Cloak and Dagger? Statutory Privilege for Quality Activities in New Zealand

Both New Zealand and Australia have enacted legislation which confers confidentiality on quality assurance activities undertaken by health providers. The statutory privilege is well utilised in New Zealand with over 40 organisations carrying out quality assurance activities under its provisions at any time. The article compares and contrasts statutory privilege in New Zealand with two Australian States (New South Wales and Victoria). It analyses notices issued under the legislation in New Zealand. The use of statutory privilege to review adverse events and systemic issues is considered. Public access to information about quality assurance activities conducted under statutory privilege is examined together with the impact on communication with patients and their families.