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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Inspections and inquiries - Inspections, investigations, and inquiries by district inspectors - Inquiries by district inspectors

101: Inquiries by district inspector

You could also call this:

"Checking if care is working correctly: a district inspector's job"

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

A district inspector can look into some things, like if someone has broken the rules of this Act or if a care recipient's condition is being reviewed correctly according to section 77. They can also look into other matters related to a care recipient or the management of a service. The Director-General of Health can tell a district inspector to do an inquiry, and they must do it.

If the Director-General of Health tells a district inspector to do an inquiry, they have to do it. But there are some things a district inspector cannot look into, like if someone's rights under the Code of Rights have been broken.

When a district inspector does an inquiry, they have the power to call witnesses and hear evidence, just like a commission of inquiry does under the Commissions of Inquiry Act 1908. After they finish the inquiry, they must send a full report to the co-ordinator and the Director-General of Health as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225939.

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Part 7Inspections and inquiries
Inspections, investigations, and inquiries by district inspectors: Inquiries by district inspectors

101Inquiries by district inspector

  1. Every district inspector may inquire into—

  2. an alleged breach of this Act or of regulations made under this Act, or an alleged breach of duty on the part of a director, employee, or agent of a service:
    1. whether a care recipient's condition is being reviewed in accordance with section 77:
      1. any other matter relating to a care recipient or the management of a service.

        1. The Director-General of Health may direct a district inspector to conduct an inquiry under subsection (1), and that district inspector must comply with that direction.

        2. Despite subsections (1) and (2), no district inspector may inquire into an alleged breach of a right under the Code of Rights.

        3. For the purpose of conducting an inquiry under this Act, a district inspector has the same powers and authority to summon witnesses and receive evidence as are conferred on commissions of inquiry by the Commissions of Inquiry Act 1908; and the provisions of that Act, except sections 11 and 12 (which relate to costs), apply accordingly.

        4. As soon as practicable after concluding an inquiry under this section, a district inspector must send a full report of the inquiry to the co-ordinator and to the Director-General of Health.

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