Lecretia Seales did not get her dying wish.
Only Parliament can change the law to reflect her wishes, Justice David Collins said.
The judgment from the High Court at Wellington explains Seales’ doctor would have been at risk of being prosecuted for either murder or manslaughter if she administered a fatal drug to Seales, intending to kill her.
The judgment also explains Seales’ doctor would be at risk of being prosecuted with assisting suicide if she provided Seales with a fatal drug, intending Seales take that drug and if Seales died as a consequence.
The provisions of the Crimes Act are not inconsistent with the Bill of Rights, Collins said.
He conveyed his deepest condolences to her husband, family and friends.
Seales would have learned of the outcome on Tuesday, the judgment reveals.
“I cannot declare that Ms Seales’ doctor would be acting lawfully if she administered a fatal drug to Ms Seales within the terms sought.
“Nor can I declare that it would be lawful for Ms Seales’ doctor to provide her with a fatal drug knowing that Ms Seales intended to use that drug to end her own life and did so.”
“Because Ms Seales’ health is rapidly deteriorating, I informed the parties of this aspect of my decision on 2 June 2015.”
Link to High Court Ruling