Implementing and Monitoring the International Code of Marketing of Breast-milk Substitutes in New Zealand

Complaints Procedure Flowchart for the Health Workers Code and/or the INC Code of Practice

Flowchart of the complaints process - a text description is provided below the image.

Flowchart of the complaints process - a text description is provided below the image.

Text description

This flowchart outlines the complaints process for the Codes of Practice for Health Workers and/or the Infant Nutrition Council’s Code of Practice for the Marketing of Infant Formula. The complaints process is administered by the Ministry of Health.

The complaints process consists of three parts and is how New Zealand implements and monitors the WHO's International Code of Marketing of Breast-milk Substitutes.

Part 1: the complainant and respondent correspond
A written complaint is lodged with the Ministry of Health. If there is a possible breach of either Code, the infant formula company, and/or health worker, and/or other affected party, where indicated, is asked to respond to the complaint by the Ministry of Health.

The respondent has 20 working days to respond to the written complaint.

If the complainant is dissatisfied with the response their complaint is referred to the Compliance Panel.

Part 2: the complaint is referred to the Compliance Panel
The Compliance Panel considers the complaint at their next scheduled meeting. Additional information may be sought before the Compliance Panel makes their decision. Once the Compliance Panel makes their decision, all affected parties are notified in writing, and any affected party has 20 working days to lodge a written appeal with the Ministry of Health.

Part 3: the appeal
If a written appeal is lodged with the Ministry of Health about a Compliance Panel decision, all affected parties are notified, and all documentation received by the Compliance Panel is sent to the Adjudicator. The Adjudicator decides whether grounds for appeal are met and makes their decision in writing, within 30 working days of receipt of the complaint documentation. All affected parties are notified of the Adjudicators decision and recommended action. The Adjudicators decision is final.

Page last updated: 3 August 2009