This section and sections 1, 5, 6, and 222 come into force on the day on which this Act receives the Royal assent.

Sections 52 to 63, and 177 come into force on the 28th day after the date on which this Act receives the Royal assent.

Sections 11 to 14, section 114(2) to (5), sections 115 to 117, section 118(a), sections 119 to 122, and clauses 1 to 16 of Schedule 3 come into force on the day that is 3 months after the date on which this Act receives the Royal assent.

The amendments in Schedule 4 to the Health and Disability Commissioner Act 1994 and to the Social Workers Registration Act 2003 (other than to section 4 of the latter Act) come into force—

The rest of this Act comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.

The principal purpose of this Act is to protect the health and safety of members of the public by providing for mechanisms to ensure that health practitioners are competent and fit to practise their professions.

This Act seeks to attain its principal purpose by providing, among other things,—

Part 1 is concerned with preliminary matters, such as the definitions of terms used in the Act. It also contains certain key provisions. These include provisions that—

Part 2 sets out the conditions that a health professional must meet in order to practise as a health practitioner under this Act. The Part includes provisions that—

Part 3 provides mechanisms for improving the competence of health practitioners and for protecting the public from health practitioners who practise below the required standard of competence or who are unable to perform the required functions. These mechanisms include competence reviews, competence programmes, recertification programmes, medical examinations, and protected quality assurance activities. The Part also contains provisions that—

Part 4 provides for the establishment by each authority of professional conduct committees to investigate complaints referred to the authority by the Health and Disability Commissioner. Professional conduct committees are also required to investigate the circumstances of certain offences committed by health practitioners. The Part also establishes a single tribunal, called the Health Practitioners Disciplinary Tribunal, to hear and determine charges brought against practitioners by the Director of Proceedings or by a professional conduct committee.

Part 5 provides for appeals to the District Court against the decisions of an authority, and for appeals to the High Court against decisions of the Health Practitioners Disciplinary Tribunal.

Part 6 continues certain registration authorities as authorities under the Act. It also establishes the Midwifery Council, the Osteopathic Council, and the Pharmacy Council. The Part also contains provisions that—

Part 7 contains (in subpart 1) miscellaneous provisions, including provisions of general application (such as, for example, a provision on the way notice is to be given under the Act), consequential amendments, repeals, savings, and (in subpart 2) transitional provisions, including provisions for the continued recognition of the registration of health practitioners who were, immediately before the expiry of 1 year beginning on the date on which this Act received the Royal assent, registered under a health-registration statute.

This section is only a guide to the general scheme of this Act.

In this Act, unless the context otherwise requires,—

A reference in this Act to an authority responsible for a profession is a reference to the authority that is appointed in respect of the profession concerned.

In Parts 4 and 5, health practitioner includes a former health practitioner.

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

This Act binds the Crown.

A person may only use names, words, titles, initials, abbreviations, or descriptions stating or implying that the person is a health practitioner of a particular kind if the person is registered, and is qualified to be registered, as a health practitioner of that kind.

No person may claim to be practising a profession as a health practitioner of a particular kind or state or do anything that is calculated to suggest that the person practises or is willing to practise a profession as a health practitioner of that kind unless the person—

No person may make an express or implied statement about another person that the other person is prohibited by subsection (1) or subsection (2) from making about himself or herself.

Subsection (2) does not prohibit a person from stating his or her willingness to practise a profession for the purposes of seeking employment if the person is, or would on obtaining that employment be, qualified to be registered as a health practitioner of that profession and to hold a current practising certificate as a health practitioner of that profession.

Every person commits an offence punishable on conviction by a fine not exceeding $10,000 who contravenes this section.

Every health practitioner who practises the profession in respect of which he or she is registered must have a current practising certificate issued by the responsible authority.

No health practitioner may perform a health service that forms part of a scope of practice of the profession in respect of which he or she is registered unless he or she—

Nothing in subsection (1) or subsection (2) applies to a health practitioner who performs health services—

The Governor-General may, from time to time, by Order in Council made on the recommendation of the Minister, declare an activity that constitutes or forms part of a health service to be a restricted activity.

Before the Minister makes a recommendation under subsection (1), the Minister must consult about his or her proposal for the recommendation with any organisation that the Minister considers—

The Minister may recommend that an Order in Council under this section be made only if, after consulting under subsection (2), he or she is satisfied that members of the public risk serious or permanent harm if the activity is performed by persons other than health practitioners who are permitted by their scopes of practice to perform that activity.

No person may perform, or state or imply that he or she is willing to perform, an activity that, by an Order in Council made under this section, is declared to be a restricted activity unless the person is a health practitioner who is permitted by his or her scope of practice to perform that activity.

Despite subsection (4), a person does not contravene that subsection by performing an activity—

Every person commits an offence punishable on conviction by a fine not exceeding $30,000 who contravenes subsection (4).

An Order in Council under this section is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

A search warrant may be issued under section 6 of the Search and Surveillance Act 2012 in respect of an offence which has been or is suspected to have been committed against section 7 or section 9 or which is believed to be intended to be committed against either section, even though the offence is not punishable by imprisonment.

A person who is authorised in writing by the Director-General of Health to apply for search warrants in relation to the offences referred to in subsection (1) may apply for such a warrant under section 6 of the Search and Surveillance Act 2012 as if that person were a constable.

The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

It is declared that a person who, under subpart 6 of Part 4 of the Search and Surveillance Act 2012 (as applied by subsection (2)), has custody of any thing seized under a warrant provided for by subsection (1), may disclose any information contained in or derived from the thing only—

Each authority appointed in respect of a profession must, by notice published in the Gazette, describe the contents of the profession in terms of 1 or more scopes of practice.

A scope of practice may be described in any way the authority thinks fit, including, without limitation, in any 1 or more of the following ways:

Each authority must, by notice published in the Gazette, prescribe the qualification or qualifications for every scope of practice that the authority describes under section 11.

