133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
24 January 2025
Erika Whittome
By email: [FYI request #25904 email]
Ref:
H2024059014
Tēnā koe Erika
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) to the Ministry of
Health – Manatū Hauora (the Ministry) on 20 December 2024 for information regarding
breaches of the Health Practitioners Competence Assurance Act 2003 (the HPCA). You
requested:
“I understand that the chief legal advisor at the Ministry of Health has oversight of
breaches of the Health Practitioners Competence Assurance Act 2003. Would you kindly
share the information on the reports and documents that have been requested in this
OIA? The HPDT follows this act.”
While the Ministry administers the HPCA, including managing the consultation processes to
enable the Minister to appoint the members of the responsible authorities (RAs), it does not
have oversight of breaches of the HPCA by health practitioners. Under the HPCA the RAs are
the authorities that oversee any breaches of the Act by their members and hold the information
you have requested. You may find the list of RAs on the Ministry’s website here:
hwww.health.govt.nz/regulation-legislation/health-practitioners/responsible-authorities.
As such, I am refusing your request under section 18(g)(i) of the Act, as the information you
seek is not held by the Ministry or another agency subject to the Act.
The principal purpose of the HPCA is to protect the health and safety of members of the public
by providing for mechanisms (to the RAs) to ensure that health practitioners are competent and
fit to practise their professions. To provide an example, the Medical Council of NZ is responsible
for its member in the practice of medicine, the Nursing Council of NZ is responsible for its
member in the practice of nursing. The RAs responsibilities include managing the registration of
their members, their Annual Practising Certificate (APC), their qualification, their scope of
practice, and the disciplining of their members for breaches of the HPCA.
If you wish to discuss any aspect of your request with us, including this decision, please feel
free to contact the OIA Services Team on:
[email address].
Under section 28(3) of the Act, you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602.
Please note that this response, with your personal details removed, may be published on the
Manatū Hauora website at:
www.health.govt.nz/about-ministry/information-releases/responses-
official-information-act-requests.
Nāku noa, nā
Phil Knipe
Chief Legal Advisor
Ministry of Health
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