Review of the HDC Act and Code of Rights

A submission to the Health and Disability Commissioner (HDC) on their review of the Health and Disability Commissioner Act 1994 (the Act) and the Code of Health and Disability Service Consumers' Rights (the Code).
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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 Act sets out what the HDC can do, including how complaints can be resolved, and the Code 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.

Our submission outlines MHF's overall support for the intention of the review. However, we make several recommendations regarding:

  • supporting better and more equitable complaint resolution,
  • making the Act and Code work better for tāngata whaikaha | disabled people (especially around supported decision-making and the right to an advance directive), and
  • making the Act and Code more effective for, and responsive to the needs of, Māori.

We also provide some advice regarding minor and technical improvements.

This feedback seeks to assist the HDC in making recommendations to the Minister of Health to improve the Act and the Code. Their recommendations are due to the Minister by 20 December 2024.

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