In prescribing qualifications under subsection (1), an authority may designate 1 or more of the following as qualifications for any scope of practice that the authority describes under section 11:

A notice under subsection (1) may state that 1 or more qualifications or experience of 1 or more kinds, or both, is required for each scope of practice that the authority describes under section 11.

An authority must monitor every New Zealand educational institution that it accredits for the purpose of subsection (2)(a), and may monitor any overseas educational institution that it accredits for that purpose.

An authority may, at any time, give notice to an educational institution accredited under subsection (2)(a) that the institution’s accreditation is revoked.

The revocation of an educational institution’s accreditation does not affect the registration of a health practitioner who qualified to practise within a scope of practice on the basis of having a degree or diploma from that institution.

In prescribing qualifications under section 12, each authority must be guided by the following principles:

An authority may at any time, by notice in the Gazette, amend, revoke, or replace a notice under section 11 or section 12.

The amendment, revocation, or replacement of a notice published under section 12 does not affect the registration of a health practitioner who qualified to practise within a scope of practice on the basis of having had a prescribed qualification for that scope of practice under the notice before the notice was amended, revoked, or replaced.

Before an authority publishes a notice under section 11 or section 12 or under this section, the authority must have consulted about its proposal for the contents of the notice—

Each authority must ensure that an up-to-date version of each notice that the authority has published under section 11 or section 12 is—

A notice published under section 11 or 12 is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Before the commencement of section 114(1), this section and sections 11 to 13 apply to each body that is referred to in column 1 of Schedule 2 as if it were already appointed as an authority under this Act in respect of the profession specified opposite to it in column 2 of that schedule.

The authority appointed in respect of a health profession may register an applicant as a health practitioner permitted to practise within a scope of practice if the applicant—

An authority may, for the purposes of subsection (1)(b), treat any overseas qualification as a prescribed qualification if, in the opinion of the authority, that qualification is equivalent to, or as satisfactory as, a prescribed qualification.

An authority may vary a prescribed qualification in any case where the authority—

No applicant for registration may be registered as a health practitioner of a health profession if—

This section applies to every application by—

Every application to which this section applies must be made to the responsible authority, and must—

On receipt by the Registrar of a duly completed application made in accordance with this section, the Registrar must promptly—

If any fine imposed on a health practitioner under section 101, or any costs payable under an order made under that section, or any costs or expenses payable under an order made under section 92(4), remains unpaid, the Registrar may decline to do any act, or to permit any act to be done, in relation to the registration of that health practitioner until the fine or costs or expenses are paid.

If any fine, costs, or expenses imposed on a former health practitioner by or under a former registration Act remain unpaid, the Registrar may decline to do any act, or to permit any act to be done, in relation to the registration of that health practitioner until the fine, costs, or expenses are paid.

If, in accordance with subsection (4) or (4A), the Registrar declines to do any act, or to permit any act to be done, in relation to the registration of a health practitioner, that health practitioner may, by application in writing made to the authority, request the authority to review the Registrar’s decision, and, on any such application,—

Subsections (4) and (4A) override subsection (3).

In subsection (4A),—

If, under section 102, the Tribunal has imposed any conditions that must be satisfied by a person before he or she may apply to have his or her name restored to the register, the authority may not authorise the registration of that person unless the authority is satisfied that the person has satisfied those conditions.

An authority must consider a duly completed application for registration or for a change in the authorisation of an existing scope of practice as soon as reasonably practicable after receiving it.

The authority may, if it thinks fit, receive any information from, or question, the applicant, or any other person, in respect of an application being considered by the authority; for the purposes of any such questioning, the authority may administer an oath to any person.

Before the authority questions any other person about the applicant under subsection (2), the authority must advise the applicant about the identity of the persons to be questioned and the nature of the questions.

The authority may, if it thinks fit, require—

The authority may, before authorising the registration of an applicant or, as the case requires, authorising a change to the applicant’s existing scope of practice, require the applicant to take and pass an examination or assessment that is set or recognised by the authority, for the purpose of satisfying the authority in respect of either or both of the following:

A requirement under subsection (5) is part of the process of considering the application and is not to be taken as a proposal to decline the application.

In assessing an application under section 17, an authority must consider whether the applicant is qualified and competent to practise within the indicated scope of practice submitted by the applicant under section 17(2)(b)(i).

If the scope of practice that an authority proposes to authorise for an applicant differs from that indicated by the applicant under section 17(2)(b)(i), whether in respect of conditions to be stated or otherwise, the authority must inform the applicant in writing why it proposes to authorise a different scope of practice.

If, in assessing an application under section 17, the authority proposes to decline the application, the authority must inform the applicant in writing why the authority proposes to decline the application.

When the authority informs an applicant under subsection (2) or subsection (3), the authority must also give the applicant—

Subsection (4)(a) is subject to section 154.

The responsible authority may authorise a scope of practice for an applicant who applies to be registered as a health practitioner.

The responsible authority may authorise any changes to the existing scope of practice of a health practitioner who applies for a change in the authorisation of his or her scope of practice.

A change determined under subsection (2) may consist of any 1 or more of the matters described in section 22(2).

If an applicant is, under section 20(4)(b), entitled to an opportunity to make written submissions and be heard, an authorisation under subsection (1) or subsection (2) may be determined only after the applicant has had that opportunity.

An authorisation, under section 21, of a scope of practice must state the scope of practice by describing the health services that the applicant is, subject to any conditions included in the authorisation, permitted to perform.

An authorisation, under section 21, of a change to a scope of practice must state the change involved by reference to 1 or more of the following matters:

Any conditions included in a scope of practice under subsection (1) must be of a kind that the authority considers are required to ensure the competent practice of the applicant, and, without limitation, may include any of the following:

If an authorisation of a scope of practice requires the inclusion in the scope of practice of a condition referred to in section 22(3)(a) that the applicant practise under supervision, the authorisation may also include the following conditions in the scope of practice:

As soon as the responsible authority authorises a scope of practice for an applicant, the applicant is authorised to be registered as a health practitioner, and the Registrar must promptly register the applicant by entering in the register the information about the applicant required under section 138(1).

