Drug Overdose (Assistance Protection) Legislation Bill — First Reading
· Full day report
Drug Overdose (Assistance Protection) Legislation Bill First Reading KAHURANGI CARTER (Green) (20:36): Thank you, Madam Speaker. I move, That the Drug Overdose (Assistance Protection) Legislation Bill be now read a first time. I nominate the Health Committee to consider the bill. No one should die from a drug overdose. No one should be scared to call for help when they or someone they are with needs medical care. Around three New Zealanders die each week from a treatable, accidental overdose. Fear of being arrested can delay or stop people from seeking urgent life-preserving medical care. Normally, when someone calls an ambulance to save a life, they’re considered a hero. When someone is trying to help their friend experiencing an overdose, that should remain the case. This simple law will mean that young people won’t feel scared to call for help when someone’s life is at risk. Thank you to all of the families and the people with lived experience for sharing your stories, to the care support workers, to the first responders, to the drug-checking services at music festivals, to the needle exchanges, and to the care support workers and organisations working to keep our communities s…
Read full Hansard debate
Drug Overdose (Assistance Protection) Legislation Bill
First Reading
KAHURANGI CARTER (Green) (20:36): Thank you, Madam Speaker. I move, That the Drug Overdose (Assistance Protection) Legislation Bill be now read a first time. I nominate the Health Committee to consider the bill.
No one should die from a drug overdose. No one should be scared to call for help when they or someone they are with needs medical care. Around three New Zealanders die each week from a treatable, accidental overdose. Fear of being arrested can delay or stop people from seeking urgent life-preserving medical care. Normally, when someone calls an ambulance to save a life, they’re considered a hero. When someone is trying to help their friend experiencing an overdose, that should remain the case. This simple law will mean that young people won’t feel scared to call for help when someone’s life is at risk.
Thank you to all of the families and the people with lived experience for sharing your stories, to the care support workers, to the first responders, to the drug-checking services at music festivals, to the needle exchanges, and to the care support workers and organisations working to keep our communities safe from drug harm. Thank you to the New Zealand Drug Foundation for your evidence and mahi and the deep care and enduring relationships you have with families and those with lived experience. To everyone who has championed this bill to finally make it to Parliament, thank you. I mihi to former MPs who have worked on drug law reform to make our country safer—like Green MP Nandor Tanczos and our current Green Party co-leader Chlöe Swarbrick.
To anyone who has ever lost a loved one to a drug overdose, this one is for you. The Greens will continue to fight for sensible common-sense laws that ensure people receive healthcare, not handcuffs. I implore all the political parties to support this bill to select committee, where we can hear from organisations like St John Ambulance, the Salvation Army, needle exchanges, health-promotion organisations, first responders, and the New Zealand Drug Foundation.
With the blessing of his whānau, I’m going to tell you about Jacob Gunnell. He was 24 years old when he died. Jacob is here in this picture today. Jacob’s mum, Shelley, told me this morning she believes that, if Jacob had had an ambulance or help called, he would still be alive today. She said that’s a sad feeling inside and now their family have to live with a big hole in their hearts every day.
That fateful night, Jacob had an unexpected reaction to LSD. He ran out on to the street and laid down in the middle of the road. His friends were trying to get him up and directed traffic around him, but they didn’t call 111. Jacob was not himself. He was clammy, disoriented, and calling people different names. Shelley believes they didn’t call for help because they were afraid of getting in trouble with the police. In a state of confusion, Jacob ran—and fell to his death. Shelley said that if someone had called 111 and they weren’t going to get in trouble, maybe he would be alive. In the eulogies at Jacob’s funeral, his family all repeated, “If you ring police or an ambulance, you could save a life.”
To all the families who have lost loved ones, I promise the Green Party will continue to fight for sensible drug laws that will save lives. Our good Samaritan bill makes narrow amendments to the Misuse of Drugs Act 1975, the Bail Act 2000, and the Parole Act 2002 to ensure that when someone calls for lifesaving help during a suspected overdose or serious adverse drug reaction, they will not be charged for specified low-level drug offences, which include having or using drugs for personal use; having drug utensils; enabling premises for low-level offending, or non-commercial social supply; and breaching parole conditions relating to drug use, which recognises the heightened overdose risks after leaving prison.
