Review of the HDC Act
and Code of Rights
11/01/2024
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Today’s session
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Principles for complaints resolution
Simple
Fair
Speedy
Efficient
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Principles for complaints resolution
Questions:
• Are the four principles for complaints resolution “fair, simple, speedy
and efficient” still fit for purpose? Why / Why not?
• Should a requirement to ‘enhance mana’ be included as a principle
for complaints resolution? Why / why not?
• Are there any other principles we should consider? Why?
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Improving the complaints
pathway
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Right of appeal
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Current options
Ask the HDC to review the decision. The decision to review a closed file is at the discretion of the HDC.
Lodge a complaint with the Ombudsman. The Ombudsman’s review will focus on procedural fairness
(whether the decision was reasonable and made in accordance with the law).
Seek judicial review in the High Court. Similar to an Ombudsman review, in a judicial review a judge will look
at whether the way the decision was made was in accordance with the law.
Additionally, where a matter has been investigated by the HDC and results in a breach decision, then:
the HDC can refer the matter to the Director of Proceedings for prosecution in the Health Practitioners
Disciplinary Tribunal (HPDT) and/or the Human Rights Review Tribunal (HRRT).
if the HDC does not refer the matter to the Director of Proceedings, where there has been a breach finding
the complainant can take the matter themselves to the HRRT.
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Potential additional options
Legislative options to challenge HDC decisions include:
Introducing a right to appeal HDC decisions to the Courts of general jurisdiction (District Court,
High Court, Court of Appeal, Supreme Court) and / or
Introducing a statutory requirement for internal review process; and / or
A lowering of threshold for access to the Human Rights Review Tribunal (HRRT) – currently a
complaint must be investigated and the provider found in breach for access to the HRRT by a
complainant.
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Questions
Do you think the current pathways to challenge an HDC decision are adequate? Why? / Why not?
Do you think the threshold for a complainant to access the Human Rights Review Tribunal should be
lowered? Why?
If yes, what threshold do you consider to be most appropriate (eg following the closure of a complaint,
following an investigation regardless of whether a breach has been found)?
How might a lower threshold affect the fair, simple, speedy and efficient resolution of complaints, including
any considerations of equitable access to justice?
What changes would you like to see to HDC’s internal review processes?
What other legislative and non-legislative options should we consider to make our processes more
transparent and bring an appropriate level of challenge to HDC decisions?
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Next steps
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Ngā mihi
[email address]
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[email address]
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Advocacy
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HDC’s complaint pathways
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