It is important to note that even if the individual does not know how to access their information or is unable to understand it, if the individual is over 16 years of age a parent, caregiver or whānau│family member has no right to have that information to disclosed to them (unless they are their representative).  The Code does not talk about capacity issues at all.

If the person is under 16 years of age, then their parent or guardian is automatically their representative.  However, over 16 to the age of 18, if the person is unable to give their consent or authority, or exercise their rights (ie. unable to meet the text of capacity – click here for this information: Kathy link to capacity section)) the representative would be someone appearing to act on the person’s behalf and in their best interests.

Once the person turns 18 years of age, only someone acting under a Power of Attorney or as a Welfare Guardian could exercise the right to have health information disclosed to them.

You can find out more about the HIPC here: Office of the Privacy Commissioner: HIPC Fact Sheet