The Registrar must promptly notify an applicant who has been registered of the applicant’s registration, the scope of practice in respect of which he or she has been registered, and the reasons for any conditions included in the applicant’s scope of practice.

If the authority, after considering an application for registration, decides that the applicant should not be registered, the Registrar must promptly notify the applicant of the decision and the reasons for it.

As soon as practicable after the responsible authority authorises a change in the existing scope of practice within which a health practitioner is permitted to practise, the Registrar must enter the change in the register and promptly notify the health practitioner of the change and of the reasons for any conditions included in the applicant’s scope of practice.

If the authority, after considering an application for a change to a scope of practice, decides that the change should not be authorised, the Registrar must promptly notify the health practitioner of the decision and the reasons for it.

Every health practitioner who wishes to obtain an annual practising certificate must apply to the Registrar of the responsible authority in accordance with this section.

Every application for an annual practising certificate must—

If, after receiving a duly completed application under this section, the Registrar considers that none of the cases stated in section 27(1) applies to the applicant, the Registrar must issue to the applicant an annual practising certificate.

Despite subsection (3), if any fine imposed on a health practitioner under section 101, or any costs payable under an order made under that section, or any costs or expenses payable under an order made under section 92(4), remains unpaid, the Registrar may advise that practitioner in writing that the Registrar will decline to issue a practising certificate to that practitioner until the fine or costs or expenses are paid.

If, under subsection (4), the Registrar declines to issue a practising certificate to a health practitioner, the practitioner may, by written application to the authority, request the authority to review the Registrar’s decision, and, on any such application,—

Subsection (2) applies to an application for an annual practising certificate to the authority concerned if the Registrar believes on reasonable grounds that—

If this subsection applies to an application, the Registrar must promptly—

The Registrar or the authority may decline to issue an annual practising certificate if satisfied that any information included in the application is false or misleading.

Before the Registrar or the authority decides to decline to issue an annual practising certificate under subsection (3), the Registrar or, as the case requires, the authority must—

Each authority must promptly consider an application for an annual practising certificate that the Registrar submits to the authority.

If the authority proposes to decline an application for an annual practising certificate, or to include or vary conditions in the health practitioner’s scope of practice, it must give the applicant—

Subsection (2)(b) is subject to section 154.

When an application for an annual practising certificate has been referred to the authority concerned by the Registrar, the authority must not decide that the certificate should be issued unless it is satisfied that the applicant meets the required standard of competence.

In order to satisfy the criterion stated in subsection (1), the authority may include new conditions in the applicant’s scope of practice or may vary existing conditions in that scope of practice.

The authority, after considering any application for an annual practising certificate, may decide that the applicant should be issued with an annual practising certificate, either with changes, determined under subsection (2), to the applicant’s scope of practice or without such changes.

As soon as practicable after the authority makes a decision under subsection (3), the Registrar must—

The authority, after considering an application for an annual practising certificate, may decide that—

As soon as practicable after the authority makes a decision under subsection (5), the Registrar must notify the applicant in writing of the decision and the reasons for it.

If the authority declines an application for an annual practising certificate under subsection (5)(a), it may, nevertheless, authorise the issue of an interim practising certificate to the applicant under section 31, pending fulfilment of the conditions imposed.

An annual practising certificate is in force for a period decided by the authority (generally or in any particular case).

The period must be stated in the certificate, and must be no longer than 1 year from the date the certificate is issued.

Every health practitioner who has submitted an application, accompanied by the fee (if any) set by the authority, for a renewal of an annual practising certificate under section 26(1) is to be treated as the holder of that certificate from the date when the authority receives the application until the date it is issued or he or she is sooner notified by the Registrar that it will not be issued.

If, under section 29(7), an authority authorises the issue of an interim practising certificate, the Registrar must, on payment by the applicant of the fee (if any) set by the authority, issue the interim practising certificate (electronically or in hard copy form), which—

The authority may at any time authorise the extension of an issued interim certificate by a further period stated in the certificate that may not be longer than 12 months after the date on which the interim certificate was originally issued.

The interim practising certificate is cancelled if, at any time during the currency of an interim practising certificate,—

The authority may at any time order the Registrar to cancel any interim practising certificate and give notice of the cancellation, and the reasons for it, to the health practitioner concerned.

The Registrar must endorse on every annual practising certificate or interim practising certificate issued to a health practitioner the health practitioner’s scope of practice.

This section applies to a health practitioner who receives notice that his or her—

If the practitioner’s practising certificate was issued electronically, the practitioner must, within 14 days after receiving the notice, send to the Registrar an acknowledgement of receipt of the notice.

If the practitioner’s practising certificate was issued in hard copy form, the practitioner must, within 14 days after receiving the notice, send to the Registrar his or her practising certificate.

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who, being required to comply with subsection (2) or (3), fails to comply with that subsection.

If a health practitioner (health practitioner A) has reason to believe that another health practitioner (health practitioner B) may pose a risk of harm to the public by practising below the required standard of competence, health practitioner A may give the Registrar of the authority that health practitioner B is registered with written notice of the reasons on which that belief is based.

If a person holding office as Health and Disability Commissioner or as Director of Proceedings under the Health and Disability Commissioner Act 1994 has reason to believe that a health practitioner may pose a risk of harm to the public by practising below the required standard of competence, the person must promptly give the Registrar of the responsible authority written notice of the circumstances on which that belief is based.

Whenever an employee employed as a health practitioner resigns or is dismissed from his or her employment for reasons relating to competence, the person who employed the employee immediately before that resignation or dismissal must promptly give the Registrar of the responsible authority written notice of the reasons for that resignation or dismissal.

No civil or disciplinary proceedings lie against any person in respect of a notice given under this section by that person, unless the person has acted in bad faith.