This bill doesn’t protect dealing or serious crime; it’s about one simple rule: if in doubt, call for help. Evidence shows good Samaritan laws overseas increase emergency calls and save lives. With rising opioid harm, limited naloxone, and more potent synthetic drugs, this is a practical step to prevent avoidable overdose deaths here in Aotearoa. This bill sends a clear message to people that they should not hesitate to seek help, as this hesitation, brought on by fear of prosecution, is what leads to fatal outcomes. It is not only those who have fatal overdoses but people across the spectrum, including people who have an unexpected reaction. If people do not call for help when they have taken drugs and have an unexpected reaction, there is a missed opportunity to refer them to services to prevent further harm from happening. Our good Samaritan law will save lives and prevent future harm, which will make our country safer.
The Greens always treat drug use as a health issue, and we know most Kiwis see drug addiction as a health issue, too. Many of us know what it’s like to have a family member or friend who is addicted to meth, alcohol, or opioids. We know the harm this causes and the limitations to the current approach of short-term, punitive measures. The current approach to drug laws does not make our country safer. Let’s proudly hold our heads high and be a country who shines a light on the darkness and brings humanity into politics. Let’s have the guts to admit when something isn’t working to make our country safer. Let’s not be a country who hides our issues and locks them away, allowing more and more preventable harm to happen across our country. Let’s apply some common sense and save some lives and save a lot of heartache and pain with this one small law change.
We may have different views on which substances should be illegal, but I hope we can agree that, if someone is over dosing on drugs, they should receive lifesaving care. All I’m asking here is for our laws to support people to be a hero and save lives.
When I’ve travelled across the country, I’ve spoken to families who have lost loved ones and whose lives have been forever changed, like Jacob’s mum, Shelley, who might always ask, “What if someone had called for help?” I’m very aware that we still have a lot of work to do in our communities so that our young people and anyone using opioids to cope with the existence of life in an economic system where people feel the need to escape—there is a lot of work needed ahead to reduce drug harm and make our communities safer, like overhauling the 50-year-old Misuse of Drugs Act, the national roll-out of Te Ara Oranga, an inquiry from the mental health and addiction cross-party group, expanding drug-checking, naloxone take-home kits, drug consumption rooms, expanding needle-exchange programmes, decriminalisation of injection equipment, decriminalisation of drug possession for personal use, adequate rehab in prisons, more funding for drug harm reduction organisations. But, right now, all I am asking for is for people to be allowed to save lives—like Jacob’s—without stigma and shame and the fear of being arrested for being a hero. Thank you.
DEPUTY SPEAKER: The question is that motion be agreed to.
SAM UFFINDELL (National—Tauranga) (20:46): Madam Speaker, thank you for the opportunity to rise to speak on the Drug Overdose (Assistance Protection) Legislation Bill. I want to acknowledge the member Kahurangi Carter, who has brought this into the House: well done on having your member’s bill drawn and well done on a very impassioned speech as well. I’d also like to acknowledge Jacob, who you had in the photograph throughout your speech, and recognise his family. I’m unsure whether they are watching this evening—quite possibly they are—but, if they are, my thoughts and prayers are with you and also with all the other families and victims who have suffered harm and loss of life due to drug use, drug addiction, in all its different forms and all of the different situations that can spiral out of that.
I also want to acknowledge all of the families out there who may live with people with drug addiction or alcohol addiction, and all of the turmoil and distress that has caused in New Zealand for a number of years and continues to do so and, unfortunately, is likely to continue to do so into the future as we work hard as a Government—and I know that the Opposition is in the space as well, too—doing what we can to limit and reduce the impacts of drug and alcohol addiction and harm across New Zealand.
Now, this bill aims to ensure that those who call for lifesaving support in the event of an overdose or a drug reaction are protected from being charged for low-level offences. Often referred to as a good Samaritan bill or a good Samaritan Act, it would amend the Misuse of Drugs Act to ensure those who seek help are not routinely criminally charged and they can go and make those calls for emergency services to come and help them in such situations. There are a number of provisions that would be inserted, and there is information detailing what a specified person would be. I won’t bore you by going through that; members will have had the opportunity to see that.
I will also note that the member Kahurangi Carter has nominated the Health Committee to hear this bill, so depending on how it progresses this evening, Ms Carter—we will see—I may be learning a lot more about it in the time to come. If that is the case, we will give it full consideration, and we look forward to seeing you in front of the Health Committee in due course if that is the way this evening eventuates.
