95bFM Decriminalising overdoses in Aotearoa
19 May, 2026
Interview by Castor Chacko, adapted by Jiwan Park
In Aotearoa, three people die each week of fatal drug overdoses. One of the primary causes is the fear of prosecution over drug use, which discourages people from accessing medical care. The Drug Overdose Amendment Bill issued last month by the Green Party aims to protect people from prosecution of low-level crimes such as drug use and reduce the number of preventable deaths in Aotearoa.
Green Party MP Kahurangi Carter put forward the Drug Overdose (Assistance Protection) Amendment Bill which passed its first reading in Parliament last month. The bill is designed to protect citizens from prosecution of low-level drug offenses, for the person experiencing overdose and also those present at the scene. By removing penalties, the bill should encourage people to seek medical assistance without fear.
NZ Drug Foundation Executive Director Sarah Helm told 95bFM’s The Wire that we currently lose three people every week to unintentional overdose.
“If you compare it to the road toll, it’s about half. Compared to drownings, it equates to twice as many of those.”
The fatalities include situations where death would have been preventable with suitable medical help, but there was a failure to reach out due to people being afraid of getting in trouble with the law. Implementing this bill would help reduce that fear, as citizens would be protected from low-level crimes such as drug use, drug possession, possession of drug utensils or small amounts of drug supply.
The Drug Overdoses in Aotearoa 2025 reports showed that between 2015 and 2024, 0.66% of hospital presentations for drug poisoning resulted in death. The relatively low number reflects the adequate help that people were able to receive once hospitalized.
The stigma with overdose is that it is often associated with addiction and frequent use of drugs. Helm explained that this wasn’t always the case, and many factors could result in toxic overdose. Someone’s could be using a substance for the first time, taking too many different substances, have taken alcohol or medicine beforehand, or accidentally consumed the wrong drug.
During the first reading in Parliament concerns and opposition were raised about the bill.
National MP Sam Uffindell was in opposition, and said “the police routinely use discretion on minor possessions in instances where lifesaving help is sought,” and claimed that police were already lenient in conducting prosecutions according to situations.
Helm said that the discretion was in fact the source of people’s fear, and the aim of this bill was to help eliminate that uncertainty.
“And so whilst we have great relationships with police ourselves as an organisation, and many people won’t experience this, there’s always the risk that they will.”
On top of the bill, NZ Drug Foundation is seeking alternative actions that could further prevent fatal overdose. A larger supply of Naloxone, a medicine that can reverse opioid overdose has been requested to the government, along with more attentive care for non-fatal overdose cases in hospitals.
Installing consumption rooms, a space where people are able to consume drugs with medical supervision and ensure they do not overdose, is another scheme they have been working on. It has already been present in Australia, Canada and several other countries since the 1980s, and is said to be an effective facility.
Sarah Helm is in strong support of the Drug Overdose Amendment Bill, and positive outcomes are wished for.
“It will hopefully eliminate that fear, give people the confidence to call, confidence that it's going to be dealt with as a health issue rather than a police issue.”
