Requested by: Community Law South Auckland | Response provided: 22/10/2020
Category: Surgical,Eligibility for Services

I write in response to your Official Information Act request received by us 22nd October 2020, you requested the following information:

  1. What is the legal authority or policy Counties Manukau follow in order to ascertain whether there are grounds to deny someone surgical treatment?
  2. In what circumstances would a person be denied setting up a payment plan for a surgery they require and be expected to pay the full amount upfront before it goes ahead and where does it state this?
  3. What is the legal authority or policy that outlines what constitutes an "emergency surgery" and who makes this assessment?
  4. If someone is an immigrant on a work visa, does this affect their access to medical treatment? Furthermore, does this answer change if they are also married to a NZ permanent resident?
  5. What is the eligibility scheme for determining whether someone is put on the acute list or the elective list for surgery and if someone pays for a surgery upfront are they classified as a private patient and skip the waitlist? And what is the policy or source that governs this?
  6. In what circumstances can someone be denied treatment when they are in unbearable pain and does this contravene a physician’s "duty of care?" Please also outline the source that addresses this also.



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