79C3C34C52B45572883A05D425EB0F82
New Zealand Public Healthand Disability Act 2000, Section 16
http://www.legislation.govt.nz/act/public/2000/0091/latest/whole.html
http://leaux.net/URLS/ConvertAPI Text Files/02512A890FAB3C135F0A197DD75ACCBB.en.txt
Examining the file media/Synopses/02512A890FAB3C135F0A197DD75ACCBB.html:
This file was generated: 2020-12-01 07:38:46
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator unlawful:
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p.000001: 51 Publication of notices
p.000001: 52 Membership of board
p.000001: 53 Exemption from Part 2 of Commerce Act 1986
p.000001: New Zealand Blood Service
p.000001: 54 NZBS
p.000001: 55 Functions of NZBS
p.000001: 56 Membership of board
p.000001: Health Promotion Agency
p.000001: 57 Health Promotion Agency established
p.000001: 58 Functions, duties, and powers of HPA
p.000001: 59 Provisions relating to grants, sponsorship, and other matters
p.000001: Levies
p.000001: 59AA Levies for alcohol-related purposes
p.000001: Health Quality and Safety Commission
p.000001: 59A Health Quality and Safety Commission
p.000001: 59B Objectives of HQSC
p.000001: 59C Functions of HQSC
p.000001: 59D Membership of board
p.000001: 59E HQSC may appoint mortality review committees
p.000001: Other provisions
p.000001: 60 Interpretation
p.000001: 61 Role of board
p.000001: 62 Duties of board members [Repealed]
p.000001: 63 Shares in bodies corporate or interests in associations [Repealed]
p.000001: 64 Annual plans [Repealed]
p.000001: 65 Restrictions on directions by Minister
p.000001: 66 Pharmac, NZBS, and HPA to operate in financially responsible manner
p.000001: 67 Accountability documents under Crown Entities Act 2004
p.000001: 68 Auditor [Repealed]
p.000001: 69 Provision of information
p.000001: 70 Further provisions
p.000001: Part 4A
p.000001: Family care policies
p.000001: 70A Purpose of this Part
p.000001: 70B Interpretation
p.000001: 70C Persons generally not to be paid for providing support services to family members
p.000001: 70D Family care policy
p.000001: 70E Claims of unlawful discrimination in respect of this Act or family care policy precluded
p.000001: 70F Certificates relating to family care policies
p.000001: 70G Savings
p.000001: Part 5
p.000001: Inquiries
p.000001: Inquiries and investigations under Commissions of Inquiry Act 1908
p.000001: 71 Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct
p.000001: inquiry or investigation
p.000001: Special health inquiries
p.000001: 72 Minister may appoint inquiry board to conduct special health inquiry
p.000001: 73 Consultation required before inquiry board appointed to inquire into certain matters
p.000001: 74 Discussion required before inquiry board appointed
p.000001: 75 Establishment and alteration of inquiry
p.000001: 76 Protection of inquiry board
p.000001: 77 Instructions as to procedure
p.000001: 78 Further requirements as to procedure
p.000001: 79 Inquiry hearings and evidence generally to be public
p.000001: 80 Supplementary procedure
p.000001: 81 Evidence
p.000001: 82 Powers to investigate
p.000001: 83 Power to summon witnesses
p.000001: 84 Service of summons
p.000001: 85 Protection of witnesses
p.000001: 86 Offences
p.000001: Part 6
p.000001: Miscellaneous provisions
p.000001: 87 Saving of certain transactions
p.000001: 88 Arrangements relating to payments
p.000001: 89 Principles of national consistency applicable to notices under section 88
p.000001: 90 Exclusion of liability
p.000001: 91 No compensation for loss of office
p.000001: 92 Regulations
p.000001: Part 7
p.000001: Transitional and consequential provisions
p.000001: 93 Interpretation
...
p.000001: (d) the limits on funding for support services provided to a family member, which may be expressed in
p.000001: any way, including by limiting the amounts that may be paid or the number of hours for which
p.000001: payment may be claimed.
p.000001: (4) Where, after the commencement of this Part, the Crown or a DHB adopts a family care policy, or changes
p.000001: or cancels a family care policy, the chief executive of the Ministry of Health or the DHB, as the case
p.000001: requires, must make a copy of the document that states the family care policy, or that changes or cancels
p.000001: it, available for inspection, on request, during working hours at the appropriate head office and at any
p.000001: other places that the chief executive determines are appropriate.
p.000001: (5) None of the following is a disallowable instrument for the purposes of the Legislation Act 2012:
p.000001: (a) a family care policy:
p.000001: (b) a change to a family care policy:
p.000001: (c) a determination cancelling a family care policy.
p.000001: (6) [Repealed]
p.000001: (7) [Repealed]
p.000001: Section 70D: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001: Section 70D(6): repealed, on 6 August 2013, by section 70D(7).
p.000001: Section 70D(7): repealed, on 6 August 2013, by section 70D(7).
p.000001:
p.000001: 70E Claims of unlawful discrimination in respect of this Act or family care policy
p.000001: precluded
p.000001: (1) In this section, specified allegation means any assertion to the effect that a person’s right to freedom
p.000001: from discrimination on 1 or more of the grounds stated in section 21(1)(b), (h), (i), and (l) of the Human
p.000001: Rights Act 1993, being the right affirmed by section 19 of the New Zealand Bill of Rights Act 1990, has
p.000001: been breached—
p.000001: (a) by this Part; or
p.000001: (b) by a family care policy; or
p.000001: (c) by anything done or omitted to be done in compliance, or intended compliance, with this Part or in
p.000001: compliance, or intended compliance, with a family care policy.
p.000001: (2) On and after the commencement of this Part, no complaint based in whole or in part on a specified
p.000001: allegation may be made to the Human Rights Commission, and no proceedings based in whole or in part
p.000001: on a specified allegation may be commenced or continued in any court or tribunal.
p.000001: (3) On and after the commencement of this Part, the Human Rights Commission must not take any action or
p.000001: any further action in relation to a complaint that—
p.000001: (a) was made after 15 May 2013; and
p.000001: (b) is, in whole or in part, based on a specified allegation.
p.000001: (4) On and after the commencement of this Part, neither the Human Rights Review Tribunal nor any court
p.000001: may hear, or continue to hear, or determine any civil proceedings that arise out of a complaint described in
p.000001: subsection (3).
p.000001: (5) Nothing in this section or in section 70D affects—
p.000001: (a) a complaint that is, in whole or in part, based on a specified allegation but that has been lodged with
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Political / criminal
Searching for indicator criminal:
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p.000001: (b) to advise on any other matters related to mortality that HQSC specifies in the notice.
p.000001: (2) A committee appointed under subsection (1) (a mortality review committee) must develop strategic
p.000001: plans and methodologies that—
p.000001: (a) are designed to reduce morbidity and mortality; and
p.000001: (b) are relevant to the committee’s functions.
p.000001: (3) HQSC—
p.000001: (a) must, at least annually, provide the Minister with a report on the progress of mortality review
p.000001: committees; and
p.000001: (b) must include each such report in HQSC’s next annual report.
p.000001: (4) The provisions of Schedule 5 apply in relation to a mortality review committee.
p.000001: (5) Every person who fails, without reasonable excuse, to comply with a requirement imposed under
p.000001: Schedule 5 by the chairperson of a mortality review committee commits an offence and is liable on
p.000001: conviction to a fine not exceeding $10,000.
p.000001: (6) Every person who discloses information contrary to Schedule 5 commits an offence and is liable on
p.000001: conviction to a fine not exceeding $10,000.
p.000001: (7) Any member of a registered occupational profession who commits an offence under subsection (5) or (6)
p.000001: is liable to any disciplinary proceedings of that profession in respect of the offence, whether or not he or
p.000001: she is fined under that subsection.
p.000001: Section 59E: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001: Section 59E(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001: Section 59E(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001:
p.000001: Other provisions
p.000001:
p.000001: 60 Interpretation
p.000001: In sections 61 to 69, organisation means each of the following organisations:
p.000001: (a) Pharmac:
p.000001: (b) NZBS:
p.000001: (c) HPA:
p.000001: (d) HQSC.
p.000001: Section 60(c): replaced, on 1 July 2012, by section 7 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 60(d): added, on 9 November 2010, by section 18 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 61 Role of board
p.000001: The board of an organisation has the role set out in section 25 of the Crown Entities Act 2004.
p.000001: Section 61: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 62 Duties of board members
p.000001: [Repealed]
p.000001: Section 62: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 63 Shares in bodies corporate or interests in associations
p.000001: [Repealed]
p.000001: Section 63: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 64 Annual plans
p.000001: [Repealed]
p.000001: Section 64: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 65 Restrictions on directions by Minister
p.000001: (1) [Repealed]
p.000001: (2) [Repealed]
p.000001: (3) No direction may be given to Pharmac under section 103 of the Crown Entities Act 2004 that would—
p.000001: (a) require Pharmac to purchase a pharmaceutical from a particular source or at a particular price; or
...
p.000001: or particulars it requires, and any copies of or extracts from any books, papers, documents, or
p.000001: records referred to in paragraph (b).
p.000001: (2) The inquiry board may, if it thinks fit, require that any written information or particulars or any copies or
p.000001: extracts given under this section be verified by statutory declaration or another means the inquiry board
p.000001: identifies.
p.000001: (3) Every person has the same privileges in relation to the giving of information to the inquiry board, the
p.000001: answering of questions put by the inquiry board, and the production of books, papers, documents,
p.000001: records, and things to the inquiry board, as witnesses have in courts of law.
p.000001: Compare: 1908 No 25 s 4C
p.000001:
p.000001: 83 Power to summon witnesses
p.000001: (1) If the Minister has given an inquiry board an instruction referred to in section 77(j) then, for the purposes
p.000001: of its inquiry, the inquiry board may issue a summons requiring any person to—
p.000001: (a) attend and give evidence; and
p.000001: (b) produce any books, papers, documents, records, or things in the person’s possession or control that
p.000001: are relevant to the subject of the inquiry.
p.000001: (2) A witness is not required to attend and give evidence or produce any things in accordance with a
p.000001: summons issued under subsection (1) unless, at the time of the service of the summons or at some other
p.000001: reasonable time before the day on which the attendance of the witness would, apart from this subsection,
p.000001: be required, there is tendered or paid to the witness a sum in respect of the witness’ allowances and
p.000001: travelling expenses in accordance with the scale prescribed for the time being by regulations made under
p.000001: the Criminal Procedure Act 2011.
p.000001: (3) The summons must be in writing and state the place and time at which the witness is required to attend.
p.000001: (4) The inquiry board may issue a summons on its own initiative or an application by any person for the
p.000001: purpose.
p.000001: (5) The power to issue the summons may be exercised by—
p.000001: (a) the sole or principal member of the inquiry board; or
p.000001: (b) any other member of the inquiry board purporting to act by direction or with the authority of the
p.000001: principal member of the inquiry board.
p.000001: Compare: 1908 No 25 s 4D
p.000001: Section 83(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001:
p.000001: 84 Service of summons
p.000001: (1) A summons to a witness may be served by—
p.000001: (a) delivering it to the witness; or
p.000001: (b) leaving it at the witness’ usual place of residence; or
p.000001: (c) posting it by registered post addressed to the witness at the witness’ usual place of residence.
p.000001: (2) The summons must be served at least 10 days before the day on which the attendance of the witness is
p.000001: required.
p.000001: (3) A summons served under subsection (1)(c) must be treated as having been served at the time when the
p.000001: letter would be delivered in the ordinary course of post.
p.000001: Compare: 1908 No 25 s 5
p.000001:
p.000001: 85 Protection of witnesses
p.000001: Every witness giving evidence, and every counsel or agent or other person appearing, before an inquiry
p.000001: board, has the same privileges and immunities as witnesses and counsel in courts of law.
p.000001: Compare: 1908 No 25 s 6
p.000001:
p.000001: 86 Offences
p.000001: (1) Every person commits an offence who, after being summoned to attend to give evidence before an
p.000001: inquiry board or to produce to it any books, papers, documents, records, or things, without sufficient
p.000001: cause,—
p.000001: (a) fails to attend in accordance with the summons; or
p.000001: (b) refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that
p.000001: the person is lawfully required by the inquiry board or any member of it to answer concerning the
p.000001: subject of the inquiry; or
p.000001: (c) fails to produce any such book, paper, document, record, or thing.
p.000001: (2) Every person commits an offence who without lawful excuse contravenes any order made by an inquiry
p.000001: board under section 79(3)(b) or (c).
p.000001: (3) Every person commits an offence who—
p.000001: (a) wilfully obstructs or hinders an inquiry board or any member of it or any authorised person in any
p.000001: inspection or examination of books, papers, documents, records, or things, under section 82(1)(a);
p.000001: or
p.000001: (b) without sufficient cause, fails to comply with any requirement of an inquiry board or any authorised
p.000001: person made under section 82(1)(b) or (c).
p.000001: (4) Every person commits an offence who wilfully interrupts or obstructs any hearing conducted by an inquiry
p.000001: board.
p.000001: (5) Every person who commits an offence against this section is liable on conviction to a fine not exceeding
p.000001: $10,000.
p.000001: Compare: 1908 No 25 s 9(1)–(3)
p.000001: Section 86(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001:
p.000001:
p.000001:
p.000001: Part 6
p.000001: Miscellaneous provisions
p.000001: 87 Saving of certain transactions
p.000001: The validity or enforceability of any deed, agreement, right, or obligation entered into, or incurred by, the
p.000001: Crown or a publicly-owned health and disability organisation is not affected by a failure by the Crown or
p.000001: the organisation to comply with—
p.000001: (a) any provision in sections 3, 4, or 8, or Parts 3 and 4; or
p.000001: (b) any regulations made under section 92(1)(e); or
p.000001: (c) any provision of Schedules 3 to 6; or
p.000001: (d) any provision in any statement of intent or plan prepared under section 38; or
p.000001: (e) any direction or requirement given under this Act or any other Act.
p.000001: Section 87(d): amended, on 24 February 2011, by section 22 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 88 Arrangements relating to payments
p.000001: (1) Where the Crown or a DHB gives notice of the terms and conditions on which the Crown or the DHB will
p.000001: make a payment to any person or persons, and, after notice is given, such a payment is accepted by any
p.000001: such person from the Crown or DHB, then—
p.000001: (a) acceptance by the person of the payment constitutes acceptance by the person of the terms and
p.000001: conditions; and
p.000001: (b) compliance by the person with the terms and conditions may be enforced by the Crown or DHB (as
p.000001: the case may be) as if the person had signed a deed under which the person agreed to the terms
p.000001: and conditions.
p.000001: (2) Any terms and conditions of which notice is given under subsection (1), unless they expressly provide
...
p.000001: is not liable to the organisation for any act or omission done or omitted in his or her capacity as a member,
p.000001: if he or she acted in good faith, and with reasonable care, in pursuance of the functions of the
p.000001: organisation.
p.000001: (2A) Section 59(3) of the Crown Entities Act 2004 (which provides that a statutory entity may bring an action
p.000001: against a member for breach of an individual duty) does not apply to a member of a publicly-owned health
p.000001: and disability organisation, unless it is shown by that publicly-owned health and disability organisation that
p.000001: the person did not act with good faith, or with reasonable care.
p.000001: (3) Every member of the board, or of any committee of the board, of a publicly-owned health and disability
p.000001: organisation is indemnified by the organisation—
p.000001: (a) for costs and damages for any civil liability arising from any action brought by a third party in respect
p.000001: of any act or omission done or omitted in his or her capacity as a member, if he or she acted in good
p.000001: faith, and with reasonable care, in pursuance of the functions of the organisation; and
p.000001: (b) for costs arising from any successfully defended criminal proceeding in relation to any such act or
p.000001: omission.
p.000001: (4) A member of a committee established or appointed under Part 2 is not liable for any act or omission done
p.000001: or omitted in his or her capacity as a member, if he or she acted in good faith, and with reasonable care,
p.000001: in pursuance of the functions of the committee.
p.000001: (5) Sections 120 to 126 of the Crown Entities Act 2004 do not apply to a publicly-owned health and disability
p.000001: organisation, members of the board or a committee of the board of a publicly-owned health and disability
p.000001: organisation, or office holders or employees of a publicly-owned health and disability organisation.
p.000001: Section 90(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 90(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 91 No compensation for loss of office
p.000001: Neither the Crown nor any publicly-owned health and disability organisation may make any payment to, or
p.000001: otherwise compensate, any person in respect of the person ceasing for any reason to hold any office
p.000001: established by or under this Act.
p.000001:
p.000001: 92 Regulations
p.000001: (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
p.000001: (a) imposing restrictions and requirements relating to reinsurance, service agreements, and notices
...
p.000001: amendments to that Act as at the date of the last amendment to it.
p.000001: 2 Legal status
p.000001: Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal
p.000001: enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides
p.000001: that this reprint, published in electronic form, has the status of an official version under section 17 of that
p.000001: Act. A printed version of the reprint produced directly from this official electronic version also has official
p.000001: status.
p.000001: 3 Editorial and format changes
p.000001: Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the
p.000001: Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/ .
p.000001: 4 Amendments incorporated in this reprint
p.000001: State Sector and Crown Entities Reform Act 2018 (2018 No 31): section 19
p.000001: Customs and Excise Act 2018 (2018 No 4): section 443(3)
p.000001: Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 (2016 No 17): section 50
p.000001: Health and Disability (Geographical Areas of DHBs) Order 2015 (LI 2015/133)
p.000001: Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.000001: Inquiries Act 2013 (2013 No 60): section 39
p.000001: Crown Entities Amendment Act 2013 (2013 No 51): sections 42, 72
p.000001: New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22)
p.000001: New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41)
p.000001: Criminal Procedure Act 2011 (2011 No 81): section 413
p.000001: New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118)
p.000001: Health and Disability (Establishment of Southern DHB) Order 2010 (SR 2010/78): clause 4
p.000001: Policing Act 2008 (2008 No 72): section 116(a)(ii)
p.000001: Human Tissue Act 2008 (2008 No 28): section 92
p.000001: New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63)
p.000001: Public Records Act 2005 (2005 No 40): section 67(1)
p.000001: Relationships (Statutory References) Act 2005 (2005 No 3): section 7
p.000001: Crown Entities Act 2004 (2004 No 115): section 200
p.000001: Health (Geographical Areas of District Health Boards) Order 2004 (SR 2004/227): clause 3
p.000001: New Zealand Public Health and Disability Amendment Act 2003 (2003 No 87)
p.000001: Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
p.000001: Local Electoral Amendment Act 2002 (2002 No 85): sections 51, 52
p.000001: Local Government Act 2002 (2002 No 84): section 262
p.000001: Local Electoral Act 2001 (2001 No 35): sections 150, 151
p.000001: Health (Constituencies of District Health Boards) Order 2001 (SR 2001/77): clause 7
p.000001: Health Sector (Transfers) Amendment Act 2000 (2000 No 92): section 4(3)
p.000001: New Zealand Public Health and Disability Act 2000 (2000 No 91): section 70D(7)
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: Home Advanced search Browse About this site Contact us News
p.000001: Site map Glossary Accessibility Copyright Privacy Disclaimer
...
Political / political affiliation
Searching for indicator party:
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p.000001: public health means the health of all of—
p.000001: (a) the people of New Zealand; or
p.000001: (b) a community or section of such people
p.000001: public health services means goods, services, and facilities provided for the purpose of improving,
p.000001: promoting, or protecting public health or preventing population-wide disease, disability, or injury; and
p.000001: includes—
p.000001: (a) regulatory functions relating to health or disability matters; and
p.000001: (b) health protection and health promotion services; and
p.000001: (c) goods, services, and facilities provided for related or incidental functions or purposes
p.000001: publicly available, in relation to a document, means that the document is promptly provided on request
p.000001: by any person on payment of a charge, if any, that is reasonable
p.000001: publicly-owned health and disability organisation means a DHB, Pharmac, NZBS, HPA, and HQSC
p.000001: resident population, in relation to a DHB, means the eligible people residing in the geographical area of
p.000001: the DHB (as specified in Schedule 1)
p.000001: service agreement has the meaning given to it by section 25
p.000001: services means health services and disability support services
p.000001: statement of intent means a statement of intent prepared in accordance with the Crown Entities Act
p.000001: 2004 and section 42 or section 67
p.000001: transaction, in relation to a DHB, means—
p.000001: (a) the exercise or performance of a function, duty, or power of the DHB; or
p.000001: (b) an arrangement, agreement, or contract to which the DHB is a party; or
p.000001: (c) a proposal that the DHB enter into an arrangement, agreement, or contract.
p.000001: (2) For the purposes of this Act, a person who is a member of a board of a DHB or a member of a committee
p.000001: of such board or a delegate of such board is interested in a transaction of a DHB if, and only if, the
p.000001: board member or member of the committee or the delegate—
p.000001: (a) is a party to, or will derive a financial benefit from, the transaction; or
p.000001: (b) has a financial interest in another party to the transaction; or
p.000001: (c) is a director, member, official, partner, or trustee of another party to, or person who will or may
p.000001: derive a financial benefit from, the transaction, not being a party that is—
p.000001: (i) the Crown; or
p.000001: (ii) a publicly-owned health and disability organisation; or
p.000001: (iii) a body that is wholly owned by 1 or more publicly-owned health and disability organisations; or
p.000001: (d) is the parent, child, spouse or partner of another party to, or person who will or may derive a
p.000001: financial benefit from, the transaction; or
p.000001: (e) is otherwise directly or indirectly interested in the transaction.
p.000001: (3) A person is not interested in a transaction for the purposes of subsection (2)—
p.000001: (a) if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to
p.000001: influence him or her in carrying out his or her responsibilities under this Act or another Act; or
p.000001: (b) because he or she receives remuneration or other benefits authorised under this Act or another Act.
p.000001: Section 6(1) annual plan: repealed, on 24 February 2011, by section 5(1) of the New Zealand Public Health and Disability Amendment
p.000001: Act 2010 (2010 No 118).
p.000001: Section 6(1) board: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) CHFA: repealed, on 1 July 2012, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2012 (2012
p.000001: No 41).
p.000001: Section 6(1) conflict of interest: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) conflict of interest paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act
p.000001: 2005 (2005 No 3).
