Making an HDC Complaint in New Zealand — Your Rights Under the HDC Act 1994

If you or someone you care for has received poor treatment from a health or disability service provider in New Zealand, you have the right to complain to the Health and Disability Commissioner (HDC). This guide explains the process under the Health and Disability Commissioner Act 1994 (the HDC Act), who can complain, how to do it, what happens during an investigation, and what remedies are possible. This information is current as of May 2026.

Who Can Make a Complaint?

Under section 31(1) of the HDC Act, any person may make a complaint to the Commissioner. This includes:

• The person who received the service (the consumer).
• A family member, friend, or advocate acting on behalf of the consumer (with their consent, unless they are unable to give it).
• A representative of a deceased person (e.g., executor or next of kin).

If the consumer is a child or lacks capacity, a parent, guardian, or welfare guardian can complain on their behalf. The HDC will assess whether the complainant has sufficient interest in the matter.

What Can You Complain About?

You can complain about any health or disability service provider, including:

• Doctors, nurses, dentists, midwives, and other clinicians.
• Hospitals (public and private), rest homes, and residential disability care facilities.
• Pharmacists, physiotherapists, psychologists, and other allied health professionals.
• Home support workers and disability support workers.

The complaint must relate to a breach of the Code of Health and Disability Services Consumers' Rights (the Code), which is set out in regulations under the HDC Act. Common issues include:

• Failure to provide services with reasonable care and skill (Right 4).
• Lack of informed consent (Right 7).
• Poor communication or failure to respect privacy (Rights 1, 2, 3).
• Discrimination or coercion (Rights 2, 3).

Timeframes for Making a Complaint

Under section 31(2) of the HDC Act, you must make your complaint within two years of the date when the incident occurred, or when you became aware (or ought reasonably to have become aware) of the incident. However, the Commissioner has discretion to accept late complaints if there are good reasons (e.g., the complainant was unwell, or the issue is of public importance).

How to Make a Complaint — Step by Step

Step 1: Try to resolve it directly (optional but encouraged)

Before making a formal complaint, consider raising the issue with the provider directly. Many providers have internal complaints processes. This can be quicker and less stressful. However, you are not required to do this before contacting the HDC.

Step 2: Contact the HDC

You can make a complaint by:

• Online form: Visit the HDC website (www.hdc.org.nz) and complete the complaint form.
• Phone: Call 0800 11 22 33 (free) to speak with an advisor.
• Email or post: Send details to the HDC office (address on their website).

You will need to provide:

• Your name and contact details (and the consumer's details if different).
• The name and address of the provider you are complaining about.
• A clear description of what happened, including dates and times.
• Any supporting documents (e.g., medical records, letters, photos).

Step 3: Initial assessment

The HDC will review your complaint to decide if it falls within their jurisdiction. They may:

• Accept the complaint and begin an investigation.
• Refer the complaint to another agency (e.g., the Health Practitioners Disciplinary Tribunal, the Police, or the provider's own complaints process).
• Decline the complaint if it is frivolous, out of time, or not covered by the Code.

The Investigation Process

Once the HDC accepts your complaint, the process generally follows these steps under Part 4 of the HDC Act:

1. Notification: The provider is notified of the complaint and asked to respond in writing, usually within 20 working days.
2. Information gathering: The HDC may request medical records, interview witnesses, or obtain expert opinions.
3. Assessment: The Commissioner (or a deputy) reviews all information and decides whether there has been a breach of the Code.
4. Outcome: The HDC will issue a decision. Possible outcomes include:
   • No breach found — the complaint is closed.
   • Breach found — the HDC may take further action (see below).
   • Referral to the Director of Proceedings for possible disciplinary or civil proceedings.

The investigation typically takes 3 to 12 months, depending on complexity. You will be kept informed of progress.

Remedies and Outcomes

If the HDC finds a breach of the Code, they can recommend or order a range of remedies under section 45 of the HDC Act, including:

• Apology: A written or verbal apology from the provider.
• Changes to practice: The provider must improve their policies, training, or procedures.
• Compensation: The HDC can recommend financial compensation for harm suffered (e.g., for pain, suffering, or loss of earnings). However, the HDC does not have the power to order compensation — this must be agreed by the provider or pursued through the Human Rights Review Tribunal.
• Referral for discipline: The case may be sent to the Health Practitioners Disciplinary Tribunal or the Director of Proceedings for possible legal action.

If you are unhappy with the HDC's decision, you can request a review or, in some cases, appeal to the High Court.

Practical Tips for NZ Staff

• Always document complaints thoroughly — date, time, what was said, and actions taken.
• Encourage consumers to raise concerns early. Early resolution often prevents escalation.
• If you receive a complaint about your own practice, do not ignore it. Respond promptly and seek advice from your professional body or insurer.
• Remember that the HDC can investigate even if the complaint is anonymous, but anonymous complaints are harder to pursue.

For more resources and to manage your compliance obligations, visit the ShiftScript portal.

Frequently Asked Questions