1) Every consumer has the rights in
this Code.
2) Every provider is subject to the
duties in this Code.
a) Inform consumers of their rights;
and
b) Enable consumers to exercise
their rights.
2. Rights of Consumers and Duties of
Providers:
The rights of consumers and the
duties of providers under this Code are as follows:
RIGHT 1
Right to be Treated with Respect
1) Every consumer has the right to
be treated with respect.
2) Every consumer has the right to
have his or her privacy respected.
3) Every consumer has the right to
be provided with services that take into account the needs, values,
and beliefs of different cultural, religious, social, and ethnic
groups, including the needs, values, and beliefs of Maori.
RIGHT 2
Right to Freedom from Discrimination, Coercion, Harassment, and
Exploitation
Every consumer has the right to be
free from discrimination, coercion, harassment, and sexual,
financial or other exploitation.
RIGHT 3
Right to Dignity and Independence
Every consumer has the right to have
services provided in a manner that respects the dignity and
independence of the individual.
RIGHT 4
Right to Services of an Appropriate Standard
1) Every consumer has the right to
have services provided with reasonable care and skill.
2) Every consumer has the right to
have services provided that comply with legal, professional,
ethical, and other relevant standards.
3) Every consumer has the right to
have services provided in a manner consistent with his or her
needs.
4) Every consumer has the right to
have services provided in a manner that minimises the potential
harm to, and optimises the quality of life of, that consumer.
5) Every consumer has the right to
co-operation among providers to ensure quality and continuity of
services.
RIGHT 5
Right to Effective Communication
1) Every consumer has the right to
effective communication in a form, language, and manner that
enables the consumer to understand the information provided. Where
necessary and reasonably practicable, this includes the right to a
competent interpreter.
2) Every consumer has the right to
an environment that enables both consumer and provider to
communicate openly, honestly, and effectively.
RIGHT 6
Right to be Fully Informed
1) Every consumer has the right to the
information that a reasonable consumer, in that consumer's
circumstances, would expect to receive, including -
a) An explanation of his or her
condition; and
b) An explanation of the options
available, including an assessment of the expected risks, side
effects, benefits, and costs of each option; and
c) Advice of the estimated time
within which the services will be provided; and
d) Notification of any proposed
participation in teaching or research, including whether the
research requires and has received ethical approval; and
e) Any other information required by
legal, professional, ethical, and other relevant standards; and
f) The results of tests; and
g) The results of procedures.
2) Before making a choice or giving
consent, every consumer has the right to the information that a
reasonable consumer, in that consumer's circumstances, needs to
make an informed choice or give informed consent.
3) Every consumer has the right to
honest and accurate answers to questions relating to services,
including questions about -
a) The identity and qualifications
of the provider; and
b) The recommendation of the
provider; and
c) How to obtain an opinion from
another provider; and
d) The results of research.
4) Every consumer has the right to
receive, on request, a written summary of information provided.
RIGHT 7
Right to Make an Informed Choice and Give Informed
Consent
1) Services may be provided to a
consumer only if that consumer makes an informed choice and gives
informed consent, except where any enactment, or the common law, or
any other provision of this Code provides otherwise.
2) Every consumer must be presumed
competent to make an informed choice and give informed consent,
unless there are reasonable grounds for believing that the consumer
is not competent.
3) Where a consumer has diminished
competence, that consumer retains the right to make informed
choices and give informed consent, to the extent appropriate to his
or her level of competence.
4) Where a consumer is not competent
to make an informed choice and give informed consent, and no person
entitled to consent on behalf of the consumer is available, the
provider may provide services where -
a) It is in the best interests of
the consumer; and
b) Reasonable steps have been taken
to ascertain the views of the consumer; and
c) Either, -
i. If the consumer's views have been
ascertained, and having regard to those views, the provider
believes, on reasonable grounds, that the provision of the services
is consistent with the informed choice the consumer would make if
he or she were competent; or
ii. If the consumer's views have not
been ascertained, the provider takes into account the views of
other suitable persons who are interested in the welfare of the
consumer and available to advise the provider.
5) Every consumer may use an advance
directive in accordance with the common law.
6) Where informed consent to a
health care procedure is required, it must be in writing if -
a) The consumer is to participate in
any research; or
b) The procedure is experimental;
or
c) The consumer will be under
general anaesthetic; or
d) There is a significant risk of
adverse effects on the consumer.
7) Every consumer has the right to
refuse services and to withdraw consent to services.
8) Every consumer has the right to
express a preference as to who will provide services and have that
preference met where practicable.
9) Every consumer has the right to
make a decision about the return or disposal of any body parts or
bodily substances removed or obtained in the course of a health
care procedure.
