Review of the Act and Code 2023

We’re in the process of scoping the review, so it’s too early to say. However, there is much that we could consider. While the last review was in 2019, it has been over a decade since any substantial changes have been made to the Act and Code.

Much has changed since then. There has been a fundamental restructure of the health and disability system, Aotearoa New Zealand’s population has become more diverse, and technological advances have changed the way we do things — a phenomenon that has accelerated as a result of the COVID-19 pandemic.

Our expectations have also shifted, with changes to the way we define disability, and an enhanced focus on human rights and upholding Te Tiriti o Waitangi.

It is important that any changes we recommend are well thought through and close equity gaps. We’ll be seeking input from a broad range of people, with a focus on communities who are more likely to experience poor outcomes when using health and disability services.

We are committed to fulfilling our responsibilities under Te Tiriti o Waitangi. Currently we are developing a ‘by Māori, for Māori’ engagement strategy, which is being led by our Kaitohu Mātāmua Māori.

It makes sense for several reasons, and has been the approach of all previous Commissioners. The Act and the Code work together, so it is helpful to review them at the same time — particularly when there has been so much change in the landscape to which they apply.

It is also a more efficient use of our and others’ time and energy. We know that people are already feeling consultation fatigue — particularly in the health space — and we want to make it as easy as possible for people to engage in this important work. 

The last review took place in 2019, but it has been over a decade since substantive changes were made to the Act or Code. While the Health and Disability Commissioner can make recommendations for change, only the government can make changes to the Act or Code.

The Act requires us to undertake these reviews regularly. It is also timely given the recent transformation of the health and disability sector.

We anticipate that we will begin a public consultation process at the end of 2023.

We are finalising the details of the consultation process as part of our scoping work, and our focus will be on ensuring that anyone who wants to have a say gets the chance to be heard.

We are committed to ensuring that we engage with Māori in a way that works for them, and will focus on delivering an accessible process. 

We are open to ideas about how best to engage with all communities. 

At this stage, we anticipate that consultation will run for five months — from November 2023 until the end of March 2024.

It is too early to say, as we are still in the scoping phase.

Again, it is too early to say, but we will make it as easy as possible for people to engage, and will offer as many avenues as practicable for people to have their say.

All the information we receive will be considered, and will inform our recommendations to the Minister of Health.

There are no right or wrong positions at this stage, and we have no predetermined view. We want to ensure that the Act and Code are fit for purpose and continue to be effective mechanisms for promoting and protecting the rights of all people who use health and disability services.

We don’t want to make presumptions at this stage. It is important to hear from people directly.

Email: review@hdc.org.nz

https://www.hdc.org.nz/about-us/history/

The Commissioner is governed by the Health and Disability Commissioner Act 1994.

The Code was made by regulations in 1996, and applies to all providers of health and disability services. It sets out 10 rights, including the right to be treated with respect, to be free from discrimination or exploitation, to dignity and independence, to services of an appropriate standard, to give informed consent, and to complain. The complaint mechanisms under the Act are the main way we deal with complaints about the quality of health and disability services.