There are a couple of comments I’ll make around how the police respond when there is a health crisis, and it is noted that they do routinely use discretion on minor possession in instances where lifesaving help is sought. Health services treat anyone in a crisis, without refusing them or without billing. We have a wonderful system in New Zealand, where it is largely universal and it will get out there and render those services of support to people when they need them most.
There are a number of international good Samaritan models around the world. They largely arose in jurisdictions that faced significant fentanyl-driven opioid crises. That is not necessarily the situation here in New Zealand, and while it may be growing, my wish is that we never reach the proportions or the epidemic situations that some of us will have seen on Instagram clips and the likes of what is happening in some cities around the world—truly horrific, despicable situations.
Drug harm is an extremely difficult issue to deal with, and we are working hard on this as a Government. Last year, we announced $30 million as part of a meth action plan to increase the services available to those communities hit hardest by meth. We want to be picking people up in the system as early as possible. The sooner we can identify people with addiction and get them the services they need, the better.
Workforce is a big part of this. I note that the mental health and addiction workforce has grown by more than 11 percent over the last couple of years. This is a good achievement from this Government. I will commend the Minister for Mental Health, the Hon Matt Doocey, for all of his hard work in this space. Vacancy rates among drug and alcohol counsellors have dropped from more than 14 percent in September 2023 to 5.5 percent as of September 2025. That’s not to say there isn’t more work to do in that space; that would just be a foolish comment, obviously.
There is a lot more work to do, and there is also a need for more addiction services around New Zealand. I think anyone here from outside of the main centres—I see my colleague Jan Tinetti over there from Tauranga—will be acutely aware of the inadequate supply of mental health and addiction services that we have in our region. It’s something I know that we will be, once again, in a bipartisan manner, doing what we can to try to promote and influence some more of those services coming to our region. I know there will be a lot of people from other parts of New Zealand who will be doing the same thing. When you look at where we are relative to other countries, such as Australia and their number of beds per population in this space, we don’t have enough. We are inadequately represented, and there is more work to do there.
There is a lot more to do to ensure that we reduce harm of meth and alcohol. In March, we announced the first ever action plan focused on supporting the addiction sector, which brings together initiatives like Fetal Alcohol Spectrum Disorder and the meth plan—about $20 million of new investment under this Government each year into addiction services so that people can receive support when they need it.
Ultimately, in this first reading, the National Party is not going to be supporting this bill. I know that the member was already aware of that, so it won’t come as a surprise to her. In saying that, though, we will see where it goes. You were quite confident when we were outside of the House before. If it is that it comes to the Health Committee, I give you my surest intent that we will consider it to the best of our ability and make sure that we give it due consideration and listen to all of the submissions that come through. At this time, the National Party opposes this bill. We will not be supporting it, but we will give it due consideration if it progresses further.
CAMILLA BELICH (Labour) (20:54): Thank you, Madam Speaker. I want to start by congratulating Kahurangi Carter for bringing this bill to the House. It is an achievement to get a member’s bill through, but not every member’s bill makes the significant and meaningful change that this bill proposes. That’s an extra special achievement, so congratulations to Kahurangi Carter.
I also just want to acknowledge the heartfelt story that she told the House about Jacob Gunnell and his whānau and the circumstances of his passing. It’s also really meaningful, I think, when we can look at legislation that speaks to the experience that the community we serve has come to us with issues on. That clearly is the case with this particular bill, so thank you very much for bringing this bill to our attention.
We will be supporting this bill through to the select committee. From what previous members have said, hopefully that will be a good opportunity to look through some of the changes that it will implement. Other members have already gone through exactly what this bill will do—the member herself more eloquently than I can—but, just in short, it is a bill that does have evidence around the need for it. One of the pieces of evidence that we looked at when we were considering our position on this bill was the New Zealand Drug Foundation’s evidence and the evidence around several coronial inquiries in recent years that have highlighted witnesses’ hesitancy to call for help as a contributing factor in drug deaths. That was important evidence for us to see that there does appear to be a hesitation for some people when calling health services.
Essentially, that’s what this is about; it’s about making sure that people do get the healthcare they need, at the appropriate time, and wanting to take away that hesitation. I would also just note, for those people who might not be supportive of this type of bill, that it does apply to minor offences. My understanding is that if health services and police came to a scene and saw a significant or very serious crime being committed, that wouldn’t be included under this bill. I think that’s another important consideration, too. This is not about providing avenues for people to avoid arrest in cases of serious crime. That is another factor that we considered in our support for this bill.
