Health and Disability Commissioner Act 1994

Reprint as at 1 December 2014

Coat of Arms of New Zealand

Health and Disability Commissioner Act 1994

Public Act
1994 No 88
Date of assent
20 October 1994
see section 1

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.


1Short Title and commencement
3Definition of health care provider
4Definition of registered health professional [Repealed]
5Act to bind the Crown
7Strategies and objectives to be taken into account
8Health and Disability Commissioner
9Deputy Commissioners and Mental Health Commissioner
10Qualifications for appointment
11Commissioner to hold no other office [Repealed]
12Term of office [Repealed]
13Vacation of office [Repealed]
14Functions of Commissioner
15Director of Proceedings
16Annual report [Repealed]
17Further provisions relating to Commissioner
18Review of operation of Act
19Commissioner to prepare draft Code
20Content of Code
21Review of Code
22Notification of intention to forward draft Code to Minister
23Consultation on preparation and review of Code
24Director of Health and Disability Services Consumer Advocacy
25Functions of Director of Advocacy
26Advocacy services to operate independently
27Purchase of consumer advocacy services
28Guidelines for operation of advocacy services
29Consultation on preparation of guidelines
30Functions of advocates
31General right to make complaints
32Complaints referred to Commissioner
33Preliminary assessment
34Referral of complaint to agencies or persons involved in health or disability sector
35Agencies or persons to keep Commissioner informed about referred complaints
36Referrals of complaints to certain statutory officers
37Commissioner may refer complaint to advocate
38Commissioner may decide to take no action or no further action on complaint
39Commissioner to inform agencies of certain risks
40Commissioner may investigate breaches
41Complainant and provider to be notified of investigation
42On notification of investigation authority not to take disciplinary action until further notice
43Information about result of investigation
44Consultation required before matter referred to Director of Proceedings
45Procedure after investigation
46Implementation of recommendations of Commissioner
47Director of Proceedings’ right to participate in disciplinary and other proceedings
48Commissioner to report certain matters to appropriate authority [Repealed]
49Functions of Director of Proceedings
50Proceedings before Human Rights Review Tribunal
51Aggrieved person may bring proceedings before Tribunal
52Remedies that may be sought
53Limitation on right to bring proceedings
54Powers of Human Rights Review Tribunal
55Right of Director of Proceedings to appear in proceedings
56Proof of exceptions
58Certain provisions of Human Rights Act 1993 to apply
60Duty to forward complaints
61Mediation conference
63Protection and privileges of witnesses, etc
64Disclosure of certain matters not to be required
65Proceedings privileged
66Corrupt use of official information [Repealed]
67Adverse comment
68Delegation of functions and powers
69Further provisions relating to delegations
70Delegate to produce evidence of authority
71Revocation of delegations
72Liability of employer and principal
75Where regulations made against or without advice of Commissioner
76Amendments to Ombudsmen Act 1975
77Amendments to Higher Salaries Commission Act 1977 [Repealed]
78Amendment to Public Finance Act 1989 [Repealed]
79Amendment to Accident Rehabilitation and Compensation Insurance Act 1992
80Amendments to Health Reforms (Transitional Provisions) Act 1993
81Amendments to Privacy Act 1993
82Amendment to Human Rights Act 1993
Reprint notes

An Act to promote and protect the rights of health consumers and disability services consumers, and, in particular,—


to secure the fair, simple, speedy, and efficient resolution of complaints relating to infringements of those rights; and


to provide for the appointment of a Health and Disability Commissioner to investigate complaints against persons or bodies who provide health care or disability services; and to define the Commissioner’s functions and powers; and


to provide for the establishment of a Health and Disability Services Consumer Advocacy Service; and


to provide for the promulgation of a Code of Health and Disability Services Consumers’ Rights; and


to provide for matters incidental thereto