Cook, who also has power of attorney for Kelly, spoke to the Rotorua Daily Post while supporting him through the process, on the condition his story would not be published until after his death.
Kelly died on February 4 using the assisted dying service, just a few months after being diagnosed with Stage 4 pancreatic cancer in November at Rotorua Hospital.
Cook said the cancer metastasised to his lungs, and he spent three weeks in hospital having fluid drained.
He declined other treatment.
She said her uncle decided to explore assisted dying after being discharged from hospital.
He met with Health New Zealand Te Whatu Ora’s assisted dying service team on January 15.
There, he found out about one criterion he did not meet – being a New Zealand citizen or permanent resident.
Taupō terminal cancer patient Ned Kelly died on February 4 using the assisted dying service. Photo / Supplied
Originally from Australia, Kelly had lived in New Zealand since 1960, where he had worked and bought a house, Cook said.
The other criteria, which Kelly met, were being aged 18 or older, suffering from a terminal illness likely to end his life within six months, experiencing a serious decline in physical capability that cannot be reversed, experiencing unbearable suffering that cannot be relieved in a way he could tolerate, and being competent to make an informed decision about assisted dying.
The End of Life Choice Act 2019 came into force in November 2021 following a public referendum.
From mowing lawns to being ‘bedridden’
Cook said her uncle had been very independent before his diagnosis, and was “still mowing his own lawns”.
His illness, however, left him “bedridden” and “robbed him of his appetite”, meaning he was suffering from malnutrition.
Cook said Kelly had support letters from his physician and the assisted dying service team to verify his application needed to be “accelerated because of his physical condition” and suffering.
Cook said Kelly’s Permanent Resident Visa application was submitted on January 20 and approved on January 29.
She acknowledged this “sounds reasonably quick” but in the circumstances, it felt like “a very long fight” and a “frustrating” process.
Taupō terminal cancer patient Ned Kelly with his niece, Kylie Cook. Photo / Supplied
“Numerous” issues came up, including technical difficulties submitting a photo and Kelly’s passport being inactive in the immigration system because he had not travelled for 25 years – holding up identification checks.
Cook acknowledged she missed some things, including checking a box that she could act on his behalf and downloading the wrong form.
She said two people had checked the application and did not notify her the wrong form had been uploaded.
While they understood the necessity to have criteria, Cook said she had hoped it would have been “pushed through” sooner.
“He shouldn’t spend his time worrying … whether a visa’s going to come through just so he’s got the option to go out on his own terms.
“It’s just an added layer of suffering, really, when he’s already going through so much.”
Application was ‘escalated and prioritised’
Immigration New Zealand operations director Dominic Forde said it acknowledged how difficult and stressful this situation would have been.
“We understand the frustration expressed by Mr Kelly’s family and recognise that navigating immigration processes can be especially difficult during serious illness, adding pressure at an already challenging time.”
He said all residence applications included standard identity and character checks to ensure the correct person was being granted immigration status.
The average processing time for permanent resident visa applications was about one week, with most completed within two.
Immigration NZ considered requests for urgent processing case‑by‑case where there were “compelling circumstances”, including serious medical conditions.
Forde said a request for urgent consideration was first raised on January 27 by Cook.
Following the provision of further information on January 28, the application was escalated and prioritised, all required checks were completed and a decision was made on January 29, Forde said.
“While this is a relatively short timeframe, we recognise that for someone in Mr Kelly’s circumstances, this can feel significant.
“We encourage all applicants and their representatives to engage with us as early as possible and ensure applications are complete and accurate to help minimise avoidable delays.”
Why is permanent residence or citizenship required?
A Ministry of Health spokesperson said it acknowledged Kelly’s death and recognised the uniqueness of his situation.
The choice to access assisted dying was “deeply personal” and meaningful, and it was essential that statutory decision-making processes for assessing and authorising that choice were done in a safe and careful manner.
Assisted dying had a “higher threshold” than other public health system services – a decision made by Parliament when the End of Life Choice Act was being considered.
“We understand that the intent of this provision was to prevent people from travelling to New Zealand from other jurisdictions with the intention of receiving assisted dying.”
Similar clauses featured in assisted dying legislation in Australia and Canada.
In the 12 months to March 31 last year, seven applicants were found ineligible for assisted dying because they were not a New Zealand citizen or permanent resident.
Megan Wilson is a health and general news reporter for the Bay of Plenty Times and the Rotorua Daily Post. She has been a journalist since 2021.