TERMS OF SERVICE, COUNSELLING TERMS, PRIVACY POLICY & WEBSITE CONDITIONS

MindBody Healing | The Gateway Centre for MindBody Healing

Operated by Jason Swaffield
New Zealand

Last updated: 30 August 2026

1. WHO THESE TERMS APPLY TO

These Terms of Service, Counselling Terms, Privacy Policy and Website Conditions (“Terms”) apply to services, resources and activities provided by Jason Swaffield, currently operating under the trading, practice and service names:

MindBody Healing
The Gateway Centre for MindBody Healing
The Gateway Centre

Throughout these Terms, these names may collectively be referred to as “MindBody Healing”, “The Gateway Centre”, “the Practice”, “we”, “us” or “our”.

Unless a booking confirmation, invoice, consent agreement, funding agreement or other document expressly identifies another legal supplier, services provided under either MindBody Healing or The Gateway Centre are services provided by Jason Swaffield.

The use of different practice, programme, course, website or service names does not by itself mean that a different legal provider is supplying the service.

If the legal structure or operator of MindBody Healing or The Gateway Centre changes in the future, including through a company, charitable trust or other entity, the legal provider will be appropriately identified and these Terms will be updated where necessary. Any transfer or sharing of personal or health information associated with such a change will be handled in accordance with applicable New Zealand privacy law.

2. SCOPE OF THESE TERMS

These Terms apply to the website:

https://mindbodyhealing.co.nz

and, where relevant, to associated services, communications and material provided through other websites, booking platforms, payment systems, forms, email, telephone, video platforms, social media, workshops or other delivery methods operated or authorised by the Practice.

They apply to services and resources whether they are:

purchased;
provided without charge;
provided privately;
funded in whole or partly by another organisation;
provided in person;
provided online;
provided by telephone;
delivered in a client’s home or other location;
supplied individually or in a group;
downloadable, streamed or otherwise digitally accessed.

Services and resources may include counselling, therapy, workshops, courses, programmes, meditations, audio recordings, videos, podcasts, written material, therapeutic exercises, worksheets, models, wellbeing resources and other offerings developed or provided by the Practice.

3. RELATIONSHIP WITH THE COUNSELLING CONSENT AGREEMENT

Clients receiving counselling or individual therapeutic services may also be required to complete a separate Counselling Consent Agreement and/or Client Intake Form.

Those documents form part of the overall agreement between the client and the Practice.

These Terms provide the wider legal, privacy, website, purchasing and service framework. The Counselling Consent Agreement provides more specific information concerning the individual therapeutic relationship.

Where different documents deal with the same matter, they should be read together.

If there is an inconsistency:

mandatory New Zealand law and statutory consumer or health rights take priority;
a specific written agreement concerning a particular funded programme or service may apply to that service;
the Counselling Consent Agreement applies specifically to the counselling relationship; and
these Terms apply generally.

Nothing in any Practice document removes a right that cannot legally be excluded.

4. PROFESSIONAL AND COMPLEMENTARY SERVICES

The Practice provides or may provide services including:

professional counselling;
holistic counselling;
trauma-informed counselling;
grief and bereavement support;
cognitive and behavioural approaches;
mindfulness;
guided meditation;
relaxation and nervous-system regulation techniques;
somatic and body-awareness approaches;
root-cause trauma exploration;
hypnotherapy or hypnomeditation;
Zone Therapy;
Traditional Māori Romiromi;
mind-body approaches;
wellbeing education;
workshops;
therapeutic programmes;
personal-development programmes;
online courses;
digital meditations and recordings; and
other complementary approaches relevant to wellbeing and personal development.

The exact service offered will depend upon the practitioner’s qualifications, competence, professional scope, the client’s circumstances and the nature of the service requested.

5. COUNSELLING AS A HEALTH SERVICE

Professional counselling may constitute a health or disability service for the purposes of New Zealand health and privacy law.

Where applicable, clients receiving counselling or other health-related services have the protections provided by the Code of Health and Disability Services Consumers’ Rights, the Privacy Act 2020, the Health Information Privacy Code 2020, and other applicable New Zealand legislation.

Jason Swaffield provides counselling as a counsellor and does not represent himself as a medical doctor, psychiatrist or registered psychologist unless a particular qualification is expressly stated and held.

The incorporation of psychological concepts, counselling theory or mind-body psychology into a service does not represent that the practitioner is practising medicine or practising as a registered psychologist.

6. COMPLEMENTARY, TRADITIONAL AND HOLISTIC SERVICES

Services such as meditation, Romiromi, Zone Therapy, somatic work, hypnomeditation, spiritual or wairua-oriented practices and other holistic approaches may be offered alongside counselling.

These approaches may have different philosophical, cultural, traditional and evidential foundations.

They are not represented as replacing medical diagnosis, medical treatment, psychiatric care, emergency healthcare or another regulated health service where such care is required.

Clients are encouraged to maintain appropriate relationships with their GP and other health professionals where relevant.

7. INFORMED CHOICE AND CONSENT

Clients have the right to make informed choices about the services they receive.

