Health and Disability Commissioner Act 1994

Complaints and investigations - Investigations by Commissioner

44: Consultation required before matter referred to Director of Proceedings

You could also call this:

"You get a say before being taken to court for a health or disability issue."

Illustration for Health and Disability Commissioner Act 1994

Before the Commissioner refers a health care provider or disability services provider to the Director of Proceedings, you must be given a chance to comment on the referral. The Commissioner is considering whether to take action against you under section 45(2)(f) of the Health and Disability Commissioner Act, which can be found in more detail at section 45(2)(f). The Commissioner thinks about what you and others want to happen, any comments you made, and whether the public needs to be protected.

The Commissioner looks at factors like what the person complaining wants, and what you want, when deciding whether to refer you. They also think about any comments you made when given the chance to comment on the proposed referral. The Commissioner considers whether the public interest requires action to be taken, for reasons such as public health or safety.

When the Commissioner is deciding whether to refer you to the Director of Proceedings, they must think about the need to protect the public, and whether taking action against you is necessary for the public's safety or health, or for any other important reason, as outlined in section 45(2)(f).

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333990.

Topics:

Health and wellbeing > Healthcare servicesRights and equality > Anti-discrimination

43: Information about result of investigation, or

"The Commissioner tells you what they found out after looking into a complaint."

45: Procedure after investigation, or

"What happens after the Commissioner finishes investigating a complaint"

Part 4Complaints and investigations
Investigations by Commissioner

44Consultation required before matter referred to Director of Proceedings

The Commissioner may not, under section 45(2)(f), refer 1 or more health care providers or disability services providers to the Director of Proceedings for a decision as to whether proceedings should be instituted or action taken in respect of a person unless the Commissioner has given that person an opportunity to comment on that proposed referral.
The Commissioner must have regard to any relevant factors of the kind specified in subsection (3) when the Commissioner considers whether or not to refer, under section 45(2)(f), 1 or more health care providers or disability services providers to the Director of Proceedings for a decision as to whether proceedings should be instituted or any action taken.
The kinds of factors referred to in subsection (2) are—
the wishes of the complainant (if any) and the aggrieved person (if not the complainant) in relation to the matter; and
any comments made under subsection (1) in relation to the matter; and
the need to ensure that appropriate proceedings are instituted in any case where the public interest (whether for reasons of public health or public safety or for any other reason) so requires.

Notes

Section 44: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).