79C3C34C52B45572883A05D425EB0F82
Health and DisabilityCommissioner Act 1994
http://legislation.govt.nz/act/public/1994/0088/latest/whole.html#DLM333584
http://leaux.net/URLS/ConvertAPI Text Files/21DBC791302306E6B8CEE2B2DB37D2B3.en.txt
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This file was generated: 2020-12-01 07:38:05
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / criminal
Searching for indicator criminal:
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p.(None):
p.(None): 61 Mediation conference
p.(None): (1) Where, in respect of any matter that is the subject of a complaint made to, or an investigation by, the
p.(None): Commissioner, the Commissioner is of the opinion that it would be appropriate to do so, the
p.(None): Commissioner may call a conference of the parties concerned in an endeavour to resolve the matter by
p.(None): agreement between those parties.
p.(None): (2) Any such conference may be called by a notice in writing signed by the Commissioner notifying the date,
p.(None): time, and place of the conference.
p.(None): (3) In addition to the parties or their representatives, the Commissioner may also invite to attend the
p.(None): conference any other person whose attendance would in the Commissioner’s opinion be likely to assist in
p.(None): resolving the matter by agreement between the parties.
p.(None): (4) There may be paid, out of the funds of the Commissioner,—
p.(None): (a) to each party or to the representatives of each party, to the number determined by the
p.(None): Commissioner as being necessary to enable that party to be adequately represented, attending any
p.(None): conference called under this section; and
p.(None): (b) to any person (other than the Commissioner) attending any conference pursuant to subsection (3),
p.(None): —
p.(None): fees, allowances, and expenses as if the parties or their representatives and those persons were
p.(None): witnesses in a court, and, for that purpose,—
p.(None): (c) the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply
p.(None): accordingly; and
p.(None): (d) the Commissioner shall have the powers of a court under any such regulations to fix or disallow, in
p.(None): whole or in part, or to increase, any amounts payable under the regulations.
p.(None): (5) No evidence shall be admissible in any court, or before any person acting judicially, of any information,
p.(None): statement, or admission disclosed or made to any person in the course of a conference called under this
p.(None): section.
p.(None): Compare: 1987 No 77 ss 249, 250(2)
p.(None): Section 61(1): amended, on 18 September 2004, by section 17 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 61(4)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None):
p.(None): 62 Evidence
p.(None): (1) The Commissioner may from time to time, by notice in writing, require any person who in the
p.(None): Commissioner’s opinion is able to give information relating to any matter under investigation by the
p.(None): Commissioner to furnish such information, and to produce such documents or things in the possession or
p.(None): under the control of that person, as in the opinion of the Commissioner are relevant to the subject matter
p.(None): of the investigation.
p.(None): (2) The Commissioner may summon before him or her and examine on oath any person who, in the
p.(None): Commissioner’s opinion is able to give information relating to the matter under investigation, and may, for
p.(None): that purpose, administer an oath to any person so summoned.
p.(None): (3) Every such examination by the Commissioner shall be deemed to be a judicial proceeding within the
p.(None): meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
p.(None): Compare: 1993 No 28 s 91
p.(None):
p.(None): 63 Protection and privileges of witnesses, etc
p.(None): (1) Except as provided in section 64(2), every person shall have the same privileges in relation to the giving
p.(None): of information to, the answering of questions put by, and the production of documents and things to the
p.(None): Commissioner or any employee of the Commissioner, as witnesses have in any court.
p.(None): (2) No person shall be required to supply any information to or to answer any question put by the
p.(None): Commissioner or any employee of the Commissioner in relation to any matter, or to produce to the
p.(None): Commissioner or any employee of the Commissioner any document or thing relating to any matter, in any
p.(None): case where compliance with that requirement would be in breach of an obligation of secrecy or non-
p.(None): disclosure imposed on that person by the provisions of any Act or regulations, other than the Official
p.(None): Information Act 1982 or the State Sector Act 1988 .
p.(None): (3) No person shall be liable to prosecution for an offence against any enactment, other than section 73, by
p.(None): reason of that person’s compliance with any requirement of the Commissioner or any employee of the
p.(None): Commissioner under section 62.
p.(None): (4) Where the attendance of any person is required by the Commissioner under section 62, the person shall
p.(None): be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for
p.(None): the purpose,—
p.(None): (a) the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply
p.(None): accordingly; and
p.(None): (b) the Commissioner shall have the powers of a court under any such regulations to fix or disallow, in
p.(None): whole or in part, or to increase, any amounts payable under the regulations.
p.(None): Compare: 1993 No 82 s 128
p.(None): Section 63(4)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None):
p.(None): 64 Disclosure of certain matters not to be required
p.(None): (1) Where—
p.(None): (a) the Prime Minister certifies that the giving of any information or the production of any document or
p.(None): thing might prejudice—
p.(None): (i) the security or defence of New Zealand, or the international relations of the Government of
p.(None): New Zealand; or
p.(None): (ii) any interest protected by section 7 of the Official Information Act 1982 (which relates to the
p.(None): Cook Islands, Niue, Tokelau, and the Ross Dependency); or
p.(None): (b) the Attorney-General certifies that the giving of any information or the production of any document or
p.(None): thing—
p.(None): (i) might prejudice the prevention, investigation, or detection of offences; or
p.(None): (ii) might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating
p.(None): to matters of a secret or confidential nature, and such disclosure would be injurious to the
p.(None): public interest,—
p.(None): neither the Commissioner nor any employee of the Commissioner shall require the information to be
p.(None): given, or, as the case may be, the document or thing to be produced.
p.(None): (2) Except as provided in subsection (1), the rule of law which authorises or requires the withholding of any
p.(None): document, or the refusal to answer any question, on the ground that the disclosure of the document or the
p.(None): answering of the question would be injurious to the public interest, shall not apply in respect of any
p.(None): investigation by or proceedings before the Commissioner.
p.(None): Compare: 1993 No 82 s 129
p.(None):
p.(None): 65 Proceedings privileged
p.(None): (1) Sections 120 to 126 and section 135 of the Crown Entities Act 2004 apply to an advocate, with any
...
p.(None): been done or omitted by an employee of that employing authority, it shall be a defence for that employing
p.(None): authority to prove that he or she or it took such steps as were reasonably practicable to prevent the
p.(None): employee from doing or omitting to do that thing, or from doing or omitting to do as an employee of the
p.(None): employing authority things of that description.
p.(None): Compare: 1993 No 82 s 68
p.(None):
p.(None): Offences
p.(None): 73 Offences
p.(None): Every person commits an offence against this Act and is liable on conviction to a fine not exceeding
p.(None): $3,000 who,—
p.(None): (a) without reasonable excuse, obstructs, hinders, or resists the Commissioner or any other person in
p.(None): the exercise of their powers under this Act:
p.(None): (b) without reasonable excuse, refuses or fails to comply with any lawful requirement of the
p.(None): Commissioner or any other person under this Act:
p.(None): (c) makes any statement or gives any information to the Commissioner or any other person exercising
p.(None): powers under this Act, knowing that the statement or information is false or misleading:
p.(None): (d) represents directly or indirectly that he or she holds any authority under this Act when he or she
p.(None): does not hold that authority.
p.(None): Compare: 1975 No 9 s 30
p.(None): Section 73: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None): Regulations
p.(None):
p.(None): 74 Regulations
p.(None): (1) The Governor-General may from time to time, by Order in Council, make regulations prescribing a Code
p.(None): of Health and Disability Services Consumers’ Rights.
p.(None): (2) In addition to the power conferred by subsection (1), the Governor-General may from time to time, by
p.(None): Order in Council, make regulations for all or any of the following purposes:
p.(None): (a) prescribing the procedure for the service of notices and other documents under this Act:
p.(None): (b) providing for such matters as are contemplated by or necessary for giving effect to this Act and for
p.(None): its due administration.
p.(None):
p.(None): 75 Where regulations made against or without advice of Commissioner
p.(None): (1) This section applies where any regulations are made under section 74(1)—
p.(None): (a) as a result of any draft Code, or any draft amendments to a Code, forwarded to the Minister by the
p.(None): Commissioner, where the regulations differ in any material respect (other than in matters of drafting
p.(None): style) from the draft so forwarded; or
p.(None): (b) other than in accordance with, or in the absence of, a recommendation of the Commissioner.
p.(None): (2) Where this section applies, the Minister shall, within 12 sitting days of the making of the regulations, lay
p.(None): before the House of Representatives a statement setting out the following matters:
p.(None): (a) where paragraph (a) of subsection (1) applies,—
p.(None): (i) the respects in which the regulations differ in a material respect (other than in matters of
p.(None): drafting style) from the draft forwarded by the Commissioner; and
p.(None): (ii) the reasons for the differences:
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p.(None): to that Act as at the date of the last amendment to it.
p.(None): 2 Legal status
p.(None): Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal
p.(None): enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides
p.(None): that this reprint, published in electronic form, has the status of an official version under section 17 of that
p.(None): Act. A printed version of the reprint produced directly from this official electronic version also has official
p.(None): status.
p.(None): 3 Editorial and format changes
p.(None): Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the
p.(None): Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/ .
p.(None): 4 Amendments incorporated in this reprint
p.(None): Abortion Legislation Act 2020 (2020 No 6): Part 2 subpart 3
p.(None): Social Workers Registration Legislation Act 2019 (2019 No 3): section 148
p.(None): Intelligence and Security Act 2017 (2017 No 10): section 335
p.(None): Contract and Commercial Law Act 2017 (2017 No 5): section 347
p.(None): Substance Addiction (Compulsory Assessment and Treatment) Act 2017 (2017 No 4): section 122(1)
p.(None): District Court Act 2016 (2016 No 49): section 261
p.(None): Health and Disability Commissioner Amendment Act 2013 (2013 No 120)
p.(None): Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.(None): Mental Health Commission Amendment Act 2012 (2012 No 42): section 5
p.(None): Criminal Procedure Act 2011 (2011 No 81): section 413
p.(None): Accident Compensation Amendment Act 2010 (2010 No 1): section 5(1)(b)
p.(None): Human Tissue Act 2008 (2008 No 28): section 90
p.(None): Health and Disability Commissioner Amendment Act 2007 (2007 No 62)
p.(None): Relationships (Statutory References) Act 2005 (2005 No 3): section 7
p.(None): Crown Entities Act 2004 (2004 No 115): section 200
p.(None): Children’s Commissioner Act 2003 (2003 No 121): section 37
p.(None): Health and Disability Commissioner Amendment Act 2003 (2003 No 49)
p.(None): Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
p.(None): Public Trust Act 2001 (2001 No 100): sections 152(1), 170(1)
p.(None): Human Rights Amendment Act 2001 (2001 No 96): section 71(1)
p.(None): Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(1)
p.(None): Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49): section 337(1)
p.(None): New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1)
p.(None): Children’s Health Camps Board Dissolution Act 1999 (1999 No 141): section 8
p.(None): Medical Practitioners Act 1995 (1995 No 95): section 143(1)
p.(None): Health and Disability Commissioner Act Commencement Order 1996 (SR 1996/79)
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Home Advanced search Browse About this site Contact us News
...
Political / political affiliation
Searching for indicator party:
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p.(None): the steps (if any) that the person proposes to take to give effect to that recommendation.
p.(None): (2) If, within a reasonable time after a recommendation is made, no action is taken which seems to the
p.(None): Commissioner to be adequate and appropriate, the Commissioner—
p.(None): (a) shall, after considering the comments (if any) of the person concerned, inform the complainant (if
p.(None): any) of the Commissioner’s recommendations and may make such comments on the matter as the
p.(None): Commissioner thinks fit; and
p.(None): (b) may, where the Commissioner considers it appropriate, transmit to the Minister such report on the
p.(None): matter as the Commissioner thinks fit.
p.(None): Compare: 1975 No 9 ss 22(3), 24
p.(None): Section 46(1): amended, on 18 September 2004, by section 10 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 47 Director of Proceedings’ right to participate in disciplinary and other proceedings
p.(None): (1) The Director of Proceedings may, after referral from the Commissioner under section 45(2)(f),—
p.(None): (a) provide assistance (whether financial or otherwise) to any complainant in any proceedings before
p.(None): any authority or tribunal:
p.(None): (b) provide representation (either in person or by counsel)—
p.(None): (i) for any complainant in any proceedings before an authority or a tribunal, in any case where the
p.(None): complainant, or any person acting on the complainant’s behalf, is permitted, by or under the
p.(None): rules of procedure governing those proceedings, to appear and be heard in those
p.(None): proceedings:
p.(None): (ii) for any party in any proceedings in any court in relation to any proceedings that are or have
p.(None): been before an authority or a tribunal:
p.(None): (iii) for any party in any proceedings before any court, tribunal, authority, Royal Commission,
p.(None): commission of inquiry, board of inquiry, court of inquiry, or committee of inquiry, in any case
p.(None): where those proceedings in any way relate to or arise from any matter that was or is the
p.(None): subject matter of any investigation by the Commissioner under this Part:
p.(None): (c) appear and be heard, either in person or by counsel, in any proceedings of a kind described in
p.(None): subparagraph (ii) or subparagraph (iii) of paragraph (b), whether or not the Director of Proceedings
p.(None): is a party to those proceedings:
p.(None): (d) in the Director of Proceedings’ own right, take such proceedings as the Director of Proceedings
p.(None): thinks fit before any court or other tribunal in respect of any matter that in any way relates to or
p.(None): arises from any matter that was or is the subject matter of any investigation by the Commissioner
p.(None): under this Part.
p.(None): (2) Where, pursuant to subsection (1)(c), the Director of Proceedings appears in any proceedings, the
p.(None): Director of Proceedings shall, unless those proceedings are by way of appeal, have the right—
p.(None): (a) to call evidence on any matter (including evidence in rebuttal) that should be taken into account in
p.(None): the proceedings:
p.(None): (b) to examine, cross-examine, and re-examine witnesses,—
p.(None): but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or
p.(None): evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of
p.(None): witnesses.
p.(None): (3) Where, pursuant to subsection (1)(c), the Director of Proceedings appears in any proceedings to which
p.(None): the Director of Proceedings is not a party, the court, tribunal, or other body before which those
p.(None): proceedings are conducted, where it has power to award costs to or against parties to the proceedings,
p.(None): may make such order as it thinks just—
p.(None): (a) as to the payment by any party to the proceedings of the costs incurred by the Director of
p.(None): Proceedings in so doing; or
p.(None): (b) as to the payment by the Director of Proceedings of any costs incurred by any party to the
p.(None): proceedings by reason of the appearance of the Director of Proceedings.
p.(None): (4) Where any costs are so awarded to the Director of Proceedings, the Commissioner may recover them in
p.(None): the same manner as parties to the proceedings may recover costs awarded to them.
p.(None): (5) Costs ordered to be paid by the Director of Proceedings shall be paid by the Commissioner.
p.(None): (6) Nothing in subsection (3) limits or affects any power of a court, tribunal, or other body to award costs in
p.(None): any proceedings to which the Director of Proceedings is a party.
p.(None): Section 47(1): amended, on 5 December 2013, by section 6 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None): Section 47(1)(a): amended, on 18 September 2004, by section 11(a) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 47(1)(b)(i): amended, on 18 September 2004, by section 11(b) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 47(1)(b)(ii): amended, on 18 September 2004, by section 11(b) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None):
p.(None): 48 Commissioner to report certain matters to appropriate authority
p.(None): [Repealed]
p.(None): Section 48: repealed, on 18 September 2004, by section 12 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 49 Functions of Director of Proceedings
p.(None): (1) The functions of the Director of Proceedings under this Part are—
p.(None): (a) to decide, on referral from the Commissioner pursuant to section 45(2)(f),—
p.(None): (i) whether to institute proceedings under section 50, or disciplinary proceedings, or both, against
p.(None): a person against whom a complaint has been made under this Part or in respect of whom an
p.(None): investigation has been conducted under this Part; and
p.(None): (ii) whether to take any of the actions contemplated by section 47; and
...
p.(None): No 49).
p.(None): Section 49(3): repealed, on 18 September 2004, by section 13(2) of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Proceedings before Human Rights Review Tribunal
p.(None): Heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None): 50 Proceedings before Human Rights Review Tribunal
p.(None): (1) This section applies to any health care provider or disability services provider in respect of whom or of
p.(None): which an investigation has been conducted under this Part in relation to any action alleged to be in breach
p.(None): of the Code.
p.(None): (2) Subject to sections 44(1) and 53, civil proceedings before the Human Rights Review Tribunal shall lie at
p.(None): the suit of the Director of Proceedings against any person to whom this section applies for a breach, by
p.(None): that person, of the Code.
p.(None): (3) The Director of Proceedings may, under subsection (2), bring proceedings on behalf of a class of persons,
p.(None): and may seek on behalf of persons who belong to the class any of the remedies described in section 54,
p.(None): where the Director of Proceedings considers that a person to whom this section applies is carrying on a
p.(None): practice which affects that class and which is in breach of the Code.
p.(None): (4) Where proceedings are commenced by the Director of Proceedings under subsection (2), neither the
p.(None): complainant (if any) nor the aggrieved person (if not the complainant) shall be an original party to, or,
p.(None): unless the Tribunal otherwise orders, join or be joined in, any such proceedings.
p.(None): Compare: 1993 No 82 s 83(1)–(3)
p.(None): Section 50 heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 50(2): amended, on 18 September 2004, by section 14 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 50(2): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None): 51 Aggrieved person may bring proceedings before Tribunal
p.(None): Notwithstanding section 50(2) but subject to section 53, the aggrieved person (whether personally or by
p.(None): any person authorised to act on his or her behalf) may bring proceedings before the Tribunal against a
p.(None): person to whom section 50 applies if he or she wishes to do so, and—
p.(None): (a) the Commissioner, having found a breach of the Code on the part of the person to whom that
p.(None): section applies, has not referred the person to the Director of Proceedings under section 45(2)(f); or
p.(None): (b) the Director of Proceedings declines or fails to take proceedings.
p.(None): Compare: 1993 No 82 s 83(4)
p.(None): Section 51(a): substituted, on 18 September 2004, by section 15 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 51(b): substituted, on 18 September 2004, by section 15 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 52 Remedies that may be sought
p.(None): (1) Subject to subsection (2), in any proceedings before the Tribunal brought by the Director of Proceedings
...
p.(None):
p.(None): 53 Limitation on right to bring proceedings
p.(None): Nothing in section 50 or section 51 authorises or permits the Director of Proceedings or any aggrieved
p.(None): person to bring proceedings before the Tribunal in respect of any action that is alleged to be in breach of
p.(None): the Code in any case where the matter has been resolved under this Act by agreement between the
p.(None): parties concerned, unless a term of that agreement has not been complied with.
p.(None):
p.(None): 54 Powers of Human Rights Review Tribunal
p.(None): (1) If, in any proceedings under section 50 or section 51, the Tribunal is satisfied on the balance of
p.(None): probabilities that any action of the defendant is in breach of the Code, it may grant 1 or more of the
p.(None): following remedies:
p.(None): (a) a declaration that the action of the defendant is in breach of the Code:
p.(None): (b) an order restraining the defendant from continuing or repeating the breach, or from engaging in, or
p.(None): causing or permitting others to engage in, conduct of the same kind as that constituting the breach,
p.(None): or conduct of any similar kind specified in the order:
p.(None): (c) damages in accordance with section 57:
p.(None): (d) an order that the defendant perform any acts specified in the order with a view to redressing any
p.(None): loss or damage suffered by the aggrieved person as a result of the breach:
p.(None): (e) such other relief as the Tribunal thinks fit.
p.(None): (2) In any proceedings under section 50 or section 51, the Tribunal may award such costs against the
p.(None): defendant as it thinks fit, whether or not it makes any other order, or may award costs against the plaintiff,
p.(None): or may decline to award costs against either party.
p.(None): (3) Where the Director of Proceedings is the plaintiff, any costs awarded against him or her shall be paid by
p.(None): the Commissioner, and the Commissioner shall not be entitled to be indemnified by the complainant or, as
p.(None): the case may be, the aggrieved person.
p.(None): (4) It shall not be a defence to proceedings under section 50 or section 51 that the breach was unintentional
p.(None): or without negligence on the part of the defendant or any officer or employee or member of the defendant,
p.(None): but the Tribunal shall take the conduct of the defendant or, as the case may require, of any officer or
p.(None): employee or member of the defendant into account in deciding what, if any, remedy to grant.
p.(None): (5) In any proceedings under section 50 or section 51 in respect of any action of a health practitioner, the
p.(None): Tribunal shall, where that action has been the subject of disciplinary proceedings, have regard to the
p.(None): findings of the body before which those disciplinary proceedings were heard and to any penalty imposed
p.(None): on that health practitioner in those proceedings.
p.(None): Compare: 1993 No 82 ss 86(2), (3), 87
p.(None): Section 54 heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 54(5): amended, on 18 September 2004, by section 16 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 55 Right of Director of Proceedings to appear in proceedings
p.(None): (1) The Director of Proceedings may appear and be heard, in person or by counsel,—
p.(None): (a) in any proceedings under this Act before the Human Rights Review Tribunal; and
p.(None): (b) in any proceedings in—
p.(None): (i) the District Court; or
p.(None): (ii) the High Court; or
p.(None): (iii) the Court of Appeal,—
p.(None): in relation to any proceedings that are or have been before the Tribunal under this Act,—
p.(None): whether or not the Director of Proceedings is or was a party to the proceedings before the Tribunal.
p.(None): (2) Where, pursuant to subsection (1), the Director of Proceedings appears in any proceedings of a kind
p.(None): described in that subsection, he or she shall, unless those proceedings are by way of appeal, have the
p.(None): right—
p.(None): (a) to call evidence on any matter (including evidence in rebuttal) that should be taken into account in
p.(None): the proceedings:
p.(None): (b) to examine, cross-examine, and re-examine witnesses,—
p.(None): but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or
p.(None): evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of
p.(None): witnesses.
p.(None): (3) Where, pursuant to subsection (1), the Director of Proceedings, not being a party to any proceedings
p.(None): before the Tribunal, appears in those proceedings or in any proceedings in any court in relation to those
p.(None): proceedings, the Tribunal or the court, as the case may be, may make such order as it thinks fit—
p.(None): (a) as to the payment by any party to the proceedings before the Tribunal or the court of the costs
p.(None): incurred by the Director of Proceedings in so doing; or
p.(None): (b) as to the payment by the Director of Proceedings of any costs incurred by any of the parties to the
p.(None): proceedings before the Tribunal or the court by reason of the appearance of the Director of
p.(None): Proceedings.
p.(None): (4) Costs ordered to be paid by the Director of Proceedings shall be paid by the Commissioner.
p.(None): (5) Nothing in this section limits or affects—
p.(None): (a) section 54(2); or
p.(None): (b) any power of a court to award costs in any proceedings to which the Director of Proceedings is a
p.(None): party.
p.(None): Compare: 1993 No 82 s 84
p.(None): Section 55(1)(a): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 55(1)(b)(i): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.(None):
p.(None): 56 Proof of exceptions
p.(None): Where, by any provision of the Code, conduct is excepted from conduct that is in breach of the Code, the
p.(None): onus of proving the exception in any proceedings under this Part lies upon the defendant.
p.(None): Compare: 1993 No 82 s 85
p.(None):
p.(None): 57 Damages
p.(None): (1) Subject to section 52(2), in any proceedings under section 50 or section 51, the Tribunal may award
p.(None): damages against the defendant for a breach of any of the provisions of the Code in respect of any 1 or
p.(None): more of the following:
p.(None): (a) pecuniary loss suffered as a result of, and expenses reasonably incurred by the aggrieved person
p.(None): for the purpose of, the transaction or activity out of which the breach arose:
p.(None): (b) loss of any benefit, whether or not of a monetary kind, which the aggrieved person might reasonably
p.(None): have been expected to obtain but for the breach:
p.(None): (c) humiliation, loss of dignity, and injury to the feelings of the aggrieved person:
p.(None): (d) any action of the defendant that was in flagrant disregard of the rights of the aggrieved person.
p.(None): (2) Subject to subsections (3) to (5), the Commissioner shall pay damages recovered by the Director of
p.(None): Proceedings under this section to the aggrieved person on whose behalf the proceedings were brought.
...
p.(None): (5) Subject to the provisions of this Act, the Commissioner and every advocate may regulate his or her
p.(None): procedure in such manner as he or she thinks fit.
p.(None): Compare: 1993 No 28 s 90
p.(None):
p.(None): 60 Duty to forward complaints
p.(None): Notwithstanding any provision in any enactment, where any letter appearing to be written by or on behalf
p.(None): of any health consumer in any health care institution is addressed to the Commissioner or to an advocate,
p.(None): the person for the time being in charge of that institution shall immediately forward the letter, unopened, to
p.(None): the Commissioner or, as the case may require, that advocate.
p.(None): Compare: 1975 No 9 s 16
p.(None):
p.(None): 61 Mediation conference
p.(None): (1) Where, in respect of any matter that is the subject of a complaint made to, or an investigation by, the
p.(None): Commissioner, the Commissioner is of the opinion that it would be appropriate to do so, the
p.(None): Commissioner may call a conference of the parties concerned in an endeavour to resolve the matter by
p.(None): agreement between those parties.
p.(None): (2) Any such conference may be called by a notice in writing signed by the Commissioner notifying the date,
p.(None): time, and place of the conference.
p.(None): (3) In addition to the parties or their representatives, the Commissioner may also invite to attend the
p.(None): conference any other person whose attendance would in the Commissioner’s opinion be likely to assist in
p.(None): resolving the matter by agreement between the parties.
p.(None): (4) There may be paid, out of the funds of the Commissioner,—
p.(None): (a) to each party or to the representatives of each party, to the number determined by the
p.(None): Commissioner as being necessary to enable that party to be adequately represented, attending any
p.(None): conference called under this section; and
p.(None): (b) to any person (other than the Commissioner) attending any conference pursuant to subsection (3),
p.(None): —
p.(None): fees, allowances, and expenses as if the parties or their representatives and those persons were
p.(None): witnesses in a court, and, for that purpose,—
p.(None): (c) the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply
p.(None): accordingly; and
p.(None): (d) the Commissioner shall have the powers of a court under any such regulations to fix or disallow, in
p.(None): whole or in part, or to increase, any amounts payable under the regulations.
p.(None): (5) No evidence shall be admissible in any court, or before any person acting judicially, of any information,
p.(None): statement, or admission disclosed or made to any person in the course of a conference called under this
p.(None): section.
p.(None): Compare: 1987 No 77 ss 249, 250(2)
p.(None): Section 61(1): amended, on 18 September 2004, by section 17 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 61(4)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None):
p.(None): 62 Evidence
p.(None): (1) The Commissioner may from time to time, by notice in writing, require any person who in the
p.(None): Commissioner’s opinion is able to give information relating to any matter under investigation by the
p.(None): Commissioner to furnish such information, and to produce such documents or things in the possession or
...
Health / Drug Dependence
Searching for indicator dependency:
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p.(None): disclosure imposed on that person by the provisions of any Act or regulations, other than the Official
p.(None): Information Act 1982 or the State Sector Act 1988 .
p.(None): (3) No person shall be liable to prosecution for an offence against any enactment, other than section 73, by
p.(None): reason of that person’s compliance with any requirement of the Commissioner or any employee of the
p.(None): Commissioner under section 62.
p.(None): (4) Where the attendance of any person is required by the Commissioner under section 62, the person shall
p.(None): be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for
p.(None): the purpose,—
p.(None): (a) the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply
p.(None): accordingly; and
p.(None): (b) the Commissioner shall have the powers of a court under any such regulations to fix or disallow, in
p.(None): whole or in part, or to increase, any amounts payable under the regulations.
p.(None): Compare: 1993 No 82 s 128
p.(None): Section 63(4)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None):
p.(None): 64 Disclosure of certain matters not to be required
p.(None): (1) Where—
p.(None): (a) the Prime Minister certifies that the giving of any information or the production of any document or
p.(None): thing might prejudice—
p.(None): (i) the security or defence of New Zealand, or the international relations of the Government of
p.(None): New Zealand; or
p.(None): (ii) any interest protected by section 7 of the Official Information Act 1982 (which relates to the
p.(None): Cook Islands, Niue, Tokelau, and the Ross Dependency); or
p.(None): (b) the Attorney-General certifies that the giving of any information or the production of any document or
p.(None): thing—
p.(None): (i) might prejudice the prevention, investigation, or detection of offences; or
p.(None): (ii) might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating
p.(None): to matters of a secret or confidential nature, and such disclosure would be injurious to the
p.(None): public interest,—
p.(None): neither the Commissioner nor any employee of the Commissioner shall require the information to be
p.(None): given, or, as the case may be, the document or thing to be produced.
p.(None): (2) Except as provided in subsection (1), the rule of law which authorises or requires the withholding of any
p.(None): document, or the refusal to answer any question, on the ground that the disclosure of the document or the
p.(None): answering of the question would be injurious to the public interest, shall not apply in respect of any
p.(None): investigation by or proceedings before the Commissioner.
p.(None): Compare: 1993 No 82 s 129
p.(None):
p.(None): 65 Proceedings privileged
p.(None): (1) Sections 120 to 126 and section 135 of the Crown Entities Act 2004 apply to an advocate, with any
p.(None): necessary modifications, as if the advocate were an office holder.
p.(None): (2) Subject to subsection (3),—
p.(None): (a) [Repealed]
p.(None): (b) none of the Commissioner, an office holder, or employee of the Commissioner, nor any advocate is
p.(None): required to give evidence in any court, or in any proceedings of a judicial nature, in respect of
p.(None): anything coming to his or her knowledge in the exercise of his or her functions.
p.(None): (3) Nothing in subsection (2) applies in respect of proceedings for—
p.(None): (a) an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
...
Health / Drug Usage
Searching for indicator substance:
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p.(None): promotion of the independence of such people
p.(None): disability services consumer means any person with a disability that—
p.(None): (a) reduces that person’s ability to function independently; and
p.(None): (b) means that the person is likely to need support for an indefinite period
p.(None): disability services provider means any person who provides, or holds himself or herself or itself out as
p.(None): providing, disability services
p.(None): disciplinary proceedings means proceedings of a disciplinary nature taken under any former health
p.(None): registration enactment or the Health Practitioners Competence Assurance Act 2003
p.(None): document has the meaning given to it by section 2(1) of the Official Information Act 1982
p.(None): former health registration enactment means any of the former enactments specified in Schedule 1
p.(None): health means human health
p.(None): health care institution means—
p.(None): (a) premises used to provide health care services within the meaning of the Health and Disability
p.(None): Services (Safety) Act 2001, in compliance with that Act; or
p.(None): (b) a children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for
p.(None): Child and Family Health and Development; or
p.(None): (c) a treatment centre within the meaning of the Substance Addiction (Compulsory Assessment and
p.(None): Treatment) Act 2017
p.(None): health care procedure means any health treatment, health examination, health teaching, or health
p.(None): research administered to or carried out on or in respect of any person by any health care provider; and
p.(None): includes any provision of health services to any person by any health care provider
p.(None): health care provider has the meaning given to it by section 3
p.(None): health consumer includes any person on or in respect of whom any health care procedure is carried out
p.(None): health practitioner—
p.(None): (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.(None): 2003; and
p.(None): (b) includes—
p.(None): (i) a former health practitioner within the meaning of that section; and
p.(None): (ii) a person who was conditionally or unconditionally registered, or has held a certificate of
p.(None): registration, under a former health registration enactment; and
p.(None): (iii) a person who is receiving training or gaining experience under the supervision of a health
p.(None): practitioner; and
p.(None): (iv) a social worker within the meaning of the Social Workers Registration Act 2003
p.(None): health services—
p.(None): (a) means—
p.(None): (i) services to promote health:
p.(None): (ii) services to protect health:
p.(None): (iii) services to prevent disease or ill health:
p.(None): (iv) treatment services:
p.(None): (v) nursing services:
p.(None): (vi) rehabilitative services:
p.(None): (vii) diagnostic services; and
p.(None): (b) includes—
p.(None): (i) psychotherapy and counselling services:
p.(None): (ii) reproductive health services, including—
p.(None): (A) contraception services and advice:
p.(None): (B) fertility services:
...
p.(None): Section 2(1) authority: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 2(1) authority: amended, on 1 October 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003
p.(None): (2003 No 48).
p.(None): Section 2(1) Commissioner: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 2(1) Complaints Review Tribunal or Tribunal: repealed, on 1 January 2002, by section 71(1) of the Human Rights Amendment
p.(None): Act 2001 (2001 No 96).
p.(None): Section 2(1) Deputy Commissioner: amended, on 18 September 2004, by section 3(1) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) disciplinary proceedings: amended, on 18 September 2004, by section 3(2) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) former health registration enactment: inserted, on 18 September 2004, by section 3(4) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) health care institution: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act
p.(None): 2001 (2001 No 93).
p.(None): Section 2(1) health care institution paragraph (c): replaced, on 21 February 2018, by section 122(1) of the Substance Addiction
p.(None): (Compulsory Assessment and Treatment) Act 2017 (2017 No 4).
p.(None): Section 2(1) health practitioner: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment
p.(None): Act 2003 (2003 No 49).
p.(None): Section 2(1) health practitioner paragraph (b): replaced, on 28 February 2019, by section 148(2) of the Social Workers Registration
p.(None): Legislation Act 2019 (2019 No 3).
p.(None): Section 2(1) health professional body: repealed, on 18 September 2004, by section 3(3) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) health registration enactment: repealed, on 18 September 2004, by section 3(3) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) health services paragraph (b)(ii): replaced, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health services paragraph (b)(iii): repealed, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health services paragraph (b)(iv): repealed, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health treatment: inserted, on 1 November 2008, by section 90(2) of the Human Tissue Act 2008 (2008 No 28).
p.(None): Section 2(1) Human Rights Review Tribunal or Tribunal: inserted, on 1 January 2002, by section 71(1) of the Human Rights
p.(None): Amendment Act 2001 (2001 No 96).
p.(None): Section 2(1) purchaser: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000
p.(None): No 91).
p.(None): Section 2(1) registered health professional: repealed, on 18 September 2004, by section 3(3) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(2): added, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None):
p.(None): 3 Definition of health care provider
p.(None): In this Act, unless the context otherwise requires, the term health care provider means—
p.(None): (a) a person for the time being in charge of providing health care services within the meaning of the
p.(None): Health and Disability Services (Safety) Act 2001, in compliance with that Act:
p.(None): (b) a controlling authority of a hospital within the meaning of the Mental Health (Compulsory
p.(None): Assessment and Treatment) Act 1992:
p.(None): (c) [Repealed]
p.(None): (d) [Repealed]
p.(None): (e) Children’s Health Camps—The New Zealand Foundation for Child and Family Health and
p.(None): Development:
p.(None): (f) [Repealed]
p.(None): (g) a manager of a treatment centre within the meaning of the Substance Addiction (Compulsory
p.(None): Assessment and Treatment) Act 2017:
p.(None): (h) any health practitioner:
p.(None): (i) any person who provides ambulance services to the public:
p.(None): (j) any person employed by the School Dental Service to carry on the practice of dentistry:
p.(None): (k) any other person who provides, or holds himself or herself or itself out as providing, health services
p.(None): to the public or to any section of the public, whether or not any charge is made for those services.
p.(None): Section 3(a): substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(c): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(d): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(e): substituted, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(f): repealed, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(g): replaced, on 21 February 2018, by section 122(1) of the Substance Addiction (Compulsory Assessment and Treatment) Act
p.(None): 2017 (2017 No 4).
p.(None): Section 3(h): substituted, on 18 September 2004, by section 4 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 4 Definition of registered health professional
p.(None): [Repealed]
p.(None): Section 4: repealed, on 18 September 2004, by section 5 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 5 Act to bind the Crown
p.(None): This Act binds the Crown.
p.(None):
p.(None): 6 Purpose
p.(None): The purpose of this Act is to promote and protect the rights of health consumers and disability services
p.(None): consumers, and, to that end, to facilitate the fair, simple, speedy, and efficient resolution of complaints
p.(None): relating to infringements of those rights.
p.(None):
p.(None): 7 Strategies and objectives to be taken into account
p.(None): In exercising or performing any power or function under this Act, every person must—
p.(None): (a) take into account the New Zealand health strategy and the New Zealand disability strategy issued
p.(None): under section 8 of the New Zealand Public Health and Disability Act 2000, so far as those strategies
p.(None): are applicable to the circumstances of the particular case; and
p.(None): (b) take into account the objectives for district health boards set out in section 22(1) of the New Zealand
...
p.(None): Schedule 2 clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 12 Seal
p.(None): [Repealed]
p.(None): Schedule 2 clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 13 Exemption from income tax
p.(None): The income of the Commissioner shall be exempt from income tax.
p.(None):
p.(None): Reprints notes
p.(None): 1 General
p.(None): This is a reprint of the Health and Disability Commissioner Act 1994 that incorporates all the amendments
p.(None): to that Act as at the date of the last amendment to it.
p.(None): 2 Legal status
p.(None): Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal
p.(None): enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides
p.(None): that this reprint, published in electronic form, has the status of an official version under section 17 of that
p.(None): Act. A printed version of the reprint produced directly from this official electronic version also has official
p.(None): status.
p.(None): 3 Editorial and format changes
p.(None): Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the
p.(None): Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/ .
p.(None): 4 Amendments incorporated in this reprint
p.(None): Abortion Legislation Act 2020 (2020 No 6): Part 2 subpart 3
p.(None): Social Workers Registration Legislation Act 2019 (2019 No 3): section 148
p.(None): Intelligence and Security Act 2017 (2017 No 10): section 335
p.(None): Contract and Commercial Law Act 2017 (2017 No 5): section 347
p.(None): Substance Addiction (Compulsory Assessment and Treatment) Act 2017 (2017 No 4): section 122(1)
p.(None): District Court Act 2016 (2016 No 49): section 261
p.(None): Health and Disability Commissioner Amendment Act 2013 (2013 No 120)
p.(None): Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.(None): Mental Health Commission Amendment Act 2012 (2012 No 42): section 5
p.(None): Criminal Procedure Act 2011 (2011 No 81): section 413
p.(None): Accident Compensation Amendment Act 2010 (2010 No 1): section 5(1)(b)
p.(None): Human Tissue Act 2008 (2008 No 28): section 90
p.(None): Health and Disability Commissioner Amendment Act 2007 (2007 No 62)
p.(None): Relationships (Statutory References) Act 2005 (2005 No 3): section 7
p.(None): Crown Entities Act 2004 (2004 No 115): section 200
p.(None): Children’s Commissioner Act 2003 (2003 No 121): section 37
p.(None): Health and Disability Commissioner Amendment Act 2003 (2003 No 49)
p.(None): Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
p.(None): Public Trust Act 2001 (2001 No 100): sections 152(1), 170(1)
p.(None): Human Rights Amendment Act 2001 (2001 No 96): section 71(1)
p.(None): Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(1)
p.(None): Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49): section 337(1)
p.(None): New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1)
...
