New Zealand Midwifery Law and Ethics

Statutory Law (Legislation)

The supreme law of New Zealand, passed by Parliament in written form.

Amendment of Legislation

Acts of Parliament can only be amended or repealed by Parliament.

Regulations

Specific instructions and details made to carry out an Act.

HPCA Act 2003 (Primary Purpose)

To protect the health and safety of the public.

HPCA Act 2003 (Midwifery)

Established a regulatory council for midwives separate from nursing and medicine.

Annual Practicing Certificate (APC)

A mandatory annual certificate required for midwives to practice legally.

Midwifery Council of New Zealand (Functions)

Registers midwives, issues APCs, and sets standards of competence.

Midwifery Scope of Practice

Defines what a midwife is legally allowed to do.

Midwifery Scope (Postpartum Limit)

Covers care up to six weeks postpartum.

Performance Indicators

Actions a midwife takes to demonstrate they meet standards of competence.

Four Cultural/Conceptual Terms in NZ Midwifery

Ahuru Mowai, Matauranga, Te Iho, Whenua.

New Zealand Bill of Rights Act 1990 (BORA)

Protects the individual, democratic, and civil rights of New Zealand citizens.

BORA Section 10

The right not to be subjected to medical or scientific experimentation without consent.

BORA Section 11

The right to refuse to undergo medical treatment.

Human Rights Act 1993

Makes discrimination unlawful based on sex, pregnancy, disability, age, and other grounds.

Human Rights Amendment Act 2001

Applied anti-discrimination protections directly to government agencies and the public sector.

Cartwright Inquiry

The catalyst showing health professionals could not be relied on to self-regulate.

HDC Act 1994 (Creations)

Created the Health and Disability Commissioner and the Code of Rights.

Code of Rights (Right 1)

The right to be treated with respect.

Code of Rights (Right 4)

The right to an appropriate standard of care.

Code of Rights (Right 7)

The right to informed choice and consent.

Patient Advocacy Service

The first step in addressing consumer concerns regarding healthcare.

HDC Investigation Focus

Determines whether a practitioner has breached the Code of Rights.

Health Practitioners Disciplinary Tribunal

The tribunal where HDC can lay charges of professional misconduct.