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How should a certified provider handle incidents and complaints?

9 min readUpdated 16 October 2026, checked against health.govt.nz
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Notify the Director-General through HealthCERT of serious risks, police investigations and deaths reported to a coroner, report SAC 1, SAC 2 and always report and review events to Te Tāhū Hauora within 30 working days, and answer complaints on the Code of Rights timetable. Ngā Paerewa then expects a complaints register, trends monitored and improvements made from what each event teaches.

Three duties, each with its own clock

DutyTo whomWhen
Section 31(5) notice of a health and safety risk, a police investigation or a death reported to a coronerHealthCERT, copied to Health New Zealand if you hold its contractOn the Ministry's notification form, as it arises
Initial notification, part A, of a SAC 1, SAC 2 or always report and review eventTe Tāhū HauoraWithin 30 working days of the event being notified
Anonymised final review report, part BTe Tāhū HauoraWithin 120 working days of the event being reported to the provider
Written acknowledgement of a complaintThe person who complainedWithin 5 working days, unless already resolved
Decision whether the complaint is justified, or how much more time is neededThe person who complainedWithin 10 working days of the acknowledgement
Progress on the complaintThe person who complainedAt intervals of no more than 1 month

Section 31 notices go to HealthCERT on its form.1 Harm reporting is set by the national adverse events policy 2023, in effect from 1 July 2023 for all providers of health and disability services.2 The complaint timetable is Right 10 of the Code of Health and Disability Services Consumers' Rights.3

What Ngā Paerewa expects of the process

The sector guidance asks for a complaints policy and procedure, complaints received in any format, an up-to-date register with every update and action, complainants told the outcome, and trends monitored.4 It asks providers to show that improvements are made and embedded as a result of incidents, adverse events, complaints and investigations.4 Since 1 July 2024, aged residential care reports pressure injuries to Te Tāhū Hauora, which shares them with HealthCERT.1

  1. Make the person safe. Immediate safety risks are dealt with before any review, as the policy requires.
  2. Rate the harm. Apply the national severity assessment code to every event where harm occurred.
  3. Notify the right body. HealthCERT under section 31, Te Tāhū Hauora for SAC 1, SAC 2 and always report and review events.
  4. Acknowledge the person. A complaint in writing within 5 working days, and tell them about advocates and HDC.
  5. Review from the record. Times, names and what was written, with the person and whānau invited to share their story.
  6. Close and share the learning. Tell the person the outcome, record the action and feed the trend to the quality group.
TemplateComplaint and incident record
  1. Received on ______ How received ______
  2. Acknowledged in writing on ______
  3. Advocacy and HDC information given on ______
  4. Severity code ______ Notified to ______ on ______
  5. Decision on ______ Justified ______
  6. Person told the outcome on ______
  7. Action ______ Owner ______ Closed on ______

Questions

What must a certified provider notify under section 31(5)?

A situation that puts or could put people's health and safety at risk, a police investigation into the service, and a death reported to a coroner.

When is a harm event reported to Te Tāhū Hauora?

A part A notification of any SAC 1, SAC 2 or always report and review event within 30 working days, and a part B review report within 120 working days.

How quickly must we acknowledge a complaint?

In writing within 5 working days of receiving it, unless it has been resolved to the person's satisfaction in that time.

Does the adverse events policy apply to clinics that are not certified?

Yes, its scope is all providers of health and disability services in Aotearoa New Zealand.

Sources

  1. 1Ministry of Health, 2024Notifying an incident under section 31(5)Read source
  2. 2Te Tāhū Hauora Health Quality & Safety Commission, 2023Healing, learning and improving from harm, National adverse events policy 2023Read source
  3. 3Health and Disability Commissioner, 1996Code of Health and Disability Services Consumers' RightsRead source
  4. 4Ministry of Health, 2021Sector Guidance for Ngā Paerewa Health and Disability Services Standard (NZS 8134:2021)Read source

Written by the wai team from HealthCERT, Ministry of Health guidance, checked on 16 October 2026. This is guidance, not legal advice. Neither HealthCERT nor the Ministry of Health endorses wai or any software.

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