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Existence of Informed Consent Operational Documents

Nigel Gray made this Official Information request to Health New Zealand

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From: Nigel Gray

To: Health New Zealand | Te Whatu Ora From: Nigel Gray Subject: Official Information Request – Existence of Informed Consent Operational Documents

Dear Health New Zealand,
Under the Official Information Act 1982, I request the following information.
1. Identification of Documents
Please provide a list of all current Health NZ documents that operationalise the right to informed consent, including:
policies
procedures
clinical standards
guidelines
training requirements
audit or monitoring frameworks
For each document, please provide:
the title
the document number or code
the date of issue or last review
the responsible business unit
2. Confirmation of Absence
If Health NZ holds no documents in any of the above categories, please confirm this explicitly.
3. Copies of Documents (Optional Step)
Once the list is provided, I may request copies of specific documents. This request is only for the list.
Format
Electronic response is preferred.
Yours faithfully, Nigel Gray

Yours faithfully,

Nigel Gray

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From: hnzOIA

Tçnâ koe,

 

Thank you for your email. 

 

Under the Official Information Act (OIA), agencies are required to respond
to requests for official information as soon as reasonably practicable and
no later than 20 working days after receiving them.

If your request is for data that Health NZ holds, have you checked
[1]Lighthouse first to see if the data you are seeking is already
published?

 

Lighthouse is a searchable catalogue that makes a range of data and
analytics products available to New Zealanders to enable easier, faster
access to insights about health services.

 

You can find further information about how OIA timeframes are calculated,
including the Ombudsman’s OIA calculator, at the link below:
[2]Official information calculators | Ombudsman New Zealand

 

We will provide a response to your request in line with the statutory
timeframes set out in the OIA.

We appreciate your understanding and patience during this time.

 

Ngâ mihi,
Health NZ | Te Whatu Ora

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From: Nigel Gray

Dear hnzOIA,
Follow‑Up to Health NZ (English‑Only Version)
Subject: Follow‑up: OIA Request – Existence of Informed Consent Operational Documents

Dear Health New Zealand,

I am writing to follow up on my Official Information Act request of 21 May 2026 regarding the existence of any operational documents, procedures, or regulatory instruments that give effect to informed consent obligations within Health New Zealand.

I note that the statutory deadline for response is 19 June 2026. I also wish to highlight the requirement under section 15 of the OIA that agencies must make and communicate decisions “as soon as reasonably practicable”, with the 20‑working‑day limit being an outer boundary, not a target.

Given the narrow and binary nature of this request — namely, the identification of existing documents or confirmation that none exist — it is difficult to see how a response would require the full statutory period.

I would appreciate an update on the status of this request and confirmation of whether Health NZ anticipates meeting the “reasonably practicable” requirement.

Yours sincerely,
Nigel Gray

Yours sincerely,

Nigel Gray

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From: hnzOIA


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Kia Ora Nigel,
 
Thank you for your email. We are able to confirm that a number of
documents are held across different parts of Health NZ which relate to
Informed Consent. We are working on compiling a list of these and will
respond to your request in due course.
 
Ngā mihi,
 

 

Lucy 

Ministerial Services

Government Services (OIA)

 

Health New Zealand | Te Whatu Ora

 

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From: Nigel Gray

Dear hnzOIA,
Subject: Clarification Required – Regulatory Basis for “Informed Consent”

Kia ora Lucy,

Thank you for your email of 11 June.

You noted that “a number of documents are held across different parts of Health NZ which relate to informed consent,” and that you are compiling a list of these.

Before you proceed further, I would like to request a specific clarification to ensure the response aligns with the scope of my OIA request.

Clarification required
For the avoidance of doubt, my request concerns the existence (or non‑existence) of any regulation, statutory instrument, rule, or other legally binding secondary legislation that establishes “informed consent” as a regulated requirement in New Zealand.

Accordingly, could you please confirm the following:

Does any regulation or statutory instrument exist that creates a legally binding requirement for “informed consent” in New Zealand?

If yes, please identify the specific regulation (title, year, and clause).

If no such regulation exists, please confirm this explicitly.

If no regulation exists, please also confirm whether the documents you are compiling are policies, guidelines, internal documents, clinical standards, or references to the Code of Rights, rather than regulations made under an empowering provision of an Act.

This clarification is necessary because my request is specifically about regulatory authority, not general guidance or practice documents.

I appreciate your assistance and look forward to your confirmation.

Ngā mihi,
Nigel Gray

Yours sincerely,

Nigel Gray

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From: HDC OIA


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Please reply to this email. It is important for our complaint history that
this email thread is retained.
Dear Mr Gray,
 
Please find our response attached.

 

OIA Team

Office of the Health and Disability Commissioner | Te Toihau Hauora,
Hauātanga
PO Box 1791, Auckland 1140

Freephone 0800 11 22 33

Website    [1]hdc.org.nz

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