Another piece of evidence that we looked at was a report from Radio New Zealand, which said that, in 2005, there were three New Zealanders who died every week from accidental drug overdoses, which seems quite extraordinary. That seems to be a very, very significantly high number of people who are affected by accidental drug overdoses, therefore showing that we do, as a Parliament, need to consider what steps we can take to make access to healthcare more accessible for those people, too.
I won’t use all of my call. I’m sure that the member is keen to hear other speeches and get progress through the House. I just wanted once again to commend Kahurangi Carter for bringing this bill to the House, acknowledge those who’ve shared their stories with her, and provide the Labour Party’s support for her in this process.
TODD STEPHENSON (ACT) (20:58): Thank you, Madam Speaker. I rise on behalf of ACT New Zealand to speak on the Drug Overdose (Assistance Protection) Legislation Bill. I also want to start by acknowledging Kahurangi Carter, the member in charge. This is her second member’s bill in quite quick succession, which is quite a feat for a first-term MP, so I want to acknowledge that. She’s also going to pull off another feat, I think, for a first-term Green MP: she’s going to get the support of the ACT Party on the first reading to send this to the select committee, which is quite an achievement. I just want to get that out of the way and get that up front.
I also want to acknowledge the story she shared about Jacob and obviously, again, acknowledge his family. It was obviously very generous of them to let you share that story, so I do just want to acknowledge that.
We think this bill is pretty simple at its heart. As the previous speaker said, it is actually shocking that, on average, three New Zealanders a week die from a drug overdose. These aren’t necessarily people shooting up in the streets or in the gutters; there are actually sometimes young or old people from every part of New Zealand—a wide demographic—and some of them may be long-term users, and some of them might not be. They might have just been experimenting for the first time.
Drugs are dangerous substances, and sometimes they are life-threatening, and they are obviously addictive, and there’s a lot of other consequences of taking them. The reality is that a prohibition on drugs hasn’t stopped their use. In the current settings, it is sometimes unclear, if you reach out for help, what could be the consequences. So we want to make sure that when something does go wrong, someone’s friends, family members, the people that are with them don’t hesitate in calling emergency services and that they do pick up the phone, because, again, if you can get help quickly, often drug overdoses can actually be attended to and people can actually survive. So, you know, it does actually matter how quickly people get medical attention. Actually, between 2015 and 2024, over 6,000 people were hospitalised for drug poisoning—that’s quite a large number. So we just want to make sure, where there is an unclear law like this one, that it actually is clarified.
I also do want to be clear about what this bill is not. Again, I want to acknowledge Camilla Belich. She did say this relates to low-level offences, but this is not a “soft on crime” bill; if it was, ACT certainly wouldn’t be supporting it. Obviously, we are totally against people who peddle drugs, and we are very proud of the work that this coalition Government, which ACT is a part of, has done around law and order and crime. Minister McKee has done as much as any Minister to ensure that gangs are cracked down on, that victims are put first, etc.
So, you know, this is a modest bill. It does some important changes, but we just want to make sure that the law is clear when people reach out for help, that they are going to be protected. It’s not about excusing or promoting drug use. Certainly, we don’t condone illegal drug use, but it is making sure that the law is clear. ACT is very much about ensuring, where there is bad law or uncertainty, that that clarity is obtained.
I was also very pleased, selfishly, that it’s going to the Health Committee—I thought for a minute it might be going to the Justice Committee. Again, my good colleague Cameron Luxton is on the Health Committee, and he will give this bill the attention it deserves. We commend it to the House. Thank you.
Hon CASEY COSTELLO (Minister of Customs) (21:02): I rise on behalf of New Zealand First to speak on the Drug Overdose (Assistance Protection) Legislation Bill. Firstly, I’d really like to acknowledge Kahurangi Carter for her empathy, for her kindness, for her consideration, and her clarity in the message that she is sending in this space. It is important that we communicate the need to always seek help, and I think it is a very sad indictment on our society that we have a message that is taken up by anyone that they would defer or refuse to call for help on the risk of a low-level drug offence. I hope that we are a better society than that.