10) No body part or bodily
substance removed or obtained in the course of a health care
procedure may be stored, preserved, or used otherwise than
(a) with the informed consent
of the consumer; or
(b) For the purposes of research
that has received the approval of an ethics committee; or
(c) For the purposes of 1 or
more of the following activities, being activities that are each
undertaken to assure or improve the quality of services:
(i) a professionally recognised
quality assurance programme:
(ii) an external audit of
services:
(iii) an external evaluation of
services.
RIGHT 8
Right to Support
Every consumer has the right to have
one or more support persons of his or her choice present, except
where safety may be compromised or another consumer's rights may be
unreasonably infringed.
RIGHT 9
Rights in Respect of Teaching or Research
The rights in this Code extend to
those occasions when a consumer is participating in, or it is
proposed that a consumer participate in, teaching or research.
RIGHT 10
Right to Complain
1) Every consumer has the right to
complain about a provider in any form appropriate to the
consumer.
2) Every consumer may make a
complaint to -
a) The individual or individuals who
provided the services complained of; and
b) Any person authorised to receive
complaints about that provider; and
c) Any other appropriate person,
including -
i. An independent advocate provided
under the Health and Disability Commissioner Act 1994; and
ii. The Health and Disability
Commissioner.
3) Every provider must facilitate
the fair, simple, speedy, and efficient resolution of
complaints.
4) Every provider must inform a
consumer about progress on the consumer's complaint at intervals of
not more than 1 month.
5) Every provider must comply with
all the other relevant rights in this Code when dealing with
complaints.
6) Every provider, unless an
employee of a provider, must have a complaints procedure that
ensures that -
a) The complaint is acknowledged in
writing within 5 working days of receipt, unless it has been
resolved to the satisfaction of the consumer within that period;
and
b) The consumer is informed of any
relevant internal and external complaints procedures, including the
availability of -
i. Independent advocates provided
under the Health and Disability Commissioner Act 1994; and
ii. The Health and Disability
Commissioner; and
c) The consumer's complaint and the
actions of the provider regarding that complaint are documented;
and
d) The consumer receives all
information held by the provider that is or may be relevant to the
complaint.
7) Within 10 working days of giving
written acknowledgement of a complaint, the provider must, -
a) Decide whether the provider -
i. Accepts that the complaint is
justified; or
ii. Does not accept that the
complaint is justified; or
b) If it decides that more time is
needed to investigate the complaint, -
i. Determine how much additional
time is needed; and
ii. If that additional time is more
than 20 working days, inform the consumer of that determination and
of the reasons for it.
8) As soon as practicable after a
provider decides whether or not it accepts that a complaint is
justified, the provider must inform the consumer of -
a) The reasons for the decision;
and
b) Any actions the provider proposes
to take; and
c) Any appeal procedure the provider
has in place.
3. Provider Compliance
A provider is not in breach of this
Code if the provider has taken reasonable actions in the
circumstances to give effect to the rights, and comply with the
duties, in this Code.
The onus is on the provider to prove
it took reasonable actions.
For the purposes of this clause,
"the circumstances" means all the relevant circumstances, including
the consumer's clinical circumstances and the provider's resource
constraints.
4. 
Definitions
In this Code,
"Advance directive"
means a written or oral directive-
(a) By which a consumer makes a
choice about a possible future health care procedure; and
(b) That is intended to be effective
only when he or she is not competent:
"Choice" means a
decision-
(a) To receive services:
(b) To refuse services:
(c) To withdraw consent to
services:
"Consumer" means a
health consumer or a disability services consumer; and, for the
purposes of rights 5, 6, 7(1), 7(7) to 7(10), and 10, includes a
person entitled to give consent on behalf of that consumer:
"Discrimination"
means discrimination that is unlawful by virtue of Part II of the
Human Rights At 1993:
"Duties" includes
duties and obligations corresponding to the rights in this Code
"Ethics
committee" means an ethics committee -
(a) established by, or appointed
under, an enactment; or
(b) approved by the Director-General
of Health:
"Exploitation" includes any abuse of a position of
trust, breach of a fiduciary duty, or exercise of undue
influence:
"Optimise the
quality of life" means to take a holistic view of the needs of the
consumer in order to achieve the best possible outcome in the
circumstances:
"Privacy" means all
matters of privacy in respect of the consumer, other than matters
of privacy that may be the subject of a complaint under Part VII or
Part VIII of the Privacy Act 1993 or matters to which Part X of
that Act relates:
"Provider" means a
health care provider or disability services provider:
"Research" means
health research or disability research:
"Rights" includes
rights corresponding to the duties in this Code:
"Services" means
health services, or disability services, or both; and includes
health care procedures:
"Teaching" includes training of
providers.
5. Other Enactments
Nothing in this Code shall require a
provider to act in breach of any duty or obligation imposed by any
enactment or prevents a provider doing an act authorised by any enactment.
6. Other Rights
An existing right is not overridden
or restricted simply because the right is not included in this Code
or is included only in part.