Know Your Rights in Health & Disability Care – And How to Speak Up

When you see a doctor, nurse, dentist, counsellor, midwife, pharmacist, or use any health or disability service in New Zealand, you have rights. These rights apply whether you’re at a public hospital, private clinic, rest home, or community service.

They’re about more than just medical treatment. They protect your dignity, your voice, and your ability to make decisions about your own care.

These rights are listed in the Code of Health and Disability Services Consumers’ Rights.

They are;

Right 1: Respect means you should always be treated politely, kindly, and with your privacy respected.

Right 2: Fair treatment guarantees you won’t face discrimination or harassment because of your age, background, gender, beliefs, disability, or sexual orientation.

Right 3: Dignity and independence protect your ability to make your own choices and maintain control over your life wherever possible.

Right 4: Appropriate standards ensure your care is safe, competent, ethical, and provided by qualified people who follow the law.

Right 5: Effective communication requires information to be given in a way you can understand, with interpreters available when needed.

Right 6: Information means you should be told everything you need to know about your health, your options, possible risks, benefits, and costs so you can make an informed decision.

Right 7: Choice and consent protect your right to decide whether or not to accept treatment – and to change your mind at any time.

Right 8: Support allows you to have a support person with you, when it’s safe and respects others’ rights.

Right 9: Teaching and research guarantee the same protections if you are involved in training or research situations.

Right 10: Complaints taken seriously means you can raise concerns in a way that works for you and expect them to be handled fairly and promptly.

What to Do If Something Goes Wrong

  1. Speak up early – Often issues can be sorted quickly by raising them directly with the provider.
  2. Get support – The Nationwide Health & Disability Advocacy Service is free and can help you raise your concerns.
  3. Make a complaint – If it’s not resolved, you can complain to the Health & Disability Commissioner (HDC). The HDC looks at your complaint, may work with both sides to resolve it, or in serious cases, carry out a formal investigation.
  4. Other options – Depending on the issue, you might also go to ACC (for treatment injuries), the Medical Council, Privacy Commissioner, Ombudsman, or even the courts.

Some of these options have time limits, so don’t leave it too long to get advice.

How We Can Help

Making or responding to a complaint can feel overwhelming – especially if you’re unwell, stressed, or facing serious allegations.

For patients and families – we can explain your options, prepare a strong and clear complaint, and support you through the process.

For health providers – we can help you understand your obligations, respond effectively to HDC complaints or investigations, and protect your professional interests.

As both a practising GP and a lawyer, Doctor Deborah Waxman understands health care from both sides. You don’t need to go through this alone – get the advice and support that makes the difference.

If you’ve got a concern, or you’re facing a complaint, reach out to Deborah.

This article is intended as a general overview and discussion of the subject dealt with and does not create a lawyer-client relationship. It is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. We will accept no responsibility for any actions taken or not taken on the basis of this article.

Copyright Blackwood Montagna Ltd

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