But in my instances of experience in this space, it is not fear of prosecution that prevents people from seeking help; it is a lack of knowledge, it is a lack of awareness, it is a lack of appreciation of the seriousness and severity of people’s conditions. I have, unfortunately, attended deaths where it has been alcohol overdose, where people have thought, “I’ll just put them in the car and they’ll sleep it off.” and they have died, tragically—young people. That is a lack of awareness, that is a lack of appreciation, that is not taking the situation seriously, that is not appreciating what harm these chemicals and substances cause to young and old bodies. It is really tragic, and I think there is a lot we can do in this space to build awareness, to appreciate what a simple call for help can do for anyone.
I just challenge the idea of legislating out discretion for police officers, for anyone who is involved in these situations. I have more faith in our police officers than I think is demonstrated here. This is not a law of clarity; this is a law of complexity. Where would this discretion apply? Who would it apply to? Everyone in the house? Just the person making the call? There are so many complexities in this bill that I don’t think this is about good, clear law; I think it is about trying to resolve a social issue.
I absolutely endorse wholeheartedly the intention of this legislation, that we need to make people less afraid of asking for help. We need a system that has more empathy. We need a system that has the passion that Kahurangi Carter has demonstrated here today. We need to know that this is harmful, and we need to know that there is help out there. Yes, there is a lot more education we can do in this space. I would hate to think that we are a society where anyone who is suffering under the influence of a substance that is affecting their bodies, their respiration, their clarity of thought—that we wouldn’t pick up the phone and ask for help. That is the message we want to share. That is the message we want to reiterate. I don’t think this is about a legislation; this is about an awareness. This is, yes, we can do better—absolutely—but it’s not just drugs that our young people lose their lives from. It is the person who’s prepared to take the car keys off them. It’s the person who’s prepared to stop them, take them in, get them to hospital, do all the things that will make sure that we don’t lose young people because of ignorance and unawareness of the harm that is caused by these substances.
Therefore, I absolutely applaud the effort and intention of this bill, but New Zealand First will not be commending it to the House.
ORIINI KAIPARA (Te Pāti Māori—Tāmaki Makaurau) (21:06): I rise on behalf of Te Pāti Māori to speak to a bill that at its heart is about saving lives. It’s about ensuring that when someone is in danger, when a whānau member, a friend, or even a stranger is overdosing, the people around them can call for help without fear. For too long, our laws have created silence where there should’ve been action. They’ve created hesitation where there should’ve been urgency. Research cited in the 2025 Drug overdoses in Aotearoa report shows that criminalisation does not reduce harm. Instead, it stops people from seeking help when every second counts. This bill changes that, and I applaud Green MP Kahurangi Carter for her mahi—tēnā rawa atu koe [very many congratulations].
What this bill does is it makes it very clear that those who call for help, those experiencing an overdose, and those who simply are present will not be punished. Possession, use, utensils, social supply—these will not be barriers to saving a life. Even those on parole with drug-related conditions will be protected, because we know the risk of overdose is highest after forced sobriety.
For Māori, this isn’t an abstract issue. Māori are almost three times more likely to die from an accidental overdose than non-Māori. Our people are over-policed, over-charged, and overrepresented in convictions for low-level drug offences. These are not just statistics; these are our cousins, these are our aunties, these are our uncles, and our tamariki. Te Pāti Māori supports this bill because it aligns strongly with our kaupapa of mana motuhake. This bill directly addresses inequity. It reduces the disproportionate harm Māori face both from overdose and from policing. It recognises that fairness is not just a principle; it must be lived in our laws.Mana mokopuna—because more than 1,295 people have died from accidental overdose since 2016. Every one of those deaths ripples across generations. This bill will prevent some of those losses. It will keep more whānau whole. It will give our mokopuna a future, with fewer empty seats at the table. Mana ōrite—because this bill weekly addresses the inequity, as I said before.
Stakeholders such as Te Puna Whakaiti Pāmamae Kai Whakapiri, the New Zealand Drug Foundation, have been clear. Their 2025 report recommends that our legislation must enable action. This bill does exactly that. It removes the threat of criminal liability so that people can do the right thing without fear.
But let us also be honest: this bill is only one step. The report calls for a comprehensive overdose prevention programme, a national surveillance system, and major drug law reform. Many in our communities have been calling for the same. Some have asked why our Government continues to rely on punishment when the evidence shows that addiction is a health issue, not a criminal one; why prison is still treated as the answer when it has never solved the problem. These are questions that deserve real answers.