Whenever an authority that a health practitioner is registered with has reason to believe that the practice of the health practitioner may pose a risk of harm to the public, the authority must promptly give the following persons written notice of the circumstances that have given rise to that belief:

Whenever an authority that a health practitioner is registered with has reason to believe that the practice of the health practitioner may pose a risk of harm to the public, the authority may give written notice to any person who works in partnership or in association with the practitioner of the circumstances that have given rise to that belief.

If, after giving notice under this section in respect of a health practitioner, the authority forms the view that the practice of the health practitioner never posed, or no longer poses, a risk of harm to the public, the authority must promptly notify every recipient of the notice under this section of the current position in respect of the health practitioner.

Promptly after giving a notice under this section about a health practitioner, the Registrar of the authority must give a copy of the notice to the practitioner.

Promptly after receiving a notice of the kind described in subsection (2), an authority must make inquiries into, and may review, the competence of a health practitioner who is registered with the authority and who holds a current practising certificate.

The notices referred to in subsection (1) are—

Subsection (1) does not apply if the authority has reason to believe that a notice given under section 34 by a health practitioner is frivolous or vexatious.

An authority that receives a notice under section 34(1) or (2) must inform the person from whom the notice was received as to whether it has decided to conduct a review of the competence of the health practitioner who is the subject of the notice.

The responsible authority may at any time review the competence of a practitioner who holds a current practising certificate, whether or not—

In conducting a review under this section, the authority must consider whether, in the authority’s opinion, the health practitioner’s practice of the profession meets the required standard of competence.

The form of a review under section 36 is at the authority’s discretion, but in every case the authority must give the health practitioner under review—

When a health practitioner exercises the right under subsection (1)(c) to be heard personally, the practitioner is entitled to the presence of a support person of his or her choice.

Subsection (1)(b) is subject to section 154.

If, after conducting a review under section 36, the authority has reason to believe that a health practitioner fails to meet the required standard of competence, the authority must make 1 or more of the following orders:

If the authority is unable to conduct or complete a review of a health practitioner under section 36 because of the health practitioner’s failure to respond adequately to a notice under section 37, the authority has, for the purposes of subsection (1), reason to believe that the health practitioner fails to meet the required standard of competence.

If an order is made under this section following receipt of a notice given under section 34(1) or (2), the Registrar of the authority must, as soon as practicable after the making of the order, inform the person from whom the notice was received that an order under subsection (1)(a), (b), (c), or (d), as the case may be, has been made.

This subsection applies to a health practitioner if—

If subsection (1) applies to a health practitioner, the responsible authority may order that—

The authority may not make an order under subsection (2) unless it has first—

If an order is made under this section following a review conducted on receipt of a notice given under section 34(1) or (2), the Registrar of the responsible authority must, as soon as practicable after the making of the order, inform the person from whom the notice was received that an order under subsection (2)(a), (b)(i) or (ii), as the case may be, has been made.

An order under subsection (2) ceases to have effect on the later of—

For the purpose of maintaining, examining, or improving the competence of health practitioners to practise the profession in respect of which an authority is appointed, the authority may from time to time set or recognise competence programmes in respect of health practitioners who hold or apply for practising certificates.

Any competence programme may be made to apply generally in respect of all such health practitioners, or in respect of a specified health practitioner, or in respect of any specified class or classes of such health practitioners.

Any competence programme may require a health practitioner to do any 1 or more of the following, within a period, or at intervals, prescribed in the programme:

The authority may specify a period within which the health practitioners to which a competence programme applies must comply with the requirements of the programme.

The authority may exempt any health practitioner or class of health practitioner from all or any of the requirements of a competence programme.

Within 20 working days after a competence programme is set or recognised by the authority, the Registrar must notify every health practitioner who is required to undertake the programme of that fact and of the details of the programme.

For the purpose of ensuring that health practitioners are competent to practise within the scopes of practice in respect of which they are registered, each authority may from time to time set or recognise recertification programmes for practitioners who are registered with the authority.

A recertification programme may be made to apply generally in respect of all health practitioners, or in respect of a specified health practitioner, or in respect of a specified class or classes of health practitioner.

A recertification programme may require a practitioner to do any 1 or more of the following at intervals (if any) prescribed in the programme:

Every recertification programme must allow a reasonable time for a practitioner to whom it relates to comply with its requirements.

The authority may exempt any health practitioner or class of health practitioner from all or any of the requirements of a recertification programme.

Within 20 working days after a recertification programme is set or recognised by the authority, the Registrar must notify every health practitioner who is required to undertake the programme of that fact and of the details of the programme.

An authority that is reviewing the competence of a health practitioner or that has set a competence programme or recertification programme for a health practitioner may, for the purposes of the review or programme, inspect all or any of the clinical records of the health practitioner, and that health practitioner must make those records available for those purposes to any person duly authorised by the authority.

If a health practitioner who is required to complete a competence programme or a recertification programme does not satisfy the requirements of the programme, the responsible authority may make either of the following orders:

If the authority proposes to make an order under subsection (1), it must give to the health practitioner concerned—

The notice under subsection (2)(a)(i) must contain sufficient detail to inform the person clearly of the particular grounds for the proposal to make the order.

Any order made under subsection (1) remains in effect until the health practitioner concerned has satisfied all the requirements of the competence programme or, as the case requires, the recertification programme, and for that purpose the authority may, on the application of the practitioner, extend the period within which the practitioner is required to satisfy those requirements.

The failure of a health practitioner to satisfy the requirements of any competence programme or recertification programme that applies to the health practitioner is not, of itself, a ground for taking disciplinary action under Part 4 against that health practitioner.

Subsection (2)(b) is subject to section 154.

No person who examines any clinical records of any health practitioner under a requirement of a competence review, competence programme, or recertification programme may disclose any information (being information about any identifiable individual) obtained by that person as a result of that examination, except for 1 or more of the following purposes:

Subsection (1)(c)(ii) does not affect the Privacy Act 2020.

Every person commits an offence and is liable on conviction to a fine not exceeding $10,000 who discloses any information in contravention of subsection (1).