...
p.000001: (1) Subpart 1 of Part 3 of the Crown Entities Act 2004 applies to the giving of Ministerial directions.
p.000001: (2) Without limiting subsection (1), the Minister may, under that Act, give a DHB any directions—
p.000001: (a) that specify the persons who are eligible to receive services funded under this Act; and
p.000001: (b) that the Minister considers necessary or expedient in relation to any matter relating to the DHB; and
p.000001: (c) that are consistent with the objectives and functions of the DHB.
p.000001: (3) No direction may require the supply to any person of any information relating to an individual that would
p.000001: enable the identification of the individual.
p.000001: (4) Section 33, and not this section nor Part 3 of the Crown Entities Act 2004, applies to a direction that would
p.000001: more appropriately be given under section 33.
p.000001: Section 32: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 33 Minister may require provision of services
p.000001: (1) The Minister may, from time to time, by written notice to a DHB, require the DHB to provide or arrange for
p.000001: the provision of any services that are specified in the notice, but the notice may not—
p.000001: (a) require the supply of services to any named individuals or organisations; or
p.000001: (b) require the supply of services by any named individuals or organisations (other than any DHB); or
p.000001: (c) specify the price for any services.
p.000001: (2) Before giving the notice, the Minister must—
p.000001: (a) have regard to section 22 and section 23, the New Zealand health strategy, the New Zealand
p.000001: disability strategy, and any plan prepared under section 38 that the DHB is a party to; and
p.000001: (b) consult the board of the DHB as to the services that are to be required to be provided or arranged,
p.000001: and the cost and funding of those services.
p.000001: (3) A notice under subsection (1) is a direction for the purposes of the Crown Entities Act 2004 and must be
p.000001: published in the Gazette and presented to the House of Representatives in accordance with section 115
p.000001: of that Act.
p.000001: Section 33(2)(a): amended, on 24 February 2011, by section 13 of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 33(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 33A Proposals and directions in relation to administrative, support, and procurement
p.000001: services
p.000001: (1) A proposal stating how administrative, support, and procurement services within the public health and
p.000001: disability sector should be obtained may be submitted to the Minister by the Director-General or any
p.000001: person or body approved by the Minister for the purpose.
p.000001: (2) If the Minister has reason to believe that the proposal will enhance the effective and efficient operation of
p.000001: the public health and disability sector and should be implemented, the Minister must—
p.000001: (a) consider whether the proposal can be reasonably implemented without a direction under subsection
p.000001: (3); and
p.000001: (b) consult any DHB that is not already a party to the proposal and is likely to be affected by it; and
p.000001: (c) consult any other person or body that the Minister considers appropriate.
p.000001: (3) If the Minister considers that the proposal cannot be reasonably implemented otherwise, he or she may
p.000001: give a direction to 1 or more DHBs—
p.000001: (a) stating how administrative, support, and procurement services must be obtained (for example,
p.000001: specifying a process to be followed in obtaining those services); or
p.000001: (b) stating who must provide particular administrative, support, and procurement services for the DHB
p.000001: or DHBs.
p.000001: (4) The direction must be in writing and must be signed by the Minister and the Minister of Finance.
p.000001: (5) Sections 113 and 114(3)(a) of the Crown Entities Act 2004 do not apply to this section.
p.000001: (6) In this section, administrative, support, and procurement services—
p.000001: (a) means services that do not relate directly to, but are necessary for, the provision of care to patients
p.000001: or care or support to people with disabilities; and
p.000001: (b) without limiting the generality of paragraph (a), includes any of the following:
p.000001: (i) procurement of non-clinical and clinical supplies:
p.000001: (ii) financial services:
p.000001: (iii) human resources and payroll services:
p.000001: (iv) clerical services:
p.000001: (v) facilities management, engineering, and maintenance services:
p.000001: (vi) information systems and technology.
p.000001: Section 33A: inserted, on 24 February 2011, by section 14 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: Ministerial directions to all DHBs
...
p.000001: must provide for Maori representation on the committee.
p.000001:
p.000001: 35 Disability support advisory committees
p.000001: The board of a DHB must, within 3 months of the commencement of this Act, establish a committee, to
p.000001: advise on disability issues, called the disability support advisory committee, and must provide for Maori
p.000001: representation on the committee.
p.000001:
p.000001: 36 Hospital advisory committees
p.000001: The board of a DHB must, within 3 months of the commencement of this Act, establish a committee, to
p.000001: advise on matters relating to hospitals, called the hospital advisory committee, and must provide for Maori
p.000001: representation on the committee.
p.000001:
p.000001: Accountability of DHBs
p.000001: 37 Responsibility of board
p.000001: [Repealed]
p.000001: Section 37: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 38 Planning framework and requirements
p.000001: (1) The Minister—
p.000001: (a) must direct every DHB to prepare a plan for each financial year beginning on or after 1 July 2011;
p.000001: and
p.000001: (b) may direct a DHB to prepare or contribute to 1 or more other plans.
p.000001: (2) Every plan—
p.000001: (a) must address—
p.000001: (i) local, regional, and national needs for health services; and
p.000001: (ii) how health services can be properly co-ordinated to meet those needs; and
p.000001: (iii) the optimum arrangement for the most effective and efficient delivery of health services; and
p.000001: (b) must demonstrate how a DHB that is a party to the plan is to give effect to the purposes of this Act;
p.000001: and
p.000001: (c) must demonstrate how a DHB that is a party to the plan is to operate in a financially responsible
p.000001: manner; and
p.000001: (d) must reflect the overall direction set out in, and not be inconsistent with, the New Zealand health
p.000001: strategy and the New Zealand disability strategy.
p.000001: (3) A DHB that is a party to a plan must comply with any requirements (including any procedural
p.000001: requirements) relating to the plan that are stated in regulations (if any).
p.000001: (4) The plan is finalised once it is—
p.000001: (a) approved by the Minister after he or she is satisfied that the requirements of subsections (2) and (3)
p.000001: have been met; and
p.000001: (b) signed by the Minister and every DHB that is a party to the plan.
p.000001: (5) A DHB that is a party to the plan must give effect to it and any amendments to it.
p.000001: (6) The plan may be amended at any time in the same manner as it was made.
p.000001: (7) A DHB that is a party to the plan must ensure that the plan and any amendments to it are publicly
p.000001: available as soon as is reasonably practicable after the plan is finalised.
p.000001: (8) In making the plan (and any amendments to it) publicly available, a DHB may omit any information that
p.000001: may properly be withheld under the Official Information Act 1982 if a request for that information were
p.000001: made under that Act.
p.000001: Section 38: substituted, on 24 February 2011, by section 15 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 39 Resolution of disputes over contents of plan
p.000001: (1) The Minister may act under subsection (2) if, after the Minister directs 1 or more DHBs to prepare or
p.000001: contribute to a plan under section 38,—
p.000001: (a) 2 or more DHBs that are parties to the plan cannot agree on its contents; or
p.000001: (b) 1 or more DHBs that are parties to the plan and the Minister cannot agree on its contents.
p.000001: (2) If subsection (1) applies, the Minister may establish an advisory body and refer the dispute to it for its
p.000001: consideration and advice.
p.000001: (3) The advisory body must consist of at least 3 members, each appointed by the Minister on any terms and
p.000001: conditions (including terms and conditions as to remuneration and travelling allowances and expenses)
p.000001: that the Minister determines by written notice to the member.
p.000001: (4) The Minister must—
p.000001: (a) make a decision on the dispute by taking into account the advice given by the advisory body; and
p.000001: (b) as soon as practicable after making the decision, publish the decision in general terms on an
p.000001: Internet site operated by the Ministry of Health.
p.000001: (5) A DHB that is a party to the dispute must give effect to the Minister’s decision.
p.000001: Section 39: substituted, on 24 February 2011, by section 15 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 40 Consultation on proposed changes to annual plan
p.000001: [Repealed]
p.000001: Section 40: repealed, on 24 February 2011, by section 15 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: Financial provisions
p.000001:
p.000001: 41 DHBs to operate in financially responsible manner
p.000001: (1) Every DHB must operate in a financially responsible manner and, for this purpose, must endeavour to
p.000001: cover all its annual costs (including the cost of capital) from its net annual income.
p.000001: (2) This section does not limit section 51 of the Crown Entities Act 2004.
p.000001: Section 41(1): substituted, on 23 April 2011, by section 16 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001: Section 41(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 42 Accountability documents under Crown Entities Act 2004
p.000001: (1) Each DHB must prepare statements of intent, annual financial statements, and annual reports in
p.000001: accordance with Part 4 of the Crown Entities Act 2004 and regulations made under section 92(1)(d) of this
p.000001: Act.
p.000001: (2) Without limiting sections 141 to 149 of the Crown Entities Act 2004 , every statement of intent of a DHB
p.000001: must include provisions stating the procedure for any disposal of land transferred to, or vested in, the
...
p.000001: Section 50(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 51 Publication of notices
p.000001: The Minister must, as soon as practicable after giving a notice under section 47 or section 48, publish in
p.000001: the Gazette, and present to the House of Representatives, a copy of the notice.
p.000001:
p.000001: 52 Membership of board
p.000001: (1) The board of Pharmac consists of up to 6 members appointed under section 28 of the Crown Entities Act
p.000001: 2004.
p.000001: (2) [Repealed]
p.000001: (3) [Repealed]
p.000001: Section 52(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 52(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 52(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 53 Exemption from Part 2 of Commerce Act 1986
p.000001: (1) In this section, unless the context otherwise requires,—
p.000001: agreement—
p.000001: (a) includes any agreement, arrangement, contract, covenant, deed, or understanding, whether oral or
p.000001: written, whether express or implied, and whether or not enforceable at law; and
p.000001: (b) without limiting the generality of paragraph (a), includes any contract of service and any agreement,
p.000001: arrangement, contract, covenant, or deed, creating or evidencing a trust
p.000001: pharmaceuticals means substances or things that are medicines, therapeutic medical devices, or
p.000001: products or things related to pharmaceuticals.
p.000001: (2) It is declared that nothing in Part 2 of the Commerce Act 1986 applies to—
p.000001: (a) any agreement to which Pharmac is a party and that relates to pharmaceuticals for which full or part-
p.000001: payments may be made from money appropriated under the Public Finance Act 1989; or
p.000001: (b) any act, matter, or thing, done by any person for the purposes of entering into such an agreement;
p.000001: or
p.000001: (c) any act, matter, or thing, done by any person to give effect to such an agreement.
p.000001:
p.000001: New Zealand Blood Service
p.000001:
p.000001: 54 NZBS
p.000001: (1) An organisation called the New Zealand Blood Service ( NZBS) is established.
p.000001: (2) NZBS is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000001: (3) The Crown Entities Act 2004 applies to NZBS except to the extent that this Act expressly provides
p.000001: otherwise.
p.000001: (4) NZBS is owned by the Crown.
p.000001: Section 54(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 54(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 54(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 55 Functions of NZBS
p.000001: (1) The functions of NZBS are—
p.000001: (a) to manage the donation, collection, processing, and supply of blood, controlled human substances,
p.000001: and related or incidental matters, in accordance with its statement of intent (including the statement
p.000001: of forecast service performance) and (subject to section 65) any directions given under the Crown
p.000001: Entities Act 2004; and
p.000001: (b) if it is an appointed entity (as defined in section 55 of the Human Tissue Act 2008 ), to perform the
p.000001: functions for which it is for the time being responsible under section 63 of that Act; and
...
p.000001: section.
p.000001:
p.000001: 90 Exclusion of liability
p.000001: (1) A member of a board, or of a committee of a board, of a publicly-owned health and disability organisation
p.000001: is not liable for any liability, or act or omission, of the organisation.
p.000001: (2) A member of a board, or of a committee of a board, of a publicly-owned health and disability organisation
p.000001: is not liable to the organisation for any act or omission done or omitted in his or her capacity as a member,
p.000001: if he or she acted in good faith, and with reasonable care, in pursuance of the functions of the
p.000001: organisation.
p.000001: (2A) Section 59(3) of the Crown Entities Act 2004 (which provides that a statutory entity may bring an action
p.000001: against a member for breach of an individual duty) does not apply to a member of a publicly-owned health
p.000001: and disability organisation, unless it is shown by that publicly-owned health and disability organisation that
p.000001: the person did not act with good faith, or with reasonable care.
p.000001: (3) Every member of the board, or of any committee of the board, of a publicly-owned health and disability
p.000001: organisation is indemnified by the organisation—
p.000001: (a) for costs and damages for any civil liability arising from any action brought by a third party in respect
p.000001: of any act or omission done or omitted in his or her capacity as a member, if he or she acted in good
p.000001: faith, and with reasonable care, in pursuance of the functions of the organisation; and
p.000001: (b) for costs arising from any successfully defended criminal proceeding in relation to any such act or
p.000001: omission.
p.000001: (4) A member of a committee established or appointed under Part 2 is not liable for any act or omission done
p.000001: or omitted in his or her capacity as a member, if he or she acted in good faith, and with reasonable care,
p.000001: in pursuance of the functions of the committee.
p.000001: (5) Sections 120 to 126 of the Crown Entities Act 2004 do not apply to a publicly-owned health and disability
p.000001: organisation, members of the board or a committee of the board of a publicly-owned health and disability
p.000001: organisation, or office holders or employees of a publicly-owned health and disability organisation.
p.000001: Section 90(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 90(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 91 No compensation for loss of office
...
p.000001: any statistical year is deemed to be the same as the total number of litres of wine sold by winemakers
p.000001: during that year.
p.000001: (4) For the purposes of clauses 5 and 6, the total number of litres of wine sold in New Zealand during any
p.000001: financial year is deemed to be the same as the total number of litres of wine sold in New Zealand during
p.000001: the preceding statistical year.
p.000001: (5) For the purposes of clause 3(2) and Schedule 4B, alcohol that is exported from New Zealand during the
p.000001: preceding statistical year is not to be treated as alcohol that is imported into or manufactured in New
p.000001: Zealand.
p.000001:
p.000001: 2 Minister to assess aggregate expenditure figure and determine aggregate levy figure
p.000001: (1) For each financial year, the Minister, acting with the concurrence of the Minister of Finance, must assess
p.000001: the aggregate expenditure figure for that year that, in his or her opinion, would be reasonable for HPA to
p.000001: expend during that year—
p.000001: (a) in addressing alcohol-related harm; and
p.000001: (b) in meeting its operating costs that are attributable to alcohol-related activities.
p.000001: (2) Having assessed the aggregate expenditure figure for any financial year under subclause (1), the Minister
p.000001: must determine the aggregate levy figure for that year, being an amount equal to the aggregate
p.000001: expenditure figure less the amount that, in his or her opinion, is likely to be received by HPA during the
p.000001: financial year by way of interest on money invested by HPA or from third party or other revenue.
p.000001: (3) Nothing in this clause obliges HPA to expend in any financial year the whole of its income received in that
p.000001: year, and HPA may accumulate any part of its income in any financial year and expend it as it sees fit for
p.000001: any of its purposes in any subsequent financial year.
p.000001: (4) Despite subclause (2), if HPA carries forward any such amount to a subsequent financial year, the
p.000001: Minister may, in determining the aggregate levy figure for that year, take into account the whole or any
p.000001: part of that amount.
p.000001:
p.000001: 3 Minister to determine amounts of levy for each class of alcohol
p.000001: (1) After assessing the aggregate levy figure for any financial year, the Minister must determine, in
p.000001: accordance with subclause (2), the amounts of the levies payable under clause 5, in respect of each class
p.000001: of alcohol, in order to yield an amount equivalent to the aggregate levy figure.
p.000001: (2) The process for determining the amounts of levy is as follows:
p.000001: (a) Step 1—for each class of alcohol, determine the total number of litres of that class of alcohol that
p.000001: was imported into or manufactured in New Zealand during the preceding statistical year:
p.000001: (b) Step 2—for each class of alcohol, multiply the result of step 1 by the appropriate rate, as set out in
p.000001: the table in Schedule 4B. This gives the (nominal) total number of litres of alcohol for each class of
p.000001: alcohol:
p.000001: (c) Step 3—for each class of alcohol, divide the number of litres of alcohol for that class by the total
p.000001: number of litres of alcohol for all classes. This gives the proportion of the aggregate levy figure that
p.000001: is to be borne by that class of alcohol in the next financial year:
...
p.000001: Section 2(1): sections 4(1), 5(1), 8(2) and (3), 10 to 15, 22, 23, and 27 brought into force, on 24 February 2011, by clause 2 of the New
p.000001: Zealand Public Health and Disability Amendment Act 2010 Commencement Order 2011 (SR 2011/7).
p.000001: Part 2
p.000001: Transitional arrangements and amendments to other enactments
p.000001: Transitional arrangements
p.000001:
p.000001: 27 Transitional arrangements for district strategic plans and district annual plans
p.000001: (1) Every district strategic plan of a DHB that is in force immediately before the commencement of section 15
p.000001: of this Act continues in force until the sooner of—
p.000001: (a) the expiry of the district strategic plan:
p.000001: (b) the commencement of the new plan.
p.000001: (2) Every district annual plan of a DHB that is in force immediately before the commencement of section 15 of
p.000001: this Act continues in force until the sooner of—
p.000001: (a) the expiry of the district annual plan:
p.000001: (b) the commencement of the new plan.
p.000001: (3) While a plan that is continued in force by subsection (1) or (2) continues in force, the principal Act applies
p.000001: to it as if this Act had not been enacted.
p.000001: (4) In this section, unless the context otherwise requires,—
p.000001: district annual plan means a plan determined under section 39 of the principal Act
p.000001: district strategic plan means a plan determined under section 38 of the principal Act
p.000001: new plan means, in relation to a DHB, a plan—
p.000001: (a) prepared under section 38 of the principal Act as substituted by section 15 of this Act; and
p.000001: (b) to which the DHB is a party; and
p.000001: (c) that would apply in the place of the DHB’s district strategic plan, or as the case requires, district
p.000001: annual plan.
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: New Zealand Public Health and Disability Amendment Act 2012
p.000001: Public Act 2012 No 41
p.000001: Date of assent 6 June 2012
p.000001: Commencement see section 2
p.000001:
p.000001: 1 Title
p.000001: This Act is the New Zealand Public Health and Disability Amendment Act 2012 .
p.000001:
p.000001: 2 Commencement
p.000001: This Act comes into force on 1 July 2012.
p.000001:
p.000001: 3 Principal Act amended
p.000001: This Act amends the New Zealand Public Health and Disability Act 2000.
p.000001:
p.000001: Provisions relating to disestablishment of Alcohol Advisory Council and Health Sponsorship
p.000001: Council
p.000001: 15 Interpretation
p.000001: In sections 16 to 24, unless the context otherwise requires,—
p.000001: Alcohol Advisory Council means the Alcohol Advisory Council of New Zealand established by
p.000001: section 3(1) of the Alcohol Advisory Council Act 1976
p.000001: Health Sponsorship Council means the Health Sponsorship Council established by section 43(1) of the
p.000001: Smoke-free Environments Act 1990.
p.000001:
p.000001: 16 Disestablishment of councils
p.000001: On the commencement of this section,—
p.000001: (a) the Alcohol Advisory Council and the Health Sponsorship Council are disestablished; and
p.000001: (b) the term of office of the members of those councils ends.
p.000001:
p.000001: 17 Transfer of property and liabilities of councils
p.000001: On and from the commencement of this section,—
...
Health / Cognitive Impairment
Searching for indicator impairment:
(return to top)
p.000001: 70D Family care policy
p.000001: (1) The Crown and any DHB are, and have always have been, authorised —
p.000001: (a) to adopt or have a family care policy:
p.000001: (b) to change a family care policy:
p.000001: (c) to cancel a family care policy:
p.000001: (d) to replace a family care policy.
p.000001: (2) Any family care policy that the Crown or any DHB had immediately before the commencement of this Part
p.000001: continues in effect, and the Crown or the DHB may change, cancel, or replace that family care policy.
p.000001: (3) A family care policy that the Crown or a DHB adopts or has on or after the commencement of this Part
p.000001: may state, and a family care policy that the Crown or a DHB adopted or had before that commencement
p.000001: has always been authorised to state or to have the effect of stating, 1 or more of the following:
p.000001: (a) cases in which persons may be paid for providing support services to family members, including,
p.000001: without limitation, by reference to 1 or more of the following matters:
p.000001: (i) the nature of the familial relationship between the person who provides the support services
p.000001: and the family member to whom the support services are provided:
p.000001: (ii) the impairment or condition of the family member to whom the support services are provided,
p.000001: which may include references to the effects of the impairment or condition or the degree of its
p.000001: severity, or both:
p.000001: (iii) the age of the family member to whom the support services are provided:
p.000001: (iv) the place of residence of the family member to whom the support services are provided:
p.000001: (v) the place of residence of the person who provides the support services:
p.000001: (vi) the needs of the family member to whom the support services are provided and the needs of
p.000001: his or her family:
p.000001: (b) the conditions that must be satisfied before payments for support services provided to a family
p.000001: member are made:
p.000001: (c) the rates, or ways of setting the rates, of payment for support services provided to family members,
p.000001: which may be lower than the rates of payment for comparable support services provided to persons
p.000001: who are not family members:
p.000001: (d) the limits on funding for support services provided to a family member, which may be expressed in
p.000001: any way, including by limiting the amounts that may be paid or the number of hours for which
p.000001: payment may be claimed.
p.000001: (4) Where, after the commencement of this Part, the Crown or a DHB adopts a family care policy, or changes
...
