HDC Code of Rights — Right 7
Informed consent in New Zealand — health provider obligations
No treatment may proceed without informed consent. Right 7 of the HDC Code sets out exactly what informed consent requires — and when it can be given by someone else.
📋 HDC Code of Rights, Right 7 — informed consent
What informed consent requires
Three elements — all must be present
Consent is only valid if it is:
- Informed — the consumer has received and understood sufficient information to make a genuine choice
- Voluntary — freely given without coercion, pressure, or undue influence
- Competent — the consumer has the ability to understand, weigh up options, and make a decision
What information must be provided (Right 6)
Before consent can be informed, the consumer must be given:
- Their diagnosis and the nature of their condition
- Proposed treatment options — including doing nothing
- Risks and benefits of each option
- Expected outcomes and prognosis
- Who will provide the treatment and their qualifications
- Cost (if relevant)
The information must be in a form the consumer can understand — using clear language, with an interpreter if needed.
Time to decide (Right 7(2))
Consumers must be given reasonable time to consider their options. Rushing consent — particularly for elective procedures — is a breach of the Code. If the consumer wants to think about it, they have that right.
Right to refuse (Right 7(7))
Every competent consumer can refuse any treatment
A competent consumer has an absolute right to refuse any treatment — even if refusal will result in serious harm or death. Health providers must respect this. Documenting the refusal and the information provided is essential.
When the consumer lacks competence
Decision made by welfare guardian or EPA holder
When a consumer lacks the competence to consent, decisions are made by:
- Their welfare guardian (appointed by the Family Court under the PPPR Act), or
- Their attorney under an Enduring Power of Attorney for personal care and welfare (only when activated — i.e. when the person lacks capacity)
If neither exists, the provider must act in the consumer's best interests, involving family or whānau where appropriate.
Emergency exception (Right 7(10))
Treatment without consent — only in genuine emergency
In an emergency, a provider may proceed without consent only if the consumer is unable to give consent AND the treatment is necessary to prevent serious harm. This exception is narrow — it does not cover inconvenient situations or administrative shortcuts. Document the emergency basis immediately.
Written vs verbal consent
The Code does not require written consent for all procedures — but written consent (or detailed contemporaneous notes) is essential for:
- Surgical procedures
- Any procedure with significant risk
- Research participation
- Any situation where competence may later be questioned
Source: HDC Code of Rights, Rights 6–7; Protection of Personal and Property Rights Act 1988. HDC:
hdc.org.nz. General information only.
Frequently asked questions
Can a family member consent on behalf of an adult?
Only if they are a court-appointed welfare guardian or hold an activated EPA for personal care and welfare. Family members have no automatic right to consent on behalf of another adult, even a spouse. They may be involved in the discussion but cannot override the consumer's right to consent or refuse.
What if a patient consents then changes their mind?
Consent can be withdrawn at any time before or during a procedure. The provider must stop unless halting partway would cause more harm than completing. Document the withdrawal and the clinical decision.
Do young people under 16 have consent rights?
Yes. The Code applies to all ages. Young people under 16 who are deemed competent can consent to their own treatment. Competence is assessed on a case-by-case basis. Parental consent is sought for non-competent minors.
Is signing a general consent form on admission sufficient?
No. General admission consent forms do not satisfy the requirement for informed consent for specific procedures. Informed consent must be obtained specifically for each significant procedure, with information about that specific treatment.