Key Takeaways
- Shelley O’Dwyer is advocating for a law change after her son Jacob Gunnell died in 2022 from an adverse reaction to LSD.
- The Drug Overdose (Assistance Protection) Legislation Bill would shield callers to 111 from prosecution for low‑level drug offences when seeking help for an overdose or serious drug reaction.
- The bill does not protect drug dealing, violent crime, or other serious offences; it aims to remove fear of legal repercussions as a barrier to calling emergency services.
- NZ Drug Foundation reports three preventable overdose deaths each week in Aotearoa and estimates the law could save 15‑23 lives annually, based on overseas Good Samaritan results.
- Shelley stresses the importance of a “buddy system” and urges anyone in doubt to call an ambulance immediately, saying the law could have saved Jacob’s life.
Mother’s Advocacy After Loss
Shelley O’Dwyer has turned her personal tragedy into a public campaign for legislative reform. Speaking on Breakfast, she explained that her motivation is two‑fold: to honour her son’s memory and to prevent other families from experiencing the same helplessness. She believes that if the proposed Drug Overdose (Assistance Protection) Legislation Bill had been law at the time of Jacob’s incident, emergency services might have been summoned sooner, potentially altering the outcome. Her advocacy is rooted in the conviction that timely medical intervention saves lives, and she is urging lawmakers to pass the bill swiftly.
Jacob’s Personality and Life
Those who knew Jacob describe him as a “confident, easy‑going, outgoing, happy and positive” individual. At 17 he worked as a local gym instructor, a role that reflected his passion for helping others improve their fitness. Friends recall him as kind, caring, and cheeky—someone who brought energy to any gathering and had a bright future ahead. Shelley emphasized that Jacob was self‑motivated and socially engaged, qualities that made his sudden loss all the more devastating for his family and community.
The Night of the Incident
On the evening of December 30 2022, Jacob celebrated New Year’s early with a friend by taking LSD. Shortly after ingestion he experienced a severe negative reaction. He fled his Auckland CBD apartment, running into the street and lying down amid traffic. His friend followed him outside, attempting to coax him back inside, but Jacob appeared “clearly not in a good way” and continued to run. Surveillance footage shows him jumping over a gate, scaling a fence, and ultimately leaping from Symonds Street Bridge onto an overpass, where he was later found by police the next night.
Police Findings and Family Shock
When officers arrived at the O’Dwyer residence, Shelley recalled feeling an instant disbelief: “I just knew, they didn’t have to say anything. But my brain was just telling me ‘this can’t be true.’” Identifying Jacob at the morgue felt like an out‑of‑body experience, a nightmare no parent should endure. The family has been living with relentless grief, replaying the “what ifs” that haunt them—Shelley wonders whether calling an ambulance immediately could have saved her son’s life.
Overview of the Proposed Legislation
The Drug Overdose (Assistance Protection) Legislation Bill, introduced by Green MP Kahurangi Carter, recently cleared its first reading in Parliament. Its core purpose is to eliminate a significant deterrent: the fear of prosecution for low‑level drug offences when someone seeks emergency help for an overdose or serious drug reaction. By granting legal immunity in such situations, the bill aims to encourage swift calls to 111, thereby increasing the chances of life‑saving medical intervention.
Scope of Protections and Limitations
Under the bill, a person who dials 111 because someone is overdosing or having a severe reaction to drugs would not be prosecuted for offences such as personal possession of drugs, having a pipe or other utensils, or sharing drugs socially within a small group of friends. Importantly, the immunity does not extend to drug dealing, violent offending, or any violations of the Crimes Act. The legislation preserves accountability for serious criminal behaviour while focusing on removing the legal barrier that prevents timely emergency assistance.
Expert Perspective from NZ Drug Foundation
Sarah Helm, Executive Director of the NZ Drug Foundation, underscored the urgency of the reform, noting that three people die each week from “entirely preventable overdose fatalities” in Aotearoa. She cited research indicating that 40 % of individuals would hesitate to call 111 if someone were having a bad reaction to drugs, primarily due to fear of legal trouble. Helm pointed to overseas jurisdictions where similar Good Samaritan laws have reduced opioid overdose deaths by 10‑15 %. Translating that benefit to New Zealand could mean saving an estimated 15‑23 lives annually. She expressed hope for broad cross‑party support and urged the public to submit feedback before the deadline.
Potential Impact and Statistics
If enacted, the legislation could markedly shift behaviour around drug emergencies. By assuring callers that they will not face charges for minor drug‑related offences, the bill seeks to reduce the critical delay that often proves fatal. The NZ Drug Foundation’s modelling suggests that even a modest increase in timely ambulance calls could prevent dozens of deaths each year. Beyond the numbers, the law aims to foster a culture where seeking help is viewed as a responsible act rather than a legal risk, aligning public health objectives with compassionate crisis response.
Call for Cross‑Party Support and Closing Remarks
Shelley O’Dwyer concluded her interview with a poignant reminder: “It’s really hard to live with ‘what ifs?’. What if she had called an ambulance? The sadness, the anger that I go through. But I have to let that anger go because it takes a lot of energy.” She framed Jacob’s legacy as a call for a buddy system—friends looking out for one another—and an unequivocal directive to call an ambulance at the first sign of danger. Her plea to lawmakers is simple: pass the Drug Overdose (Assistance Protection) Legislation Bill to turn grief into action, ensuring that no other family has to endure the anguish of a preventable loss.