Health / Drug Usage
Searching for indicator drug:
(return to top)
p.000001: Lakeland Health Limited Lakes DHB
p.000001: Pacific Health Limited Bay of Plenty DHB
p.000001: Tairawhiti Healthcare Limited Tairawhiti DHB
p.000001: Taranaki Healthcare Limited Taranaki DHB
p.000001: Healthcare Hawke’s Bay Limited Hawke’s Bay DHB
p.000001: Good Health Wanganui Limited Whanganui DHB
p.000001: MidCentral Health Limited MidCentral DHB
p.000001: Hutt Valley Health Corporation Limited Hutt DHB
p.000001: Capital Coast Health Limited Capital and Coast DHB
p.000001: Wairarapa Health Limited Wairarapa DHB
p.000001: Nelson Marlborough Health Services Limited Nelson Marlborough DHB
p.000001: Coast Health Care Limited West Coast DHB
p.000001: Canterbury Health Limited, Healthlink South Limited Canterbury DHB
p.000001: Health South Canterbury Limited South Canterbury DHB
p.000001: HealthCare Otago Limited Otago DHB
p.000001: Southern Health Limited Southland DHB
p.000001:
p.000001:
p.000001: Schedule 8
p.000001: Consequential revocations of instruments
p.000001: s 110(2)
p.000001:
p.000001: Drug Tariff 1993 (SR 1993/115)
p.000001: Health and Disability Services Amendment Act 1998 Commencement Order 1998
p.000001: (SR 1998/239)
p.000001:
p.000001: Health and Disability Services Amendment Act Commencement Order 1995
p.000001: (SR 1995/303)
p.000001:
p.000001: Health and Disability Services (Establishment of Transitional Health Authority) Order
p.000001: 1997 (SR 1997/57)
p.000001:
p.000001: Health and Disability Services (Health Funding Authority) Order 1997 (SR 1997/312)
p.000001:
p.000001: Health Reforms (Transitional Provisions) Regulations 1993 (SR 1993/170)
p.000001:
p.000001: Hospital Boards and Committees of Management Regulations 1959 (SR 1959/130)
p.000001:
p.000001: Hospital Districts (Borough of Kapiti) Order 1974 (SR 1974/219)
p.000001:
p.000001: Hospital Districts Order 1988 (SR 1988/311)
p.000001:
p.000001: Hospitals Amendment Act (No 2) Commencement Order 1972 (SR 1972/38)
p.000001: Hospitals (Tuarangi Home) Order 1969 (SR 1969/37)
p.000001:
p.000001: Revocation of Health and Disability Service (Employment Contracts) Order 2000
p.000001: (SR 2000/165)
p.000001: Revocation of Regional Health Authorities Establishment Order 1997 (SR 1997/99)
p.000001:
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: s 111(1)
p.000001:
p.000001: Accident Insurance Act 1998 (1998 No 114)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Charitable Trusts Act 1957 (1957 No 18)
...
Searching for indicator influence:
(return to top)
p.000001: (2) For the purposes of this Act, a person who is a member of a board of a DHB or a member of a committee
p.000001: of such board or a delegate of such board is interested in a transaction of a DHB if, and only if, the
p.000001: board member or member of the committee or the delegate—
p.000001: (a) is a party to, or will derive a financial benefit from, the transaction; or
p.000001: (b) has a financial interest in another party to the transaction; or
p.000001: (c) is a director, member, official, partner, or trustee of another party to, or person who will or may
p.000001: derive a financial benefit from, the transaction, not being a party that is—
p.000001: (i) the Crown; or
p.000001: (ii) a publicly-owned health and disability organisation; or
p.000001: (iii) a body that is wholly owned by 1 or more publicly-owned health and disability organisations; or
p.000001: (d) is the parent, child, spouse or partner of another party to, or person who will or may derive a
p.000001: financial benefit from, the transaction; or
p.000001: (e) is otherwise directly or indirectly interested in the transaction.
p.000001: (3) A person is not interested in a transaction for the purposes of subsection (2)—
p.000001: (a) if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to
p.000001: influence him or her in carrying out his or her responsibilities under this Act or another Act; or
p.000001: (b) because he or she receives remuneration or other benefits authorised under this Act or another Act.
p.000001: Section 6(1) annual plan: repealed, on 24 February 2011, by section 5(1) of the New Zealand Public Health and Disability Amendment
p.000001: Act 2010 (2010 No 118).
p.000001: Section 6(1) board: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) CHFA: repealed, on 1 July 2012, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2012 (2012
p.000001: No 41).
p.000001: Section 6(1) conflict of interest: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) conflict of interest paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act
p.000001: 2005 (2005 No 3).
p.000001: Section 6(1) conflict of interest paragraph (c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) Crown entity subsidiary: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) Crown entity subsidiary: amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013
p.000001: No 51).
...
Searching for indicator substance:
(return to top)
p.000001: otherwise.
p.000001: (4) NZBS is owned by the Crown.
p.000001: Section 54(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 54(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 54(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 55 Functions of NZBS
p.000001: (1) The functions of NZBS are—
p.000001: (a) to manage the donation, collection, processing, and supply of blood, controlled human substances,
p.000001: and related or incidental matters, in accordance with its statement of intent (including the statement
p.000001: of forecast service performance) and (subject to section 65) any directions given under the Crown
p.000001: Entities Act 2004; and
p.000001: (b) if it is an appointed entity (as defined in section 55 of the Human Tissue Act 2008 ), to perform the
p.000001: functions for which it is for the time being responsible under section 63 of that Act; and
p.000001: (c) to undertake any other functions it is for the time being given by or under any enactment, or
p.000001: authorised to perform by the Minister by written notice to the board of NZBS after consultation with
p.000001: it, in accordance with its statement of intent (including the statement of forecast service
p.000001: performance) and (subject to section 65) any directions given under the Crown Entities Act 2004 .
p.000001: (2) The Minister must, as soon as practicable after giving a notice under subsection (1), publish in the
p.000001: Gazette, and present to the House of Representatives, a copy of the notice.
p.000001: (3) In this section, blood and controlled human substance have the same meaning as in section 55 of the
p.000001: Human Tissue Act 2008.
p.000001: Section 55(1)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 55(1)(b): amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
p.000001: Section 55(1)(c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 55(3): amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
p.000001:
p.000001: 56 Membership of board
p.000001: (1) The board of NZBS consists of up to 7 members appointed under section 28 of the Crown Entities Act
p.000001: 2004.
p.000001: (2) [Repealed]
p.000001: (3) [Repealed]
p.000001: Section 56(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 56(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 56(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Health Promotion Agency
p.000001: Heading: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 57 Health Promotion Agency established
p.000001: (1) An organisation called the Health Promotion Agency ( HPA) is established.
p.000001: (2) HPA is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000001: (3) The board of HPA consists of not fewer than 5 and not more than 7 members appointed under section 28
p.000001: of the Crown Entities Act 2004.
p.000001: (4) The Crown Entities Act 2004 applies to HPA except to the extent that this Act expressly provides
p.000001: otherwise.
...
Health / Mentally Disabled
Searching for indicator disabled:
(return to top)
p.000001:
p.000001: Hospital Boards and Committees of Management Regulations 1959 (SR 1959/130)
p.000001:
p.000001: Hospital Districts (Borough of Kapiti) Order 1974 (SR 1974/219)
p.000001:
p.000001: Hospital Districts Order 1988 (SR 1988/311)
p.000001:
p.000001: Hospitals Amendment Act (No 2) Commencement Order 1972 (SR 1972/38)
p.000001: Hospitals (Tuarangi Home) Order 1969 (SR 1969/37)
p.000001:
p.000001: Revocation of Health and Disability Service (Employment Contracts) Order 2000
p.000001: (SR 2000/165)
p.000001: Revocation of Regional Health Authorities Establishment Order 1997 (SR 1997/99)
p.000001:
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: s 111(1)
p.000001:
p.000001: Accident Insurance Act 1998 (1998 No 114)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Charitable Trusts Act 1957 (1957 No 18)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Civil Defence Act 1983 (1983 No 46)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Contraception, Sterilisation, and Abortion Act 1977 (1977 No 112)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Dental Act 1988 (1988 No 150)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Education Act 1989 (1989 No 80)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Electoral Act 1993 (1993 No 87)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Employment Relations Act 2000 (2000 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Finance Act 1994 (1994 No 73)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Hazardous Substances and New Organisms Act 1996 (1996 No 30)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Act 1956 (1956 No 65)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Amendment Act 1998 (1998 No 86)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health and Disability Commissioner Act 1994 (1994 No 88)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Research Council Act 1990 (1990 No 68)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Sector (Transfers) Act 1993 (1993 No 23)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Hospitals Act 1957 (1957 No 40)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Income Tax Act 1994 (1994 No 164)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Land Transport Act 1998 (1998 No 110)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Local Government Act 1974 (1974 No 66)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
...
Searching for indicator disability:
(return to top)
p.000001: QUICK SEARCH
p.000001: Printing order Tagged sections/clauses Web feeds?
p.000001: New Zealand Legislation All SEARCH
p.000001:
p.000001: title content ? My recent searches
p.000001:
p.000001:
p.000001:
p.000001: Home Advanced search Browse About this site
p.000001:
p.000001: Skip to main content
p.000001: Advanced search Add to web
p.000001: Browse
p.000001: About this site feed
p.000001: New Zealand Public Health and Disability Act 2000
p.000001: How the site works
p.000001: Contact us
p.000001: Order a commercial
p.000001: print
p.000001: News
p.000001: Site map
p.000001: Warning: Some amendments have not yet been incorporated
p.000001: Glossary
p.000001: Access keys
p.000001: Search within this Act Accessibility SEARCH
p.000001:
p.000001: Copyright
p.000001: Privacy
p.000001: By sections Disclaimer
p.000001: View whole (841KB) Versions and amendments Print/Download PDF [1.0MB]
p.000001:
p.000001:
p.000001: Contents Previous section Next section Tag section Remove Previous hit Next hit
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: Reprint as at 31 October 2018
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: New Zealand Public Health and Disability Act 2000
p.000001: Public Act 2000 No 91
p.000001: Date of assent 14 December 2000
p.000001: Commencement see section 2
p.000001:
p.000001: Note
p.000001: Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
p.000001: Note 4 at the end of this reprint provides a list of the amendments incorporated.
p.000001:
p.000001: This Act is administered by the Ministry of Health.
p.000001:
p.000001:
p.000001:
p.000001: Contents
p.000001: 1 Title
p.000001: Part 1
p.000001: Preliminary provisions
p.000001: 2 Commencement
p.000001: 3 Purpose
p.000001: 4 Treaty of Waitangi
p.000001: 5 Outline
p.000001: 6 Interpretation
p.000001: 7 Act to bind the Crown
p.000001: Part 2
p.000001: Responsibilities of Minister
p.000001: 8 Health and disability strategies
p.000001: 9 Strategies for standards and quality assurance programmes
p.000001: 10 Crown funding agreements
p.000001: 11 Ministerial committees
p.000001: 12 Information about committees to be made public
p.000001: 13 National advisory committee on health and disability
p.000001: 14 Public health advisory committee
p.000001: 15 Health workforce advisory committee
p.000001: 16 National advisory committee on health and disability support services ethics
p.000001: 17 National health epidemiology and quality assurance advisory committee [Repealed]
p.000001:
p.000001: 18 Mortality review committees [Repealed]
p.000001: Part 3
p.000001: District Health Boards
p.000001: 19 Establishment of DHBs
p.000001: 20 Process for restructuring geographical areas of DHBs
p.000001: 21 Application of Crown Entities Act 2004 to DHBs
p.000001: 22 Objectives of DHBs
p.000001: 23 Functions of DHBs
p.000001: 24 Co-operative agreements and arrangements
p.000001: 25 Service agreements
p.000001: Boards of DHBs
p.000001: 26 Role of board
p.000001: 27 Duties of board
p.000001: 28 Shares in bodies corporate or interests in associations
p.000001: 29 Membership of boards
p.000001: 30 Crown monitors to sit on boards
p.000001: 31 Replacement of board by commissioner
p.000001: 32 Ministerial directions
p.000001: 33 Minister may require provision of services
p.000001: 33A Proposals and directions in relation to administrative, support, and procurement
p.000001: services
p.000001: Ministerial directions to all DHBs
p.000001: 33B Minister may give directions to all DHBs
p.000001: Committees
p.000001: 34 Community and public health advisory committees
p.000001: 35 Disability support advisory committees
p.000001: 36 Hospital advisory committees
p.000001: Accountability of DHBs
p.000001: 37 Responsibility of board [Repealed]
p.000001: 38 Planning framework and requirements
p.000001: 39 Resolution of disputes over contents of plan
p.000001: 40 Consultation on proposed changes to annual plan [Repealed]
p.000001: Financial provisions
p.000001: 41 DHBs to operate in financially responsible manner
p.000001: 42 Accountability documents under Crown Entities Act 2004
p.000001: 43 Auditor [Repealed]
p.000001: Miscellaneous
p.000001: 44 Provision of information
p.000001: 45 Other provisions in schedules
p.000001: Part 4
p.000001: Other publicly-owned health and disability organisations
p.000001: Pharmaceutical Management Agency
p.000001: 46 Pharmac
p.000001: 47 Objectives of Pharmac
p.000001: 48 Functions of Pharmac
p.000001: 49 Pharmac to consult in implementing objectives and carrying out functions
p.000001: 50 Board of Pharmac to establish advisory committees
p.000001: 51 Publication of notices
p.000001: 52 Membership of board
p.000001: 53 Exemption from Part 2 of Commerce Act 1986
p.000001: New Zealand Blood Service
p.000001: 54 NZBS
p.000001: 55 Functions of NZBS
p.000001: 56 Membership of board
p.000001: Health Promotion Agency
p.000001: 57 Health Promotion Agency established
p.000001: 58 Functions, duties, and powers of HPA
p.000001: 59 Provisions relating to grants, sponsorship, and other matters
p.000001: Levies
p.000001: 59AA Levies for alcohol-related purposes
p.000001: Health Quality and Safety Commission
p.000001: 59A Health Quality and Safety Commission
p.000001: 59B Objectives of HQSC
p.000001: 59C Functions of HQSC
p.000001: 59D Membership of board
p.000001: 59E HQSC may appoint mortality review committees
p.000001: Other provisions
p.000001: 60 Interpretation
p.000001: 61 Role of board
p.000001: 62 Duties of board members [Repealed]
p.000001: 63 Shares in bodies corporate or interests in associations [Repealed]
p.000001: 64 Annual plans [Repealed]
p.000001: 65 Restrictions on directions by Minister
p.000001: 66 Pharmac, NZBS, and HPA to operate in financially responsible manner
p.000001: 67 Accountability documents under Crown Entities Act 2004
p.000001: 68 Auditor [Repealed]
p.000001: 69 Provision of information
p.000001: 70 Further provisions
p.000001: Part 4A
p.000001: Family care policies
p.000001: 70A Purpose of this Part
p.000001: 70B Interpretation
...
p.000001: 70F Certificates relating to family care policies
p.000001: 70G Savings
p.000001: Part 5
p.000001: Inquiries
p.000001: Inquiries and investigations under Commissions of Inquiry Act 1908
p.000001: 71 Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct
p.000001: inquiry or investigation
p.000001: Special health inquiries
p.000001: 72 Minister may appoint inquiry board to conduct special health inquiry
p.000001: 73 Consultation required before inquiry board appointed to inquire into certain matters
p.000001: 74 Discussion required before inquiry board appointed
p.000001: 75 Establishment and alteration of inquiry
p.000001: 76 Protection of inquiry board
p.000001: 77 Instructions as to procedure
p.000001: 78 Further requirements as to procedure
p.000001: 79 Inquiry hearings and evidence generally to be public
p.000001: 80 Supplementary procedure
p.000001: 81 Evidence
p.000001: 82 Powers to investigate
p.000001: 83 Power to summon witnesses
p.000001: 84 Service of summons
p.000001: 85 Protection of witnesses
p.000001: 86 Offences
p.000001: Part 6
p.000001: Miscellaneous provisions
p.000001: 87 Saving of certain transactions
p.000001: 88 Arrangements relating to payments
p.000001: 89 Principles of national consistency applicable to notices under section 88
p.000001: 90 Exclusion of liability
p.000001: 91 No compensation for loss of office
p.000001: 92 Regulations
p.000001: Part 7
p.000001: Transitional and consequential provisions
p.000001: 93 Interpretation
p.000001: Assets and liabilities of dissolved entities to vest in publicly-owned health and disability
p.000001: organisations
p.000001: 94 Health Funding Authority dissolved and assets and liabilities vested in the Crown
p.000001: 95 Hospital and health services dissolved and assets and liabilities vested in DHBs
p.000001: 96 Assets and liabilities of New Zealand Blood Service Limited vested in NZBS
p.000001: 97 Former directors of New Zealand Blood Service Limited to be transitional members of
p.000001: NZBS
p.000001: 98 Pharmaceutical Management Agency Limited dissolved and assets and liabilities
p.000001: vested in Pharmac
p.000001: 99 Former directors of Pharmaceutical Management Agency Limited to be transitional
p.000001: members of board of Pharmac
p.000001: 100 Health Sector (Transfers) Act 1993 to apply to vestings under this Act
p.000001: 101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of
p.000001: dissolved entities and certain employees of Ministry of Health
p.000001: 102 References to dissolved entities to be references to their successors
p.000001: 103 Persons in whom assets and liabilities vested deemed dissolved entities for certain
p.000001: purposes
p.000001: Transitional provisions relating to annual reports and financial statements of dissolved
p.000001: entities
p.000001: 104 Meaning of final report
p.000001: 105 Final reports of dissolved entities
p.000001: All positions on boards of DHBs filled by appointment until first elections
p.000001: 106 Transitional board members
p.000001: Amendments to other Acts
p.000001: 107 Amendments to Commerce Act 1986
p.000001: 108 Amendments to State Sector Act 1988
p.000001: 109 Amendment to Mental Health Commission Act 1998
p.000001: Consequential repeals, revocations, and amendments
p.000001: 110 Consequential repeals and revocations
p.000001: 111 Consequential amendments
p.000001: 112 Saving
p.000001: Appropriations for purposes of Act
p.000001: 113 Interim authority of Crown to incur liabilities
p.000001: Transitional provisions relating to New Zealand health strategy and New Zealand
p.000001: disability strategy
p.000001: 114 Consultation for first New Zealand health strategy and first New Zealand disability
p.000001: strategy
p.000001: Schedule 1
p.000001: DHBs and their geographical areas
p.000001: Schedule 2
p.000001: Membership of boards: Election and appointment of members, and effect of
p.000001: boundary changes on membership
p.000001: Schedule 3
p.000001: Provisions applying to DHBs and their boards
p.000001: Schedule 4
p.000001: Provisions applying to community and public health advisory committees,
p.000001: disability support advisory committees, and hospital advisory committees
p.000001: Schedule 4A
p.000001: Provisions relating to imposition and payment of HPA levies
p.000001: Schedule 4B
p.000001: Classes of alcohol and rates for each class
p.000001: Schedule 5
p.000001: Provisions applying to mortality review committees
p.000001: Schedule 6
p.000001: Further provisions applying to Pharmac, NZBS, HPA, and HQSC
p.000001: Schedule 7
p.000001: Vesting of assets and liabilities of hospital and health services in DHBs
p.000001: Schedule 8
p.000001: Consequential revocations of instruments
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: Schedule 10
p.000001: Consequential amendments to other instruments
p.000001:
p.000001: New Zealand Public Health and Disability Amendment Act 2010
p.000001: New Zealand Public Health and Disability Amendment Act 2012
p.000001: Reprint notes
p.000001:
p.000001:
p.000001: 1 Title
p.000001: This Act is the New Zealand Public Health and Disability Act 2000.
p.000001:
p.000001:
p.000001: Part 1
p.000001: Preliminary provisions
p.000001: 2 Commencement
p.000001: (1) Sections 8, 106, and 114 come into force on the day after the date on which this Act receives the Royal
p.000001: assent.
p.000001: (2) The rest of this Act comes into force on 1 January 2001.
p.000001:
p.000001: 3 Purpose
p.000001: (1) The purpose of this Act is to provide for the public funding and provision of personal health services,
p.000001: public health services, and disability support services, and to establish new publicly-owned health and
p.000001: disability organisations, in order to pursue the following objectives:
p.000001: (a) to achieve for New Zealanders—
p.000001: (i) the improvement, promotion, and protection of their health:
p.000001: (ii) the promotion of the inclusion and participation in society and independence of people with
p.000001: disabilities:
p.000001: (iii) the best care or support for those in need of services:
p.000001: (b) to reduce health disparities by improving the health outcomes of Maori and other population groups:
p.000001: (c) to provide a community voice in matters relating to personal health services, public health services,
p.000001: and disability support services—
p.000001: (i) by providing for elected board members of DHBs:
p.000001: (ii) by providing for board meetings and certain committee meetings to be open to the public:
p.000001: (iii) by providing for consultation on strategic planning:
p.000001: (d) to facilitate access to, and the dissemination of information to deliver, appropriate, effective, and
p.000001: timely health services, public health services and programmes, both for the protection and the
p.000001: promotion of public health, and disability support services.
p.000001: (2) The objectives stated in subsection (1) are to be pursued to the extent that they are reasonably
p.000001: achievable within the funding provided.
p.000001: (3) To avoid any doubt, nothing in this Act—
p.000001: (a) entitles a person to preferential access to services on the basis of race; or
p.000001: (b) limits section 73 of the Human Rights Act 1993 (which relates to measures to ensure equality).
p.000001: (4) In giving effect to the purposes set out in subsection (1), the Crown and DHBs must endeavour to promote
p.000001: the integration of all health services, especially primary and secondary services.
p.000001: (5) In giving effect to the purposes set out in subsection (1), the Crown and DHBs must endeavour to provide
p.000001: for health services to be organised at either a local, regional, or national level depending on the optimum
p.000001: arrangement for the most effective delivery of properly co-ordinated health services.
p.000001:
p.000001: 4 Treaty of Waitangi
p.000001: In order to recognise and respect the principles of the Treaty of Waitangi, and with a view to improving
p.000001: health outcomes for Maori, Part 3 provides for mechanisms to enable Maori to contribute to decision-
p.000001: making on, and to participate in the delivery of, health and disability services.
