NZ Government Content

Health and disability rights

Everyone using a health or disability service is protected by a code of rights.

An independent Commissioner - called the Health and Disability Commissioner (HDC) - is responsible for promoting and protecting these rights. The code covers a very broad range of services such as hospitals, rest homes, ambulance services, doctors and health therapists.

Making and resolving complaints

You have the right to make a complaint if you are unhappy with a health or disability service you have received.

Making a complaint to the service directly

If possible, it is usually best to make a complaint to the service directly, at least in the first instance. Make your complaint to the person or people you are complaining about, their manager or the person in the organisation responsible for receiving complaints (this might be the manager or nurse manager, CEO, quality manager or, in a hospital or other large organisation, the complaints officer). Usually, a large organisation will have a brochure or website telling you who this person is, or call and ask them if they have a complaints person.

Making a complaint to a health and disability advocate

If you aren't satisfied with how your complaint was handled by the provider, or don't feel comfortable making a complaint directly to them, talk to your nearest health and disability advocate. The Health and Disability Commissioner's Nationwide Advocacy Service will listen to your concerns and explain the options available to you to resolve your complaint. The advocate works for you and will support and help you in the actions you choose to take to resolve your concerns.
Advocacy is a very successful way of resolving complaints. The service is free, confidential and independent of service providers such as hospitals, organisations that fund services, government agencies and the Health and Disability Commissioner.

Making a complaint to the Health and Disability Commissioner's office

You can also make a complaint directly to the Health and Disability Commissioner if you are unhappy with the quality of a health or disability service you have received. The Commissioner will decide the most appropriate way to resolve it. In a small number of cases, the Commissioner may start a formal investigation.

Who to contact

  • In the first instance, make your complaint directly to the service you are complaining about. The advocacy section of Health and Disability Commissioner's website www.hdc.org.nz has some tips as well as a sample letter and complaint form you can use.
  • Alternatively, contact the Health and Disability Commissioner's Nationwide Advocacy Service.

If you get stuck

  • You can make a complaint to the agency who funds the service, like ACC or the Ministry of Health.
  • If you are not happy with the service from your independent advocate, you can make a complaint to the Health and Disability Commissioner.

Human Rights Commission

The Human Rights Commission works to protect and promote human rights in New Zealand. Of particular interest to carers is its advocacy work for people with disabilities and mental illness. The Human Rights Commission offers a free, confidential service for members of the public with human rights enquiries and complaints of unlawful discrimination. Read more at www.hrc.co.nz or call the Commission on 0800 496 877.