Health / Mentally Disabled
Searching for indicator mentally:
(return to top)
p.(None): onus of proving the exception in any proceedings under this Part lies upon the defendant.
p.(None): Compare: 1993 No 82 s 85
p.(None):
p.(None): 57 Damages
p.(None): (1) Subject to section 52(2), in any proceedings under section 50 or section 51, the Tribunal may award
p.(None): damages against the defendant for a breach of any of the provisions of the Code in respect of any 1 or
p.(None): more of the following:
p.(None): (a) pecuniary loss suffered as a result of, and expenses reasonably incurred by the aggrieved person
p.(None): for the purpose of, the transaction or activity out of which the breach arose:
p.(None): (b) loss of any benefit, whether or not of a monetary kind, which the aggrieved person might reasonably
p.(None): have been expected to obtain but for the breach:
p.(None): (c) humiliation, loss of dignity, and injury to the feelings of the aggrieved person:
p.(None): (d) any action of the defendant that was in flagrant disregard of the rights of the aggrieved person.
p.(None): (2) Subject to subsections (3) to (5), the Commissioner shall pay damages recovered by the Director of
p.(None): Proceedings under this section to the aggrieved person on whose behalf the proceedings were brought.
p.(None): (3) If the aggrieved person is a minor who is not married or in a civil union , the Commissioner may, in his or
p.(None): her discretion, pay the damages to Public Trust or to any person or trustee corporation acting as the
p.(None): manager of any property of that person.
p.(None): (4) If the aggrieved person is a mentally disordered person within the meaning of section 2 of the Mental
p.(None): Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under
p.(None): the Protection of Personal and Property Rights Act 1988, the Commissioner may, in his or her discretion,
p.(None): pay the damages to Public Trust.
p.(None): (5) If the aggrieved person is a person whose property is being managed under the Protection of Personal
p.(None): and Property Rights Act 1988, the Commissioner shall ascertain whether the terms of the property order
p.(None): cover management of money received as damages and,—
p.(None): (a) if damages fall within the terms of the property order, the Commissioner shall pay the damages to
p.(None): the person or trustee corporation acting as the property manager; or
p.(None): (b) if damages do not fall within the terms of the property order, the Commissioner may, in his or her
p.(None): discretion, pay the damages to Public Trust.
p.(None): (6) Where money is paid to Public Trust under subsection (3) or subsection (4) or subsection (5),—
p.(None): (a) sections 103 to 110 of the Contract and Commercial Law Act 2017 shall apply in the case of a minor
...
Searching for indicator disability:
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p.(None): QUICK SEARCH
p.(None): Printing order Tagged sections/clauses Web feeds?
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p.(None): Contents Previous section Next section Tag section Remove Previous hit Next hit
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reprint as at 24 March 2020
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Health and Disability Commissioner Act 1994
p.(None): Public Act 1994 No 88
p.(None): Date of assent 20 October 1994
p.(None): Commencement see section 1
p.(None):
p.(None): Note
p.(None): Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
p.(None): Note 4 at the end of this reprint provides a list of the amendments incorporated.
p.(None):
p.(None): This Act is administered by the Ministry of Health.
p.(None):
p.(None):
p.(None):
p.(None): Contents
p.(None): Title
p.(None): 1 Short Title and commencement
p.(None): 2 Interpretation
p.(None): 3 Definition of health care provider
p.(None): 4 Definition of registered health professional [Repealed]
p.(None): 5 Act to bind the Crown
p.(None): 6 Purpose
p.(None): 7 Strategies and objectives to be taken into account
p.(None): Part 1
p.(None): Health and Disability Commissioner
p.(None): 8 Health and Disability Commissioner
p.(None): 9 Deputy Commissioners and Mental Health Commissioner
p.(None): 10 Qualifications for appointment
p.(None): 11 Commissioner to hold no other office [Repealed]
p.(None): 12 Term of office [Repealed]
p.(None): 13 Vacation of office [Repealed]
p.(None): 14 Functions of Commissioner
p.(None): 15 Director of Proceedings
p.(None): 16 Annual report [Repealed]
p.(None): 17 Further provisions relating to Commissioner
p.(None): 18 Review of operation of Act
p.(None): Part 2
p.(None): Code of Health and Disability Services Consumers’ Rights
p.(None): 19 Commissioner to prepare draft Code
p.(None): 20 Content of Code
p.(None): 21 Review of Code
p.(None): 22 Notification of intention to forward draft Code to Minister
p.(None): 23 Consultation on preparation and review of Code
p.(None): Part 3
p.(None): Health and Disability Services Consumer Advocacy Service
p.(None): 24 Director of Health and Disability Services Consumer Advocacy
p.(None): 25 Functions of Director of Advocacy
p.(None): 26 Advocacy services to operate independently
p.(None): 27 Purchase of consumer advocacy services
p.(None): 28 Guidelines for operation of advocacy services
p.(None): 29 Consultation on preparation of guidelines
p.(None): 30 Functions of advocates
p.(None): Part 4
p.(None): Complaints and investigations
p.(None): Receipt of complaints
p.(None): 31 General right to make complaints
p.(None): 32 Complaints referred to Commissioner
p.(None): 33 Preliminary assessment
p.(None): Referral of complaints to agencies, persons, statutory officers, or advocates
p.(None): 34 Referral of complaint to agencies or persons involved in health or disability sector
p.(None): 35 Agencies or persons to keep Commissioner informed about referred complaints
p.(None): 36 Referrals of complaints to certain statutory officers
p.(None): 37 Commissioner may refer complaint to advocate
p.(None): Decision to take no action
p.(None): 38 Commissioner may decide to take no action or no further action on complaint
p.(None): Commissioner required to share certain information
p.(None): 39 Commissioner to inform agencies of certain risks
p.(None): Investigations by Commissioner
p.(None): 40 Commissioner may investigate breaches
p.(None): 41 Complainant and provider to be notified of investigation
p.(None): 42 On notification of investigation authority not to take disciplinary action until further
p.(None): notice
p.(None): 43 Information about result of investigation
p.(None): 44 Consultation required before matter referred to Director of Proceedings
p.(None): 45 Procedure after investigation
p.(None): 46 Implementation of recommendations of Commissioner
p.(None): 47 Director of Proceedings’ right to participate in disciplinary and other proceedings
p.(None): 48 Commissioner to report certain matters to appropriate authority [Repealed]
p.(None): 49 Functions of Director of Proceedings
p.(None): Proceedings before Human Rights Review Tribunal
p.(None): 50 Proceedings before Human Rights Review Tribunal
p.(None): 51 Aggrieved person may bring proceedings before Tribunal
p.(None): 52 Remedies that may be sought
p.(None): 53 Limitation on right to bring proceedings
p.(None): 54 Powers of Human Rights Review Tribunal
p.(None): 55 Right of Director of Proceedings to appear in proceedings
p.(None): 56 Proof of exceptions
p.(None): 57 Damages
p.(None): 58 Certain provisions of Human Rights Act 1993 to apply
p.(None): Part 5
...
p.(None): 62 Evidence
p.(None): 63 Protection and privileges of witnesses, etc
p.(None): 64 Disclosure of certain matters not to be required
p.(None): 65 Proceedings privileged
p.(None): 66 Corrupt use of official information [Repealed]
p.(None): 67 Adverse comment
p.(None): Delegations
p.(None): 68 Delegation of functions and powers
p.(None): 69 Further provisions relating to delegations
p.(None): 70 Delegate to produce evidence of authority
p.(None): 71 Revocation of delegations
p.(None): Vicarious liability
p.(None): 72 Liability of employer and principal
p.(None): Offences
p.(None): 73 Offences
p.(None): Regulations
p.(None): 74 Regulations
p.(None): 75 Where regulations made against or without advice of Commissioner
p.(None): Amendments to other enactments
p.(None): 76 Amendments to Ombudsmen Act 1975
p.(None): 77 Amendments to Higher Salaries Commission Act 1977 [Repealed]
p.(None): 78 Amendment to Public Finance Act 1989 [Repealed]
p.(None): 79 Amendment to Accident Rehabilitation and Compensation Insurance Act 1992
p.(None): 80 Amendments to Health Reforms (Transitional Provisions) Act 1993
p.(None): 81 Amendments to Privacy Act 1993
p.(None): 82 Amendment to Human Rights Act 1993
p.(None): Schedule 1
p.(None): Former health registration enactments
p.(None): Schedule 2
p.(None): Provisions applying in respect of Commissioner
p.(None): Reprint notes
p.(None): An Act to promote and protect the rights of health consumers and disability services consumers, and,
p.(None): in particular,—
p.(None): (a) to secure the fair, simple, speedy, and efficient resolution of complaints relating to infringements
p.(None): of those rights; and
p.(None): (b) to provide for the appointment of a Health and Disability Commissioner to investigate complaints
p.(None): against persons or bodies who provide health care or disability services; and to define the
p.(None): Commissioner’s functions and powers; and
p.(None): (c) to provide for the establishment of a Health and Disability Services Consumer Advocacy Service;
p.(None): and
p.(None): (d) to provide for the promulgation of a Code of Health and Disability Services Consumers’ Rights;
p.(None): and
p.(None): (e) to provide for matters incidental thereto
p.(None):
p.(None):
p.(None): 1 Short Title and commencement
p.(None): (1) This Act may be cited as the Health and Disability Commissioner Act 1994.
p.(None): (2) Except as provided in subsection (3), this Act shall come into force on the day after the date on which it
p.(None): receives the Royal assent.
p.(None): (3) Part 4 and sections 76(1), 76(2), 81(1), and 81(3) shall come into force on a date to be appointed by the
p.(None): Governor-General by Order in Council.
p.(None): Section 1(3): Part 4 and sections 76(1), (2), 81(1), and (3) brought into force, on 1 July 1996, by clause 2 of the Health and Disability
p.(None): Commissioner Act Commencement Order 1996 (SR 1996/79).
p.(None):
p.(None): 2 Interpretation
p.(None): (1) In this Act, unless the context otherwise requires,—
p.(None): action, in relation to a health care provider or a disability services provider, includes failure to act; and
p.(None): also includes any policy or practice
p.(None): advocacy services means the provision of health and disability services consumer advocates; and also
p.(None): includes the provision of such administrative services as may be necessary to enable those advocates to
p.(None): exercise and perform their functions and powers
p.(None): advocacy services agreement means an agreement under which the Crown agrees to provide money to
p.(None): a person in return for the person providing, or arranging for the provision of, advocacy services
p.(None): advocate means a health and disability services consumer advocate provided pursuant to an advocacy
p.(None): services agreement
p.(None): appropriate authority includes, for the purposes of any assessment or investigation of any action on the
p.(None): part of a health practitioner that was taken when the health practitioner was registered under a former
p.(None): health registration enactment, the authority that, under section 178(1) of the Health Practitioners
p.(None): Competence Assurance Act 2003, is, in relation to that health practitioner, the successor authority
p.(None): authority has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act
p.(None): 2003; and includes the Social Workers Registration Board established by section 97 of the Social
p.(None): Workers Registration Act 2003
p.(None): Code of Health and Disability Services Consumers’ Rights or Code means the Code of Health and
p.(None): Disability Services Consumers’ Rights for the time being prescribed by regulations made under section
p.(None): 74(1)
p.(None): Commissioner means the Health and Disability Commissioner appointed in accordance with section 8 of
p.(None): this Act and section 28(1)(b) of the Crown Entities Act 2004
p.(None): Deputy Commissioner means a Deputy Health and Disability Commissioner appointed under section 9
p.(None): Director of Advocacy means the person for the time being designated under section 24(1) as the
p.(None): Director of Health and Disability Services Consumer Advocacy
p.(None): Director of Proceedings means the person for the time being designated under section 15(1) as the
p.(None): Director of Proceedings
p.(None): disability services includes goods, services, and facilities—
p.(None): (a) provided to people with disabilities for their care or support or to promote their independence; or
p.(None): (b) provided for purposes related or incidental to the care or support of people with disabilities or to the
p.(None): promotion of the independence of such people
p.(None): disability services consumer means any person with a disability that—
p.(None): (a) reduces that person’s ability to function independently; and
p.(None): (b) means that the person is likely to need support for an indefinite period
p.(None): disability services provider means any person who provides, or holds himself or herself or itself out as
p.(None): providing, disability services
p.(None): disciplinary proceedings means proceedings of a disciplinary nature taken under any former health
p.(None): registration enactment or the Health Practitioners Competence Assurance Act 2003
p.(None): document has the meaning given to it by section 2(1) of the Official Information Act 1982
p.(None): former health registration enactment means any of the former enactments specified in Schedule 1
p.(None): health means human health
p.(None): health care institution means—
p.(None): (a) premises used to provide health care services within the meaning of the Health and Disability
p.(None): Services (Safety) Act 2001, in compliance with that Act; or
p.(None): (b) a children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for
p.(None): Child and Family Health and Development; or
p.(None): (c) a treatment centre within the meaning of the Substance Addiction (Compulsory Assessment and
p.(None): Treatment) Act 2017
p.(None): health care procedure means any health treatment, health examination, health teaching, or health
p.(None): research administered to or carried out on or in respect of any person by any health care provider; and
p.(None): includes any provision of health services to any person by any health care provider
p.(None): health care provider has the meaning given to it by section 3
p.(None): health consumer includes any person on or in respect of whom any health care procedure is carried out
p.(None): health practitioner—
p.(None): (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.(None): 2003; and
p.(None): (b) includes—
p.(None): (i) a former health practitioner within the meaning of that section; and
p.(None): (ii) a person who was conditionally or unconditionally registered, or has held a certificate of
p.(None): registration, under a former health registration enactment; and
p.(None): (iii) a person who is receiving training or gaining experience under the supervision of a health
p.(None): practitioner; and
p.(None): (iv) a social worker within the meaning of the Social Workers Registration Act 2003
p.(None): health services—
p.(None): (a) means—
p.(None): (i) services to promote health:
...
p.(None): (ii) reproductive health services, including—
p.(None): (A) contraception services and advice:
p.(None): (B) fertility services:
p.(None): (C) sterilisation services:
p.(None): (D) abortion services
p.(None): (iii) [Repealed]
p.(None): (iv) [Repealed]
p.(None): health treatment, to avoid doubt, includes treatment of a person ( A) that is, or is related to, the taking of
p.(None): human tissue from A for all or any of the following purposes:
p.(None): (a) transplantation, or another therapeutic purpose, for the benefit of 1 or more persons other than A:
p.(None): (b) educational purposes or research purposes
p.(None): Human Rights Commission means the Human Rights Commission continued by section 4 of the Human
p.(None): Rights Act 1993
p.(None): Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by
p.(None): section 93 of the Human Rights Act 1993
p.(None): informed consent, in relation to a health consumer on or in respect of whom there is carried out any
p.(None): health care procedure, means consent to that procedure where that consent—
p.(None): (a) is freely given, by the health consumer or, where applicable, by any person who is entitled to
p.(None): consent on that health consumer’s behalf; and
p.(None): (b) is obtained in accordance with such requirements as are prescribed by the Code
p.(None): Minister means the Minister of Health
p.(None): Ministry means the Ministry of Health, being the department of the Public Service referred to by that
p.(None): name
p.(None): services means health services and disability services or both
p.(None): sitting day means a sitting day of the House of Representatives.
p.(None): (2) For the purposes of its application to any matter or situation arising or existing at any time, this Act—
p.(None): (a) applies to an institution that was then a health care institution by virtue of the definition of that term
p.(None): then in subsection (1) as if it had always been a health care institution by virtue of the current
p.(None): definition of that term in that subsection; and
p.(None): (b) applies to a person who was then a health care provider by virtue of section 3 as it then was as if
p.(None): the person had always been a health care institution by virtue of that section as it currently is.
p.(None): Section 2(1) appropriate authority: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) authority: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 2(1) authority: amended, on 1 October 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003
p.(None): (2003 No 48).
p.(None): Section 2(1) Commissioner: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 2(1) Complaints Review Tribunal or Tribunal: repealed, on 1 January 2002, by section 71(1) of the Human Rights Amendment
p.(None): Act 2001 (2001 No 96).
p.(None): Section 2(1) Deputy Commissioner: amended, on 18 September 2004, by section 3(1) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) disciplinary proceedings: amended, on 18 September 2004, by section 3(2) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) former health registration enactment: inserted, on 18 September 2004, by section 3(4) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) health care institution: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act
p.(None): 2001 (2001 No 93).
p.(None): Section 2(1) health care institution paragraph (c): replaced, on 21 February 2018, by section 122(1) of the Substance Addiction
p.(None): (Compulsory Assessment and Treatment) Act 2017 (2017 No 4).
p.(None): Section 2(1) health practitioner: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment
p.(None): Act 2003 (2003 No 49).
p.(None): Section 2(1) health practitioner paragraph (b): replaced, on 28 February 2019, by section 148(2) of the Social Workers Registration
p.(None): Legislation Act 2019 (2019 No 3).
p.(None): Section 2(1) health professional body: repealed, on 18 September 2004, by section 3(3) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) health registration enactment: repealed, on 18 September 2004, by section 3(3) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) health services paragraph (b)(ii): replaced, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health services paragraph (b)(iii): repealed, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health services paragraph (b)(iv): repealed, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health treatment: inserted, on 1 November 2008, by section 90(2) of the Human Tissue Act 2008 (2008 No 28).
p.(None): Section 2(1) Human Rights Review Tribunal or Tribunal: inserted, on 1 January 2002, by section 71(1) of the Human Rights
p.(None): Amendment Act 2001 (2001 No 96).
p.(None): Section 2(1) purchaser: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000
p.(None): No 91).
p.(None): Section 2(1) registered health professional: repealed, on 18 September 2004, by section 3(3) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(2): added, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None):
p.(None): 3 Definition of health care provider
p.(None): In this Act, unless the context otherwise requires, the term health care provider means—
p.(None): (a) a person for the time being in charge of providing health care services within the meaning of the
p.(None): Health and Disability Services (Safety) Act 2001, in compliance with that Act:
p.(None): (b) a controlling authority of a hospital within the meaning of the Mental Health (Compulsory
p.(None): Assessment and Treatment) Act 1992:
p.(None): (c) [Repealed]
p.(None): (d) [Repealed]
p.(None): (e) Children’s Health Camps—The New Zealand Foundation for Child and Family Health and
p.(None): Development:
p.(None): (f) [Repealed]
p.(None): (g) a manager of a treatment centre within the meaning of the Substance Addiction (Compulsory
p.(None): Assessment and Treatment) Act 2017:
p.(None): (h) any health practitioner:
p.(None): (i) any person who provides ambulance services to the public:
p.(None): (j) any person employed by the School Dental Service to carry on the practice of dentistry:
p.(None): (k) any other person who provides, or holds himself or herself or itself out as providing, health services
p.(None): to the public or to any section of the public, whether or not any charge is made for those services.
p.(None): Section 3(a): substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(c): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(d): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(e): substituted, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(f): repealed, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(g): replaced, on 21 February 2018, by section 122(1) of the Substance Addiction (Compulsory Assessment and Treatment) Act
p.(None): 2017 (2017 No 4).
p.(None): Section 3(h): substituted, on 18 September 2004, by section 4 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 4 Definition of registered health professional
p.(None): [Repealed]
p.(None): Section 4: repealed, on 18 September 2004, by section 5 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 5 Act to bind the Crown
p.(None): This Act binds the Crown.
p.(None):
p.(None): 6 Purpose
p.(None): The purpose of this Act is to promote and protect the rights of health consumers and disability services
p.(None): consumers, and, to that end, to facilitate the fair, simple, speedy, and efficient resolution of complaints
p.(None): relating to infringements of those rights.
p.(None):
p.(None): 7 Strategies and objectives to be taken into account
p.(None): In exercising or performing any power or function under this Act, every person must—
p.(None): (a) take into account the New Zealand health strategy and the New Zealand disability strategy issued
p.(None): under section 8 of the New Zealand Public Health and Disability Act 2000, so far as those strategies
p.(None): are applicable to the circumstances of the particular case; and
p.(None): (b) take into account the objectives for district health boards set out in section 22(1) of the New Zealand
p.(None): Public Health and Disability Act 2000, so far as those objectives are applicable in the circumstances
p.(None): of the particular case.
p.(None): Section 7: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
p.(None):
p.(None):
p.(None):
p.(None): Part 1
p.(None): Health and Disability Commissioner
p.(None): 8 Health and Disability Commissioner
p.(None): (1) There shall be a Commissioner called the Health and Disability Commissioner.
p.(None): (2) The Commissioner is—
p.(None): (a) a corporation sole; and
p.(None): (b) a Crown entity for the purposes of section 7 of the Crown Entities Act 2004; and
p.(None): (c) the board for the purposes of the Crown Entities Act 2004 .
p.(None): (3) The Crown Entities Act 2004 applies to the Commissioner except to the extent that this Act expressly
p.(None): provides otherwise.
p.(None): (4) [Repealed]
p.(None): Section 8(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 8(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 8(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 9 Deputy Commissioners and Mental Health Commissioner
p.(None): (1) One or more Deputy Health and Disability Commissioners may be appointed in the same way as the
p.(None): Commissioner is appointed, except that the Minister must consult the Commissioner before
p.(None): recommending a person for appointment as a Deputy Commissioner.
p.(None): (1A) Part 2 of the Crown Entities Act 2004 (except section 46) applies to the appointment and removal of a
p.(None): Deputy Health and Disability Commissioner in the same manner as it applies to the appointment and
p.(None): removal of the Commissioner.
p.(None): (2) A person may be appointed as the Mental Health Commissioner in the same way as the Commissioner is
p.(None): appointed, except that the Minister must consult the Commissioner before recommending a person for
p.(None): appointment as the Mental Health Commissioner.
p.(None): (3) A person who is a Deputy Commissioner or the Mental Health Commissioner has any powers, duties, and
p.(None): functions that—
p.(None): (a) the Commissioner delegates to him or her under section 68(3A); and
p.(None): (b) he or she may exercise and perform under subsection (4).
p.(None): (4) During the absence of the Commissioner from duty (for any reason) or a vacancy in the office of the
p.(None): Commissioner (for any reason), the powers, duties, and functions of the Commissioner may be exercised
p.(None): and performed by—
p.(None): (a) a person appointed under this section who is nominated for the purpose by the Commissioner
p.(None): before the absence or vacancy by a written notice that is in force at the time of the absence or
p.(None): vacancy; or
p.(None): (b) if there is no such notice, the longest serving person appointed under this section.
p.(None): Section 9: replaced, on 1 July 2012, by section 5(2) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None): Section 9(1A): inserted, on 5 December 2013, by section 4 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): 10 Qualifications for appointment
p.(None): (1) No person shall be recommended for appointment as the Commissioner unless, in the opinion of the
p.(None): Minister, the person is qualified for appointment, having regard to the following matters:
p.(None): (a) the functions and powers of the Commissioner:
p.(None): (b) the person’s personal attributes:
p.(None): (c) the person’s knowledge of, or experience in,—
p.(None): (i) the New Zealand health care system:
p.(None): (ii) the New Zealand disability services system:
p.(None): (iii) the resolution of disputes, including mediation and arbitration:
p.(None): (d) the person’s understanding of the various needs of health consumers:
p.(None): (e) the person’s understanding of the various needs of disability services consumers:
p.(None): (f) the person’s knowledge and recognition of the aims and aspirations of Maori:
p.(None): (g) the person’s recognition of the social, cultural, and religious values of different cultural and ethnic
p.(None): groups in New Zealand.
p.(None): (2) Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
p.(None): (3) In addition to the matters in section 30(2) of the Crown Entities Act 2004, a member of a local authority is
p.(None): disqualified from being appointed as Commissioner.
p.(None): Section 10(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 10(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 11 Commissioner to hold no other office
p.(None): [Repealed]
p.(None): Section 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 12 Term of office
p.(None): [Repealed]
p.(None): Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 13 Vacation of office
p.(None): [Repealed]
p.(None): Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 14 Functions of Commissioner
p.(None): (1) The functions of the Commissioner are as follows:
p.(None): (a) as a first priority, to prepare a draft Code of Health and Disability Services Consumers’ Rights in
p.(None): accordance with section 19:
p.(None): (b) in accordance with section 21, to review the Code and make to the Minister any recommendations
p.(None): for changes to the Code:
p.(None): (c) to promote, by education and publicity, respect for and observance of the rights of health consumers
p.(None): and disability services consumers, and, in particular, to promote awareness, among health
p.(None): consumers, disability services consumers, health care providers, and disability services providers of
p.(None): the rights of health consumers and disability services consumers and of the means by which those
p.(None): rights may be enforced:
p.(None): (d) to make public statements and publish reports in relation to any matter affecting the rights of health
p.(None): consumers or disability services consumers or both, including statements and reports that promote
p.(None): an understanding of, and compliance with, the Code or the provisions of this Act:
p.(None): (da) to act as the initial recipient of complaints about health care providers and disability services
p.(None): providers, and to ensure that each complaint is appropriately dealt with:
p.(None): (e) to investigate, on complaint or on the Commissioner’s own initiative, any action that is or appears to
p.(None): the Commissioner to be in breach of the Code or, in the case of conduct that occurred before the
p.(None): enactment of the Code, in breach of certain disciplinary standards:
p.(None): (f) to refer complaints, or investigations on the Commissioner’s own initiative, to the Director of
p.(None): Proceedings for the purpose of deciding whether or not any further action should be taken in respect
p.(None): of any such breach or alleged breach:
p.(None): (g) subject to section 15(2), to make recommendations to any appropriate person or authority in relation
p.(None): to the means by which complaints involving alleged breaches might be resolved and further
p.(None): breaches avoided:
p.(None): (h) to prepare guidelines for the operation of advocacy services in accordance with section 28:
p.(None): (i) to make suggestions to any person in relation to any matter that concerns the need for, or the
p.(None): desirability of, action by that person in the interests of the rights of health consumers or disability
p.(None): services consumers or both:
p.(None): (j) on the Commissioner’s own initiative or at the request of the Minister, to advise the Minister on any
p.(None): matter relating to—
p.(None): (i) the rights of health consumers or disability services consumers or both; or
p.(None): (ii) the administration of this Act:
p.(None): (k) to report to the Minister from time to time on the need for, or desirability of, legislative,
p.(None): administrative, or other action to give protection or better protection to the rights of health consumers
p.(None): or disability services consumers or both:
p.(None): (l) to receive and invite representations from members of the public and from any other body,
p.(None): organisation, or agency on matters relating to the rights of health consumers or disability services
p.(None): consumers or both:
p.(None): (m) to gather such information as in the Commissioner’s opinion will assist the Commissioner in carrying
p.(None): out the Commissioner’s functions under this Act:
p.(None): (ma) to monitor mental health and addiction services and to advocate improvements to those services:
p.(None): (n) [Repealed]
p.(None): (o) to perform such functions as the Commissioner is for the time being directed to perform by the
p.(None): Minister in accordance with section 112 of the Crown Entities Act 2004 :
p.(None): (p) to exercise and perform such other functions, powers, and duties as are conferred or imposed on
p.(None): the Commissioner by or under this Act or any other enactment.
p.(None): (2) In performing his or her functions, the Commissioner shall—
p.(None): (a) establish and maintain effective links with—
p.(None): (i) representatives of health consumers, disability services consumers, health care providers, and
p.(None): disability services providers:
p.(None): (ii) other bodies and organisations (including community groups) concerned with health matters or
p.(None): matters relating to disabilities:
p.(None): (b) consult and co-operate with other agencies concerned with personal rights, including the
p.(None): Ombudsmen, the Human Rights Commission, the Children’s Commissioner, the Privacy
p.(None): Commissioner, and the Director of Mental Health.
p.(None): (2A) Except as expressly provided otherwise in this or another Act, the Commissioner must act independently
p.(None): in performing his or her statutory functions and duties, and exercising his or her statutory powers, under—
p.(None): (a) this Act; and
p.(None): (b) any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other
p.(None): than the Crown Entities Act 2004 ).
p.(None): (3) [Repealed]
p.(None): Section 14(1)(c): amended, on 18 September 2004, by section 7(1) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(da): inserted, on 18 September 2004, by section 7(2) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(e): amended, on 18 September 2004, by section 7(3) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(g): amended, on 18 September 2004, by section 7(4) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(ma): inserted, on 1 July 2012, by section 5(3) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None): Section 14(1)(n): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(1)(o): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(2)(b): amended, on 26 November 2003, by section 37 of the Children’s Commissioner Act 2003 (2003 No 121).
p.(None): Section 14(2)(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 14(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 15 Director of Proceedings
p.(None): (1) For the purposes of this Act, the Commissioner shall from time to time designate one of its employees as
p.(None): the Director of Proceedings.
p.(None): (2) In exercising or performing the powers, duties, and functions of the Director of Proceedings under this Act,
p.(None): the person for the time being designated under subsection (1) shall not be responsible to the
p.(None): Commissioner but shall act independently.
p.(None): (3) Nothing in subsection (2) limits the responsibility of the Director of Proceedings to the Commissioner for
p.(None): the efficient, effective, and economical management of the activities of the Director of Proceedings.
p.(None): (4) No person shall hold, at the same time, a designation under subsection (1) and a designation under
p.(None): section 24(1).
p.(None): Section 15(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 16 Annual report
p.(None): [Repealed]
p.(None): Section 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 17 Further provisions relating to Commissioner
p.(None): The provisions of Schedule 2 shall have effect in relation to the Commissioner and the Commissioner’s
p.(None): affairs.
p.(None):
p.(None): 18 Review of operation of Act
p.(None): (1) As soon as practicable after the expiry of the period of 3 years beginning on the commencement of this
p.(None): Part, and then at intervals of not more than 5 years, the Commissioner shall—
p.(None): (a) review the operation of this Act since—
p.(None): (i) the date of the commencement of this Part (in the case of the first review carried out under this
p.(None): paragraph); or
p.(None): (ii) the date of the last review carried out under this paragraph (in the case of every subsequent
p.(None): review); and
p.(None): (b) consider whether any amendments to this Act are necessary or desirable; and
p.(None): (c) report the Commissioner’s findings to the Minister.
p.(None): (2) As soon as practicable after receiving a report from the Commissioner under subsection (1)(c), the
p.(None): Minister shall lay a copy of that report before the House of Representatives.
p.(None):
p.(None):
p.(None): Part 2
p.(None): Code of Health and Disability Services Consumers’ Rights
p.(None): 19 Commissioner to prepare draft Code
p.(None): (1) As soon as practicable after the commencement of this section, the Commissioner shall, subject to
p.(None): sections 22 and 23, prepare a draft Code of Health and Disability Services Consumers’ Rights, and shall
p.(None): forward that draft to the Minister.
p.(None): (2) Within 12 sitting days after a draft is received by the Minister in accordance with this section, the Minister
p.(None): shall lay a copy of the draft before the House of Representatives.
p.(None): (3) Where, at the expiry of the period of 3 months beginning on the commencement of this Part, the
p.(None): Commissioner has not forwarded a draft Code to the Minister in accordance with subsection (1), the
p.(None): Commissioner shall, as soon as practicable after the expiry of that period, and then at intervals of not
p.(None): more than 3 months until a draft Code has been so forwarded, report to the Minister on the progress made
p.(None): in the preparation of the draft Code.
