NZBMA’s Terms & Conditions

Cancellation & No-Show Policy: Please see sections 4, 5 and 6 regarding the definition for a ‘no-show,’ as well as the requirements and processes for cancelling an appointment within 48 hours. By proceeding with an appointment booking or service utilisation, clients acknowledge they have read, understood and agree to be bound by these Terms and Conditions outlined below. This policy forms an integral component of the service agreement between NZBMA and its clients, for equitable access and to be conducted in good faith.

1. Policy Overview

NZBMA recognises that efficient appointment scheduling is fundamental to delivering quality professional healthcare services while ensuring equitable access for all clients. Research demonstrates that appointment non-attendance significantly disrupts service delivery workflows and represents substantial economic losses for healthcare providers (Amberger & Schreyer, 2022). This policy establishes clear expectations regarding appointment commitments and outlines the contractual obligations that apply when clients book services with NZBMA. This policy also covers ethical guidance regarding Peer Support/Work sessions titled IDTS Connect, which operates under NZBMA's service umbrella.

2. Legal Foundation and Contract Formation

2.1 Contractual Agreement Formation

A binding contract is formed when:

  • a) NZBMA confirms appointment availability (offer)

  • b) Client books and confirms the appointment (acceptance)

  • c) Service fee payment commitment is established (consideration)

  • d) These terms are acknowledged through the booking process

This contract is governed by New Zealand common law principles and statutory consumer protection laws (Frey & Osborne, 2017).

2.2 Legislative Compliance Framework

This policy operates within New Zealand's comprehensive consumer protection and healthcare regulatory framework:

Consumer Guarantees Act 1993:

  • Services must be provided with reasonable care and skill (s.28)

  • Services must be fit for particular purpose (s.29)

  • Right to compensation for loss arising from failure to comply (s.32)

Fair Trading Act 1986:

  • Prohibition against misleading and deceptive conduct (s.9)

  • Unconscionable conduct prohibitions (s.9A)

  • Unfair contract terms provisions (s.26A-26E)

Contract and Commercial Law Act 2017:

  • Unfair contract terms regime (Part 3A, ss.46A-46M)

  • Penalty doctrine limitations on liquidated damages

  • Good faith obligations in commercial dealings

Health Information Privacy Code 2020 (HIPC):

  • Lawful collection of health information (Rule 1)

  • Secure storage and access controls (Rule 5)

  • Individual access and correction rights (Rules 6-7)

  • Limited disclosure provisions (Rule 11)

Health Practitioners Competence Assurance Act 2003:

  • Professional practice standards and scope limitations (ss.11, 40)

  • Continuing competence requirements

  • Professional conduct obligations

3. Privacy Protection Framework

3.1 Health Information Management

All client information is collected, stored and processed in accordance with the Health Information Privacy Code 2020. NZBMA ensures:

  • Information collection is limited to purposes directly related to service provision (HIPC Rule 1)

  • Secure storage with appropriate access controls and encryption (HIPC Rule 5)

  • Regular staff training on privacy obligations and breach prevention

  • Incident response procedures compliant with Privacy Act 2020 mandatory breach notification requirements (s.114)

3.2 Client Privacy Rights

Clients have the following rights regarding their health information:

  • Access their personal health information held by NZBMA (HIPC Rule 6)

  • Request corrections to inaccurate information (HIPC Rule 7)

  • Be informed of any privacy breaches affecting their information

  • Withdraw consent for information use (subject to professional obligations)

  • Request information about how their data is stored and processed

3.3 Data Breach Response Protocol

In the event of a privacy breach, NZBMA follows a structured response process compliant with the Privacy Act 2020:

  • Immediate containment to limit further unauthorised access or disclosure.

  • Notification to affected clients within 72 hours, including details of the breach and remedial actions.

  • Reporting to the Office of the Privacy Commissioner as required under mandatory breach notification provisions (s.114).

  • Implementation of corrective measures to prevent recurrence, including staff retraining and system upgrades.

Clients are provided with support to mitigate risks, such as guidance on monitoring for identity theft or unauthorised data use (Office of the Privacy Commissioner, 2020). The Privacy Act 2020 mandates notification of serious privacy breaches and this clear protocol demonstrates NZBMA’s commitment to transparency and accountability. This aims to reduces legal risks and builds client trust, particularly for vulnerable populations who may be concerned about health data security (Office of the Privacy Commissioner, 2020).

