HDC Code of Rights — Right 10 + Health and Disability Commissioner Act 1994
Health complaints in New Zealand — provider obligations
Every consumer has the right to complain. Every provider must have a process to receive, acknowledge, and respond to complaints. Here's what Right 10 requires.
📋 HDC Code of Rights, Right 10 — right to complain
Right 10 — the right to complain
Every consumer can complain about any breach of the Code
Right 10 gives every consumer the right to complain about the health or disability services they have received. This right cannot be restricted or waived. Providers must not retaliate against a consumer for making a complaint.
What your complaints process must include
- A clear, accessible way for consumers to make complaints — in writing or verbally
- Acknowledgement of the complaint promptly (within a few working days)
- A written response within a reasonable time — typically 20 working days
- An explanation of what happened and what will be done differently
- Information about external complaints options if the consumer is unsatisfied
- No adverse treatment of the consumer for making the complaint
External complaints — the HDC
Health and Disability Commissioner
If a consumer is not satisfied with the provider's response, they can complain to the Health and Disability Commissioner:
- Website: hdc.org.nz
- Phone: 0800 11 22 33
- Free to complainants
- Complaints can also be made by a person's whānau or representative
The HDC investigation process
- Complaint received and assessed — about 30% are investigated
- Provider is notified and given a chance to respond
- HDC investigates — may interview parties, review records, consult clinical advisors
- Provisional opinion issued — both parties can comment
- Final opinion released — finding of breach or no breach
- If breach: recommendations made, may refer to Director of Proceedings
Consequences of an HDC breach finding
- Named publicly in the HDC's decisions (on their website)
- Recommendations to change practice, undergo training, or apologise
- Referral to the Director of Proceedings — who can bring a case before the Human Rights Review Tribunal
- HRTRT can award up to $350,000 in damages
- Referral to professional regulatory body (Medical Council, Nursing Council, etc.)
Responding well — what matters most
A genuine apology can resolve many complaints
The HDC's own research shows that many complaints arise because consumers feel unheard or were never given an explanation. A prompt, genuine, and detailed response — including an explanation and an apology where appropriate — resolves the majority of complaints before they escalate to the HDC.
An apology does not constitute an admission of liability under the Accident Compensation Act — healthcare providers can apologise without fear of legal exposure.
Source: HDC Code of Rights, Right 10; Health and Disability Commissioner Act 1994. HDC:
hdc.org.nz. General information only.
Frequently asked questions
How long does an HDC investigation take?
Most investigations take 6–18 months. The timeline depends on complexity, the number of parties, and whether clinical advice is needed. Simple cases resolved at mediation may be faster.
Can a provider be named if the complaint is not substantiated?
Generally not — but the HDC has discretion. If the complaint reveals systemic issues or if the provider was found to have poor processes even without a Code breach, some information may still be published.
Do I need legal representation during an HDC investigation?
Not required. Many providers respond to HDC investigations themselves or with support from their professional organisation. Legal representation is advisable for complex cases or if referral to the Director of Proceedings is possible.
What if the consumer dies — can their family complain?
Yes. Family members or the estate of a deceased consumer can complain to the HDC on their behalf. Whānau can also complain if they believe the consumer's rights were breached, even if the consumer does not wish to complain themselves.