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Health Occupational Registration Acts Amendment Bill

1. Introduction

1.1 This bill systematically amends 11 health occupational registration statutes in a variety of ways. As the title of the bill suggests, each of the 11 statutes contains a register of persons permitted to work in a particular health related profession or occupation. My interest revolves around these registers rather than the changes being made by the bill.

1.2 I have examined the 11 statutes and each contains a provision or provisions establishing a register and p...

Case Note 15972 [1998] NZPrivCmr 1 - Union complains about Transport Accident Investigation Commission disclosure of cockpit voice recording

In investigating an aeroplane crash, the Transport Accident Investigation Commission (TAIC) obtained the cockpit voice recorder (CVR) and made a transcript. The accident report contained excerpts from the transcript and, annexed to it, was an edited transcript. The transcript did not include anything said by the pilots which did not relate to piloting the aeroplane.

The union representing the pilots complained to me about the disclosure of the transcript. The union said the pilots had a...

Case Note 11536 [1997] NZPrivCmr 13 - MP complains Police unfairly collected information from school for father's deportation proceedings

The police were asked to assist in the deportation of an illegal immigrant. A police officer telephoned the school attended by this man's children and asked the school for the children's residential address. The officer said the police had some stolen property which had to be returned to the children. A short time later, the man was arrested and deported.

A member of Parliament complained to me that the police had collected information by unfair means.

The police said they asked f...

Case Note 14824 [1997] NZPrivCmr 14 - Man complains of unfair video recording during insurance investigation

A man claimed on an insurance policy covering him for disability. The policy provided that the insurance company would pay his mortgage if the disability lasted for a certain time. This time had elapsed. The company had some doubts about the claim and engaged private investigators to look into the matter.

The private investigators twice visited the claimant's house. On the first visit, the investigator noticed a 'for sale' sign outside the house and, purporting to be a potential buyer,...

Case Note 18148 [1997] NZPrivCmr 15 - Prisoner complains his identity was disclosed in TV documentary

A prison inmate made a complaint against the Department of Corrections and a television company. The Department allowed a television broadcaster to film a documentary inside a prison. It had told the inmates that they would not be identifiable in the final version of the film. The inmate alleged that he was identifiable when the documentary went to air.

The broadcaster had agreed that inmates would not be identifiable and that any identifying features would be removed or 'pixelated' bef...

Case Note 3734 [1997] NZPrivCmr 9 - Claimant protests insurance company took unauthorised photos

An insurance company asked a firm of licensed private investigators to investigate an insurance claim. The private investigator followed the claimant and took photographs of her. These were subsequently given to the insurance company. She made a complaint against the insurance company to my office.

I first had to consider whether the private investigator had acted as an agent for the insurance company in taking the photographs of the claimant. Section 126(2) of the Privacy Act provides:...

Case Note 6314 [1997] NZPrivCmr 10 - Beneficiary complains ACC used private investigator to collect information about him

A claimant receiving weekly compensation and other allowances from the Accident Rehabilitation and Compensation Insurance Corporation (ACC) lived with his wife on a farm and they offered a bed and breakfast accommodation. The ACC suspected that the claimant was working on his farm and that the home helpers it had provided were being used to assist with the bed and breakfast accommodation rather than providing the intended forms of assistance to the claimant.

The ACC asked a private inve...

Case Note 7602 [1997] NZPrivCmr 11 - Client complains ACC refused to supply photocopy of entire 20-year claim file

A client of the Accident Rehabilitation and Compensation Insurance Corporation (ACC) requested access to all of the information it held about him. The information was contained in a number of claim files dating back over 20 years. The client asked for a full photocopy, but the ACC declined to provide this because of the amount of information involved. The client was invited to view all the files and the ACC offered to photocopy any parts the complainant wanted to take away.

The right of...