4. Appointment Cancellation Policy

4.1 Tiered Cancellation Framework

To ensure fair fees that reflect actural losses while maintaining reasonable terms for clients, the following structure applies:

  • 48+ Hours Advance Notice: No cancellation fee is charged. Clients retain full rebooking privileges, respecting scheduling protocols.

  • 24-48 Hours Advance Notice: A fee of 50% of the scheduled service cost is applied to compensate for reduced rebooking opportunities while allowing client flexibility.

  • 12-24 Hours Advance Notice: A fee of 75% of the scheduled service cost is applied, reflecting limited rebooking possibilities and committed professional time.

  • Less than 12 Hours’ Notice: The full-service fee (100%) is charged to cover allocated professional time and lost rebooking opportunities.

This tiered structure aligns with research on the economic impact of appointment non-attendance, balancing provider losses with client fairness (Kheirkhah et al., 2016).

4.2 Acceptable Communication Methods

Clients may communicate cancellations through any of the following verified channels:

  • Direct telephone contact during business hours (Dawn or Wayne)

  • Voicemail message with clear appointment details

  • Email correspondence to designated NZBMA address

  • Text message (SMS) with appointment reference

  • Online booking system cancellation link (available in appointment reminders)

Notification becomes effective upon successful transmission and receipt confirmation by NZBMA systems. All cancellation communications are documented with timestamps for record-keeping compliance.

5. No-Show Policy

5.1 Definition and Scope

A "no-show" occurs when a client fails to attend a scheduled appointment without providing any prior notification to NZBMA. This includes:

  • Complete non-attendance without communication

  • Arrival more than 15 minutes after scheduled time without prior arrangement

  • Failure to respond to appointment confirmation requests where safety protocols require confirmation

5.2 Financial and Administrative Consequences

No-Show Fee: 100% of scheduled service fee, representing genuine pre-estimate of economic loss including:

  • Allocated professional time costs

  • Administrative overhead expenses

  • Opportunity costs from unfilled appointment slots

  • Scheduling system maintenance and communication costs

Account Management: Following no-show incidents:

  • Account review and documentation of circumstances

  • Requirement for outstanding fee settlement before future bookings

  • Possible implementation of booking deposit requirements for repeat incidents

  • Maintenance of professional therapeutic relationship where clinically appropriate

5.3 Repeat Incident Management

Clients with multiple no-show occurrences may be subject to:

  • Mandatory advance payment or deposit requirements (50% of service fee)

  • Enhanced appointment confirmation protocols

  • Referral to alternative service providers if pattern compromises care quality

  • Account suspension pending fee resolution and clinical review

6. Fee Implementation and Collection

6.1 Fee Structure and Calculation Process

Cancellation and ‘no-show’ fees reflect actual losses, including:

  • Professional time allocation and preparation costs

  • Administrative overhead and communication expenses

  • Opportunity costs from unfilled appointment slots requiring late-notice rebooking

  • Scheduling system maintenance and reminder service costs

Fees are calculated based on evidence of economic impacts from appointment non-attendance (Kheirkhah et al., 2016).

6.2 Collection Procedures, Invicing and Payment

Outstanding fees are recovered through the following structured escalation process:

Stage 1: An initial invoice is issued with a 7-day payment term

Stage 2: A reminder notice follows with an additional 7-day extension

Stage 3: A final demand notice

Stage 4: Unresolved fees may be referred to external collection agencies, compliant with the Credit Contracts and Consumer Finance Act 2003.

All collection activities aim to comply with:

  • Privacy Act 2020 disclosure limitations and consent requirements

  • Credit Reporting Privacy Code 2020 reporting standards

  • Harassment and Criminal Associations Act 1997 conduct limitations

  • Fair Trading Act 1986 fair dealing requirements

6.3 Payment Methods

NZBMA accepts secure online payments (PCI DSS compliant), bank transfers, cash with receipts and EFTPOS. Stored payment methods require explicit client consent and adhere to Payment Card Industry security standards.

6.4 Deposit Requirements

For services exceeding NZ$150, a 50% deposit may be required at booking. Deposits are applied to service fees, cover late cancellation or no-show fees or are refunded within 5 business days for cancellations with 48+ hours’ notice.

