Information and hospital access policies

Amy S Van Wey Lovatt made this Official Information request to Ministry of Health

The request was partially successful.

From: Amy S Van Wey Lovatt

Dear Ministry of Health,

Are there any policies, protocols, rules, regulations or directives from the Ministry of Health which state that a patient (whether or not they are a NZ resident, NZ permanent resident, or NZ citizen)
(1) MAY NOT request policies and protocols from local DHB's in person with or without an appointment? or
(2) MAY NOT request medical records in person from the Clinical Records team, hospital ward reception, or outpatient clinical department receptionists, nurses or doctors either with or without a scheduled appointment ? or
(3) MAY NOT request test results in person from the hospital labs with or without an appointment? or
(4) MAY NOT seek help with post-surgical wound dressing and information from the surgical ward with or without an appointment, having not been provided adequate post-operative care instructions? or
(5) MAY NOT request an appointment with executive or board members in person? or
(6) MAY NOT drop off OIA and Privacy Act requests at the hospital in person with or without an appointment? or
(7) MAY BE limited in respects to the patients freedom of expression (receive, seek or impart information) under section 14 of the New Zealand Bill of Rights Act 1990? or
(8) MAY BE refused access to needed, publicly funded medical services (such as through a Trespass Notice) if the individual is a NZ resident, permanent resident or citizen?

If any policies, protocols, rules, regulations or directives exist for the above questions, I respectfully request a copy.

Is it the Minister of Health's position that the exercise of a patients rights to seek, receive, and impart information (s 14 of the NZBORA 1990), access to personal medical information (Rules 6-8 of the Health Information Privacy Code 1994), and request of government policy (Official Information Act 1982 ; Rights 4-7 of the HDC (Code of Health and Disability Services Consumers' Rights) Regulations 1996) are grounds for serving a Trespass Notice on a patient whether a New Zealand permanent resident or citizen or not?

Further, please provide me with a copy of the directive, policy, rule, regulation, guideline or directive for the lawful and justifiable reasons to serve serve a Trespass Notice on a patient, the required evidence to support the lawful and justifiable reason, any necessary exceptions to the Trespass Notice (e.g., access to emergency services, outpatient or inpatient services, family medical emergencies, etc.), the delegated authority within a DHB who may serve such a notice, and the process the delegated authority must adhere to in order to lawfully and justifiably serve a Trespass Notice on a patient.

Respectfully yours,

Amy S Van Wey Lovatt

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Ministry of Health


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Kia ora Amy

Thank you for your request for information under the Official Information
Act 1982, received by the Ministry of Health on 7 October 2019.

The Ministry's reference number for your request is: H201908926

As required under the Act we will endeavour to respond to your request no
later than 5 November 2019, being 20 working days after the day your
request was received.  

If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.

If you have any queries related to this request, please do not hesitate to
get in touch.

Nga mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

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Ministry of Health


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Kia ora Ms Lovatt

Please find attached a letter regarding your request for official
information.

Nga mihi
Emily Moxon

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

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From: Amy S Van Wey Lovatt

Dear Ministry of Health,

In the response dated 17 October 2019, I was told that my "request is refused pursuant to section 18(e) of the Act, as the information requested does not exist."

However, in the line preceding this statement, Mr Allan stated: "Issues of access to district health board (DHB) property and personnel, including the exercise of powers of trespass, are matters for individual DHBs in accordance with the law."

So does this mean that the information does not exist, or that the information is not currently held by the Ministry of Health and thus it may take some time for the MoH to obtain the requested information from the DHB's?

Yours faithfully,

Amy S Van Wey Lovatt

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Ministry of Health


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Dear Ms Van Wey Lovatt

As stated in our response of 17 October 2019, your request was refused
under section 18(e) of the Official Information Act 1982 as the
information requested does not exist. You may wish to contact your local
DHB about their policy on trespass notices.

Sincerely

Margee Do
Senior Advisor, OIA Services
[email address]
Ministerial Services  l  Government Services  l  Office of the Director
General

[1]http://www.health.govt.nz

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From: Amy S Van Wey Lovatt

Dear Ministry of Health,

I am very confused by the response I received on 29 January 2020. If the information does not exist, why would you direct me to make inquiries to all DHB's for the information?

Perhaps I have been unclear in my requests.

I respectfully request your assistance under section 13 of the Act of gathering trespass policies from every DHB in New Zealand or for the MoH to transfer my request to every DHB pursuant to section 14 of the Act. Of course, I would think that the Ministry of Health, as the regulatory body, would also like to review these policies to ensure that the policies are consistent between DHBs and with legislation.

Thank you for your prompt assistance with this matter.

Yours faithfully,

Amy S Van Wey Lovatt

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From: Amy S Van Wey Lovatt

Dear Ministry of Health,

I am following up because the response to my request is "long overdue" having been submitted in October 2019 and the information I was provided was inconsistent with sections 13 and 14 of the OIA.

I respectfully request an expected time frame required for the MoH to gather the requested information and provide it to me.

Kind regards,

Amy S Van Wey Lovatt

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From: Amy S Van Wey Lovatt

Dear Ministry of Health,

I am following up because the response to my request is "long overdue" having been submitted in October 2019 and the information I was provided was inconsistent with sections 13 and 14 of the OIA.

I respectfully request an expected time frame required for the MoH to gather the requested information and provide it to me.

Kind regards,

Amy S Van Wey Lovatt

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Ministry of Health


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Kia ora Amy

The Ministry's decision to refuse your request under 18(e) still stands.
If you are unsatisfied with the response, you may wish to approach the
Ombudsman to lay a complaint or approach other agencies which may have
information useful to you. This request is now deemed closed.

Ngā mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

From:        "Amy S Van Wey Lovatt"
<[FOI #11404 email]>
To:        "OIA/LGOIMA requests at Ministry of Health"
<[Ministry of Health request email]>,
Date:        25/02/2020 04:58 p.m.
Subject:        Re: Response to your request for information, Ref:
H201908926

--------------------------------------------------------------------------

Dear Ministry of Health,

I am following up because the response to my request is "long overdue"
having been submitted in October 2019 and the information I was provided
was inconsistent with sections 13 and 14 of the OIA.

I respectfully request an expected time frame required for the MoH to
gather the requested information and provide it to me.

Kind regards,

Amy S Van Wey Lovatt

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Things to do with this request

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