p.000001: 5 Outline
p.000001: (1) In general terms, this Act relates to, and reorganises, the public health and disability sector.
p.000001: (2) Ministerial responsibilities (Part 2) include—
p.000001: (a) determining health and disability strategies ( section 8):
p.000001: (b) negotiating and entering into agreements under which the Crown provides a person money in return
p.000001: for the person providing or arranging for the provision of health services or disability support
p.000001: services (section 10):
p.000001: (c) establishing and appointing committees (section 11), including—
p.000001: (i) a national advisory committee on health and disability (section 13):
p.000001: (ii) a health workforce advisory committee (section 15):
p.000001: (iii) a national advisory committee on health and disability support services ethics (section 16):
p.000001: (iv) mortality review committees (section 18 and Schedule 5).
p.000001: (3) District Health Boards (DHBs) are established ( Part 3 and Schedules 1 to 3), and take over functions like
p.000001: those of Hospital and Health Services (HHSs), which are dissolved (Part 7). DHBs—
p.000001: (a) have boards that include members elected by the community and representation of Maori:
p.000001: (b) will provide, or fund the provision of, health services and disability support services:
p.000001: (c) have the objective of reducing health disparities by improving health outcomes for Maori and other
p.000001: New Zealanders:
p.000001: (d) are statutory entities rather than companies:
p.000001: (e) are accountable in a number of ways ( under the Crown Entities Act 2004 and sections 38 to 42), for
p.000001: example, through plans prepared under section 38, and statements of intent.
p.000001: (4) The board of each DHB must have 3 permanent advisory committees (the community and public health
p.000001: advisory committee, disability support advisory committee, and hospital advisory committee (sections 34
p.000001: to 36 and Schedule 4)), but may also establish other committees (Schedule 3— clause 38(1)).
p.000001: (5) A statutory entity called the Pharmaceutical Management Agency ( Pharmac) is established (Part 4
p.000001: —sections 46 to 53, and sections 61 to 69, and Schedule 6), and takes over functions relating to the
p.000001: pharmaceutical schedule from the company called Pharmaceutical Management Agency Limited, which is
p.000001: dissolved (Part 7).
p.000001: (6) A statutory entity called the New Zealand Blood Service ( NZBS) is established (Part 4—sections 54 to 56,
p.000001: and sections 61 to 69, and Schedule 6), and takes over functions relating to blood and controlled human
p.000001: substances from the company called New Zealand Blood Service Limited, which is dissolved (Part 7).
p.000001: (7) A Crown entity called the Health Promotion Agency ( HPA) is established (Part 4—sections 57 to 59).
p.000001: (7A) A statutory entity called the Health Quality and Safety Commission ( HQSC) is established (Part 4
p.000001: —sections 59A to 59E, 60, 61, 66, 67, and 69 and Schedule 6), and has functions that relate to the
p.000001: improvement of the quality and safety of health and disability support services.
p.000001: (8) Inquiry boards may be appointed by the Minister of Health to conduct an inquiry into, and report to the
p.000001: Minister on, matters like the funding or provision of health services or disability support services, or the
p.000001: management of any publicly-owned health and disability organisation (Part 5—sections 72 to 86).
p.000001: (9) The Health Funding Authority (HFA) is dissolved, and its functions, employees, and assets and liabilities
p.000001: transferred to the Crown, acting through the Ministry of Health (Part 7). However, funding of the provision
p.000001: of health services or disability support services may be further devolved under this Act.
p.000001: (10) Subsections (1) to (9) are only a guide to the general scheme and effect of this Act.
p.000001: Section 5(3)(d): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(3)(e): amended, on 24 February 2011, by section 4(1) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2011 No 118).
p.000001: Section 5(3)(e): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(6): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(7): replaced, on 1 July 2012, by section 4 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 5(7A): inserted, on 9 November 2010, by section 4(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 6 Interpretation
p.000001: (1) In this Act, unless the context otherwise requires,—
p.000001: board, in relation to a publicly-owned health and disability organisation, means the members of the board
p.000001: of the organisation
p.000001: board committee, in relation to the board of a DHB, means the community and public health advisory
p.000001: committee, disability support advisory committee, or hospital advisory committee, and any other
p.000001: committee of the board appointed under clause 38(1) of Schedule 3
p.000001: board member, in relation to a publicly-owned health and disability organisation, means a member of the
p.000001: board of that organisation
p.000001: community and public health advisory committee means a committee established under section 34
p.000001: conflict of interest, in relation to a person and a DHB, includes—
p.000001: (a) the person’s interest in a transaction (within the meaning of subsection (2)) of the DHB; and
p.000001: (b) the person’s interest that would, if the person were a member of the board of the DHB or a member
p.000001: of a committee of that board or a delegate of that board, be an interest in a transaction (within the
p.000001: meaning of subsection (2)) of the DHB; and
p.000001: (c) to avoid any doubt, the employment or engagement of the person, or of the person’s spouse or
p.000001: partner, as an employee or contractor of the DHB
p.000001: Crown means Her Majesty the Queen in right of New Zealand
p.000001: Crown entity subsidiary has the meaning set out in the second column of section 7(1)(c) of the Crown
p.000001: Entities Act 2004
p.000001: Crown funding agreement has the meaning given to it by section 10
p.000001: DHB means an organisation established as a DHB by or under section 19
p.000001: Director-General means the chief executive or acting chief executive under the State Sector Act 1988 of
p.000001: the Ministry of Health
p.000001: disability support advisory committee means a committee established under section 35
p.000001: disability support services includes goods, services, and facilities—
p.000001: (a) provided to people with disabilities for their care or support or to promote their inclusion and
p.000001: participation in society, and independence; or
p.000001: (b) provided for purposes related or incidental to the care or support of people with disabilities or to the
p.000001: promotion of the inclusion and participation in society, and independence of such people
p.000001: eligible people means people who are eligible to receive services funded under this Act, as specified by
p.000001: the Minister in a direction issued under section 103 of the Crown Entities Act 2004
p.000001: good employer has the same meaning as in section 118 of the Crown Entities Act 2004
p.000001: health practitioner—
p.000001: (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.000001: 2003; and
p.000001: (b) includes—
p.000001: (i) a former health practitioner within the meaning of that section; and
p.000001: (ii) a person who is receiving training or gaining experience under the supervision of a health
p.000001: practitioner
p.000001: health professional body has the same meaning as that given to the term authority by section 5(1) of
p.000001: the Health Practitioners Competence Assurance Act 2003
p.000001: health services means personal health services and public health services
p.000001: hospital advisory committee means a committee established under section 36
p.000001: HPA means the Health Promotion Agency established by section 57
p.000001: HQSC means the Health Quality and Safety Commission established by section 59A(1)
p.000001: inquiry board has the meaning specified in section 72(1)
p.000001: Maori, in sections 29(4), 34, 35, and 36, and clause 38(2) of Schedule 3, means a person of the Maori
p.000001: race of New Zealand, and includes any descendant of such a person
p.000001: Minister means the Minister of Health
p.000001: Ministry of Health means the department of the Public Service referred to by that name
p.000001: monitor, in relation to a Crown funding agreement and in relation to the functions specified in section
p.000001: 23(1)(i) and in section 25,—
p.000001: (a) means to analyse on the basis of information provided under any relevant agreement and any other
p.000001: relevant substantiated information; and
p.000001: (b) includes assessing the timeliness of provision of information required to be provided under any
p.000001: agreement
p.000001: New Zealand disability strategy means a strategy referred to in section 8(2)
p.000001: New Zealand health strategy means a strategy referred to in section 8(1)
p.000001: NZBS means the New Zealand Blood Service established by section 54
p.000001: partner, in the phrase “spouse or partner” and in related contexts, means a civil union partner or de facto
p.000001: partner
p.000001: personal health means the health of an individual
p.000001: personal health services means goods, services, and facilities provided to an individual for the purpose
p.000001: of improving or protecting the health of that individual, whether or not they are also provided for another
p.000001: purpose; and includes goods, services, and facilities provided for related or incidental purposes
p.000001: Pharmac means the Pharmaceutical Management Agency established by section 46
p.000001: pharmaceutical means a medicine, therapeutic medical device, or related product or related thing
p.000001: pharmaceutical schedule means the list of pharmaceuticals for the time being in force that states, in
p.000001: respect of each pharmaceutical, the subsidy that the Crown intends to provide for the supply of that
p.000001: pharmaceutical to a person who is eligible for the subsidy
p.000001: provider means a person who provides, or arranges the provision of, services
p.000001: public health means the health of all of—
p.000001: (a) the people of New Zealand; or
p.000001: (b) a community or section of such people
p.000001: public health services means goods, services, and facilities provided for the purpose of improving,
p.000001: promoting, or protecting public health or preventing population-wide disease, disability, or injury; and
p.000001: includes—
p.000001: (a) regulatory functions relating to health or disability matters; and
p.000001: (b) health protection and health promotion services; and
p.000001: (c) goods, services, and facilities provided for related or incidental functions or purposes
p.000001: publicly available, in relation to a document, means that the document is promptly provided on request
p.000001: by any person on payment of a charge, if any, that is reasonable
p.000001: publicly-owned health and disability organisation means a DHB, Pharmac, NZBS, HPA, and HQSC
p.000001: resident population, in relation to a DHB, means the eligible people residing in the geographical area of
p.000001: the DHB (as specified in Schedule 1)
p.000001: service agreement has the meaning given to it by section 25
p.000001: services means health services and disability support services
p.000001: statement of intent means a statement of intent prepared in accordance with the Crown Entities Act
p.000001: 2004 and section 42 or section 67
p.000001: transaction, in relation to a DHB, means—
p.000001: (a) the exercise or performance of a function, duty, or power of the DHB; or
p.000001: (b) an arrangement, agreement, or contract to which the DHB is a party; or
p.000001: (c) a proposal that the DHB enter into an arrangement, agreement, or contract.
p.000001: (2) For the purposes of this Act, a person who is a member of a board of a DHB or a member of a committee
p.000001: of such board or a delegate of such board is interested in a transaction of a DHB if, and only if, the
p.000001: board member or member of the committee or the delegate—
p.000001: (a) is a party to, or will derive a financial benefit from, the transaction; or
p.000001: (b) has a financial interest in another party to the transaction; or
p.000001: (c) is a director, member, official, partner, or trustee of another party to, or person who will or may
p.000001: derive a financial benefit from, the transaction, not being a party that is—
p.000001: (i) the Crown; or
p.000001: (ii) a publicly-owned health and disability organisation; or
p.000001: (iii) a body that is wholly owned by 1 or more publicly-owned health and disability organisations; or
p.000001: (d) is the parent, child, spouse or partner of another party to, or person who will or may derive a
p.000001: financial benefit from, the transaction; or
p.000001: (e) is otherwise directly or indirectly interested in the transaction.
p.000001: (3) A person is not interested in a transaction for the purposes of subsection (2)—
p.000001: (a) if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to
p.000001: influence him or her in carrying out his or her responsibilities under this Act or another Act; or
p.000001: (b) because he or she receives remuneration or other benefits authorised under this Act or another Act.
p.000001: Section 6(1) annual plan: repealed, on 24 February 2011, by section 5(1) of the New Zealand Public Health and Disability Amendment
p.000001: Act 2010 (2010 No 118).
p.000001: Section 6(1) board: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) CHFA: repealed, on 1 July 2012, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2012 (2012
p.000001: No 41).
p.000001: Section 6(1) conflict of interest: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) conflict of interest paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act
p.000001: 2005 (2005 No 3).
p.000001: Section 6(1) conflict of interest paragraph (c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) Crown entity subsidiary: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) Crown entity subsidiary: amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013
p.000001: No 51).
p.000001: Section 6(1) district strategic plan: repealed, on 24 February 2011, by section 5(1) of the New Zealand Public Health and Disability
p.000001: Amendment Act 2010 (2010 No 118).
p.000001: Section 6(1) eligible people: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) good employer: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) health practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance
p.000001: Act 2003 (2003 No 48).
p.000001: Section 6(1) health professional body: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence
p.000001: Assurance Act 2003 (2003 No 48).
p.000001: Section 6(1) HPA: inserted, on 1 July 2012, by section 5(3) of the New Zealand Public Health and Disability Amendment Act 2012 (2012
p.000001: No 41).
p.000001: Section 6(1) HQSC: inserted, on 9 November 2010, by section 5(2) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 6(1) partner: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.000001: Section 6(1) publicly-owned health and disability organisation: amended, on 1 July 2012, by section 5(2) of the New Zealand Public
p.000001: Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 6(1) publicly-owned health and disability organisation: amended, on 9 November 2010, by section 5(3) of the New Zealand
p.000001: Public Health and Disability Amendment Act 2010 (2010 No 118).
p.000001: Section 6(1) RHMU: repealed, on 17 May 2005, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2005
p.000001: (2005 No 63).
p.000001: Section 6(1) sitting day: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) spouse: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.000001: Section 6(1) statement of intent: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) subsidiary: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) transaction: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) transaction paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) transaction paragraph (b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) transaction paragraph (c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(2)(d): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.000001: Section 6(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 7 Act to bind the Crown
p.000001: This Act binds the Crown.
p.000001:
p.000001:
p.000001: Part 2
p.000001: Responsibilities of Minister
p.000001: 8 Health and disability strategies
p.000001: (1) The Minister must determine a strategy for health services, called the New Zealand health strategy, to
p.000001: provide the framework for the Government’s overall direction of the health sector in improving the health
p.000001: of people and communities; and the Minister may amend or replace that strategy at any time.
p.000001: (2) The Minister of the Crown who is responsible for disability issues must determine a strategy for disability
p.000001: support services, called the New Zealand disability strategy, to provide the framework for the
p.000001: Government’s overall direction of the disability sector in improving disability support services; and may
p.000001: amend or replace that strategy at any time.
p.000001: (3) Before determining the New Zealand health strategy or the New Zealand disability strategy, or amending
p.000001: or replacing either of them, the relevant Minister must consult any organisations and individuals that the
p.000001: Minister considers appropriate.
p.000001: (4) The relevant Minister must in each year report on progress in implementing the New Zealand health
p.000001: strategy or the New Zealand disability strategy, as the case may require.
p.000001: (5) The relevant Minister must make publicly available, and present to the House of Representatives, a copy
p.000001: of any strategy, amendment, replacement, or report as soon as practicable after the strategy,
p.000001: amendment, replacement, or report has been determined or made under this section.
p.000001:
p.000001: 9 Strategies for standards and quality assurance programmes
p.000001: (1) The Minister must, as soon as reasonably practicable after the commencement of this section, determine
p.000001: a strategy for the development and use of—
p.000001: (a) nationally consistent standards and quality assurance programmes for health services and
p.000001: consumer safety; and
p.000001: (b) nationally consistent performance monitoring of health services and consumer safety against those
p.000001: standards and programmes.
p.000001: (2) Before determining the strategy, or amending or replacing it, the Minister must consult any organisations
p.000001: that the Minister considers appropriate.
p.000001: (3) The Minister must in each year report on progress in implementing the strategy.
p.000001: (4) The Minister must make publicly available, and present to the House of Representatives, a copy of any
p.000001: strategy, amendment, replacement, or report as soon as practicable after the strategy, amendment,
p.000001: replacement, or report has been determined or made.
p.000001:
p.000001: 10 Crown funding agreements
p.000001: (1) In this Act, Crown funding agreement means an agreement that the Crown enters into with any person,
p.000001: under which the Crown agrees to provide money in return for the person providing, or arranging for the
p.000001: provision of, services specified in the agreement.
p.000001: (2) The Minister may, on behalf of the Crown,—
...
p.000001: notice in the Gazette.
p.000001: (6) [Repealed]
p.000001: Section 10(2A): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
p.000001: Section 10(6): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
p.000001:
p.000001: 11 Ministerial committees
p.000001: (1) The Minister may by written notice—
p.000001: (a) establish any committee that the Minister considers necessary or desirable for any purpose relating
p.000001: to this Act or its administration or to any services; and
p.000001: (b) appoint any person to be a member or chairperson of the committee; and
p.000001: (c) terminate the committee or the appointment of a member or chairperson of the committee.
p.000001: (2) Every committee established under this section (other than the committees referred to in sections 13 to
p.000001: 16) has the functions that the Minister determines by written notice to the committee.
p.000001: (3) Every committee established under this section—
p.000001: (a) consists of such members as the Minister determines; and
p.000001: (b) may, subject to any written directions that the Minister gives to the committee, regulate its procedure
p.000001: in any manner that the committee thinks fit.
p.000001: (4) Each member of a committee established under this section is appointed on any terms and conditions
p.000001: (including terms and conditions as to remuneration and travelling allowances and expenses) that the
p.000001: Minister determines by written notice to the member.
p.000001: (5) Nothing in this section or in sections 13 to 16 limits any powers that the Minister has under any other
p.000001: enactment or rule of law.
p.000001: Section 11(2): amended, on 23 April 2011, by section 6(1) of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001: Section 11(5): amended, on 23 April 2011, by section 6(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 12 Information about committees to be made public
p.000001: (1) As soon as practicable—
p.000001: (a) after giving a notice establishing any committee under section 11, the Minister must present to the
p.000001: House of Representatives a copy of the notice that includes or has attached to it the following
p.000001: information:
p.000001: (i) the name of the committee; and
p.000001: (ii) the number of members of the committee:
p.000001: (b) after giving a notice appointing any person to be a member or chairperson of a committee
p.000001: established under section 11, the Minister must present to the House of Representatives a copy of
p.000001: the notice that includes or has attached to it the following information:
p.000001: (i) the name of the chairperson of the committee; and
p.000001: (ii) the names of the members of that committee.
p.000001: (2) As soon as practicable after giving a notice terminating any committee established under section 11, the
p.000001: Minister must present to the House of Representatives a copy of the notice that includes or has attached
p.000001: to it the following information:
p.000001: (a) the name of the committee terminated; and
p.000001: (b) the reason or reasons for the termination of the committee.
p.000001: (3) As soon as practicable after giving a notice under section 11(2) determining a function of a committee
p.000001: established under section 11, the Minister must present to the House of Representatives a copy of the
p.000001: notice that includes or has attached to it the following information:
p.000001: (a) the functions of the committee; and
p.000001: (b) any other terms of reference or directions (other than directions as to procedure).
p.000001: (4) As soon as practicable after giving, under section 11(3)(b), a written direction as to the procedure of a
p.000001: committee established under section 11, the Minister must present to the House of Representatives a
p.000001: copy of the direction.
p.000001: (5) In every annual report of the Ministry of Health, the Ministry must—
p.000001: (a) give the following information in respect of every committee established under section 11:
p.000001: (i) the name of the committee:
p.000001: (ii) the name of the chairperson of the committee:
p.000001: (iii) the name of every member of the committee; and
p.000001: (b) indicate whether there is a committee established under section 11 that has not reported to the
p.000001: Minister in the year to which the report relates.
p.000001:
p.000001: 13 National advisory committee on health and disability
p.000001: (1) The Minister may appoint a committee established under section 11, to be known as the national advisory
p.000001: committee on health and disability, to advise the Minister on—
p.000001: (a) the kinds, and relative priorities, of public health services, personal health services, and disability
p.000001: support services that should, in the committee’s opinion, be publicly funded; and
p.000001: (b) other matters relating to public health, including—
p.000001: (i) personal health matters relating to public health; and
p.000001: (ii) regulatory matters relating to public health; and
p.000001: (c) any other matters that the Minister specifies by notice to the committee.
p.000001: (2) The advice given by the committee to the Minister under subsection (1) is to be formulated after
p.000001: consultation by the committee with any members of the public, persons involved in the provision of
p.000001: services, and other persons that the committee considers appropriate.
p.000001: (3) The committee must, at least once each year, deliver to the Minister a report setting out its advice on the
p.000001: matters referred to in subsection (1)(a) and (b).
p.000001: (4) As soon as practicable after giving a notice under subsection (1)(c) or receiving a report under subsection
p.000001: (3), the Minister must present a copy of the notice or report to the House of Representatives.
p.000001:
p.000001: 14 Public health advisory committee
p.000001: (1) The national advisory committee on health and disability must establish a committee called the public
p.000001: health advisory committee to provide independent advice to the Minister and to the national advisory
p.000001: committee on health and disability on the following matters:
p.000001: (a) public health issues, including factors underlying the health of people and communities:
p.000001: (b) the promotion of public health:
p.000001: (c) the monitoring of public health:
p.000001: (d) any other matters the national advisory committee on health and disability specifies by notice to the
p.000001: committee.
p.000001: (2) The advice given by the public health advisory committee is to be formulated after consultation by the
p.000001: committee with any interested organisation or individual that the committee considers appropriate.
p.000001: (3) The Minister must make publicly available, and present to the House of Representatives, a copy of any
p.000001: advice given by the public health advisory committee.
p.000001:
p.000001: 15 Health workforce advisory committee
p.000001: (1) The Minister may appoint a committee established under section 11 to advise the Minister on health
p.000001: workforce issues that the Minister specifies by notice to the committee.
p.000001: (2) The advice given by the committee to the Minister under subsection (1) is to be formulated after
p.000001: consultation by the committee with persons involved in the provision of services and any other persons
p.000001: that the committee considers appropriate.
p.000001: (3) As soon as practicable after giving a notice under subsection (1), the Minister must present a copy of the
p.000001: notice to the House of Representatives.
p.000001: (4) The committee must, at least once a year, deliver to the Minister a report setting out its advice on the
p.000001: matters referred to it under subsection (1).
p.000001: (5) As soon as practicable after receiving a report under subsection (4), the Minister must present a copy of
p.000001: the report to the House of Representatives.
p.000001:
p.000001: 16 National advisory committee on health and disability support services ethics
p.000001: (1) The Minister must, by written notice, appoint a national advisory committee on the ethics governing health
p.000001: and disability support services for the purpose of obtaining advice on ethical issues of national
p.000001: significance in respect of any health and disability matters (including research and health services).