Before a materially different therapeutic intervention is undertaken, clients may ask about:

the nature of the approach;
its intended purpose;
potential benefits;
material risks or possible adverse effects;
available alternatives;
costs; and
the practitioner’s relevant training or experience.

A general consent to counselling allows the counsellor to discuss, recommend and offer suitable therapeutic approaches, but it is not an irrevocable blanket consent to every possible therapy or procedure.

Clients may decline an intervention or request that it stop.

Consent may be withdrawn at any time.

Declining a complementary therapeutic technique does not remove a client’s right to respectful and appropriate counselling.

8. PHYSICAL TOUCH AND BODY-BASED THERAPIES

Some services, particularly Romiromi or another body-based service, may involve physical touch.

Where physical touch forms part of a service, the nature of the treatment will be explained as appropriate and consent obtained.

A client may:

ask questions;
establish boundaries;
decline particular forms of touch;
request modification of the treatment; or
withdraw consent and stop the treatment.

9. MEDITATION, HYPNOTHERAPY AND DEEP RELAXATION

Meditation, hypnotherapy, hypnomeditation, visualisation, relaxation recordings and similar resources may result in significantly reduced external attention.

They must not be used while:

driving;
cycling;
operating machinery;
supervising an activity requiring continuous attention; or
undertaking another activity where reduced alertness could create danger.

Users should participate in an appropriate and physically safe environment.

A person experiencing significant distress, disorientation or an unexpected adverse reaction should discontinue the exercise and seek appropriate assistance if required.

10. THERAPEUTIC OUTCOMES

Counselling and therapeutic work involve individual human responses.

The Practice does not guarantee that any particular service, counselling approach, therapy, meditation, course or complementary technique will produce a particular outcome.

Results vary according to many factors including the person’s circumstances, needs, history, health, readiness, engagement, environment and factors outside the control of the Practice.

References to concepts such as:

healing;
regulation;
recovery;
balance;
release;
integration;
transformation;
personal growth;
improved wellbeing;
emotional resolution; or
trauma processing

describe intended therapeutic objectives, philosophical concepts or possible individual experiences and are not guarantees that a particular outcome will occur.

Nothing in this clause reduces the obligation to provide services with reasonable care and skill and in accordance with applicable professional and legal standards.

11. MEDICAL DISCLAIMER

General material provided through the website, courses, podcasts, articles, social media, workshops, audio, video, newsletters or downloadable resources does not constitute individual medical diagnosis or medical treatment.

Clients and website users should seek appropriate medical or other professional advice for matters requiring specialist assessment.

Do not stop or alter prescribed medication or medical treatment solely because of information obtained through the Practice without consulting the relevant prescribing or treating health professional.

12. CLIENT PARTICIPATION AND PERSONAL AGENCY

Counselling aims to support a client’s understanding, personal agency, decision-making and wellbeing.

Clients remain responsible for decisions they make in their personal lives.

Unless expressly qualified and engaged to provide another professional service, the Practice does not provide:

legal advice;
financial advice;
accounting advice;
medical diagnosis;
medication advice; or
other regulated professional advice outside the practitioner’s scope.

Discussion of these subjects during counselling does not turn the discussion into specialist professional advice.

13. COUNSELLING SESSION FORMAT

Unless otherwise agreed, individual counselling sessions will generally last approximately 45–55 minutes, with approximately 50 minutes being the usual session duration.

Sessions should begin at the agreed time.

Where a client arrives or connects late, the session will ordinarily still finish at the originally agreed time because another appointment or professional commitment may follow.

A late start caused by the Practice will not ordinarily reduce the client’s agreed session time unless circumstances outside reasonable control make this unavoidable.

14. CANCELLATION AND NON-ATTENDANCE

Clients should provide at least 24 hours’ notice where they need to cancel or reschedule an appointment.

Where less than 24 hours’ notice is provided, or a client does not attend, a cancellation or non-attendance fee up to the value of the scheduled session may apply where that condition has been reasonably disclosed.

Exceptional circumstances, emergencies and circumstances genuinely outside the client’s reasonable control may be considered at the Practice’s discretion.

Where a third-party organisation is funding the service, that organisation’s attendance and cancellation conditions may also apply.

If the Practice needs to cancel an appointment, reasonable efforts will be made to provide notice and arrange an alternative session.

Money already paid for a session cancelled by the Practice may be transferred to the rescheduled appointment. If the service cannot reasonably be supplied, or a refund or other remedy is required by New Zealand law, the appropriate remedy will be provided.

15. PAYMENT

Private services may require payment before the session begins.

The price applying to a service is the price communicated or displayed at the time of booking or purchase unless an obvious error has occurred.

Payment may be processed through third-party payment systems.

Those systems may have their own privacy and contractual terms.

The Practice does not intentionally retain complete payment-card information where card processing is performed by an independent payment processor.

16. REFUNDS AND CONSUMER RIGHTS

Refunds, repairs, replacement services and other remedies are provided where required by New Zealand law.

Nothing in these Terms excludes rights under the Consumer Guarantees Act 1993 where that Act applies.

