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Health Act 1956

Administration - Personal information

22D: Duty to provide health information

You could also call this:

"The government can ask for health information to help with research and planning, while keeping your identity private."

Illustration for Health Act 1956

The Minister can ask Health New Zealand to provide information about people's health. You might wonder what kind of information this is - it is about the condition or treatment of individuals, or the services provided to them. This information is used to get statistics for health purposes or to help with health research.

Health New Zealand must give the Minister the information they ask for, in the way they want it, and by the time they say. The Minister can ask for this information at any time, and Health New Zealand has to provide it. They have to do this to help the Minister with their work.

There is a rule to protect people's privacy - Health New Zealand cannot give out information that would let someone know who you are. But you can agree to let them share this information if you want to. If you are 16 or older, you can give this agreement yourself, or someone can do it for you, like a parent or guardian, who is called a representative.

If the information is really needed for health research, Health New Zealand can share it even if you do not agree. This is because the information is essential for the purposes for which it is sought, which means it is really needed to help with health research or to get statistics. The Minister and Health New Zealand follow rules like the ones in the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 and the Pae Ora (Healthy Futures) Act 2022 to make sure people's privacy is protected.

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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=DLM306649.

Topics:
Health and wellbeing > Public healthHealth and wellbeing > Healthcare servicesRights and equality > Privacy
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"Who can see and share your health information"

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22E: Duty to provide information for purposes of blood collection, or

"The government can ask for health information to help with blood collection and must say how to share it."

Part 1Administration
Personal information

22DDuty to provide health information

  1. The Minister may at any time, by notice in writing, require Health New Zealand to provide, in such manner as may from time to time be required, such returns or other information as is specified in the notice concerning the condition or treatment of, or the services provided to, any individuals in order to obtain statistics for health purposes or for the purposes of advancing health knowledge, health education, or health research.

  2. Subject to subsection (3), it is the duty of Health New Zealand to provide the returns or other information specified in a notice given to it under subsection (1) within such time, and in such form, as is specified in the notice.

  3. No information that would enable the identification of an individual may be provided under this section unless—

  4. the individual consents to the provision of such information; or
    1. the identifying information is essential for the purposes for which the information is sought.

      1. For the purposes of subsection (3)(a), consent to the provision of information may be given—

      2. by the individual personally, if he or she has attained the age of 16 years; or
        1. by a representative of that individual.

          Notes
          • Section 22D: replaced, on , by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).
          • Section 22D(1): replaced, on , by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).
          • Section 22D(1): amended, on , by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
          • Section 22D(1): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
          • Section 22D(1): amended, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
          • Section 22D(2): replaced, on , by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).
          • Section 22D(2): amended, on , by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
          • Section 22D(2): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).