p.000001: (2) The national advisory committee appointed under subsection (1) must determine nationally consistent
p.000001: ethical standards across the health sector and provide scrutiny for national health research and health
p.000001: services.
p.000001: (3) For the purpose of obtaining advice on specific ethical issues of national, regional, or public significance in
p.000001: respect of any health or disability matters, the Minister may, by written notice, appoint any 1 or more of the
p.000001: following committees:
p.000001: (a) 1 or more committees established under section 11:
p.000001: (b) the ethics committee of the Health Research Council established under section 24 of the Health
p.000001: Research Council Act 1990—
p.000001: to consider matters specified by the Minister and to report to the Minister or a person specified by the
p.000001: Minister.
p.000001: (4) Before a committee appointed under subsection (1) or subsection (3) gives advice, the committee must
p.000001: consult with any members of the public, persons involved in the funding or provision of services, and other
p.000001: persons that the committee considers appropriate.
p.000001: (5) As soon as practicable after giving a notice under subsection (1) or subsection (3), the Minister must
p.000001: present a copy of the notice to the House of Representatives.
p.000001: (6) Any committee appointed under this section must, at least once a year, deliver to the Minister a report
p.000001: setting out its activities and summarising its advice on the matters referred to it under this section.
p.000001: (7) As soon as practicable after receiving a report under subsection (6), the Minister must present a copy of
p.000001: the report to the House of Representatives.
p.000001:
p.000001: 17 National health epidemiology and quality assurance advisory committee
p.000001: [Repealed]
p.000001: Section 17: repealed, on 23 April 2011, by section 7 of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).
p.000001:
p.000001: 18 Mortality review committees
p.000001: [Repealed]
p.000001: Section 18: repealed, on 23 April 2011, by section 7 of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).
p.000001:
p.000001:
p.000001:
p.000001: Part 3
p.000001: District Health Boards
p.000001: 19 Establishment of DHBs
p.000001: (1) This section establishes each of the organisations named in column 1 of Schedule 1 as a DHB in respect
p.000001: of the geographical area specified in that schedule for the organisation.
p.000001: (2) Schedule 1 may be amended by Order in Council.
p.000001: (3) The Governor-General may, by Order in Council, divide any geographical area specified in Schedule 1 for
p.000001: a DHB into 2 or more constituencies, and determine—
p.000001: (a) the boundaries of each constituency, whether by reference to a current or former local government
p.000001: unit or otherwise; and
p.000001: (b) the number of members of the board of the DHB that are to be elected by the electors of each
p.000001: constituency.
p.000001: (4) An Order in Council under this section may not take effect in the period commencing after 30 April in a
p.000001: year in which triennial elections under the Local Electoral Act 2001 are to be held and ending with the
p.000001: close of the 58th day after polling day appointed for those elections if the Order—
p.000001: (a) alters a geographical area specified in Schedule 1; or
p.000001: (b) divides such an area into constituencies; or
p.000001: (c) alters a constituency; or
p.000001: (d) changes the number of members to be elected by the electors of a constituency.
p.000001: (5) With the written permission of the Minister, a DHB may adopt an operating name that is different from the
p.000001: name of the DHB specified in Schedule 1.
p.000001: Section 19(4): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 20 Process for restructuring geographical areas of DHBs
...
p.000001: (a) section 38 (removal of elected members):
p.000001: (b) section 60(1) (applications by board members to restrain action):
p.000001: (c) sections 62 to 72 (conflicts of interest):
p.000001: (d) sections 73 to 76 (delegations):
p.000001: (e) section 78 (provisions in Schedule 5):
p.000001: (f) section 96 (acquisition of subsidiaries):
p.000001: (g) section 100 (acquisition of shares or other interests):
p.000001: (h) sections 116 and 117(2) to (3) (employment of employees and chief executives):
p.000001: (i) sections 120 to 126 (immunities, indemnities, and insurance):
p.000001: (j) section 161 (in relation to shares and interests covered by section 28):
p.000001: (k) [Repealed]
p.000001: (l) Schedule 5 (board procedure for statutory entities).
p.000001: Section 21: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 21(3)(h): replaced, on 31 October 2018, by section 19 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).
p.000001: Section 21(3)(k): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
p.000001:
p.000001: 22 Objectives of DHBs
p.000001: (1) Every DHB has the following objectives:
p.000001: (a) to improve, promote, and protect the health of people and communities:
p.000001: (b) to promote the integration of health services, especially primary and secondary health services:
p.000001: (ba) to seek the optimum arrangement for the most effective and efficient delivery of health services in
p.000001: order to meet local, regional, and national needs:
p.000001: (c) to promote effective care or support for those in need of personal health services or disability
p.000001: support services:
p.000001: (d) to promote the inclusion and participation in society and independence of people with disabilities:
p.000001: (e) to reduce health disparities by improving health outcomes for Maori and other population groups:
p.000001: (f) to reduce, with a view to eliminating, health outcome disparities between various population groups
p.000001: within New Zealand by developing and implementing, in consultation with the groups concerned,
p.000001: services and programmes designed to raise their health outcomes to those of other New
p.000001: Zealanders:
p.000001: (g) to exhibit a sense of social responsibility by having regard to the interests of the people to whom it
p.000001: provides, or for whom it arranges the provision of, services:
p.000001: (h) to foster community participation in health improvement, and in planning for the provision of services
p.000001: and for significant changes to the provision of services:
p.000001: (i) to uphold the ethical and quality standards commonly expected of providers of services and of
p.000001: public sector organisations:
p.000001: (j) to exhibit a sense of environmental responsibility by having regard to the environmental implications
p.000001: of its operations:
p.000001: (k) to be a good employer in accordance with section 118 of the Crown Entities Act 2004 .
p.000001: (2) Each DHB must pursue its objectives in accordance with any plan prepared under section 38, its
p.000001: statement of intent, and any directions or requirements given to it by the Minister under section 33, 33A,
p.000001: or 33B of this Act, or section 103 of the Crown Entities Act 2004, or under section 107 of the Crown
p.000001: Entities Act 2004.
p.000001: Section 22(1)(ba): inserted, on 9 November 2010, by section 8(1) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 22(1)(k): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 22(2): amended, on 24 February 2011, by section 8(2) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 22(2): amended, on 24 February 2011, by section 8(3) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 22(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 23 Functions of DHBs
p.000001: (1) For the purpose of pursuing its objectives, each DHB has the following functions:
p.000001: (a) to ensure the provision of services for its resident population and for other people as specified in its
p.000001: Crown funding agreement:
p.000001: (b) to actively investigate, facilitate, sponsor, and develop co-operative and collaborative arrangements
p.000001: with persons in the health and disability sector or in any other sector to improve, promote, and
p.000001: protect the health of people, and to promote the inclusion and participation in society and
p.000001: independence of people with disabilities:
p.000001: (ba) to collaborate with relevant organisations to plan and co-ordinate at local, regional, and national
p.000001: levels for the most effective and efficient delivery of health services:
p.000001: (c) to issue relevant information to the resident population, persons in the health and disability sector,
p.000001: and persons in any other sector working to improve, promote, and protect the health of people for
p.000001: the purposes of paragraphs (a) and (b):
p.000001: (d) to establish and maintain processes to enable Maori to participate in, and contribute to, strategies
p.000001: for Maori health improvement:
p.000001: (e) to continue to foster the development of Maori capacity for participating in the health and disability
p.000001: sector and for providing for the needs of Maori:
p.000001: (f) to provide relevant information to Maori for the purposes of paragraphs (d) and (e):
p.000001: (g) to regularly investigate, assess, and monitor the health status of its resident population, any factors
p.000001: that the DHB believes may adversely affect the health status of that population, and the needs of
p.000001: that population for services:
p.000001: (h) to promote the reduction of adverse social and environmental effects on the health of people and
p.000001: communities:
p.000001: (i) to monitor the delivery and performance of services by it and by persons engaged by it to provide or
p.000001: arrange for the provision of services:
p.000001: (j) to participate, where appropriate, in the training of health practitioners and other workers in the
p.000001: health and disability sector:
p.000001: (k) to provide information to the Minister for the purposes of policy development, planning, and
p.000001: monitoring in relation to the performance of the DHB and to the health and disability support needs
p.000001: of New Zealanders:
p.000001: (l) to provide, or arrange for the provision of, services on behalf of the Crown or any Crown entity within
p.000001: the meaning of the Crown Entities Act 2004 :
p.000001: (m) to collaborate with pre-schools and schools within its geographical area on the fostering of health
p.000001: promotion and on disease prevention programmes:
p.000001: (n) to perform any other functions it is for the time being given by or under any enactment, or authorised
p.000001: to perform by the Minister by written notice to the board of the DHB after consultation with it.
p.000001: (2) The Minister must, as soon as practicable after giving a notice to a DHB under subsection (1)(n), publish
p.000001: in the Gazette, and present to the House of Representatives, a copy of the notice.
p.000001: (3) Subsection (1)(c), (f), and (k) is subject to the Privacy Act 1993.
p.000001: (4) Subsection (1)(c) and (f) does not require a DHB to provide any information that could properly be
p.000001: withheld under the Official Information Act 1982 , if a request for that information were made under that
p.000001: Act.
p.000001: (5) A DHB that, in reliance on subsection (4), decides not to provide relevant information must advise the
p.000001: persons concerned of that decision.
p.000001: (6) To avoid any doubt, subsection (1)(d) does not limit the capacity of a DHB to establish and maintain
p.000001: processes to enable other population groups to participate in, and contribute to, strategies for the
p.000001: improvement of the health of those groups.
p.000001: (7) In performing any of its functions in relation to the supply of pharmaceuticals, a DHB must not act
p.000001: inconsistently with the pharmaceutical schedule.
p.000001: (8) In subsection (1)(ba), relevant organisations means 1 or more organisations that a DHB considers
p.000001: relevant to the provision of health services at a local, regional, or national level (for example, a DHB, the
p.000001: Ministry of Health, or an organisation that provides services under a service agreement).
p.000001: Section 23(1)(ba): inserted, on 9 November 2010, by section 9(1) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 23(1)(j): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003
p.000001: No 48).
p.000001: Section 23(1)(l): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 23(8): added, on 9 November 2010, by section 9(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 24 Co-operative agreements and arrangements
p.000001: (1) Except as provided in subsection (2), for the purpose of performing its function under section 23(1)(b), a
p.000001: DHB may enter into a co-operative agreement or arrangement with any person (whether or not that
p.000001: person is involved in the health sector) in order to—
p.000001: (a) assist the DHB to meet its objectives set out in section 22; or
p.000001: (b) enhance health or disability outcomes for people; or
p.000001: (c) enhance efficiencies in the health sector.
p.000001: (2) A DHB may not enter into a co-operative agreement or arrangement under subsection (1) unless,—
p.000001: (a) if the consent of the Minister or authority by regulations is required for that agreement or
p.000001: arrangement by section 28, that consent or authority exists; or
p.000001: (b) in any other case, the DHB is authorised to enter into the agreement or arrangement by a plan
p.000001: prepared under section 38, or by the Minister.
p.000001: (3) Any authority given by the Minister for the purposes of subsection (2) may be given subject to any
p.000001: conditions the Minister specifies.
p.000001: (4) The Minister must, within 6 months of the commencement of this section, produce guidelines to be
p.000001: followed by DHBs in establishing co-operative agreements or arrangements under subsection (1) so that
p.000001: DHBs follow processes that are fully transparent and designed to ensure that DHBs accomplish their
p.000001: objectives in ways that—
p.000001: (a) take full account of all issues concerned; and
p.000001: (b) are effective and efficient so as to maximise the benefit to the public or group whom the agreements
p.000001: or arrangements are intended to benefit.
p.000001: (5) In determining whether or not to enter into co-operative agreements or arrangements under subsection
p.000001: (1), DHBs must comply fully with any guidelines issued under subsection (4).
p.000001: (6) As soon as practicable after issuing the guidelines for DHBs under subsection (4), the Minister must
p.000001: present to the House of Representatives a copy of those guidelines.
p.000001: Section 24(2)(b): amended, on 24 February 2011, by section 10 of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: 25 Service agreements
p.000001: (1) In this Act, service agreement means an agreement under which 1 or more DHBs agree to provide
p.000001: money to a person in return for the person providing services or arranging for the provision of services.
p.000001: (2) A DHB may, if permitted to do so by a plan prepared under section 38 and in accordance with that plan,—
p.000001: (a) negotiate and enter into service agreements containing any terms and conditions that may be
p.000001: agreed; and
p.000001: (b) negotiate and enter into agreements to amend service agreements.
p.000001: (3) A DHB that has entered into a service agreement must monitor the performance under that agreement of
p.000001: the other parties to that agreement.
p.000001: Section 25(2): amended, on 24 February 2011, by section 11 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: Boards of DHBs
p.000001: 26 Role of board
p.000001: (1) The board of a DHB has the role set out in section 25 of the Crown Entities Act 2004.
p.000001: (2) [Repealed]
p.000001: (3) The board of a DHB must delegate to the chief executive of the DHB, under clause 39 of Schedule 3, the
p.000001: power to make decisions on management matters relating to the DHB, but any such delegation may be
p.000001: made on such terms and conditions as the board thinks fit.
p.000001: (4) This section does not limit clause 44 of Schedule 3.
p.000001: Section 26(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 26(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 27 Duties of board
p.000001: (1) The board of a DHB must ensure that the DHB acts in a manner consistent with any relevant plan
p.000001: prepared under section 38, and any directions under section 33, 33A, or 33B of this Act or section 103 or
p.000001: section 107 of the Crown Entities Act 2004.
p.000001: (2) The duty in subsection (1)—
p.000001: (a) applies in addition to the duties of the board in sections 49 to 52 of the Crown Entities Act 2004; and
p.000001: (b) is a collective duty owed to the Minister for the purposes of section 58 of the Crown Entities Act
p.000001: 2004.
p.000001: (3) Despite section 60(1) of the Crown Entities Act 2004, a member of a board of a DHB may not apply for a
p.000001: court order under that section.
p.000001: Section 27: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 27(1): amended, on 24 February 2011, by section 12 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 28 Shares in bodies corporate or interests in associations
p.000001: (1) Except with the consent of the Minister or in accordance with regulations made under this Act, no DHB
p.000001: may—
p.000001: (a) hold any shares or interests in a body corporate or in a partnership, joint venture, or other
p.000001: association of persons; or
p.000001: (b) settle, or be or appoint a trustee of, a trust.
p.000001: (2) The Minister’s consent under subsection (1) may be given subject to any conditions the Minister specifies.
p.000001: (3) Conditions specified by the Minister under subsection (2) must be consistent with section 97 of the Crown
p.000001: Entities Act 2004.
p.000001: (4) Sections 96 and 100 of the Crown Entities Act 2004 do not apply to DHBs.
p.000001: (5) Section 161 of the Crown Entities Act 2004 applies to DHBs except in relation to acquisition of securities
p.000001: that are covered by this section.
p.000001: Section 28(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 28(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 28(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 29 Membership of boards
p.000001: (1) The board of each DHB consists of—
p.000001: (a) 7 members elected in accordance with Schedule 2; and
p.000001: (b) up to 4 members appointed by the Minister under section 28(1)(a) of the Crown Entities Act 2004 .
p.000001: (2) If, at an election of members of a board of a DHB, fewer than 7 members are elected or no members are
...
p.000001: Section 31(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 32 Ministerial directions
p.000001: (1) Subpart 1 of Part 3 of the Crown Entities Act 2004 applies to the giving of Ministerial directions.
p.000001: (2) Without limiting subsection (1), the Minister may, under that Act, give a DHB any directions—
p.000001: (a) that specify the persons who are eligible to receive services funded under this Act; and
p.000001: (b) that the Minister considers necessary or expedient in relation to any matter relating to the DHB; and
p.000001: (c) that are consistent with the objectives and functions of the DHB.
p.000001: (3) No direction may require the supply to any person of any information relating to an individual that would
p.000001: enable the identification of the individual.
p.000001: (4) Section 33, and not this section nor Part 3 of the Crown Entities Act 2004, applies to a direction that would
p.000001: more appropriately be given under section 33.
p.000001: Section 32: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 33 Minister may require provision of services
p.000001: (1) The Minister may, from time to time, by written notice to a DHB, require the DHB to provide or arrange for
p.000001: the provision of any services that are specified in the notice, but the notice may not—
p.000001: (a) require the supply of services to any named individuals or organisations; or
p.000001: (b) require the supply of services by any named individuals or organisations (other than any DHB); or
p.000001: (c) specify the price for any services.
p.000001: (2) Before giving the notice, the Minister must—
p.000001: (a) have regard to section 22 and section 23, the New Zealand health strategy, the New Zealand
p.000001: disability strategy, and any plan prepared under section 38 that the DHB is a party to; and
p.000001: (b) consult the board of the DHB as to the services that are to be required to be provided or arranged,
p.000001: and the cost and funding of those services.
p.000001: (3) A notice under subsection (1) is a direction for the purposes of the Crown Entities Act 2004 and must be
p.000001: published in the Gazette and presented to the House of Representatives in accordance with section 115
p.000001: of that Act.
p.000001: Section 33(2)(a): amended, on 24 February 2011, by section 13 of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 33(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 33A Proposals and directions in relation to administrative, support, and procurement
p.000001: services
p.000001: (1) A proposal stating how administrative, support, and procurement services within the public health and
p.000001: disability sector should be obtained may be submitted to the Minister by the Director-General or any
p.000001: person or body approved by the Minister for the purpose.
p.000001: (2) If the Minister has reason to believe that the proposal will enhance the effective and efficient operation of
p.000001: the public health and disability sector and should be implemented, the Minister must—
p.000001: (a) consider whether the proposal can be reasonably implemented without a direction under subsection
p.000001: (3); and
p.000001: (b) consult any DHB that is not already a party to the proposal and is likely to be affected by it; and
p.000001: (c) consult any other person or body that the Minister considers appropriate.
p.000001: (3) If the Minister considers that the proposal cannot be reasonably implemented otherwise, he or she may
p.000001: give a direction to 1 or more DHBs—
p.000001: (a) stating how administrative, support, and procurement services must be obtained (for example,
p.000001: specifying a process to be followed in obtaining those services); or
p.000001: (b) stating who must provide particular administrative, support, and procurement services for the DHB
p.000001: or DHBs.
p.000001: (4) The direction must be in writing and must be signed by the Minister and the Minister of Finance.
p.000001: (5) Sections 113 and 114(3)(a) of the Crown Entities Act 2004 do not apply to this section.
p.000001: (6) In this section, administrative, support, and procurement services—
p.000001: (a) means services that do not relate directly to, but are necessary for, the provision of care to patients
p.000001: or care or support to people with disabilities; and
p.000001: (b) without limiting the generality of paragraph (a), includes any of the following:
p.000001: (i) procurement of non-clinical and clinical supplies:
p.000001: (ii) financial services:
p.000001: (iii) human resources and payroll services:
p.000001: (iv) clerical services:
p.000001: (v) facilities management, engineering, and maintenance services:
p.000001: (vi) information systems and technology.
p.000001: Section 33A: inserted, on 24 February 2011, by section 14 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: Ministerial directions to all DHBs
p.000001: Heading: inserted, on 24 February 2011, by section 14 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 33B Minister may give directions to all DHBs
p.000001: (1) The Minister may give a direction to all DHBs to comply with stated requirements for the purpose of
p.000001: supporting government policy on improving the effectiveness and efficiency of the public health and
p.000001: disability sector.
p.000001: (2) The direction must be in writing and must be signed by the Minister and the Minister of Finance.
p.000001: (3) Before giving the direction, the Minister must, to the extent (if any) that the Minister considers necessary in
p.000001: the circumstances,—
p.000001: (a) consult all DHBs; and
p.000001: (b) consult persons that the Minister considers are representative of the interests of persons likely to be
p.000001: substantially affected by the proposed direction.
p.000001: (4) As soon as practicable after giving the direction, the Minister must—
p.000001: (a) notify all DHBs that the direction has been given and that it will come into force subject to subsection
p.000001: (5); and
p.000001: (b) present a copy of the direction to the House of Representatives.
p.000001: (5) The direction comes into force 15 sitting days after it is presented to the House of Representatives unless
p.000001: the House of Representatives resolves, in that period, to disapply the direction.
p.000001: (6) Every DHB must give effect to the direction as soon as it comes into force.
p.000001: (7) As soon as practicable after the direction comes into force, the Minister must ensure that a copy of it is
p.000001: published in the Gazette and on an Internet site operated by the Ministry of Health.
p.000001: (8) If the direction does not come into force, the Minister must, as soon as practicable, notify all DHBs that the
p.000001: direction has been disapplied and that it will not come into force.
p.000001: (9) Section 113 of the Crown Entities Act 2004 applies to a direction given under this section as if it were a
p.000001: Ministerial direction given under that Act.
p.000001: (10) No direction may be given under this section to Crown entity subsidiaries.
p.000001: (11) For the purposes of section 115(5) of the Crown Entities Act 2004, the procedure set out in this section is
p.000001: a procedure for giving directions.
p.000001: Compare: 2004 No 115 ss 107–111, 113
p.000001: Section 33B: inserted, on 24 February 2011, by section 14 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: Committees
p.000001: 34 Community and public health advisory committees
p.000001: The board of a DHB must, within 3 months of the commencement of this Act, establish a committee, to
p.000001: advise on health improvement measures, called the community and public health advisory committee, and
p.000001: must provide for Maori representation on the committee.
p.000001:
p.000001: 35 Disability support advisory committees
p.000001: The board of a DHB must, within 3 months of the commencement of this Act, establish a committee, to
p.000001: advise on disability issues, called the disability support advisory committee, and must provide for Maori
p.000001: representation on the committee.
p.000001:
p.000001: 36 Hospital advisory committees
p.000001: The board of a DHB must, within 3 months of the commencement of this Act, establish a committee, to
p.000001: advise on matters relating to hospitals, called the hospital advisory committee, and must provide for Maori
p.000001: representation on the committee.
