District inspectors are lawyers appointed by the Minister of Health to protect the rights of people receiving treatment under the Mental Health (Compulsory Assessment and Treatment) Act 1992 (the Mental Health Act), or the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (IDCCR Act).
They are independent from the Ministry of Health and from health and disability services.
You can contact a district inspector in your area by choosing an inspector from the Mental health district inspectors list.
Roles and responsibilities
The main responsibilities of district inspectors are to ensure that the provisions of these Acts are upheld, including people’s specific rights set out in each Act. District inspectors have 3 main roles:
- Ensuring that every individual who is subject to a compulsory order under either the Mental Health Act or the IDCCR Act is cared for in accordance with the statutory requirements.
- Monitoring quality and safety of mental health and disability services providing treatment to people who are or subject to these Acts (including those under assessment).
- Investigating complaints and conducting inquiries.
A district inspector must meet with the patient or care recipient early in the compulsory assessment process to advise them of their situation and their right to a review in the District Court. District inspectors can also facilitate legal representation for such a review.
If you have questions about the treatment you are receiving, your local district inspector will be able to advise you about your rights as a patient and discuss how you can apply for a review of your condition.
You can also complain to a district inspector if you think your rights under each Act have been denied or breached. If you are not satisfied with the outcome of the complaint investigated by the district inspector, you can ask the Mental Health Review Tribunal to review the district inspectors’ investigation.
District inspectors can only look into breaches of specific rights. You also have other health and disability consumer rights. The Health and Disability Commissioner offers a free assistance service to help you raise your concerns about any health service you receive in New Zealand. The service can help with a complaint to the Health and Disability Commissioner as well.
Making a complaint
Any complaints made about a district inspector will be referred to the Director of Mental Health for investigation. If you need to make a complaint about a district inspector, the following diagram outlines the process:
Process for complaints about district inspectors
Text description
Step 1: A complaint is received about a district inspector from the public or the Minister of Health.
Step 2: A letter of acknowledgment is sent to the complainant and/or to the Minister outlining the complaints process.
Step 3: The relevant Director* will assess the complaint and may seek further information from the complainant. [Two options follow]
Step 4, option 1: If the complaint cannot be addressed by the Director, the complainant will be notified and may be directed to another agency, such as the Health and Disability Commissioner. [End flowchart]
Step 4, option 2: The Director will contact the district inspector involved and request their response to the complaint. [Flowchart continues]
Step 5: The Director will assess the evidence. They will evaluate whether resolution is possible and if so, issue their decision. If resolution is not possible, the Director will request an investigation.
Step 6: The Director will order an investigation if the complaint raises procedural concerns about the district inspector's investigation or involves any of the following concerns about the district inspector:
- failure to perform
- negligence of duty
- misconduct
- inability to perform.
The investigation will be carried out by an appropriately qualified lawyer and health professional chosen by the Director. [Two options follow]
Step 7, option 1: If the complaint cannot be addressed by the Director, the complainant will be notified, and may be directed to another agency. [End flowchart]
Step 7, option 2: Following the investigation, the Director will consider the most appropriate response and, depending on the circumstances, the Director may decide to:
- attempt to remedy the situation (eg, counselling the district inspector)
- dismiss the complaint
- ask the Minister of Health or Director-General of Health to suspend or remove the district inspector pursuant to the specific Act. [Flowchart continues]
Step 8: The complainant will be advised of the outcome of their complaint. [Flowchart ends]
*This could be the Director of Mental Health, Director of Addiction Services, or Director of Mental Health and Addiction depending under which Act the complaint is made.
