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Health and Disability Commissioner Act 1994

Complaints and investigations - Investigations by Commissioner

46: Implementation of recommendations of Commissioner

You could also call this:

"What happens when the Commissioner makes a recommendation to someone and they have to say how they will follow it."

Illustration for Health and Disability Commissioner Act 1994

When the Commissioner makes a recommendation to someone, they can ask that person to tell them what they plan to do about it. The Commissioner wants to know what steps the person will take to follow the recommendation. You can find out more about when the Commissioner makes recommendations in section 45(2)(a) or (b).

If someone does not do what the Commissioner recommended, the Commissioner will tell the person who complained (if anyone did complain) what they suggested. The Commissioner might also add some comments about what happened.

The Commissioner can also send a report to the Minister if they think it is a good idea.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333995.

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Part 4Complaints and investigations
Investigations by Commissioner

46Implementation of recommendations of Commissioner

  1. Where, in accordance with section 45(2)(a) or (b), the Commissioner makes any recommendation to any person, the Commissioner may request that person to notify the Commissioner, within a specified time, of the steps (if any) that the person proposes to take to give effect to that recommendation.

  2. If, within a reasonable time after a recommendation is made, no action is taken which seems to the Commissioner to be adequate and appropriate, the Commissioner—

  3. shall, after considering the comments (if any) of the person concerned, inform the complainant (if any) of the Commissioner’s recommendations and may make such comments on the matter as the Commissioner thinks fit; and
    1. may, where the Commissioner considers it appropriate, transmit to the Minister such report on the matter as the Commissioner thinks fit.

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      Notes
      • Section 46(1): amended, on , by section 10 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).