p.(None):
p.(None): 20 Content of Code
p.(None): (1) A Code of Health and Disability Services Consumers’ Rights prescribed by regulations made under
p.(None): section 74(1) shall contain provisions relating to the following matters:
p.(None): (a) the principle that, except where any enactment or any provision of the Code otherwise provides, no
p.(None): health care procedure shall be carried out without informed consent:
p.(None): (b) the duties and obligations of health care providers as they relate to the principle set out in paragraph
p.(None): (a):
p.(None): (c) the rights of health consumers and disability services consumers, and the duties and obligations of
p.(None): health care providers and disability services providers, as they relate to—
p.(None): (i) matters of privacy (other than matters that may be the subject of a complaint under Part 7 or
p.(None): Part 8 of the Privacy Act 1993 or matters to which Part 10 of that Act relates):
p.(None): (ii) health teaching and health research:
p.(None): (iii) the provision of services that take into account the needs, values, and beliefs of different
p.(None): cultural, religious, social, and ethnic groups:
p.(None): (d) the duties of health care providers and disability services providers as they relate to the measures
p.(None): (including the provision of interpreters) necessary to enable health consumers and disability
p.(None): services consumers to communicate effectively with health care providers and disability services
p.(None): providers:
p.(None): (e) the establishment and maintenance, by health care providers and disability services providers, of
p.(None): procedures for dealing with complaints against them by health consumers or disability services
p.(None): consumers, or both, and access by health consumers and disability services consumers to such
p.(None): procedures:
p.(None): (f) the duties of health care providers and disability services providers to provide services of an
p.(None): appropriate standard:
p.(None): (g) the duties of health care providers and disability services providers to provide services in a manner
p.(None): that respects the dignity and independence of the individual.
p.(None): (2) Without limiting the generality of subsection (1), a Code of Health and Disability Services Consumers’
p.(None): Rights prescribed by regulations made under section 74(1) may provide for—
p.(None): (a) any matter relating to the rights of disability services consumers that the Commissioner considers is
p.(None): of particular importance to such consumers:
p.(None): (b) any matter incidental or ancillary to the rights of health consumers or disability services consumers,
p.(None): or both.
p.(None):
p.(None): 21 Review of Code
p.(None): (1) The Commissioner shall from time to time, as often as is necessary to ensure that a complete review of
p.(None): the Code is carried out at intervals of not more than 3 years, review the Code and make recommendations
p.(None): to the Minister on what changes (if any) the Commissioner considers should be made to the Code.
p.(None): (2) The Commissioner—
p.(None): (a) shall whenever the Minister so requests; and
p.(None): (b) may at any time, on the Commissioner’s own initiative,—
p.(None): review the Code, or any part of the Code, and make recommendations to the Minister on what changes (if
p.(None): any) the Commissioner considers should be made to the Code.
p.(None): (3) Section 22 shall apply, with all necessary modifications, in relation to any recommendations made by the
p.(None): Commissioner under this section as if those recommendations were a draft Code to which section 19(1)
p.(None): applies.
p.(None): (4) Within 12 sitting days after receiving any recommendations from the Commissioner in accordance with
p.(None): subsection (1) or, as the case may be, subsection (2), the Minister shall lay a copy of those
p.(None): recommendations before the House of Representatives.
p.(None):
p.(None): 22 Notification of intention to forward draft Code to Minister
p.(None): (1) The Commissioner shall not forward a draft Code of Health and Disability Services Consumers’ Rights to
p.(None): the Minister in accordance with section 19(1) unless—
p.(None): (a) the Commissioner has given public notice of the Commissioner’s intention to forward a draft Code to
p.(None): the Minister, which notice shall contain a statement that—
p.(None): (i) the details of the proposed draft Code, including a copy of the proposed draft Code, may be
p.(None): obtained from the Commissioner; and
p.(None): (ii) submissions on the proposed draft Code may be made in writing to the Commissioner within
p.(None): such period as is specified in the notice; and
p.(None): (b) without limiting section 23, the Commissioner has done everything reasonably possible on his or her
p.(None): part to advise all persons whom the Commissioner considers may have an interest in the proposed
p.(None): draft Code, or representatives of those persons, of the terms of the proposed draft Code, has given
p.(None): such persons or their representatives a reasonable opportunity to consider the proposed draft Code
p.(None): and to make submissions on it to the Commissioner, and has considered any such submissions.
p.(None): (2) Nothing in subsection (1) prevents the Commissioner from adopting any additional means of publicising
p.(None): the proposal to forward a draft Code to the Minister, or of consulting with interested parties in relation to
p.(None): such a draft Code.
p.(None): (3) Failure to comply with all or any of the requirements of subsection (1) shall in no way affect the validity of
p.(None): any Code of Health and Disability Services Consumers’ Rights prescribed by regulations made under
p.(None): section 74(1).
p.(None):
p.(None): 23 Consultation on preparation and review of Code
p.(None): Without limiting section 14(2), the Commissioner shall, in carrying out the requirements of sections 19 and
p.(None): 21, consult with, and invite submissions from, such persons, bodies, organisations, and agencies,
p.(None): including—
p.(None): (a) representatives of health consumers, disability services consumers, health care providers, and
p.(None): disability services providers; and
p.(None): (b) the Ombudsmen, the Human Rights Commission, the Privacy Commissioner, the Children’s
p.(None): Commissioner, and the Director of Mental Health,—
p.(None): as the Commissioner considers necessary to ensure that a wide range of views is available to the
p.(None): Commissioner to assist in the preparation and review of the Code of Health and Disability Services
p.(None): Consumers’ Rights.
p.(None): Section 23(b): amended, on 26 November 2003, by section 37 of the Children’s Commissioner Act 2003 (2003 No 121).
p.(None): Section 23(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None):
p.(None):
p.(None): Part 3
p.(None): Health and Disability Services Consumer Advocacy Service
p.(None): 24 Director of Health and Disability Services Consumer Advocacy
p.(None): (1) For the purposes of this Act, the Commissioner shall from time to time designate one of its employees as
p.(None): the Director of Health and Disability Services Consumer Advocacy.
p.(None): (2) In exercising or performing the powers, duties, and functions of the Director of Advocacy under this Act,
p.(None): the person for the time being designated under subsection (1) shall not be responsible to the
p.(None): Commissioner but shall act independently.
p.(None): (3) Nothing in subsection (2) limits the responsibility of the Director of Advocacy to the Commissioner for the
p.(None): efficient, effective, and economical management of the activities of the Director of Advocacy.
p.(None): Section 24(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 25 Functions of Director of Advocacy
p.(None): The functions of the Director of Advocacy are as follows:
p.(None): (a) to administer advocacy services agreements:
p.(None): (b) to promote, by education and publicity, advocacy services:
p.(None): (c) to oversee the training of advocates:
p.(None): (d) to monitor the operation of advocacy services, and to report to the Minister from time to time on the
p.(None): results of that monitoring.
p.(None):
p.(None): 26 Advocacy services to operate independently
p.(None): Subject to this Act, advocacy services shall operate independently of the Commissioner, the Ministry,
p.(None): purchasers, health care providers, and disability services providers.
p.(None):
p.(None): 27 Purchase of consumer advocacy services
p.(None): (1) Subject to this Act, the Director of Advocacy shall from time to time, in the name and on behalf of the
p.(None): Crown,—
p.(None): (a) negotiate and enter into advocacy services agreements containing such terms and conditions as
p.(None): may be agreed; and
p.(None): (b) monitor the performance of each advocacy services agreement.
p.(None): (2) Every advocacy services agreement shall impose on the person that agrees to provide, or arrange for the
p.(None): provision of, advocacy services pursuant to the agreement the duty to ensure that any guidelines for the
p.(None): time being in force pursuant to section 28 are followed in the provision of those services.
p.(None): (3) Nothing in this section limits—
p.(None): (a) any other enactment; or
p.(None): (b) any powers that the Minister or the Crown has under any enactment or rule of law.
p.(None): Compare: 1993 No 22 s 21
p.(None):
p.(None): 28 Guidelines for operation of advocacy services
p.(None): (1) The Commissioner may from time to time, and shall if directed to do so by the Minister, issue guidelines
p.(None): relating to the operation of advocacy services.
p.(None): (2) Without limiting subsection (1), any guidelines issued pursuant to subsection (1) shall include provisions
p.(None): relating to the procedures to be followed by advocates in carrying out their functions, including any special
p.(None): procedures to be followed when advocates are dealing with any particular persons or classes of persons.
p.(None): (3) The Commissioner may from time to time, and shall if directed to do so by the Minister, issue an
p.(None): amendment or revocation of any guidelines issued pursuant to this section.
p.(None): (4) No guidelines issued pursuant to this section, and no amendment or revocation of any such guidelines,
p.(None): shall have any force or effect unless those guidelines or, as the case requires, that amendment or
p.(None): revocation has been approved by the Minister.
p.(None): (5) Where the Minister approves any guidelines issued pursuant to this section or any amendment or
p.(None): revocation of any such guidelines, the Minister shall—
p.(None): (a) publish a notice of the approval in the Gazette; and
p.(None): (b) show the date of the approval on the guidelines or amendment or revocation, and promulgate the
p.(None): approval in such manner as the Minister thinks fit.
p.(None): (6) The Commissioner shall ensure that copies of all guidelines, and all amendments to any such guidelines,
p.(None): that are for the time being in force pursuant to this section are available—
p.(None): (a) for inspection by members of the public free of charge; and
p.(None): (b) for purchase by members of the public at a reasonable price.
p.(None): (7) The notice of approval published in the Gazette pursuant to subsection (5)(a) shall show, in relation to the
p.(None): guidelines or the amendment to which it relates, a place at which copies of the guidelines or, as the case
p.(None): requires, the amendment are available for inspection free of charge and for purchase.
p.(None): Compare: 1992 No 122 ss 36, 38, 39
p.(None):
p.(None): 29 Consultation on preparation of guidelines
p.(None): Without limiting section 14(2), the Commissioner shall, before issuing any guidelines or amendments to
p.(None): guidelines pursuant to subsection (1) or subsection (3) of section 28, consult with, and invite
p.(None): representations from, such persons, bodies, organisations, and agencies, including representatives of
p.(None): health consumers, disability services consumers, health care providers, and disability services providers,
p.(None): as the Commissioner considers necessary to ensure that a wide range of views is available to the
p.(None): Commissioner to assist in the preparation of those guidelines or amendments.
p.(None):
p.(None): 30 Functions of advocates
p.(None): An advocate shall have the following functions:
p.(None): (a) to act as an advocate for health consumers and disability services consumers:
p.(None): (b) to use his or her best endeavours to ensure that—
p.(None): (i) health consumers on or in respect of whom any health care procedure is carried out, or is
p.(None): proposed to be carried out, by a health care provider; and
p.(None): (ii) disability services consumers to whom disability services are provided, or are proposed to be
p.(None): provided, by a disability services provider—
p.(None): are made aware of the provisions of the Code:
p.(None): (c) having regard to the needs, values, and beliefs of different cultural, religious, social, and ethnic
p.(None): groups, to provide information and assistance to health consumers, disability services consumers,
p.(None): and members of the public for the purposes of—
p.(None): (i) promoting awareness of the rights of health consumers and of disability services consumers:
p.(None): (ii) promoting awareness of the procedures available for the resolution of complaints involving a
p.(None): possible breach of the Code:
p.(None): (d) to provide to health consumers or, where applicable, persons entitled to consent on a health
p.(None): consumer’s behalf such assistance as may be necessary to ensure—
p.(None): (i) that the health consumer’s or, as the case may be, that person’s consent to the carrying out of
p.(None): health care procedures is obtained; and
p.(None): (ii) that that consent is informed consent:
p.(None): (e) to promote, by education and publicity, an understanding of, and compliance with, the principle that,
p.(None): except where any enactment or any provision of the Code otherwise provides, no health care
p.(None): procedure shall be carried out without informed consent:
p.(None): (f) in respect of health care providers and disability services providers in the area that the advocate
p.(None): serves,—
p.(None): (i) to provide information on the rights of health consumers and disability services consumers:
p.(None): (ii) to promote awareness of advocacy services:
p.(None): (iii) to provide advice on the establishment and maintenance of procedures for providing proper
p.(None): information to health consumers in relation to health care procedures and for the obtaining of
p.(None): consent to such health care procedures:
p.(None): (iv) to provide advice on the establishment and maintenance of procedures to ensure the
p.(None): protection of the rights of health consumers and of disability services consumers, including
p.(None): monitoring procedures and complaints procedures:
p.(None): (g) to receive complaints alleging that any action of any health care provider or disability services
p.(None): provider is or appears to be in breach of the Code:
p.(None): (h) in respect of a complaint of the kind referred to in paragraph (g), to represent or assist the person
p.(None): alleged to be aggrieved for the purposes of endeavouring to resolve the complaint by agreement
p.(None): between the parties concerned:
p.(None): (i) to provide assistance to persons who wish—
p.(None): (i) to pursue a complaint of the kind referred to in paragraph (g) through any formal or informal
p.(None): procedures (including proceedings before an authority) that exist for resolving that complaint:
p.(None): (ii) to make a representation to the Commissioner or any other body or person in respect of any
p.(None): matter that is or appears to be in breach of the Code:
p.(None): (j) to report regularly to the Director of Advocacy on the operation of advocacy services in the area
p.(None): served by the advocate:
p.(None): (k) to report to the Commissioner from time to time on any matter relating to the rights of health
p.(None): consumers or disability services consumers or both (whether in relation to a particular health
p.(None): consumer or disability services consumer, or a group of health consumers or disability services
p.(None): consumers, or in relation to health consumers or disability services consumers generally) that, in the
p.(None): advocate’s opinion, should be drawn to the attention of the Commissioner:
p.(None): (l) to exercise and perform such other functions, powers, and duties as are conferred or imposed on
p.(None): advocates by or under this Act or any other enactment.
p.(None): Section 30(i)(i): amended, on 18 September 2004, by section 8 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None):
p.(None):
p.(None): Part 4
p.(None): Complaints and investigations
p.(None): Part 4 heading: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Receipt of complaints
p.(None): Heading: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 31 General right to make complaints
p.(None): (1) Any person may complain orally or in writing to an advocate or to the Commissioner alleging that any
p.(None): action of a health care provider or a disability services provider is or appears to be in breach of the Code.
p.(None): (2) Any person may complain orally or in writing to an advocate or to the Commissioner about any action of a
p.(None): health practitioner that was taken at any time before 1 July 1996, if it is alleged or it appears that the
p.(None): action—
p.(None): (a) affected a health consumer; and
p.(None): (b) was, at the time that it was taken, a ground for bringing disciplinary proceedings against the health
p.(None): practitioner under a former health registration enactment; but
p.(None): (c) was not referred to the body that, under that enactment, had jurisdiction to consider it.
p.(None): (3) If a complaint is made under this section to an advocate and the advocate is unable to resolve the
p.(None): complaint, the advocate must—
p.(None): (a) refer the complaint to the Commissioner; and
p.(None): (b) inform the parties concerned of that referral and the reasons for it.
p.(None): Section 31: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 32 Complaints referred to Commissioner
p.(None): For the purposes of this Part, a complaint that is referred to the Commissioner under section 31(3) of this
p.(None): Act or section 64(1) of the Health Practitioners Competence Assurance Act 2003 must be treated as if it
p.(None): had been made to the Commissioner.
p.(None): Section 32: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 33 Preliminary assessment
p.(None): (1) As soon as reasonably practicable after receiving a complaint, the Commissioner must make a
p.(None): preliminary assessment of the complaint to decide—
p.(None): (a) whether to take 1 or more of the following courses of action:
p.(None): (i) to refer the complaint to an agency or person in accordance with section 34 or section 36:
p.(None): (ii) to refer the complaint to an advocate:
p.(None): (iii) to call a conference, under section 61, of the parties concerned:
p.(None): (iv) to investigate the complaint himself or herself; or
p.(None): (b) whether to take no action on the complaint.
p.(None): (2) The Commissioner must promptly notify the complainant and the health care provider or the disability
p.(None): services provider to whom the complaint relates of the Commissioner’s preliminary assessment.
p.(None): (3) This section does not preclude the Commissioner from revising a preliminary assessment and from
p.(None): subsequently exercising 1 or more of his or her other powers in relation to the complaint concerned.
p.(None): (4) If the Commissioner revises a preliminary assessment, the Commissioner must promptly notify the
p.(None): following persons and agencies of the revised assessment:
p.(None): (a) the complainant:
p.(None): (b) the health care provider or the disability services provider to whom the complaint relates:
p.(None): (c) any agency or any person to whom the complaint has, in accordance with section 34 or section 36,
p.(None): been referred:
p.(None): (d) any advocate to whom the complaint has been referred.
p.(None): Section 33: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Referral of complaints to agencies, persons, statutory officers, or advocates
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 34 Referral of complaint to agencies or persons involved in health or disability sector
p.(None): (1) At any time after completing a preliminary assessment of a complaint, the Commissioner may refer the
p.(None): complaint, in whole or in part,—
p.(None): (a) to the appropriate authority if it appears from the complaint that the competence of a health
p.(None): practitioner or his or her fitness to practise or the appropriateness of his or her conduct may be in
p.(None): doubt; or
p.(None): (b) to the Accident Compensation Corporation if it appears from the complaint that the aggrieved person
p.(None): may be entitled to cover under the Accident Compensation Act 2001; or
p.(None): (c) to the Director-General of Health if it appears from the complaint that failures or inadequacies in the
p.(None): systems or practices of the health care provider or the disability services provider concerned may
p.(None): harm the health or safety of members of the public; or
p.(None): (d) to the health care provider or the disability services provider to whom a complaint relates if the
p.(None): complaint does not raise questions about the health or safety of members of the public and can, in
p.(None): the Commissioner’s opinion, be appropriately resolved by the provider.
p.(None): (2) At any time before or after referring a complaint, in whole or in part, to an agency or person mentioned in
p.(None): subsection (1), the Commissioner may consult with that agency or person as to the most appropriate
p.(None): means of dealing with the complaint.
p.(None): (3) After referring a complaint, in whole or in part, to an agency or person mentioned in subsection (1), the
p.(None): Commissioner must notify the complainant and the health care provider or the disability services provider
p.(None): to whom the complaint relates of the action that has been taken.
p.(None): (4) The Commissioner may refer a complaint, in whole or in part, to more than 1 agency or person mentioned
p.(None): in subsection (1), as long as each referral is authorised by a paragraph of that subsection.
p.(None): (5) A reference of a complaint under subsection (1) does not preclude the Commissioner from taking action
p.(None): on the complaint himself or herself.
p.(None): Section 34: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 34(1)(b): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010
p.(None): No 1).
p.(None):
p.(None): 35 Agencies or persons to keep Commissioner informed about referred complaints
p.(None): Each agency or person to whom a complaint is referred under section 34 must—
p.(None): (a) promptly acknowledge receipt of the complaint; and
p.(None): (b) promptly advise the Commissioner of any significant step taken in its consideration or examination
p.(None): of the complaint; and
p.(None): (c) promptly advise the Commissioner of the outcome of its consideration or examination of the
p.(None): complaint.
p.(None): Section 35: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 36 Referrals of complaints to certain statutory officers
p.(None): (1) If, at any time after completing a preliminary assessment of a complaint, the Commissioner considers that
p.(None): the complaint relates, in whole or in part, to a matter that is more properly within the scope of the functions
p.(None): of one of the statutory officers specified in subsection (4), the Commissioner must promptly consult with
p.(None): that officer in order to determine the appropriate means of dealing with the complaint.
p.(None): (2) As soon as reasonably practicable after consulting with the officer concerned, the Commissioner must
p.(None): determine whether the complaint should be dealt with, in whole or in part, under this Act.
p.(None): (3) If the Commissioner determines that the complaint should be dealt with, in whole or in part, by one of the
p.(None): officers specified in subsection (4), the Commissioner must promptly—
p.(None): (a) refer the complaint or, as the case requires, the appropriate part of the complaint to that officer; and
p.(None): (b) notify the complainant and the health care provider or the disability services provider to whom the
p.(None): complaint relates of the action that has been taken.
p.(None): (4) The statutory officers referred to in subsection (1) are—
p.(None): (a) the Chief Commissioner under the Human Rights Act 1993 :
p.(None): (b) the Chief Ombudsman:
p.(None): (c) the Privacy Commissioner.
p.(None): Section 36: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 37 Commissioner may refer complaint to advocate
p.(None): (1) At any time after completing a preliminary assessment of a complaint (whether or not the Commissioner is
p.(None): investigating, or continuing to investigate, the complaint himself or herself), the Commissioner may refer
p.(None): the complaint to an advocate for the purpose of resolving the matter by agreement between the parties
p.(None): concerned.
p.(None): (2) On a referral of a complaint, under subsection (1), the advocate must—
p.(None): (a) use his or her best endeavours to resolve the complaint by agreement between the parties
p.(None): concerned; and
p.(None): (b) report the results of those endeavours to the Commissioner.
p.(None): (3) Every report made under subsection (2)(b) must record—
p.(None): (a) the terms of any agreement reached between the parties concerned; and
p.(None): (b) if agreement is not reached on all matters, those matters on which agreement is reached and those
p.(None): matters on which no agreement is reached; and
p.(None): (c) any other matters that the advocate thinks fit.
p.(None): (4) A copy of every report made under subsection (2)(b) must, on request, be made available by the
p.(None): Commissioner to each of the parties concerned.
p.(None): Section 37: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Decision to take no action
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 38 Commissioner may decide to take no action or no further action on complaint
p.(None): (1) At any time after completing a preliminary assessment of a complaint (whether or not the Commissioner is
p.(None): investigating, or continuing to investigate, the complaint himself or herself), the Commissioner may, at his
p.(None): or her discretion, decide to take no action or, as the case may require, no further action on the complaint if
p.(None): the Commissioner considers that, having regard to all the circumstances of the case, any action or further
p.(None): action is unnecessary or inappropriate.
p.(None): (2) The Commissioner’s consideration under subsection (1) may, in particular, take into account any of the
p.(None): following matters:
p.(None): (a) the length of time that has elapsed between the date when the subject matter of the complaint arose
p.(None): and the date when the complaint was made:
p.(None): (b) whether the subject matter of the complaint is trivial:
p.(None): (c) whether the complaint is frivolous or vexatious or is not made in good faith:
p.(None): (d) whether the person alleged to be aggrieved does not want any action taken or, as the case may be,
p.(None): continued:
p.(None): (e) whether there is in all the circumstances an adequate remedy or right of appeal, other than the right
p.(None): to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be
p.(None): reasonable for the person alleged to be aggrieved to exercise.
p.(None): (3) Subsection (2) does not detract from the generality of subsection (1).
p.(None): (4) In any case where the Commissioner decides to take no action, or no further action, on a complaint, the
p.(None): Commissioner must inform the following persons and agencies of that decision and the reasons for it:
p.(None): (a) the complainant:
p.(None): (b) the health care provider or the disability services provider to whom the complaint relates:
p.(None): (c) any agency or any person to whom the complaint has, in accordance with section 34 or section 36,
p.(None): been referred:
p.(None): (d) any advocate to whom the complaint has been referred.
p.(None): Section 38: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 38 heading: amended, on 5 December 2013, by section 5 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): Commissioner required to share certain information
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 39 Commissioner to inform agencies of certain risks
p.(None): (1) Whenever the Commissioner has reason to believe that the practice of a health practitioner may pose a
p.(None): risk of harm to the public, the Commissioner must promptly notify the appropriate authority of that belief
p.(None): and the reasons for it.
p.(None): (2) Whenever the Commissioner has reason to believe that failures or inadequacies in the systems or
p.(None): practices of a health care provider or a disability services provider are harming or are likely to harm the
p.(None): health or safety of members of the public, the Commissioner must promptly notify the Director-General of
p.(None): Health of that belief and the reasons for it.
p.(None): (3) If, during or after an investigation, the Commissioner is of the opinion that there is evidence of a significant
p.(None): breach of duty or misconduct on the part of a health care provider or disability services provider or an
p.(None): officer or employee or member of a health care provider or disability services provider, the Commissioner
p.(None): must promptly refer the matter to the appropriate person or agency.
p.(None): Section 39: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Investigations by Commissioner
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 40 Commissioner may investigate breaches
p.(None): (1) The Commissioner may decide to investigate any action of a health care provider or a disability services
p.(None): provider if the action is, or appears to the Commissioner to be, in breach of the Code.
p.(None): (2) The Commissioner may investigate any action of a health practitioner that was taken at any time before
p.(None): 1 July 1996, if it appears that the action affected a health consumer and was, at the time that it was taken,
p.(None): a ground for bringing disciplinary proceedings against the health practitioner under a former health
p.(None): registration enactment.
p.(None): (3) The Commissioner may investigate an action under this section either on complaint or on the
p.(None): Commissioner’s own initiative.
p.(None): Section 40: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 41 Complainant and provider to be notified of investigation
p.(None): (1) Before proceeding to investigate a matter under this Part, the Commissioner—
p.(None): (a) must, by written notice, inform the complainant (if any), the health care provider or the disability
p.(None): services provider to whom the investigation relates, and any person alleged to be aggrieved (if not
p.(None): the complainant) of the Commissioner’s intention to make the investigation; and
p.(None): (b) must, by written notice, inform the health care provider or the disability services provider to whom
p.(None): the investigation relates of—
p.(None): (i) the details of the complaint (if any) or, as the case may be, the subject matter of the
p.(None): investigation; and
p.(None): (ii) the right of that person to submit to the Commissioner, within 15 working days of the date of
p.(None): the notice, a written response in relation to the complaint or, as the case may be, the subject
p.(None): matter of the investigation.
p.(None): (2) The Commissioner may, at his or her discretion, extend the deadline of 15 working days set by a notice
p.(None): given under subsection (1)(b), and may do so before or after the deadline.
p.(None): Section 41: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 42 On notification of investigation authority not to take disciplinary action until further
p.(None): notice
p.(None): (1) In any case where, after deciding to investigate the action of a health care provider or a disability services
p.(None): provider, it appears to the Commissioner that the investigation directly concerns a health practitioner, the
p.(None): Commissioner must promptly give notice of the investigation to the appropriate authority.
p.(None): (2) Once the authority has received the notice, no disciplinary action under the Health Practitioners
p.(None): Competence Assurance Act 2003 may be taken in relation to any subject matter of the investigation until
p.(None): —
p.(None): (a) the Commissioner notifies the authority—
p.(None): (i) that the matter is not to be investigated, or investigated further, under this Act; or
p.(None): (ii) that the complaint or matter has been resolved; or
p.(None): (iii) that the matter is not to be referred to the Director of Proceedings under section 45(2)(f); or
p.(None): (b) the Director of Proceedings notifies the authority of his or her decision under section 49 not to
p.(None): institute disciplinary proceedings in relation to the matter.
p.(None): (3) This section does not prevent any action under the Health Practitioners Competence Assurance Act
p.(None): 2003—
p.(None): (a) under any of sections 36 to 42, 45 to 51, or 69 of that Act; or
p.(None): (b) in bringing and completing disciplinary proceedings initiated by a charge laid by the Director of
p.(None): Proceedings.
p.(None): Section 42: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 43 Information about result of investigation
p.(None): (1) As soon as reasonably practicable after the Commissioner completes an investigation, the Commissioner
p.(None): must advise the persons specified in subsection (2)—
p.(None): (a) of the results of the investigation; and
p.(None): (b) of any further action that the Commissioner proposes to take or that the Commissioner proposes to
p.(None): take no further action.
p.(None): (2) The persons referred to in subsection (1) are—
p.(None): (a) any complainant whose complaint led to the investigation:
p.(None): (b) any person alleged to be aggrieved (if not the complainant):
p.(None): (c) the health care provider or the disability services provider whose action was the subject of the
p.(None): investigation:
p.(None): (d) if the investigation directly concerns a health practitioner, the appropriate authority.
p.(None): Section 43: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 44 Consultation required before matter referred to Director of Proceedings
p.(None): (1) The Commissioner may not, under section 45(2)(f), refer 1 or more health care providers or disability
p.(None): services providers to the Director of Proceedings for a decision as to whether proceedings should be
p.(None): instituted or action taken in respect of a person unless the Commissioner has given that person an
p.(None): opportunity to comment on that proposed referral.
p.(None): (2) The Commissioner must have regard to any relevant factors of the kind specified in subsection (3) when
p.(None): the Commissioner considers whether or not to refer, under section 45(2)(f), 1 or more health care
p.(None): providers or disability services providers to the Director of Proceedings for a decision as to whether
p.(None): proceedings should be instituted or any action taken.
p.(None): (3) The kinds of factors referred to in subsection (2) are—
p.(None): (a) the wishes of the complainant (if any) and the aggrieved person (if not the complainant) in relation to
p.(None): the matter; and
p.(None): (b) any comments made under subsection (1) in relation to the matter; and
p.(None): (c) the need to ensure that appropriate proceedings are instituted in any case where the public interest
p.(None): (whether for reasons of public health or public safety or for any other reason) so requires.
p.(None): Section 44: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 45 Procedure after investigation
p.(None): (1) This section applies if, after making an investigation under this Part, the Commissioner is of the opinion
p.(None): that any action that was the subject matter of the investigation—
p.(None): (a) was in breach of the Code; or
p.(None): (b) in the case of an action of a health practitioner that was taken at a time before 1 July 1996, affected
p.(None): a health consumer and was, at the time that it was taken, a ground for bringing disciplinary
p.(None): proceedings against the health practitioner under a former health registration enactment.
p.(None): (2) If this section applies, the Commissioner may do all or any of the following:
p.(None): (a) report the Commissioner’s opinion, with reasons, to any health care provider or disability services
p.(None): provider whose action was the subject matter of the investigation, and may make any
p.(None): recommendations as the Commissioner thinks fit:
p.(None): (b) report the Commissioner’s opinion, with reasons, together with any recommendations that the
p.(None): Commissioner thinks fit, to all or any of the following:
p.(None): (i) any authority or professional body:
p.(None): (ii) the Accident Compensation Corporation:
p.(None): (iii) any other person that the Commissioner considers appropriate:
p.(None): (c) make any report to the Minister that the Commissioner thinks fit:
p.(None): (d) make a complaint to any authority in respect of any person:
p.(None): (e) if any person wishes to make such a complaint, assist that person to do so:
p.(None): (f) refer 1 or more health care providers or disability services providers to the Director of Proceedings
p.(None): for the purpose of deciding whether any 1 or more of the following actions should be taken in relation
p.(None): to those providers:
p.(None): (i) any of the actions contemplated by section 47:
p.(None): (ii) the institution of proceedings under section 50:
p.(None): (iii) the institution of disciplinary proceedings.
p.(None): (3) On referring 1 or more health care providers or disability services providers to the Director of Proceedings
p.(None): under subsection (2)(f), the Commissioner must advise the Director of Proceedings of any relevant factors
p.(None): of the kind specified in section 44(3).
p.(None): (4) Subsection (2)(f)(ii) does not apply if this section applies because of subsection (1)(b).
p.(None): Section 45: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 46 Implementation of recommendations of Commissioner
p.(None): (1) Where, in accordance with section 45(2)(a) or (b), the Commissioner makes any recommendation to any
p.(None): person, the Commissioner may request that person to notify the Commissioner, within a specified time, of
p.(None): the steps (if any) that the person proposes to take to give effect to that recommendation.
p.(None): (2) If, within a reasonable time after a recommendation is made, no action is taken which seems to the
p.(None): Commissioner to be adequate and appropriate, the Commissioner—
p.(None): (a) shall, after considering the comments (if any) of the person concerned, inform the complainant (if
p.(None): any) of the Commissioner’s recommendations and may make such comments on the matter as the
p.(None): Commissioner thinks fit; and
p.(None): (b) may, where the Commissioner considers it appropriate, transmit to the Minister such report on the
p.(None): matter as the Commissioner thinks fit.
p.(None): Compare: 1975 No 9 ss 22(3), 24
p.(None): Section 46(1): amended, on 18 September 2004, by section 10 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 47 Director of Proceedings’ right to participate in disciplinary and other proceedings
p.(None): (1) The Director of Proceedings may, after referral from the Commissioner under section 45(2)(f),—
p.(None): (a) provide assistance (whether financial or otherwise) to any complainant in any proceedings before
p.(None): any authority or tribunal:
p.(None): (b) provide representation (either in person or by counsel)—
p.(None): (i) for any complainant in any proceedings before an authority or a tribunal, in any case where the
p.(None): complainant, or any person acting on the complainant’s behalf, is permitted, by or under the
p.(None): rules of procedure governing those proceedings, to appear and be heard in those
p.(None): proceedings:
p.(None): (ii) for any party in any proceedings in any court in relation to any proceedings that are or have
p.(None): been before an authority or a tribunal:
p.(None): (iii) for any party in any proceedings before any court, tribunal, authority, Royal Commission,
p.(None): commission of inquiry, board of inquiry, court of inquiry, or committee of inquiry, in any case
p.(None): where those proceedings in any way relate to or arise from any matter that was or is the
p.(None): subject matter of any investigation by the Commissioner under this Part:
p.(None): (c) appear and be heard, either in person or by counsel, in any proceedings of a kind described in
p.(None): subparagraph (ii) or subparagraph (iii) of paragraph (b), whether or not the Director of Proceedings
...
p.(None): the proceedings:
p.(None): (b) to examine, cross-examine, and re-examine witnesses,—
p.(None): but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or
p.(None): evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of
p.(None): witnesses.
p.(None): (3) Where, pursuant to subsection (1)(c), the Director of Proceedings appears in any proceedings to which
p.(None): the Director of Proceedings is not a party, the court, tribunal, or other body before which those
p.(None): proceedings are conducted, where it has power to award costs to or against parties to the proceedings,
p.(None): may make such order as it thinks just—
p.(None): (a) as to the payment by any party to the proceedings of the costs incurred by the Director of
p.(None): Proceedings in so doing; or
p.(None): (b) as to the payment by the Director of Proceedings of any costs incurred by any party to the
p.(None): proceedings by reason of the appearance of the Director of Proceedings.
p.(None): (4) Where any costs are so awarded to the Director of Proceedings, the Commissioner may recover them in
p.(None): the same manner as parties to the proceedings may recover costs awarded to them.
p.(None): (5) Costs ordered to be paid by the Director of Proceedings shall be paid by the Commissioner.
p.(None): (6) Nothing in subsection (3) limits or affects any power of a court, tribunal, or other body to award costs in
p.(None): any proceedings to which the Director of Proceedings is a party.
p.(None): Section 47(1): amended, on 5 December 2013, by section 6 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None): Section 47(1)(a): amended, on 18 September 2004, by section 11(a) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 47(1)(b)(i): amended, on 18 September 2004, by section 11(b) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 47(1)(b)(ii): amended, on 18 September 2004, by section 11(b) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None):
p.(None): 48 Commissioner to report certain matters to appropriate authority
p.(None): [Repealed]
p.(None): Section 48: repealed, on 18 September 2004, by section 12 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 49 Functions of Director of Proceedings
p.(None): (1) The functions of the Director of Proceedings under this Part are—
p.(None): (a) to decide, on referral from the Commissioner pursuant to section 45(2)(f),—
p.(None): (i) whether to institute proceedings under section 50, or disciplinary proceedings, or both, against
p.(None): a person against whom a complaint has been made under this Part or in respect of whom an
p.(None): investigation has been conducted under this Part; and
p.(None): (ii) whether to take any of the actions contemplated by section 47; and
p.(None): (b) if the Director of Proceedings decides that such proceedings should be instituted or, as the case
p.(None): may be, that any such action should be taken, to institute the proceedings or, as the case may be, to
p.(None): take the action.