No information, statement, or admission that is disclosed or made by any health practitioner in the course of, or for the purposes of satisfying the requirements of, any competence review, competence programme, or recertification programme and that relates to any conduct of that health practitioner (whether that conduct occurred before or during that review or programme)—

Subsection (2) applies to a person who—

If a person to whom this subsection applies has reason to believe that a health practitioner is unable to perform the functions required for the practice of his or her profession because of some mental or physical condition, the person must promptly give the Registrar of the responsible authority written notice of all the circumstances.

If any person has reason to believe that a health practitioner is unable to perform the functions required for the practice of his or her profession because of some mental or physical condition, the person may give the Registrar written notice of the matter.

Subsection (5) applies to a person in charge of an educational programme in New Zealand that includes or consists of a course of study or training (a course) that is a prescribed qualification for a scope of practice of a health profession.

If a person to whom this subsection applies has reason to believe that a student who is completing a course would be unable to perform the functions required for the practice of the relevant profession because of some mental or physical condition, the person must promptly give the Registrar of the responsible authority written notice of all the circumstances.

No civil or disciplinary proceedings lie against any person in respect of a notice given under this section by that person, unless the person has acted in bad faith.

When a person contemplates giving a Registrar notice under section 45, he or she may seek whatever medical advice, whether psychiatric or otherwise, he or she considers appropriate to assist him or her in forming his or her opinion.

Any notice given under section 45 must state any medical advice obtained under this section in respect of that notice.

On receiving a notice given under section 45, the Registrar must take all reasonable steps to have the notice considered by the authority as soon as reasonably practicable.

This section applies to a health practitioner if the authority considers (whether or not as a result of a notice given under section 45 or of a recommendation made under section 79) that the health practitioner may be unable to perform the functions required for the practice of his or her profession because of some mental or physical condition.

If subsection (1) applies to a health practitioner, the responsible authority may order that for a period of not more than 20 working days from the date that a copy of the order is given to the health practitioner under subsection (6)—

The authority may order that the period of an order made under subsection (2) be extended by a further period of not more than 20 working days if that extension is necessary for any examination or testing required under section 49.

The authority is not obliged to give the health practitioner notice that the authority intends to make an order under this section.

If an order is made under this section following receipt of a notice given under section 45, the Registrar of the authority must, as soon as practicable after the making of the order, inform the person from whom the notice was received that an order under subsection (2)(a), (b)(i) or (ii), as the case may be, has been made.

If the responsible authority considers (whether or not as a result of a notice given under section 45 or of a recommendation made under section 79) that a health practitioner may be unable to perform the functions required for the practice of his or her profession because of some mental or physical condition, the authority may, by notice given to the health practitioner, require him or her to submit himself or herself for examination or testing by an assessor at the expense of the authority.

Every notice given under this section must—

Before giving a notice under this section, the authority must endeavour to consult with the health practitioner about the assessor who is to conduct the examination or test.

A health practitioner who is required by a notice given under this section to submit himself or herself for examination or testing by an assessor may have another person chosen by him or her attend the examination or testing as an observer.

An assessor who conducts an examination or a test under this section may consult any other practitioner who the assessor considers is able to assist in the completion of the examination or test.

When an assessor has examined or tested a health practitioner under this section, he or she must, as soon as reasonably practicable after the examination or test, make a written report to the Registrar of the responsible authority on whether or not the practitioner has the mental or physical condition stated under subsection (2) and, if that is the case, the extent, if any, to which that condition affects the practitioner’s ability to perform the functions required for the practice of his or her profession.

The Registrar must, promptly after receiving a report under subsection (6), send a copy to the health practitioner to whom the report relates.

In this section and section 50, assessor means a medical practitioner or any other health practitioner.

Subsection (2) applies if a health practitioner has been given a notice under section 49; and

The authority must consider the report (if any) and all the relevant circumstances of the case.

The authority may order that the health practitioner’s registration be suspended if the authority has considered the case of the health practitioner and the authority is satisfied that—

The authority may order that conditions be included in the practitioner’s scope of practice if the authority has considered the case of the practitioner and the authority is satisfied that the practitioner is able to perform the functions required for the practice of his or her profession, but only if those conditions are observed.

If an order is made under subsection (3) or (4) following receipt of a notice given under section 45, the Registrar of the authority must, as soon as practicable after the making of the order, inform the person from whom the notice was received that an order under subsection (3) or (4), as the case may be, has been made.

An authority may at any time make an order revoking any suspension that it has imposed under section 39, 48, 50, or 67A if it is satisfied that the health practitioner concerned is again able to practise the health practitioner’s profession satisfactorily.

The authority may at any time make an order revoking any conditions or changes imposed under section 39, 48, 50, 67A, or 69A if it is satisfied that those conditions or changes are no longer necessary.

The authority may make an order varying a condition imposed under section 39, 48, 50, 67A, or 69A if it is satisfied that the variation should have been part of the original order or is required by a change in circumstances.

The authority may not make an order under subsection (3) otherwise than in accordance with an application from the health practitioner concerned unless it has first—

An order under this section may be made on the application of the health practitioner or on the authority’s own initiative.

If an order is made under this section, the Registrar of the responsible authority must, as soon as practicable after the making of the order,—

An order under this section takes effect immediately.

The purpose of sections 54 to 63 is to encourage effective quality assurance activities in relation to health services performed by health practitioners by—

In sections 52 to 63, unless the context otherwise requires,—

For the purposes of sections 54 to 63,—

The sponsor of a quality assurance activity may apply for the activity to be protected by forwarding an application to the Minister.

An application under subsection (1) must—

The Minister may from time to time, by written notice, declare a quality assurance activity to be protected on being satisfied that—

Every notice issued under subsection (3), unless sooner revoked, remains in force for a period of 5 years and is revoked at the end of that 5-year period.

Subsection (4) does not prevent the Minister from issuing another notice in respect of the same quality assurance activity.