7. Ethics Framework for IDTS Connect Sessions

7.1 Peer Support/Work Relationship Integrity

IDTS Connect peer support/work sessions represent peer-led services where shared lived experiences create therapeutic connection, community and belongingness. These services require heightened ethical consideration as they operate without hierarchical clinical relationships between facilitator and participant (Te Pou o te Whakaaro Nui, 2025).

The peer support/work framework depends on:

  • Consistent and reliable engagement from both parties

  • Mutual respect for scheduled commitment and preparation time

  • Recognition that disruption affects group dynamics and individual outcomes

  • Understanding that missed sessions may compromise continuity of care

7.2 Professional Duty of Care Considerations

Even though peer support/work does not follow traditional hierarchical clinical frameworks, NZBMA acknowledges Mental health practitioners need to maintain professional obligations under the Health Practitioners Competence Assurance Act 2003 to provide consistent, reliable care within established therapeutic frameworks (s.9). When clients fail to attend scheduled sessions without adequate notice, this may:

  • Interrupt evidence-based protocols designed for optimal mental health and addiction outcomes

  • Create gaps in wellbeing monitoring that could affect client safety

  • Prevent timely intervention adjustments based on session feedback and clinical assessment

  • Compromise the practitioner's ability to fulfil duty of care obligations

  • Disrupt group peer support dynamics affecting other participants

7.3 Vulnerable Population Protections

IDTS Connect peer-led sessions may serve individuals experiencing some mental health challenges, substance use disorders and other vulnerable conditions. The cancellation policy acknowledges these circumstances through enhanced flexibility provisions:

Mental Health Crisis Accommodations:

  • Extended consideration periods for clients experiencing acute mental health episodes

  • Collaborative rescheduling approaches prioritising therapeutic relationship continuity

  • Recognition that crisis situations may prevent standard notification protocols

  • Fee waiver authority for documented mental health emergencies

Peer Support/Work Continuity Safeguards:

  • Priority where possible) rebooking for missed peer sessions when circumstances permit

  • Alternative communication maintenance during crisis periods

  • Session frequency adjustments to accommodate fluctuating client capacity

  • Trauma-informed approaches to policy enforcement

7.4 Digital Service Delivery Ethics

IDTS Connect digital delivery introduces specific ethical considerations requiring accommodation:

Technology Access Equity:

  • Recognition that technical difficulties may prevent session attendance

  • Support for clients with limited digital literacy or equipment access

  • Alternative communication methods when digital platforms are unavailable

  • Flexible rescheduling for technology-related disruptions

Confidentiality in Digital Environments:

  • Acknowledgment that home environment disruptions may necessitate postponement

  • Respect for client privacy concerns in shared living situations

  • Understanding of external factors compromising confidential participation

  • Safe space protocol adjustments for domestic circumstances

7.5 Professional Ethical Standards Integration

This policy operates within established healthcare ethical frameworks:

  • Beneficence: Prioritising clients wellbeing over administrative convenience through individualised assessment

  • Non-maleficence: Avoiding policy enforcement that could harm vulnerable populations

  • Autonomy: Respecting client self-determination while maintaining professional boundary integrity

  • Justice: Ensuring equitable access to services regardless of individual socioeconomic circumstances

8. Exceptional Circumstances and Hardship Provisions

8.1 Medical Emergency Exemptions

Fees may be waived or reduced for documented circumstances including:

  • Medical emergencies requiring immediate healthcare intervention

  • Hospitalisation or serious accident with appropriate medical certification

  • Acute mental health crises validated by healthcare professionals

  • Family emergencies involving immediate whānau safety or wellbeing

In the rare cases documentation may be required, this may look like:

  • Medical certificate or hospital admission records

  • Mental health crisis assessment documentation

  • Police report for emergency circumstances

  • Cultural authority verification for cultural obligations

8.2 Financial Hardship Considerations

NZBMA recognises socioeconomic barriers to healthcare access and offers:

  • Payment plan arrangements for genuine financial hardship

  • Fee reduction assessment based on individual circumstances

  • Referral to community support services and funding options

  • Collaboration with social services for supported access

8.3 Cultural and Spiritual Obligations

Recognition of cultural commitments that may require session rescheduling:

  • Tangihanga (funeral) responsibilities and cultural obligations

  • Religious observance requirements with appropriate notice

  • Cultural ceremony participation with community verification

  • Spiritual healing practices requiring priority scheduling

8.4 Force Majeure Provision

NZBMA is not liable for service disruptions caused by events beyond its control, including natural disasters, government restrictions, or public health emergencies. In such cases:

  • Appointments may be rescheduled without penalty to clients or NZBMA.

