Fear of police involvement is stopping some people from calling 111 during suspected overdoses.
A new Good Samaritan bill seeks to change that by protecting callers, victims and bystanders from low-level drug prosecutions.
Every single week, an average of three people in Aotearoa die from an accidental drug overdose. While these deaths occur across all demographics, the latest figures reveal a stark equity gap: Māori are dying at nearly three times the rate of non-Māori.
Public health surveys show that roughly 40 per cent of people at risk of drug harm actively hesitate to call emergency services because they fear police involvement.
For survivors like Yana Johnstone (Ngāi Tahu), who is now 18 months into recovery, these statistics reflect a lifetime of personal trauma. Johnstone’s exposure to substance use began in childhood, forcing her into a heavy caretaking role.
“I’ve had to be a mother since I was seven years old, from growing up in addiction,” says Johnstone.
“My mum would overdose on pills time and time and time and time again. I swore that I’d never put my kids through anything like that. But I did it.”
As she sank into her own struggle with methamphetamine, Johnstone found that fear of the legal system isolated her family when they were most vulnerable.
“No one wanted to help me,” she says.
“I was trying to tell them my son needs help, but they didn’t listen to me. They just used to be all about drugs. I had no help. And then I smoked myself into a hole, and then I ended up getting done for selling drugs.”
The turning point came amid a profound family tragedy, which ultimately strengthened her commitment to breaking the cycle.
“I was four weeks clean, and my kids lost their dad,” says Johnstone.
“To me, that was a sign that I had to keep going.”
A legislative solution
Green Party MP Kahurangi Carter introduced the Drug Overdose (Assistance Protection) Legislation Bill, commonly called the Good Samaritan bill. It passed its first reading with cross-party support, and the law would change how the current drug, bail, and parole laws operate during a medical emergency.
The bill would create a legal shield so bystanders are not afraid to call 111 during a suspected overdose or adverse drug reaction.
If emergency services are contacted in good faith, individuals will not face charges for the possession or use of illegal drugs, drug utensils, or social supply sharing between friends. This protection extends to the person experiencing the overdose, the caller, and anyone staying behind to assist until medical help arrives.
Sarah Helm, Executive Director of Te Puna Whakaiti Pāmaemae Kai Whakapiri (the New Zealand Drug Foundation), warns that relying on informal police discretion leaves vulnerable communities at risk.
“If that’s your loved one, you want nothing getting in the way of them calling for help,” says Helm.
“Māori are least likely to have discretion applied, and more likely to actually be prosecuted for minor drug crime and all drug crime.”
Green Party MP Kahurangi Carter points out that the current system actively deters young Māori from seeking emergency help.
“They’re scared to call for help in situations like this because of what the ramifications are, and we want to take that away,” Carter says. “This law is about making sure that if someone needs life-saving help, the barriers are not there, that they get it.”
Bail, Parole, and Resistance
The bill also amends Aotearoa’s bail and parole systems because people recently released from prison face an exceptionally high risk of fatal overdose. Currently, a parolee who calls 111 for a friend risks being sent back to prison for breaching non-consumption conditions.
Opponents argue, however, that creating statutory immunity chips away at the Misuse of Drugs Act 1975, and could signal that low-level offending will be ignored. To counter this, the draft bill explicitly limits protection to evidence discovered directly during the medical emergency. Major offences such as manufacturing, commercial trafficking, or driving under the influence would remain fully prosecutable.
The Health Select Committee is now reviewing public feedback before the bill returns to the House for its second reading.
