The rights of consumers and the duties of providers under this Code are as follows:
Right to be treated with respect
(1) Every consumer has the right to be treated with respect.
(2) Every consumer has the right to have his or her privacy respected.
(3) Every consumer has the right to be provided with services that take into account the needs, values, and beliefs of different cultural, religious, social, and ethnic groups, including the needs, values, and beliefs of Maori.
Right to freedom from discrimination, coercion, harassment, and exploitation
Every consumer has the right to be free from discrimination, coercion, harassment, and sexual, financial, or other exploitation.
Right to dignity and independence
Every consumer has the right to have services provided in a manner that respects the dignity and independence of the individual.
Right to services of an appropriate standard
(1) Every consumer has the right to have services provided with reasonable care and skill.
(2) Every consumer has the right to have services provided that comply with legal, professional, ethical, and other relevant standards.
(3) Every consumer has the right to have services provided in a manner consistent with his or her needs.
(4) Every consumer has the right to have services provided in a manner that minimises the potential harm to, and optimises the quality of life of, that consumer.
(5) Every consumer has the right to co-operation among providers to ensure quality and continuity of services.
Right to effective communication
(1) Every consumer has the right to effective communication in a form, language, and manner that enables the consumer to understand the information provided. Where necessary and reasonably practicable, this includes the right to a competent interpreter.
(2) Every consumer has the right to an environment that enables both consumer and provider to communicate openly, honestly, and effectively.
Right to be fully informed
(1) Every consumer has the right to the information that a reasonable consumer, in that consumer’s circumstances, would expect to receive, including—
(b) an explanation of the options available, including an assessment of the expected risks, side effects, benefits, and costs of each option; and
(e) any other information required by legal, professional, ethical, and other relevant standards; and
(2) Before making a choice or giving consent, every consumer has the right to the information that a reasonable consumer, in that consumer’s circumstances, needs to make an informed choice or give informed consent.
(3) Every consumer has the right to honest and accurate answers to questions relating to services, including questions about—
(4) Every consumer has the right to receive, on request, a written summary of information provided.
Right to make an informed choice and give informed consent
(1) Services may be provided to a consumer only if that consumer makes an informed choice and gives informed consent, except where any enactment, or the common law, or any other provision of this Code provides otherwise.
(2) Every consumer must be presumed competent to make an informed choice and give informed consent, unless there are reasonable grounds for believing that the consumer is not competent.
(3) Where a consumer has diminished competence, that consumer retains the right to make informed choices and give informed consent, to the extent appropriate to his or her level of competence.
(4) Where a consumer is not competent to make an informed choice and give informed consent, and no person entitled to consent on behalf of the consumer is available, the provider may provide services where—
(i) if the consumer’s views have been ascertained, and having regard to those views, the provider believes, on reasonable grounds, that the provision of the services is consistent with the informed choice the consumer would make if he or she were competent; or
(5) Every consumer may use an advance directive in accordance with the common law.
(6) Where informed consent to a health care procedure is required, it must be in writing if—
(7) Every consumer has the right to refuse services and to withdraw consent to services.
(8) Every consumer has the right to express a preference as to who will provide services and have that preference met where practicable.
(9) Every consumer has the right to make a decision about the return or disposal of any body parts or bodily substances removed or obtained in the course of a health care procedure.
(10) No body part or bodily substance removed or obtained in the course of a health care procedure may be stored, preserved, or used otherwise than—
Right to support
Every consumer has the right to have one or more support persons of his or her choice present, except where safety may be compromised or another consumer’s rights may be unreasonably infringed.
Rights in respect of teaching or research
The rights in this Code extend to those occasions when a consumer is participating in, or it is proposed that a consumer participate in, teaching or research.
Right to complain
(1) Every consumer has the right to complain about a provider in any form appropriate to the consumer.
(2) Every consumer may make a complaint to—
(3) Every provider must facilitate the fair, simple, speedy, and efficient resolution of complaints.
(4) Every provider must inform a consumer about progress on the consumer’s complaint at intervals of not more than 1 month.
(5) Every provider must comply with all the other relevant rights in this Code when dealing with complaints.
(6) Every provider, unless an employee of a provider, must have a complaints procedure that ensures that—
(7) Within 10 working days of giving written acknowledgement of a complaint, the provider must,—
(8) As soon as practicable after a provider decides whether or not it accepts that a complaint is justified, the provider must inform the consumer of—
Schedule clause 2 right 7(10): substituted, on 10 June 2004, by regulation 3(1) of the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Amendment Regulations 2004 (SR 2004/116).