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Consultation. A brief outline for researchers who intend involving other people in their research. What is Consultation? (p.1). Based on case law, some of the elements of consultation can be summarised as including, but not limited to, all or any of the following:

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Consultation

Consultation

A brief outline for researchers who intend involving other people in their research.


What is consultation p 1
What is Consultation? (p.1)

Based on case law, some of the elements of consultation can be summarised as including, but not limited to, all or any of the following:

  • discussing a proposal not yet finally decided upon;

  • listening to what others have to say and considering responses;

  • having sufficient time for genuine effort to be made;


What is consultation p 2
What is Consultation? (p.2)

Based on case law, some of the elements of consultation can be summarised as including, but not limited to, all or any of the following:

  • having enough information to enable the person your are consulting with to be adequately informed so they are able to make intelligent and useful responses;

  • having an open mind and being ready to change or even start afresh although you already may have a working plan in mind;


What is consultation p 3
What is Consultation? (p.3)

Based on case law, some of the elements of consultation can be summarised as including, but not limited to, all or any of the following:

  • it is an intermediate situation involving meaningful discussion;

  • the party obliged to consult holds meetings, provides relevant information and further information on request, and waits until those being consulted have had a say before making a decision;


What consultation is not
What consultation is not:

  • merely telling or presenting a final proposal;

  • Talking about or discussing something with someone in generalised terms;

  • the same as negotiation, although a result of consultation could be an agreement to negotiate.


Consultation

Legislation governing research: page 1

  • • New Zealand Public Health and Disability Act 2000

  • • Injury Prevention, Rehabilitation, and Compensation Act 2001

  • • Health and Disability Commissioner Act 1994

  • • Health Research Council Act 1990

  • • Mental Health (Compulsory Assessment and Treatment) Act 1992


Consultation

Legislation governing research: page 2

  • • New Zealand Bill of Rights Act 1990

  • • Official Information Act 1982

  • • Privacy Act 1993

  • • Protection of Personal and Property Rights Act 1988

  • • Human Rights Act 1993

  • • Public Records Act 2005.


Consultation

Regulations governing research:

  • • Health and Disability Commissioner (Code of Health and Disability Services

  • Consumers. Rights) Regulations 1996

  • • Health (Retention of Health Information) Regulations 1996.


Consultation

Codes governing research:

  • • Health Information Privacy Code 1994

  • • Interim New Zealand Guidelines for Good Clinical Research Practice.


Consultation

Some references:

  • A Regional Council website (they do lots of consulting!)

    http://www.hbrc.govt.nz/WhatWeDo/Consents/Consultation/tabid/149/Default.aspx

  • The Health Research Council Guidelines

    http://www.hrc.govt.nz/assets/pdfs/publications/MHGuidelines%202008%20FINAL.pdf