Page 109 - Registrar Orientation Manual 2016

Document reference:
1969
Effective date:
30 Mar 2010
Expiry date:
01 Jun 2013
Page:
17 of 24
Title:
Informed consent
Type:
Policy
Version:
03
Authorising initials:
Appendix B
1. Definitions Guardian
Legal Representative
Patient
Provider
 The mother and father of a person under the age of 18 are jointly guardians, unless the mother is the sole guardian or there is a court order appointing a different or additional guardian.
 The mother is the sole guardian if she was neither:
i. married to, in a civil union, or living with the father at any time during the
mother’s pregnancy.
(See section 17 of the Care of Children Act 2004)
For a person under 18 years:
 the person’s legal guardian (usually a parent)
For a person 18 years and over:
 the person’s welfare guardian or
 the person’s attorney appointed under an Enduring Power of Attorney.
In this policy the word ‘patient’ is used generically to refer to consumer, client, tangata whaiora, resident.
The individual health professional providing any health or disability service.
2. LegislativeRequirements
Waikato DHB must comply with the following legislation (this list is not exclusive):
 Alcoholism and Drug Addiction Act 1966
 Care of Children Act 2004
 Children, Young Persons and their Families Act 1989
 Contraception, Sterilisation and Abortion Act 1994
 Coroner’s Act 2006
 Crimes Act 1961
 Criminal Investigations (Bodily Samples) Act 1995
 Health Act 1956
 Health and Disability Commissioner Act 1994
 Health and Disability Commissioner Code of Consumers’ Rights 1996
 Health and Disability Services (Safety) Act 2001
 Health Information Privacy Code 1994
 Health (Immunization) Regulations 1995
 Human Rights Act 1993
 Human Tissue Act 2008
 Injury Prevention, Rehabilitation, and Compensation Act 2001
 Land Transport Act 1998
 Mental Health (Compulsory Assessment and Treatment) Act 1992 and
Amendments 1996
 New Zealand Bill of Rights 1990
 New Zealand Public Health and Disability Act 2000
 Privacy Act 1993