p.(None): (2) [Repealed]
p.(None): (3) [Repealed]
p.(None): Section 49(1)(a): amended, on 18 September 2004, by section 13(1) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 49(2): repealed, on 18 September 2004, by section 13(2) of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 49(3): repealed, on 18 September 2004, by section 13(2) of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Proceedings before Human Rights Review Tribunal
p.(None): Heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None): 50 Proceedings before Human Rights Review Tribunal
p.(None): (1) This section applies to any health care provider or disability services provider in respect of whom or of
p.(None): which an investigation has been conducted under this Part in relation to any action alleged to be in breach
p.(None): of the Code.
p.(None): (2) Subject to sections 44(1) and 53, civil proceedings before the Human Rights Review Tribunal shall lie at
p.(None): the suit of the Director of Proceedings against any person to whom this section applies for a breach, by
p.(None): that person, of the Code.
p.(None): (3) The Director of Proceedings may, under subsection (2), bring proceedings on behalf of a class of persons,
p.(None): and may seek on behalf of persons who belong to the class any of the remedies described in section 54,
p.(None): where the Director of Proceedings considers that a person to whom this section applies is carrying on a
p.(None): practice which affects that class and which is in breach of the Code.
p.(None): (4) Where proceedings are commenced by the Director of Proceedings under subsection (2), neither the
p.(None): complainant (if any) nor the aggrieved person (if not the complainant) shall be an original party to, or,
p.(None): unless the Tribunal otherwise orders, join or be joined in, any such proceedings.
p.(None): Compare: 1993 No 82 s 83(1)–(3)
p.(None): Section 50 heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 50(2): amended, on 18 September 2004, by section 14 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 50(2): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None): 51 Aggrieved person may bring proceedings before Tribunal
p.(None): Notwithstanding section 50(2) but subject to section 53, the aggrieved person (whether personally or by
p.(None): any person authorised to act on his or her behalf) may bring proceedings before the Tribunal against a
p.(None): person to whom section 50 applies if he or she wishes to do so, and—
p.(None): (a) the Commissioner, having found a breach of the Code on the part of the person to whom that
p.(None): section applies, has not referred the person to the Director of Proceedings under section 45(2)(f); or
p.(None): (b) the Director of Proceedings declines or fails to take proceedings.
p.(None): Compare: 1993 No 82 s 83(4)
p.(None): Section 51(a): substituted, on 18 September 2004, by section 15 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 51(b): substituted, on 18 September 2004, by section 15 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 52 Remedies that may be sought
p.(None): (1) Subject to subsection (2), in any proceedings before the Tribunal brought by the Director of Proceedings
p.(None): or the aggrieved person, the plaintiff may seek such of the remedies described in section 54 as he or she
p.(None): thinks fit.
p.(None): (2) If any person has suffered personal injury (within the meaning of the Accident Compensation Act 2001)
p.(None): covered by that Act, no damages (other than punitive damages in accordance with section 57(1)(d))
p.(None): arising directly or indirectly out of that personal injury—
p.(None): (a) may be sought by or on behalf of that person in any proceedings under section 50 or section 51:
p.(None): (b) may be awarded to or for the benefit of that person in any such proceedings.
p.(None): Compare: 1993 No 82 s 86(1)
p.(None): Section 52(2): substituted, on 1 April 2002, by section 337(1) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001
p.(None): No 49).
p.(None): Section 52(2): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
p.(None):
p.(None): 53 Limitation on right to bring proceedings
p.(None): Nothing in section 50 or section 51 authorises or permits the Director of Proceedings or any aggrieved
p.(None): person to bring proceedings before the Tribunal in respect of any action that is alleged to be in breach of
p.(None): the Code in any case where the matter has been resolved under this Act by agreement between the
p.(None): parties concerned, unless a term of that agreement has not been complied with.
p.(None):
p.(None): 54 Powers of Human Rights Review Tribunal
p.(None): (1) If, in any proceedings under section 50 or section 51, the Tribunal is satisfied on the balance of
...
p.(None): (2) In any proceedings under section 50 or section 51, the Tribunal may award such costs against the
p.(None): defendant as it thinks fit, whether or not it makes any other order, or may award costs against the plaintiff,
p.(None): or may decline to award costs against either party.
p.(None): (3) Where the Director of Proceedings is the plaintiff, any costs awarded against him or her shall be paid by
p.(None): the Commissioner, and the Commissioner shall not be entitled to be indemnified by the complainant or, as
p.(None): the case may be, the aggrieved person.
p.(None): (4) It shall not be a defence to proceedings under section 50 or section 51 that the breach was unintentional
p.(None): or without negligence on the part of the defendant or any officer or employee or member of the defendant,
p.(None): but the Tribunal shall take the conduct of the defendant or, as the case may require, of any officer or
p.(None): employee or member of the defendant into account in deciding what, if any, remedy to grant.
p.(None): (5) In any proceedings under section 50 or section 51 in respect of any action of a health practitioner, the
p.(None): Tribunal shall, where that action has been the subject of disciplinary proceedings, have regard to the
p.(None): findings of the body before which those disciplinary proceedings were heard and to any penalty imposed
p.(None): on that health practitioner in those proceedings.
p.(None): Compare: 1993 No 82 ss 86(2), (3), 87
p.(None): Section 54 heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 54(5): amended, on 18 September 2004, by section 16 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 55 Right of Director of Proceedings to appear in proceedings
p.(None): (1) The Director of Proceedings may appear and be heard, in person or by counsel,—
p.(None): (a) in any proceedings under this Act before the Human Rights Review Tribunal; and
p.(None): (b) in any proceedings in—
p.(None): (i) the District Court; or
p.(None): (ii) the High Court; or
p.(None): (iii) the Court of Appeal,—
p.(None): in relation to any proceedings that are or have been before the Tribunal under this Act,—
p.(None): whether or not the Director of Proceedings is or was a party to the proceedings before the Tribunal.
p.(None): (2) Where, pursuant to subsection (1), the Director of Proceedings appears in any proceedings of a kind
p.(None): described in that subsection, he or she shall, unless those proceedings are by way of appeal, have the
p.(None): right—
p.(None): (a) to call evidence on any matter (including evidence in rebuttal) that should be taken into account in
p.(None): the proceedings:
p.(None): (b) to examine, cross-examine, and re-examine witnesses,—
p.(None): but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or
p.(None): evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of
p.(None): witnesses.
p.(None): (3) Where, pursuant to subsection (1), the Director of Proceedings, not being a party to any proceedings
p.(None): before the Tribunal, appears in those proceedings or in any proceedings in any court in relation to those
p.(None): proceedings, the Tribunal or the court, as the case may be, may make such order as it thinks fit—
...
p.(None): conference any other person whose attendance would in the Commissioner’s opinion be likely to assist in
p.(None): resolving the matter by agreement between the parties.
p.(None): (4) There may be paid, out of the funds of the Commissioner,—
p.(None): (a) to each party or to the representatives of each party, to the number determined by the
p.(None): Commissioner as being necessary to enable that party to be adequately represented, attending any
p.(None): conference called under this section; and
p.(None): (b) to any person (other than the Commissioner) attending any conference pursuant to subsection (3),
p.(None): —
p.(None): fees, allowances, and expenses as if the parties or their representatives and those persons were
p.(None): witnesses in a court, and, for that purpose,—
p.(None): (c) the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply
p.(None): accordingly; and
p.(None): (d) the Commissioner shall have the powers of a court under any such regulations to fix or disallow, in
p.(None): whole or in part, or to increase, any amounts payable under the regulations.
p.(None): (5) No evidence shall be admissible in any court, or before any person acting judicially, of any information,
p.(None): statement, or admission disclosed or made to any person in the course of a conference called under this
p.(None): section.
p.(None): Compare: 1987 No 77 ss 249, 250(2)
p.(None): Section 61(1): amended, on 18 September 2004, by section 17 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 61(4)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None):
p.(None): 62 Evidence
p.(None): (1) The Commissioner may from time to time, by notice in writing, require any person who in the
p.(None): Commissioner’s opinion is able to give information relating to any matter under investigation by the
p.(None): Commissioner to furnish such information, and to produce such documents or things in the possession or
p.(None): under the control of that person, as in the opinion of the Commissioner are relevant to the subject matter
p.(None): of the investigation.
p.(None): (2) The Commissioner may summon before him or her and examine on oath any person who, in the
p.(None): Commissioner’s opinion is able to give information relating to the matter under investigation, and may, for
p.(None): that purpose, administer an oath to any person so summoned.
p.(None): (3) Every such examination by the Commissioner shall be deemed to be a judicial proceeding within the
p.(None): meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
p.(None): Compare: 1993 No 28 s 91
p.(None):
p.(None): 63 Protection and privileges of witnesses, etc
p.(None): (1) Except as provided in section 64(2), every person shall have the same privileges in relation to the giving
p.(None): of information to, the answering of questions put by, and the production of documents and things to the
p.(None): Commissioner or any employee of the Commissioner, as witnesses have in any court.
...
p.(None): (3) The Commissioner may not delegate the functions or powers of the Commissioner under Part 4 or section
p.(None): 61 to the Director of Proceedings.
p.(None): (3A) In other respects, the Commissioner may delegate in accordance with section 73 of the Crown Entities Act
p.(None): 2004.
p.(None): (4) The Director of Proceedings may from time to time, with the prior approval of the Commissioner in each
p.(None): case, delegate to any person holding office under the Commissioner all or any of the functions and
p.(None): powers of the Director of Proceedings under this Act or any other Act.
p.(None): (5) The Director of Advocacy may from time to time, with the prior approval of the Commissioner in each
p.(None): case, delegate to any person holding office under the Commissioner all or any of the functions and
p.(None): powers of the Director of Advocacy under this Act or any other Act.
p.(None): (6) No delegation under subsection (4) shall be to the Director of Advocacy.
p.(None): (7) No delegation under subsection (5) shall be to the Director of Proceedings.
p.(None): (8) Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under subsection (4) or (5) as if the
p.(None): delegate were a member and as if the disclosure must be made to the Commissioner and with other
p.(None): necessary modifications.
p.(None): (9) Sections 74 to 76 of the Crown Entities Act 2004 do not apply to a delegation under subsection (4) or (5).
p.(None): Compare: 1993 No 28 s 121(1), (3)
p.(None): Section 68(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 68(2): amended, on 1 July 2012, by section 5(4) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None): Section 68(2): amended (with effect on 25 January 2005), on 20 September 2007, by section 5 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 68(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 68(2)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 68(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 68(3A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 68(8): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 68(9): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 69 Further provisions relating to delegations
p.(None): (1) Every delegation under section 68(4) or (5) shall be in writing.
p.(None): (2) The power to delegate under section 68(4) or (5) does not limit any power of delegation conferred on the
p.(None): Commissioner or the Director of Proceedings or the Director of Advocacy by any other Act.
p.(None): (3) Subject to any general or special directions given or conditions imposed by the person by whom the
p.(None): delegation is made, the person to whom any functions or powers are delegated under section 68(4) or (5)
p.(None): may exercise any functions or powers so delegated to that person in the same manner and with the same
p.(None): effect as if they had been conferred on that person directly by this section and not by delegation.
p.(None): (4) Every person purporting to act pursuant to any delegation under section 68(4) or (5) shall, in the absence
p.(None): of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
p.(None): (5) Any delegation under section 68(4) or (5) may be made—
p.(None): (a) to any specified person or to persons of a specified class, or to the holder or holders for the time
p.(None): being of a specified office or specified class of offices:
p.(None): (b) subject to such restrictions and conditions as the person by whom the delegation is made thinks fit:
p.(None): (c) either generally or in relation to any particular case or class of cases.
p.(None): (6) No delegation under section 68(4) or (5) shall affect or prevent the exercise of any function or power by
p.(None): the Commissioner or, as the case requires, the Director of Proceedings or the Director of Advocacy, nor
p.(None): shall any such delegation affect the responsibility of the Commissioner for the actions of any person acting
p.(None): under the delegation.
p.(None): Compare: 1993 No 28 s 121(2), (4)–(8)
p.(None): Section 69(1): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 69(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(3): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 69(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(4): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 69(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(6): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 69(6): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 70 Delegate to produce evidence of authority
p.(None): Any person purporting to exercise any power of the Commissioner or, as the case requires, the Director of
p.(None): Proceedings or the Director of Advocacy by virtue of a delegation under section 68(4) or (5) shall, when
p.(None): required to do so, produce evidence of that person’s authority to exercise the power.
p.(None): Compare: 1993 No 28 s 122
p.(None): Section 70: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 71 Revocation of delegations
p.(None): (1) Every delegation under section 68(4) or (5) shall be revocable in writing at will.
p.(None): (2) Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that
p.(None): the person by whom the delegation was made may have ceased to hold office, and shall continue to have
p.(None): effect as if made by the successor in office of the person by whom the delegation was made.
p.(None): Compare: 1993 No 28 s 123
p.(None): Section 71(1): amended (with effect on 25 January 2005), on 20 September 2007, by section 7 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 71(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): Vicarious liability
p.(None):
p.(None): 72 Liability of employer and principal
p.(None): (1) In this section, the term employing authority means a health care provider or a disability services
p.(None): provider.
p.(None): (2) Subject to subsection (5), anything done or omitted by a person as the employee of an employing
p.(None): authority shall, for the purposes of this Act, be treated as done or omitted by that employing authority as
p.(None): well as by the first-mentioned person, whether or not it was done or omitted with that employing authority’s
p.(None): knowledge or approval.
p.(None): (3) Anything done or omitted by a person as the agent of an employing authority shall, for the purposes of this
p.(None): Act, be treated as done or omitted by that employing authority as well as by the first-mentioned person,
p.(None): unless it is done or omitted without that employing authority’s express or implied authority, precedent or
p.(None): subsequent.
p.(None): (4) Anything done or omitted by a person as a member of an employing authority shall, for the purposes of
p.(None): this Act, be treated as done or omitted by that employing authority as well as by the first-mentioned
p.(None): person, unless it is done or omitted without that employing authority’s express or implied authority,
p.(None): precedent or subsequent.
...
p.(None): authority to prove that he or she or it took such steps as were reasonably practicable to prevent the
p.(None): employee from doing or omitting to do that thing, or from doing or omitting to do as an employee of the
p.(None): employing authority things of that description.
p.(None): Compare: 1993 No 82 s 68
p.(None):
p.(None): Offences
p.(None): 73 Offences
p.(None): Every person commits an offence against this Act and is liable on conviction to a fine not exceeding
p.(None): $3,000 who,—
p.(None): (a) without reasonable excuse, obstructs, hinders, or resists the Commissioner or any other person in
p.(None): the exercise of their powers under this Act:
p.(None): (b) without reasonable excuse, refuses or fails to comply with any lawful requirement of the
p.(None): Commissioner or any other person under this Act:
p.(None): (c) makes any statement or gives any information to the Commissioner or any other person exercising
p.(None): powers under this Act, knowing that the statement or information is false or misleading:
p.(None): (d) represents directly or indirectly that he or she holds any authority under this Act when he or she
p.(None): does not hold that authority.
p.(None): Compare: 1975 No 9 s 30
p.(None): Section 73: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None): Regulations
p.(None):
p.(None): 74 Regulations
p.(None): (1) The Governor-General may from time to time, by Order in Council, make regulations prescribing a Code
p.(None): of Health and Disability Services Consumers’ Rights.
p.(None): (2) In addition to the power conferred by subsection (1), the Governor-General may from time to time, by
p.(None): Order in Council, make regulations for all or any of the following purposes:
p.(None): (a) prescribing the procedure for the service of notices and other documents under this Act:
p.(None): (b) providing for such matters as are contemplated by or necessary for giving effect to this Act and for
p.(None): its due administration.
p.(None):
p.(None): 75 Where regulations made against or without advice of Commissioner
p.(None): (1) This section applies where any regulations are made under section 74(1)—
p.(None): (a) as a result of any draft Code, or any draft amendments to a Code, forwarded to the Minister by the
p.(None): Commissioner, where the regulations differ in any material respect (other than in matters of drafting
p.(None): style) from the draft so forwarded; or
p.(None): (b) other than in accordance with, or in the absence of, a recommendation of the Commissioner.
p.(None): (2) Where this section applies, the Minister shall, within 12 sitting days of the making of the regulations, lay
p.(None): before the House of Representatives a statement setting out the following matters:
p.(None): (a) where paragraph (a) of subsection (1) applies,—
p.(None): (i) the respects in which the regulations differ in a material respect (other than in matters of
p.(None): drafting style) from the draft forwarded by the Commissioner; and
p.(None): (ii) the reasons for the differences:
p.(None): (b) where paragraph (b) of that subsection applies, the reasons why the regulations were made other
p.(None): than in accordance with, or in the absence of, a recommendation of the Commissioner.
p.(None):
p.(None): Amendments to other enactments
p.(None):
p.(None): 76 Amendments to Ombudsmen Act 1975
p.(None): (1), (2) Amendment(s) incorporated in the Act(s).
p.(None): (3) [Repealed]
p.(None): Section 76(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 77 Amendments to Higher Salaries Commission Act 1977
p.(None): [Repealed]
p.(None): Section 77: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 78 Amendment to Public Finance Act 1989
p.(None): [Repealed]
p.(None): Section 78: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 79 Amendment to Accident Rehabilitation and Compensation Insurance Act 1992
p.(None): Amendment(s) incorporated in the Act(s).
p.(None):
p.(None): 80 Amendments to Health Reforms (Transitional Provisions) Act 1993
p.(None): Amendment(s) incorporated in the Act(s).
p.(None):
p.(None): 81 Amendments to Privacy Act 1993
p.(None): Amendment(s) incorporated in the Act(s).
p.(None):
p.(None): 82 Amendment to Human Rights Act 1993
p.(None): Amendment(s) incorporated in the Act(s).
p.(None):
p.(None):
p.(None): Schedule 1
p.(None): Former health registration enactments
p.(None): s2
p.(None): Schedule 1 heading: amended, on 18 September 2004, by section 20 of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Chiropractors Act 1982
p.(None): Dental Act 1988
p.(None): Dietitians Act 1950
p.(None): Medical Auxiliaries Act 1966
p.(None): Medical Practitioners Act 1995
p.(None): Nurses Act 1977
p.(None): Occupational Therapy Act 1949
p.(None): Optometrists and Dispensing Opticians Act 1976
p.(None): Pharmacy Act 1970
p.(None): Physiotherapy Act 1949
p.(None): Psychologists Act 1981
p.(None): Schedule 1: amended, on 1 July 1996, by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).
p.(None):
p.(None):
p.(None):
p.(None): Schedule 2
p.(None): Provisions applying in respect of Commissioner
p.(None): s 17
p.(None):
p.(None): 1 Employment of experts
p.(None): [Repealed]
p.(None): Schedule 2 clause 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 2 Staff
p.(None): [Repealed]
p.(None): Schedule 2 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 3 Salaries and allowances
p.(None): [Repealed]
p.(None): Schedule 2 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 4 Superannuation or retiring allowances
p.(None): (1) For the purpose of providing superannuation or retiring allowances for the Commissioner , the
p.(None): Commissioner may, out of the funds of the Commissioner, make payments to or subsidise any retirement
p.(None): scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013) .
p.(None): (2) Notwithstanding anything in this Act, any person who, immediately before being appointed as the
p.(None): Commissioner or, as the case may be, becoming an employee of the Commissioner, is a contributor to
p.(None): the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund
p.(None): Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956 ,
p.(None): employed in the Government service so long as that person continues to hold office as the Commissioner
p.(None): or, as the case may be, to be an employee of the Commissioner; and that Act shall apply to that person in
p.(None): all respects as if that person’s service as the Commissioner or, as the case may be, as such an employee
p.(None): were Government service.
p.(None): (3) Subject to the Government Superannuation Fund Act 1956 , nothing in subclause (2) entitles any such
p.(None): person to become a contributor to the Government Superannuation Fund after that person has once
p.(None): ceased to be a contributor.
p.(None): (4) For the purpose of applying the Government Superannuation Fund Act 1956 , in accordance with
p.(None): subclause (2), to a person who holds office as the Commissioner or, as the case may be, is in the service
p.(None): of the Commissioner as an employee and (in either case) is a contributor to the Government
p.(None): Superannuation Fund, the term controlling authority, in relation to any such person, means the
p.(None): Commissioner.
p.(None): (5) For the purposes of this clause, Commissioner includes any Deputy Commissioner or the Mental Health
p.(None): Commissioner.
p.(None): Schedule 2 clause 4(1): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013
p.(None): (2013 No 70).
p.(None): Schedule 2 clause 4(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Schedule 2 clause 4(5): added, on 18 September 2004, by section 21(2) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Schedule 2 clause 4(5): amended, on 1 July 2012, by section 5(5) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None):
p.(None): 5 Application of certain Acts to Commissioner and staff
p.(None): [Repealed]
p.(None): Schedule 2 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 6 Services for Commissioner
p.(None): [Repealed]
p.(None): Schedule 2 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 7 Funds of Commissioner
p.(None): [Repealed]
p.(None): Schedule 2 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 8 Bank accounts
p.(None): [Repealed]
p.(None): Schedule 2 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 9 Investment of money
p.(None): [Repealed]
p.(None): Schedule 2 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 10 Commissioner not to borrow without consent of Minister of Finance
p.(None): [Repealed]
p.(None): Schedule 2 clause 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 11 Auditor-General to be auditor of Commissioner’s accounts
p.(None): [Repealed]
p.(None): Schedule 2 clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 12 Seal
p.(None): [Repealed]
p.(None): Schedule 2 clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 13 Exemption from income tax
p.(None): The income of the Commissioner shall be exempt from income tax.
p.(None):
p.(None): Reprints notes
p.(None): 1 General
p.(None): This is a reprint of the Health and Disability Commissioner Act 1994 that incorporates all the amendments
p.(None): to that Act as at the date of the last amendment to it.
p.(None): 2 Legal status
p.(None): Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal
p.(None): enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides
p.(None): that this reprint, published in electronic form, has the status of an official version under section 17 of that
p.(None): Act. A printed version of the reprint produced directly from this official electronic version also has official
p.(None): status.
...
...
Health / Motherhood/Family
Searching for indicator family:
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p.(None): (b) provided for purposes related or incidental to the care or support of people with disabilities or to the
p.(None): promotion of the independence of such people
p.(None): disability services consumer means any person with a disability that—
p.(None): (a) reduces that person’s ability to function independently; and
p.(None): (b) means that the person is likely to need support for an indefinite period
p.(None): disability services provider means any person who provides, or holds himself or herself or itself out as
p.(None): providing, disability services
p.(None): disciplinary proceedings means proceedings of a disciplinary nature taken under any former health
p.(None): registration enactment or the Health Practitioners Competence Assurance Act 2003
p.(None): document has the meaning given to it by section 2(1) of the Official Information Act 1982
p.(None): former health registration enactment means any of the former enactments specified in Schedule 1
p.(None): health means human health
p.(None): health care institution means—
p.(None): (a) premises used to provide health care services within the meaning of the Health and Disability
p.(None): Services (Safety) Act 2001, in compliance with that Act; or
p.(None): (b) a children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for
p.(None): Child and Family Health and Development; or
p.(None): (c) a treatment centre within the meaning of the Substance Addiction (Compulsory Assessment and
p.(None): Treatment) Act 2017
p.(None): health care procedure means any health treatment, health examination, health teaching, or health
p.(None): research administered to or carried out on or in respect of any person by any health care provider; and
p.(None): includes any provision of health services to any person by any health care provider
p.(None): health care provider has the meaning given to it by section 3
p.(None): health consumer includes any person on or in respect of whom any health care procedure is carried out
p.(None): health practitioner—
p.(None): (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.(None): 2003; and
p.(None): (b) includes—
p.(None): (i) a former health practitioner within the meaning of that section; and
p.(None): (ii) a person who was conditionally or unconditionally registered, or has held a certificate of
p.(None): registration, under a former health registration enactment; and
p.(None): (iii) a person who is receiving training or gaining experience under the supervision of a health
p.(None): practitioner; and
p.(None): (iv) a social worker within the meaning of the Social Workers Registration Act 2003
p.(None): health services—
p.(None): (a) means—
p.(None): (i) services to promote health:
p.(None): (ii) services to protect health:
p.(None): (iii) services to prevent disease or ill health:
p.(None): (iv) treatment services:
p.(None): (v) nursing services:
p.(None): (vi) rehabilitative services:
p.(None): (vii) diagnostic services; and
p.(None): (b) includes—
p.(None): (i) psychotherapy and counselling services:
...
p.(None): No 6).
p.(None): Section 2(1) health treatment: inserted, on 1 November 2008, by section 90(2) of the Human Tissue Act 2008 (2008 No 28).
p.(None): Section 2(1) Human Rights Review Tribunal or Tribunal: inserted, on 1 January 2002, by section 71(1) of the Human Rights
p.(None): Amendment Act 2001 (2001 No 96).
p.(None): Section 2(1) purchaser: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000
p.(None): No 91).
p.(None): Section 2(1) registered health professional: repealed, on 18 September 2004, by section 3(3) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(2): added, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None):
p.(None): 3 Definition of health care provider
p.(None): In this Act, unless the context otherwise requires, the term health care provider means—
p.(None): (a) a person for the time being in charge of providing health care services within the meaning of the
p.(None): Health and Disability Services (Safety) Act 2001, in compliance with that Act:
p.(None): (b) a controlling authority of a hospital within the meaning of the Mental Health (Compulsory
p.(None): Assessment and Treatment) Act 1992:
p.(None): (c) [Repealed]
p.(None): (d) [Repealed]
p.(None): (e) Children’s Health Camps—The New Zealand Foundation for Child and Family Health and
p.(None): Development:
p.(None): (f) [Repealed]
p.(None): (g) a manager of a treatment centre within the meaning of the Substance Addiction (Compulsory
p.(None): Assessment and Treatment) Act 2017:
p.(None): (h) any health practitioner:
p.(None): (i) any person who provides ambulance services to the public:
p.(None): (j) any person employed by the School Dental Service to carry on the practice of dentistry:
p.(None): (k) any other person who provides, or holds himself or herself or itself out as providing, health services
p.(None): to the public or to any section of the public, whether or not any charge is made for those services.
p.(None): Section 3(a): substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(c): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(d): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(e): substituted, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(f): repealed, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(g): replaced, on 21 February 2018, by section 122(1) of the Substance Addiction (Compulsory Assessment and Treatment) Act
p.(None): 2017 (2017 No 4).
...
Health / ill
Searching for indicator ill:
(return to top)
p.(None): Child and Family Health and Development; or
p.(None): (c) a treatment centre within the meaning of the Substance Addiction (Compulsory Assessment and
p.(None): Treatment) Act 2017
p.(None): health care procedure means any health treatment, health examination, health teaching, or health
p.(None): research administered to or carried out on or in respect of any person by any health care provider; and
p.(None): includes any provision of health services to any person by any health care provider
p.(None): health care provider has the meaning given to it by section 3
p.(None): health consumer includes any person on or in respect of whom any health care procedure is carried out
p.(None): health practitioner—
p.(None): (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.(None): 2003; and
p.(None): (b) includes—
p.(None): (i) a former health practitioner within the meaning of that section; and
p.(None): (ii) a person who was conditionally or unconditionally registered, or has held a certificate of
p.(None): registration, under a former health registration enactment; and
p.(None): (iii) a person who is receiving training or gaining experience under the supervision of a health
p.(None): practitioner; and
p.(None): (iv) a social worker within the meaning of the Social Workers Registration Act 2003
p.(None): health services—
p.(None): (a) means—
p.(None): (i) services to promote health:
p.(None): (ii) services to protect health:
p.(None): (iii) services to prevent disease or ill health:
p.(None): (iv) treatment services:
p.(None): (v) nursing services:
p.(None): (vi) rehabilitative services:
p.(None): (vii) diagnostic services; and
p.(None): (b) includes—
p.(None): (i) psychotherapy and counselling services:
p.(None): (ii) reproductive health services, including—
p.(None): (A) contraception services and advice:
p.(None): (B) fertility services:
p.(None): (C) sterilisation services:
p.(None): (D) abortion services
p.(None): (iii) [Repealed]
p.(None): (iv) [Repealed]
p.(None): health treatment, to avoid doubt, includes treatment of a person ( A) that is, or is related to, the taking of
p.(None): human tissue from A for all or any of the following purposes:
p.(None): (a) transplantation, or another therapeutic purpose, for the benefit of 1 or more persons other than A:
p.(None): (b) educational purposes or research purposes
p.(None): Human Rights Commission means the Human Rights Commission continued by section 4 of the Human
p.(None): Rights Act 1993
p.(None): Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by
p.(None): section 93 of the Human Rights Act 1993
p.(None): informed consent, in relation to a health consumer on or in respect of whom there is carried out any
p.(None): health care procedure, means consent to that procedure where that consent—
p.(None): (a) is freely given, by the health consumer or, where applicable, by any person who is entitled to
p.(None): consent on that health consumer’s behalf; and
p.(None): (b) is obtained in accordance with such requirements as are prescribed by the Code
p.(None): Minister means the Minister of Health
...
Social / Access to Social Goods
Searching for indicator access:
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p.(None): QUICK SEARCH
p.(None): Printing order Tagged sections/clauses Web feeds?
p.(None): New Zealand Legislation All SEARCH
p.(None):
p.(None): title content ? My recent searches
p.(None):
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p.(None):
p.(None): Home Advanced search Browse About this site
p.(None):
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p.(None): Advanced search Add to web
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p.(None): Health and Disability Commissioner Act 1994
p.(None): How the site works
p.(None): Contact us
p.(None): Order a commercial
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p.(None): Site map
p.(None): Warning: Some amendments have not yet been incorporated
p.(None): Glossary
p.(None): Access keys
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p.(None):
p.(None): Copyright
p.(None): Privacy
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p.(None): View whole (289KB) Versions and amendments Print/Download PDF [620KB]
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p.(None): Contents Previous section Next section Tag section Remove Previous hit Next hit
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Reprint as at 24 March 2020
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Health and Disability Commissioner Act 1994
p.(None): Public Act 1994 No 88
p.(None): Date of assent 20 October 1994
p.(None): Commencement see section 1
p.(None):
p.(None): Note
p.(None): Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
p.(None): Note 4 at the end of this reprint provides a list of the amendments incorporated.
p.(None):
p.(None): This Act is administered by the Ministry of Health.
p.(None):
p.(None):
p.(None):
p.(None): Contents
p.(None): Title
p.(None): 1 Short Title and commencement
p.(None): 2 Interpretation
p.(None): 3 Definition of health care provider
p.(None): 4 Definition of registered health professional [Repealed]
p.(None): 5 Act to bind the Crown
p.(None): 6 Purpose
p.(None): 7 Strategies and objectives to be taken into account
p.(None): Part 1
p.(None): Health and Disability Commissioner
p.(None): 8 Health and Disability Commissioner
...
p.(None): (a):
p.(None): (c) the rights of health consumers and disability services consumers, and the duties and obligations of
p.(None): health care providers and disability services providers, as they relate to—
p.(None): (i) matters of privacy (other than matters that may be the subject of a complaint under Part 7 or
p.(None): Part 8 of the Privacy Act 1993 or matters to which Part 10 of that Act relates):
p.(None): (ii) health teaching and health research:
p.(None): (iii) the provision of services that take into account the needs, values, and beliefs of different
p.(None): cultural, religious, social, and ethnic groups:
p.(None): (d) the duties of health care providers and disability services providers as they relate to the measures
p.(None): (including the provision of interpreters) necessary to enable health consumers and disability
p.(None): services consumers to communicate effectively with health care providers and disability services
p.(None): providers:
p.(None): (e) the establishment and maintenance, by health care providers and disability services providers, of
p.(None): procedures for dealing with complaints against them by health consumers or disability services
p.(None): consumers, or both, and access by health consumers and disability services consumers to such
p.(None): procedures:
p.(None): (f) the duties of health care providers and disability services providers to provide services of an
p.(None): appropriate standard:
p.(None): (g) the duties of health care providers and disability services providers to provide services in a manner
p.(None): that respects the dignity and independence of the individual.
p.(None): (2) Without limiting the generality of subsection (1), a Code of Health and Disability Services Consumers’
p.(None): Rights prescribed by regulations made under section 74(1) may provide for—
p.(None): (a) any matter relating to the rights of disability services consumers that the Commissioner considers is
p.(None): of particular importance to such consumers:
p.(None): (b) any matter incidental or ancillary to the rights of health consumers or disability services consumers,
p.(None): or both.
p.(None):
p.(None): 21 Review of Code
p.(None): (1) The Commissioner shall from time to time, as often as is necessary to ensure that a complete review of
p.(None): the Code is carried out at intervals of not more than 3 years, review the Code and make recommendations
p.(None): to the Minister on what changes (if any) the Commissioner considers should be made to the Code.
p.(None): (2) The Commissioner—
p.(None): (a) shall whenever the Minister so requests; and
p.(None): (b) may at any time, on the Commissioner’s own initiative,—
p.(None): review the Code, or any part of the Code, and make recommendations to the Minister on what changes (if
...
Social / Child
Searching for indicator child:
(return to top)
p.(None): (b) provided for purposes related or incidental to the care or support of people with disabilities or to the
p.(None): promotion of the independence of such people
p.(None): disability services consumer means any person with a disability that—
p.(None): (a) reduces that person’s ability to function independently; and
p.(None): (b) means that the person is likely to need support for an indefinite period
p.(None): disability services provider means any person who provides, or holds himself or herself or itself out as
p.(None): providing, disability services
p.(None): disciplinary proceedings means proceedings of a disciplinary nature taken under any former health
p.(None): registration enactment or the Health Practitioners Competence Assurance Act 2003
p.(None): document has the meaning given to it by section 2(1) of the Official Information Act 1982
p.(None): former health registration enactment means any of the former enactments specified in Schedule 1
p.(None): health means human health
p.(None): health care institution means—
p.(None): (a) premises used to provide health care services within the meaning of the Health and Disability
p.(None): Services (Safety) Act 2001, in compliance with that Act; or
p.(None): (b) a children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for
p.(None): Child and Family Health and Development; or
p.(None): (c) a treatment centre within the meaning of the Substance Addiction (Compulsory Assessment and
p.(None): Treatment) Act 2017
p.(None): health care procedure means any health treatment, health examination, health teaching, or health
p.(None): research administered to or carried out on or in respect of any person by any health care provider; and
p.(None): includes any provision of health services to any person by any health care provider
p.(None): health care provider has the meaning given to it by section 3
p.(None): health consumer includes any person on or in respect of whom any health care procedure is carried out
p.(None): health practitioner—
p.(None): (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.(None): 2003; and
p.(None): (b) includes—
p.(None): (i) a former health practitioner within the meaning of that section; and
p.(None): (ii) a person who was conditionally or unconditionally registered, or has held a certificate of
p.(None): registration, under a former health registration enactment; and
p.(None): (iii) a person who is receiving training or gaining experience under the supervision of a health
p.(None): practitioner; and
p.(None): (iv) a social worker within the meaning of the Social Workers Registration Act 2003
p.(None): health services—
p.(None): (a) means—
p.(None): (i) services to promote health:
p.(None): (ii) services to protect health:
p.(None): (iii) services to prevent disease or ill health:
p.(None): (iv) treatment services:
p.(None): (v) nursing services:
p.(None): (vi) rehabilitative services:
p.(None): (vii) diagnostic services; and
...
p.(None): No 6).
p.(None): Section 2(1) health treatment: inserted, on 1 November 2008, by section 90(2) of the Human Tissue Act 2008 (2008 No 28).
p.(None): Section 2(1) Human Rights Review Tribunal or Tribunal: inserted, on 1 January 2002, by section 71(1) of the Human Rights
p.(None): Amendment Act 2001 (2001 No 96).
p.(None): Section 2(1) purchaser: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000
p.(None): No 91).
p.(None): Section 2(1) registered health professional: repealed, on 18 September 2004, by section 3(3) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(2): added, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None):
p.(None): 3 Definition of health care provider
p.(None): In this Act, unless the context otherwise requires, the term health care provider means—
p.(None): (a) a person for the time being in charge of providing health care services within the meaning of the
p.(None): Health and Disability Services (Safety) Act 2001, in compliance with that Act:
p.(None): (b) a controlling authority of a hospital within the meaning of the Mental Health (Compulsory
p.(None): Assessment and Treatment) Act 1992:
p.(None): (c) [Repealed]
p.(None): (d) [Repealed]
p.(None): (e) Children’s Health Camps—The New Zealand Foundation for Child and Family Health and
p.(None): Development:
p.(None): (f) [Repealed]
p.(None): (g) a manager of a treatment centre within the meaning of the Substance Addiction (Compulsory
p.(None): Assessment and Treatment) Act 2017:
p.(None): (h) any health practitioner:
p.(None): (i) any person who provides ambulance services to the public:
p.(None): (j) any person employed by the School Dental Service to carry on the practice of dentistry:
p.(None): (k) any other person who provides, or holds himself or herself or itself out as providing, health services
p.(None): to the public or to any section of the public, whether or not any charge is made for those services.
p.(None): Section 3(a): substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(c): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(d): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(e): substituted, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(f): repealed, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
...
