Act and Code Review consultation
Topic 1: Supporting better and equitable complaint resolution
Issues
In our discussions so far, we’ve heard that:
- There are barriers to using complaint processes;
- The Act’s principles of ‘fair, simple, speedy, and efficient’ for resolving complaints aren’t being met as well as they could be;
- Complaint processes could be more focused on people; and
- Obligations in the Code for culturally responsive practice could be clearer.
We think we can make the Act and the Code better by:
- Helping all New Zealanders to speak up for themselves and raise concerns directly with providers, including with the help of advocates;
- Helping HDC to improve the way it does things to meet the needs of all people and concentrate on complaints that need our attention most;
- Making sure te Tiriti o Waitangi | the Treaty of Waitangi is put into action in practical ways, including considering whether tikanga should be incorporated into the Code and what protections for Māori should be built into the Act; and
- Upholding human rights under the United Nations Convention on the Rights of Persons with Disabilities including setting expectations for the accessibility of services and complaints processes and supporting people to make decisions about their care.
What we’re doing already
Recently we’ve introduced:
- Hui ā-whānau and hohou te rongo to help resolve complaints;
- Clinical navigators to guide people in the complaints process;
- Surveys to see how people making complaints and service providers feel about our process; and
- Improvements to how we look at complaints right from the start.
Suggestions
We seek feedback on the following suggestions for changes to the Act and the Code to support better and equitable complaint resolution for all New Zealanders.
Amend purpose statement
An option for improving the Act is to broaden its purpose statement for complaint resolution from ‘fair, simple, speedy, and efficient’ to also focus on people-centred practice. This could involve adding the concept of upholding mana into the purpose statement. Mana is a concept from te ao Māori that describes a spiritual force or power that resides in all people(s), in objects, or the environment, and includes respect and autonomy.
Clarify cultural responsiveness
We propose rewording Right 1 (Respect) of the Code to be more inclusive and set expectations of cultural responsiveness that align with sector standards. This includes acknowledging the right of Māori to bring te ao Māori (Māori worldviews) to health and disability services. Cultural responsiveness also recognises the needs, values, and beliefs of groups, such as tāngata whaikaha | disabled people, people from LGBTQIA+ communities, as well as people from diverse ethnic groups.
Clarify the role of whānau
We propose the following changes to the Code, to clarify the role of whānau in the consumer–provider relationship and to help providers provide for whānau participation appropriately.
- Changing the wording in Right 3 (Dignity and Independence) from ‘independence’ to ‘autonomy’ to recognise the interdependence people often have with whānau and support networks.
- Strengthening Right 8 (Support) to include the right to have whānau involved, even where they cannot be present physically.
- Clarifying Right 10 (Right to Complain) to explicitly allow for complaints to be made by support people on behalf of the consumer.
Ensure gender-inclusive language
We propose changes to the Code to update the language to be gender inclusive by replacing ‘him or her’ with inclusive language.
Protect against retaliation
We propose changes to Right 10 to include a non-retaliation clause to help people to feel safe to complain.
Clarify provider complaints processes
We propose changes to Right 10 to set more explicit expectations for provider complaint processes, including promoting the right to complain.
Strengthen the Advocacy Service
We want to hear from you about the opportunities you see to strengthen the role of the Advocacy Service to better meet the needs of people and communities and enhance collaboration with HDC.
Improve the language of complaint pathways in the Act
We want your thoughts on changing the language of the complaint resolution pathways:
- Changing ‘no further action’ to, for example, ‘no investigative action’ to be empowering and reflective of the work undertaken to assess and resolve the complaint;
- Changing ‘mediation conference’ to, for example, ‘facilitated resolution’ to encourage broader forms of resolution such as restorative practice and processes led by tikanga.