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Ombudsmen Act 1975

Functions of Ombudsmen

17B: Referral of complaint to Health and Disability Commissioner

You could also call this:

"When to send your complaint to the Health and Disability Commissioner instead of the Ombudsman."

Illustration for Ombudsmen Act 1975

If you make a complaint to an Ombudsman, they will look at it and decide if it is something they should deal with. If they think it is more suitable for the Health and Disability Commissioner to handle, they will talk to the Commissioner about what to do with your complaint. The Ombudsman will then decide if your complaint should be dealt with under the Ombudsmen Act or the Health and Disability Commissioner Act 1994. If the Ombudsman thinks the Health and Disability Commissioner should handle your complaint, they will send it to the Commissioner and let you know what they have done.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431140.

Topics:
Government and voting > Government departmentsHealth and wellbeing > Healthcare services
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17C: Referral of complaint to Inspector-General of Intelligence and Security, or

"When to send your complaint to the Inspector-General of Intelligence and Security instead of the Ombudsman"

17BReferral of complaint to Health and Disability Commissioner

  1. Where, on receiving a complaint under this Act, an Ombudsman considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994, the Ombudsman shall forthwith consult with the Health and Disability Commissioner in order to determine the appropriate means of dealing with the complaint.

  2. As soon as practicable after consulting with the Health and Disability Commissioner under subsection (1), the Ombudsman shall determine whether the complaint should be dealt with, in whole or in part, under this Act.

  3. If the Ombudsman determines that the complaint should be dealt with, in whole or in part, under the Health and Disability Commissioner Act 1994, the Ombudsman shall forthwith refer the complaint or, as the case requires, the appropriate part of the complaint to the Health and Disability Commissioner to be dealt with accordingly, and shall notify the complainant of the action that has been taken.

Notes
  • Section 17B: inserted, on , by section 76(1) of the Health and Disability Commissioner Act 1994 (1994 No 88).