The Director-General of Health may from time to time, by notice in the Gazette, state requirements relating to the form, content, and quality standards of an application under subsection (1); and such requirements may, without limitation, require statements in the application to be verified by statutory declaration.

When the Minister declares a quality assurance activity to be protected under section 54, the Minister must also, by written notice and in accordance with the nomination in the application for the declaration, appoint the person who is to be responsible for the activity.

The Minister may, by written notice, on the nomination of the sponsor of a protected quality assurance activity, appoint a person to fill a vacancy in the position of person responsible for the activity.

A person may be appointed under this section only if—

The Minister may at any time,—

A notice, issued under section 54, in respect of a protected quality assurance activity or the appointment of a person responsible for a protected quality assurance activity may, without limitation to the generality of subsection (1), be revoked if—

Before the Minister revokes a notice issued under section 54 or revokes the appointment of a person responsible for a protected quality assurance activity, the Minister must—

A quality assurance activity ceases to be a protected quality assurance activity if—

Within 2 months after the expiry of each period of 1 year (the reporting period) that follows the date of a notice under section 54 declaring a quality assurance activity to be protected, the person for the time being appointed to be responsible for the activity must give each provider of health services (the provider) who has, or whose employees or agents have, been assessed in the reporting period through the activity a report relating to the reporting period that sets out information on the following matters:

Within 2 months after the expiry of each period of 1 year (the reporting period) that follows the date of a notice under section 54 declaring a quality assurance activity to be protected, the person for the time being appointed to be responsible for the activity must give the Minister a report that contains the information set out in the reports given by the person under subsection (1) to providers in respect of the reporting period.

A report given under subsection (2) may not identify, either expressly or by implication, a particular individual.

Subsection (2) is subject to subsection (3).

As soon as practicable after the person for the time being appointed to be responsible for a protected quality assurance activity gives a provider or the Minister a report under this section, the person must give the sponsor of the activity a copy of the report.

Subject to section 60, no person who obtains any information that became known solely as a result of a protected quality assurance activity may, except for the purposes of that activity (including compliance with the reporting requirements under section 58) or in accordance with a Ministerial authority,—

Subsection (1) applies whether the person obtained the information in the course of engaging in the protected quality assurance activity or as a result of a disclosure in accordance with a Ministerial authority or in any other way.

Subject to section 60, no person may be required—

Subsection (3) does not apply if it is necessary to produce a document or disclose information for the purposes of a protected quality assurance activity or in accordance with a Ministerial authority.

Even though an activity has since ceased to be a protected quality assurance activity, this section continues to apply in respect of—

Every person commits an offence and is liable on conviction to a fine not exceeding $10,000 who acts in contravention of subsection (1).

Nothing in section 59 prohibits the production, disclosure, or recording of any information that does not identify, either expressly or by implication, a particular individual.

Nothing in section 59 prohibits the production or disclosure of a document that does not identify, either expressly or by implication, a particular individual.

Nothing in section 59 prohibits the disclosure of any information with the consent of every person who would be directly or indirectly identified by the disclosure.

Nothing in section 59 prohibits the disclosure of any information to the Minister, or to any person authorised by the Minister, for the purpose of enabling the Minister to decide whether or not to authorise the disclosure of the information under section 61.

Nothing in section 59 prohibits the disclosure of any information for the purposes of the prosecution of an offence against section 59(6).

Nothing in section 59 prohibits the production or disclosure of information to a mortality review committee in accordance with a requirement of the chairperson of the committee, or of an agent appointed by the committee, under clause 2 of Schedule 5 of the New Zealand Public Health and Disability Act 2000.

If the Minister is satisfied, in respect of any information to which section 59 applies, that the information relates to conduct (whenever occurring) that constitutes or may constitute a serious offence, the Minister may, by notice in writing signed by the Minister, authorise the disclosure of that information, in any manner and on any conditions that are specified in the notice, for any 1 or more of the following purposes:

Subsection (1) does not authorise the Minister to authorise the disclosure of information of a non-factual nature (such as expressions of opinion) unless the information consists only of matter contained in a report prepared by a person who engaged in the protected quality assurance activity.

The Minister may at any time—

The fact that a Ministerial authorisation authorises the disclosure of information does not—

No civil or disciplinary proceedings lie against any person in respect of conduct engaged in in good faith in connection with a protected quality assurance activity.

This section continues to apply in respect of conduct that was engaged in by any person in connection with a protected quality assurance activity, even though that activity has since ceased to be a protected quality assurance activity.

A notice issued under section 54, and an amendment or revocation of a notice issued under that section, is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Whenever the responsible authority receives a complaint alleging that the practice or conduct of a health practitioner has affected a health consumer, the authority must promptly forward the complaint to the Health and Disability Commissioner.

This section does not apply to a complaint that an authority receives from the Health and Disability Commissioner.

In subsection (1), health consumer has the same meaning as in the Health and Disability Commissioner Act 1994.

When the Health and Disability Commissioner refers a complaint to the responsible authority under section 34(1)(a) of the Health and Disability Commissioner Act 1994, the authority must promptly assess the complaint and consider, in light of the nature and circumstances of the complaint, the action or actions that the authority should take to respond to the complaint.

Without limiting the generality of subsection (1), the authority may decide to refer the complaint to a professional conduct committee.

If the authority decides to refer a complaint to a professional conduct committee, it must do so as soon as is reasonably practicable after it makes that decision.

The Health and Disability Commissioner must, under section 42(1) of the Health and Disability Commissioner Act 1994, notify the responsible authority of any investigation under that Act that directly concerns a health practitioner.

A registrar of a court in New Zealand who knows that a person convicted in the court is a health practitioner must send a notice of the conviction to the responsible authority if the conviction is for—

This section applies if a responsible authority receives a notice of conviction—

If this section applies, the responsible authority must, as soon as is reasonably practicable,—

The responsible authority may not make an order under subsection (2)(b) unless the health practitioner consents—

An order made under subsection (2)(b) must specify—

After receiving a report referred to in subsection (4)(b), the responsible authority must promptly—

After considering a report, the responsible authority may—

If the responsible authority considers that information in its possession raises 1 or more questions about the appropriateness of the conduct or the safety of the practice of a health practitioner, it may refer the information and any or all of those questions to a professional conduct committee.

