Part 1Health and Disability Commissioner
14Functions of Commissioner
The functions of the Commissioner are as follows:
- as a first priority, to prepare a draft Code of Health and Disability Services Consumers’ Rights in accordance with section 19:
- in accordance with section 21, to review the Code and make to the Minister any recommendations for changes to the Code:
- to promote, by education and publicity, respect for and observance of the rights of health consumers and disability services consumers, and, in particular, to promote awareness, among health consumers, disability services consumers, health care providers, and disability services providers of the rights of health consumers and disability services consumers and of the means by which those rights may be enforced:
- to make public statements and publish reports in relation to any matter affecting the rights of health consumers or disability services consumers or both, including statements and reports that promote an understanding of, and compliance with, the Code or the provisions of this Act:
- to act as the initial recipient of complaints about health care providers and disability services providers, and to ensure that each complaint is appropriately dealt with:
- to investigate, on complaint or on the Commissioner’s own initiative, any action that is or appears to the Commissioner to be in breach of the Code or, in the case of conduct that occurred before the enactment of the Code, in breach of certain disciplinary standards:
- to refer complaints, or investigations on the Commissioner’s own initiative, to the Director of Proceedings for the purpose of deciding whether or not any further action should be taken in respect of any such breach or alleged breach:
- subject to section 15(2), to make recommendations to any appropriate person or authority in relation to the means by which complaints involving alleged breaches
might be resolved and further breaches avoided: - to prepare guidelines for the operation of advocacy services in accordance with section 28:
- to make suggestions to any person in relation to any matter that concerns the need for, or the desirability of, action by that person in the interests of the rights of health consumers or disability services consumers or both:
- on the Commissioner’s own initiative or at the request of the Minister, to advise the Minister on any matter relating to—
- the rights of health consumers or disability services consumers or both; or
- the administration of this Act:
- the rights of health consumers or disability services consumers or both; or
- to report to the Minister from time to time on the need for, or desirability of, legislative, administrative, or other action to give protection or better protection to the rights of health consumers or disability services consumers or both:
- to receive and invite representations from members of the public and from any other body, organisation, or agency on matters relating to the rights of health consumers or disability services consumers or both:
- to gather such information as in the Commissioner’s opinion will assist the Commissioner in carrying out the Commissioner’s functions under this Act:
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- to perform such functions as the Commissioner is for the time being directed to perform by the Minister in accordance with section 112 of the Crown Entities Act 2004:
- to exercise and perform such other functions, powers, and duties as are conferred or imposed on the Commissioner by or under this Act or any other enactment.
In performing his or her functions, the Commissioner shall—
- establish and maintain effective links with—
- representatives of health consumers, disability services consumers, health care providers, and disability services providers:
- other bodies and organisations (including community groups) concerned with health matters or matters relating to disabilities:
- representatives of health consumers, disability services consumers, health care providers, and disability services providers:
- consult and co-operate with other agencies concerned with personal rights, including the Ombudsmen, the Human Rights Commission,
the Children’s Commissioner, the Privacy Commissioner, and the Director of Mental Health. Except as expressly provided otherwise in this or another Act, the Commissioner must act independently in performing his or her statutory functions and duties, and exercising his or her statutory powers, under—
- this Act; and
- any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other than the Crown Entities Act 2004).
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Repealed
Notes
- Section 14(1)(c): amended, on , by section 7(1) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
- Section 14(1)(da): inserted, on , by section 7(2) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
- Section 14(1)(e): amended, on , by section 7(3) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
- Section 14(1)(g): amended, on , by section 7(4) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
- Section 14(1)(ma): repealed, on , by section 18 of the Mental Health and Wellbeing Commission Act 2020 (2020 No 32).
- Section 14(1)(n): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
- Section 14(1)(o): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
- Section 14(2)(b): amended, on , by section 25 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
- Section 14(2)(b): amended, on , by section 37 of the Children’s Commissioner Act 2003 (2003 No 121).
- Section 14(2)(b): amended, on , by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).
- Section 14(2A): inserted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
- Section 14(3): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).