New Zealand Legislation: Acts

22 Notification of intention to forward draft Code to Minister

• (1) The Commissioner shall not forward a draft Code of Health and Disability Services Consumers' Rights to the Minister in accordance with section 19(1) of this Act unless—

  • (a) The Commissioner has given public notice of the Commissioner's intention to forward a draft Code to the Minister, which notice shall contain a statement that—

    • (i) The details of the proposed draft Code, including a copy of the proposed draft Code, may be obtained from the Commissioner; and

    • (ii) Submissions on the proposed draft Code may be made in writing to the Commissioner within such period as is specified in the notice; and

  • (b) Without limiting section 23 of this Act, the Commissioner has done everything reasonably possible on his or her part to advise all persons whom the Commissioner considers may have an interest in the proposed draft Code, or representatives of those persons, of the terms of the proposed draft Code, has given such persons or their representatives a reasonable opportunity to consider the proposed draft Code and to make submissions on it to the Commissioner, and has considered any such submissions.

  (2) Nothing in subsection (1) of this section prevents the Commissioner from adopting any additional means of publicising the proposal to forward a draft Code to the Minister, or of consulting with interested parties in relation to such a draft Code.

  (3) Failure to comply with all or any of the requirements of subsection (1) of this section shall in no way affect the validity of any Code of Health and Disability Services Consumers' Rights prescribed by regulations made under section 74(1) of this Act.