Supporting this bill is the bare minimum. The bigger work ahead is transforming our approach to drug use so that it is grounded in compassion, evidence, and tino rangatiratanga. To the people of Tāmaki Makaurau, who I represent, your voices, your lived experiences, and your losses, your hopes are carried into this House right now. This bill reflects what many of you have been saying for years: that no one should die because someone was too afraid to call for help. If we can save even just one life, if we can prevent even one whānau from burying someone that they love, then this bill is absolutely worth supporting. On behalf of Te Pāti Māori and the people of Tāmaki Makaurau, I commend this bill to the House.
ARENA WILLIAMS (Labour—Manurewa) (21:10): Thank you, Madam Speaker. It’s an honour to take a call on this bill, and I want to acknowledge the parties around the House who’ve given their support for it to be able to go to select committee and to hear from the New Zealanders who are affected by this.
Every year, three New Zealanders lose their lives in overdose situations from drugs. Alcohol remains the leading cause of death that is preventable and early in our communities, and this is a real health issue that calls on all parties around the House to come to some agreement about; what we can do to improve the situation in people’s lives. It affects young people, it affects older people, it affects everyone: mums, dads, and their communities—people who deserve a Government that will take on some of these tough decisions and improve healthcare for people who are suffering from addiction, who need support and need preventative action and harm reduction not only in their healthcare system but in their communities.
I want to acknowledge the New Zealand Drug Foundation, who are here tonight. It’s bills like these that continue to raise these issues on the agenda of the politics of the day and with the communities who need the support, and it’s organisations around the country like the Salvation Army who continue to advocate for sensible reform in this area that will help everyone. This is an issue where it is beyond politics; it is something we can all relate to within our own families, within our own friends. On this issue, where we are debating tonight the penalties that currently apply to people who are doing the right thing, we can help that. We can find a way through, as Casey Costello has said, where people doing the right thing are encouraged to do so, and where there is more information about people needing to do the right thing—that it’s not OK for young people to care for their friends and think they are doing everything right by popping someone in the car and giving them a shower. They need to call for help. We need better information out there for our young people, as well as for everyone dealing with these issues in their community.
I commend this bill to the House. I look forward to following the submissions closely, and I hope we can find a way through.
Dr CARLOS CHEUNG (National—Mt Roskill) (21:12): First of all, I would like to congratulate the member Kahurangi Carter for her member’s bill being drawn and for trying to address one of the important issues in our community. I also want to begin by acknowledging the very real and tragic harm caused by drug overdose in our communities. Every life lost is a profound failure to protect those who are vulnerable, and we all share responsibility to reduce the harm.
However, while the intention behind this bill may be compassionate, intention alone is not enough. We must carefully consider whether the approach it takes will truly achieve its stated goal. I do not believe this bill will effectively reduce drug overdose deaths. In fact, I’m concerned it may do the opposite. Consider, by removing and softening the legal consequences associated with drug use in overdose situations, this legislation is sending the wrong message: that drug use carries fewer risks. While the aim may be to encourage people to seek help in emergencies, we cannot in law ignore the signal this sends.
Laws do not just punish; they also shape behaviour. If we weaken them in this context, we risk normalising dangerous activities rather than discouraging them. Consider this risk: by softening legal consequences in overdose situations, this bill creates space for exploitation. A drug dealer present could claim protection while calling for help, avoiding immediate accountability and continuing to supply harmful drugs to people. This does not reduce harm. This risks causing even greater harm to our communities.
It is also important to recognise this in practice. Our front-line response is already grounded in compassion and common sense. Police prioritise saving lives and routinely exercise discretion when minor possession is involved in an overdose situation. Health services, for their part, treat anyone in crisis without hesitation, without judgment, without fear or refusal. The system already supports a health-first response, so we must ask what this bill can truly do. If individuals can already seek urgent help without practical barriers, legislating it risks potentially going further beyond enabling emergency care and instead begins to interrupt the broader disturbance framework.
The balance we currently have—compassion in Christ, accountability in conduct—it’s not perfect, but it is deliberate. This bill shifts this balance in a way that may have unintended consequences. Prevention must remain at the centre of our efforts. With using drugs, overdose deaths are not just about what happens in the moment of crisis; it is about stopping people from reaching that point in the first place. That means stronger education; early intervention; and clear, consistent signals that drug use is harmful and carries consequences. We should be strengthening our system to protect health, not introducing changes that risk normalising the very behaviour we are trying to reduce. I always say: in order to have a normal life, stay away from alcohol, smoking, gambling, and drugs, and your life will be just fine.
