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Health and Disability Commissioner Act 1994

Miscellaneous provisions - Miscellaneous provisions

59: Procedure

You could also call this:

"How the Commissioner investigates complaints and makes decisions"

Illustration for Health and Disability Commissioner Act 1994

When the Commissioner investigates a complaint under Part 4, they can do it in public or in private. The Commissioner can hear from people they think are relevant to the investigation, including those with knowledge of cultural matters. They can also make inquiries as they see fit.

The Commissioner does not have to hold a hearing if they do not think it is necessary. You are not automatically entitled to be heard by the Commissioner, but they can still choose to hear from you. The Commissioner can refer a matter to someone else if they think it is in the public interest.

The Commissioner and advocates can decide how to run their own procedures, as long as they follow the rules of the Act. The Commissioner has the power to refer matters to the appropriate person or authority at any time if they think it is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334133.

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Part 5Miscellaneous provisions
Miscellaneous provisions

59Procedure

  1. Every investigation under Part 4 by the Commissioner may be conducted in public or in private.

  2. Subject to section 67,—

  3. the Commissioner may hear or obtain information from such persons as the Commissioner thinks fit, including, where the Commissioner considers that cultural matters are a factor relevant to a complaint or investigation, information from such persons as the Commissioner thinks have knowledge of or experience in those matters:
    1. the Commissioner may make such inquiries as the Commissioner thinks fit:
      1. it shall not be necessary for the Commissioner to hold any hearing.

        1. Subject to sections 41(b) and 67, no person shall be entitled as of right to be heard by the Commissioner.

        2. Without limiting any other provision of this Act, the Commissioner may, at any time, if the Commissioner considers that it is necessary or desirable in the public interest (whether for reasons of public health or public safety or for any other reason) that any matter be brought to the attention of any person or authority, refer the matter to the appropriate person or authority.

        3. Subject to the provisions of this Act, the Commissioner and every advocate may regulate his or her procedure in such manner as he or she thinks fit.

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