About the Health and Disability Services (Safety) Act

The Ministry of Health administers the Health and Disability Services (Safety) Act 2001 (‘the Act’).

Purpose of the Act

The purpose of the Health and Disability Services (Safety) Act 2001 is to:

1. promote the safe provision of health and disability services to the public
2. enable the establishment of consistent and reasonable standards for providing health and disability services to the public safely
3. encourage providers of health and disability services to take responsibility for providing those services to the public safely
4. encourage providers of health and disability services to continuously improve the quality of those services.

The Health and Disability Services (Safety) Act repealed the following Acts and Legislation:

• The Hospitals Act 1957
• The Hospitals Regulations 1993
• The Old People's Homes Regulations 1987
• The Obstetric Regulations 1986
• Sections of the Disabled Persons Community Welfare Act 1975

Meeting service standards

Under section 9 of the Act, a person providing health care services of any kind must do so:

1. while certified by the Director-General of Health to provide health care services of that kind
2. while meeting all relevant service standards (find information about the Ngā Paerewa Health and Disability Services Standard)
3. in compliance with any conditions subject to which the person was certified by the Director-General to provide health care services of that kind
4. in compliance with this Act
5. if the services are rest home care or geriatric services that are hospital care, in compliance with any applicable regulations under section 53(1)(a).

How to get copies of the Act

The Health and Disability Services (Safety) Act 2001 and its amendments are available on the NZ Legislation website:

• Health and Disability Services (Safety) Act 2001 No 93
• Health and Disability Services (Safety) Amendment Act 2003 No 76
• Health and Disability Services (Safety) Amendment Act 2005 No 56