Health and Disability Commissioner Act 1994 — Code of Rights

HDC Code of Rights — all 10 rights explained

Every health and disability service consumer in NZ has 10 rights under the Code. Every health provider has corresponding obligations. Here's what each right means in practice.

📋 Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996

Right 1 — Right to be treated with respect

Every consumer has the right to be treated with respect. This includes respect for the person's culture, values, beliefs, and identity. Services must be delivered in a way that acknowledges the individuality of the consumer. Degrading or humiliating treatment is a breach of this right.

Right 2 — Right to freedom from discrimination, coercion, harassment, and exploitation

Consumers have the right to receive services free from discrimination based on age, gender, ethnicity, disability, religion, or any other ground. They cannot be coerced into accepting or refusing treatment. Financial exploitation of consumers by providers is prohibited.

Right 3 — Right to dignity and independence

Services must be provided in a way that respects the consumer's dignity and promotes their independence. Infantilising language, unnecessary physical assistance, or removal of choice all risk breaching this right.

Right 4 — Right to appropriate standards of care

The most commonly cited right in HDC complaints

Consumers have the right to services provided with reasonable care and skill, in accordance with professional standards. This includes:

Right 4(1): Reasonable care and skill
Right 4(2): Qualified providers
Right 4(3): Legal services, ethical practice
Right 4(4): Cooperation between providers
Right 4(5): Minimisation of potential harm

Right 5 — Right to effective communication

Consumers have the right to receive information in a form, language, and manner that enables them to understand it. This includes the right to an interpreter, to have information repeated, and to have complex information explained clearly. Communication failures frequently contribute to adverse events.

Right 6 — Right to be fully informed

Consumers have the right to information that a reasonable consumer in their situation would expect to receive — including: the nature of their condition, options for treatment, risks and benefits of each option, their prognosis, and the identity and qualifications of those providing care.

Right 7 — Right to make an informed choice and give informed consent

No treatment without consent

Consumers have the right to make informed choices and to give or withhold informed consent. Consent must be voluntary, informed, and specific. Key provisions:

Right 7(2): Time to decide — no undue pressure
Right 7(4): Right to refuse treatment
Right 7(7): When consumer lacks competence — welfare guardian or EPA holder makes decisions
Right 7(10): In emergencies, treatment may proceed without consent if necessary to prevent serious harm

Right 8 — Right to support

Every consumer has the right to have a support person or persons present, unless it would unreasonably compromise safety. This includes the right to have a whānau member, friend, or advocate present during consultations, procedures, or any interaction with health services.

Right 9 — Rights in teaching and research

Consumers have the right to refuse to take part in teaching or research. Their participation must be voluntary and informed. They can withdraw consent at any time without prejudice to their care.

Right 10 — Right to complain

Every consumer can complain

Consumers have the right to complain about any breach of the Code. Every provider must have a complaints process that is accessible, prompt, and fair. Providers must:

Acknowledge the complaint promptly
Inform the consumer of the outcome
Not retaliate against a consumer for complaining

Unresolved complaints can be escalated to the Health and Disability Commissioner: hdc.org.nz or 0800 11 22 33.

Source: Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996. HDC: hdc.org.nz. General information only.

Frequently asked questions

Does the Code apply to aged care?

Yes. The Code applies to all health and disability services, including aged care facilities, disability support services, home care, mental health services, and GP practices.

What happens when the HDC investigates?

The HDC investigates complaints from consumers or their representatives. If a breach is found, the Commissioner can name the provider, make recommendations, refer to the Director of Proceedings, and the case can go to the Human Rights Review Tribunal which can award up to $350,000 in damages.

Does the Code apply to student or training situations?

Yes. Even in teaching and research contexts, consumers retain all their Code rights — including the right to refuse to participate in teaching or research.

Can a provider be found in breach even if no harm occurred?

Yes. A breach of the Code does not require actual harm. For example, failing to obtain informed consent before a procedure is a breach of Right 7, regardless of whether the procedure went well.

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