New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 3 March 2010
| Public Act | 1994 No 88 |
| Date of assent | 20 October 1994 |
| Commencement | see section 1 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Health.
1 Short Title and commencement
3 Definition of health care provider
4 Definition of registered health professional [Repealed]
7 Strategies and objectives to be taken into account
Part 1
Health and Disability Commissioner
8 Health and Disability Commissioner
10 Qualifications for appointment
11 Commissioner to hold no other office [Repealed]
12 Term of office [Repealed]
13 Vacation of office [Repealed]
16 Annual report [Repealed]
17 Further provisions relating to Commissioner
Part 2
Code of Health and Disability Services Consumers’ Rights
19 Commissioner to prepare draft Code
22 Notification of intention to forward draft Code to Minister
23 Consultation on preparation and review of Code
Part 3
Health and Disability Services Consumer Advocacy Service
24 Director of Health and Disability Services Consumer Advocacy
25 Functions of Director of Advocacy
26 Advocacy services to operate independently
27 Purchase of consumer advocacy services
28 Guidelines for operation of advocacy services
29 Consultation on preparation of guidelines
Part 4
Complaints and investigations
31 General right to make complaints
32 Complaints referred to Commissioner
Referral of complaints to agencies, persons, statutory officers, or advocates
34 Referral of complaint to agencies or persons involved in health or disability sector
35 Agencies or persons to keep Commissioner informed about referred complaints
36 Referrals of complaints to certain statutory officers
37 Commissioner may refer complaint to advocate
38 Commissioner may decide to take no action on complaint
Commissioner required to share certain information
39 Commissioner to inform agencies of certain risks
Investigations by Commissioner
40 Commissioner may investigate breaches
41 Complainant and provider to be notified of investigation
42 On notification of investigation authority not to take disciplinary action until further notice
43 Information about result of investigation
44 Consultation required before matter referred to Director of Proceedings
45 Procedure after investigation
46 Implementation of recommendations of Commissioner
47 Director of Proceedings’ right to participate in disciplinary and other proceedings
48 Commissioner to report certain matters to appropriate authority [Repealed]
49 Functions of Director of Proceedings
Proceedings before Human Rights Review Tribunal
50 Proceedings before Human Rights Review Tribunal
51 Aggrieved person may bring proceedings before Tribunal
52 Remedies that may be sought
53 Limitation on right to bring proceedings
54 Powers of Human Rights Review Tribunal
55 Right of Director of Proceedings to appear in proceedings
58 Certain provisions of Human Rights Act 1993 to apply
Part 5
Miscellaneous provisions
63 Protection and privileges of witnesses, etc
64 Disclosure of certain matters not to be required
66 Corrupt use of official information [Repealed]
68 Delegation of functions and powers
69 Further provisions relating to delegations
70 Delegate to produce evidence of authority
72 Liability of employer and principal
75 Where regulations made against or without advice of Commissioner
Amendments to other enactments
76 Amendments to Ombudsmen Act 1975
77 Amendments to Higher Salaries Commission Act 1977 [Repealed]
78 Amendment to Public Finance Act 1989 [Repealed]
79 Amendment to Accident Rehabilitation and Compensation Insurance Act 1992
80 Amendments to Health Reforms (Transitional Provisions) Act 1993
81 Amendments to Privacy Act 1993
82 Amendment to Human Rights Act 1993
Schedule 1
Former health registration enactments
An Act to promote and protect the rights of health consumers and disability services consumers, and, in particular,—
(a) to secure the fair, simple, speedy, and efficient resolution of complaints relating to infringements of those rights; and
(b) 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
(c) to provide for the establishment of a Health and Disability Services Consumer Advocacy Service; and
(d) to provide for the promulgation of a Code of Health and Disability Services Consumers’s Rights; and
(e) to provide for matters incidental thereto
