New Zealand Legislation: Acts

17B Referral of complaint to Health and Disability Commissioner

• (1) Where, on receiving a complaint under this Act, an Ombudsman considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994, the Ombudsman shall forthwith consult with the Health and Disability Commissioner in order to determine the appropriate means of dealing with the complaint.

  (2) As soon as practicable after consulting with the Health and Disability Commissioner under subsection (1) of this section, the Ombudsman shall determine whether the complaint should be dealt with, in whole or in part, under this Act.

  (3) If the Ombudsman determines that the complaint should be dealt with, in whole or in part, under the Health and Disability Commissioner Act 1994, the Ombudsman shall forthwith refer the complaint or, as the case requires, the appropriate part of the complaint to the Health and Disability Commissioner to be dealt with accordingly, and shall notify the complainant of the action that has been taken.

  Section 17B was inserted, as from 1 July 1996, by section 76(1) Health and Disability Commissioner Act 1994 (1994 No 88). See clause 2 Health and Disability Commissioner Act Commencement Order 1996 (SR 1996/79).