Plain language law

New Zealand law explained for everyone

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Inspections and inquiries - Inspections, investigations, and inquiries by district inspectors - Complaints about breaches of rights

97: Complaint of breach of rights

You could also call this:

"What to do if you think your rights have been broken"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you are a care recipient, you can complain to the responsible district inspector if you think your rights have been breached under this Act. You can make this complaint yourself, or someone else can make it on your behalf. The person who receives your complaint, like a care manager, must send it to the responsible district inspector.

The responsible district inspector has to tell the Health and Disability Commissioner about certain complaints, which are the ones that involve breaching a right under the Code of Rights, as outlined in the Health and Disability Commissioner Act 1994. This means the Commissioner will know about the complaint and can take action if needed. You or the person making the complaint on your behalf will be involved in this process.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225934.

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Mental healthRights and equality > Anti-discrimination
Previous

96: Inspectors' access to persons and documents, or

"Inspectors can visit and talk to people, and see documents, to check facilities are following the law."

Next

98: Investigation by district inspector, or

"The district inspector looks into your complaint to figure out what happened and what to do about it."

Part 7Inspections and inquiries
Inspections, investigations, and inquiries by district inspectors: Complaints about breaches of rights

97Complaint of breach of rights

  1. A care recipient may complain to the responsible district inspector about a breach of the care recipient's rights under this Act.

  2. Any person may complain on behalf of the care recipient.

  3. A care manager or co-ordinator who receives a complaint about a breach of the care recipient's rights under this Act must refer the complaint to the responsible district inspector.

  4. The responsible district inspector must notify the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994 of every complaint that concerns a breach of a right under the Code of Rights.