Searching for indicator children:
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p.(None): Director of Proceedings
p.(None): disability services includes goods, services, and facilities—
p.(None): (a) provided to people with disabilities for their care or support or to promote their independence; or
p.(None): (b) provided for purposes related or incidental to the care or support of people with disabilities or to the
p.(None): promotion of the independence of such people
p.(None): disability services consumer means any person with a disability that—
p.(None): (a) reduces that person’s ability to function independently; and
p.(None): (b) means that the person is likely to need support for an indefinite period
p.(None): disability services provider means any person who provides, or holds himself or herself or itself out as
p.(None): providing, disability services
p.(None): disciplinary proceedings means proceedings of a disciplinary nature taken under any former health
p.(None): registration enactment or the Health Practitioners Competence Assurance Act 2003
p.(None): document has the meaning given to it by section 2(1) of the Official Information Act 1982
p.(None): former health registration enactment means any of the former enactments specified in Schedule 1
p.(None): health means human health
p.(None): health care institution means—
p.(None): (a) premises used to provide health care services within the meaning of the Health and Disability
p.(None): Services (Safety) Act 2001, in compliance with that Act; or
p.(None): (b) a children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for
p.(None): Child and Family Health and Development; or
p.(None): (c) a treatment centre within the meaning of the Substance Addiction (Compulsory Assessment and
p.(None): Treatment) Act 2017
p.(None): health care procedure means any health treatment, health examination, health teaching, or health
p.(None): research administered to or carried out on or in respect of any person by any health care provider; and
p.(None): includes any provision of health services to any person by any health care provider
p.(None): health care provider has the meaning given to it by section 3
p.(None): health consumer includes any person on or in respect of whom any health care procedure is carried out
p.(None): health practitioner—
p.(None): (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.(None): 2003; and
p.(None): (b) includes—
p.(None): (i) a former health practitioner within the meaning of that section; and
p.(None): (ii) a person who was conditionally or unconditionally registered, or has held a certificate of
p.(None): registration, under a former health registration enactment; and
p.(None): (iii) a person who is receiving training or gaining experience under the supervision of a health
p.(None): practitioner; and
p.(None): (iv) a social worker within the meaning of the Social Workers Registration Act 2003
p.(None): health services—
p.(None): (a) means—
p.(None): (i) services to promote health:
p.(None): (ii) services to protect health:
p.(None): (iii) services to prevent disease or ill health:
...
p.(None): No 6).
p.(None): Section 2(1) health services paragraph (b)(iv): repealed, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health treatment: inserted, on 1 November 2008, by section 90(2) of the Human Tissue Act 2008 (2008 No 28).
p.(None): Section 2(1) Human Rights Review Tribunal or Tribunal: inserted, on 1 January 2002, by section 71(1) of the Human Rights
p.(None): Amendment Act 2001 (2001 No 96).
p.(None): Section 2(1) purchaser: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000
p.(None): No 91).
p.(None): Section 2(1) registered health professional: repealed, on 18 September 2004, by section 3(3) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(2): added, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None):
p.(None): 3 Definition of health care provider
p.(None): In this Act, unless the context otherwise requires, the term health care provider means—
p.(None): (a) a person for the time being in charge of providing health care services within the meaning of the
p.(None): Health and Disability Services (Safety) Act 2001, in compliance with that Act:
p.(None): (b) a controlling authority of a hospital within the meaning of the Mental Health (Compulsory
p.(None): Assessment and Treatment) Act 1992:
p.(None): (c) [Repealed]
p.(None): (d) [Repealed]
p.(None): (e) Children’s Health Camps—The New Zealand Foundation for Child and Family Health and
p.(None): Development:
p.(None): (f) [Repealed]
p.(None): (g) a manager of a treatment centre within the meaning of the Substance Addiction (Compulsory
p.(None): Assessment and Treatment) Act 2017:
p.(None): (h) any health practitioner:
p.(None): (i) any person who provides ambulance services to the public:
p.(None): (j) any person employed by the School Dental Service to carry on the practice of dentistry:
p.(None): (k) any other person who provides, or holds himself or herself or itself out as providing, health services
p.(None): to the public or to any section of the public, whether or not any charge is made for those services.
p.(None): Section 3(a): substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(c): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(d): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(e): substituted, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(f): repealed, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
p.(None): Section 3(g): replaced, on 21 February 2018, by section 122(1) of the Substance Addiction (Compulsory Assessment and Treatment) Act
p.(None): 2017 (2017 No 4).
p.(None): Section 3(h): substituted, on 18 September 2004, by section 4 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 4 Definition of registered health professional
p.(None): [Repealed]
p.(None): Section 4: repealed, on 18 September 2004, by section 5 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 5 Act to bind the Crown
p.(None): This Act binds the Crown.
p.(None):
p.(None): 6 Purpose
p.(None): The purpose of this Act is to promote and protect the rights of health consumers and disability services
p.(None): consumers, and, to that end, to facilitate the fair, simple, speedy, and efficient resolution of complaints
p.(None): relating to infringements of those rights.
p.(None):
p.(None): 7 Strategies and objectives to be taken into account
p.(None): In exercising or performing any power or function under this Act, every person must—
p.(None): (a) take into account the New Zealand health strategy and the New Zealand disability strategy issued
p.(None): under section 8 of the New Zealand Public Health and Disability Act 2000, so far as those strategies
p.(None): are applicable to the circumstances of the particular case; and
...
p.(None): or disability services consumers or both:
p.(None): (l) to receive and invite representations from members of the public and from any other body,
p.(None): organisation, or agency on matters relating to the rights of health consumers or disability services
p.(None): consumers or both:
p.(None): (m) to gather such information as in the Commissioner’s opinion will assist the Commissioner in carrying
p.(None): out the Commissioner’s functions under this Act:
p.(None): (ma) to monitor mental health and addiction services and to advocate improvements to those services:
p.(None): (n) [Repealed]
p.(None): (o) to perform such functions as the Commissioner is for the time being directed to perform by the
p.(None): Minister in accordance with section 112 of the Crown Entities Act 2004 :
p.(None): (p) to exercise and perform such other functions, powers, and duties as are conferred or imposed on
p.(None): the Commissioner by or under this Act or any other enactment.
p.(None): (2) In performing his or her functions, the Commissioner shall—
p.(None): (a) establish and maintain effective links with—
p.(None): (i) representatives of health consumers, disability services consumers, health care providers, and
p.(None): disability services providers:
p.(None): (ii) other bodies and organisations (including community groups) concerned with health matters or
p.(None): matters relating to disabilities:
p.(None): (b) consult and co-operate with other agencies concerned with personal rights, including the
p.(None): Ombudsmen, the Human Rights Commission, the Children’s Commissioner, the Privacy
p.(None): Commissioner, and the Director of Mental Health.
p.(None): (2A) Except as expressly provided otherwise in this or another Act, the Commissioner must act independently
p.(None): in performing his or her statutory functions and duties, and exercising his or her statutory powers, under—
p.(None): (a) this Act; and
p.(None): (b) any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other
p.(None): than the Crown Entities Act 2004 ).
p.(None): (3) [Repealed]
p.(None): Section 14(1)(c): amended, on 18 September 2004, by section 7(1) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(da): inserted, on 18 September 2004, by section 7(2) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(e): amended, on 18 September 2004, by section 7(3) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(g): amended, on 18 September 2004, by section 7(4) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(ma): inserted, on 1 July 2012, by section 5(3) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None): Section 14(1)(n): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(1)(o): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(2)(b): amended, on 26 November 2003, by section 37 of the Children’s Commissioner Act 2003 (2003 No 121).
p.(None): Section 14(2)(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 14(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 15 Director of Proceedings
p.(None): (1) For the purposes of this Act, the Commissioner shall from time to time designate one of its employees as
p.(None): the Director of Proceedings.
p.(None): (2) In exercising or performing the powers, duties, and functions of the Director of Proceedings under this Act,
p.(None): the person for the time being designated under subsection (1) shall not be responsible to the
p.(None): Commissioner but shall act independently.
p.(None): (3) Nothing in subsection (2) limits the responsibility of the Director of Proceedings to the Commissioner for
p.(None): the efficient, effective, and economical management of the activities of the Director of Proceedings.
p.(None): (4) No person shall hold, at the same time, a designation under subsection (1) and a designation under
p.(None): section 24(1).
p.(None): Section 15(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 16 Annual report
p.(None): [Repealed]
p.(None): Section 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 17 Further provisions relating to Commissioner
p.(None): The provisions of Schedule 2 shall have effect in relation to the Commissioner and the Commissioner’s
p.(None): affairs.
p.(None):
p.(None): 18 Review of operation of Act
...
p.(None): such period as is specified in the notice; and
p.(None): (b) without limiting section 23, the Commissioner has done everything reasonably possible on his or her
p.(None): part to advise all persons whom the Commissioner considers may have an interest in the proposed
p.(None): draft Code, or representatives of those persons, of the terms of the proposed draft Code, has given
p.(None): such persons or their representatives a reasonable opportunity to consider the proposed draft Code
p.(None): and to make submissions on it to the Commissioner, and has considered any such submissions.
p.(None): (2) Nothing in subsection (1) prevents the Commissioner from adopting any additional means of publicising
p.(None): the proposal to forward a draft Code to the Minister, or of consulting with interested parties in relation to
p.(None): such a draft Code.
p.(None): (3) Failure to comply with all or any of the requirements of subsection (1) shall in no way affect the validity of
p.(None): any Code of Health and Disability Services Consumers’ Rights prescribed by regulations made under
p.(None): section 74(1).
p.(None):
p.(None): 23 Consultation on preparation and review of Code
p.(None): Without limiting section 14(2), the Commissioner shall, in carrying out the requirements of sections 19 and
p.(None): 21, consult with, and invite submissions from, such persons, bodies, organisations, and agencies,
p.(None): including—
p.(None): (a) representatives of health consumers, disability services consumers, health care providers, and
p.(None): disability services providers; and
p.(None): (b) the Ombudsmen, the Human Rights Commission, the Privacy Commissioner, the Children’s
p.(None): Commissioner, and the Director of Mental Health,—
p.(None): as the Commissioner considers necessary to ensure that a wide range of views is available to the
p.(None): Commissioner to assist in the preparation and review of the Code of Health and Disability Services
p.(None): Consumers’ Rights.
p.(None): Section 23(b): amended, on 26 November 2003, by section 37 of the Children’s Commissioner Act 2003 (2003 No 121).
p.(None): Section 23(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None):
p.(None):
p.(None): Part 3
p.(None): Health and Disability Services Consumer Advocacy Service
p.(None): 24 Director of Health and Disability Services Consumer Advocacy
p.(None): (1) For the purposes of this Act, the Commissioner shall from time to time designate one of its employees as
p.(None): the Director of Health and Disability Services Consumer Advocacy.
p.(None): (2) In exercising or performing the powers, duties, and functions of the Director of Advocacy under this Act,
p.(None): the person for the time being designated under subsection (1) shall not be responsible to the
p.(None): Commissioner but shall act independently.
p.(None): (3) Nothing in subsection (2) limits the responsibility of the Director of Advocacy to the Commissioner for the
p.(None): efficient, effective, and economical management of the activities of the Director of Advocacy.
p.(None): Section 24(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 25 Functions of Director of Advocacy
p.(None): The functions of the Director of Advocacy are as follows:
p.(None): (a) to administer advocacy services agreements:
p.(None): (b) to promote, by education and publicity, advocacy services:
p.(None): (c) to oversee the training of advocates:
p.(None): (d) to monitor the operation of advocacy services, and to report to the Minister from time to time on the
p.(None): results of that monitoring.
p.(None):
...
p.(None): Act. A printed version of the reprint produced directly from this official electronic version also has official
p.(None): status.
p.(None): 3 Editorial and format changes
p.(None): Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the
p.(None): Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/ .
p.(None): 4 Amendments incorporated in this reprint
p.(None): Abortion Legislation Act 2020 (2020 No 6): Part 2 subpart 3
p.(None): Social Workers Registration Legislation Act 2019 (2019 No 3): section 148
p.(None): Intelligence and Security Act 2017 (2017 No 10): section 335
p.(None): Contract and Commercial Law Act 2017 (2017 No 5): section 347
p.(None): Substance Addiction (Compulsory Assessment and Treatment) Act 2017 (2017 No 4): section 122(1)
p.(None): District Court Act 2016 (2016 No 49): section 261
p.(None): Health and Disability Commissioner Amendment Act 2013 (2013 No 120)
p.(None): Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.(None): Mental Health Commission Amendment Act 2012 (2012 No 42): section 5
p.(None): Criminal Procedure Act 2011 (2011 No 81): section 413
p.(None): Accident Compensation Amendment Act 2010 (2010 No 1): section 5(1)(b)
p.(None): Human Tissue Act 2008 (2008 No 28): section 90
p.(None): Health and Disability Commissioner Amendment Act 2007 (2007 No 62)
p.(None): Relationships (Statutory References) Act 2005 (2005 No 3): section 7
p.(None): Crown Entities Act 2004 (2004 No 115): section 200
p.(None): Children’s Commissioner Act 2003 (2003 No 121): section 37
p.(None): Health and Disability Commissioner Amendment Act 2003 (2003 No 49)
p.(None): Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
p.(None): Public Trust Act 2001 (2001 No 100): sections 152(1), 170(1)
p.(None): Human Rights Amendment Act 2001 (2001 No 96): section 71(1)
p.(None): Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(1)
p.(None): Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49): section 337(1)
p.(None): New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1)
p.(None): Children’s Health Camps Board Dissolution Act 1999 (1999 No 141): section 8
p.(None): Medical Practitioners Act 1995 (1995 No 95): section 143(1)
p.(None): Health and Disability Commissioner Act Commencement Order 1996 (SR 1996/79)
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Home Advanced search Browse About this site Contact us News
p.(None): Site map Glossary Accessibility Copyright Privacy Disclaimer
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Social / Ethnicity
Searching for indicator ethnic:
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p.(None): vacancy; or
p.(None): (b) if there is no such notice, the longest serving person appointed under this section.
p.(None): Section 9: replaced, on 1 July 2012, by section 5(2) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None): Section 9(1A): inserted, on 5 December 2013, by section 4 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): 10 Qualifications for appointment
p.(None): (1) No person shall be recommended for appointment as the Commissioner unless, in the opinion of the
p.(None): Minister, the person is qualified for appointment, having regard to the following matters:
p.(None): (a) the functions and powers of the Commissioner:
p.(None): (b) the person’s personal attributes:
p.(None): (c) the person’s knowledge of, or experience in,—
p.(None): (i) the New Zealand health care system:
p.(None): (ii) the New Zealand disability services system:
p.(None): (iii) the resolution of disputes, including mediation and arbitration:
p.(None): (d) the person’s understanding of the various needs of health consumers:
p.(None): (e) the person’s understanding of the various needs of disability services consumers:
p.(None): (f) the person’s knowledge and recognition of the aims and aspirations of Maori:
p.(None): (g) the person’s recognition of the social, cultural, and religious values of different cultural and ethnic
p.(None): groups in New Zealand.
p.(None): (2) Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
p.(None): (3) In addition to the matters in section 30(2) of the Crown Entities Act 2004, a member of a local authority is
p.(None): disqualified from being appointed as Commissioner.
p.(None): Section 10(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 10(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 11 Commissioner to hold no other office
p.(None): [Repealed]
p.(None): Section 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 12 Term of office
p.(None): [Repealed]
p.(None): Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 13 Vacation of office
p.(None): [Repealed]
p.(None): Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 14 Functions of Commissioner
p.(None): (1) The functions of the Commissioner are as follows:
p.(None): (a) as a first priority, to prepare a draft Code of Health and Disability Services Consumers’ Rights in
p.(None): accordance with section 19:
p.(None): (b) in accordance with section 21, to review the Code and make to the Minister any recommendations
p.(None): for changes to the Code:
p.(None): (c) to promote, by education and publicity, respect for and observance of the rights of health consumers
...
p.(None): Commissioner shall, as soon as practicable after the expiry of that period, and then at intervals of not
p.(None): more than 3 months until a draft Code has been so forwarded, report to the Minister on the progress made
p.(None): in the preparation of the draft Code.
p.(None):
p.(None): 20 Content of Code
p.(None): (1) A Code of Health and Disability Services Consumers’ Rights prescribed by regulations made under
p.(None): section 74(1) shall contain provisions relating to the following matters:
p.(None): (a) the principle that, except where any enactment or any provision of the Code otherwise provides, no
p.(None): health care procedure shall be carried out without informed consent:
p.(None): (b) the duties and obligations of health care providers as they relate to the principle set out in paragraph
p.(None): (a):
p.(None): (c) the rights of health consumers and disability services consumers, and the duties and obligations of
p.(None): health care providers and disability services providers, as they relate to—
p.(None): (i) matters of privacy (other than matters that may be the subject of a complaint under Part 7 or
p.(None): Part 8 of the Privacy Act 1993 or matters to which Part 10 of that Act relates):
p.(None): (ii) health teaching and health research:
p.(None): (iii) the provision of services that take into account the needs, values, and beliefs of different
p.(None): cultural, religious, social, and ethnic groups:
p.(None): (d) the duties of health care providers and disability services providers as they relate to the measures
p.(None): (including the provision of interpreters) necessary to enable health consumers and disability
p.(None): services consumers to communicate effectively with health care providers and disability services
p.(None): providers:
p.(None): (e) the establishment and maintenance, by health care providers and disability services providers, of
p.(None): procedures for dealing with complaints against them by health consumers or disability services
p.(None): consumers, or both, and access by health consumers and disability services consumers to such
p.(None): procedures:
p.(None): (f) the duties of health care providers and disability services providers to provide services of an
p.(None): appropriate standard:
p.(None): (g) the duties of health care providers and disability services providers to provide services in a manner
p.(None): that respects the dignity and independence of the individual.
p.(None): (2) Without limiting the generality of subsection (1), a Code of Health and Disability Services Consumers’
p.(None): Rights prescribed by regulations made under section 74(1) may provide for—
...
p.(None): Without limiting section 14(2), the Commissioner shall, before issuing any guidelines or amendments to
p.(None): guidelines pursuant to subsection (1) or subsection (3) of section 28, consult with, and invite
p.(None): representations from, such persons, bodies, organisations, and agencies, including representatives of
p.(None): health consumers, disability services consumers, health care providers, and disability services providers,
p.(None): as the Commissioner considers necessary to ensure that a wide range of views is available to the
p.(None): Commissioner to assist in the preparation of those guidelines or amendments.
p.(None):
p.(None): 30 Functions of advocates
p.(None): An advocate shall have the following functions:
p.(None): (a) to act as an advocate for health consumers and disability services consumers:
p.(None): (b) to use his or her best endeavours to ensure that—
p.(None): (i) health consumers on or in respect of whom any health care procedure is carried out, or is
p.(None): proposed to be carried out, by a health care provider; and
p.(None): (ii) disability services consumers to whom disability services are provided, or are proposed to be
p.(None): provided, by a disability services provider—
p.(None): are made aware of the provisions of the Code:
p.(None): (c) having regard to the needs, values, and beliefs of different cultural, religious, social, and ethnic
p.(None): groups, to provide information and assistance to health consumers, disability services consumers,
p.(None): and members of the public for the purposes of—
p.(None): (i) promoting awareness of the rights of health consumers and of disability services consumers:
p.(None): (ii) promoting awareness of the procedures available for the resolution of complaints involving a
p.(None): possible breach of the Code:
p.(None): (d) to provide to health consumers or, where applicable, persons entitled to consent on a health
p.(None): consumer’s behalf such assistance as may be necessary to ensure—
p.(None): (i) that the health consumer’s or, as the case may be, that person’s consent to the carrying out of
p.(None): health care procedures is obtained; and
p.(None): (ii) that that consent is informed consent:
p.(None): (e) to promote, by education and publicity, an understanding of, and compliance with, the principle that,
p.(None): except where any enactment or any provision of the Code otherwise provides, no health care
p.(None): procedure shall be carried out without informed consent:
p.(None): (f) in respect of health care providers and disability services providers in the area that the advocate
p.(None): serves,—
p.(None): (i) to provide information on the rights of health consumers and disability services consumers:
...
Social / Marital Status
Searching for indicator married:
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p.(None): party.
p.(None): Compare: 1993 No 82 s 84
p.(None): Section 55(1)(a): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 55(1)(b)(i): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.(None):
p.(None): 56 Proof of exceptions
p.(None): Where, by any provision of the Code, conduct is excepted from conduct that is in breach of the Code, the
p.(None): onus of proving the exception in any proceedings under this Part lies upon the defendant.
p.(None): Compare: 1993 No 82 s 85
p.(None):
p.(None): 57 Damages
p.(None): (1) Subject to section 52(2), in any proceedings under section 50 or section 51, the Tribunal may award
p.(None): damages against the defendant for a breach of any of the provisions of the Code in respect of any 1 or
p.(None): more of the following:
p.(None): (a) pecuniary loss suffered as a result of, and expenses reasonably incurred by the aggrieved person
p.(None): for the purpose of, the transaction or activity out of which the breach arose:
p.(None): (b) loss of any benefit, whether or not of a monetary kind, which the aggrieved person might reasonably
p.(None): have been expected to obtain but for the breach:
p.(None): (c) humiliation, loss of dignity, and injury to the feelings of the aggrieved person:
p.(None): (d) any action of the defendant that was in flagrant disregard of the rights of the aggrieved person.
p.(None): (2) Subject to subsections (3) to (5), the Commissioner shall pay damages recovered by the Director of
p.(None): Proceedings under this section to the aggrieved person on whose behalf the proceedings were brought.
p.(None): (3) If the aggrieved person is a minor who is not married or in a civil union , the Commissioner may, in his or
p.(None): her discretion, pay the damages to Public Trust or to any person or trustee corporation acting as the
p.(None): manager of any property of that person.
p.(None): (4) If the aggrieved person is a mentally disordered person within the meaning of section 2 of the Mental
p.(None): Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under
p.(None): the Protection of Personal and Property Rights Act 1988, the Commissioner may, in his or her discretion,
p.(None): pay the damages to Public Trust.
p.(None): (5) If the aggrieved person is a person whose property is being managed under the Protection of Personal
p.(None): and Property Rights Act 1988, the Commissioner shall ascertain whether the terms of the property order
p.(None): cover management of money received as damages and,—
p.(None): (a) if damages fall within the terms of the property order, the Commissioner shall pay the damages to
p.(None): the person or trustee corporation acting as the property manager; or
p.(None): (b) if damages do not fall within the terms of the property order, the Commissioner may, in his or her
p.(None): discretion, pay the damages to Public Trust.
p.(None): (6) Where money is paid to Public Trust under subsection (3) or subsection (4) or subsection (5),—
p.(None): (a) sections 103 to 110 of the Contract and Commercial Law Act 2017 shall apply in the case of a minor
p.(None): who is not married or in a civil union; and
p.(None): (b) sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply,
p.(None): with any necessary modifications, in the case of a person referred to in subsection (4) or subsection
p.(None): (5)(b); and
p.(None): (c) section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any
p.(None): necessary modifications, in the case of a person referred to in subsection (5)(a).
p.(None): Compare: 1993 No 82 s 88
p.(None): Section 57(3): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.(None): Section 57(3): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(4): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(5)(b): amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6)(a): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
p.(None): Section 57(6)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.(None): Section 57(6)(b): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6)(c): added, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None):
...
Social / Police Officer
Searching for indicator officer:
(return to top)
p.(None): in subsection (1), as long as each referral is authorised by a paragraph of that subsection.
p.(None): (5) A reference of a complaint under subsection (1) does not preclude the Commissioner from taking action
p.(None): on the complaint himself or herself.
p.(None): Section 34: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 34(1)(b): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010
p.(None): No 1).
p.(None):
p.(None): 35 Agencies or persons to keep Commissioner informed about referred complaints
p.(None): Each agency or person to whom a complaint is referred under section 34 must—
p.(None): (a) promptly acknowledge receipt of the complaint; and
p.(None): (b) promptly advise the Commissioner of any significant step taken in its consideration or examination
p.(None): of the complaint; and
p.(None): (c) promptly advise the Commissioner of the outcome of its consideration or examination of the
p.(None): complaint.
p.(None): Section 35: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 36 Referrals of complaints to certain statutory officers
p.(None): (1) If, at any time after completing a preliminary assessment of a complaint, the Commissioner considers that
p.(None): the complaint relates, in whole or in part, to a matter that is more properly within the scope of the functions
p.(None): of one of the statutory officers specified in subsection (4), the Commissioner must promptly consult with
p.(None): that officer in order to determine the appropriate means of dealing with the complaint.
p.(None): (2) As soon as reasonably practicable after consulting with the officer concerned, the Commissioner must
p.(None): determine whether the complaint should be dealt with, in whole or in part, under this Act.
p.(None): (3) If the Commissioner determines that the complaint should be dealt with, in whole or in part, by one of the
p.(None): officers specified in subsection (4), the Commissioner must promptly—
p.(None): (a) refer the complaint or, as the case requires, the appropriate part of the complaint to that officer; and
p.(None): (b) notify the complainant and the health care provider or the disability services provider to whom the
p.(None): complaint relates of the action that has been taken.
p.(None): (4) The statutory officers referred to in subsection (1) are—
p.(None): (a) the Chief Commissioner under the Human Rights Act 1993 :
p.(None): (b) the Chief Ombudsman:
p.(None): (c) the Privacy Commissioner.
p.(None): Section 36: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 37 Commissioner may refer complaint to advocate
p.(None): (1) At any time after completing a preliminary assessment of a complaint (whether or not the Commissioner is
p.(None): investigating, or continuing to investigate, the complaint himself or herself), the Commissioner may refer
p.(None): the complaint to an advocate for the purpose of resolving the matter by agreement between the parties
p.(None): concerned.
p.(None): (2) On a referral of a complaint, under subsection (1), the advocate must—
p.(None): (a) use his or her best endeavours to resolve the complaint by agreement between the parties
p.(None): concerned; and
p.(None): (b) report the results of those endeavours to the Commissioner.
p.(None): (3) Every report made under subsection (2)(b) must record—
p.(None): (a) the terms of any agreement reached between the parties concerned; and
p.(None): (b) if agreement is not reached on all matters, those matters on which agreement is reached and those
p.(None): matters on which no agreement is reached; and
p.(None): (c) any other matters that the advocate thinks fit.
p.(None): (4) A copy of every report made under subsection (2)(b) must, on request, be made available by the
...
p.(None): No 120).
p.(None):
p.(None): Commissioner required to share certain information
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 39 Commissioner to inform agencies of certain risks
p.(None): (1) Whenever the Commissioner has reason to believe that the practice of a health practitioner may pose a
p.(None): risk of harm to the public, the Commissioner must promptly notify the appropriate authority of that belief
p.(None): and the reasons for it.
p.(None): (2) Whenever the Commissioner has reason to believe that failures or inadequacies in the systems or
p.(None): practices of a health care provider or a disability services provider are harming or are likely to harm the
p.(None): health or safety of members of the public, the Commissioner must promptly notify the Director-General of
p.(None): Health of that belief and the reasons for it.
p.(None): (3) If, during or after an investigation, the Commissioner is of the opinion that there is evidence of a significant
p.(None): breach of duty or misconduct on the part of a health care provider or disability services provider or an
p.(None): officer or employee or member of a health care provider or disability services provider, the Commissioner
p.(None): must promptly refer the matter to the appropriate person or agency.
p.(None): Section 39: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Investigations by Commissioner
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 40 Commissioner may investigate breaches
p.(None): (1) The Commissioner may decide to investigate any action of a health care provider or a disability services
p.(None): provider if the action is, or appears to the Commissioner to be, in breach of the Code.
p.(None): (2) The Commissioner may investigate any action of a health practitioner that was taken at any time before
p.(None): 1 July 1996, if it appears that the action affected a health consumer and was, at the time that it was taken,
p.(None): a ground for bringing disciplinary proceedings against the health practitioner under a former health
p.(None): registration enactment.
p.(None): (3) The Commissioner may investigate an action under this section either on complaint or on the
p.(None): Commissioner’s own initiative.
p.(None): Section 40: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 41 Complainant and provider to be notified of investigation
...
p.(None):
p.(None): 54 Powers of Human Rights Review Tribunal
p.(None): (1) If, in any proceedings under section 50 or section 51, the Tribunal is satisfied on the balance of
p.(None): probabilities that any action of the defendant is in breach of the Code, it may grant 1 or more of the
p.(None): following remedies:
p.(None): (a) a declaration that the action of the defendant is in breach of the Code:
p.(None): (b) an order restraining the defendant from continuing or repeating the breach, or from engaging in, or
p.(None): causing or permitting others to engage in, conduct of the same kind as that constituting the breach,
p.(None): or conduct of any similar kind specified in the order:
p.(None): (c) damages in accordance with section 57:
p.(None): (d) an order that the defendant perform any acts specified in the order with a view to redressing any
p.(None): loss or damage suffered by the aggrieved person as a result of the breach:
p.(None): (e) such other relief as the Tribunal thinks fit.
p.(None): (2) In any proceedings under section 50 or section 51, the Tribunal may award such costs against the
p.(None): defendant as it thinks fit, whether or not it makes any other order, or may award costs against the plaintiff,
p.(None): or may decline to award costs against either party.
p.(None): (3) Where the Director of Proceedings is the plaintiff, any costs awarded against him or her shall be paid by
p.(None): the Commissioner, and the Commissioner shall not be entitled to be indemnified by the complainant or, as
p.(None): the case may be, the aggrieved person.
p.(None): (4) It shall not be a defence to proceedings under section 50 or section 51 that the breach was unintentional
p.(None): or without negligence on the part of the defendant or any officer or employee or member of the defendant,
p.(None): but the Tribunal shall take the conduct of the defendant or, as the case may require, of any officer or
p.(None): employee or member of the defendant into account in deciding what, if any, remedy to grant.
p.(None): (5) In any proceedings under section 50 or section 51 in respect of any action of a health practitioner, the
p.(None): Tribunal shall, where that action has been the subject of disciplinary proceedings, have regard to the
p.(None): findings of the body before which those disciplinary proceedings were heard and to any penalty imposed
p.(None): on that health practitioner in those proceedings.
p.(None): Compare: 1993 No 82 ss 86(2), (3), 87
p.(None): Section 54 heading: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 54(5): amended, on 18 September 2004, by section 16 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 55 Right of Director of Proceedings to appear in proceedings
p.(None): (1) The Director of Proceedings may appear and be heard, in person or by counsel,—
p.(None): (a) in any proceedings under this Act before the Human Rights Review Tribunal; and
p.(None): (b) in any proceedings in—
p.(None): (i) the District Court; or
p.(None): (ii) the High Court; or
p.(None): (iii) the Court of Appeal,—
p.(None): in relation to any proceedings that are or have been before the Tribunal under this Act,—
p.(None): whether or not the Director of Proceedings is or was a party to the proceedings before the Tribunal.
p.(None): (2) Where, pursuant to subsection (1), the Director of Proceedings appears in any proceedings of a kind
p.(None): described in that subsection, he or she shall, unless those proceedings are by way of appeal, have the
p.(None): right—
...
Social / Property Ownership
Searching for indicator home:
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p.(None): QUICK SEARCH
p.(None): Printing order Tagged sections/clauses Web feeds?
p.(None): New Zealand Legislation All SEARCH
p.(None):
p.(None): title content ? My recent searches
p.(None):
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p.(None):
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p.(None): Advanced search Add to web
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p.(None): Health and Disability Commissioner Act 1994
p.(None): How the site works
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p.(None):
p.(None): Reprint as at 24 March 2020
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Health and Disability Commissioner Act 1994
p.(None): Public Act 1994 No 88
p.(None): Date of assent 20 October 1994
p.(None): Commencement see section 1
p.(None):
p.(None): Note
p.(None): Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
p.(None): Note 4 at the end of this reprint provides a list of the amendments incorporated.
p.(None):
...
p.(None): Criminal Procedure Act 2011 (2011 No 81): section 413
p.(None): Accident Compensation Amendment Act 2010 (2010 No 1): section 5(1)(b)
p.(None): Human Tissue Act 2008 (2008 No 28): section 90
p.(None): Health and Disability Commissioner Amendment Act 2007 (2007 No 62)
p.(None): Relationships (Statutory References) Act 2005 (2005 No 3): section 7
p.(None): Crown Entities Act 2004 (2004 No 115): section 200
p.(None): Children’s Commissioner Act 2003 (2003 No 121): section 37
p.(None): Health and Disability Commissioner Amendment Act 2003 (2003 No 49)
p.(None): Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
p.(None): Public Trust Act 2001 (2001 No 100): sections 152(1), 170(1)
p.(None): Human Rights Amendment Act 2001 (2001 No 96): section 71(1)
p.(None): Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(1)
p.(None): Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49): section 337(1)
p.(None): New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1)
p.(None): Children’s Health Camps Board Dissolution Act 1999 (1999 No 141): section 8
p.(None): Medical Practitioners Act 1995 (1995 No 95): section 143(1)
p.(None): Health and Disability Commissioner Act Commencement Order 1996 (SR 1996/79)
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): Home Advanced search Browse About this site Contact us News
p.(None): Site map Glossary Accessibility Copyright Privacy Disclaimer
...