If at any time while a matter concerning a health practitioner is under consideration by a professional conduct committee the responsible authority thinks that a further matter concerning that practitioner should form part of the committee’s consideration, the authority may refer the further matter to the committee.

This section applies if a practitioner is alleged to have engaged in conduct that—

If this section applies, the responsible authority may order that—

The authority may not make an order under subsection (2) unless it has first—

The authority must order the revocation of an order under subsection (2) as soon as practicable after—

An order made under subsection (4) takes effect immediately.

This section applies if a practitioner is alleged to have engaged in conduct that—

If this section applies, the responsible authority may order that the health practitioner’s practising certificate be suspended.

The responsible authority is not obliged to give the health practitioner notice that the authority intends to make an order under this section.

The responsible authority must ensure that the health practitioner concerned is given the opportunity to—

The responsible authority must revoke an order made under subsection (2) as soon as practicable after—

When revoking an order under subsection (5), the responsible authority may order that 1 or more conditions be included in the health practitioner’s scope of practice.

When, in accordance with section 64, an authority notifies the Health and Disability Commissioner of a complaint or, in accordance with section 66, the Health and Disability Commissioner notifies an authority of an investigation, the authority may not take any action under this Part concerning the complaint or the subject matter of the investigation until—

This section is subject to section 69.

Each authority may from time to time appoint, in relation to a particular case or cases of a particular class, a professional conduct committee consisting of—

The authority may, if in any particular case it considers it appropriate to do so, appoint, under subsection (1), a health practitioner or, as the case requires, a layperson who is a member of the authority.

The authority must appoint one of the members of each professional conduct committee to preside at the meetings of the committee.

A professional conduct committee may regulate its procedure as it thinks fit.

A professional conduct committee must adopt and follow procedures that will ensure that, in relation to each matter referred to the committee, the health practitioner who is the subject of the reference, the responsible authority, and any complainant, are each kept informed about the progress of the reference.

Subsection (1) is subject to subsection (2) and the other provisions of this Act, to the rules of natural justice, and to any regulations made under this Act.

A professional conduct committee may appoint a legal adviser approved by the authority to advise the committee on matters of law, procedure, or evidence.

A professional conduct committee may appoint an investigator to collect information required by the committee and to investigate complaints.

A person appointed under this section must not be present during the deliberations of the committee.

The legal adviser may not, under section 91(5), represent the committee before the Tribunal at the hearing of a charge if the adviser assisted the committee in the investigation that led to the charge.

Within 14 working days after a matter concerning a health practitioner is referred to a professional conduct committee, the authority must ensure—

As soon as reasonably practicable after a further matter concerning a health practitioner is referred to a professional conduct committee under section 68(4), the authority must ensure that the health practitioner is given written notice of the particulars of the further matter.

Subsection (1) is subject to section 154.

Within 5 working days after being informed of the membership or intended membership of the professional conduct committee that is to consider a matter about a health practitioner, the practitioner or, in the case of a complaint, the complainant, may give the authority concerned notice—

The authority—

A professional conduct committee may receive as evidence any statement, document, information, or matter that, in its opinion, may assist it to deal effectively with the subject of its investigation, whether or not that statement, document, information, or matter would be admissible in a court of law.

In particular, a professional conduct committee may hear oral evidence and receive statements and submissions from any or all of the following persons:

Despite subsections (1) and (2), a professional conduct committee must give the health practitioner who is the subject of the committee’s investigation a reasonable opportunity to present evidence on each matter, including any further matter, that is referred to the committee under section 68 and forms part of the investigation.

Any complainant may be supported by a person nominated by the complainant; and that person may, with the leave of the committee, be heard at a hearing.

A professional conduct committee may require that any evidence it receives be supported by a statutory declaration in the manner provided for by section 9 of the Oaths and Declarations Act 1957.

Subsection (5) does not apply to a submission made by the health practitioner or a complainant under section 80(4).

No civil or disciplinary proceedings lie against any person in respect of any evidence given, or statements or submissions made, under this section by that person, unless the person has acted in bad faith.

If the conditions stated in subsection (2) are satisfied, a professional conduct committee may, by notice in writing, require any person to produce to the committee any papers, documents, records, or things.

The conditions referred to in subsection (1) are that—

A person who receives a notice under section 77 must, without charge, comply with the requirement stated in the notice in the manner and within the period (being not less than 10 working days after the notice is given to the person) specified in the notice.

Subsection (1) does not require a person to provide any information or produce any document that would be privileged in a court of law.

No person is required to produce to a committee any papers, records, documents, or things if compliance with that requirement would be in breach of an obligation of secrecy or non-disclosure imposed on the person by an enactment (other than the Official Information Act 1982 or the Privacy Act 2020).

Every person commits an offence, and is liable on conviction to a fine not exceeding $10,000, who, when required to comply with a notice given under section 77,—

If, at any time in the course of investigating a matter about a health practitioner, a professional conduct committee has reason to believe that the practitioner’s practice poses a risk of serious harm to the public, the committee—

Within 14 working days after completing its investigation into a matter concerning a health practitioner, the committee must make—

The recommendations referred to in subsection (1)(a) are—

The determinations referred to in subsection (1)(b) are—

The committee may not make a recommendation or determination unless the health practitioner concerned and any complainant has each been given a reasonable opportunity to make written submissions and be heard on the matter under investigation, either personally or by a representative; and for that purpose the committee must give the health practitioner and the complainant written notice of—

A professional conduct committee must give written notice of any recommendation or determination under section 80 in respect of a health practitioner, and the reasons for it, to—

If it decides to lay a charge against the health practitioner before the Tribunal, the professional conduct committee must—

An authority that receives notice of a recommendation specified in section 80(2) must promptly consider the recommendation.

