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Pae Ora (Healthy Futures) Act 2022

Schedule 5: Provisions applying to mortality review committees

You could also call this:

"Rules for committees that review deaths to help prevent them"

Illustration for Pae Ora (Healthy Futures) Act 2022

You are part of a mortality review committee. This committee looks at deaths to learn how to prevent them. The committee has rules to follow. These rules are explained in this schedule. You need to know what some words mean. A document is something with information on it. A judicial proceeding is a court case. A ministerial authority is permission from the Minister. A serious offence is a crime that can lead to imprisonment for two years or more. The chairperson of the committee can ask you for information. You must give them the information they ask for. This information can be about a patient or answers to questions. There are rules about what you can and cannot do with this information. You cannot share it with others unless it is to help the committee do its job. You also cannot share it if it would identify someone. The Minister can give permission to share information. This permission is called a ministerial authority. The Minister can only give this permission if the information is about a serious crime. The committee can make its own rules about how it works. These rules must follow the law. The committee must keep information secret unless it has permission to share it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS575993.

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5Provisions applying to mortality review committees Empowered by s 82

1Interpretation

  1. In this schedule, unless the context otherwise requires,—

    document has the same meaning as in section 2(1) of the Official Information Act 1982

      judicial proceeding means a proceeding that is judicial within the meaning of section 108 of the Crimes Act 1961

        ministerial authority means an authority—

        1. given by the Minister under clause 6(1); and
          1. in force for the time being

            serious offence means an offence punishable by imprisonment for a term of 2 years or more.

            2Chairperson may require person to give information

            1. If a mortality review committee gives its chairperson, or an agent the committee appoints for the purpose, authority in writing to do so, the chairperson or agent may, by notice in writing to any person, require the person to give the committee information in the person’s possession, or under the person’s control, and relevant to the performance by the committee of any of its functions.

            2. Examples of the information the chairperson or agent may require are—

            3. patient records, clinical advice, and related information:
              1. answers to questions posed by the chairperson in the notice, and that the person is able to answer:
                1. information that became known solely as a result of a declared quality assurance activity, within the meaning of Part 6 of the Medical Practitioners Act 1995, or a protected quality assurance activity within the meaning of section 53(1) of the Health Practitioners Competence Assurance Act 2003.

                  1. The person must take all reasonable steps to comply with the notice.

                  3Meaning of information

                  1. In clauses 4 to 6, information means any information—

                  2. that is personal information within the meaning of section 7(1) of the Privacy Act 2020; and
                    1. that became known to any member or executive officer or agent of a mortality review committee only because of the committee’s functions being performed (for example, because it is contained in a document created, and made available to the member or executive officer or agent, only because of those functions being performed), whether or not the performance of those functions is completed.

                      4Prohibitions on production, disclosure, and recording of information

                      1. A member or executive officer or agent of a mortality review committee must not produce or disclose information to another person or in any judicial proceeding, or make any record of it, unless the production, disclosure, or record is—

                      2. for the purposes of performing the committee’s functions; or
                        1. in accordance with an exception stated in clause 5; or
                          1. in accordance with a ministerial authority.

                            1. In any judicial proceeding, a member or executive officer or agent of a mortality review committee must not be required to produce information in contravention of subclause (1).

                            5Exceptions to prohibitions

                            1. Clause 4 does not prohibit—

                            2. the production, disclosure, or recording of information if the information does not identify, either expressly or by implication, any particular individual:
                              1. the disclosure of information—
                                1. with the consent of every person who would be directly or indirectly identified by the disclosure:
                                  1. to the Minister, or a person authorised by the Minister, for the purpose of enabling the Minister to decide whether or not to issue a ministerial authority:
                                    1. for the purposes of the prosecution of an offence against section 82(6) (disclosure of information contrary to this schedule).

                                    6Minister may authorise disclosure of information

                                    1. If the Minister is satisfied that information relates to conduct (whenever occurring) that constitutes or may constitute a serious offence, the Minister may, by notice in writing signed by the Minister, give a ministerial authority authorising the disclosure of the information, in the manner, and subject to any conditions, specified in the notice, for 1 or more of the following purposes:

                                    2. for the purposes of the investigation and prosecution of offences:
                                      1. for the purposes of a Royal Commission, or a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908:
                                        1. for the purposes of an inquiry to which section 6 of the Inquiries Act 2013 applies.

                                          1. However, a ministerial authority may be given for information of a non-factual nature (for example, expressions of opinion) only if that information consists only of matter contained in a report or advice prepared by the mortality review committee.

                                          2. The Minister may at any time—

                                          3. revoke a ministerial authority; or
                                            1. revoke, amend, or add to any condition or conditions to which a ministerial authority is subject.

                                              1. A ministerial authority authorising the disclosure of information does not of itself—

                                              2. require the disclosure of that information; or
                                                1. create a duty to disclose that information.

                                                  7Supplementary procedure

                                                  1. A mortality review committee may regulate its procedure, at its meetings and otherwise, in any manner not inconsistent with this Act it thinks fit.