p.000001:
p.000001: Accountability of DHBs
p.000001: 37 Responsibility of board
p.000001: [Repealed]
p.000001: Section 37: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 38 Planning framework and requirements
p.000001: (1) The Minister—
p.000001: (a) must direct every DHB to prepare a plan for each financial year beginning on or after 1 July 2011;
p.000001: and
p.000001: (b) may direct a DHB to prepare or contribute to 1 or more other plans.
p.000001: (2) Every plan—
p.000001: (a) must address—
p.000001: (i) local, regional, and national needs for health services; and
p.000001: (ii) how health services can be properly co-ordinated to meet those needs; and
p.000001: (iii) the optimum arrangement for the most effective and efficient delivery of health services; and
p.000001: (b) must demonstrate how a DHB that is a party to the plan is to give effect to the purposes of this Act;
p.000001: and
p.000001: (c) must demonstrate how a DHB that is a party to the plan is to operate in a financially responsible
p.000001: manner; and
p.000001: (d) must reflect the overall direction set out in, and not be inconsistent with, the New Zealand health
p.000001: strategy and the New Zealand disability strategy.
p.000001: (3) A DHB that is a party to a plan must comply with any requirements (including any procedural
p.000001: requirements) relating to the plan that are stated in regulations (if any).
p.000001: (4) The plan is finalised once it is—
p.000001: (a) approved by the Minister after he or she is satisfied that the requirements of subsections (2) and (3)
p.000001: have been met; and
p.000001: (b) signed by the Minister and every DHB that is a party to the plan.
p.000001: (5) A DHB that is a party to the plan must give effect to it and any amendments to it.
p.000001: (6) The plan may be amended at any time in the same manner as it was made.
p.000001: (7) A DHB that is a party to the plan must ensure that the plan and any amendments to it are publicly
p.000001: available as soon as is reasonably practicable after the plan is finalised.
p.000001: (8) In making the plan (and any amendments to it) publicly available, a DHB may omit any information that
p.000001: may properly be withheld under the Official Information Act 1982 if a request for that information were
p.000001: made under that Act.
p.000001: Section 38: substituted, on 24 February 2011, by section 15 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 39 Resolution of disputes over contents of plan
p.000001: (1) The Minister may act under subsection (2) if, after the Minister directs 1 or more DHBs to prepare or
p.000001: contribute to a plan under section 38,—
p.000001: (a) 2 or more DHBs that are parties to the plan cannot agree on its contents; or
p.000001: (b) 1 or more DHBs that are parties to the plan and the Minister cannot agree on its contents.
p.000001: (2) If subsection (1) applies, the Minister may establish an advisory body and refer the dispute to it for its
p.000001: consideration and advice.
p.000001: (3) The advisory body must consist of at least 3 members, each appointed by the Minister on any terms and
p.000001: conditions (including terms and conditions as to remuneration and travelling allowances and expenses)
p.000001: that the Minister determines by written notice to the member.
p.000001: (4) The Minister must—
p.000001: (a) make a decision on the dispute by taking into account the advice given by the advisory body; and
p.000001: (b) as soon as practicable after making the decision, publish the decision in general terms on an
p.000001: Internet site operated by the Ministry of Health.
p.000001: (5) A DHB that is a party to the dispute must give effect to the Minister’s decision.
p.000001: Section 39: substituted, on 24 February 2011, by section 15 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 40 Consultation on proposed changes to annual plan
p.000001: [Repealed]
p.000001: Section 40: repealed, on 24 February 2011, by section 15 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: Financial provisions
p.000001:
p.000001: 41 DHBs to operate in financially responsible manner
p.000001: (1) Every DHB must operate in a financially responsible manner and, for this purpose, must endeavour to
p.000001: cover all its annual costs (including the cost of capital) from its net annual income.
p.000001: (2) This section does not limit section 51 of the Crown Entities Act 2004.
p.000001: Section 41(1): substituted, on 23 April 2011, by section 16 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001: Section 41(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 42 Accountability documents under Crown Entities Act 2004
p.000001: (1) Each DHB must prepare statements of intent, annual financial statements, and annual reports in
p.000001: accordance with Part 4 of the Crown Entities Act 2004 and regulations made under section 92(1)(d) of this
p.000001: Act.
p.000001: (2) Without limiting sections 141 to 149 of the Crown Entities Act 2004 , every statement of intent of a DHB
p.000001: must include provisions stating the procedure for any disposal of land transferred to, or vested in, the
p.000001: DHB under the Health Sector (Transfers) Act 1993 .
p.000001: (3) Without limiting section 151 of the Crown Entities Act 2004 , every annual report of a DHB must contain—
p.000001: (a) [Repealed]
p.000001: (b) a report on the extent to which the DHB has met its other objectives under section 22; and
p.000001: (c) a report on the performance of the hospital and related services it owns, including the amount of any
p.000001: capital investment made or required; and
p.000001: (d) [Repealed]
p.000001: (e) [Repealed]
p.000001: (f) [Repealed]
p.000001: (g) the names of any bodies corporate, partnerships, joint ventures, or other associations of persons, or
p.000001: trusts with which the DHB is involved in accordance with section 28(1) or any other provision of this
p.000001: Act; and
p.000001: (h) a list of all shares or interests held in bodies corporate, partnerships, joint ventures, or other
p.000001: associations of persons, or trusts named in accordance with paragraph (g); and
p.000001: (i) a statement of how the DHB has given effect and intends to give effect to its functions specified in
p.000001: section 23(1)(b) to (e).
...
p.000001: Section 42(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 43 Auditor
p.000001: [Repealed]
p.000001: Section 43: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Miscellaneous
p.000001: 44 Provision of information
p.000001: (1) Without limiting sections 133 and 134 of the Crown Entities Act 2004 , the Minister of Finance may, by
p.000001: written notice, require any DHB to supply to that Minister or any other person or class of persons that the
p.000001: Minister specifies, any economic or financial forecasts or other economic or financial information relating
p.000001: to the DHB or any or all of its Crown entity subsidiaries that the Minister specifies in the notice, and the
p.000001: DHB must comply with the requirement.
p.000001: (2) [Repealed]
p.000001: (3) No requirement of the Minister under this section may require the supply of any information that would
p.000001: infringe the privacy of any natural person or deceased natural person, unless the person (or a
p.000001: representative of the deceased person) has consented to the supply.
p.000001: (4) Subsection (3) applies despite section 134 of the Crown Entities Act 2004.
p.000001: Section 44(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 44(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 44(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 45 Other provisions in schedules
p.000001: (1) Schedules 2 and 3 apply in respect of DHBs.
p.000001: (2) Schedule 4 applies to each community and public health advisory committee, disability support advisory
p.000001: committee, and hospital advisory committee.
p.000001: (3) Section 78 and Schedule 5 of the Crown Entities Act 2004 do not apply to the board of a DHB.
p.000001: Section 45(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001:
p.000001:
p.000001: Part 4
p.000001: Other publicly-owned health and disability organisations
p.000001: Pharmaceutical Management Agency
p.000001:
p.000001: 46 Pharmac
p.000001: (1) An organisation called the Pharmaceutical Management Agency ( Pharmac) is established.
p.000001: (2) Pharmac is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000001: (3) The Crown Entities Act 2004 applies to Pharmac except to the extent that this Act expressly provides
p.000001: otherwise.
p.000001: (4) Pharmac is owned by the Crown.
p.000001: Section 46(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 46(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 46(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 47 Objectives of Pharmac
p.000001: The objectives of Pharmac are—
p.000001: (a) to secure for eligible people in need of pharmaceuticals, the best health outcomes that are
p.000001: reasonably achievable from pharmaceutical treatment and from within the amount of funding
p.000001: provided; and
p.000001: (b) any other objectives it is given by or under any enactment, or authorised to perform by the Minister
p.000001: by written notice to the board of Pharmac after consultation with it.
p.000001: 48 Functions of Pharmac
p.000001: The functions of Pharmac are to perform the following within the amount of funding provided to it and in
p.000001: accordance with its statement of intent (including the statement of forecast service performance) and
p.000001: (subject to section 65) any directions given under the Crown Entities Act 2004 :
p.000001: (a) to maintain and manage a pharmaceutical schedule that applies consistently throughout New
p.000001: Zealand, including determining eligibility and criteria for the provision of subsidies:
...
p.000001: it, in accordance with its statement of intent (including the statement of forecast service
p.000001: performance) and (subject to section 65) any directions given under the Crown Entities Act 2004 .
p.000001: (2) The Minister must, as soon as practicable after giving a notice under subsection (1), publish in the
p.000001: Gazette, and present to the House of Representatives, a copy of the notice.
p.000001: (3) In this section, blood and controlled human substance have the same meaning as in section 55 of the
p.000001: Human Tissue Act 2008.
p.000001: Section 55(1)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 55(1)(b): amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
p.000001: Section 55(1)(c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 55(3): amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
p.000001:
p.000001: 56 Membership of board
p.000001: (1) The board of NZBS consists of up to 7 members appointed under section 28 of the Crown Entities Act
p.000001: 2004.
p.000001: (2) [Repealed]
p.000001: (3) [Repealed]
p.000001: Section 56(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 56(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 56(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Health Promotion Agency
p.000001: Heading: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 57 Health Promotion Agency established
p.000001: (1) An organisation called the Health Promotion Agency ( HPA) is established.
p.000001: (2) HPA is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000001: (3) The board of HPA consists of not fewer than 5 and not more than 7 members appointed under section 28
p.000001: of the Crown Entities Act 2004.
p.000001: (4) The Crown Entities Act 2004 applies to HPA except to the extent that this Act expressly provides
p.000001: otherwise.
p.000001: Section 57: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 58 Functions, duties, and powers of HPA
p.000001: (1) HPA must lead and support activities for the following purposes:
p.000001: (a) promoting health and wellbeing and encouraging healthy lifestyles:
p.000001: (b) preventing disease, illness, and injury:
p.000001: (c) enabling environments that support health and wellbeing and healthy lifestyles:
p.000001: (d) reducing personal, social, and economic harm.
p.000001: (2) HPA has the following alcohol-specific functions:
p.000001: (a) giving advice and making recommendations to government, government agencies, industry, non-
p.000001: government bodies, communities, health professionals, and others on the sale, supply,
p.000001: consumption, misuse, and harm of alcohol so far as those matters relate to HPA’s general functions:
p.000001: (b) undertaking or working with others to research the use of alcohol in New Zealand, public attitudes
p.000001: towards alcohol, and problems associated with, or consequent on, the misuse of alcohol.
p.000001: (3) Section 103(1) of the Crown Entities Act 2004 does not apply to HPA’s functions under subsection (2), but
p.000001: HPA must have regard to any government policy that relates to those functions if so directed by the
p.000001: Minister.
p.000001: (4) HPA must also—
p.000001: (a) assume the property, rights, and liabilities of the Alcohol Advisory Council and the Health
p.000001: Sponsorship Council that are transferred to HPA by section 17 of the New Zealand Public Health
p.000001: and Disability Amendment Act 2012; and
p.000001: (b) undertake any other functions that it is for the time being authorised to perform by the Minister by
p.000001: written notice to the board of HPA after consultation with the board.
p.000001: Section 58: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 59 Provisions relating to grants, sponsorship, and other matters
p.000001: (1) HPA may—
p.000001: (a) make grants to any body, association, or person engaged in any activity in any field with which HPA
p.000001: is concerned:
p.000001: (b) make advances to any such body, association, or person, on any terms and conditions as to the
p.000001: payment of interest, the repayment of principal, the giving of security, and otherwise that HPA thinks
p.000001: fit:
p.000001: (c) charge any fees (if any) that it may from time to time think reasonable for any material published by
p.000001: it and made available to the public:
p.000001: (d) without further appropriation by Parliament, spend in any year any funds received by HPA in the
p.000001: previous year and not spent by HPA in the previous year:
p.000001: (e) commit itself to spend any money by way of sponsorship, subject to subsection (2).
p.000001: (2) The power to spend money by way of sponsorship is subject to the following limitations:
p.000001: (a) HPA must have the money in hand at the time; and
p.000001: (b) HPA must not, in any year (the current year), commit itself to spend by way of sponsorship in the
p.000001: next succeeding year more than 25% of the amount of the money appropriated by Parliament for the
p.000001: purposes of HPA for the current year.
p.000001: (3) In this section, sponsorship means, in broad terms, the provision of assistance by HPA to any person or
p.000001: organisation and, in return, the promotion by that person or organisation of health and wellbeing and
p.000001: healthy lifestyles in a manner agreed by HPA.
p.000001: (4) For the purpose of subsection (3),—
p.000001: (a) such assistance by HPA may (without limitation) take the form of—
p.000001: (i) money, whether by way of grant or otherwise; or
p.000001: (ii) goods and services; or
p.000001: (iii) trophies, prizes, awards, and scholarships:
p.000001: (b) such promotion by the person or organisation receiving assistance may (without limitation) take the
p.000001: form of—
p.000001: (i) publicising messages relating to health and wellbeing and healthy lifestyles; or
p.000001: (ii) publicising messages relating to ill-health and unhealthy lifestyles; or
p.000001: (iii) promoting HPA’s aims and objectives.
p.000001: (5) This section (other than subsection (2)) does not limit sections 16 and 17 of the Crown Entities Act 2004.
p.000001: Section 59: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: Levies
p.000001: Heading: inserted, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 59AA Levies for alcohol-related purposes
p.000001: (1) Levies may be imposed for the purpose of enabling HPA to recover costs it incurs—
p.000001: (a) in addressing alcohol-related harm; and
p.000001: (b) in its other alcohol-related activities.
p.000001: (2) Schedules 4A and 4B apply for the purpose of this section.
p.000001: Section 59AA: inserted, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: Health Quality and Safety Commission
p.000001: Heading: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 59A Health Quality and Safety Commission
p.000001: (1) An organisation called the Health Quality and Safety Commission ( HQSC) is established.
p.000001: (2) HQSC is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000001: (3) The Crown Entities Act 2004 applies to HQSC except to the extent that this Act expressly provides
p.000001: otherwise.
p.000001: Section 59A: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 59B Objectives of HQSC
p.000001: The objectives of HQSC are to lead and co-ordinate work across the health and disability sector for the
p.000001: purposes of—
p.000001: (a) monitoring and improving the quality and safety of health and disability support services; and
p.000001: (b) helping providers across the health and disability sector to improve the quality and safety of health
p.000001: and disability support services.
p.000001: Section 59B: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 59C Functions of HQSC
p.000001: (1) The functions of HQSC are—
p.000001: (a) to advise the Minister on how quality and safety in health and disability support services may be
p.000001: improved; and
p.000001: (b) to advise the Minister on any matter relating to—
p.000001: (i) health epidemiology and quality assurance; or
p.000001: (ii) mortality; and
p.000001: (c) to determine quality and safety indicators (such as serious and sentinel events) for use in measuring
p.000001: the quality and safety of health and disability support services; and
p.000001: (d) to provide public reports on the quality and safety of health and disability support services as
p.000001: measured against—
p.000001: (i) the quality and safety indicators; and
p.000001: (ii) any other information that HQSC considers relevant for the purpose of the report; and
p.000001: (e) to promote and support better quality and safety in health and disability support services; and
p.000001: (f) to disseminate information about the quality and safety of health and disability support services; and
p.000001: (g) to perform any other function that—
p.000001: (i) relates to the quality and safety of health and disability support services; and
p.000001: (ii) HQSC is for the time being authorised to perform by the Minister by written notice to HQSC
p.000001: after consultation with it.
p.000001: (2) In performing its functions HQSC must, to the extent it considers appropriate, work collaboratively with—
p.000001: (a) the Ministry of Health; and
p.000001: (b) the Health and Disability Commissioner; and
p.000001: (c) providers; and
p.000001: (d) any groups representing the interests of consumers of health or disability support services; and
p.000001: (e) any other organisations, groups, or individuals that HQSC considers have an interest in, or will be
p.000001: affected by, its work.
p.000001: (3) The Minister must, as soon as practicable after giving a notice to HQSC under subsection (1)(g)(ii),
p.000001: publish in the Gazette, and present to the House of Representatives, a copy of the notice.
p.000001: Section 59C: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 59D Membership of board
p.000001: The board of HQSC consists of at least 7 members appointed under section 28 of the Crown Entities Act
p.000001: 2004.
p.000001: Section 59D: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 59E HQSC may appoint mortality review committees
p.000001: (1) HQSC may appoint 1 or more committees to carry out any of the following functions that HQSC specifies
p.000001: by notice to the committee:
p.000001: (a) to review and report to HQSC on specified classes of deaths of persons, or deaths of persons of
p.000001: specified classes, with a view to reducing the numbers of deaths of those classes or persons, and to
p.000001: continuous quality improvement through the promotion of ongoing quality assurance programmes:
p.000001: (b) to advise on any other matters related to mortality that HQSC specifies in the notice.
p.000001: (2) A committee appointed under subsection (1) (a mortality review committee) must develop strategic
p.000001: plans and methodologies that—
p.000001: (a) are designed to reduce morbidity and mortality; and
p.000001: (b) are relevant to the committee’s functions.
p.000001: (3) HQSC—
p.000001: (a) must, at least annually, provide the Minister with a report on the progress of mortality review
p.000001: committees; and
p.000001: (b) must include each such report in HQSC’s next annual report.
p.000001: (4) The provisions of Schedule 5 apply in relation to a mortality review committee.
p.000001: (5) Every person who fails, without reasonable excuse, to comply with a requirement imposed under
p.000001: Schedule 5 by the chairperson of a mortality review committee commits an offence and is liable on
p.000001: conviction to a fine not exceeding $10,000.
p.000001: (6) Every person who discloses information contrary to Schedule 5 commits an offence and is liable on
p.000001: conviction to a fine not exceeding $10,000.
p.000001: (7) Any member of a registered occupational profession who commits an offence under subsection (5) or (6)
p.000001: is liable to any disciplinary proceedings of that profession in respect of the offence, whether or not he or
p.000001: she is fined under that subsection.
p.000001: Section 59E: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001: Section 59E(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001: Section 59E(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001:
p.000001: Other provisions
p.000001:
p.000001: 60 Interpretation
p.000001: In sections 61 to 69, organisation means each of the following organisations:
p.000001: (a) Pharmac:
p.000001: (b) NZBS:
p.000001: (c) HPA:
p.000001: (d) HQSC.
p.000001: Section 60(c): replaced, on 1 July 2012, by section 7 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 60(d): added, on 9 November 2010, by section 18 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 61 Role of board
p.000001: The board of an organisation has the role set out in section 25 of the Crown Entities Act 2004.
p.000001: Section 61: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 62 Duties of board members
p.000001: [Repealed]
p.000001: Section 62: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 63 Shares in bodies corporate or interests in associations
p.000001: [Repealed]
p.000001: Section 63: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 64 Annual plans
p.000001: [Repealed]
p.000001: Section 64: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 65 Restrictions on directions by Minister
p.000001: (1) [Repealed]
p.000001: (2) [Repealed]
p.000001: (3) No direction may be given to Pharmac under section 103 of the Crown Entities Act 2004 that would—
p.000001: (a) require Pharmac to purchase a pharmaceutical from a particular source or at a particular price; or
p.000001: (b) provide any pharmaceutical or pharmaceutical subsidy or other benefit to a named individual.
p.000001: (4) No direction under section 103 of the Crown Entities Act 2004 may be issued to NZBS unless it concerns
p.000001: —
p.000001: (a) [Repealed]
p.000001: (b) protecting the gift status, donation, collection, processing, and supply of blood or controlled human
p.000001: substances (as defined in section 55 of the Human Tissue Act 2008 ); or
p.000001: (c) withdrawal of contaminated blood or contaminated controlled human substances from supply.
p.000001: (4A) Despite anything in the Crown Entities Act 2004 , subsection (4) does not limit—
...
p.000001: Section 65(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 65(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 65(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 65(4)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 65(4)(b): amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
p.000001: Section 65(4A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 65(5): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 65(6): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 65(6): amended, on 1 January 2001, pursuant to section 4(3) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
p.000001:
p.000001: 66 Pharmac, NZBS, and HPA to operate in financially responsible manner
p.000001: (1) Every organisation must operate in a financially responsible manner and for this purpose must endeavour
p.000001: to cover all its annual costs (including the cost of capital) from its net annual income.
p.000001: (1A) Subsection (1) does not apply to HQSC in respect of costs, which are to be met by the Ministry of Health
p.000001: in a financially responsible manner that allows HQSC to carry out its functions to a high standard.
p.000001: (2) This section does not limit section 51 of the Crown Entities Act 2004.
p.000001: Section 66 heading: amended, on 1 July 2012, by section 8 of the New Zealand Public Health and Disability Amendment Act 2012 (2012
p.000001: No 41).
p.000001: Section 66(1): substituted, on 9 November 2010, by section 19(2) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 66(1A): inserted, on 9 November 2010, by section 19(3) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 66(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 67 Accountability documents under Crown Entities Act 2004
p.000001: The statements of intent, annual financial statements, and annual reports of an organisation under the
p.000001: Crown Entities Act 2004 must comply with any regulations made under section 92(1)(d) of this Act.
p.000001: Section 67: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 68 Auditor
p.000001: [Repealed]
p.000001: Section 68: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 69 Provision of information
p.000001: (1) Without limiting section 133(2) of the Crown Entities Act 2004 , the Minister of Finance may from time to
p.000001: time, by written notice, require any organisation to supply to that Minister, or any other person or class of
p.000001: persons that the Minister specifies, any economic or financial forecasts or other economic or financial
p.000001: information relating to the organisation or any or all of its Crown entity subsidiaries that the Minister
p.000001: specifies in the notice, and the organisation must comply with the requirement.
p.000001: (2) [Repealed]
p.000001: (3) No requirement of the Minister under this section may require the supply of any information that would
p.000001: infringe the privacy of any natural person or deceased natural person, unless the person (or a
p.000001: representative of the deceased person) has consented to the supply.