A change of mind does not automatically create a right to a refund for a service or digital product that has been correctly supplied, unless a refund was expressly promised or is required by law.

For immediately accessible digital content, downloadable resources, recordings or programmes, no change-of-mind refund is ordinarily offered after access or download has been supplied, subject always to statutory rights.

17. THIRD-PARTY FUNDED COUNSELLING

Services may be supplied through or funded by third parties including, from time to time:

GP or primary-health referrals;
EAP providers;
government agencies;
community organisations;
insurers;
employers where appropriate;
ACC-related providers;
MSD or other funding arrangements; or
another referral or funding organisation.

Additional conditions may apply to those services.

Clients will be informed, where appropriate, of information that may need to be provided to the funder or referring organisation.

Information will only be disclosed where authorised, reasonably expected within the relevant arrangement, or otherwise permitted or required by law.

18. CONFIDENTIALITY

Counselling communications and clinical records are treated as confidential.

Confidentiality is an important part of the therapeutic relationship but is not absolute.

Information may be used or disclosed where:

the client authorises it;
disclosure is permitted or required by law;
disclosure is reasonably necessary for an authorised purpose;
professional supervision is required;
a relevant contractual funding arrangement lawfully requires appropriate information;
a serious threat to the life or health of any individual or to public safety justifies disclosure;
child or vulnerable-person safety concerns justify or require appropriate action; or
another lawful exception applies.

Where disclosure is being considered for safety reasons, only information reasonably relevant to the purpose should be disclosed.

Where reasonably possible and clinically appropriate, the matter will be discussed with the client.

19. SERIOUS RISK AND SAFETY

The Practice may take reasonable action where information gives rise to significant concerns for the safety of the client or another person.

Depending upon the circumstances and applicable law, this may include contacting:

emergency services;
a GP;
a mental-health crisis service;
an appropriate health provider;
an authorised support person;
a relevant statutory agency; or
another person reasonably able to reduce the threat.

The precise response will depend upon the nature, severity, likelihood and immediacy of the concern and the practitioner’s professional obligations.

20. PROFESSIONAL SUPERVISION

Professional supervision forms part of responsible counselling practice.

Client circumstances may be discussed with an appropriately qualified professional supervisor for purposes including:

professional reflection;
maintaining safe practice;
clinical consultation;
ethical decision-making;
professional development; and
responding appropriately to complex or high-risk situations.

Supervisors are subject to professional confidentiality requirements.

Identifying information will be avoided or minimised wherever reasonably practicable, unless disclosure of additional information is reasonably necessary and lawful.

21. CLINICAL NOTES

The counsellor may maintain records including:

identifying and contact details;
relevant personal circumstances;
family or whānau information;
historical information;
client disclosures;
session themes;
observations;
treatment or therapeutic approaches;
risk and protective factors;
decisions and actions;
correspondence;
referrals; and
brief session summaries.

Clinical records are maintained to support safe, ethical and professional service delivery.

Clients may request access to health information held about them, subject to limited lawful grounds for withholding information.

Clients may also request correction of information they believe is inaccurate.

22. AUDIO OR VIDEO RECORDING BY THE PRACTICE

A counselling or therapeutic session will not be deliberately audio- or video-recorded by the Practice without the client being informed.

Where recording is proposed, the client will be told the purpose of the recording and consent will be obtained.

A client may decline recording without losing the right to receive the underlying counselling service unless recording is genuinely necessary to provide a particular optional service and this has been explained in advance.

Recordings may, where agreed, be used for purposes such as:

accurate recall;
preparation of clinical notes;
professional review;
supervision;
training; or
another specifically explained purpose.

Any recording containing identifiable client information will be handled as health information.

Recordings will be securely handled and retained or deleted in accordance with applicable law and the purpose for which consent was obtained.

23. RECORDING BY CLIENTS

As a condition of participating in a private counselling, therapeutic or supervision session, clients must not deliberately audio-record, video-record, photograph, livestream or create a verbatim automated transcript of the session without the practitioner’s prior agreement.

A client who has a genuine accessibility, memory, disability or other reason for requesting a recording is encouraged to discuss this with the counsellor so that an appropriate arrangement can be considered.

This condition exists to protect:

therapeutic privacy;
professional boundaries;
confidential material;
intellectual property;
third-party privacy where relevant; and
the integrity and context of therapeutic communication.

24. ARTIFICIAL INTELLIGENCE AND THIRD-PARTY INTERPRETATION

Clients must not upload an audio or video recording or verbatim transcript of a counselling session to an artificial-intelligence service, transcription platform or other third-party analysis service without prior agreement where doing so would breach the recording condition above or involve material owned or protected by the Practice.

Clients remain free to reflect upon their own counselling experience and personal notes.

However, an interpretation produced by ChatGPT, another artificial-intelligence system, an automated transcription system or another third party:

is not an interpretation made by the counsellor;
is not part of the counselling service;
cannot reliably establish the counsellor’s intention or clinical reasoning;
may lack context or be inaccurate; and
must not be represented as a statement, diagnosis, assessment or professional opinion made by the counsellor.