In closing, while I respect the intent behind this legislation, I remain unconvinced that it will deliver the outcomes it promises. Instead, it risks weakening the deterrence that helps protect our communities and shifting the focus away from the prevention strategies that we know are essential. For this reason, I stand opposed to the bill at its first reading, but I’m happy to listen to some of the feedback from the public during the select committee.
GEORGIE DANSEY (Labour) (21:17): Thank you. I rise on behalf of the Labour Party in support of this bill at its first reading. Congratulations to Kahurangi Carter in bringing your bill to the House. This is the second time I’ve spoken to one of your bills in the last couple of weeks.
Looking at this bill, it’s a humane and pragmatic piece of legislation. It recognises a simple but deeply important truth: when someone is experiencing drug overdose, the priority must be to save their life. We know that, often, the fear of prosecution acts as a barrier to calling for help, and this bill seeks to remove that barrier by providing protection from low-level drug offences for those who seek emergency assistance. No one should ever hesitate to call 111 when a life is at risk, and this bill helps to break down barriers to contacting emergency services.
It has potential to prevent many unnecessary deaths in New Zealand from drug overdose, as other speakers have spoken to already. Other speakers have also spoken about how widespread overdose is in Aotearoa New Zealand. It continues to occur across all our communities, affecting people at different ages, backgrounds, and regions. It does not discriminate. The statistics are pretty stark, and without this bill there is a risk that a delay in asking for help for risk of repercussion could cost a life.
This bill takes a harm reduction approach. It acknowledges that criminalisation, particularly at the low-level end, can have unintended consequences. By protecting people at the scene from prosecution for minor offences—whether they are using drugs themselves or simply present—it gives clarity and reassurance in moments of crisis. I think it’s important to emphasise that this bill is not about serious crime; it is protection from minor offences, and Labour supports that intent.
I do have some questions and comments to make, and I know these will be worked through at select committee. The first one is that we must ensure we’re careful around the scope of protections. The bill proposes protections across a range of offences, including possession, use, and even social supply in certain contexts. While we understand the rationale, Parliament must be confident that these protections cannot be exploited in ways that undermine our broader drug enforcement or community safety. We must look at this bill within a wider health framework and addressing drug harm in our communities as a whole. I have particular questions around how the police would apply these protections in practice and what the clear guidance will look like to ensure consistency, and how we ensure that communities have confidence the law is being applied fairly and appropriately.
Labour believes in a balanced approach to drug policy, one that combines enforcement with compassion and accountability with public health. We will support this bill to select committee and hope that there are robust discussions in that space.
RIMA NAKHLE (National—Takanini) (21:22): Thank you, Madam Speaker. I find myself in the kind of “between a rock and a hard place” situation in terms of the subject matter we’re discussing tonight. If we sift the conversation to its core, we’re, essentially, discussing life and death, and we must confront this. We’re discussing situations where people find themselves in the presence of someone who is probably dying—dying if this person does not receive the help they need in this extremely difficult hypothetical situation.
I want to acknowledge the passing of Jacob. Our colleague across the House, Kahurangi Carter, placed his picture in front of her and referenced his mother, Shelley. In all honesty, very often, with the laws we’re making—our Government; with respect to getting tough on crime, putting victims first—mothers and fathers come into my mind a lot. While some people might say some of these laws appear harsh, for me, the biggest harshness is a parent losing a child. The delicacy of this subject matter today is that our colleague Kahurangi Carter had her member’s bill pulled out of the ballot, and it’s a member’s bill where, on the face of it, of course, as we’ve traversed across the National Party tonight, the intentions are pure. The intentions are ones that are underpinned with love, with aroha.
Again, the delicacy also, I reflect on it, because we don’t support this bill, not because we’re politicking, not because we don’t care about Shelley—no doubt the rest of her life will be a living hell; she’s lost her son—but there’s other reasons, and if I may say, perceptions do matter. It does matter if we’re seen to, essentially, say, “You know what? Someone can escape criminal prosecution because they thought about themselves more than thinking about the person that was overdosing and could die.” That’s not part of the debate notes. That’s me, personally, saying the anger in me comes from a place of sadness that, if I was in the situation where someone could be dying in front of me, I wouldn’t think twice about calling for help based on the fact that I may be criminally prosecuted. I wouldn’t think twice about it. I’d think about the person’s life. I’d think about the person’s mother. That’s what I’d think about.