p.000001: (4) Subsection (3) applies despite section 134 of the Crown Entities Act 2004.
p.000001: Section 69(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 69(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 69(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 70 Further provisions
p.000001: The provisions set out in Schedule 6 apply in respect of Pharmac, NZBS, HPA, and HQSC.
p.000001: Section 70: amended, on 1 July 2012, by section 9 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 70: amended, on 9 November 2010, by section 20 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001:
p.000001:
p.000001: Part 4A
p.000001: Family care policies
p.000001: Part 4A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70A Purpose of this Part
p.000001: (1) The purpose of this Part is to keep the funding of support services provided by persons to their family
p.000001: members within sustainable limits in order to give effect to the restraint imposed by section 3(2) and to
p.000001: affirm the principle that, in the context of the funding of support services, families generally have primary
p.000001: responsibility for the well-being of their family members.
p.000001: (2) To achieve that purpose, this Act, among other things,—
p.000001: (a) prohibits the Crown or a DHB from paying a person for providing support services to a family
p.000001: member unless the payment is permitted by an applicable family care policy or is expressly
p.000001: authorised by or under an enactment:
p.000001: (b) declares that the Crown and DHBs have always been authorised, and continue to be authorised, to
p.000001: adopt or have family care policies that permit persons to be paid, in certain cases, for providing
p.000001: support services to family members:
p.000001: (c) stops (subject to certain savings) any complaint to the Human Rights Commission and any
p.000001: proceeding in any court if the complaint or proceeding is, in whole or in part, based on an assertion
p.000001: that a person’s right to freedom from discrimination on any of the grounds of marital status,
p.000001: disability, age, or family status (affirmed by section 19 of the New Zealand Bill of Rights Act 1990)
p.000001: has been breached by—
p.000001: (i) a provision of this Part; or
p.000001: (ii) a family care policy; or
p.000001: (iii) anything done or omitted in compliance, or intended compliance, with this Part or a family care
p.000001: policy.
p.000001: Section 70A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70B Interpretation
p.000001: (1) In this Part, unless the context otherwise requires,—
p.000001: family care policy, in relation to the Crown or a DHB,—
p.000001: (a) means any statement in writing made by, or on behalf of, the Crown or by, or on behalf of, the DHB
p.000001: that permits, or has the effect of permitting, persons to be paid, in certain cases, for providing
p.000001: support services to their family members; and
p.000001: (b) includes any practice, whether or not reduced to writing, that has the same effect as a statement of
p.000001: the kind described in paragraph (a), being a practice that was followed by the Crown or by a DHB
p.000001: before the commencement of this Part
p.000001: family member has the meaning given by subsection (2)
p.000001: support services means disability support services (as defined in section 6(1)) or health services (as so
p.000001: defined), or both, being services of a kind that are generally funded, directly or indirectly, through Vote
p.000001: Health.
p.000001: (2) Support services provided by a person (person A) to another person ( person B) are provided to a family
p.000001: member in any case where person B is person A’s—
p.000001: (a) spouse, civil union partner, or de facto partner; or
p.000001: (b) parent, step-parent, or grandparent; or
p.000001: (c) child, stepchild, or grandchild; or
p.000001: (d) sister, half-sister, stepsister, brother, half-brother, or stepbrother; or
p.000001: (e) aunt or uncle; or
p.000001: (f) nephew or niece; or
p.000001: (g) first cousin.
p.000001: Section 70B: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70C Persons generally not to be paid for providing support services to family members
p.000001: On and after the commencement of this Part, neither the Crown nor a DHB may pay a person for any
p.000001: support services that are, whether before, on, or after that commencement, provided to a family member
p.000001: of the person unless the payment is—
p.000001: (a) permitted by an applicable family care policy; or
p.000001: (b) expressly authorised by or under an enactment.
p.000001: Section 70C: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70D Family care policy
p.000001: (1) The Crown and any DHB are, and have always have been, authorised —
p.000001: (a) to adopt or have a family care policy:
p.000001: (b) to change a family care policy:
p.000001: (c) to cancel a family care policy:
p.000001: (d) to replace a family care policy.
p.000001: (2) Any family care policy that the Crown or any DHB had immediately before the commencement of this Part
p.000001: continues in effect, and the Crown or the DHB may change, cancel, or replace that family care policy.
p.000001: (3) A family care policy that the Crown or a DHB adopts or has on or after the commencement of this Part
p.000001: may state, and a family care policy that the Crown or a DHB adopted or had before that commencement
p.000001: has always been authorised to state or to have the effect of stating, 1 or more of the following:
p.000001: (a) cases in which persons may be paid for providing support services to family members, including,
p.000001: without limitation, by reference to 1 or more of the following matters:
p.000001: (i) the nature of the familial relationship between the person who provides the support services
p.000001: and the family member to whom the support services are provided:
...
p.000001: which may be lower than the rates of payment for comparable support services provided to persons
p.000001: who are not family members:
p.000001: (d) the limits on funding for support services provided to a family member, which may be expressed in
p.000001: any way, including by limiting the amounts that may be paid or the number of hours for which
p.000001: payment may be claimed.
p.000001: (4) Where, after the commencement of this Part, the Crown or a DHB adopts a family care policy, or changes
p.000001: or cancels a family care policy, the chief executive of the Ministry of Health or the DHB, as the case
p.000001: requires, must make a copy of the document that states the family care policy, or that changes or cancels
p.000001: it, available for inspection, on request, during working hours at the appropriate head office and at any
p.000001: other places that the chief executive determines are appropriate.
p.000001: (5) None of the following is a disallowable instrument for the purposes of the Legislation Act 2012:
p.000001: (a) a family care policy:
p.000001: (b) a change to a family care policy:
p.000001: (c) a determination cancelling a family care policy.
p.000001: (6) [Repealed]
p.000001: (7) [Repealed]
p.000001: Section 70D: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001: Section 70D(6): repealed, on 6 August 2013, by section 70D(7).
p.000001: Section 70D(7): repealed, on 6 August 2013, by section 70D(7).
p.000001:
p.000001: 70E Claims of unlawful discrimination in respect of this Act or family care policy
p.000001: precluded
p.000001: (1) In this section, specified allegation means any assertion to the effect that a person’s right to freedom
p.000001: from discrimination on 1 or more of the grounds stated in section 21(1)(b), (h), (i), and (l) of the Human
p.000001: Rights Act 1993, being the right affirmed by section 19 of the New Zealand Bill of Rights Act 1990, has
p.000001: been breached—
p.000001: (a) by this Part; or
p.000001: (b) by a family care policy; or
p.000001: (c) by anything done or omitted to be done in compliance, or intended compliance, with this Part or in
p.000001: compliance, or intended compliance, with a family care policy.
p.000001: (2) On and after the commencement of this Part, no complaint based in whole or in part on a specified
p.000001: allegation may be made to the Human Rights Commission, and no proceedings based in whole or in part
p.000001: on a specified allegation may be commenced or continued in any court or tribunal.
p.000001: (3) On and after the commencement of this Part, the Human Rights Commission must not take any action or
p.000001: any further action in relation to a complaint that—
p.000001: (a) was made after 15 May 2013; and
p.000001: (b) is, in whole or in part, based on a specified allegation.
p.000001: (4) On and after the commencement of this Part, neither the Human Rights Review Tribunal nor any court
p.000001: may hear, or continue to hear, or determine any civil proceedings that arise out of a complaint described in
p.000001: subsection (3).
p.000001: (5) Nothing in this section or in section 70D affects—
p.000001: (a) a complaint that is, in whole or in part, based on a specified allegation but that has been lodged with
p.000001: the Human Rights Commission or any court before 16 May 2013; or
p.000001: (b) the jurisdiction of the Human Rights Review Tribunal or of a court to hear and determine
p.000001: proceedings that arise out of a complaint described in paragraph (a).
p.000001: (6) Despite subsection (5)(b), if in proceedings to which that subsection applies the Human Rights Review
p.000001: Tribunal or a court finds that a specified allegation has been proved, the Human Rights Review Tribunal or
p.000001: the court may grant no remedy other than the declaration described in subsection (7).
p.000001: (7) The declaration that may be granted by the Human Rights Review Tribunal or the court in proceedings to
p.000001: which subsection (5)(b) applies is a declaration that the policy to which the finding relates is inconsistent
p.000001: with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act
p.000001: 1990.
p.000001: Section 70E: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70F Certificates relating to family care policies
p.000001: (1) The chief executive of the Ministry of Health may sign in respect of the Crown, and a chief executive of a
p.000001: DHB may sign in respect of the DHB, a certificate that states facts of the following kind in relation to the
p.000001: Crown or that DHB:
p.000001: (a) the contents of any family care policy that, in relation to any period of time, the Crown or the DHB
p.000001: currently has or that it previously had:
p.000001: (b) if the family care policy comes within paragraph (b) of the definition of that term set out in section
p.000001: 70B(1), a description of the practice followed by the Crown or the DHB.
p.000001: (2) A certificate under this section is—
p.000001: (a) admissible in all proceedings without proof of the signature or office of the person appearing to have
p.000001: signed the certificate; and
p.000001: (b) in the absence of proof to the contrary, sufficient evidence of the facts stated in it.
p.000001: Section 70F: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70G Savings
p.000001: (1) The proceedings between the Ministry of Health and Peter Atkinson (on behalf of the estate of Susan
p.000001: Atkinson) and 8 other respondents (being the proceedings that were the subject of the judgment of the
p.000001: Court of Appeal reported in Ministry of Health v Atkinson [2012] 3 NZLR 456) may be continued or settled
p.000001: as if this Part (other than this section) had not been enacted.
p.000001: (2) Any claim in the proceedings in the High Court between Margaret Spencer and the Attorney-General (CIV
p.000001: 2012-404-006717) may, if, and only if, made in pleadings filed in the High Court before 16 May 2013, be
p.000001: heard and determined as if this Part (other than this section) had not been enacted.
p.000001: (3) Subsection (4) applies to a contract or an arrangement—
p.000001: (a) that contains commitments or assurances by the Crown or a DHB; and
p.000001: (b) that is in effect immediately before the commencement of this Part; and
p.000001: (c) that provides for or envisages payments for support services provided to a family member.
p.000001: (4) The contract or arrangement—
p.000001: (a) must, if any of its terms relating to payment for support services to a family member were not
p.000001: permitted or authorised by a family care policy, be construed as if they had been so permitted and
p.000001: authorised; and
p.000001: (b) if still in effect on the day before the first anniversary of the commencement of this Part, ceases to
p.000001: be in effect on the close of that day.
p.000001: (5) Subsections (3) and (4) override section 70C.
p.000001: Section 70G: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001:
p.000001:
p.000001: Part 5
p.000001: Inquiries
p.000001: Inquiries and investigations under Commissions of Inquiry Act 1908
p.000001:
p.000001: 71 Minister may appoint Commission under Commissions of Inquiry Act 1908 to
p.000001: conduct inquiry or investigation
p.000001: (1) The Minister may appoint 1 or more persons as a Commission under the Commissions of Inquiry Act 1908
p.000001: to conduct an inquiry or investigation into, and report to the Minister on, 1 or more of the following:
p.000001: (a) the funding or provision of health services, disability support services, or both:
p.000001: (b) the management of any publicly-owned health and disability organisation:
p.000001: (c) a complaint or matter that arises or may arise under this Act or out of the administration of this Act.
p.000001: (2) Any appointment under subsection (1) may be made subject to any terms and conditions (being terms and
p.000001: conditions not inconsistent with any enactment) the Minister determines.
p.000001: (3) Sections 11 and 12 of the Commissions of Inquiry Act 1908 (which relate to costs) do not apply to any
p.000001: Commission appointed under subsection (1).
p.000001: (4) There may be paid out of money appropriated by Parliament for the purpose to any person or persons
p.000001: appointed under subsection (1)—
p.000001: (a) remuneration not within paragraph (b) for services as a member at a rate and of a kind determined
p.000001: by the Minister in accordance with the fees framework; and
p.000001: (b) reimbursement for actual and reasonable travelling and other expenses incurred in carrying out his
p.000001: or her office as a member.
p.000001: (4A) For the purposes of subsection (4), fees framework means the framework determined by the
p.000001: Government from time to time for the classification and remuneration of statutory and other bodies in
p.000001: which the Crown has an interest.
p.000001: (5) Any Commission appointed under subsection (1) may regulate its procedure in any manner (being a
p.000001: manner not inconsistent with any enactment or with any terms and conditions determined under
p.000001: subsection (2)) it thinks fit.
p.000001: (6) Nothing in this section limits any powers that the Minister has under any enactment or rule of law.
p.000001: Compare: 1993 No 22 s 47
p.000001: Section 71(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 71(4A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Special health inquiries
p.000001: 72 Minister may appoint inquiry board to conduct special health inquiry
p.000001: (1) The Minister may appoint a person or persons (an inquiry board) to conduct an inquiry into, and report to
p.000001: the Minister on, 1 or more of the following:
p.000001: (a) the funding or provision of health services, disability support services, or both:
p.000001: (b) the management of any publicly-owned health and disability organisation:
p.000001: (c) a complaint or matter that arises or may arise under this Act or out of the administration of this Act.
p.000001: (2) For the purposes of subsection (1)(a), the services need not be or have been funded or provided—
p.000001: (a) under this Act; or
p.000001: (b) after the commencement of this section.
p.000001: (3) The Director-General may, without further authority than this subsection, exercise the Minister’s powers
p.000001: under subsection (1) in relation to a proposed inquiry, and, if the Director-General does so, then, in relation
p.000001: to the inquiry, it is only the Director-General who—
p.000001: (a) may exercise the Minister’s powers under sections 73 to 75; and
p.000001: (b) must perform the Minister’s duties under those sections.
p.000001: (4) The Director-General must not exercise the Minister’s powers under sections 73 to 75, and perform the
p.000001: Minister’s duties under those sections, in accordance with subsection (3), unless the Director-General has
p.000001: first consulted the Minister about the Director-General doing so.
p.000001: (5) Nothing in this section, or sections 73 to 75, limits any powers that the Minister, or the Director-General,
p.000001: has under any other enactment or rule of law.
p.000001:
p.000001: 73 Consultation required before inquiry board appointed to inquire into certain matters
p.000001: (1) Subsection (2) applies if the Minister proposes to appoint an inquiry board under section 72(1) to inquire
p.000001: into a matter—
p.000001: (a) that is being investigated by the Health and Disability Commissioner; or
p.000001: (b) that is the subject of proceedings—
p.000001: (i) that relate to an alleged breach of the Code of Health and Disability Services Consumers’
p.000001: Rights; and
p.000001: (ii) that are known to the Health and Disability Commissioner; or
p.000001: (c) that includes a complaint—
p.000001: (i) that is made against, or that directly involves, a health practitioner (within the meaning of
p.000001: section 4 of the Health and Disability Commissioner Act 1994); and
p.000001: (ii) that is the subject of proceedings before the appropriate health professional body (within the
p.000001: meaning of section 38(2) of that Act).
p.000001: (2) If this subsection applies, the Minister must, before appointing the inquiry board, consult the Health and
p.000001: Disability Commissioner or, as the case requires, the appropriate health professional body, on the
p.000001: proposed appointment.
p.000001: (3) If the Minister proposes to appoint an inquiry board under section 72(1) to inquire into a matter in which
p.000001: the Ministry of Health is, or was, or may be, or may have been, involved, the Minister must seek advice
p.000001: on the proposed appointment from any adviser independent from the Ministry of Health (for example, the
p.000001: Solicitor-General) the Minister thinks fit.
p.000001: Section 73(1)(c)(i): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003
p.000001: (2003 No 48).
p.000001:
p.000001: 74 Discussion required before inquiry board appointed
p.000001: Before appointing an inquiry board under section 72(1), the Minister must select a person as prospective
p.000001: sole or principal member of the proposed inquiry board, and discuss with the person—
p.000001: (a) the content of the terms of reference for the proposed inquiry (including the time by which the inquiry
p.000001: board must finally report); and
p.000001: (b) whether the inquiry should be conducted in an inquisitorial or in an adversarial manner, and any
p.000001: other instructions as to procedure to be given under section 75(3)(b); and
p.000001: (c) the terms and conditions of appointment of the sole or principal member of the proposed inquiry
p.000001: board; and
p.000001: (d) whether the inquiry board needs any additional member (or additional members) and, if so, who
p.000001: might be appointed as an additional member (or as additional members) of the inquiry board; and
p.000001: (e) the support personnel, resources, and services that the proposed inquiry board is likely to need to
p.000001: be able to conduct the inquiry in accordance with—
p.000001: (i) the instructions proposed to be given under section 75(3)(b); and
p.000001: (ii) the requirements stated in sections 78 and 79.
p.000001: Section 74(b): amended, on 23 April 2011, by section 21 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 75 Establishment and alteration of inquiry
p.000001: (1) After the discussions referred to in section 74, the Minister may, under section 72(1), appoint a person as
p.000001: sole or principal member of the inquiry board on mutually acceptable terms and conditions.
p.000001: (2) If, after the discussions referred to in section 74, the Minister considers an inquiry board needs a member
p.000001: or members in addition to the sole or principal member, the Minister may, under section 72(1), appoint any
p.000001: person or persons as an additional member or as additional members of the inquiry board on mutually
p.000001: acceptable terms and conditions.
p.000001: (3) On appointing an inquiry board for an inquiry under section 72(1), the Minister must—
p.000001: (a) set the terms of reference for the inquiry (including the time by which the inquiry board must finally
p.000001: report); and
p.000001: (b) give the following procedural instructions that the inquiry board (and its support personnel) must,
p.000001: together with the procedural requirements stated in sections 78 and 79, apply and follow during the
p.000001: inquiry:
p.000001: (i) an instruction referred to in section 77(a); and
p.000001: (ii) an instruction referred to in section 77(g) if (and only if)—
p.000001: (A) the instruction referred to in section 77(a) given by the Minister is that the inquiry be
p.000001: conducted in an inquisitorial manner; and
p.000001: (B) the Minister thinks fit to give an instruction referred to in section 77(g); and
p.000001: (iii) any other instruction or instructions referred to in section 77 that the Minister thinks fit to give.
p.000001: (4) In any inquiry the Minister may, at any time after appointing the inquiry board,—
p.000001: (a) alter the inquiry board (including the sole or principal member) appointed:
...
p.000001: (a) fails to attend in accordance with the summons; or
p.000001: (b) refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that
p.000001: the person is lawfully required by the inquiry board or any member of it to answer concerning the
p.000001: subject of the inquiry; or
p.000001: (c) fails to produce any such book, paper, document, record, or thing.
p.000001: (2) Every person commits an offence who without lawful excuse contravenes any order made by an inquiry
p.000001: board under section 79(3)(b) or (c).
p.000001: (3) Every person commits an offence who—
p.000001: (a) wilfully obstructs or hinders an inquiry board or any member of it or any authorised person in any
p.000001: inspection or examination of books, papers, documents, records, or things, under section 82(1)(a);
p.000001: or
p.000001: (b) without sufficient cause, fails to comply with any requirement of an inquiry board or any authorised
p.000001: person made under section 82(1)(b) or (c).
p.000001: (4) Every person commits an offence who wilfully interrupts or obstructs any hearing conducted by an inquiry
p.000001: board.
p.000001: (5) Every person who commits an offence against this section is liable on conviction to a fine not exceeding
p.000001: $10,000.
p.000001: Compare: 1908 No 25 s 9(1)–(3)
p.000001: Section 86(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001:
p.000001:
p.000001:
p.000001: Part 6
p.000001: Miscellaneous provisions
p.000001: 87 Saving of certain transactions
p.000001: The validity or enforceability of any deed, agreement, right, or obligation entered into, or incurred by, the
p.000001: Crown or a publicly-owned health and disability organisation is not affected by a failure by the Crown or
p.000001: the organisation to comply with—
p.000001: (a) any provision in sections 3, 4, or 8, or Parts 3 and 4; or
p.000001: (b) any regulations made under section 92(1)(e); or
p.000001: (c) any provision of Schedules 3 to 6; or
p.000001: (d) any provision in any statement of intent or plan prepared under section 38; or
p.000001: (e) any direction or requirement given under this Act or any other Act.
p.000001: Section 87(d): amended, on 24 February 2011, by section 22 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 88 Arrangements relating to payments
p.000001: (1) Where the Crown or a DHB gives notice of the terms and conditions on which the Crown or the DHB will
p.000001: make a payment to any person or persons, and, after notice is given, such a payment is accepted by any
p.000001: such person from the Crown or DHB, then—
p.000001: (a) acceptance by the person of the payment constitutes acceptance by the person of the terms and
p.000001: conditions; and
p.000001: (b) compliance by the person with the terms and conditions may be enforced by the Crown or DHB (as
p.000001: the case may be) as if the person had signed a deed under which the person agreed to the terms
p.000001: and conditions.
p.000001: (2) Any terms and conditions of which notice is given under subsection (1), unless they expressly provide
p.000001: otherwise, are deemed to include a provision to the effect that 12 weeks’ notice must be given of any
p.000001: amendment or revocation of the terms and conditions.
p.000001: (3) Every notice, and every amendment or revocation of a notice, must be published in the Gazette before the
p.000001: notice, amendment, or revocation takes effect; and, as soon as practicable, the Minister must present a
p.000001: copy to the House of Representatives.
p.000001: (4) No notice may be issued under this section that would bind Pharmac or NZBS.
p.000001:
p.000001: 89 Principles of national consistency applicable to notices under section 88
p.000001: (1) The principles stated in subsection (2) apply to the Crown and to a DHB whenever the Crown or a DHB
p.000001: proposes to issue a notice under section 88.
p.000001: (2) The principles are—
p.000001: (a) that it is desirable to maintain national consistency in the terms and conditions set in respect of the
p.000001: same or substantially the same services; but
p.000001: (b) that it needs to be recognised that there are circumstances when there is good reason to depart
p.000001: from terms and conditions set in respect of the same or substantially the same services, including,
p.000001: without limitation,—
p.000001: (i) special circumstances relating to a geographical area; or
p.000001: (ii) the need to adjust the amounts payable for services; or
p.000001: (iii) the need to update standards set for services.