The Practice accepts no responsibility for conclusions generated independently by third-party AI systems from information submitted to them by a client.

Nothing in this section prevents a client from exercising lawful rights to obtain or use their own health information.

25. USE OF TECHNOLOGY OR AI BY THE PRACTICE

The Practice may use appropriate digital systems for administration, scheduling, communication, record management, information organisation or other legitimate practice functions.

If artificial intelligence, transcription or another automated tool is proposed for processing identifiable clinical information in a manner requiring specific notice or consent, the Practice will comply with applicable privacy, confidentiality and informed-consent requirements.

Clinical responsibility remains with the practitioner and is not transferred to an automated system.

Identifiable client health information will not knowingly be made publicly available or used to train publicly accessible AI systems by the Practice without an appropriate lawful basis and safeguards.

26. RECORD RETENTION

Health information will be retained for the period required by New Zealand law.

Where the Health (Retention of Health Information) Regulations 1996 apply, health information held by the provider will generally need to be retained for at least 10 years beginning on the day after the most recent date on which services were provided to the individual, unless a lawful exception applies.

Records may be retained for longer where there is a legitimate lawful reason, including professional, insurance, complaint, litigation or other legal requirements.

Once information is no longer required to be retained and there is no lawful reason to continue holding it, it may be securely destroyed or de-identified.

27. NON-IDENTIFYING INFORMATION

The Practice may use genuinely de-identified or aggregated information for legitimate purposes including:

service improvement;
professional development;
internal evaluation;
identifying general service trends;
programme development;
statistical analysis; and
improving therapeutic resources.

Information will not be represented as de-identified if there remains a reasonable likelihood that a person could be identified from the circumstances.

Identifiable client stories, photographs, case studies or testimonials will not be used publicly merely because a person signed a counselling agreement. Appropriate additional permission will be obtained where required.

28. CHILDREN AND YOUNG PEOPLE

The rights of children and young people to participate in decisions concerning their care will be respected in accordance with New Zealand law and the Code of Health and Disability Services Consumers’ Rights.

Being under 18 does not automatically mean that a young person is incapable of providing informed consent.

Competence, age, the nature of the service, relevant legislation, guardianship arrangements and the circumstances of the individual young person will be considered where appropriate.

Where consent or involvement from a parent, guardian or other legally authorised representative is required, the Practice may require confirmation of that person’s authority.

The confidentiality of a young person will be respected subject to applicable law, safety considerations and any appropriately established agreement concerning parental or guardian involvement.

29. SUPPORT PEOPLE

A client may request a support person to be present during a health or counselling service.

This will ordinarily be accommodated unless doing so would materially compromise safety, privacy, another person’s rights or the therapeutic service.

30. CRISIS AND EMERGENCY SERVICES

MindBody Healing and The Gateway Centre are not 24-hour crisis services.

Telephone calls, emails, text messages, website enquiries and social-media messages are not continuously monitored and must not be relied upon for emergency assistance.

If there is immediate danger or a medical emergency, call 111.

If urgent mental-health support is required, contact an appropriate crisis service, GP, emergency department or other immediate support service.

In New Zealand, 1737 may also be contacted by phone or text for support.

31. CONTACT BETWEEN SESSIONS

Clients may contact Jason regarding appointments or appropriate counselling-related matters using the contact details provided by the Practice.

Current contact details include:

Phone/Text: 022 474 2550
Email: jason@mindbodyhealing.co.nz

Text messaging may be used for appointment organisation, reminders and payment-related communication.

Responses are provided as time permits during normal professional availability.

The therapeutic relationship does not create an expectation that the counsellor is continuously available outside scheduled sessions.

32. ONLINE AND TELEPHONE COUNSELLING

Online and telephone services involve additional limitations and risks.

These may include:

internet failure;
device failure;
platform outages;
interruptions;
difficulty confirming the privacy of the client’s environment;
unauthorised access to a device;
reduced non-verbal information; and
limitations in responding to an emergency remotely.

Clients are responsible for participating from a location that provides reasonable privacy and physical safety.

The Practice may ask for the client’s current location or emergency contact information where this is reasonably necessary for safe remote counselling.

The Practice may decline or discontinue remote counselling if it is considered clinically inappropriate or unsafe.

33. IN-HOME AND OTHER OFF-SITE SERVICES

Where a service takes place in a client’s home or another non-clinic location, the environment must be reasonably safe and suitable.

The practitioner may refuse to enter or may leave if there are material safety concerns including:

threatening or abusive behaviour;
serious intoxication;
uncontrolled animals;
violence;
serious environmental hazards; or
another circumstance that makes safe professional practice impracticable.

34. GROUPS, COURSES AND WORKSHOPS

Where a service includes multiple participants, the Practice will take reasonable steps to maintain appropriate privacy.

Participants may also be asked to respect the confidentiality and privacy of others.

However, the Practice cannot absolutely guarantee that another independent participant will comply with a confidentiality request.

Participants must not record, photograph or distribute another participant’s personal disclosure without appropriate permission.

