The waiting list for my surgery is very long, do I have any rights?
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The waiting list for my surgery is very long, do I have any rights?

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27.08.2026

I have been told that I will have to wait a long time for a non-urgent operation, and my pain is getting worse. I cannot afford private care. Is there a legal right to timely treatment, and can I challenge the wait?

Site Administration 28.08.2026
reply date: 28.08.2026

There is no absolute legal right to treatment within a specific time, because access to publicly funded services depends on clinical priority and available resources. Health New Zealand assesses patients according to national prioritisation criteria, and those with greater need are treated first. However, Right 4 of the Code of Health and Disability Services Consumers' Rights requires services to be provided with reasonable care and skill, and Right 2 protects you from discrimination. If your condition has changed, ask your GP to update the referral and request a reassessment. You can also make a complaint to the hospital or the Health and Disability Commissioner if you believe that your care has been unreasonable, and ask about interim treatments such as pain management. Consider whether ACC could cover part of your treatment.

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