  • Fees for cancellations or no-shows due to force majeure events are waived upon verification.

  • Clients are notified promptly of disruptions via email, SMS, or the NZBMA website.

This provision ensures fairness and compliance with the Contract and Commercial Law Act 2017, which recognises exemptions for unforeseen events affecting contractual obligations (New Zealand Legislation, 2017). By aiming to mitigate financial and legal risks from uncontrollable events, such as those experienced during the COVID-19 pandemic, which disrupted healthcare services globally (Ministry of Health, 2020), is to protects NZBMA from potential disputes over fees or service interruptions while maintaining client goodwill.

9. Dispute Resolution Framework

9.1 Internal Resolution Process

NZBMA maintains a structured approach to complaint resolution:

  • Stage 1: Initial complaint acknowledgment within 5 business days

  • Stage 2: Investigation and preliminary response within 10 business days

  • Stage 3: Senior management review and formal response within 10 business days

  • Stage 4: Independent review with external mediation if required

All complaints are documented with:

  • Detailed circumstances and client concerns

  • Investigation steps and evidence reviewed

  • Resolution offered and client response

  • Follow-up actions and outcome monitoring

9.2 External Dispute Resolution Options

Clients may pursue resolution through:

  • Health and Disability Commissioner: For service quality, professional conduct or rights violations (Health and Disability Commissioner Act 1994)

  • Disputes Tribunal: For contract-related disputes under NZ$30,000 (Disputes Tribunal Act 1988)

  • Alternative Dispute Resolution: Through LEADR New Zealand or similar mediation services

  • Professional Body Complaints: Through Massage Aotearoa New Zealand for professional practice concerns

9.3 Legal Enforcement Procedures

Unpaid fees constitute breach of contract and may be recovered through:

  • Disputes Tribunal proceedings for claims up to NZ$30,000

  • District Court action for substantial or repeated defaults

  • Professional debt collection services compliant with relevant legislation

  • Credit reporting where appropriate and legally compliant

All enforcement activities comply with:

  • Fair Trading Act 1986 fair dealing requirements

  • Privacy Act 2020 information sharing limitations

  • Harassment and Criminal Associations Act 1997 conduct standards

  • Credit Contracts and Consumer Finance Act 2003 where applicable

10. Te Tiriti o Waitangi Commitments

10.1 Partnership Obligations

NZBMA acknowledges Te Tiriti o Waitangi as New Zealand's founding document and commits to partnership with tangata whenua through:

Tino Rangatiratanga (Self-Determination):

  • Māori client autonomy in health decisions and treatment approaches

  • Whānau-centered care models when requested and appropriate

  • Recognition and integration of Māori health models (Te Whare Tapa Whā, Te Wheke)

  • Cultural supervision arrangements available for Māori clients

Partnership (Collaboration):

  • Engagement with local iwi and Māori health providers

  • Cultural competency training for all staff

  • Incorporation of tikanga Māori in service delivery where appropriate

  • Referral pathways to Māori health specialists when indicated

Protection (Kaitiakitanga):

  • Safeguarding of Māori health information according to cultural protocols

  • Protection of traditional healing knowledge and practices

  • Advocacy for equitable health outcomes and access

  • Cultural safety assessment and continuous improvement

10.2 Operational Implementation

NZBMA collaborates with Māori facilitators and kaumātua to ensure cultural safety through:

  •  Regular staff training on cultural competency, including historical trauma and contemporary Māori health needs

  •  Integration of Māori health models, such as Te Whare Tapa Whā, by assessing clients’ physical (tinana), mental (hinengaro), spiritual (wairua) and family (whānau) wellbeing during consultations to provide holistic care (Came et al., 2021)

  •  Referral networks with Māori health providers for culturally appropriate care

  •  Community engagement with local iwi and Māori organisations to support equitable health outcomes

