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Health and Disability Commissioner Act 1994

Complaints and investigations - Investigations by Commissioner

49: Functions of Director of Proceedings

You could also call this:

"The Director of Proceedings' job is to decide whether to take action against someone who has done something wrong."

Illustration for Health and Disability Commissioner Act 1994

The Director of Proceedings has some important jobs. You need to know what they do. The Director decides whether to take someone to court under section 50, or to start disciplinary proceedings, or to do both, when a complaint is made about someone or when an investigation is done about someone.

The Director also decides whether to take actions mentioned in section 47. If the Director thinks court proceedings or actions should happen, they start the court case or take the action.

The Director gets referrals from the Commissioner, as stated in section 45(2)(f), to make these decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334102.

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Part 4Complaints and investigations
Investigations by Commissioner

49Functions of Director of Proceedings

  1. The functions of the Director of Proceedings under this Part are—

  2. to decide, on referral from the Commissioner pursuant to section 45(2)(f),—
    1. whether to institute proceedings under section 50, or disciplinary proceedings, or both, against a person against whom a complaint has been made under this Part or in respect of whom an investigation has been conducted under this Part; and
      1. whether to take any of the actions contemplated by section 47; and
      2. if the Director of Proceedings decides that such proceedings should be instituted or, as the case may be, that any such action should be taken, to institute the proceedings or, as the case may be, to take the action.

        1. Repealed

        2. Repealed
        Notes
        • Section 49(1)(a): amended, on , by section 13(1) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
        • Section 49(2): repealed, on , by section 13(2) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
        • Section 49(3): repealed, on , by section 13(2) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).