What this bill aims to do is to amend the Misuse of Drugs Act so that, if someone calls for help from emergency services to assist a person who is overdosing, they will, essentially, escape criminal prosecution. Yes, that person is suffering from an addiction—most probably is suffering from an addiction themselves. Our Government and our party has put in place the first Minister for Mental Health ever, and we do take mental health seriously. My older sister is a mental health nurse specialist, and she has said to me for over 20 years that there’s no drug that’s a soft drug.
The anger I feel is not towards the people who have passed away because of an overdose; it’s towards those who have sold them the drugs and those who stood by them while they were overdosing and thought about their selfish needs other than those of the person who was on their death bed. I don’t support this bill. It seems like eventually it will go through, and be that as it may—
Ricardo Menéndez March: Good. We don’t need you.
RIMA NAKHLE: And you can say your disgusting remarks, Ricardo, but this is how I do feel about it: that you’re protecting those who thought about themselves instead of protecting the lives of others. I don’t commend this bill to the House today.
ASSISTANT SPEAKER (Maureen Pugh): I’ll just remind members that, when you’re referring to another member in the House, you use their full name. The question is that the motion be agreed to.
Kahurangi Carter: Madam Speaker.
ASSISTANT SPEAKER (Maureen Pugh): I’m sorry. I had put the question. You didn’t stand for a call—I wasn’t sure you were taking it—so I have already started the question that the motion be agreed to.
Hon Dr DUNCAN WEBB (Labour—Christchurch Central) (21:27): Point of order, Madam Speaker. I seek leave for Kahurangi Carter to take a final call on this bill.
ASSISTANT SPEAKER (Maureen Pugh): Leave is sought for that purpose. Is there any objection? There appears to be none.
KAHURANGI CARTER (Green) (21:27): Thank you, Madam Speaker, and thank you to the Hon Dr Duncan Webb and to everybody who has supported this bill tonight.
I will say it again: no one should die from a drug overdose. No one should be scared to call for help when they or someone they are with needs medical care. I do thank everybody here for acknowledging Jacob Gunnell and his family, and I want everyone to remember that Jacob is not alone. Almost three people die in New Zealand every week of a completely treatable and accidental overdose.
I ask the members to judge this bill not on my intentions, not on my speech, but on the impact of this bill and what this bill will achieve. You don’t need to believe me. You can listen to the submissions that will happen at select committee. You can read the many reports, you can look at international evidence where good Samaritan provisions are provided and in place.
I do want to mention that when I’ve talked to people around the country who have experienced a drug overdose or been with someone who has, many times, the reason that they are not calling is not because they are scared for themselves—they are happy to get in trouble. Who they are worried about is the person who is overdosing. They are worried they will lose their jobs. They are worried about the stigma and the shame that it will cause them and their families. I really just want to lay that out there that this is a practical law, this is a common-sense law. This law will save lives.
New Zealand First talked about health promotion, and we are all for health promotion and education, but it is not one or the other. This is a “yes/and” situation. We can have education and promotion and a law that has proven to save lives and can make a real difference to make sure that, when someone needs life-preserving medical attention, people call for help. That is the message this bill sends.
Like I said, you don’t have to believe me, you can read the evidence. You can look at the latest 2026 study by Dr Rose Crossin around how New Zealanders now think of drug addiction as a health issue, not a justice one. You can look at the recent Victoria University study that shows that 41 percent of students know somebody who has overdosed. We’re talking about our brightest minds here. As I said, I implore everyone to listen to those select committee submissions from first responders, from people with lived experience, from families of people who have lost people. When we’re talking about discretion from the police, that argument doesn’t stand here, because people are not calling for help; people are dying. There isn’t discretion being used, because they are literally not being called for help. So, please, go away and learn about this. This is a chance for us all to come together as a whole Parliament to show New Zealand that we care about sensible, safe laws that make a difference to everybody’s lives. Kia ora. Thank you, Madam Speaker.
A party vote was called for on the question, That the Drug Overdose (Assistance Protection) Legislation Bill be now read a first time.
Ayes 66
New Zealand Labour 34; Green Party of Aotearoa New Zealand 15; ACT New Zealand 11; Te Pāti Māori 5; Ferris.
Noes 57
New Zealand National 49; New Zealand First 8.
Motion agreed to.
Bill read a first time.