35. FREE RESOURCES AND SELF-DIRECTED CONTENT

The Practice may provide meditations, articles, worksheets, podcasts, videos, courses or other materials without charge.

Free access does not transfer ownership of the material to the user.

General self-directed content does not, by itself, create an individual counsellor-client relationship.

Where a free workshop or service nevertheless constitutes a health or disability service, applicable statutory rights continue to apply regardless of whether payment was made.

36. INTELLECTUAL PROPERTY

Unless otherwise stated, original content developed by Jason Swaffield, MindBody Healing or The Gateway Centre remains protected intellectual property.

This may include:

therapeutic models;
diagrams;
written programmes;
worksheets;
courses;
recordings;
meditations;
videos;
podcasts;
graphics;
training material;
workshop material;
written explanations;
treatment frameworks;
the Gateway Centre’s original therapeutic concepts; and
Star of Healing and related programme material where owned by the Practice.

A purchase or download generally provides a personal, non-exclusive, non-transferable licence for the purchaser’s own use.

Unless permission has been given, material must not be:

resold;
republished;
commercially reproduced;
substantially copied;
distributed to others;
incorporated into another commercial programme;
used to train an artificial-intelligence model;
uploaded into a publicly accessible resource repository;
represented as another person’s work; or
adapted for commercial teaching or licensing.

Third-party intellectual property remains the property of its respective owner.

37. TESTIMONIALS AND CLIENT EXPERIENCES

Testimonials and descriptions of individual experiences reflect the experience or opinion of the person concerned.

They do not guarantee that another client will achieve the same outcome.

Testimonials must not be interpreted as a substitute for individual professional assessment.

Where a testimonial contains identifiable client information, appropriate permission will be obtained before publication.

38. WEBSITE INFORMATION

Reasonable efforts are made to keep website information accurate and current.

Information may change as:

services change;
professional knowledge develops;
prices change;
programmes develop;
laws or professional obligations change; or
errors are identified.

The Practice may modify or remove website material without prior notice.

An obvious typographical or pricing error does not necessarily bind the Practice where it would be unreasonable to treat the error as genuine.

39. THIRD-PARTY WEBSITES AND SERVICES

The Practice may use or link to independent services including:

payment processors;
Google Forms or other form providers;
video-conferencing systems;
booking systems;
email providers;
social-media platforms;
podcast or video services;
cloud services; and
external health or wellbeing resources.

Those organisations may maintain their own terms and privacy policies.

A link to a third party does not necessarily constitute endorsement of everything provided by that third party.

The Practice is not responsible for independent acts or omissions of third parties outside its reasonable control.

PRIVACY POLICY

40. PRIVACY COMMITMENT

The Practice handles personal information in accordance with applicable New Zealand privacy legislation.

Health information is subject to additional protections under the Health Information Privacy Code 2020 where that Code applies.

The privacy obligations described in these Terms apply whether the service is described or branded as MindBody Healing or The Gateway Centre.

41. PRIVACY OFFICER

The Practice Privacy Officer is:

Jason Swaffield

Email: jason@mindbodyhealing.co.nz
Phone: 022 474 2550
Business/Postal address: [INSERT SUITABLE BUSINESS OR POSTAL ADDRESS]

Privacy enquiries, access requests, correction requests and privacy complaints may be directed to the Privacy Officer.

42. INFORMATION THAT MAY BE COLLECTED

Depending upon how a person interacts with the Practice, information collected may include:

name;
contact details;
date of birth or age;
pronouns or other relevant identifying information;
emergency contact details;
enquiry information;
booking information;
referral details;
payment information;
transaction information;
correspondence;
form responses;
attendance information;
communication preferences;
website technical information; and
marketing consent or unsubscribe information.

For counselling or therapeutic clients this may also include health information such as:

reason for referral;
medical or mental-health information voluntarily supplied;
medication information where relevant;
current circumstances;
family and whānau history;
personal history;
trauma history;
relationship information;
emotional and psychological information;
physical symptoms discussed in a therapeutic context;
counselling disclosures;
clinical observations;
session notes;
therapeutic interventions;
goals;
risk factors;
protective factors;
referral information; and
other information reasonably necessary for the service.

43. PURPOSES FOR COLLECTION AND USE

Information may be collected and used for purposes including:

responding to enquiries;
assessing whether a service may be suitable;
arranging appointments;
providing counselling or therapeutic services;
maintaining clinical records;
communicating with clients;
managing risk and safety;
processing payment;
liaising with authorised referrers or funders;
professional supervision;
meeting ethical and professional obligations;
administering the Practice;
handling complaints;
complying with legal obligations;
managing website security;
providing requested resources;
maintaining appropriate business records;
improving services; and
other purposes appropriately disclosed when information is collected.

Marketing use is addressed separately below.

44. COLLECTION DIRECTLY FROM YOU

Where practicable, personal and health information will ordinarily be collected directly from the person concerned.

Information may be collected through:

counselling sessions;
telephone calls;
email;
text messages;
website forms;
Google Forms;
intake forms;
consent forms;
payment systems;
booking systems;
online meetings;
correspondence; and
other direct communications.

