72A Referral of complaint to Health and Disability Commissioner

(1)

Where, on receiving a complaint under this Part, the Commissioner 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 Commissioner 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), the Commissioner shall determine whether or not the complaint should be dealt with, in whole or in part, under this Act.

(3)

If the Commissioner determines that the complaint should be dealt with, in whole or in part, under the Health and Disability Commissioner Act 1994, the Commissioner 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 72A: inserted, on 1 July 1996, by section 81(1) of the Health and Disability Commissioner Act 1994 (1994 No 88).