Searching for indicator property:
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p.(None):
p.(None): 56 Proof of exceptions
p.(None): Where, by any provision of the Code, conduct is excepted from conduct that is in breach of the Code, the
p.(None): onus of proving the exception in any proceedings under this Part lies upon the defendant.
p.(None): Compare: 1993 No 82 s 85
p.(None):
p.(None): 57 Damages
p.(None): (1) Subject to section 52(2), in any proceedings under section 50 or section 51, the Tribunal may award
p.(None): damages against the defendant for a breach of any of the provisions of the Code in respect of any 1 or
p.(None): more of the following:
p.(None): (a) pecuniary loss suffered as a result of, and expenses reasonably incurred by the aggrieved person
p.(None): for the purpose of, the transaction or activity out of which the breach arose:
p.(None): (b) loss of any benefit, whether or not of a monetary kind, which the aggrieved person might reasonably
p.(None): have been expected to obtain but for the breach:
p.(None): (c) humiliation, loss of dignity, and injury to the feelings of the aggrieved person:
p.(None): (d) any action of the defendant that was in flagrant disregard of the rights of the aggrieved person.
p.(None): (2) Subject to subsections (3) to (5), the Commissioner shall pay damages recovered by the Director of
p.(None): Proceedings under this section to the aggrieved person on whose behalf the proceedings were brought.
p.(None): (3) If the aggrieved person is a minor who is not married or in a civil union , the Commissioner may, in his or
p.(None): her discretion, pay the damages to Public Trust or to any person or trustee corporation acting as the
p.(None): manager of any property of that person.
p.(None): (4) If the aggrieved person is a mentally disordered person within the meaning of section 2 of the Mental
p.(None): Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under
p.(None): the Protection of Personal and Property Rights Act 1988, the Commissioner may, in his or her discretion,
p.(None): pay the damages to Public Trust.
p.(None): (5) If the aggrieved person is a person whose property is being managed under the Protection of Personal
p.(None): and Property Rights Act 1988, the Commissioner shall ascertain whether the terms of the property order
p.(None): cover management of money received as damages and,—
p.(None): (a) if damages fall within the terms of the property order, the Commissioner shall pay the damages to
p.(None): the person or trustee corporation acting as the property manager; or
p.(None): (b) if damages do not fall within the terms of the property order, the Commissioner may, in his or her
p.(None): discretion, pay the damages to Public Trust.
p.(None): (6) Where money is paid to Public Trust under subsection (3) or subsection (4) or subsection (5),—
p.(None): (a) sections 103 to 110 of the Contract and Commercial Law Act 2017 shall apply in the case of a minor
p.(None): who is not married or in a civil union; and
p.(None): (b) sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply,
p.(None): with any necessary modifications, in the case of a person referred to in subsection (4) or subsection
p.(None): (5)(b); and
p.(None): (c) section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any
p.(None): necessary modifications, in the case of a person referred to in subsection (5)(a).
p.(None): Compare: 1993 No 82 s 88
p.(None): Section 57(3): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.(None): Section 57(3): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(4): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(5)(b): amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6)(a): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
p.(None): Section 57(6)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.(None): Section 57(6)(b): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6)(c): added, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None):
p.(None): 58 Certain provisions of Human Rights Act 1993 to apply
p.(None): Sections 92Q to 92W and Part 4 of the Human Rights Act 1993 shall apply, with such modifications as are
p.(None): necessary, in respect of proceedings under section 50 or section 51 of this Act as if they were
p.(None): proceedings under section 92E of that Act.
p.(None): Compare: 1993 No 28 s 89; 1993 No 82 s 145
p.(None): Section 58: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None):
p.(None):
p.(None): Part 5
p.(None): Miscellaneous provisions
p.(None): Miscellaneous provisions
p.(None):
...
Social / Religion
Searching for indicator faith:
(return to top)
p.(None): matters on which no agreement is reached; and
p.(None): (c) any other matters that the advocate thinks fit.
p.(None): (4) A copy of every report made under subsection (2)(b) must, on request, be made available by the
p.(None): Commissioner to each of the parties concerned.
p.(None): Section 37: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Decision to take no action
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 38 Commissioner may decide to take no action or no further action on complaint
p.(None): (1) At any time after completing a preliminary assessment of a complaint (whether or not the Commissioner is
p.(None): investigating, or continuing to investigate, the complaint himself or herself), the Commissioner may, at his
p.(None): or her discretion, decide to take no action or, as the case may require, no further action on the complaint if
p.(None): the Commissioner considers that, having regard to all the circumstances of the case, any action or further
p.(None): action is unnecessary or inappropriate.
p.(None): (2) The Commissioner’s consideration under subsection (1) may, in particular, take into account any of the
p.(None): following matters:
p.(None): (a) the length of time that has elapsed between the date when the subject matter of the complaint arose
p.(None): and the date when the complaint was made:
p.(None): (b) whether the subject matter of the complaint is trivial:
p.(None): (c) whether the complaint is frivolous or vexatious or is not made in good faith:
p.(None): (d) whether the person alleged to be aggrieved does not want any action taken or, as the case may be,
p.(None): continued:
p.(None): (e) whether there is in all the circumstances an adequate remedy or right of appeal, other than the right
p.(None): to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be
p.(None): reasonable for the person alleged to be aggrieved to exercise.
p.(None): (3) Subsection (2) does not detract from the generality of subsection (1).
p.(None): (4) In any case where the Commissioner decides to take no action, or no further action, on a complaint, the
p.(None): Commissioner must inform the following persons and agencies of that decision and the reasons for it:
p.(None): (a) the complainant:
p.(None): (b) the health care provider or the disability services provider to whom the complaint relates:
p.(None): (c) any agency or any person to whom the complaint has, in accordance with section 34 or section 36,
p.(None): been referred:
p.(None): (d) any advocate to whom the complaint has been referred.
p.(None): Section 38: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 38 heading: amended, on 5 December 2013, by section 5 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): Commissioner required to share certain information
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 39 Commissioner to inform agencies of certain risks
...
Searching for indicator belief:
(return to top)
p.(None): (3) Subsection (2) does not detract from the generality of subsection (1).
p.(None): (4) In any case where the Commissioner decides to take no action, or no further action, on a complaint, the
p.(None): Commissioner must inform the following persons and agencies of that decision and the reasons for it:
p.(None): (a) the complainant:
p.(None): (b) the health care provider or the disability services provider to whom the complaint relates:
p.(None): (c) any agency or any person to whom the complaint has, in accordance with section 34 or section 36,
p.(None): been referred:
p.(None): (d) any advocate to whom the complaint has been referred.
p.(None): Section 38: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 38 heading: amended, on 5 December 2013, by section 5 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): Commissioner required to share certain information
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 39 Commissioner to inform agencies of certain risks
p.(None): (1) Whenever the Commissioner has reason to believe that the practice of a health practitioner may pose a
p.(None): risk of harm to the public, the Commissioner must promptly notify the appropriate authority of that belief
p.(None): and the reasons for it.
p.(None): (2) Whenever the Commissioner has reason to believe that failures or inadequacies in the systems or
p.(None): practices of a health care provider or a disability services provider are harming or are likely to harm the
p.(None): health or safety of members of the public, the Commissioner must promptly notify the Director-General of
p.(None): Health of that belief and the reasons for it.
p.(None): (3) If, during or after an investigation, the Commissioner is of the opinion that there is evidence of a significant
p.(None): breach of duty or misconduct on the part of a health care provider or disability services provider or an
p.(None): officer or employee or member of a health care provider or disability services provider, the Commissioner
p.(None): must promptly refer the matter to the appropriate person or agency.
p.(None): Section 39: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Investigations by Commissioner
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 40 Commissioner may investigate breaches
p.(None): (1) The Commissioner may decide to investigate any action of a health care provider or a disability services
p.(None): provider if the action is, or appears to the Commissioner to be, in breach of the Code.
p.(None): (2) The Commissioner may investigate any action of a health practitioner that was taken at any time before
p.(None): 1 July 1996, if it appears that the action affected a health consumer and was, at the time that it was taken,
p.(None): a ground for bringing disciplinary proceedings against the health practitioner under a former health
p.(None): registration enactment.
...
Searching for indicator conviction:
(return to top)
p.(None): unless it is done or omitted without that employing authority’s express or implied authority, precedent or
p.(None): subsequent.
p.(None): (4) Anything done or omitted by a person as a member of an employing authority shall, for the purposes of
p.(None): this Act, be treated as done or omitted by that employing authority as well as by the first-mentioned
p.(None): person, unless it is done or omitted without that employing authority’s express or implied authority,
p.(None): precedent or subsequent.
p.(None): (5) In any proceedings under this Act against any employing authority in respect of anything alleged to have
p.(None): been done or omitted by an employee of that employing authority, it shall be a defence for that employing
p.(None): authority to prove that he or she or it took such steps as were reasonably practicable to prevent the
p.(None): employee from doing or omitting to do that thing, or from doing or omitting to do as an employee of the
p.(None): employing authority things of that description.
p.(None): Compare: 1993 No 82 s 68
p.(None):
p.(None): Offences
p.(None): 73 Offences
p.(None): Every person commits an offence against this Act and is liable on conviction to a fine not exceeding
p.(None): $3,000 who,—
p.(None): (a) without reasonable excuse, obstructs, hinders, or resists the Commissioner or any other person in
p.(None): the exercise of their powers under this Act:
p.(None): (b) without reasonable excuse, refuses or fails to comply with any lawful requirement of the
p.(None): Commissioner or any other person under this Act:
p.(None): (c) makes any statement or gives any information to the Commissioner or any other person exercising
p.(None): powers under this Act, knowing that the statement or information is false or misleading:
p.(None): (d) represents directly or indirectly that he or she holds any authority under this Act when he or she
p.(None): does not hold that authority.
p.(None): Compare: 1975 No 9 s 30
p.(None): Section 73: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None): Regulations
p.(None):
p.(None): 74 Regulations
p.(None): (1) The Governor-General may from time to time, by Order in Council, make regulations prescribing a Code
p.(None): of Health and Disability Services Consumers’ Rights.
p.(None): (2) In addition to the power conferred by subsection (1), the Governor-General may from time to time, by
p.(None): Order in Council, make regulations for all or any of the following purposes:
p.(None): (a) prescribing the procedure for the service of notices and other documents under this Act:
p.(None): (b) providing for such matters as are contemplated by or necessary for giving effect to this Act and for
p.(None): its due administration.
p.(None):
p.(None): 75 Where regulations made against or without advice of Commissioner
...
Searching for indicator religious:
(return to top)
p.(None): (a) a person appointed under this section who is nominated for the purpose by the Commissioner
p.(None): before the absence or vacancy by a written notice that is in force at the time of the absence or
p.(None): vacancy; or
p.(None): (b) if there is no such notice, the longest serving person appointed under this section.
p.(None): Section 9: replaced, on 1 July 2012, by section 5(2) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None): Section 9(1A): inserted, on 5 December 2013, by section 4 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): 10 Qualifications for appointment
p.(None): (1) No person shall be recommended for appointment as the Commissioner unless, in the opinion of the
p.(None): Minister, the person is qualified for appointment, having regard to the following matters:
p.(None): (a) the functions and powers of the Commissioner:
p.(None): (b) the person’s personal attributes:
p.(None): (c) the person’s knowledge of, or experience in,—
p.(None): (i) the New Zealand health care system:
p.(None): (ii) the New Zealand disability services system:
p.(None): (iii) the resolution of disputes, including mediation and arbitration:
p.(None): (d) the person’s understanding of the various needs of health consumers:
p.(None): (e) the person’s understanding of the various needs of disability services consumers:
p.(None): (f) the person’s knowledge and recognition of the aims and aspirations of Maori:
p.(None): (g) the person’s recognition of the social, cultural, and religious values of different cultural and ethnic
p.(None): groups in New Zealand.
p.(None): (2) Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
p.(None): (3) In addition to the matters in section 30(2) of the Crown Entities Act 2004, a member of a local authority is
p.(None): disqualified from being appointed as Commissioner.
p.(None): Section 10(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 10(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 11 Commissioner to hold no other office
p.(None): [Repealed]
p.(None): Section 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 12 Term of office
p.(None): [Repealed]
p.(None): Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 13 Vacation of office
p.(None): [Repealed]
p.(None): Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 14 Functions of Commissioner
p.(None): (1) The functions of the Commissioner are as follows:
p.(None): (a) as a first priority, to prepare a draft Code of Health and Disability Services Consumers’ Rights in
p.(None): accordance with section 19:
p.(None): (b) in accordance with section 21, to review the Code and make to the Minister any recommendations
p.(None): for changes to the Code:
p.(None): (c) to promote, by education and publicity, respect for and observance of the rights of health consumers
...
p.(None): Commissioner has not forwarded a draft Code to the Minister in accordance with subsection (1), the
p.(None): Commissioner shall, as soon as practicable after the expiry of that period, and then at intervals of not
p.(None): more than 3 months until a draft Code has been so forwarded, report to the Minister on the progress made
p.(None): in the preparation of the draft Code.
p.(None):
p.(None): 20 Content of Code
p.(None): (1) A Code of Health and Disability Services Consumers’ Rights prescribed by regulations made under
p.(None): section 74(1) shall contain provisions relating to the following matters:
p.(None): (a) the principle that, except where any enactment or any provision of the Code otherwise provides, no
p.(None): health care procedure shall be carried out without informed consent:
p.(None): (b) the duties and obligations of health care providers as they relate to the principle set out in paragraph
p.(None): (a):
p.(None): (c) the rights of health consumers and disability services consumers, and the duties and obligations of
p.(None): health care providers and disability services providers, as they relate to—
p.(None): (i) matters of privacy (other than matters that may be the subject of a complaint under Part 7 or
p.(None): Part 8 of the Privacy Act 1993 or matters to which Part 10 of that Act relates):
p.(None): (ii) health teaching and health research:
p.(None): (iii) the provision of services that take into account the needs, values, and beliefs of different
p.(None): cultural, religious, social, and ethnic groups:
p.(None): (d) the duties of health care providers and disability services providers as they relate to the measures
p.(None): (including the provision of interpreters) necessary to enable health consumers and disability
p.(None): services consumers to communicate effectively with health care providers and disability services
p.(None): providers:
p.(None): (e) the establishment and maintenance, by health care providers and disability services providers, of
p.(None): procedures for dealing with complaints against them by health consumers or disability services
p.(None): consumers, or both, and access by health consumers and disability services consumers to such
p.(None): procedures:
p.(None): (f) the duties of health care providers and disability services providers to provide services of an
p.(None): appropriate standard:
p.(None): (g) the duties of health care providers and disability services providers to provide services in a manner
p.(None): that respects the dignity and independence of the individual.
p.(None): (2) Without limiting the generality of subsection (1), a Code of Health and Disability Services Consumers’
p.(None): Rights prescribed by regulations made under section 74(1) may provide for—
...
p.(None):
p.(None): 29 Consultation on preparation of guidelines
p.(None): Without limiting section 14(2), the Commissioner shall, before issuing any guidelines or amendments to
p.(None): guidelines pursuant to subsection (1) or subsection (3) of section 28, consult with, and invite
p.(None): representations from, such persons, bodies, organisations, and agencies, including representatives of
p.(None): health consumers, disability services consumers, health care providers, and disability services providers,
p.(None): as the Commissioner considers necessary to ensure that a wide range of views is available to the
p.(None): Commissioner to assist in the preparation of those guidelines or amendments.
p.(None):
p.(None): 30 Functions of advocates
p.(None): An advocate shall have the following functions:
p.(None): (a) to act as an advocate for health consumers and disability services consumers:
p.(None): (b) to use his or her best endeavours to ensure that—
p.(None): (i) health consumers on or in respect of whom any health care procedure is carried out, or is
p.(None): proposed to be carried out, by a health care provider; and
p.(None): (ii) disability services consumers to whom disability services are provided, or are proposed to be
p.(None): provided, by a disability services provider—
p.(None): are made aware of the provisions of the Code:
p.(None): (c) having regard to the needs, values, and beliefs of different cultural, religious, social, and ethnic
p.(None): groups, to provide information and assistance to health consumers, disability services consumers,
p.(None): and members of the public for the purposes of—
p.(None): (i) promoting awareness of the rights of health consumers and of disability services consumers:
p.(None): (ii) promoting awareness of the procedures available for the resolution of complaints involving a
p.(None): possible breach of the Code:
p.(None): (d) to provide to health consumers or, where applicable, persons entitled to consent on a health
p.(None): consumer’s behalf such assistance as may be necessary to ensure—
p.(None): (i) that the health consumer’s or, as the case may be, that person’s consent to the carrying out of
p.(None): health care procedures is obtained; and
p.(None): (ii) that that consent is informed consent:
p.(None): (e) to promote, by education and publicity, an understanding of, and compliance with, the principle that,
p.(None): except where any enactment or any provision of the Code otherwise provides, no health care
p.(None): procedure shall be carried out without informed consent:
p.(None): (f) in respect of health care providers and disability services providers in the area that the advocate
p.(None): serves,—
...
Social / Trade Union Membership
Searching for indicator union:
(return to top)
p.(None): Compare: 1993 No 82 s 84
p.(None): Section 55(1)(a): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 55(1)(b)(i): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.(None):
p.(None): 56 Proof of exceptions
p.(None): Where, by any provision of the Code, conduct is excepted from conduct that is in breach of the Code, the
p.(None): onus of proving the exception in any proceedings under this Part lies upon the defendant.
p.(None): Compare: 1993 No 82 s 85
p.(None):
p.(None): 57 Damages
p.(None): (1) Subject to section 52(2), in any proceedings under section 50 or section 51, the Tribunal may award
p.(None): damages against the defendant for a breach of any of the provisions of the Code in respect of any 1 or
p.(None): more of the following:
p.(None): (a) pecuniary loss suffered as a result of, and expenses reasonably incurred by the aggrieved person
p.(None): for the purpose of, the transaction or activity out of which the breach arose:
p.(None): (b) loss of any benefit, whether or not of a monetary kind, which the aggrieved person might reasonably
p.(None): have been expected to obtain but for the breach:
p.(None): (c) humiliation, loss of dignity, and injury to the feelings of the aggrieved person:
p.(None): (d) any action of the defendant that was in flagrant disregard of the rights of the aggrieved person.
p.(None): (2) Subject to subsections (3) to (5), the Commissioner shall pay damages recovered by the Director of
p.(None): Proceedings under this section to the aggrieved person on whose behalf the proceedings were brought.
p.(None): (3) If the aggrieved person is a minor who is not married or in a civil union , the Commissioner may, in his or
p.(None): her discretion, pay the damages to Public Trust or to any person or trustee corporation acting as the
p.(None): manager of any property of that person.
p.(None): (4) If the aggrieved person is a mentally disordered person within the meaning of section 2 of the Mental
p.(None): Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under
p.(None): the Protection of Personal and Property Rights Act 1988, the Commissioner may, in his or her discretion,
p.(None): pay the damages to Public Trust.
p.(None): (5) If the aggrieved person is a person whose property is being managed under the Protection of Personal
p.(None): and Property Rights Act 1988, the Commissioner shall ascertain whether the terms of the property order
p.(None): cover management of money received as damages and,—
p.(None): (a) if damages fall within the terms of the property order, the Commissioner shall pay the damages to
p.(None): the person or trustee corporation acting as the property manager; or
p.(None): (b) if damages do not fall within the terms of the property order, the Commissioner may, in his or her
p.(None): discretion, pay the damages to Public Trust.
p.(None): (6) Where money is paid to Public Trust under subsection (3) or subsection (4) or subsection (5),—
p.(None): (a) sections 103 to 110 of the Contract and Commercial Law Act 2017 shall apply in the case of a minor
p.(None): who is not married or in a civil union; and
p.(None): (b) sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply,
p.(None): with any necessary modifications, in the case of a person referred to in subsection (4) or subsection
p.(None): (5)(b); and
p.(None): (c) section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any
p.(None): necessary modifications, in the case of a person referred to in subsection (5)(a).
p.(None): Compare: 1993 No 82 s 88
p.(None): Section 57(3): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.(None): Section 57(3): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(4): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(5)(b): amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6)(a): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
p.(None): Section 57(6)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.(None): Section 57(6)(b): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6)(c): added, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None):
p.(None): 58 Certain provisions of Human Rights Act 1993 to apply
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
p.(None): party.
p.(None): Compare: 1993 No 82 s 84
p.(None): Section 55(1)(a): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 55(1)(b)(i): replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
p.(None):
p.(None): 56 Proof of exceptions
p.(None): Where, by any provision of the Code, conduct is excepted from conduct that is in breach of the Code, the
p.(None): onus of proving the exception in any proceedings under this Part lies upon the defendant.
p.(None): Compare: 1993 No 82 s 85
p.(None):
p.(None): 57 Damages
p.(None): (1) Subject to section 52(2), in any proceedings under section 50 or section 51, the Tribunal may award
p.(None): damages against the defendant for a breach of any of the provisions of the Code in respect of any 1 or
p.(None): more of the following:
p.(None): (a) pecuniary loss suffered as a result of, and expenses reasonably incurred by the aggrieved person
p.(None): for the purpose of, the transaction or activity out of which the breach arose:
p.(None): (b) loss of any benefit, whether or not of a monetary kind, which the aggrieved person might reasonably
p.(None): have been expected to obtain but for the breach:
p.(None): (c) humiliation, loss of dignity, and injury to the feelings of the aggrieved person:
p.(None): (d) any action of the defendant that was in flagrant disregard of the rights of the aggrieved person.
p.(None): (2) Subject to subsections (3) to (5), the Commissioner shall pay damages recovered by the Director of
p.(None): Proceedings under this section to the aggrieved person on whose behalf the proceedings were brought.
p.(None): (3) If the aggrieved person is a minor who is not married or in a civil union , the Commissioner may, in his or
p.(None): her discretion, pay the damages to Public Trust or to any person or trustee corporation acting as the
p.(None): manager of any property of that person.
p.(None): (4) If the aggrieved person is a mentally disordered person within the meaning of section 2 of the Mental
p.(None): Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under
p.(None): the Protection of Personal and Property Rights Act 1988, the Commissioner may, in his or her discretion,
p.(None): pay the damages to Public Trust.
p.(None): (5) If the aggrieved person is a person whose property is being managed under the Protection of Personal
p.(None): and Property Rights Act 1988, the Commissioner shall ascertain whether the terms of the property order
p.(None): cover management of money received as damages and,—
p.(None): (a) if damages fall within the terms of the property order, the Commissioner shall pay the damages to
p.(None): the person or trustee corporation acting as the property manager; or
p.(None): (b) if damages do not fall within the terms of the property order, the Commissioner may, in his or her
p.(None): discretion, pay the damages to Public Trust.
p.(None): (6) Where money is paid to Public Trust under subsection (3) or subsection (4) or subsection (5),—
p.(None): (a) sections 103 to 110 of the Contract and Commercial Law Act 2017 shall apply in the case of a minor
p.(None): who is not married or in a civil union; and
p.(None): (b) sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply,
p.(None): with any necessary modifications, in the case of a person referred to in subsection (4) or subsection
p.(None): (5)(b); and
p.(None): (c) section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any
p.(None): necessary modifications, in the case of a person referred to in subsection (5)(a).
p.(None): Compare: 1993 No 82 s 88
p.(None): Section 57(3): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.(None): Section 57(3): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(4): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(5)(b): amended, on 1 March 2002, pursuant to section 152(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
p.(None): Section 57(6)(a): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
p.(None): Section 57(6)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.(None): Section 57(6)(b): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
...
Social / education
Searching for indicator education:
(return to top)
p.(None): groups in New Zealand.
p.(None): (2) Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
p.(None): (3) In addition to the matters in section 30(2) of the Crown Entities Act 2004, a member of a local authority is
p.(None): disqualified from being appointed as Commissioner.
p.(None): Section 10(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 10(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 11 Commissioner to hold no other office
p.(None): [Repealed]
p.(None): Section 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 12 Term of office
p.(None): [Repealed]
p.(None): Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 13 Vacation of office
p.(None): [Repealed]
p.(None): Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 14 Functions of Commissioner
p.(None): (1) The functions of the Commissioner are as follows:
p.(None): (a) as a first priority, to prepare a draft Code of Health and Disability Services Consumers’ Rights in
p.(None): accordance with section 19:
p.(None): (b) in accordance with section 21, to review the Code and make to the Minister any recommendations
p.(None): for changes to the Code:
p.(None): (c) to promote, by education and publicity, respect for and observance of the rights of health consumers
p.(None): and disability services consumers, and, in particular, to promote awareness, among health
p.(None): consumers, disability services consumers, health care providers, and disability services providers of
p.(None): the rights of health consumers and disability services consumers and of the means by which those
p.(None): rights may be enforced:
p.(None): (d) to make public statements and publish reports in relation to any matter affecting the rights of health
p.(None): consumers or disability services consumers or both, including statements and reports that promote
p.(None): an understanding of, and compliance with, the Code or the provisions of this Act:
p.(None): (da) to act as the initial recipient of complaints about health care providers and disability services
p.(None): providers, and to ensure that each complaint is appropriately dealt with:
p.(None): (e) to investigate, on complaint or on the Commissioner’s own initiative, any action that is or appears to
p.(None): the Commissioner to be in breach of the Code or, in the case of conduct that occurred before the
p.(None): enactment of the Code, in breach of certain disciplinary standards:
p.(None): (f) to refer complaints, or investigations on the Commissioner’s own initiative, to the Director of
p.(None): Proceedings for the purpose of deciding whether or not any further action should be taken in respect
p.(None): of any such breach or alleged breach:
...
p.(None): Consumers’ Rights.
p.(None): Section 23(b): amended, on 26 November 2003, by section 37 of the Children’s Commissioner Act 2003 (2003 No 121).
p.(None): Section 23(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None):
p.(None):
p.(None): Part 3
p.(None): Health and Disability Services Consumer Advocacy Service
p.(None): 24 Director of Health and Disability Services Consumer Advocacy
p.(None): (1) For the purposes of this Act, the Commissioner shall from time to time designate one of its employees as
p.(None): the Director of Health and Disability Services Consumer Advocacy.
p.(None): (2) In exercising or performing the powers, duties, and functions of the Director of Advocacy under this Act,
p.(None): the person for the time being designated under subsection (1) shall not be responsible to the
p.(None): Commissioner but shall act independently.
p.(None): (3) Nothing in subsection (2) limits the responsibility of the Director of Advocacy to the Commissioner for the
p.(None): efficient, effective, and economical management of the activities of the Director of Advocacy.
p.(None): Section 24(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 25 Functions of Director of Advocacy
p.(None): The functions of the Director of Advocacy are as follows:
p.(None): (a) to administer advocacy services agreements:
p.(None): (b) to promote, by education and publicity, advocacy services:
p.(None): (c) to oversee the training of advocates:
p.(None): (d) to monitor the operation of advocacy services, and to report to the Minister from time to time on the
p.(None): results of that monitoring.
p.(None):
p.(None): 26 Advocacy services to operate independently
p.(None): Subject to this Act, advocacy services shall operate independently of the Commissioner, the Ministry,
p.(None): purchasers, health care providers, and disability services providers.
p.(None):
p.(None): 27 Purchase of consumer advocacy services
p.(None): (1) Subject to this Act, the Director of Advocacy shall from time to time, in the name and on behalf of the
p.(None): Crown,—
p.(None): (a) negotiate and enter into advocacy services agreements containing such terms and conditions as
p.(None): may be agreed; and
p.(None): (b) monitor the performance of each advocacy services agreement.
p.(None): (2) Every advocacy services agreement shall impose on the person that agrees to provide, or arrange for the
p.(None): provision of, advocacy services pursuant to the agreement the duty to ensure that any guidelines for the
p.(None): time being in force pursuant to section 28 are followed in the provision of those services.
p.(None): (3) Nothing in this section limits—
p.(None): (a) any other enactment; or
p.(None): (b) any powers that the Minister or the Crown has under any enactment or rule of law.
p.(None): Compare: 1993 No 22 s 21
p.(None):
p.(None): 28 Guidelines for operation of advocacy services
p.(None): (1) The Commissioner may from time to time, and shall if directed to do so by the Minister, issue guidelines
p.(None): relating to the operation of advocacy services.
p.(None): (2) Without limiting subsection (1), any guidelines issued pursuant to subsection (1) shall include provisions
...
p.(None): (ii) disability services consumers to whom disability services are provided, or are proposed to be
p.(None): provided, by a disability services provider—
p.(None): are made aware of the provisions of the Code:
p.(None): (c) having regard to the needs, values, and beliefs of different cultural, religious, social, and ethnic
p.(None): groups, to provide information and assistance to health consumers, disability services consumers,
p.(None): and members of the public for the purposes of—
p.(None): (i) promoting awareness of the rights of health consumers and of disability services consumers:
p.(None): (ii) promoting awareness of the procedures available for the resolution of complaints involving a
p.(None): possible breach of the Code:
p.(None): (d) to provide to health consumers or, where applicable, persons entitled to consent on a health
p.(None): consumer’s behalf such assistance as may be necessary to ensure—
p.(None): (i) that the health consumer’s or, as the case may be, that person’s consent to the carrying out of
p.(None): health care procedures is obtained; and
p.(None): (ii) that that consent is informed consent:
p.(None): (e) to promote, by education and publicity, an understanding of, and compliance with, the principle that,
p.(None): except where any enactment or any provision of the Code otherwise provides, no health care
p.(None): procedure shall be carried out without informed consent:
p.(None): (f) in respect of health care providers and disability services providers in the area that the advocate
p.(None): serves,—
p.(None): (i) to provide information on the rights of health consumers and disability services consumers:
p.(None): (ii) to promote awareness of advocacy services:
p.(None): (iii) to provide advice on the establishment and maintenance of procedures for providing proper
p.(None): information to health consumers in relation to health care procedures and for the obtaining of
p.(None): consent to such health care procedures:
p.(None): (iv) to provide advice on the establishment and maintenance of procedures to ensure the
p.(None): protection of the rights of health consumers and of disability services consumers, including
p.(None): monitoring procedures and complaints procedures:
p.(None): (g) to receive complaints alleging that any action of any health care provider or disability services
p.(None): provider is or appears to be in breach of the Code:
p.(None): (h) in respect of a complaint of the kind referred to in paragraph (g), to represent or assist the person
p.(None): alleged to be aggrieved for the purposes of endeavouring to resolve the complaint by agreement
p.(None): between the parties concerned:
...
Searching for indicator educational:
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p.(None): health practitioner—
p.(None): (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.(None): 2003; and
p.(None): (b) includes—
p.(None): (i) a former health practitioner within the meaning of that section; and
p.(None): (ii) a person who was conditionally or unconditionally registered, or has held a certificate of
p.(None): registration, under a former health registration enactment; and
p.(None): (iii) a person who is receiving training or gaining experience under the supervision of a health
p.(None): practitioner; and
p.(None): (iv) a social worker within the meaning of the Social Workers Registration Act 2003
p.(None): health services—
p.(None): (a) means—
p.(None): (i) services to promote health:
p.(None): (ii) services to protect health:
p.(None): (iii) services to prevent disease or ill health:
p.(None): (iv) treatment services:
p.(None): (v) nursing services:
p.(None): (vi) rehabilitative services:
p.(None): (vii) diagnostic services; and
p.(None): (b) includes—
p.(None): (i) psychotherapy and counselling services:
p.(None): (ii) reproductive health services, including—
p.(None): (A) contraception services and advice:
p.(None): (B) fertility services:
p.(None): (C) sterilisation services:
p.(None): (D) abortion services
p.(None): (iii) [Repealed]
p.(None): (iv) [Repealed]
p.(None): health treatment, to avoid doubt, includes treatment of a person ( A) that is, or is related to, the taking of
p.(None): human tissue from A for all or any of the following purposes:
p.(None): (a) transplantation, or another therapeutic purpose, for the benefit of 1 or more persons other than A:
p.(None): (b) educational purposes or research purposes
p.(None): Human Rights Commission means the Human Rights Commission continued by section 4 of the Human
p.(None): Rights Act 1993
p.(None): Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by
p.(None): section 93 of the Human Rights Act 1993
p.(None): informed consent, in relation to a health consumer on or in respect of whom there is carried out any
p.(None): health care procedure, means consent to that procedure where that consent—
p.(None): (a) is freely given, by the health consumer or, where applicable, by any person who is entitled to
p.(None): consent on that health consumer’s behalf; and
p.(None): (b) is obtained in accordance with such requirements as are prescribed by the Code
p.(None): Minister means the Minister of Health
p.(None): Ministry means the Ministry of Health, being the department of the Public Service referred to by that
p.(None): name
p.(None): services means health services and disability services or both
p.(None): sitting day means a sitting day of the House of Representatives.
p.(None): (2) For the purposes of its application to any matter or situation arising or existing at any time, this Act—
p.(None): (a) applies to an institution that was then a health care institution by virtue of the definition of that term
p.(None): then in subsection (1) as if it had always been a health care institution by virtue of the current
p.(None): definition of that term in that subsection; and
p.(None): (b) applies to a person who was then a health care provider by virtue of section 3 as it then was as if
...
Social / employees
Searching for indicator employees:
(return to top)
p.(None): (2003 No 49).
p.(None): Section 14(1)(da): inserted, on 18 September 2004, by section 7(2) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(e): amended, on 18 September 2004, by section 7(3) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(g): amended, on 18 September 2004, by section 7(4) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 14(1)(ma): inserted, on 1 July 2012, by section 5(3) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None): Section 14(1)(n): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(1)(o): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(2)(b): amended, on 26 November 2003, by section 37 of the Children’s Commissioner Act 2003 (2003 No 121).
p.(None): Section 14(2)(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None): Section 14(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 14(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 15 Director of Proceedings
p.(None): (1) For the purposes of this Act, the Commissioner shall from time to time designate one of its employees as
p.(None): the Director of Proceedings.
p.(None): (2) In exercising or performing the powers, duties, and functions of the Director of Proceedings under this Act,
p.(None): the person for the time being designated under subsection (1) shall not be responsible to the
p.(None): Commissioner but shall act independently.
p.(None): (3) Nothing in subsection (2) limits the responsibility of the Director of Proceedings to the Commissioner for
p.(None): the efficient, effective, and economical management of the activities of the Director of Proceedings.
p.(None): (4) No person shall hold, at the same time, a designation under subsection (1) and a designation under
p.(None): section 24(1).
p.(None): Section 15(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 16 Annual report
p.(None): [Repealed]
p.(None): Section 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 17 Further provisions relating to Commissioner
p.(None): The provisions of Schedule 2 shall have effect in relation to the Commissioner and the Commissioner’s
p.(None): affairs.
p.(None):
p.(None): 18 Review of operation of Act
p.(None): (1) As soon as practicable after the expiry of the period of 3 years beginning on the commencement of this
p.(None): Part, and then at intervals of not more than 5 years, the Commissioner shall—
p.(None): (a) review the operation of this Act since—
p.(None): (i) the date of the commencement of this Part (in the case of the first review carried out under this
p.(None): paragraph); or
p.(None): (ii) the date of the last review carried out under this paragraph (in the case of every subsequent
p.(None): review); and
p.(None): (b) consider whether any amendments to this Act are necessary or desirable; and
p.(None): (c) report the Commissioner’s findings to the Minister.
