133 Molesworth
Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
Amy Van Wey Lovatt
By email:
[FYI request #12108 email]
Ref:
H202002129
Dear Ms Van Wey Lovatt
Response to request for official information
Thank you for your request to the Ministry of Health (the Ministry) under the Official
Information Act 1982 (the Act), received on 3 April 2020 for:
“Request 1: Thus, I request, under section 13 and 14 of the OIA that your please
assist me in obtaining these policies even if it requires transferring my request to
each and every DHB or another relevant agency, which would have the required
information. Request 2: In terms of clarification of how the policies are consistent with
legislation, please explain who other than the HDC would be the most relevant to
provide such information. According to section 14 of the Health and Disability
Commissioner Act 1994, (1)The functions of the Commissioner are as follows: (a) as
a first priority, to prepare a draft Code of Health and Disability Services Consumers’
Rights in accordance with section 19: (b) in accordance with section 21, to review the
Code and make to the Minister any recommendations for changes to the Code: (c) to
promote, by education and publicity, respect for and observance of the rights of
health consumers and disability services consumers, and, in particular, to promote
awareness, among health consumers, disability services consumers, health care
providers, and disability services providers of the rights of health consumers and
disability services consumers and of the means by which those rights may be
enforced: (d) to make public statements and publish reports in relation to any matter
affecting the rights of health consumers or disability services consumers or both,
including statements and reports that promote an understanding of,
and compliance with, the Code or the provisions of this Act: (da) to act as the initial
recipient of complaints about health care providers and disability services providers,
and to ensure that each complaint is appropriately dealt with: (e) to investigate, on
complaint or on the Commissioner’s own initiative, any action that is or appears to
the Commissioner to be in breach of the Code or, in the case of conduct that
occurred before the enactment of the Code, in breach of certain disciplinary
standards: (f) to refer complaints, or investigations on the Commissioner’s own
initiative, to the Director of Proceedings for the purpose of deciding whether or not
any further action should be taken in respect of any such breach or alleged breach:
(g) subject to section 15(2), to make recommendations to any appropriate person or
authority in relation to the means by which complaints involving alleged breaches
might be resolved and further breaches avoided: (h) to prepare guidelines for the
operation of advocacy services in accordance with section 28: (i) to make
suggestions to any person in relation to any matter that concerns the need for, or the
desirability of, action by that person in the interests of the rights of health consumers
or disability services consumers or both: (j) on the Commissioner’s own initiative or at
the request of the Minister, to advise the Minister on any matter relating to— (i) the
rights of health consumers or disability services consumers or both; or (ii) the
administration of this Act: (k) to report to the Minister from time to time on the need
for, or desirability of, legislative, administrative, or other action to give protection or
better protection to the rights of health consumers or disability services consumers or
both: (l) to receive and invite representations from members of the public and from
any other body, organisation, or agency on matters relating to the rights of health
consumers or disability services consumers or both: (m) to gather such information
as in the Commissioner’s opinion wil assist the Commissioner in carrying out the
Commissioner’s functions under this Act: (ma) to monitor mental health and addiction
services and to advocate improvements to those services: (n)[Repealed] (o) to
perform such functions as the Commissioner is for the time being directed to perform
by the Minister in accordance with section 112 of the Crown Entities Act 2004: (p) to
exercise and perform such other functions, powers, and duties as are conferred or
imposed on the Commissioner by or under this Act or any other enactment.”
On 1 May 2020 we contacted you to clarify part two of your request to ascertain what
information the Ministry can provide.
As a response has not been received to date the Ministry assumes that you are satisfied
with the information already provided in relation to part two of your request.
As previously indicated if you wish to find out more about the functions of the Health and
Disability Commissioner (HDC) and how they govern New Zealand district health board
policies, the HDC website provides a useful tool
: https://www.hdc.org.nz/about-us/
You have the right, under section 28 of the Act, to ask the Ombudsman to review any of my
decisions made under this request for information.
Yours sincerely
Zoe Royden
Manager (Acting) OIA Services
Office of the Director-General
