title: Review of New Zealand's Health and Disability Commissioner Act and Code of Rights.
abstract: This column discusses some key issues considered in the third review of New Zealand's Code of Patients' Rights and its complaints regime, a system which is generally working well. The review considered whether a broad access right should included in the Code, and supported a narrower right in the disability area. In a notable omission the Code has never included a right to the confidentiality of health information. The review would remedy this gap. An intriguing submission sought the inclusion in the Code of a right to be treated with compassion. Legislative amendment of a narrow definition of "aggrieved person", which has the effect of restricting access to the tribunal with a damages jurisdiction, was recommended. A recommendation to allow research on incompetent patients to proceed if "not known to be contrary to the best interests" of the consumer warrants consideration of further options before implementation.
authors.affiliation: Faculty of Law, University of Auckland, Private Bag 92019, Auckland 1142, New Zealand. j.manning@auckland.ac.nz
authors.forename: Joanna
authors.initials: J
authors.lastname: Manning
mesh_terms: D003219:Confidentiality / Q000331:legislation & jurisprudence; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D006297:Health Services Accessibility / Q000331:legislation & jurisprudence; D006801:Humans; D009520:New Zealand; D028701:Patient Rights / Q000331:legislation & jurisprudence*; D036302:Therapeutic Human Experimentation / Q000941:ethics / Q000331:legislation & jurisprudence