NZConsent, privacy and disclosure

Informed Consent and Communication

Applying the Code of Rights, capacity law and your council's standards to everyday decisions in Aotearoa

  • 3CPD hours
  • 20final questions
  • 80%pass mark
  • PDFcertificate

What you will learn

  • Explain the legal basis of consent in New Zealand, including the HDC Act 1994, the Code of Rights and clause 3.
  • Apply Rights 5 and 6 to communicate effectively, use competent interpreters and give the information a reasonable consumer in that consumer's circumstances needs.
  • Use the HQSC three steps and teach-back to check understanding.
  • Identify when Right 7(6) requires written consent and when legal exceptions to consent apply.
  • Respond lawfully to refusal, withdrawal, provider preferences and decisions about body parts (Rights 7(7)–7(10)).
  • Assess decision-specific competence and support people with diminished competence (Rights 7(2) and 7(3)).
  • Distinguish activated EPOAs and welfare guardian orders under the PPPR Act, state their limits, and apply Right 7(4).
  • Apply the Care of Children Act 2004 to consent by young people, including the rules for those aged 16 and over and for ending a pregnancy.
  • Practise culturally safe, whānau-inclusive consent and manage teaching, intimate examinations and chaperones in line with HDC opinions and council standards.
  • Document consent effectively and respond to a consent complaint with insight and targeted remediation.

About this course

This course is a practical guide to informed consent and communication for registered health practitioners in Aotearoa New Zealand. It works through Rights 5, 6, 7, 8 and 9 of the Code of Health and Disability Services Consumers' Rights clause by clause, then applies them to the situations that cause the most difficulty: interpreters and health literacy, refusal and withdrawal, emergencies, competence and capacity, enduring powers of attorney and welfare guardians under the Protection of Personal and Property Rights Act 1988, children and young people, whānau involvement and cultural safety, teaching and research, intimate examinations and chaperones.

It is written for doctors, nurses, midwives, oral health practitioners, pharmacists, physiotherapists, psychologists, paramedics and other practitioners registered under the Health Practitioners Competence Assurance Act 2003. Case studies are set in New Zealand settings across these professions, and each section links the law to the specific consent standards of the Medical Council, Nursing Council, Midwifery Council, Dental Council, Pharmacy Council and other responsible authorities.

Consent and communication are among the most common themes in complaints to the Health and Disability Commissioner, and consent failures can lead to breach findings, competence reviews, Professional Conduct Committee investigations and, in serious cases, charges before the Health Practitioners Disciplinary Tribunal. The course is equally useful for routine recertification and for practitioners reflecting on a concern about their own practice.

Course facts

CPD value
Approximately 3 CPD hours (estimated learning time including knowledge checks, reflection and assessment)
Audience
Registered health practitioners in New Zealand under the HPCA Act 2003: doctors, nurses, midwives, oral health practitioners, pharmacists, physiotherapists, psychologists, paramedics and other allied practitioners
Standards covered
Code of Health and Disability Services Consumers' Rights (Rights 5, 6, 7, 8, 9 and clause 3); Health and Disability Commissioner Act 1994; Protection of Personal and Property Rights Act 1988; Care of Children Act 2004 (ss 36, 38); Mental Health (Compulsory Assessment and Treatment) Act 1992; MCNZ Informed consent (2021) and When another person is present (2022); Dental Council Informed consent practice standard (2018)
Format
Self-paced, gated lessons with knowledge checks, case studies and reflection
Assessment
20 scenario-based questions, 80% to pass (16 of 20)
Outcome
Certificate of completion and a written reflection for your CPD record
Alignment
Mapped to the consent and communication expectations of the Medical Council, Nursing Council, Midwifery Council, Dental Council, Pharmacy Council, Physiotherapy Board, Psychologists Board and Paramedic Council (independent; not endorsed by them)

Syllabus

11 sections, 3 CPD hours, 20-question final assessment

  1. 1The New Zealand framework for consent and communication3 lessons
    • Why consent sits at the centre of practice in Aotearoa
    • Rights 5, 6, 7 and 9 at a glance
    • What your responsible authority expects
  2. 2Effective communication and being fully informed (Rights 5 and 6)3 lessons
    • Right 5: communicating so the person can understand
    • Right 6: the information a reasonable consumer needs
    • Health literacy and checking understanding
  3. 3Making an informed choice (Right 7) in everyday practice3 lessons
    • Valid consent: elements, forms and who should obtain it
    • Refusal, withdrawal, preferences and body parts
    • When consent is not required: emergencies and legal exceptions
  4. 4Competence, capacity and substitute decision-makers3 lessons
    • Presuming and assessing competence
    • The PPPR Act: welfare guardians and enduring powers of attorney
    • Right 7(4): acting when no one can consent
  5. 5Children and young people2 lessons
    • The law on consent for children and young people
    • Working with young people, parents and whānau
  6. 6Culture, whānau and support in consent2 lessons
    • Te Tiriti o Waitangi, cultural safety and whānau-centred consent
    • Support persons, interpreters and accessible communication
  7. 7Teaching, research, intimate examinations and chaperones2 lessons
    • Right 9: students, trainees and research
    • Intimate examinations and chaperones
  8. 8Recording consent, responding to concerns and remediation3 lessons
    • Documenting consent and communication
    • When consent is questioned: HDC, responsible authority and Tribunal
    • Insight, reflection and remediation after a consent concern
  9. 9Conclusion and key points1 lesson
    • Conclusion and key points
  10. 10References and further reading1 lesson
    • References and further reading
  11. 11Reflection1 lesson
    • Your reflective account

Who this course is for

Registered health practitioners in New Zealand under the HPCA Act 2003: doctors, nurses, midwives, oral health practitioners, pharmacists, physiotherapists, psychologists, paramedics and other allied practitioners.

Your certificate

Continuing professional development record for your portfolio.

  • Your name, the course title and the CPD hours
  • Completion date and a unique certificate ID that can be verified
  • Downloads as a PDF; save it to your portfolio

Questions about this course

When does the Code of Rights require written consent?

Right 7(6) requires written consent when the consumer is to take part in research, the procedure is experimental, the consumer will be under general anaesthetic, or there is a significant risk of adverse effects. The course covers these four situations, the legal exceptions to consent, and how to document both verbal and written consent well.

Can an EPOA or welfare guardian always consent for my patient?

No. The course explains the difference between an activated enduring power of attorney and a welfare guardian order made under the Protection of Personal and Property Rights Act 1988, where their authority stops, what they can decide, and how Right 7(4) applies when no one is entitled to consent: you act in the person's best interests after taking reasonable steps to find out their views.

Does the informed consent course cover consent by young people?

Yes. A section applies the Care of Children Act 2004 to consent by children and young people, including the rules that apply to those aged 16 and over, and how to involve parents and whānau while respecting a competent young person's own decision and privacy.

How does the course help with interpreters and health literacy?

Under Right 5, a consumer who needs an interpreter is entitled to a competent one wherever that is necessary and reasonably practicable. The course shows how to arrange one, how to give the information a reasonable consumer would expect under Right 6, and how the Health Quality & Safety Commission's three steps plus teach-back confirm understanding before a decision is made.

What is included in the informed consent course price?

Three CPD hours of self-paced study cost NZ$139. Consent case studies and quick checks come first, then a 20-question exam where 16 correct answers (80%) is a pass, followed by your certificate and a guided reflective write-up. The course is independent and not accredited by HDC or any responsible authority.

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