About this guide

Rights in New Zealand

Complaint avenues

How to complain

For further information

About this guide

• This guide provides an overview of your rights in the NZ health system
• Information is presented in a summary format to convey key points and provide links to more detailed information
• Key sources of information in this guide are the Health & Disability Commissioner, Human Rights Commission and Privacy Commissioner - links to relevant detailed information from these sources are provided
• We welcome suggestions to improve this guide and hope you find it a useful starting point

Rights in New Zealand

Disability & Human Rights

The Human Rights Commission provides a human rights enquiries and complaints service
About human rights in New Zealand, the Human Rights Commission, human rights enquiries and complaints, and the Human Rights Act and disability

Code of Consumer Rights

The Code of Rights establishes the rights of consumers, and the obligations and duties of providers to comply with the Code for all health and disability services
About the Code of Rights, summary version, and who the code applies to
Breaches of the Code provide the basis of complaints to the Health & Disability Commissioner

Privacy Rights

The Privacy Act and Codes of Practice control how "agencies" collect, use, disclose, store and give access to "personal information".
About the Privacy Act, making a complaint to the Privacy Commissioner and the Health Information Privacy Code

Informed Consent

The right to make an informed choice and give informed consent is one of the rights within The Code of Consumer Rights
About informed consent and children and consent

Health & Disability Commissioner

The Commissioner enforces the Code of Consumers' Rights (the Code)
About the Commissioner

Complaint avenues

Complaints to the service provider

In most cases complaining to the service provider is a good first step. If the issue becomes unresolved or if the complaint is of a very serious nature it may be appropriate to raise the complaint with one of the following

Human Rights Complaints

If your complaint relates to human rights you can complain to the Human Rights Commission

Code of Consumer Rights Complaints

If your rights under the Code of Consumer Rights have been breached you can complain to the Health & Disability Commissioner (Making a complaint below)

Privacy Complaints

If your privacy has been "interfered" with you can complain to the Privacy Commissioner

Complaints to Health Profession Associations

A number of professions also provide complaint processes that may be helpful in resolving complaints

How to Complain

Making a Complaint

Why make a complaint, how to complain and who to, complaint responses, and compensation
Includes information about the Health & Disability Advocacy Service and complaints to the Health & Disability Commissioner

Self-Advocacy

Self-advocacy is a form of "Do it yourself" trouble-shooting and problem-solving

For further information

• Health & Disability Commissioner - Advocacy
• Health & Disability Commissioner - Complaints
• Tips for finding solutions
• Finding an advocate
• Writing a letter of complaint
• Health & Disability Advocacy - Other useful contacts
  Contact details for a wide range of other complaint topics eg dental or medical fees, children, public service, health and safety
• Complaint Line - a website with contact details and descriptions for many complaint agencies. You can search by complaint category to see applicable complaint agencies.
• The Privacy Commissioner Ph 0800 803 909
  The Privacy Commissioner Health Privacy Toolkit provides factsheets, a guide and case notes relating to health privacy
• Privacy Commissioner Brochure for Consumers
• Human Rights Commission - Enquiries and Complaints Guide
• Human Rights Commission - Disabled People
• Human Rights Commission - Frequently Asked Questions

Last updated: January 2012

DISCLAIMER

The information above is of a general nature and is designed to provide you with an overview of the topic with links to resources that maybe of interest.  Although we do our best to ensure that this information is accurate and up to date, you should not rely solely on the information provided here.

You should always seek specific professional medical advice, treatment and care appropriate to you, and as such we strongly recommend you consult with your general practitioner.