Ministry of Health
NZ Government

Code of Rights

Every person in New Zealand has rights under the Code of Health and Disability Services Consumers' Rights. When you are receiving health care you should be told about these rights and be able to exercise them:

Right one- respect and privacy - Mana

• you should be treated with respect, including respect for your personal privacy
• services should take into account your cultural, religious, social and ethnic needs, values and beliefs.

Right two- fair treatment - Manaakitanga

• you should be free from discrimination on the grounds of age, gender, race, beliefs, marital or family status, employment, sexual orientation or disability
• services should be delivered without coercion, harassment or any form of exploitation.

Right three- dignity and independence - Tu Rangatira Motuhake

• services should be provided in a way that respects your dignity and independence.

Right four- proper standards - Tautikanga

Services should:

• be provided with reasonable care and skill
• meet legal, ethical, professional and other relevant standards
• be consistent with your needs
• minimise potential harm.

Providers should co-operate with each other to ensure you have quality care.

Right five- effective communication - Whakawhitiwhitinga Whakaaro

• information should be given in a form, language and manner which you can understand
• you should be listened to
• a competent interpreter should be available if you need one and if it is reasonably practicable
• communication should take place in an environment that supports open, honest and effective discussion.

Right six- information - Whakamohio

You should always receive the following information:

• an explanation of your condition
• your options, including the expected risks, side-effects, benefits and costs
• an estimate of when you will receive a service
• advice of any possible involvement in teaching or research
• the results of tests or procedures
• the information you need to make a decision.

You should be given honest answers to your questions relating to services. This includes questions about:

• the identity or qualifications of a provider
• your provider's recommendations
• how to get another opinion
• results of research which you were involved in
• you have a right to request and receive a written summary of information.

Right seven- your choices and decisions - Whakaritenga Mou Ake

• you should receive a service only when you have made an informed choice and given your informed consent
• you should be presumed to be competent to make choices and give consent unless there are reasonable grounds for a provider to conclude otherwise
• if you have diminished competence (for example, a child) you should be allowed to make choices and give consent to the level of your ability
• in circumstances where services have to be delivered without your consent, they should be in your best interests. Steps should be taken to discover whether services would be consistent with your wishes, including discussing the matter with available family and close friends
• you may make a decision in advance, in accordance with common law
• your consent should be obtained in writing when you will be involved in research, an experimental procedure, a general anaesthetic or where there are possible significant adverse effects
• you may refuse services and withdraw your consent
• you may change to another provider where it is practicable to do so
• you may make decisions about body parts or bodily substances.

Right eight- support - Tautok

• you may have a support person or persons of your choice with you, as long as it is safe and other consumers' rights are not unreasonably affected.

Right nine- rights during teaching and research - Ako Me Te Rangahau 

• all of these rights apply when you are being asked about or taking part in teaching or research.

Right ten- your complaints taken seriously - Amuamu

• you may make a complaint in any form appropriate to you
• you should be advised of your provider's complaints and appeals procedure
• you should be kept informed about the progress and outcome of your complaint
• you should be advised of the availability of advocates and the Health and Disability Commissioner to assist with your complaint
• you should not be adversely affected by complaining.

Do these rights always apply?

Sometimes a provider may not be able to meet all of these rights. However, they must always do what they reasonably can under the circumstances.

These are the main matters which are protected by the Code of Health and Disability Services Consumers' Rights. The actual legal entitlements are contained in the regulation. If you have difficulties with a health or disability service and they do not appear to be covered by these rights, they may be covered by the Privacy Act or the Human Rights Act.

What services are covered by these rights?

The Code of Health and Disability Services Consumers' Rights applies to all health services and disability support services in New Zealand.

The Code gives rights to all consumers. It places obligations on people and organisations providing services. Providers are widely defined in the Health and Disability Commissioner Act. They include anyone providing or claiming to provide any sort of health or disability service, whether public or private.

A few examples of providers covered by this legislation:

• hospitals
• home care providers
• special needs assessors
• nurses
• dietitians
• mail-order houses selling health products
• rest homes
• doctors
• homeopaths
• midwives
• medical specialists
• psychotherapists
• therapeutic masseurs
• reflexologists
• optometrists

• psychiatrists

• diagnostic services.

Further information and support

A full copy of the Code of Rights is available from any health provider, the Health and Disability Commissioner or Bennett's Government Bookshops.

Health and Disability Commissioner
Box 1791
Auckland
Tel / TTY (09) 373 3556
Fax (09) 373 3557    

 Free phone 0800 11 22 33                  http://www.hdc.org.nz

If you believe your rights have been breached, it is best to talk or write directly to the person or organisation giving you the service. Very often they will welcome your complaint as it helps them improve their standard of service or uncover a problem.

If you feel uncomfortable or unable to do this you can take a friend or relative with you as support. You can also have the support of an independent Health and Disability Advocate who is trained to help people in your situation. This service is free.

Your local advocacy service  can be reached by phoning:

Auckland (09) 623 5799
Whangarei (09) 430 0166
Kataia (09) 408 7189

• Upper North Island   0800 555 050

• Central and lower North Island 0800423 638

• South Island 0800 377 766