Understanding the Proposed Drug Overdose Law Changes

The proposed Drug Overdose (Assistance Protection) Legislation Bill is about one simple idea:

No one should be afraid to call 111 when someone’s life is at risk.

Right now, people hesitate to ask for help during an overdose because they are worried about police involvement, being searched, getting charged, or breaching bail or parole conditions. In a medical emergency, even a few minutes of delay can cost a life.

This Bill aims to remove that fear and make saving a life the priority.

What Would Change?

The Bill would create legal protections during an overdose emergency so people can focus on getting help without worrying about low-level drug charges or other immediate legal consequences.

The proposed changes would:

• Protect the person overdosing, the caller, and people at the scene from low-level drug prosecution during the emergency.
• Stop an overdose emergency from automatically counting as a breach of bail, parole, or release conditions.
• Prevent police from using a 111-overdose call as a reason to search a home or property.

Importantly, this does not change everyday drug laws outside of a medical emergency.

This is about creating a legal “safety switch” during a crisis so fear does not stop someone from saving a life.

Why This Matters

Accidental overdoses are taking the lives of, on average, almost three people across Aotearoa every week ^[1].

During an overdose those first few minutes are critical. But right now, some people delay calling for help because they are afraid of what could happen to them afterward ^[2].

No one should have to choose between:

• saving someone, or
• protecting themselves from legal consequences.

When fear gets in the way of calling 111, the system is failing the people it is supposed to protect.

Why Clear Legal Protection Is Important

Now, people often rely on police discretion. That means whether someone faces consequences can depend on the situation or the people involved.

But in a crisis, uncertainty creates fear.

When someone is panicking, they are not thinking about legal technicalities or probabilities. If people are not completely sure they are safe to call for help, hesitation happens.

This Bill would put those protections directly into law, giving communities clear reassurance that asking for emergency help should never put someone at greater risk.

What Overseas Evidence Shows

Countries with similar “Good Samaritan” overdose laws have seen real improvements in emergency response and reductions in overdose deaths. Evidence from overseas shows these protections can help reduce overdose deaths by encouraging people to call for help earlier and reducing the fear of prosecution ^{[2] [3] [4]}.

When people feel safe to seek emergency care, more people survive.

What This Means for Whānau

More confidence to call for help means more lives saved.

For whānau, that means:

• fewer preventable deaths,
• less trauma carried across generations,
• and reassurance that human life comes first in an emergency.

At its heart, this Bill recognises that compassion should never become a pathway into punishment.

Not Everyone Experiences Fear Equally

The impacts of drug harm and criminalisation are not felt equally across our communities.

Māori are disproportionately impacted by both overdose harm and punitive responses within the justice system ^[1]. Wider inequities across health, housing, and policing also shape who feels safe asking for help in a crisis.

When emergency protections rely on discretion instead of clear legal rights, communities already carrying distrust in the system are often the least likely to reach out.

Clear legal protections help create a safer pathway to emergency care for everyone.

Have Your Say

The closing date for submissions is 11.59pm on Tuesday, 16 June 2026.

Share your whakaaro and help shape a response that puts saving lives first.

References

1. New Zealand Drug Foundation. (2025). Drug overdoses in Aotearoa 2025. New Zealand Drug Foundation. https://drugfoundation.org.nz/assets/PageBlocks/Downloads/DrugOverdosesInAotearoa2025.pdf
2. Follett, K. M., Piscitelli, A., Parkinson, M., & Munger, F. (2014). Barriers to calling 9-1-1 during overdose emergencies in a Canadian context. Critical Social Work, 15(1).
3. Kewalramani, D., Choron, R. L., Whitley, D., Teichman, A., Raina, K., Singh, G., … & Narayan, M. (2025). Impact of the Good Samaritan Law on bystander intervention willingness and perceived legal risks in India. Journal of Trauma and Acute Care Surgery, 98(2), 228–235.
4. Smart, R., Pardo, B., & Davis, C. S. (2021). Systematic review of the emerging literature on the effectiveness of naloxone access laws in the United States. Addiction, 116(1), 6–17.