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Health and Disability Commissioner Act 1994

Miscellaneous provisions - Miscellaneous provisions

67: Adverse comment

You could also call this:

"Being treated fairly if someone says something bad about you in a report"

Illustration for Health and Disability Commissioner Act 1994

The Commissioner cannot make a comment that is bad about you in a report unless you have had a chance to respond. You must be given a reasonable opportunity to say what you think and to make a written statement in answer to the bad comment. If you want, your written statement or a fair summary of it must be included in the report.

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Part 5Miscellaneous provisions
Miscellaneous provisions

67Adverse comment

  1. The Commissioner shall not, in any report or recommendation made or published under any of sections 14, 45, and 46(2)(b) or its annual report under Part 4 of the Crown Entities Act 2004, make any comment that is adverse to any person unless—

  2. that person has been given a reasonable opportunity—
    1. to be heard; and
      1. to make a written statement in answer to the adverse comment; and
      2. where that person so requires, there is included in or appended to the report or recommendation either—whichever the Commissioner considers is more appropriate in the circumstances.
        1. the written statement referred to in paragraph (a)(ii); or
          1. a fair and accurate summary of that statement,—

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          Notes
          • Section 67: amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).