About the review
We are legally required to review the Act and the Code and make recommendations to the Minister of Health. Our recommendations are due by 20 December 2024.
There has been a lot of change since the Act and the Code were first introduced. The review is an opportunity to make sure they remain effective in protecting and promoting the rights of everyone using health and disability services.
Who is the Health and Disability Commissioner?
The Health and Disability Commissioner (HDC) is an independent Commissioner responsible for protecting and promoting people’s rights under the Code, including by resolving complaints when people feel their rights aren’t being respected.
What are the Act and the Code?
The Act and Code were established to ensure that people are treated as partners in their care and have help to resolve issues and hold people accountable when this doesn’t happen.
The Health and Disability Commissioner Act 1994 sets out what the HDC can do, including how complaints can be resolved.
The Code of Health and Disability Services Consumers’ Rights sets out people’s rights when using health and disability services. Everyone who uses these services has rights and everyone who provides a service must uphold these rights, whether or not these services are paid for.
What is the Nationwide Health and Disability Advocacy Service?
The Act sets out the role of an independent Nationwide Health and Disability Advocacy Service (the Advocacy Service). The Advocacy Service tells people about the Code and helps them to raise and resolve their concerns about a health or disability service directly with providers.
What have we done so far?
Over the past year, we’ve engaged with a range of people and organisations across the motu to set the scope of the review and develop our suggestions for change.
We’ve focussed on hearing from Māori and tāngata whaikaha | disabled people about how the Act and the Code can honour and align with Te Tiriti o Waitangi | The Treaty of Waitangi and the United Nations Convention on the Rights of Persons with Disabilities, as well as hearing from consumers, providers and health and disability sector leaders with diverse backgrounds and experiences.
Those conversations have helped us shape up some options and suggestions for change. Now we need to hear from you.
Who can get involved?
Everyone can have a say in the consultation. We need to hear from as many people as possible to ensure that any changes we recommend are well thought through and work for everybody.
Read the consultation document
Want to promote the review in your community? You can find some helpful resources here.
What happens next?
Your feedback will help us make recommendations to the Minister of Health to improve the Act and the Code. Under our Act, the Minister of Health must present a copy of the report to Parliament within 12 working days of receiving it. It’s then up to the Minister of Health and the Government to decide if they want to progress our recommendations.
While the consultation is focused on changes to the Act and the Code, your feedback will also help us improve the way we do things at HDC.