Legal Side of Head and Neck Cancer
As our aim is to advocate for better outcomes and treatment for head and neck cancer people, understanding the legislative environment for the provision of services and funding is crucial. This is all legal, as it is the government policy through law, that determines the services head and neck patients receive.
The Key Pieces in the Jigsaw
The Health Act 1956

This is older than me! The Health Act is the foundation of the New Zealand health system. The Health Act delegates responsibility to the Ministry of Health. Its states S. 3A. “the Ministry shall have the function of improving, promoting, and protecting public health.” The Act creates Health Districts that are so familiar to us.
New Zealand Public Health and Disability Act 2000
The purpose of this Act is to provide the funding for health services. This includes public health services, and disability support services. Priorities are the principles of improvement, promotion and protection of health. The Act includes the ideas of promoting of inclusion and participation in society. A key priority is the independence of people with disabilities.
The Act states as an aim, the best care or support for those in need of services. It includes provisions to reduce differences in health outcomes for Maori. It ensures there is public participation in personal, public and disability health services. There are responsibilities given to the Ministry of Health. The Ministry is to facilitate access to, and dissemination of, information to deliver, appropriate, effective, and timely health services.
The Act sets out the objectives of the District Health Boards. These are to reduce health outcome disparities between various population groups within New Zealand. The Boards are responsible for developing and implementing, services and programmes. These services and programmes are to raise New Zealanders health outcomes. The Boards have the responsibility to promote effective care or support for those in need of personal health services or disability support services.
DHB’s are required to collaborate with relevant organisations to plan and coordinate at local, regional, and national levels for the most effective and efficient delivery of health services. They do this so they can improve, promote, and protect the health of people. As a consumer organisation we have a legitimate role in working with the DHB's. Our role is to advocate for an improvement in services provided to head and neck cancer people.
Standards of Service Provision for Head and Neck Cancer in New Zealand

One of the programmes of the Ministry of Health is the development of standards of care for each type of cancer. In 2013, a working group of skilled and interested stakeholders developed the Standards of Service Provision for Head and Neck Cancer. These Standards ensure timely cancer treatment. They are part of the Ministry of Health’s Faster Cancer Treatment (FCT) programme. You can access all the Standards of Service Provision here. http://www.health.govt.nz/node/5073
All national standards follow an agreed pattern. The standards topics include prevention, early investigation and treatment of head and neck cancer. Each standard states a goal, and specifies processes to achieve it. The standard includes a rationale and a method of measuring progress. Each standard has good practice points.
How does this work in practice?
One of our issues is dental care and dental reconstruction. Standard Nine states patients have access to a care coordinator. This includes access to a range of rehabilitation professionals throughout their cancer journey. General Practitioners are part of the coordinated care.
The rationale states that patients are a varied, heterogeneous group, with potentially complex and long term needs.
The best practice points guide clinicians to meet the standard. For Standard Nine, the best practice points state that on discharge from hospital, patients receive appropriate oral care. This includes advice on the need for regular, ongoing professional care. It includes future oral care, as well as what you need to do if you have a prosthesis. It states patients will receive advice on their individual circumstances and needs. This includes dental extractions. Other health professionals, such as your GP and dentist should be informed of your oral and prosthesis care needs.
For best practice, patients should return to their own dentist for continuing care. If you cannot afford your own dental care, and the finance and facilities are available, you can receive oral care and maxillofacial rehabilitation. Yet, it appears that ideally you pay for this. It is not publicly funded.
A comparison with breast cancer

Breast cancer is one of the most prevalent cancers. The groups that represent breast cancer people are many. There are over 32 in New Zealand and they are vocal. They advocate for breast cancer people to have the best quality treatment and rehabilitation. There are National Standards of Service for Breast Cancer.
Here is the Standard for breast reconstruction.
Standard 8.6 Clinicians discuss delayed and immediate breast reconstruction with all women who undergo mastectomy, and offer it except where significant comorbidity precludes it. All appropriate reconstruction options are offered and discussed with women, irrespective of whether they are available locally.
The rationale for this standard is lengthy and I will not recount all here. The first paragraph sets the tone. “Breast reconstruction is an important means of enhancing body image and self confidence after mastectomy ...”
The good practice points are extensive, and include a process for women to seek further assistance if they are unhappy with their reconstruction. All of this is publicly funded.
Head and neck cancer folk talk about their dissatisfaction with their own situation. Many are dissatisfied with the quality ongoing care. Some are concerned about their access to rehabilitation. My response is to affirm to you the need to support your own organisation. It is through the Network we can provide you with the voice to be heard. Together we can advocate for better outcomes for head and neck people.
You can support us with your time, donations, participation in projects, and by connecting with others. As you can see we have much work to do. Diana
Find us on Givealittle
We have started to fundraise! Givealittle is up and running and already attracting a trickle of donations. You can find it at the link below:
Our fundraising supports our publications, posters, flyers and website subscription.