When personal or health information is requested, the Practice will take reasonable steps to provide the information required by applicable privacy law concerning the collection.

45. INFORMATION RECEIVED FROM OTHER PEOPLE

Information may sometimes be received from another person or organisation, including:

a GP;
another health practitioner;
a referral organisation;
an EAP;
a government agency;
a funder;
an insurer;
a parent or guardian;
a support person;
whānau;
an emergency service; or
another appropriate source.

From 1 May 2026, additional notification requirements apply under New Zealand privacy law when personal or health information is collected indirectly.

Where required, reasonable steps will be taken to notify the person concerned about the collection and relevant matters unless a lawful exception applies.

46. USE OF HEALTH INFORMATION

Health information obtained for one purpose will not ordinarily be used for an unrelated purpose unless:

the individual authorises that use;
the new purpose is sufficiently related to the original purpose;
the information is genuinely de-identified;
another exception under the Health Information Privacy Code applies; or
another lawful basis permits the use.

Clinical information will not be sold to advertisers.

Identifiable counselling disclosures will not be used to create advertising directed at a client based on their sensitive therapeutic disclosures.

47. DISCLOSURE OF INFORMATION

Information may be disclosed where:

the person has authorised disclosure;
disclosure is part of the purpose for which the information was obtained and is legally permissible;
a professional supervisor is appropriately consulted;
a lawful funding or referral arrangement requires appropriate disclosure;
disclosure is necessary in relation to a serious threat;
disclosure is required or permitted by law;
disclosure is reasonably necessary for legal proceedings or professional advice; or
another exception under applicable privacy law applies.

Only information reasonably relevant to the purpose should be disclosed.

48. SERVICE PROVIDERS AND CONTRACTORS

The Practice may use organisations that process information on its behalf, including technology, hosting, communication, payment, accounting, security and administrative providers.

Reasonable steps will be taken to select and use services appropriate to the sensitivity of the information concerned.

Where a provider processes information as an agent of the Practice, the Practice will remain responsible to the extent required under New Zealand privacy law.

49. INFORMATION PROCESSED OUTSIDE NEW ZEALAND

Some technology providers may operate or store information outside New Zealand.

Where personal information is disclosed overseas in circumstances governed by the overseas-disclosure provisions of the Privacy Act 2020, the Practice will take the steps required by New Zealand law, which may include ensuring appropriate privacy safeguards or obtaining informed authorisation where required.

50. SECURITY

Reasonable safeguards will be used to protect information against:

loss;
unauthorised access;
unauthorised disclosure;
misuse;
alteration; and
inappropriate destruction.

Safeguards may include:

passwords;
device security;
access controls;
secure storage;
encrypted systems where appropriate;
secure cloud services;
restricted access; and
confidentiality obligations.

No electronic communication or storage system can be guaranteed to be completely immune from unauthorised access.

51. PRIVACY BREACHES

If a privacy breach occurs, the Practice will assess the nature and likely consequences of the breach.

Where the Privacy Act requires notification because a breach has caused or is likely to cause serious harm, the Office of the Privacy Commissioner and affected individuals will be notified as required by law.

52. ACCESS TO INFORMATION

Individuals may ask whether the Practice holds personal or health information about them and may request access to that information.

Requests will be handled according to applicable New Zealand privacy law.

There are limited circumstances in which information may lawfully be withheld.

Proof of identity may be requested before information is released.

53. CORRECTION OF INFORMATION

Individuals may request correction of personal information they believe is inaccurate.

Where a requested correction is not made, the individual may have a right to request that a statement of correction be attached to the relevant information.

54. WEBSITE COOKIES AND TECHNICAL INFORMATION

The website may collect technical information including:

IP address;
browser information;
device information;
page activity;
referral information;
cookie information;
website analytics; and
security information.

Cookies and related technology may be used for:

website operation;
security;
user preferences;
forms;
analytics;
payments;
embedded content; and
improving website performance.

Third-party embedded content may also be subject to the third party’s privacy practices.

EMAIL, NEWSLETTERS AND COMMERCIAL COMMUNICATIONS

55. SERVICE AND ADMINISTRATIVE COMMUNICATIONS

Where a person:

contacts the Practice;
makes an enquiry;
books an appointment;
becomes a client;
makes a purchase;
submits a form;
requests information;
registers for a programme; or
otherwise establishes a service relationship,

the Practice may communicate with that person where reasonably necessary to respond to or administer that relationship.

Examples include:

responding to the enquiry;
discussing an appropriate service;
appointment confirmation;
appointment reminders;
payment information;
invoices;
changes to appointments;
sending information requested by the person;
sending agreed therapeutic resources;
reasonable follow-up associated with the service;
privacy or security communications; and
other service administration.

These communications are distinct from ongoing promotional marketing.

56. MARKETING AND PROMOTIONAL COMMUNICATIONS

The Practice may provide information about:

counselling services;
new therapeutic services;
Gateway Centre services;
workshops;
retreats;
programmes;
courses;
meditations;
digital resources;
events;
educational material;
wellbeing resources;
new locations;
special offers; and
other relevant MindBody Healing or Gateway Centre offerings.