...
p.(None): section 74(1).
p.(None):
p.(None): 23 Consultation on preparation and review of Code
p.(None): Without limiting section 14(2), the Commissioner shall, in carrying out the requirements of sections 19 and
p.(None): 21, consult with, and invite submissions from, such persons, bodies, organisations, and agencies,
p.(None): including—
p.(None): (a) representatives of health consumers, disability services consumers, health care providers, and
p.(None): disability services providers; and
p.(None): (b) the Ombudsmen, the Human Rights Commission, the Privacy Commissioner, the Children’s
p.(None): Commissioner, and the Director of Mental Health,—
p.(None): as the Commissioner considers necessary to ensure that a wide range of views is available to the
p.(None): Commissioner to assist in the preparation and review of the Code of Health and Disability Services
p.(None): Consumers’ Rights.
p.(None): Section 23(b): amended, on 26 November 2003, by section 37 of the Children’s Commissioner Act 2003 (2003 No 121).
p.(None): Section 23(b): amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None):
p.(None):
p.(None): Part 3
p.(None): Health and Disability Services Consumer Advocacy Service
p.(None): 24 Director of Health and Disability Services Consumer Advocacy
p.(None): (1) For the purposes of this Act, the Commissioner shall from time to time designate one of its employees as
p.(None): the Director of Health and Disability Services Consumer Advocacy.
p.(None): (2) In exercising or performing the powers, duties, and functions of the Director of Advocacy under this Act,
p.(None): the person for the time being designated under subsection (1) shall not be responsible to the
p.(None): Commissioner but shall act independently.
p.(None): (3) Nothing in subsection (2) limits the responsibility of the Director of Advocacy to the Commissioner for the
p.(None): efficient, effective, and economical management of the activities of the Director of Advocacy.
p.(None): Section 24(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 25 Functions of Director of Advocacy
p.(None): The functions of the Director of Advocacy are as follows:
p.(None): (a) to administer advocacy services agreements:
p.(None): (b) to promote, by education and publicity, advocacy services:
p.(None): (c) to oversee the training of advocates:
p.(None): (d) to monitor the operation of advocacy services, and to report to the Minister from time to time on the
p.(None): results of that monitoring.
p.(None):
p.(None): 26 Advocacy services to operate independently
p.(None): Subject to this Act, advocacy services shall operate independently of the Commissioner, the Ministry,
p.(None): purchasers, health care providers, and disability services providers.
p.(None):
p.(None): 27 Purchase of consumer advocacy services
p.(None): (1) Subject to this Act, the Director of Advocacy shall from time to time, in the name and on behalf of the
p.(None): Crown,—
p.(None): (a) negotiate and enter into advocacy services agreements containing such terms and conditions as
p.(None): may be agreed; and
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.(None): Deputy Health and Disability Commissioner in the same manner as it applies to the appointment and
p.(None): removal of the Commissioner.
p.(None): (2) A person may be appointed as the Mental Health Commissioner in the same way as the Commissioner is
p.(None): appointed, except that the Minister must consult the Commissioner before recommending a person for
p.(None): appointment as the Mental Health Commissioner.
p.(None): (3) A person who is a Deputy Commissioner or the Mental Health Commissioner has any powers, duties, and
p.(None): functions that—
p.(None): (a) the Commissioner delegates to him or her under section 68(3A); and
p.(None): (b) he or she may exercise and perform under subsection (4).
p.(None): (4) During the absence of the Commissioner from duty (for any reason) or a vacancy in the office of the
p.(None): Commissioner (for any reason), the powers, duties, and functions of the Commissioner may be exercised
p.(None): and performed by—
p.(None): (a) a person appointed under this section who is nominated for the purpose by the Commissioner
p.(None): before the absence or vacancy by a written notice that is in force at the time of the absence or
p.(None): vacancy; or
p.(None): (b) if there is no such notice, the longest serving person appointed under this section.
p.(None): Section 9: replaced, on 1 July 2012, by section 5(2) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None): Section 9(1A): inserted, on 5 December 2013, by section 4 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): 10 Qualifications for appointment
p.(None): (1) No person shall be recommended for appointment as the Commissioner unless, in the opinion of the
p.(None): Minister, the person is qualified for appointment, having regard to the following matters:
p.(None): (a) the functions and powers of the Commissioner:
p.(None): (b) the person’s personal attributes:
p.(None): (c) the person’s knowledge of, or experience in,—
p.(None): (i) the New Zealand health care system:
p.(None): (ii) the New Zealand disability services system:
p.(None): (iii) the resolution of disputes, including mediation and arbitration:
p.(None): (d) the person’s understanding of the various needs of health consumers:
p.(None): (e) the person’s understanding of the various needs of disability services consumers:
p.(None): (f) the person’s knowledge and recognition of the aims and aspirations of Maori:
p.(None): (g) the person’s recognition of the social, cultural, and religious values of different cultural and ethnic
p.(None): groups in New Zealand.
p.(None): (2) Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
p.(None): (3) In addition to the matters in section 30(2) of the Crown Entities Act 2004, a member of a local authority is
p.(None): disqualified from being appointed as Commissioner.
p.(None): Section 10(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 10(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 11 Commissioner to hold no other office
p.(None): [Repealed]
...
p.(None): (g) subject to section 15(2), to make recommendations to any appropriate person or authority in relation
p.(None): to the means by which complaints involving alleged breaches might be resolved and further
p.(None): breaches avoided:
p.(None): (h) to prepare guidelines for the operation of advocacy services in accordance with section 28:
p.(None): (i) to make suggestions to any person in relation to any matter that concerns the need for, or the
p.(None): desirability of, action by that person in the interests of the rights of health consumers or disability
p.(None): services consumers or both:
p.(None): (j) on the Commissioner’s own initiative or at the request of the Minister, to advise the Minister on any
p.(None): matter relating to—
p.(None): (i) the rights of health consumers or disability services consumers or both; or
p.(None): (ii) the administration of this Act:
p.(None): (k) to report to the Minister from time to time on the need for, or desirability of, legislative,
p.(None): administrative, or other action to give protection or better protection to the rights of health consumers
p.(None): or disability services consumers or both:
p.(None): (l) to receive and invite representations from members of the public and from any other body,
p.(None): organisation, or agency on matters relating to the rights of health consumers or disability services
p.(None): consumers or both:
p.(None): (m) to gather such information as in the Commissioner’s opinion will assist the Commissioner in carrying
p.(None): out the Commissioner’s functions under this Act:
p.(None): (ma) to monitor mental health and addiction services and to advocate improvements to those services:
p.(None): (n) [Repealed]
p.(None): (o) to perform such functions as the Commissioner is for the time being directed to perform by the
p.(None): Minister in accordance with section 112 of the Crown Entities Act 2004 :
p.(None): (p) to exercise and perform such other functions, powers, and duties as are conferred or imposed on
p.(None): the Commissioner by or under this Act or any other enactment.
p.(None): (2) In performing his or her functions, the Commissioner shall—
p.(None): (a) establish and maintain effective links with—
p.(None): (i) representatives of health consumers, disability services consumers, health care providers, and
p.(None): disability services providers:
p.(None): (ii) other bodies and organisations (including community groups) concerned with health matters or
p.(None): matters relating to disabilities:
p.(None): (b) consult and co-operate with other agencies concerned with personal rights, including the
p.(None): Ombudsmen, the Human Rights Commission, the Children’s Commissioner, the Privacy
p.(None): Commissioner, and the Director of Mental Health.
p.(None): (2A) Except as expressly provided otherwise in this or another Act, the Commissioner must act independently
p.(None): in performing his or her statutory functions and duties, and exercising his or her statutory powers, under—
p.(None): (a) this Act; and
p.(None): (b) any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other
p.(None): than the Crown Entities Act 2004 ).
p.(None): (3) [Repealed]
...
p.(None): monitoring procedures and complaints procedures:
p.(None): (g) to receive complaints alleging that any action of any health care provider or disability services
p.(None): provider is or appears to be in breach of the Code:
p.(None): (h) in respect of a complaint of the kind referred to in paragraph (g), to represent or assist the person
p.(None): alleged to be aggrieved for the purposes of endeavouring to resolve the complaint by agreement
p.(None): between the parties concerned:
p.(None): (i) to provide assistance to persons who wish—
p.(None): (i) to pursue a complaint of the kind referred to in paragraph (g) through any formal or informal
p.(None): procedures (including proceedings before an authority) that exist for resolving that complaint:
p.(None): (ii) to make a representation to the Commissioner or any other body or person in respect of any
p.(None): matter that is or appears to be in breach of the Code:
p.(None): (j) to report regularly to the Director of Advocacy on the operation of advocacy services in the area
p.(None): served by the advocate:
p.(None): (k) to report to the Commissioner from time to time on any matter relating to the rights of health
p.(None): consumers or disability services consumers or both (whether in relation to a particular health
p.(None): consumer or disability services consumer, or a group of health consumers or disability services
p.(None): consumers, or in relation to health consumers or disability services consumers generally) that, in the
p.(None): advocate’s opinion, should be drawn to the attention of the Commissioner:
p.(None): (l) to exercise and perform such other functions, powers, and duties as are conferred or imposed on
p.(None): advocates by or under this Act or any other enactment.
p.(None): Section 30(i)(i): amended, on 18 September 2004, by section 8 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None):
p.(None):
p.(None): Part 4
p.(None): Complaints and investigations
p.(None): Part 4 heading: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Receipt of complaints
p.(None): Heading: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 31 General right to make complaints
p.(None): (1) Any person may complain orally or in writing to an advocate or to the Commissioner alleging that any
p.(None): action of a health care provider or a disability services provider is or appears to be in breach of the Code.
p.(None): (2) Any person may complain orally or in writing to an advocate or to the Commissioner about any action of a
p.(None): health practitioner that was taken at any time before 1 July 1996, if it is alleged or it appears that the
p.(None): action—
p.(None): (a) affected a health consumer; and
p.(None): (b) was, at the time that it was taken, a ground for bringing disciplinary proceedings against the health
p.(None): practitioner under a former health registration enactment; but
...
p.(None): No 49).
p.(None):
p.(None): Referral of complaints to agencies, persons, statutory officers, or advocates
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 34 Referral of complaint to agencies or persons involved in health or disability sector
p.(None): (1) At any time after completing a preliminary assessment of a complaint, the Commissioner may refer the
p.(None): complaint, in whole or in part,—
p.(None): (a) to the appropriate authority if it appears from the complaint that the competence of a health
p.(None): practitioner or his or her fitness to practise or the appropriateness of his or her conduct may be in
p.(None): doubt; or
p.(None): (b) to the Accident Compensation Corporation if it appears from the complaint that the aggrieved person
p.(None): may be entitled to cover under the Accident Compensation Act 2001; or
p.(None): (c) to the Director-General of Health if it appears from the complaint that failures or inadequacies in the
p.(None): systems or practices of the health care provider or the disability services provider concerned may
p.(None): harm the health or safety of members of the public; or
p.(None): (d) to the health care provider or the disability services provider to whom a complaint relates if the
p.(None): complaint does not raise questions about the health or safety of members of the public and can, in
p.(None): the Commissioner’s opinion, be appropriately resolved by the provider.
p.(None): (2) At any time before or after referring a complaint, in whole or in part, to an agency or person mentioned in
p.(None): subsection (1), the Commissioner may consult with that agency or person as to the most appropriate
p.(None): means of dealing with the complaint.
p.(None): (3) After referring a complaint, in whole or in part, to an agency or person mentioned in subsection (1), the
p.(None): Commissioner must notify the complainant and the health care provider or the disability services provider
p.(None): to whom the complaint relates of the action that has been taken.
p.(None): (4) The Commissioner may refer a complaint, in whole or in part, to more than 1 agency or person mentioned
p.(None): in subsection (1), as long as each referral is authorised by a paragraph of that subsection.
p.(None): (5) A reference of a complaint under subsection (1) does not preclude the Commissioner from taking action
p.(None): on the complaint himself or herself.
p.(None): Section 34: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 34(1)(b): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010
p.(None): No 1).
p.(None):
p.(None): 35 Agencies or persons to keep Commissioner informed about referred complaints
p.(None): Each agency or person to whom a complaint is referred under section 34 must—
p.(None): (a) promptly acknowledge receipt of the complaint; and
p.(None): (b) promptly advise the Commissioner of any significant step taken in its consideration or examination
p.(None): of the complaint; and
...
p.(None): No 49).
p.(None): Section 38 heading: amended, on 5 December 2013, by section 5 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): Commissioner required to share certain information
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 39 Commissioner to inform agencies of certain risks
p.(None): (1) Whenever the Commissioner has reason to believe that the practice of a health practitioner may pose a
p.(None): risk of harm to the public, the Commissioner must promptly notify the appropriate authority of that belief
p.(None): and the reasons for it.
p.(None): (2) Whenever the Commissioner has reason to believe that failures or inadequacies in the systems or
p.(None): practices of a health care provider or a disability services provider are harming or are likely to harm the
p.(None): health or safety of members of the public, the Commissioner must promptly notify the Director-General of
p.(None): Health of that belief and the reasons for it.
p.(None): (3) If, during or after an investigation, the Commissioner is of the opinion that there is evidence of a significant
p.(None): breach of duty or misconduct on the part of a health care provider or disability services provider or an
p.(None): officer or employee or member of a health care provider or disability services provider, the Commissioner
p.(None): must promptly refer the matter to the appropriate person or agency.
p.(None): Section 39: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Investigations by Commissioner
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 40 Commissioner may investigate breaches
p.(None): (1) The Commissioner may decide to investigate any action of a health care provider or a disability services
p.(None): provider if the action is, or appears to the Commissioner to be, in breach of the Code.
p.(None): (2) The Commissioner may investigate any action of a health practitioner that was taken at any time before
p.(None): 1 July 1996, if it appears that the action affected a health consumer and was, at the time that it was taken,
p.(None): a ground for bringing disciplinary proceedings against the health practitioner under a former health
p.(None): registration enactment.
p.(None): (3) The Commissioner may investigate an action under this section either on complaint or on the
p.(None): Commissioner’s own initiative.
...
p.(None): (1) The Commissioner may not, under section 45(2)(f), refer 1 or more health care providers or disability
p.(None): services providers to the Director of Proceedings for a decision as to whether proceedings should be
p.(None): instituted or action taken in respect of a person unless the Commissioner has given that person an
p.(None): opportunity to comment on that proposed referral.
p.(None): (2) The Commissioner must have regard to any relevant factors of the kind specified in subsection (3) when
p.(None): the Commissioner considers whether or not to refer, under section 45(2)(f), 1 or more health care
p.(None): providers or disability services providers to the Director of Proceedings for a decision as to whether
p.(None): proceedings should be instituted or any action taken.
p.(None): (3) The kinds of factors referred to in subsection (2) are—
p.(None): (a) the wishes of the complainant (if any) and the aggrieved person (if not the complainant) in relation to
p.(None): the matter; and
p.(None): (b) any comments made under subsection (1) in relation to the matter; and
p.(None): (c) the need to ensure that appropriate proceedings are instituted in any case where the public interest
p.(None): (whether for reasons of public health or public safety or for any other reason) so requires.
p.(None): Section 44: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 45 Procedure after investigation
p.(None): (1) This section applies if, after making an investigation under this Part, the Commissioner is of the opinion
p.(None): that any action that was the subject matter of the investigation—
p.(None): (a) was in breach of the Code; or
p.(None): (b) in the case of an action of a health practitioner that was taken at a time before 1 July 1996, affected
p.(None): a health consumer and was, at the time that it was taken, a ground for bringing disciplinary
p.(None): proceedings against the health practitioner under a former health registration enactment.
p.(None): (2) If this section applies, the Commissioner may do all or any of the following:
p.(None): (a) report the Commissioner’s opinion, with reasons, to any health care provider or disability services
p.(None): provider whose action was the subject matter of the investigation, and may make any
p.(None): recommendations as the Commissioner thinks fit:
p.(None): (b) report the Commissioner’s opinion, with reasons, together with any recommendations that the
p.(None): Commissioner thinks fit, to all or any of the following:
p.(None): (i) any authority or professional body:
p.(None): (ii) the Accident Compensation Corporation:
p.(None): (iii) any other person that the Commissioner considers appropriate:
p.(None): (c) make any report to the Minister that the Commissioner thinks fit:
p.(None): (d) make a complaint to any authority in respect of any person:
p.(None): (e) if any person wishes to make such a complaint, assist that person to do so:
p.(None): (f) refer 1 or more health care providers or disability services providers to the Director of Proceedings
p.(None): for the purpose of deciding whether any 1 or more of the following actions should be taken in relation
p.(None): to those providers:
p.(None): (i) any of the actions contemplated by section 47:
p.(None): (ii) the institution of proceedings under section 50:
p.(None): (iii) the institution of disciplinary proceedings.
p.(None): (3) On referring 1 or more health care providers or disability services providers to the Director of Proceedings
p.(None): under subsection (2)(f), the Commissioner must advise the Director of Proceedings of any relevant factors
p.(None): of the kind specified in section 44(3).
p.(None): (4) Subsection (2)(f)(ii) does not apply if this section applies because of subsection (1)(b).
p.(None): Section 45: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 46 Implementation of recommendations of Commissioner
...
p.(None): knowledge of or experience in those matters:
p.(None): (b) the Commissioner may make such inquiries as the Commissioner thinks fit:
p.(None): (c) it shall not be necessary for the Commissioner to hold any hearing.
p.(None): (3) Subject to sections 41(b) and 67, no person shall be entitled as of right to be heard by the Commissioner.
p.(None): (4) Without limiting any other provision of this Act, the Commissioner may, at any time, if the Commissioner
p.(None): considers that it is necessary or desirable in the public interest (whether for reasons of public health or
p.(None): public safety or for any other reason) that any matter be brought to the attention of any person or
p.(None): authority, refer the matter to the appropriate person or authority.
p.(None): (5) Subject to the provisions of this Act, the Commissioner and every advocate may regulate his or her
p.(None): procedure in such manner as he or she thinks fit.
p.(None): Compare: 1993 No 28 s 90
p.(None):
p.(None): 60 Duty to forward complaints
p.(None): Notwithstanding any provision in any enactment, where any letter appearing to be written by or on behalf
p.(None): of any health consumer in any health care institution is addressed to the Commissioner or to an advocate,
p.(None): the person for the time being in charge of that institution shall immediately forward the letter, unopened, to
p.(None): the Commissioner or, as the case may require, that advocate.
p.(None): Compare: 1975 No 9 s 16
p.(None):
p.(None): 61 Mediation conference
p.(None): (1) Where, in respect of any matter that is the subject of a complaint made to, or an investigation by, the
p.(None): Commissioner, the Commissioner is of the opinion that it would be appropriate to do so, the
p.(None): Commissioner may call a conference of the parties concerned in an endeavour to resolve the matter by
p.(None): agreement between those parties.
p.(None): (2) Any such conference may be called by a notice in writing signed by the Commissioner notifying the date,
p.(None): time, and place of the conference.
p.(None): (3) In addition to the parties or their representatives, the Commissioner may also invite to attend the
p.(None): conference any other person whose attendance would in the Commissioner’s opinion be likely to assist in
p.(None): resolving the matter by agreement between the parties.
p.(None): (4) There may be paid, out of the funds of the Commissioner,—
p.(None): (a) to each party or to the representatives of each party, to the number determined by the
p.(None): Commissioner as being necessary to enable that party to be adequately represented, attending any
p.(None): conference called under this section; and
p.(None): (b) to any person (other than the Commissioner) attending any conference pursuant to subsection (3),
p.(None): —
p.(None): fees, allowances, and expenses as if the parties or their representatives and those persons were
p.(None): witnesses in a court, and, for that purpose,—
p.(None): (c) the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply
p.(None): accordingly; and
p.(None): (d) the Commissioner shall have the powers of a court under any such regulations to fix or disallow, in
p.(None): whole or in part, or to increase, any amounts payable under the regulations.
p.(None): (5) No evidence shall be admissible in any court, or before any person acting judicially, of any information,
p.(None): statement, or admission disclosed or made to any person in the course of a conference called under this
p.(None): section.
p.(None): Compare: 1987 No 77 ss 249, 250(2)
p.(None): Section 61(1): amended, on 18 September 2004, by section 17 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 61(4)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None):
p.(None): 62 Evidence
p.(None): (1) The Commissioner may from time to time, by notice in writing, require any person who in the
p.(None): Commissioner’s opinion is able to give information relating to any matter under investigation by the
p.(None): Commissioner to furnish such information, and to produce such documents or things in the possession or
p.(None): under the control of that person, as in the opinion of the Commissioner are relevant to the subject matter
p.(None): of the investigation.
p.(None): (2) The Commissioner may summon before him or her and examine on oath any person who, in the
p.(None): Commissioner’s opinion is able to give information relating to the matter under investigation, and may, for
p.(None): that purpose, administer an oath to any person so summoned.
p.(None): (3) Every such examination by the Commissioner shall be deemed to be a judicial proceeding within the
p.(None): meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
p.(None): Compare: 1993 No 28 s 91
p.(None):
p.(None): 63 Protection and privileges of witnesses, etc
p.(None): (1) Except as provided in section 64(2), every person shall have the same privileges in relation to the giving
p.(None): of information to, the answering of questions put by, and the production of documents and things to the
p.(None): Commissioner or any employee of the Commissioner, as witnesses have in any court.
p.(None): (2) No person shall be required to supply any information to or to answer any question put by the
p.(None): Commissioner or any employee of the Commissioner in relation to any matter, or to produce to the
p.(None): Commissioner or any employee of the Commissioner any document or thing relating to any matter, in any
p.(None): case where compliance with that requirement would be in breach of an obligation of secrecy or non-
p.(None): disclosure imposed on that person by the provisions of any Act or regulations, other than the Official
p.(None): Information Act 1982 or the State Sector Act 1988 .
p.(None): (3) No person shall be liable to prosecution for an offence against any enactment, other than section 73, by
p.(None): reason of that person’s compliance with any requirement of the Commissioner or any employee of the
p.(None): Commissioner under section 62.
p.(None): (4) Where the attendance of any person is required by the Commissioner under section 62, the person shall
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.(None): 23 Consultation on preparation and review of Code
p.(None): Part 3
p.(None): Health and Disability Services Consumer Advocacy Service
p.(None): 24 Director of Health and Disability Services Consumer Advocacy
p.(None): 25 Functions of Director of Advocacy
p.(None): 26 Advocacy services to operate independently
p.(None): 27 Purchase of consumer advocacy services
p.(None): 28 Guidelines for operation of advocacy services
p.(None): 29 Consultation on preparation of guidelines
p.(None): 30 Functions of advocates
p.(None): Part 4
p.(None): Complaints and investigations
p.(None): Receipt of complaints
p.(None): 31 General right to make complaints
p.(None): 32 Complaints referred to Commissioner
p.(None): 33 Preliminary assessment
p.(None): Referral of complaints to agencies, persons, statutory officers, or advocates
p.(None): 34 Referral of complaint to agencies or persons involved in health or disability sector
p.(None): 35 Agencies or persons to keep Commissioner informed about referred complaints
p.(None): 36 Referrals of complaints to certain statutory officers
p.(None): 37 Commissioner may refer complaint to advocate
p.(None): Decision to take no action
p.(None): 38 Commissioner may decide to take no action or no further action on complaint
p.(None): Commissioner required to share certain information
p.(None): 39 Commissioner to inform agencies of certain risks
p.(None): Investigations by Commissioner
p.(None): 40 Commissioner may investigate breaches
p.(None): 41 Complainant and provider to be notified of investigation
p.(None): 42 On notification of investigation authority not to take disciplinary action until further
p.(None): notice
p.(None): 43 Information about result of investigation
p.(None): 44 Consultation required before matter referred to Director of Proceedings
p.(None): 45 Procedure after investigation
p.(None): 46 Implementation of recommendations of Commissioner
p.(None): 47 Director of Proceedings’ right to participate in disciplinary and other proceedings
p.(None): 48 Commissioner to report certain matters to appropriate authority [Repealed]
p.(None): 49 Functions of Director of Proceedings
p.(None): Proceedings before Human Rights Review Tribunal
p.(None): 50 Proceedings before Human Rights Review Tribunal
p.(None): 51 Aggrieved person may bring proceedings before Tribunal
p.(None): 52 Remedies that may be sought
p.(None): 53 Limitation on right to bring proceedings
p.(None): 54 Powers of Human Rights Review Tribunal
p.(None): 55 Right of Director of Proceedings to appear in proceedings
p.(None): 56 Proof of exceptions
p.(None): 57 Damages
p.(None): 58 Certain provisions of Human Rights Act 1993 to apply
p.(None): Part 5
p.(None): Miscellaneous provisions
p.(None): Miscellaneous provisions
p.(None): 59 Procedure
p.(None):
p.(None): 60 Duty to forward complaints
p.(None): 61 Mediation conference
p.(None): 62 Evidence
p.(None): 63 Protection and privileges of witnesses, etc
p.(None): 64 Disclosure of certain matters not to be required
p.(None): 65 Proceedings privileged
p.(None): 66 Corrupt use of official information [Repealed]
p.(None): 67 Adverse comment
p.(None): Delegations
p.(None): 68 Delegation of functions and powers
p.(None): 69 Further provisions relating to delegations
p.(None): 70 Delegate to produce evidence of authority
p.(None): 71 Revocation of delegations
p.(None): Vicarious liability
p.(None): 72 Liability of employer and principal
p.(None): Offences
p.(None): 73 Offences
p.(None): Regulations
p.(None): 74 Regulations
p.(None): 75 Where regulations made against or without advice of Commissioner
p.(None): Amendments to other enactments
p.(None): 76 Amendments to Ombudsmen Act 1975
p.(None): 77 Amendments to Higher Salaries Commission Act 1977 [Repealed]
p.(None): 78 Amendment to Public Finance Act 1989 [Repealed]
p.(None): 79 Amendment to Accident Rehabilitation and Compensation Insurance Act 1992
p.(None): 80 Amendments to Health Reforms (Transitional Provisions) Act 1993
p.(None): 81 Amendments to Privacy Act 1993
p.(None): 82 Amendment to Human Rights Act 1993
p.(None): Schedule 1
p.(None): Former health registration enactments
p.(None): Schedule 2
p.(None): Provisions applying in respect of Commissioner
p.(None): Reprint notes
p.(None): An Act to promote and protect the rights of health consumers and disability services consumers, and,
p.(None): in particular,—
p.(None): (a) to secure the fair, simple, speedy, and efficient resolution of complaints relating to infringements
p.(None): of those rights; and
p.(None): (b) to provide for the appointment of a Health and Disability Commissioner to investigate complaints
p.(None): against persons or bodies who provide health care or disability services; and to define the
p.(None): Commissioner’s functions and powers; and
...
p.(None): (1) This Act may be cited as the Health and Disability Commissioner Act 1994.
p.(None): (2) Except as provided in subsection (3), this Act shall come into force on the day after the date on which it
p.(None): receives the Royal assent.
p.(None): (3) Part 4 and sections 76(1), 76(2), 81(1), and 81(3) shall come into force on a date to be appointed by the
p.(None): Governor-General by Order in Council.
p.(None): Section 1(3): Part 4 and sections 76(1), (2), 81(1), and (3) brought into force, on 1 July 1996, by clause 2 of the Health and Disability
p.(None): Commissioner Act Commencement Order 1996 (SR 1996/79).
p.(None):
p.(None): 2 Interpretation
p.(None): (1) In this Act, unless the context otherwise requires,—
p.(None): action, in relation to a health care provider or a disability services provider, includes failure to act; and
p.(None): also includes any policy or practice
p.(None): advocacy services means the provision of health and disability services consumer advocates; and also
p.(None): includes the provision of such administrative services as may be necessary to enable those advocates to
p.(None): exercise and perform their functions and powers
p.(None): advocacy services agreement means an agreement under which the Crown agrees to provide money to
p.(None): a person in return for the person providing, or arranging for the provision of, advocacy services
p.(None): advocate means a health and disability services consumer advocate provided pursuant to an advocacy
p.(None): services agreement
p.(None): appropriate authority includes, for the purposes of any assessment or investigation of any action on the
p.(None): part of a health practitioner that was taken when the health practitioner was registered under a former
p.(None): health registration enactment, the authority that, under section 178(1) of the Health Practitioners
p.(None): Competence Assurance Act 2003, is, in relation to that health practitioner, the successor authority
p.(None): authority has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act
p.(None): 2003; and includes the Social Workers Registration Board established by section 97 of the Social
p.(None): Workers Registration Act 2003
p.(None): Code of Health and Disability Services Consumers’ Rights or Code means the Code of Health and
p.(None): Disability Services Consumers’ Rights for the time being prescribed by regulations made under section
p.(None): 74(1)
p.(None): Commissioner means the Health and Disability Commissioner appointed in accordance with section 8 of
p.(None): this Act and section 28(1)(b) of the Crown Entities Act 2004
p.(None): Deputy Commissioner means a Deputy Health and Disability Commissioner appointed under section 9
p.(None): Director of Advocacy means the person for the time being designated under section 24(1) as the
p.(None): Director of Health and Disability Services Consumer Advocacy
p.(None): Director of Proceedings means the person for the time being designated under section 15(1) as the
p.(None): Director of Proceedings
p.(None): disability services includes goods, services, and facilities—
p.(None): (a) provided to people with disabilities for their care or support or to promote their independence; or
p.(None): (b) provided for purposes related or incidental to the care or support of people with disabilities or to the
p.(None): promotion of the independence of such people
...
p.(None): Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by
p.(None): section 93 of the Human Rights Act 1993
p.(None): informed consent, in relation to a health consumer on or in respect of whom there is carried out any
p.(None): health care procedure, means consent to that procedure where that consent—
p.(None): (a) is freely given, by the health consumer or, where applicable, by any person who is entitled to
p.(None): consent on that health consumer’s behalf; and
p.(None): (b) is obtained in accordance with such requirements as are prescribed by the Code
p.(None): Minister means the Minister of Health
p.(None): Ministry means the Ministry of Health, being the department of the Public Service referred to by that
p.(None): name
p.(None): services means health services and disability services or both
p.(None): sitting day means a sitting day of the House of Representatives.
p.(None): (2) For the purposes of its application to any matter or situation arising or existing at any time, this Act—
p.(None): (a) applies to an institution that was then a health care institution by virtue of the definition of that term
p.(None): then in subsection (1) as if it had always been a health care institution by virtue of the current
p.(None): definition of that term in that subsection; and
p.(None): (b) applies to a person who was then a health care provider by virtue of section 3 as it then was as if
p.(None): the person had always been a health care institution by virtue of that section as it currently is.
p.(None): Section 2(1) appropriate authority: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) authority: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 2(1) authority: amended, on 1 October 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003
p.(None): (2003 No 48).
p.(None): Section 2(1) Commissioner: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 2(1) Complaints Review Tribunal or Tribunal: repealed, on 1 January 2002, by section 71(1) of the Human Rights Amendment
p.(None): Act 2001 (2001 No 96).
p.(None): Section 2(1) Deputy Commissioner: amended, on 18 September 2004, by section 3(1) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) disciplinary proceedings: amended, on 18 September 2004, by section 3(2) of the Health and Disability Commissioner
p.(None): Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) former health registration enactment: inserted, on 18 September 2004, by section 3(4) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(1) health care institution: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act
p.(None): 2001 (2001 No 93).
p.(None): Section 2(1) health care institution paragraph (c): replaced, on 21 February 2018, by section 122(1) of the Substance Addiction
p.(None): (Compulsory Assessment and Treatment) Act 2017 (2017 No 4).
p.(None): Section 2(1) health practitioner: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment
p.(None): Act 2003 (2003 No 49).
...
p.(None): Section 2(1) health services paragraph (b)(ii): replaced, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health services paragraph (b)(iii): repealed, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health services paragraph (b)(iv): repealed, on 24 March 2020, by section 17 of the Abortion Legislation Act 2020 (2020
p.(None): No 6).
p.(None): Section 2(1) health treatment: inserted, on 1 November 2008, by section 90(2) of the Human Tissue Act 2008 (2008 No 28).
p.(None): Section 2(1) Human Rights Review Tribunal or Tribunal: inserted, on 1 January 2002, by section 71(1) of the Human Rights
p.(None): Amendment Act 2001 (2001 No 96).
p.(None): Section 2(1) purchaser: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000
p.(None): No 91).
p.(None): Section 2(1) registered health professional: repealed, on 18 September 2004, by section 3(3) of the Health and Disability
p.(None): Commissioner Amendment Act 2003 (2003 No 49).
p.(None): Section 2(2): added, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None):
p.(None): 3 Definition of health care provider
p.(None): In this Act, unless the context otherwise requires, the term health care provider means—
p.(None): (a) a person for the time being in charge of providing health care services within the meaning of the
p.(None): Health and Disability Services (Safety) Act 2001, in compliance with that Act:
p.(None): (b) a controlling authority of a hospital within the meaning of the Mental Health (Compulsory
p.(None): Assessment and Treatment) Act 1992:
p.(None): (c) [Repealed]
p.(None): (d) [Repealed]
p.(None): (e) Children’s Health Camps—The New Zealand Foundation for Child and Family Health and
p.(None): Development:
p.(None): (f) [Repealed]
p.(None): (g) a manager of a treatment centre within the meaning of the Substance Addiction (Compulsory
p.(None): Assessment and Treatment) Act 2017:
p.(None): (h) any health practitioner:
p.(None): (i) any person who provides ambulance services to the public:
p.(None): (j) any person employed by the School Dental Service to carry on the practice of dentistry:
p.(None): (k) any other person who provides, or holds himself or herself or itself out as providing, health services
p.(None): to the public or to any section of the public, whether or not any charge is made for those services.
p.(None): Section 3(a): substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(c): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(d): repealed, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
p.(None): Section 3(e): substituted, on 1 April 2000, by section 8 of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).
