A relative recently died, and the hospital asked us whether we would agree to organ donation. We know he was registered as a donor on his driver’s licence, but we are unsure about whether the family or the registration decides. How does consent work?
In New Zealand, organ and tissue donation is governed by the Human Tissue Act 2008, and it depends on informed consent. If the deceased had expressed a wish to donate, for example by registering as a donor, that is an important indication, and clinicians will consider it, but in practice donation teams also consult the family and generally do not proceed against the family's strong objection. If the person had not expressed a view, the family members can consent, taking into account what the deceased would have wanted. Tissue can be collected for transplantation, research or education only with appropriate consent, and Māori cultural considerations are recognised. If the family has concerns, they can talk to the donation coordinator, who can explain the process, and ask questions before making a decision.
This website uses cookies to personalize content and advertising messages, collect analytics, and for other purposes. You can read our cookie policy. If you agree to the use of cookies, click "Accept".
Lawyers-nz.com