Breaches of New Zealand's Health and Disability Services Consumers' Rights: Human Rights Review Tribunal Decisions

J Law Med. 2020 Apr;27(3):679-692.

Abstract

This article illuminates New Zealand's legal response to breaches of rights within the health and disability services context. Alleged breaches of the Code of Health and Disability Services Consumers' Rights may be heard by the Human Rights Review Tribunal. The article describes this body's composition and powers, as well as patterns within the 44 relevant decisions published between 1 January 2002 and 30 June 2019. New Zealand's unique medico-legal system created a distinctive legal response to breaches of the rights of "consumers". The Tribunal decisions in this article relate to breaches of consumers' rights by both registered and unregistered providers. The research contributes to international scholarship regarding how justice is administered when consumers' rights are breached. Also, it contributes to international debates devoted to public protection and complaints resolution, through constructive critique.

Keywords: disability; health practitioner discipline; human rights; midwives; regulation of health practitioners.

MeSH terms

  • Disabled Persons*
  • Human Rights
  • Humans
  • New Zealand