...
p.(None): Section 9(1A): inserted, on 5 December 2013, by section 4 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): 10 Qualifications for appointment
p.(None): (1) No person shall be recommended for appointment as the Commissioner unless, in the opinion of the
p.(None): Minister, the person is qualified for appointment, having regard to the following matters:
p.(None): (a) the functions and powers of the Commissioner:
p.(None): (b) the person’s personal attributes:
p.(None): (c) the person’s knowledge of, or experience in,—
p.(None): (i) the New Zealand health care system:
p.(None): (ii) the New Zealand disability services system:
p.(None): (iii) the resolution of disputes, including mediation and arbitration:
p.(None): (d) the person’s understanding of the various needs of health consumers:
p.(None): (e) the person’s understanding of the various needs of disability services consumers:
p.(None): (f) the person’s knowledge and recognition of the aims and aspirations of Maori:
p.(None): (g) the person’s recognition of the social, cultural, and religious values of different cultural and ethnic
p.(None): groups in New Zealand.
p.(None): (2) Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
p.(None): (3) In addition to the matters in section 30(2) of the Crown Entities Act 2004, a member of a local authority is
p.(None): disqualified from being appointed as Commissioner.
p.(None): Section 10(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 10(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 11 Commissioner to hold no other office
p.(None): [Repealed]
p.(None): Section 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 12 Term of office
p.(None): [Repealed]
p.(None): Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 13 Vacation of office
p.(None): [Repealed]
p.(None): Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 14 Functions of Commissioner
p.(None): (1) The functions of the Commissioner are as follows:
p.(None): (a) as a first priority, to prepare a draft Code of Health and Disability Services Consumers’ Rights in
p.(None): accordance with section 19:
p.(None): (b) in accordance with section 21, to review the Code and make to the Minister any recommendations
p.(None): for changes to the Code:
p.(None): (c) to promote, by education and publicity, respect for and observance of the rights of health consumers
p.(None): and disability services consumers, and, in particular, to promote awareness, among health
p.(None): consumers, disability services consumers, health care providers, and disability services providers of
p.(None): the rights of health consumers and disability services consumers and of the means by which those
p.(None): rights may be enforced:
p.(None): (d) to make public statements and publish reports in relation to any matter affecting the rights of health
p.(None): consumers or disability services consumers or both, including statements and reports that promote
p.(None): an understanding of, and compliance with, the Code or the provisions of this Act:
p.(None): (da) to act as the initial recipient of complaints about health care providers and disability services
p.(None): providers, and to ensure that each complaint is appropriately dealt with:
p.(None): (e) to investigate, on complaint or on the Commissioner’s own initiative, any action that is or appears to
p.(None): the Commissioner to be in breach of the Code or, in the case of conduct that occurred before the
p.(None): enactment of the Code, in breach of certain disciplinary standards:
p.(None): (f) to refer complaints, or investigations on the Commissioner’s own initiative, to the Director of
p.(None): Proceedings for the purpose of deciding whether or not any further action should be taken in respect
p.(None): of any such breach or alleged breach:
p.(None): (g) subject to section 15(2), to make recommendations to any appropriate person or authority in relation
p.(None): to the means by which complaints involving alleged breaches might be resolved and further
p.(None): breaches avoided:
p.(None): (h) to prepare guidelines for the operation of advocacy services in accordance with section 28:
p.(None): (i) to make suggestions to any person in relation to any matter that concerns the need for, or the
p.(None): desirability of, action by that person in the interests of the rights of health consumers or disability
p.(None): services consumers or both:
p.(None): (j) on the Commissioner’s own initiative or at the request of the Minister, to advise the Minister on any
p.(None): matter relating to—
p.(None): (i) the rights of health consumers or disability services consumers or both; or
p.(None): (ii) the administration of this Act:
p.(None): (k) to report to the Minister from time to time on the need for, or desirability of, legislative,
p.(None): administrative, or other action to give protection or better protection to the rights of health consumers
p.(None): or disability services consumers or both:
p.(None): (l) to receive and invite representations from members of the public and from any other body,
p.(None): organisation, or agency on matters relating to the rights of health consumers or disability services
p.(None): consumers or both:
p.(None): (m) to gather such information as in the Commissioner’s opinion will assist the Commissioner in carrying
p.(None): out the Commissioner’s functions under this Act:
...
p.(None): (f) in respect of health care providers and disability services providers in the area that the advocate
p.(None): serves,—
p.(None): (i) to provide information on the rights of health consumers and disability services consumers:
p.(None): (ii) to promote awareness of advocacy services:
p.(None): (iii) to provide advice on the establishment and maintenance of procedures for providing proper
p.(None): information to health consumers in relation to health care procedures and for the obtaining of
p.(None): consent to such health care procedures:
p.(None): (iv) to provide advice on the establishment and maintenance of procedures to ensure the
p.(None): protection of the rights of health consumers and of disability services consumers, including
p.(None): monitoring procedures and complaints procedures:
p.(None): (g) to receive complaints alleging that any action of any health care provider or disability services
p.(None): provider is or appears to be in breach of the Code:
p.(None): (h) in respect of a complaint of the kind referred to in paragraph (g), to represent or assist the person
p.(None): alleged to be aggrieved for the purposes of endeavouring to resolve the complaint by agreement
p.(None): between the parties concerned:
p.(None): (i) to provide assistance to persons who wish—
p.(None): (i) to pursue a complaint of the kind referred to in paragraph (g) through any formal or informal
p.(None): procedures (including proceedings before an authority) that exist for resolving that complaint:
p.(None): (ii) to make a representation to the Commissioner or any other body or person in respect of any
p.(None): matter that is or appears to be in breach of the Code:
p.(None): (j) to report regularly to the Director of Advocacy on the operation of advocacy services in the area
p.(None): served by the advocate:
p.(None): (k) to report to the Commissioner from time to time on any matter relating to the rights of health
p.(None): consumers or disability services consumers or both (whether in relation to a particular health
p.(None): consumer or disability services consumer, or a group of health consumers or disability services
p.(None): consumers, or in relation to health consumers or disability services consumers generally) that, in the
p.(None): advocate’s opinion, should be drawn to the attention of the Commissioner:
p.(None): (l) to exercise and perform such other functions, powers, and duties as are conferred or imposed on
p.(None): advocates by or under this Act or any other enactment.
p.(None): Section 30(i)(i): amended, on 18 September 2004, by section 8 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None):
p.(None):
p.(None): Part 4
p.(None): Complaints and investigations
p.(None): Part 4 heading: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Receipt of complaints
...
p.(None): services provider to whom the complaint relates of the Commissioner’s preliminary assessment.
p.(None): (3) This section does not preclude the Commissioner from revising a preliminary assessment and from
p.(None): subsequently exercising 1 or more of his or her other powers in relation to the complaint concerned.
p.(None): (4) If the Commissioner revises a preliminary assessment, the Commissioner must promptly notify the
p.(None): following persons and agencies of the revised assessment:
p.(None): (a) the complainant:
p.(None): (b) the health care provider or the disability services provider to whom the complaint relates:
p.(None): (c) any agency or any person to whom the complaint has, in accordance with section 34 or section 36,
p.(None): been referred:
p.(None): (d) any advocate to whom the complaint has been referred.
p.(None): Section 33: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Referral of complaints to agencies, persons, statutory officers, or advocates
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 34 Referral of complaint to agencies or persons involved in health or disability sector
p.(None): (1) At any time after completing a preliminary assessment of a complaint, the Commissioner may refer the
p.(None): complaint, in whole or in part,—
p.(None): (a) to the appropriate authority if it appears from the complaint that the competence of a health
p.(None): practitioner or his or her fitness to practise or the appropriateness of his or her conduct may be in
p.(None): doubt; or
p.(None): (b) to the Accident Compensation Corporation if it appears from the complaint that the aggrieved person
p.(None): may be entitled to cover under the Accident Compensation Act 2001; or
p.(None): (c) to the Director-General of Health if it appears from the complaint that failures or inadequacies in the
p.(None): systems or practices of the health care provider or the disability services provider concerned may
p.(None): harm the health or safety of members of the public; or
p.(None): (d) to the health care provider or the disability services provider to whom a complaint relates if the
p.(None): complaint does not raise questions about the health or safety of members of the public and can, in
p.(None): the Commissioner’s opinion, be appropriately resolved by the provider.
p.(None): (2) At any time before or after referring a complaint, in whole or in part, to an agency or person mentioned in
p.(None): subsection (1), the Commissioner may consult with that agency or person as to the most appropriate
p.(None): means of dealing with the complaint.
p.(None): (3) After referring a complaint, in whole or in part, to an agency or person mentioned in subsection (1), the
p.(None): Commissioner must notify the complainant and the health care provider or the disability services provider
p.(None): to whom the complaint relates of the action that has been taken.
...
p.(None): reasonable for the person alleged to be aggrieved to exercise.
p.(None): (3) Subsection (2) does not detract from the generality of subsection (1).
p.(None): (4) In any case where the Commissioner decides to take no action, or no further action, on a complaint, the
p.(None): Commissioner must inform the following persons and agencies of that decision and the reasons for it:
p.(None): (a) the complainant:
p.(None): (b) the health care provider or the disability services provider to whom the complaint relates:
p.(None): (c) any agency or any person to whom the complaint has, in accordance with section 34 or section 36,
p.(None): been referred:
p.(None): (d) any advocate to whom the complaint has been referred.
p.(None): Section 38: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 38 heading: amended, on 5 December 2013, by section 5 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None):
p.(None): Commissioner required to share certain information
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 39 Commissioner to inform agencies of certain risks
p.(None): (1) Whenever the Commissioner has reason to believe that the practice of a health practitioner may pose a
p.(None): risk of harm to the public, the Commissioner must promptly notify the appropriate authority of that belief
p.(None): and the reasons for it.
p.(None): (2) Whenever the Commissioner has reason to believe that failures or inadequacies in the systems or
p.(None): practices of a health care provider or a disability services provider are harming or are likely to harm the
p.(None): health or safety of members of the public, the Commissioner must promptly notify the Director-General of
p.(None): Health of that belief and the reasons for it.
p.(None): (3) If, during or after an investigation, the Commissioner is of the opinion that there is evidence of a significant
p.(None): breach of duty or misconduct on the part of a health care provider or disability services provider or an
p.(None): officer or employee or member of a health care provider or disability services provider, the Commissioner
p.(None): must promptly refer the matter to the appropriate person or agency.
p.(None): Section 39: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Investigations by Commissioner
p.(None): Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
p.(None):
p.(None): 40 Commissioner may investigate breaches
...
p.(None): Commissioner’s own initiative.
p.(None): Section 40: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 41 Complainant and provider to be notified of investigation
p.(None): (1) Before proceeding to investigate a matter under this Part, the Commissioner—
p.(None): (a) must, by written notice, inform the complainant (if any), the health care provider or the disability
p.(None): services provider to whom the investigation relates, and any person alleged to be aggrieved (if not
p.(None): the complainant) of the Commissioner’s intention to make the investigation; and
p.(None): (b) must, by written notice, inform the health care provider or the disability services provider to whom
p.(None): the investigation relates of—
p.(None): (i) the details of the complaint (if any) or, as the case may be, the subject matter of the
p.(None): investigation; and
p.(None): (ii) the right of that person to submit to the Commissioner, within 15 working days of the date of
p.(None): the notice, a written response in relation to the complaint or, as the case may be, the subject
p.(None): matter of the investigation.
p.(None): (2) The Commissioner may, at his or her discretion, extend the deadline of 15 working days set by a notice
p.(None): given under subsection (1)(b), and may do so before or after the deadline.
p.(None): Section 41: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 42 On notification of investigation authority not to take disciplinary action until further
p.(None): notice
p.(None): (1) In any case where, after deciding to investigate the action of a health care provider or a disability services
p.(None): provider, it appears to the Commissioner that the investigation directly concerns a health practitioner, the
p.(None): Commissioner must promptly give notice of the investigation to the appropriate authority.
p.(None): (2) Once the authority has received the notice, no disciplinary action under the Health Practitioners
p.(None): Competence Assurance Act 2003 may be taken in relation to any subject matter of the investigation until
p.(None): —
p.(None): (a) the Commissioner notifies the authority—
p.(None): (i) that the matter is not to be investigated, or investigated further, under this Act; or
p.(None): (ii) that the complaint or matter has been resolved; or
p.(None): (iii) that the matter is not to be referred to the Director of Proceedings under section 45(2)(f); or
p.(None): (b) the Director of Proceedings notifies the authority of his or her decision under section 49 not to
p.(None): institute disciplinary proceedings in relation to the matter.
p.(None): (3) This section does not prevent any action under the Health Practitioners Competence Assurance Act
p.(None): 2003—
p.(None): (a) under any of sections 36 to 42, 45 to 51, or 69 of that Act; or
p.(None): (b) in bringing and completing disciplinary proceedings initiated by a charge laid by the Director of
p.(None): Proceedings.
p.(None): Section 42: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 43 Information about result of investigation
p.(None): (1) As soon as reasonably practicable after the Commissioner completes an investigation, the Commissioner
p.(None): must advise the persons specified in subsection (2)—
p.(None): (a) of the results of the investigation; and
p.(None): (b) of any further action that the Commissioner proposes to take or that the Commissioner proposes to
p.(None): take no further action.
p.(None): (2) The persons referred to in subsection (1) are—
p.(None): (a) any complainant whose complaint led to the investigation:
p.(None): (b) any person alleged to be aggrieved (if not the complainant):
p.(None): (c) the health care provider or the disability services provider whose action was the subject of the
p.(None): investigation:
p.(None): (d) if the investigation directly concerns a health practitioner, the appropriate authority.
p.(None): Section 43: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 44 Consultation required before matter referred to Director of Proceedings
p.(None): (1) The Commissioner may not, under section 45(2)(f), refer 1 or more health care providers or disability
p.(None): services providers to the Director of Proceedings for a decision as to whether proceedings should be
p.(None): instituted or action taken in respect of a person unless the Commissioner has given that person an
p.(None): opportunity to comment on that proposed referral.
p.(None): (2) The Commissioner must have regard to any relevant factors of the kind specified in subsection (3) when
p.(None): the Commissioner considers whether or not to refer, under section 45(2)(f), 1 or more health care
p.(None): providers or disability services providers to the Director of Proceedings for a decision as to whether
p.(None): proceedings should be instituted or any action taken.
p.(None): (3) The kinds of factors referred to in subsection (2) are—
p.(None): (a) the wishes of the complainant (if any) and the aggrieved person (if not the complainant) in relation to
p.(None): the matter; and
p.(None): (b) any comments made under subsection (1) in relation to the matter; and
p.(None): (c) the need to ensure that appropriate proceedings are instituted in any case where the public interest
p.(None): (whether for reasons of public health or public safety or for any other reason) so requires.
p.(None): Section 44: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 45 Procedure after investigation
p.(None): (1) This section applies if, after making an investigation under this Part, the Commissioner is of the opinion
p.(None): that any action that was the subject matter of the investigation—
p.(None): (a) was in breach of the Code; or
p.(None): (b) in the case of an action of a health practitioner that was taken at a time before 1 July 1996, affected
p.(None): a health consumer and was, at the time that it was taken, a ground for bringing disciplinary
p.(None): proceedings against the health practitioner under a former health registration enactment.
p.(None): (2) If this section applies, the Commissioner may do all or any of the following:
p.(None): (a) report the Commissioner’s opinion, with reasons, to any health care provider or disability services
p.(None): provider whose action was the subject matter of the investigation, and may make any
p.(None): recommendations as the Commissioner thinks fit:
p.(None): (b) report the Commissioner’s opinion, with reasons, together with any recommendations that the
p.(None): Commissioner thinks fit, to all or any of the following:
p.(None): (i) any authority or professional body:
p.(None): (ii) the Accident Compensation Corporation:
p.(None): (iii) any other person that the Commissioner considers appropriate:
p.(None): (c) make any report to the Minister that the Commissioner thinks fit:
p.(None): (d) make a complaint to any authority in respect of any person:
p.(None): (e) if any person wishes to make such a complaint, assist that person to do so:
p.(None): (f) refer 1 or more health care providers or disability services providers to the Director of Proceedings
p.(None): for the purpose of deciding whether any 1 or more of the following actions should be taken in relation
p.(None): to those providers:
p.(None): (i) any of the actions contemplated by section 47:
p.(None): (ii) the institution of proceedings under section 50:
p.(None): (iii) the institution of disciplinary proceedings.
p.(None): (3) On referring 1 or more health care providers or disability services providers to the Director of Proceedings
p.(None): under subsection (2)(f), the Commissioner must advise the Director of Proceedings of any relevant factors
p.(None): of the kind specified in section 44(3).
p.(None): (4) Subsection (2)(f)(ii) does not apply if this section applies because of subsection (1)(b).
p.(None): Section 45: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 46 Implementation of recommendations of Commissioner
p.(None): (1) Where, in accordance with section 45(2)(a) or (b), the Commissioner makes any recommendation to any
p.(None): person, the Commissioner may request that person to notify the Commissioner, within a specified time, of
p.(None): the steps (if any) that the person proposes to take to give effect to that recommendation.
p.(None): (2) If, within a reasonable time after a recommendation is made, no action is taken which seems to the
p.(None): Commissioner to be adequate and appropriate, the Commissioner—
p.(None): (a) shall, after considering the comments (if any) of the person concerned, inform the complainant (if
p.(None): any) of the Commissioner’s recommendations and may make such comments on the matter as the
p.(None): Commissioner thinks fit; and
p.(None): (b) may, where the Commissioner considers it appropriate, transmit to the Minister such report on the
p.(None): matter as the Commissioner thinks fit.
p.(None): Compare: 1975 No 9 ss 22(3), 24
p.(None): Section 46(1): amended, on 18 September 2004, by section 10 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 47 Director of Proceedings’ right to participate in disciplinary and other proceedings
p.(None): (1) The Director of Proceedings may, after referral from the Commissioner under section 45(2)(f),—
p.(None): (a) provide assistance (whether financial or otherwise) to any complainant in any proceedings before
p.(None): any authority or tribunal:
p.(None): (b) provide representation (either in person or by counsel)—
p.(None): (i) for any complainant in any proceedings before an authority or a tribunal, in any case where the
p.(None): complainant, or any person acting on the complainant’s behalf, is permitted, by or under the
p.(None): rules of procedure governing those proceedings, to appear and be heard in those
p.(None): proceedings:
p.(None): (ii) for any party in any proceedings in any court in relation to any proceedings that are or have
p.(None): been before an authority or a tribunal:
p.(None): (iii) for any party in any proceedings before any court, tribunal, authority, Royal Commission,
p.(None): commission of inquiry, board of inquiry, court of inquiry, or committee of inquiry, in any case
p.(None): where those proceedings in any way relate to or arise from any matter that was or is the
p.(None): subject matter of any investigation by the Commissioner under this Part:
p.(None): (c) appear and be heard, either in person or by counsel, in any proceedings of a kind described in
p.(None): subparagraph (ii) or subparagraph (iii) of paragraph (b), whether or not the Director of Proceedings
p.(None): is a party to those proceedings:
p.(None): (d) in the Director of Proceedings’ own right, take such proceedings as the Director of Proceedings
p.(None): thinks fit before any court or other tribunal in respect of any matter that in any way relates to or
p.(None): arises from any matter that was or is the subject matter of any investigation by the Commissioner
p.(None): under this Part.
p.(None): (2) Where, pursuant to subsection (1)(c), the Director of Proceedings appears in any proceedings, the
p.(None): Director of Proceedings shall, unless those proceedings are by way of appeal, have the right—
p.(None): (a) to call evidence on any matter (including evidence in rebuttal) that should be taken into account in
p.(None): the proceedings:
p.(None): (b) to examine, cross-examine, and re-examine witnesses,—
p.(None): but shall have no greater rights than parties to the proceedings in respect of the calling of evidence or
p.(None): evidence in rebuttal, or in respect of the examination, cross-examination, and re-examination of
p.(None): witnesses.
p.(None): (3) Where, pursuant to subsection (1)(c), the Director of Proceedings appears in any proceedings to which
p.(None): the Director of Proceedings is not a party, the court, tribunal, or other body before which those
...
p.(None): Proceedings in so doing; or
p.(None): (b) as to the payment by the Director of Proceedings of any costs incurred by any party to the
p.(None): proceedings by reason of the appearance of the Director of Proceedings.
p.(None): (4) Where any costs are so awarded to the Director of Proceedings, the Commissioner may recover them in
p.(None): the same manner as parties to the proceedings may recover costs awarded to them.
p.(None): (5) Costs ordered to be paid by the Director of Proceedings shall be paid by the Commissioner.
p.(None): (6) Nothing in subsection (3) limits or affects any power of a court, tribunal, or other body to award costs in
p.(None): any proceedings to which the Director of Proceedings is a party.
p.(None): Section 47(1): amended, on 5 December 2013, by section 6 of the Health and Disability Commissioner Amendment Act 2013 (2013
p.(None): No 120).
p.(None): Section 47(1)(a): amended, on 18 September 2004, by section 11(a) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 47(1)(b)(i): amended, on 18 September 2004, by section 11(b) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 47(1)(b)(ii): amended, on 18 September 2004, by section 11(b) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None):
p.(None): 48 Commissioner to report certain matters to appropriate authority
p.(None): [Repealed]
p.(None): Section 48: repealed, on 18 September 2004, by section 12 of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): 49 Functions of Director of Proceedings
p.(None): (1) The functions of the Director of Proceedings under this Part are—
p.(None): (a) to decide, on referral from the Commissioner pursuant to section 45(2)(f),—
p.(None): (i) whether to institute proceedings under section 50, or disciplinary proceedings, or both, against
p.(None): a person against whom a complaint has been made under this Part or in respect of whom an
p.(None): investigation has been conducted under this Part; and
p.(None): (ii) whether to take any of the actions contemplated by section 47; and
p.(None): (b) if the Director of Proceedings decides that such proceedings should be instituted or, as the case
p.(None): may be, that any such action should be taken, to institute the proceedings or, as the case may be, to
p.(None): take the action.
p.(None): (2) [Repealed]
p.(None): (3) [Repealed]
p.(None): Section 49(1)(a): amended, on 18 September 2004, by section 13(1) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Section 49(2): repealed, on 18 September 2004, by section 13(2) of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None): Section 49(3): repealed, on 18 September 2004, by section 13(2) of the Health and Disability Commissioner Amendment Act 2003 (2003
p.(None): No 49).
p.(None):
p.(None): Proceedings before Human Rights Review Tribunal
...
p.(None): Sections 92Q to 92W and Part 4 of the Human Rights Act 1993 shall apply, with such modifications as are
p.(None): necessary, in respect of proceedings under section 50 or section 51 of this Act as if they were
p.(None): proceedings under section 92E of that Act.
p.(None): Compare: 1993 No 28 s 89; 1993 No 82 s 145
p.(None): Section 58: amended, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
p.(None):
p.(None):
p.(None):
p.(None): Part 5
p.(None): Miscellaneous provisions
p.(None): Miscellaneous provisions
p.(None):
p.(None): 59 Procedure
p.(None): (1) Every investigation under Part 4 by the Commissioner may be conducted in public or in private.
p.(None): (2) Subject to section 67,—
p.(None): (a) the Commissioner may hear or obtain information from such persons as the Commissioner thinks fit,
p.(None): including, where the Commissioner considers that cultural matters are a factor relevant to a
p.(None): complaint or investigation, information from such persons as the Commissioner thinks have
p.(None): knowledge of or experience in those matters:
p.(None): (b) the Commissioner may make such inquiries as the Commissioner thinks fit:
p.(None): (c) it shall not be necessary for the Commissioner to hold any hearing.
p.(None): (3) Subject to sections 41(b) and 67, no person shall be entitled as of right to be heard by the Commissioner.
p.(None): (4) Without limiting any other provision of this Act, the Commissioner may, at any time, if the Commissioner
p.(None): considers that it is necessary or desirable in the public interest (whether for reasons of public health or
p.(None): public safety or for any other reason) that any matter be brought to the attention of any person or
p.(None): authority, refer the matter to the appropriate person or authority.
p.(None): (5) Subject to the provisions of this Act, the Commissioner and every advocate may regulate his or her
p.(None): procedure in such manner as he or she thinks fit.
p.(None): Compare: 1993 No 28 s 90
p.(None):
p.(None): 60 Duty to forward complaints
p.(None): Notwithstanding any provision in any enactment, where any letter appearing to be written by or on behalf
p.(None): of any health consumer in any health care institution is addressed to the Commissioner or to an advocate,
p.(None): the person for the time being in charge of that institution shall immediately forward the letter, unopened, to
p.(None): the Commissioner or, as the case may require, that advocate.
p.(None): Compare: 1975 No 9 s 16
p.(None):
p.(None): 61 Mediation conference
p.(None): (1) Where, in respect of any matter that is the subject of a complaint made to, or an investigation by, the
p.(None): Commissioner, the Commissioner is of the opinion that it would be appropriate to do so, the
p.(None): Commissioner may call a conference of the parties concerned in an endeavour to resolve the matter by
p.(None): agreement between those parties.
p.(None): (2) Any such conference may be called by a notice in writing signed by the Commissioner notifying the date,
p.(None): time, and place of the conference.
p.(None): (3) In addition to the parties or their representatives, the Commissioner may also invite to attend the
p.(None): conference any other person whose attendance would in the Commissioner’s opinion be likely to assist in
p.(None): resolving the matter by agreement between the parties.
p.(None): (4) There may be paid, out of the funds of the Commissioner,—
...
p.(None): document, or the refusal to answer any question, on the ground that the disclosure of the document or the
p.(None): answering of the question would be injurious to the public interest, shall not apply in respect of any
p.(None): investigation by or proceedings before the Commissioner.
p.(None): Compare: 1993 No 82 s 129
p.(None):
p.(None): 65 Proceedings privileged
p.(None): (1) Sections 120 to 126 and section 135 of the Crown Entities Act 2004 apply to an advocate, with any
p.(None): necessary modifications, as if the advocate were an office holder.
p.(None): (2) Subject to subsection (3),—
p.(None): (a) [Repealed]
p.(None): (b) none of the Commissioner, an office holder, or employee of the Commissioner, nor any advocate is
p.(None): required to give evidence in any court, or in any proceedings of a judicial nature, in respect of
p.(None): anything coming to his or her knowledge in the exercise of his or her functions.
p.(None): (3) Nothing in subsection (2) applies in respect of proceedings for—
p.(None): (a) an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
p.(None): (b) the offence of conspiring to commit an offence against section 78, 78AA(1), 78A(1), 105, 105A, or
p.(None): 105B of the Crimes Act 1961.
p.(None): (4) Anything said or any information supplied or any document or thing produced by any person in the course
p.(None): of any inquiry by or proceedings before the Commissioner or an advocate under this Act shall be
p.(None): privileged in the same manner as if the inquiry or proceedings were proceedings in a court.
p.(None): (5) For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report made under
p.(None): this Act by the Commissioner shall be deemed to be an official report made by a person holding an inquiry
p.(None): under the authority of the Parliament of New Zealand.
p.(None): Compare: 1993 No 82 s 130
p.(None): Section 65(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 65(2)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 65(2)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 65(3)(a): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
p.(None): Section 65(3)(b): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
p.(None):
p.(None): 66 Corrupt use of official information
p.(None): [Repealed]
p.(None): Section 66: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 67 Adverse comment
p.(None): The Commissioner shall not, in any report or recommendation made or published under any of sections
p.(None): 14, 45, and 46(2)(b) or its annual report under Part 4 of the Crown Entities Act 2004 , make any comment
p.(None): that is adverse to any person unless—
p.(None): (a) that person has been given a reasonable opportunity—
p.(None): (i) to be heard; and
p.(None): (ii) to make a written statement in answer to the adverse comment; and
p.(None): (b) where that person so requires, there is included in or appended to the report or recommendation
p.(None): either—
p.(None): (i) the written statement referred to in paragraph (a)(ii); or
p.(None): (ii) a fair and accurate summary of that statement,—
p.(None): whichever the Commissioner considers is more appropriate in the circumstances.
p.(None): Compare: 1993 No 82 s 138
p.(None): Section 67: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): Delegations
p.(None):
...
p.(None): under the delegation.
p.(None): Compare: 1993 No 28 s 121(2), (4)–(8)
p.(None): Section 69(1): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 69(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(3): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 69(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(4): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 69(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Section 69(6): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 69(6): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 70 Delegate to produce evidence of authority
p.(None): Any person purporting to exercise any power of the Commissioner or, as the case requires, the Director of
p.(None): Proceedings or the Director of Advocacy by virtue of a delegation under section 68(4) or (5) shall, when
p.(None): required to do so, produce evidence of that person’s authority to exercise the power.
p.(None): Compare: 1993 No 28 s 122
p.(None): Section 70: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 71 Revocation of delegations
p.(None): (1) Every delegation under section 68(4) or (5) shall be revocable in writing at will.
p.(None): (2) Any such delegation, until it is revoked, shall continue in force according to its tenor, notwithstanding that
p.(None): the person by whom the delegation was made may have ceased to hold office, and shall continue to have
p.(None): effect as if made by the successor in office of the person by whom the delegation was made.
p.(None): Compare: 1993 No 28 s 123
p.(None): Section 71(1): amended (with effect on 25 January 2005), on 20 September 2007, by section 7 of the Health and Disability Commissioner
p.(None): Amendment Act 2007 (2007 No 62).
p.(None): Section 71(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): Vicarious liability
p.(None):
p.(None): 72 Liability of employer and principal
p.(None): (1) In this section, the term employing authority means a health care provider or a disability services
p.(None): provider.
p.(None): (2) Subject to subsection (5), anything done or omitted by a person as the employee of an employing
p.(None): authority shall, for the purposes of this Act, be treated as done or omitted by that employing authority as
p.(None): well as by the first-mentioned person, whether or not it was done or omitted with that employing authority’s
p.(None): knowledge or approval.
p.(None): (3) Anything done or omitted by a person as the agent of an employing authority shall, for the purposes of this
p.(None): Act, be treated as done or omitted by that employing authority as well as by the first-mentioned person,
p.(None): unless it is done or omitted without that employing authority’s express or implied authority, precedent or
p.(None): subsequent.
p.(None): (4) Anything done or omitted by a person as a member of an employing authority shall, for the purposes of
p.(None): this Act, be treated as done or omitted by that employing authority as well as by the first-mentioned
p.(None): person, unless it is done or omitted without that employing authority’s express or implied authority,
p.(None): precedent or subsequent.
p.(None): (5) In any proceedings under this Act against any employing authority in respect of anything alleged to have
p.(None): been done or omitted by an employee of that employing authority, it shall be a defence for that employing
p.(None): authority to prove that he or she or it took such steps as were reasonably practicable to prevent the
p.(None): employee from doing or omitting to do that thing, or from doing or omitting to do as an employee of the
p.(None): employing authority things of that description.
p.(None): Compare: 1993 No 82 s 68
p.(None):
p.(None): Offences
p.(None): 73 Offences
p.(None): Every person commits an offence against this Act and is liable on conviction to a fine not exceeding
p.(None): $3,000 who,—
p.(None): (a) without reasonable excuse, obstructs, hinders, or resists the Commissioner or any other person in
p.(None): the exercise of their powers under this Act:
p.(None): (b) without reasonable excuse, refuses or fails to comply with any lawful requirement of the
p.(None): Commissioner or any other person under this Act:
p.(None): (c) makes any statement or gives any information to the Commissioner or any other person exercising
p.(None): powers under this Act, knowing that the statement or information is false or misleading:
p.(None): (d) represents directly or indirectly that he or she holds any authority under this Act when he or she
p.(None): does not hold that authority.
p.(None): Compare: 1975 No 9 s 30
p.(None): Section 73: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.(None): Regulations
p.(None):
p.(None): 74 Regulations
p.(None): (1) The Governor-General may from time to time, by Order in Council, make regulations prescribing a Code
p.(None): of Health and Disability Services Consumers’ Rights.
p.(None): (2) In addition to the power conferred by subsection (1), the Governor-General may from time to time, by
p.(None): Order in Council, make regulations for all or any of the following purposes:
p.(None): (a) prescribing the procedure for the service of notices and other documents under this Act:
p.(None): (b) providing for such matters as are contemplated by or necessary for giving effect to this Act and for
p.(None): its due administration.
p.(None):
p.(None): 75 Where regulations made against or without advice of Commissioner
p.(None): (1) This section applies where any regulations are made under section 74(1)—
p.(None): (a) as a result of any draft Code, or any draft amendments to a Code, forwarded to the Minister by the
p.(None): Commissioner, where the regulations differ in any material respect (other than in matters of drafting
p.(None): style) from the draft so forwarded; or
p.(None): (b) other than in accordance with, or in the absence of, a recommendation of the Commissioner.
p.(None): (2) Where this section applies, the Minister shall, within 12 sitting days of the making of the regulations, lay
p.(None): before the House of Representatives a statement setting out the following matters:
p.(None): (a) where paragraph (a) of subsection (1) applies,—
p.(None): (i) the respects in which the regulations differ in a material respect (other than in matters of
...
p.(None):
p.(None): 4 Superannuation or retiring allowances
p.(None): (1) For the purpose of providing superannuation or retiring allowances for the Commissioner , the
p.(None): Commissioner may, out of the funds of the Commissioner, make payments to or subsidise any retirement
p.(None): scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013) .
p.(None): (2) Notwithstanding anything in this Act, any person who, immediately before being appointed as the
p.(None): Commissioner or, as the case may be, becoming an employee of the Commissioner, is a contributor to
p.(None): the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund
p.(None): Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956 ,
p.(None): employed in the Government service so long as that person continues to hold office as the Commissioner
p.(None): or, as the case may be, to be an employee of the Commissioner; and that Act shall apply to that person in
p.(None): all respects as if that person’s service as the Commissioner or, as the case may be, as such an employee
p.(None): were Government service.
p.(None): (3) Subject to the Government Superannuation Fund Act 1956 , nothing in subclause (2) entitles any such
p.(None): person to become a contributor to the Government Superannuation Fund after that person has once
p.(None): ceased to be a contributor.
p.(None): (4) For the purpose of applying the Government Superannuation Fund Act 1956 , in accordance with
p.(None): subclause (2), to a person who holds office as the Commissioner or, as the case may be, is in the service
p.(None): of the Commissioner as an employee and (in either case) is a contributor to the Government
p.(None): Superannuation Fund, the term controlling authority, in relation to any such person, means the
p.(None): Commissioner.
p.(None): (5) For the purposes of this clause, Commissioner includes any Deputy Commissioner or the Mental Health
p.(None): Commissioner.
p.(None): Schedule 2 clause 4(1): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013
p.(None): (2013 No 70).
p.(None): Schedule 2 clause 4(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None): Schedule 2 clause 4(5): added, on 18 September 2004, by section 21(2) of the Health and Disability Commissioner Amendment Act 2003
p.(None): (2003 No 49).
p.(None): Schedule 2 clause 4(5): amended, on 1 July 2012, by section 5(5) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
p.(None):
p.(None): 5 Application of certain Acts to Commissioner and staff
p.(None): [Repealed]
p.(None): Schedule 2 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 6 Services for Commissioner
p.(None): [Repealed]
p.(None): Schedule 2 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 7 Funds of Commissioner
p.(None): [Repealed]
p.(None): Schedule 2 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 8 Bank accounts
p.(None): [Repealed]
p.(None): Schedule 2 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
p.(None): 9 Investment of money
p.(None): [Repealed]
p.(None): Schedule 2 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.(None):
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| authority | Relationship to Authority |
| belief | Religion |
| child | Child |
| children | Child |
| conviction | Religion |
| criminal | criminal |
| dependency | Drug Dependence |
| disability | Mentally Disabled |
| education | education |
| educational | education |
| employees | employees |
| ethnic | Ethnicity |
| faith | Religion |
| family | Motherhood/Family |
| home | Property Ownership |
| ill | ill |
| married | Marital Status |
| mentally | Mentally Disabled |
| minor | Youth/Minors |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| party | political affiliation |
| property | Property Ownership |
| religious | Religion |
| substance | Drug Usage |
| union | Trade Union Membership |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| belief | ['faith', 'conviction', 'religious'] |
| child | ['children'] |
| children | ['child'] |
| conviction | ['faith', 'belief', 'religious'] |
| disability | ['mentally'] |
| education | ['educational'] |
| educational | ['education'] |
| faith | ['belief', 'conviction', 'religious'] |
| home | ['property'] |
| mentally | ['disability'] |
| property | ['home'] |
| religious | ['faith', 'belief', 'conviction'] |
Trigger Words
consent
cultural
harm
protect
protection
risk
Applicable Type / Vulnerability / Indicator Overlay for this Input