The “Good Samaritan” could save lives

Her “Good Samaritan” Member’s Bill which was pulled from the ballot in the last sitting block, Renewed calls for a full and independent inquiry into the Family Court following the […]


Her “Good Samaritan” Member’s Bill which was pulled from the ballot in the last sitting block, Renewed calls for a full and independent inquiry into the Family Court following the Tom Phillips case.

The “Good Samaritan” Bill (formally titled the Drug Overdose (Assistance Protection) Legislation Bill) is a Member’s Bill introduced by Green Party MP Kahurangi Carter.

Its purpose is to reduce preventable deaths from drug overdoses by giving legal protection to people involved in overdose situations, especially those who call emergency services. The idea is that people experiencing an overdose (or witnessing one), and those who call for help, should not be prosecuted for certain drug offences when their priority is to save a life.

Here are the main features as proposed:

  • Protection from prosecution: People calling for help during an overdose, or present at the scene, would be protected from criminal liability for low-level drug possession or use offences.

  • Encourage help-seeking: By removing or reducing legal risk, the Bill aims to remove a barrier that currently prevents people from calling emergency services in overdose situations.

  • Reduce fatalities: The Bill is premised on the evidence that many overdose deaths happen because people hesitate to seek help. Making a legal safe-space for people in those situations could save lives.

Supporters of the Good Samaritan Bill argue that:

  • There are too many avoidable deaths from accidental overdoses in NZ.

  • Fear of criminal repercussions discourages people from calling for help. That means bystanders or family might delay calling 111, or people experiencing or witnessing an overdose may try to manage it alone – increasing the risk.

  • Other jurisdictions (internationally) have “Good Samaritan” laws or policies that show legal protection in overdose situations can increase willingness to seek emergency help and thus lower mortality. (While I didn’t find a specific NZ example yet, that’s a frequently invoked rationale.)

  • As of 11 September 2025, the Bill was pulled from the Parliamentary “biscuit tin” – that means it was drawn from the ballot of proposed Members’ Bills and is now available for debate in Parliament.

  • The Bill must go through the usual legislative process: First Reading, Committee Stage, etc., including submissions, debate, possible amendments.

Possible challenges or points of contention:

  1. Scope of protection: exactly which offences are covered (only possession? usage? how much?) If it’s too broad, opponents might argue it undermines drug laws; if too narrow, it may not give enough assurance.

  2. Clarity on circumstances: what qualifies as an “overdose situation,” how the protection is triggered, how to verify it, etc. Must be clear to avoid legal ambiguity.

  3. Balance with public safety and law enforcement: some may argue that protection could reduce deterrents, or pose complications for police if drug offences are more tolerated in certain circumstances.

  4. Political support: whether enough MPs (including from other parties) will support the Bill for it to pass.

  5. Implementation details: how emergency services and justice system will handle cases; how people will be informed of their rights; whether there will be unintended consequences.

If passed, the Good Samaritan Bill could:

  • Increase the number of timely calls to emergency services when overdose is suspected;  potentially fewer overdose deaths.

  • Reduce fear among people who use drugs, their friends, families, etc., when considering seeking help.

  • Shift public attitudes towards overdose from punitive to health-oriented.

  • Require changes in how law enforcement handles low-level drug offences in overdose cases.

 

Author

    Radio Waatea is Auckland’s only Māori radio station that provides an extensive bi-lingual broadcast to its listeners. Based at Nga Whare Waatea marae in Mangere, it is located in the middle of the biggest Māori population in Aotearoa.