Commercial electronic messages will only be sent where there is a lawful basis to do so under the Unsolicited Electronic Messages Act 2007 and applicable privacy requirements.

Consent to marketing may be:

expressly provided;
reasonably inferred where New Zealand law permits this; or
otherwise lawfully established.

Because contact information obtained through counselling may constitute health information, the Practice will also consider the Health Information Privacy Code before using health-service contact details for a marketing purpose.

The fact that a person has attended counselling does not by itself create unlimited or permanent consent to marketing.

57. EXPRESS MARKETING CONSENT

A person may expressly agree to receive marketing by:

selecting an optional marketing checkbox;
joining a mailing list;
subscribing to a newsletter;
requesting a free resource where the form clearly states that relevant updates will also be sent;
registering for a programme where this use is clearly disclosed; or
otherwise clearly agreeing to receive promotional communications.

Marketing consent is voluntary.

A person’s decision not to receive promotional emails does not affect their entitlement to counselling or other services.

58. EXISTING CLIENTS AND ENQUIRERS

A former or existing client relationship, enquiry or purchase may in some circumstances support communications reasonably connected with that relationship.

However, the Practice will not rely upon a past counselling relationship as an indefinite authority to send unrelated marketing.

Where there is doubt about whether consent to promotional communication exists, express marketing consent should be obtained.

A person who has unsubscribed will not be placed back onto a marketing list merely because they later attend a counselling appointment, unless they subsequently provide a new lawful consent.

59. UNSUBSCRIBE

Commercial electronic messages will clearly identify the sender and contain an appropriate method of unsubscribing where required.

A recipient may withdraw marketing consent at any time.

Unsubscribe requests will be actioned within the time required by New Zealand law.

Limited contact information may be retained on a suppression or unsubscribe list so that the person’s preference can continue to be respected.

Unsubscribing from promotional communications does not prevent communications reasonably necessary to administer:

an existing appointment;
an active counselling relationship;
a purchase;
a payment;
a legal obligation; or
another non-promotional service matter.

60. RECOMMENDED WEBSITE MARKETING CHECKBOX

Where the Practice wishes to send ongoing marketing following an enquiry, download or client interaction, the preferred consent mechanism is a separate optional statement such as:

□ Yes, I would like to receive occasional emails from MindBody Healing and The Gateway Centre about counselling and wellbeing services, programmes, workshops, meditations, resources, events and other relevant offerings. I understand that I can unsubscribe at any time.

This checkbox should not be pre-selected.

PROFESSIONAL BOUNDARIES AND COMMUNICATION

61. PROFESSIONAL RELATIONSHIP

A counselling relationship is a professional relationship.

The Practice may establish appropriate boundaries concerning:

contact outside sessions;
messaging;
social media;
gifts;
physical contact;
dual relationships;
session locations;
communication frequency; and
other professional matters.

The purpose of these boundaries is to support safe, ethical and effective practice.

62. PUBLIC OR SOCIAL ENCOUNTERS

Where the counsellor encounters a client outside the counselling environment, the counsellor may refrain from initiating contact in order to protect client privacy.

A client remains free to initiate an ordinary greeting.

The counsellor will not intentionally disclose the counselling relationship to another person without an appropriate basis for doing so.

63. TERMINATION OR REFERRAL

The Practice may decline, pause or conclude a service where there are reasonable professional grounds including:

the service is outside the practitioner’s competence;
another provider is better suited to the client’s needs;
there is a conflict of interest;
continuation has become clinically inappropriate;
safety is materially compromised;
professional boundaries are repeatedly breached;
abusive, threatening or harassing conduct occurs;
payment obligations remain unresolved;
the therapeutic relationship is no longer effective; or
another ethical or legal reason exists.

Where clinically appropriate and reasonably practicable, suitable alternatives or referral options may be discussed.

Existing professional obligations to a current client will be considered before services are ended.

WEBSITE, PRODUCTS AND INTELLECTUAL PROPERTY

64. ACCEPTANCE OF WEBSITE TERMS

Use of this website is subject to these Terms.

Merely reading or using general website information does not create a counselling relationship.

An individual therapeutic relationship begins only when the Practice has agreed to provide a service and appropriate consent and booking requirements have been completed.

65. WEBSITE AVAILABILITY

Continuous access to the website, digital products or external technology platforms cannot be guaranteed.

Temporary interruption may occur due to:

maintenance;
technical failure;
internet failure;
cyber incidents;
hosting-provider issues;
third-party platform outages; or
circumstances outside reasonable control.

Reasonable steps will be taken to restore Practice-controlled services where practicable.

66. THIRD-PARTY LINKS

Links to independent websites are provided for information or convenience.

Unless expressly stated otherwise, linking to another organisation does not mean that the Practice controls, guarantees or accepts responsibility for that organisation’s services or content.

67. AFFILIATE OR COMMERCIAL RELATIONSHIPS

The Practice may occasionally recommend or link to a third-party product, service or organisation.