11. Professional Practice Standards

11.1 MANZ Registration and Compliance

As Massage Aotearoa New Zealand registered practitioners, NZBMA operates under:

Health Practitioners Competence Assurance Act 2003:

  • Professional practice standards and competency maintenance (s.40)

  • Scope of practice limitations and clinical boundaries (s.11)

  • Continuing professional development requirements

  • Professional conduct and ethical standards compliance

MANZ Professional Standards:

  • Code of Ethics and Standards of Practice adherence

  • Continuing education requirements and professional supervision

  • Peer review and professional development participation

11.2 Scope of Practice Compliance

NZBMA services operate within Level 6 and 7 Registered Massage Therapist scope including:

  • Client health assessment and physical evaluation

  • Pain reduction, stress management and injury-related condition treatment

  • Culturally responsive and person-centered massage therapy

  • Wellness promotion and therapeutic exercise program development

  • Appropriate referral to other healthcare professionals when indicated

Professional Boundaries:

  • Recognition of scope limitations and referral requirements

  • Maintenance of therapeutic relationships and professional boundaries

  • Documentation standards meeting professional and legal requirements

  • Continuing competence through approved professional development

12. Health & Disability Services Consumer Rights

NZBMA operates in full compliance with New Zealand's Code of Health and Disability Services Consumers' Rights under the Health and Disability Commissioner Act 1994:

  • Right 1 - Respect and Dignity: Treatment with respect including cultural values, beliefs and privacy protection

  • Right 4 - Appropriate Standards: Services provided with reasonable care, skill and professional competency

  • Right 5 - Effective Communication: Clear communication in understandable language with interpreter access

  • Right 6 - Full Information: Honest, accurate information about care including risks, costs and alternatives

  • Right 7 - Informed Consent: Right to make informed choices and provide voluntary consent

  • Right 8 - Support Persons: Right to bring support persons unless safety conflicts exist

  • Right 10 - Complaints: Right to fair, efficient complaint resolution with advocacy service access

Operational Implementation:

  • Annual staff training on consumer rights (Rights 1, 4, 5, 6, 7)

  • Cultural safety protocols aligned with Right 1(1)(a) requirements

  • Complaint acknowledgment within 2 business days with resolution tracking

  • Free advocacy service information provision (0800 555 050)

  • Health and Disability Commissioner contact information availability

Mutual Protection: These rights apply equally to protect both clients and practitioners from discrimination, harassment or wrongdoing, ensuring professional practice integrity.

12.3 Client Conduct and Safety

NZBMA is committed to a safe and respectful environment for all clients and staff, in accordance with the Health and Disability Commissioner Act 1994. Clients are expected to:

  • Treat staff and other clients with respect, free from harassment or discrimination

  • Arrive in a condition suitable for safe service delivery (e.g., not under the influence of substances that impair safety)

  • Report any safety concerns promptly to NZBMA staff

Failure to comply may result in service refusal, appointment cancellation without refund or referral to appropriate authorities, ensuring the safety of all parties (Health and Disability Commissioner, 2020). This is aims to protects staff and clients from unsafe or disrespectful behaviour, which is critical in healthcare settings where trust and safety are paramount. Equally, this aligns with the Code of Health and Disability Services Consumers’ Rights, which emphasises mutual respect (Health and Disability Commissioner, 2020).

13. Record Keeping and Documentation Standards

13.1 Clinical Documentation Requirements

NZBMA maintains comprehensive records meeting professional and legal standards:

Client Records Include:

  • Initial assessment and ongoing treatment documentation

  • Informed consent documentation and updates

  • Cancellation communications and fee applications

  • Clinical reasoning for fee waivers or policy exceptions

  • Cultural considerations and accommodations provided

Retention Periods:

  • Active client records: Duration of therapeutic relationship plus 10 years

  • Financial records and fee documentation: 7 years from final transaction

  • Complaint and incident records: 10 years from resolution

  • Privacy breach documentation: Permanent retention with secure access controls

13.2 Quality Assurance and Audit Compliance

Regular internal audits ensure:

