SBC - Crown Entities - Health and Disability Commissioner

Appointments to Health Statutory Bodies
Information on a Particular Statutory Body

Health and Disability Commissioner

The Health and Disability Commissioner was established by the Health and Disability Commissioner Act 1994 (the HDC Act). The Commissioner's Office operates as an independent crown entity (an ICE) and is subject to the Crown Entities Act 2004.

The Health and Disability Commissioner is appointed by the Minister of Health on the recommendation of the Governor-General.

The Health and Disability Commissioner's objectives, as outlined in section 14(1) of the HDC Act, are as follows:

to promote, by education and publicity, respect for and observance of the rights of consumers, particularly by health care and disability support providers, and of the means by which the rights can be enforced
make public statements and publish reports of the matters affecting the rights of health and disability support consumers
investigate, on complaint or on the Commissioner’s own initiative, any action that is, or appears to be, in breach of the Code of Consumers’ Rights
make recommendations to any appropriate person or authority on the ways in which alleged breaches of the Code might be resolved and/or avoided
report to the Minister of Health on the need for any administrative or legislative changes or other actions necessary to provide better protection to the rights of consumers
develop and maintain effective links with groups, organisations, commissions and individuals concerned with health and disability support services, and consumers’ rights.

In recommending a person to the Governor-General for appointment as Commissioner, the Minister of Health must be of the opinion that that person is qualified for appointment, having regard to the following matters (as outlined in section 10 of the HDC Act):

(a) the functions and powers of the Commissioner
(b) the person’s personal attributes
(c) the person’s knowledge of, or experience in –

(i) the New Zealand health care system

(ii) the New Zealand disability services system

(iii) the resolution of disputes, including mediation and arbitration

(d) the person’s understanding of the various needs of health consumers
(e) the person’s understanding of the various needs of disability services consumers
(f) the person’s knowledge and recognition of the aims and aspirations of Māori
(g) the person’s recognition of the social, cultural, and religious values of different cultural and ethnic groups in New Zealand.

The Health and Disability Commissioner Amendment Act 2003 (the HDC Amendment Act) allowed for one or more Deputy Commissioners to be appointed. In 2000, a Deputy Commissioner, Education and Corporate Services was appointed. In 2005 a Deputy Commissioner, Complaints Resolution will be appointed.

The Health and Disability Commissioner's remuneration, including the remuneration of any Deputy Commissioners that may be appointed, is set by the Remuneration Authority.

For further information on the Health and Disability Commissioner, visit the website at http://www.hdc.org.nz.