14 July 2026
Nigel Gray
By email: [FYI request #34763 email]
Tēnā koe Nigel Gray
Re:
Information request
Our ref:
L-01089
Your request was transferred to HDC on
18/06/2026. You requested:
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.
Request 2 - Received 15 June 2026
1. The specific regulation, statutory instrument, rule, or legally binding
directive that establishes “informed consent” as a regulated requirement in
New Zealand.
2. If no such regulation exists, please confirm this explicitly.
3. Any internal or external documents, legal advice, policy guidance, or
ministerial directives that describe “informed consent” as a regulatory
requirement.
4. Any documents that explain the legal basis for agencies referring to
“informed consent” as a regulated or enforceable standard.
We have considered your request under the Official Information Act 1982.
Auckland Office: PO Box 1791, Auckland 1140; Wellington Office: PO Box 245, Wellington 6140
Freephone: 0800 11 22 33; Email:
[email address]; Website: www.hdc.org.nz

2
Response
HDC has interpreted your request to be about informed consent in relation to the
provision of health and disability services, given the role of the Health and Disability
Commissioner.
Under section 74 of the Health and Disability Commissioner Act 1994 (the Act), the
Governor-General may make regulations prescribing a Code of Health and Disability
Services Consumers’ Rights (the Code). Section 74(3) states that regulations made
under this section are secondary legislation. The content of the Code is prescribed in
section 20 of the Act, with section 20(1)(a) stating that the Code shall contain
provisions relating to the principle that no health care procedure shall be carried out
without informed consent.
The regulation prescribing the Code is named the Health and Disability Commissioner
(Code of Health and Disability Services Consumers’ Rights) Regulations 1996. It
establishes the right for consumers of health and disability services to make an
informed choice and give informed consent. Please see Right 7 of the Code:
Health
and Disability Commissioner (Code of Health and Disability Services Consumers'
Rights) Regulations 1996 | New Zealand Legislation.
You may seek a review of this decision from the Office of the Ombudsman.
Nāku iti noa, nā
Craig Goodwillie
OIA Team Leader