Informed Consent in NZ Healthcare (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Right 7 of the Code is one of the most important: you have the right to make an informed choice and give informed consent before any treatment, test or procedure. Consent must be given freely, by someone competent to decide, and based on adequate information (which Right 6 guarantees — diagnosis, options, risks, benefits, and costs).
You can refuse or withdraw consent at any time, and you can ask for a second opinion. Treatment generally cannot proceed without your consent except in narrow situations (such as a genuine emergency where you can't consent). Consent doesn't have to be in writing for everything, but for significant procedures providers should record it. Where someone lacks capacity, decisions follow specific legal rules rather than being made unilaterally by the provider.
When does it apply?
- You're being offered treatment, a test, or a procedure.
- You want to refuse, pause, or get a second opinion.
- You feel you weren't properly told the risks or options.
What to do about informed consent
- Ask for the diagnosis, options, risks and benefits before agreeing.
- Say clearly if you consent, refuse, or want time — you can change your mind.
- Request a second opinion if you're unsure.
- Complain to the HDC if treatment happened without your informed consent.
What should you NOT do?
- Don't sign a consent form you don't understand — ask until you do.
- Don't feel you can't say no — you can refuse or withdraw at any time.
About Healthcare Rights in New Zealand
Everyone using a health or disability service in New Zealand is protected by the Code of Health and Disability Services Consumers' Rights — 10 enforceable rights including informed consent, dignity, effective communication, and the right to complain. The Code is overseen by the Health and Disability Commissioner (HDC).
New Zealand is also unusual: the Accident Compensation Act 2001 creates a no-fault injury scheme run by ACC that covers treatment and rehabilitation for accidental injury — and in return, section 317 bars most personal-injury lawsuits. So instead of suing, you claim from ACC. This shapes nearly every injury situation in NZ.
HDC: 0800 11 22 33. ACC: 0800 101 996. Healthline: 0800 611 116.
Common Questions
What is the informed consent right in New Zealand?
Right 7 of the Code is one of the most important: you have the right to make an informed choice and give informed consent before any treatment, test or procedure. Consent must be given freely, by someone competent to decide, and based on adequate information (which Right 6 guarantees — diagnosis, options, risks, benefits, and costs).You can refuse or withdraw consent at any time, and you can ask for a second opinion. Treatment generally cannot proceed without your consent except in narrow situations (such as a genuine emergency where you can't consent). Consent doesn't have to be in writing fo...
When does it apply — informed consent?
You're being offered treatment, a test, or a procedure.You want to refuse, pause, or get a second opinion.You feel you weren't properly told the risks or options.
Can I refuse medical treatment in New Zealand?
Ask for the diagnosis, options, risks and benefits before agreeing.Say clearly if you consent, refuse, or want time — you can change your mind.Request a second opinion if you're unsure.Complain to the HDC if treatment happened without your informed consent.
What should you NOT do — informed consent?
Don't sign a consent form you don't understand — ask until you do.Don't feel you can't say no — you can refuse or withdraw at any time.