Review of New Zealand's Health and Disability Commissioner Act and Code of Rights

Abstract

This column discusses some key issues considered in the third review of New Zealand,s Code of Patients, Rights and its complaints regime, a system which is generally working well. The Review considered whether a broad access right should included in the Code, and supported a narrower right in the disability area. In a notable omission the Code has never included a right to the confidentiality of health information. The Review would remedy this gap. An intriguing submission sought the inclusion in the Code of a right to be treated with compassion. Legislative amendment of a narrow definition of "aggrieved person", which has the effect of restricting access to the Tribunal with a damages jurisdiction, was recommended. A recommendation to allow research on incompetent patient to proceed if "not known to be contrary to the best interests" of the consumer warrants consideration of further options before implementation.