Informed consent is more than a form or a signature — it’s the foundation of safe, ethical, and respectful service delivery in Aotearoa New Zealand. Whether you’re providing counselling, housing support, disability services, or healthcare, your organisation must ensure every person understands and agrees to what they’re signing up for.

But getting informed consent right in practice takes more than good intent. It requires a clear, up-to-date policy that guides your kaimahi/staff while protecting your clients and agency.

In this post, we’ll break down:

• What informed consent means in our legal and cultural context
• Why a clear policy is essential for compliance and trust
• What your informed consent policy should cover
• Tips for making your policy work.

At The Policy Place  we help social and community organisations across Aotearoa develop informed consent policies that are practical, culturally responsive, and easy to implement. Let’s get started.

What Is Informed Consent?

Informed consent means that a person:

• Understands the information about the service or intervention
• Is free to make a decision (without pressure or coercion)
• Has the capacity to make that decision
• Gives their agreement clearly and voluntarily

In Aotearoa/New Zealand, informed consent is a legal requirement under the:

• Code of Health and Disability Services Consumers’ Rights (Right 7)
• Privacy Act 2020 (collecting and using personal information)
• Family violence and child protection protocols, in some cases
• It is also protected under Article 2 of Te Tiriti o Waitangi – protection of rangatiratanga, mana motuhake and Māori rights.
• It is required by Ngā Paerewa/Standards that apply to health, disability and social services.

Consent can be written, verbal, or implied, depending on the situation. But the standard is always the same: people must know what they’re agreeing to, and have a real choice.

Why a Clear Policy on Informed Consent Matters

Your organisation’s informed consent policy plays a key role in:

• Meeting legal obligations — including health, disability, and privacy laws
• Supporting kaimahi/staff — so they know when and how to get consent
• Reducing risk — by documenting consent processes clearly
• Building trust — with clients, whānau and the wider community

Without a clear policy, kaimahi/staff may guess or take shortcuts, and clients may not fully understand their rights. This can lead to complaints, service breakdowns, or even legal action.

What to Include in Your Informed Consent Policy

A good informed consent policy should include:

1. Scope and Purpose

• When and why consent is required
• What services or activities it applies to
• Your organisation’s commitment to rights-based practice

2. How Consent Is Obtained

• The process for sharing information
• Using accessible language and formats
• Allowing time for questions or support

3. Types of Consent

• Written, verbal, and implied consent
• When each type is appropriate
• Templates or scripts if available

4. Capacity and Supported Decision-Making

• How to assess decision-making ability
• Steps to support people with impaired capacity
• Upholding mana and dignity in all decisions

5. Special Circumstances

• Consent for tamariki/children and rangatahi/young people
• Family violence or high-risk situations
• Collective decision-making and involving whānau, family, supports

6. Recording and Reviewing Consent

• How consent is documented
• When it needs to be re-confirmed
• Privacy and confidentiality responsibilities
• Making Your Policy Work in Practice

Making your Policy Real

A policy only helps if it’s used consistently. Here’s how to make it real:

• Use plain language
• Provide training and discussion opportunities
• Offer tools and templates
• Update your policy regularly
• Ground the policy in values, not just rules

How We Can Help

At The Policy Place, we provide online policies and tailored support for your policy needs in areas like informed consent. Our online policy service is designed for:

• Community and health organisations
• Māori and iwi services
• Social and disability support agencies
• Pasifika and Migrant services
• Housing services

All policies are:

• Based on current NZ legislation
• Support compliance with regulatory criteria like Ngā Paerewa Health and Disability Service Standard, and Social Sector Accreditation Standards
• Customisable and accessible
• Written in clear, everyday language

Need an informed consent policy that supports safe, inclusive practice?

Get in touch

 

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About the Author: Kendra Beri is the Director of The Policy Place, a New Zealand-based policy service supporting health, social, and community organisations with practical, legally compliant policies. With over 20 years’ experience, Kendra helps services confidently meet their obligations while staying true to their kaupapa.