The passage of accident compensation legislation in New Zealand in 1972, and with it the virtual abolition of personal injury and medical negligence litigation, had an unintended effect. It starved New Zealand of a developing body of principles of medical law, including indigenous law on consent to medical treatment and the concept of informed consent. As a result, New Zealand had to look to the common law in overseas jurisdictions for legal principles. The boot is now on the other foot. Since 1996 New Zealand has had a Code of Health and Disability Services Consumers' Rights1 with the force of law. The Code places heavy emphasis on information disclosure and informed consent-not surprising, given its genesis in the Report of the Commission of Inquiry into the notorious 'unfortunate experiment' at National Women's Hospital.
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