Where the Practice receives a commission, referral benefit or other material commercial benefit and disclosure is required or appropriate, reasonable steps will be taken to disclose the relationship.

A commercial relationship does not remove the user’s responsibility to determine whether the third-party service is appropriate for their circumstances.

LIABILITY AND LEGAL RIGHTS

68. CONSUMER GUARANTEES

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot legally be excluded.

This includes applicable rights under:

the Consumer Guarantees Act 1993;
the Fair Trading Act 1986;
the Privacy Act 2020;
the Health Information Privacy Code 2020;
the Code of Health and Disability Services Consumers’ Rights; and
other applicable New Zealand law.

69. REASONABLE LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Practice is not responsible for loss caused by:

use of general educational material as though it were individually tailored professional advice;
use of a meditation or relaxation recording contrary to safety instructions;
unauthorised modification or redistribution of Practice material;
inaccurate information supplied by the user where the Practice reasonably relied upon it;
unauthorised third-party use of a client’s device or account;
independent actions of external service providers outside the Practice’s reasonable control;
an individual’s independent decision made contrary to professional advice; or
a person’s misuse of a service or resource.

Nothing in this clause excludes responsibility for matters for which liability cannot legally be excluded.

Nothing in these Terms absolves the Practice from its obligation to exercise reasonable care and skill.

70. INDIRECT AND CONSEQUENTIAL LOSS

Where New Zealand law permits liability to be limited, the Practice will not ordinarily be responsible for remote, indirect or consequential commercial loss arising from use of general website resources or free educational material where such loss was not reasonably foreseeable.

This clause does not limit statutory rights or liability that cannot legally be limited.

71. EVENTS OUTSIDE REASONABLE CONTROL

The Practice is not responsible for failure or delay caused by circumstances reasonably outside its control, including:

severe illness;
natural disaster;
power outage;
internet outage;
civil emergency;
venue closure;
transport disruption;
significant technology failure; or
another comparable event.

Where a paid service is materially affected, reasonable arrangements will be made concerning rescheduling, credit or another remedy where appropriate or legally required.

HEALTH AND DISABILITY CONSUMER RIGHTS

72. YOUR RIGHTS

People receiving health or disability services have rights under the Code of Health and Disability Services Consumers’ Rights.

These include rights relating to:

respect;
freedom from discrimination, coercion, harassment and exploitation;
dignity and independence;
appropriate standards of service;
effective communication;
being fully informed;
informed choice and informed consent;
support;
teaching and research; and
complaints.

These rights apply independently of these Terms.

73. COMPLAINTS

A client may raise a concern directly with Jason Swaffield by phone, email or during a session.

Complaints concerning health or counselling services will be addressed in accordance with applicable professional and statutory obligations.

Where applicable, a client may also contact:

the New Zealand Association of Counsellors (NZAC) regarding matters within its complaints jurisdiction;
the Nationwide Health and Disability Advocacy Service; or
the Health and Disability Commissioner.

A client may also contact the Office of the Privacy Commissioner concerning an eligible privacy complaint.

Making a complaint will not result in retaliatory treatment.

74. RESEARCH, TEACHING AND PUBLICATION

Participation in counselling does not automatically constitute consent for identifiable information to be used in research, teaching, publication or public case studies.

Where additional informed consent is required for research, teaching or another purpose, it will be sought separately.

Genuinely de-identified information may be used where this is permitted under applicable privacy, professional and ethical requirements.

GENERAL CONDITIONS

75. ELECTRONIC AGREEMENTS

Where a person completes an electronic consent form, ticks an agreement box, enters their name or initials as an electronic signature, or otherwise electronically confirms acceptance, the Practice may rely upon that confirmation as evidence that the person intended to agree to the relevant terms, subject to applicable New Zealand law.

76. CHANGES TO THESE TERMS

These Terms may be amended as:

services develop;
laws change;
professional standards change;
technology changes; or
Practice operations change.

The current version will be published on the website with an updated date.

A material change will not retrospectively remove a statutory right that has already arisen.

Where a change materially affects an existing therapeutic relationship, additional notice may be provided where appropriate.

77. SEVERABILITY

If a provision of these Terms is found to be invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will continue to operate.

78. NO WAIVER

Failure to enforce a contractual right on one occasion does not automatically waive the right to enforce it on another occasion.

79. NEW ZEALAND LAW

These Terms are governed by the laws of New Zealand.

Disputes will be subject to the courts, tribunals, regulators, professional complaints bodies and other processes having lawful jurisdiction in New Zealand.

80. CONTACT DETAILS

Jason Swaffield

Operating as:

MindBody Healing
The Gateway Centre for MindBody Healing
The Gateway Centre

Website: mindbodyhealing.co.nz
Email: jason@mindbodyhealing.co.nz
Phone: 022 474 2550
Location: Auckland, New Zealand

Privacy Officer: Jason Swaffield

Questions about these Terms, privacy, access to records, corrections, counselling services or complaints may be directed to the contact details above.

Third-party trademarks, names and intellectual property remain the property of their respective owners.