If a professional conduct committee has decided to submit a complaint to conciliation, it must appoint an independent person (the conciliator) to assist the health practitioner and complainant concerned to resolve the complaint by agreement.

The conciliator must, within a reasonable time after his or her appointment, provide the professional conduct committee and the responsible authority with a written report as to whether or not the complaint has been successfully resolved by agreement.

If, after consideration of the conciliator’s report, the professional conduct committee thinks that the complaint has not been successfully resolved by agreement, it must promptly decide whether—

If the professional conduct committee decides to lay a charge before the Tribunal, it must—

The costs of conciliation must be paid by the responsible authority.

If the committee makes a determination that no further steps be taken under this Act in relation to the complaint,—

A professional conduct committee or a member or former member of the committee or a person who assists or has assisted the committee may use or disclose any information obtained in the course of the performance of the committee’s functions only for the purposes of this Act.

This section establishes a Tribunal known as the Health Practitioners Disciplinary Tribunal.

The functions of the Tribunal are—

The members of the Tribunal are—

The chairperson and each deputy chairperson are appointed by the Minister by notice in the Gazette, after consultation by the Minister with any persons that the Minister thinks fit.

No person who is a member of an authority is eligible for appointment as chairperson or as a deputy chairperson or as a member of the panel.

The Minister must maintain a panel of—

The numbers of persons appointed under subsection (1)(a) and (b) must be sufficient to enable the Tribunal to be constituted in accordance with section 88.

In considering the suitability of any person for inclusion on the panel, the Minister must have regard not only to the person’s personal attributes but also to the person’s knowledge and experience of matters likely to come before the Tribunal.

The name of a person must be removed from the panel if—

If subsection (4)(d) or (e) applies, the name of the person must not be removed from the panel until any hearings in respect of which that person was appointed to the Tribunal have concluded.

For the purposes of each hearing, the Tribunal consists of—

The Tribunal may from time to time, as the chairperson directs, sit in 2 or more divisions, each of which—

Hearings of the Tribunal must be held at the times and places appointed by the Tribunal or the presiding officer for the purpose.

Any hearing of the Tribunal may be adjourned by the Tribunal or the presiding officer.

No hearing may take place unless all members of the Tribunal for that hearing are present, but a decision of a majority of those members is, for the purposes of the hearing, the decision of the Tribunal.

The provisions set out in Schedule 1 apply to the Tribunal and its proceedings.

A charge against a health practitioner may be laid before the Tribunal by—

Every charge laid under subsection (1) must include a statement to the effect that the Director of Proceedings or the professional conduct committee, as the case may be, has reason to believe that a ground exists entitling the Tribunal to exercise its powers under section 100.

If the charge was laid by the Director of Proceedings, it must be prosecuted at the hearing by the Director of Proceedings.

If the charge was laid by a professional conduct committee, it must be prosecuted at the hearing by that committee.

The Director of Proceedings or the professional conduct committee may be represented by counsel or otherwise.

The chairperson of the Tribunal must, as soon as reasonably practicable after the laying of the charge, convene a hearing of the Tribunal to consider the charge.

Before convening a hearing of the Tribunal to consider a charge against a health practitioner, the chairperson of the Tribunal must ensure that the practitioner is given a written notice that—

The appropriate executive officer of the Tribunal must also ensure that the responsible authority and any complainant are promptly given a copy of the notice.

Every notice given to a health practitioner must require the practitioner to notify the Tribunal in writing, not later than on a specified date (being not less than 10 working days after the date on which the notice is received by the practitioner), whether or not he or she wishes to be heard by the Tribunal, either personally or by his or her representative.

If a practitioner fails to notify the Tribunal as required by the notice, the practitioner is entitled to appear and be heard at the hearing only on any conditions as to payment of costs and expenses or otherwise that the Tribunal thinks fit to order.

At any time after a notice has been given to a health practitioner under section 92(1), the parties to the proceedings may jointly apply to the chairperson of the Tribunal for an order prohibiting the publication of the name, or any particulars of the affairs, of—

If, after having regard to the interests of any person (including, without limitation, the privacy of any complainant) and to the public interest, the chairperson of the Tribunal is satisfied that it is desirable to do so, the chairperson may make the order sought.

An order continues in force until whichever of the following occurs first:

A person who contravenes an order without reasonable excuse commits an offence and is liable on conviction to a fine not exceeding $10,000.

Subsections (1A) and (1B) apply at any time after a notice has been given to a health practitioner under section 92(1).

If, in the opinion of the Tribunal held on reasonable grounds, the conduct in which the health practitioner is alleged to have engaged poses a risk of serious harm to the public, the Tribunal may order that, until the charge to which the notice relates has been disposed of, the registration of the practitioner be suspended.

If the Tribunal is satisfied that it is necessary or desirable to do so, having regard to the need to protect the health or safety of members of the public, the Tribunal may order that, until the charge to which the notice relates has been disposed of, the health practitioner may practise as a health practitioner only in accordance with conditions stated in the order.

The Tribunal may make an order under this section on the recommendation of the Director of Proceedings or a professional conduct committee, or on its own initiative.

The Tribunal does not have to give the health practitioner notice that it intends to make the order.

The order must—

The appropriate executive officer of the Tribunal must ensure that a copy of the order is promptly given to—

If so directed, the responsible authority must ensure that a copy of the order is promptly given to any other persons specified by the Tribunal.

On receiving a copy of an order under subsection (5)(b), the Registrar of the responsible authority must take all administrative steps necessary to give effect to the order.

A health practitioner may at any time apply to the Tribunal for the variation or revocation of an order under section 93(1A) or (1B).

The application must be in writing and delivered to the appropriate executive officer of the Tribunal.

The Tribunal—

The Tribunal may also revoke or vary an order under section 93(1A) or (1B) on its own initiative.

The appropriate executive officer of the Tribunal must ensure that the health practitioner, any employer of the health practitioner, and the responsible authority are promptly given notice of the Tribunal’s decision.