  • Clinical documentation completeness and accuracy

  • Privacy and security compliance monitoring

  • Policy implementation consistency across all services

  • Professional development and competency maintenance tracking

  • Cultural safety practice assessment and improvement

14. Policy Communication and Implementation

14.1 Client Information and Transparency

This policy is communicated through accessible channels to ensure clarity and inclusivity:

  • Booking Process: Clients acknowledge the policy during initial appointment booking. A summary is included in confirmation emails and key provisions are highlighted in reminders. The full policy is clearly identifiable and available on the NZBMA website, compliant with Web Content Accessibility Guidelines (WCAG 2.1) for screen-reader compatibility and alt text for images (World Wide Web Consortium, 2018)

  •  Accessible Formats: Easy-read versions, audio recordings, large print and braille formats are available upon request to accommodate clients with visual, cognitive or other disabilities

  •  Cultural Accessibility: Translation services for Māori and other languages are provided upon request to ensure cultural inclusivity

14.2 Staff Training and Implementation

All NZBMA staff receive training on:

  • Policy provisions and implementation procedures

  • Cultural safety and Te Tiriti obligations

  • Consumer rights and complaint resolution

  • Privacy protection and breach response protocols

  • Professional boundaries and ethical decision-making

15. Policy Review and Modification

15.1 Regular Review Process

NZBMA conducts comprehensive policy review:

  • Annually for operational effectiveness and legal compliance

  • Following significant legislative changes or court decisions

  • After complaint patterns or implementation challenges

  • Through client feedback and community consultation

15.2 Modification Procedures

Policy changes require:

  • Legal review for compliance with current legislation

  • Cultural consultation for Te Tiriti alignment

  • Professional body consultation where practice standards affected

  • Client notification 30 days prior to implementation

  • Staff training before new policy implementation

Changes apply to all appointments booked after the effective modification date, with existing bookings honoured under previous policy terms.

15.3 Client and Stakeholder Feedback

NZBMA actively seeks feedback on this policy to ensure it meets client and community needs:

  • Clients are encouraged to share their feedback via email or otherwise, inviting input on policy clarity, fairness and accessibility

  • Feedback is reviewed by senior management and where needed Māori facilitators to assess cultural safety and inclusivity

  • Suggestions are incorporated into policy updates, with changes communicated 30 days prior to implementation

This process aligns with best practices for consumer engagement in healthcare policy development (Ministry of Health, 2020). Having this formal feedback mechanism enhances client trust and ensures the policy remains relevant and equitable. Engaging Māori stakeholders supports Te Tiriti o Waitangi partnership obligations, promoting cultural safety (Came et al., 2021).

16. Limitations Clause

16.1 Program Disclaimer and Limitations

NZBMA programs are provided as general healthcare guidance and should not replace advice from healthcare professionals in different scopes of practice. Programs are designed using evidence-based literature and professional expertise but have not been individually tailored through comprehensive screening or testing.

Client Responsibilities:

  • Consult healthcare professionals for unfamiliar activities or exercises

  • Report discomfort or pain during any program activities immediately

  • Understand that programs are supportive tools, not substitutes for medical care

  • Maintain open communication about health status and capacity changes

16.2 Limitation of Liability

NZBMA provides services with reasonable care and skill, as required by the Consumer Guarantees Act 1993 (s.28). However, NZBMA is not liable for:

  • Health outcomes resulting from client failure to follow professional advice or disclose relevant health information

  • Losses caused by third-party actions or external circumstances beyond NZBMA’s control

  • Indirect or consequential damages arising from service provision

This limitation does not affect clients’ statutory rights under New Zealand consumer protection laws (New Zealand Legislation, 1993). Equally, this aims to protects NZBMA from unreasonable claims while respecting statutory obligations. Particularly within healthcare, where client outcomes may depend on factors outside the provider’s control, such as adherence to treatment plans (Kheirkhah et al., 2016).

17. Contact Information and Business Hours

For all policy-related questions, complaints or urgent communications:

NZBMA Business Hours: Monday-Friday, 8:00 AM - 4:00 PM

Phone: (+64)3 925 9981 / Email: info@NZBMA.com

References

Client Acknowledgement

By proceeding with appointment booking or service utilisation, clients acknowledge they have read, understood and agree to be bound by these Terms and Conditions. This policy forms an integral component of the service agreement between NZBMA and its clients, incorporating all legal protections and obligations under New Zealand law.