p.000001: (3) A DHB may not issue a notice under section 88 without the written approval of the Minister if the proposed
p.000001: notice—
p.000001: (a) relates to services in respect of which the DHB has not previously issued a notice; or
p.000001: (b) sets terms and conditions in respect of particular services that depart from terms and conditions set
p.000001: out in an existing notice in respect of the same or substantially the same services; or
p.000001: (c) differentiates between persons or classes of person accepting payment under section 88.
p.000001: (4) The Minister’s approval may be given subject to any conditions the Minister specifies.
p.000001: (5) Any notice under section 88 that departs from an existing notice in the manner referred to in subsection
p.000001: (3)(b) or differentiates in the manner referred to in subsection (3)(c) must include a statement of the
p.000001: reasons for the departure or differentiation.
p.000001: (6) In this section, existing notice means a notice issued under section 88, or continued by section 112(3),
p.000001: that is for the time being in force.
p.000001: (7) The Minister must present to the House of Representatives a copy of any approval given under this
p.000001: section.
p.000001:
p.000001: 90 Exclusion of liability
p.000001: (1) A member of a board, or of a committee of a board, of a publicly-owned health and disability organisation
p.000001: is not liable for any liability, or act or omission, of the organisation.
p.000001: (2) A member of a board, or of a committee of a board, of a publicly-owned health and disability organisation
p.000001: is not liable to the organisation for any act or omission done or omitted in his or her capacity as a member,
p.000001: if he or she acted in good faith, and with reasonable care, in pursuance of the functions of the
p.000001: organisation.
p.000001: (2A) Section 59(3) of the Crown Entities Act 2004 (which provides that a statutory entity may bring an action
p.000001: against a member for breach of an individual duty) does not apply to a member of a publicly-owned health
p.000001: and disability organisation, unless it is shown by that publicly-owned health and disability organisation that
p.000001: the person did not act with good faith, or with reasonable care.
p.000001: (3) Every member of the board, or of any committee of the board, of a publicly-owned health and disability
p.000001: organisation is indemnified by the organisation—
p.000001: (a) for costs and damages for any civil liability arising from any action brought by a third party in respect
p.000001: of any act or omission done or omitted in his or her capacity as a member, if he or she acted in good
p.000001: faith, and with reasonable care, in pursuance of the functions of the organisation; and
p.000001: (b) for costs arising from any successfully defended criminal proceeding in relation to any such act or
p.000001: omission.
p.000001: (4) A member of a committee established or appointed under Part 2 is not liable for any act or omission done
p.000001: or omitted in his or her capacity as a member, if he or she acted in good faith, and with reasonable care,
p.000001: in pursuance of the functions of the committee.
p.000001: (5) Sections 120 to 126 of the Crown Entities Act 2004 do not apply to a publicly-owned health and disability
p.000001: organisation, members of the board or a committee of the board of a publicly-owned health and disability
p.000001: organisation, or office holders or employees of a publicly-owned health and disability organisation.
p.000001: Section 90(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 90(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 91 No compensation for loss of office
p.000001: Neither the Crown nor any publicly-owned health and disability organisation may make any payment to, or
p.000001: otherwise compensate, any person in respect of the person ceasing for any reason to hold any office
p.000001: established by or under this Act.
p.000001:
p.000001: 92 Regulations
p.000001: (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
p.000001: (a) imposing restrictions and requirements relating to reinsurance, service agreements, and notices
p.000001: under section 88:
p.000001: (b) specifying the circumstances in which a person may lend money to a DHB:
p.000001: (c) specifying any class of shares or interests that, and any conditions on which, DHBs may—
p.000001: (i) hold in a body corporate or in a partnership, joint venture, or other association of persons; or
p.000001: (ii) settle, or be or appoint a trustee of, a trust:
p.000001: (d) specifying the form of any document of the kind referred to in section 42 or section 67, and
p.000001: specifying matters to be stated in any such document in addition to those required by those sections
p.000001: or the Crown Entities Act 2004 :
p.000001: (e) imposing procedural requirements in relation to any consultation required by or under this Act, not
p.000001: being requirements that are inconsistent with any provision of this Act:
p.000001: (f) specifying kinds of information for the purposes of clause 49 of Schedule 3:
p.000001: (g) in relation to any plans to be prepared under section 38(1)(a) or 38(1)(b),—
p.000001: (i) specifying the form of the plan; and
p.000001: (ii) imposing requirements relating to the content of the plan; and
p.000001: (iii) imposing procedural requirements (such as a requirement for consultation) that must be
p.000001: complied with in the preparation of the plan:
p.000001: (h) [Repealed]
p.000001: (i) prescribing standard provisions that are to be regarded as being included in all Crown funding
p.000001: agreements between the Crown and DHBs:
p.000001: (j) providing for any other matters contemplated by this Act or necessary for its administration or
p.000001: necessary for giving it full effect.
p.000001: (2) The Governor-General may, by Order in Council made on the recommendation of the Minister, make
p.000001: regulations prescribing rules by which disputes or differences between any 1 or more publicly-owned
p.000001: health and disability organisations or providers of services or other persons are to be mediated or
p.000001: arbitrated.
p.000001: (3) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
p.000001: (a) providing for the issue of entitlement cards (including cards that may record information of any
p.000001: description that is capable of being read or processed by a computer, but not including cards that
p.000001: are themselves capable of processing information) to various classes of persons or the continuation
p.000001: of use of such cards issued under the Health Entitlement Cards Regulations 1993:
p.000001: (b) prescribing the classes of persons eligible to be issued with the cards:
p.000001: (c) prescribing and regulating the use of the cards, including (but not limited to)—
p.000001: (i) their use to obtain any payment or exemption from payment for health services or disability
p.000001: support services supplied to the holder of a card, or his or her dependent spouse or partner or
p.000001: child:
p.000001: (ii) specifying time limits on the validity of the cards:
p.000001: (iii) requiring holders to return the cards to the Ministry of Health:
p.000001: (iv) any other conditions relating to their use:
p.000001: (d) providing for reviews or appeals, or both, of any decisions made under any regulations authorised
p.000001: by paragraphs (a) to (c):
p.000001: (e) prescribing offences relating to the improper use of the cards and the fines (not exceeding $10,000)
p.000001: that may be imposed in respect of any such offences.
p.000001: (4) The Health Entitlement Card Regulations 1993 are deemed to have been made under subsection (3) and
p.000001: may be amended or revoked accordingly.
p.000001: (5) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the
p.000001: following purposes:
p.000001: (a) providing for returns to be made by persons importing into or manufacturing in New Zealand any
p.000001: alcohol, or any class or kind of alcohol, for the purpose of ascertaining the amount of any levy
p.000001: payable under this Act, and providing for the verification of returns:
p.000001: (b) exempting any person or class of persons from paying any levy that would otherwise be payable
p.000001: under this Act in any case where the cost of assessing or collecting the levy exceeds the amount
p.000001: payable by way of the levy:
p.000001: (c) amending or replacing the table in Schedule 4B, and amending, omitting, or reinserting the
p.000001: description of the method for determining variable rates.
p.000001: (6) Regulations under subsection (5)(c) may be made only—
p.000001: (a) for the purpose of aligning the rates for classes of alcohol under this Act with the classification
p.000001: system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties
p.000001: Table (as defined in section 5(1) of the Customs and Excise Act 2018 ); and
p.000001: (b) after consultation with the Minister of Customs.
p.000001: Section 92(1)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(b): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(d): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(g): substituted, on 24 February 2011, by section 23(1) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001: Section 92(1)(h): repealed, on 25 December 2002, by section 51(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001: Section 92(2): amended, on 24 February 2011, by section 23(2) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 92(3)(c)(i): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.000001: Section 92(5): inserted, on 1 July 2012, by section 10 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 92(6): inserted, on 1 July 2012, by section 10 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 92(6)(a): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000001:
p.000001:
p.000001:
p.000001: Part 7
p.000001: Transitional and consequential provisions
p.000001: 93 Interpretation
p.000001: In this Part, unless the context otherwise requires,—
p.000001: assets has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993
p.000001: dissolved entity means any of the following:
p.000001: (a) the Health Funding Authority:
p.000001: (b) any hospital and health service:
p.000001: (c) New Zealand Blood Service Limited:
p.000001: (d) Pharmaceutical Management Agency Limited
p.000001: Health Funding Authority means the authority continued by section 32(1) (as in force immediately before
p.000001: the commencement of this section) of the Health and Disability Services Act 1993
p.000001: hospital and health service means every company formed and registered in accordance with section 37
p.000001: of the Health and Disability Services Act 1993
p.000001: liabilities has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993
p.000001: New Zealand Blood Service Limited means the hospital and health service incorporated with the name
p.000001: New Zealand Blood Service Limited
p.000001: Pharmaceutical Management Agency Limited means the company incorporated under the Companies
p.000001: Act 1993 with the name Pharmaceutical Management Agency Limited
p.000001: transfer has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993.
p.000001:
p.000001: Assets and liabilities of dissolved entities to vest in publicly-owned health and disability
p.000001: organisations
p.000001:
p.000001: 94 Health Funding Authority dissolved and assets and liabilities vested in the Crown
p.000001: (1) The Health Funding Authority is dissolved.
p.000001: (2) No person who, immediately before the commencement of this section, held office as a director of the
p.000001: Health Funding Authority is entitled to compensation for loss of the office.
p.000001: (3) On the commencement of this section, the assets and liabilities of the Health Funding Authority vest in the
p.000001: Crown (acting, in the case of any shares vested, through the Minister and, in the case of any other assets
p.000001: or liabilities vested, through the Ministry of Health).
p.000001:
p.000001: 95 Hospital and health services dissolved and assets and liabilities vested in DHBs
p.000001: (1) Every hospital and health service is dissolved.
p.000001: (2) No person who, immediately before the commencement of this section, held office as a director of a
p.000001: hospital and health service is entitled to compensation for loss of the office.
p.000001: (3) Except as provided in subsection (4), on the commencement of this section, the assets and liabilities of
p.000001: each hospital and health service (other than New Zealand Blood Service Limited) vest in the DHB whose
p.000001: name is shown opposite the name of the hospital and health service in column 2 of Schedule 7.
p.000001: (4) The assets and liabilities vested by subsection (3) do not include rights or obligations under any contract
p.000001: of service under which a person was, before the commencement of this section, employed as the chief
p.000001: executive of a hospital and health service.
...
p.000001: person to become a contributor to the Government Superannuation Fund after that person has ceased to
p.000001: be a contributor.
p.000001: (4) For the purposes of applying the Government Superannuation Fund Act 1956 , in accordance with
p.000001: subsection (2), to a person who is in the service of a transferee and is a contributor to the Government
p.000001: Superannuation Fund, the term controlling authority, in relation to that person, means the chief
p.000001: executive of the transferee.
p.000001:
p.000001: 101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees
p.000001: of dissolved entities and certain employees of Ministry of Health
p.000001: (1) Section 13 of the Health Sector (Transfers) Act 1993 applies to any person who, at any time in the period
p.000001: commencing on 1 April 2000 and ending with the commencement of this section, was an employee of a
p.000001: dissolved entity as if—
p.000001: (a) in subsection (1) of that section there were inserted, before the words “an employee of a transferor”,
p.000001: the words “on or after 1 April 2000”:
p.000001: (b) in subsection (2) of that section there were inserted, before the words “an employee of a transferor”,
p.000001: the words “on or after 1 August 2000”:
p.000001: (c) in subsection (2) of that section there were substituted for the expression “9 months”, the expression
p.000001: “3 months”:
p.000001: (d) in subsection (6) of that section there were substituted for the words “31st day of December 1994”,
p.000001: the words “commencement of section 101 of the New Zealand Public Health and Disability Act
p.000001: 2000”.
p.000001: (2) For the purposes of subsection (1), every dissolved entity is to be taken to be a transferor as well as a
p.000001: transferee within the meaning of the Health Sector (Transfers) Act 1993 .
p.000001: (3) Before 31 December 2002, the Director-General may give notice to any employee of the Director-General
p.000001: that the employee may, through the operation of section 4 or section 5 of the Health Sector (Transfers)
p.000001: Act 1993, become an employee of a DHB or of a subsidiary of a DHB.
p.000001: (4) From the date of a notice given to an employee under subsection (3), the Health Sector (Transfers) Act
p.000001: 1993 applies to the employee as if—
p.000001: (a) in section 13(2) there were substituted for the expression “9 months”, the expression “3 months”:
p.000001: (b) in section 13(6) there were substituted for the words “the 31st day of December 1994”, the
p.000001: expression “31 December 2002”:
p.000001: (c) in section 15(1) there were substituted for the words “the 31st day of March 1994”, the expression
p.000001: “31 December 2002”.
p.000001: Section 101(1)(d): amended, on 22 October 2003, by section 3 of the New Zealand Public Health and Disability Amendment Act 2003
p.000001: (2003 No 87).
p.000001:
p.000001: 102 References to dissolved entities to be references to their successors
p.000001: As from the commencement of this section, unless the context otherwise requires, every reference in any
p.000001: notice or document—
p.000001: (a) to the Health Funding Authority must be read as a reference to the Crown (acting, in the case of any
p.000001: shares formerly held by the Health Funding Authority, through the Minister and, in any other case,
p.000001: through the Ministry of Health):
p.000001: (b) to a hospital and health service (other than New Zealand Blood Service Limited) must be read as a
p.000001: reference to the DHB in whom the assets and liabilities of the hospital and health service are vested
p.000001: by section 95:
p.000001: (c) to New Zealand Blood Service Limited must be read as a reference to NZBS:
p.000001: (d) to the Pharmaceutical Management Agency Limited must be read as a reference to Pharmac.
p.000001:
p.000001: 103 Persons in whom assets and liabilities vested deemed dissolved entities for certain
p.000001: purposes
p.000001: Every person in whom the assets and liabilities of a dissolved entity are vested by any of sections 94 to 96
p.000001: and 98 is deemed to be the dissolved entity for the purposes of any requirement or entitlement under—
p.000001: (a) the Goods and Services Tax Act 1985; or
p.000001: (b) any enactment or accounting practice relating to accounting records or financial statements.
p.000001:
p.000001: Transitional provisions relating to annual reports and financial statements of dissolved entities
p.000001:
p.000001: 104 Meaning of final report
p.000001: In section 105, final report, in relation to a dissolved entity, means—
...
p.000001: but must complete that statement before the 29th day after his or her appointment; and
p.000001: (c) if such members hold a meeting of a board of a DHB before 1 February 2001, clauses 16 to 24, 28
p.000001: and 31 to 35 of Schedule 3 do not apply to that meeting.
p.000001: (3) As soon as practicable after the commencement of this section, the Minister must make appointments
p.000001: under subsection (1) to enable each DHB to operate on and from 1 January 2001.
p.000001: (4) For the purpose of enabling a DHB to operate on and from 1 January 2001, the members appointed under
p.000001: subsection (1) in respect of a DHB may, before that date, exercise or perform any duty, power, or function
p.000001: of the board of the DHB.
p.000001: (5) A record of every meeting of the board of a DHB held in accordance with subsection (2)(c) and of every
p.000001: decision taken in respect of the board of a DHB under subsection (4) must be tabled at the first meeting of
p.000001: the board that is publicly notified under clause 16 of Schedule 3.
p.000001: (6) Despite subsection (2), when the first elected members of a board of a DHB come into office, every
p.000001: member appointed under subsection (1) ceases to be a member of the board.
p.000001:
p.000001: Amendments to other Acts
p.000001:
p.000001: 107 Amendments to Commerce Act 1986
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: 108 Amendments to State Sector Act 1988
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: 109 Amendment to Mental Health Commission Act 1998
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Consequential repeals, revocations, and amendments
p.000001:
p.000001: 110 Consequential repeals and revocations
p.000001: (1) The following Acts are repealed:
p.000001: (a) Health and Disability Services Act 1993 (1993 No 22):
p.000001: (b) Maternal Mortality Research Act 1968 (1968 No 26).
p.000001: (2) The instruments specified in Schedule 8 are revoked.
p.000001:
p.000001: 111 Consequential amendments
p.000001: (1) The Acts specified in Schedule 9 are amended in the manner indicated in that schedule.
p.000001: (2) The regulations specified in Schedule 10 are amended in the manner indicated in that schedule.
p.000001:
p.000001: 112 Saving
p.000001: (1) The direction concerning the eligibility of persons for Crown-funded services given to the Health Funding
p.000001: Authority under section 25 of the Health and Disability Services Act 1993, and in force immediately before
p.000001: the commencement of this section, is deemed to have been given, under section 32, to every DHB.
p.000001: (2) The Minister may at any time amend or revoke the direction referred to in subsection (1) by issuing a
p.000001: direction under section 32.
p.000001: (3) Every notice given, under section 51 of the Health and Disability Services Act 1993, and in force
p.000001: immediately before the commencement of this section, continues in force as if the notice had been given
p.000001: by the Crown under section 88.
p.000001: (4) The Crown (acting through the Ministry of Health) may at any time amend or revoke a notice referred to in
p.000001: subsection (3) by issuing a notice under section 88.
p.000001: (5) Despite sections 28 and 63, during the period of 1 year ending after the commencement of this section, a
p.000001: publicly-owned health and disability organisation may—
p.000001: (a) hold any shares or interests in a body corporate or in a partnership, joint venture, or other
p.000001: association of persons if those shares or interests were vested in the organisation by this Act; and
p.000001: (b) be the trustee of a trust if the office as trustee was vested in the organisation by this Act.
p.000001: (6) On the expiry of the period referred to in subsection (5), no organisation may continue to hold such shares
p.000001: or interests or be such a trustee without the consent of the Minister, given in accordance with section 28
p.000001: or section 63, as the case may require.
p.000001: Appropriations for purposes of Act
p.000001:
p.000001: 113 Interim authority of Crown to incur liabilities
p.000001: (1) Liabilities of up to a total of $1,200,000,000 may, during the 2000/01 year, be incurred in advance of
p.000001: appropriation in relation to Vote Health to provide the capital injections required to establish the District
p.000001: Health Boards.
p.000001: (2) All liabilities incurred under this section must be charged in the manner to be specified in an Appropriation
p.000001: Act for the 2000/01 year and, until the coming into force of the Appropriation Act in which that manner is
p.000001: specified, may be incurred during the 2000/01 year as if they had been incurred in accordance with one of
p.000001: the separate appropriations specified in section 4(3) of the Public Finance Act 1989.
p.000001:
p.000001: Transitional provisions relating to New Zealand health strategy and New Zealand disability
p.000001: strategy
p.000001:
p.000001: 114 Consultation for first New Zealand health strategy and first New Zealand disability
p.000001: strategy
p.000001: (1) The consultation undertaken, before the commencement of this section, by the Minister on proposals for a
p.000001: New Zealand health strategy is to be taken to be consultation for the purposes of section 8(3) for the first
p.000001: New Zealand health strategy determined after the commencement of this section.
p.000001: (2) The consultation undertaken, before the commencement of this section, by the Minister of the Crown who
p.000001: is responsible for disability issues on proposals for a New Zealand disability strategy is to be taken to be
p.000001: consultation for the purposes of section 8(3) for the first New Zealand disability strategy determined after
p.000001: the commencement of this section.
p.000001:
p.000001:
p.000001: Schedule 1
p.000001: DHBs and their geographical areas
p.000001: s 19(1)
p.000001: Representative geographical area based on territorial authority
p.000001: Organisation and ward boundaries as constituted as at 1 January 2001
p.000001: Northland DHB Far North District, Whangarei District, Kaipara District
p.000001: Waitemata DHB North Shore City, Rodney District, Waitakere City
p.000001: Auckland DHB Auckland City
p.000001: Counties Manukau DHB Manukau City, Papakura District, Franklin District
p.000001: Waikato DHB Hauraki District, Thames-Coromandel District, Waikato District, Waipa
p.000001: District, Hamilton City, South Waikato District, Matamata-Piako
p.000001: District, Otorohanga District, Waitomo District, Ruapehu District
p.000001: (Ohura, Taumarunui and National Park Wards only)
p.000001: Lakes DHB Taupo District, Rotorua District
p.000001: Bay of Plenty DHB Tauranga District, Western Bay of Plenty District, Whakatane District,
p.000001: Kawerau District, Opotiki District, Mayor Island (Tuhua), Motiti Island
p.000001: Tairawhiti DHB Gisborne District
p.000001: Taranaki DHB New Plymouth District, Stratford District, South Taranaki District
p.000001: Hawke’s Bay DHB Wairoa District, Hastings District, Napier City, Central Hawkes Bay
p.000001: District
p.000001: Whanganui DHB Wanganui District, Rangitikei District, Ruapehu District (Waiouru and
p.000001: Waimarino Wards only)
p.000001: MidCentral DHB Manawatu District, Palmerston North City, Tararua District,
p.000001: Horowhenua District, Kapiti Coast District (Otaki Ward only)
p.000001: Hutt DHB Upper Hutt City, Lower Hutt City
p.000001: Capital and Coast DHB Kapiti Coast District (Paraparaumu, Waikanae and Paekakariki-
p.000001: Raumati Wards only), Porirua City, Wellington City
p.000001: Wairarapa DHB Masterton District, Carterton District, South Wairarapa District
p.000001: Nelson Marlborough DHB Tasman District, Nelson City, Marlborough District
p.000001: West Coast DHB Buller District, Grey District, Westland District
p.000001: Canterbury DHB Kaikoura District, Hurunui District, Waimakariri District, Banks
p.000001: Peninsula District, Selwyn District, Christchurch City, Ashburton
p.000001: District, Chatham Islands Territory
p.000001: South Canterbury DHB Timaru District, Mackenzie District, Waimate District
p.000001: Southern DHB Waitaki District, Central Otago District, Dunedin City, Clutha District,
p.000001: Southland District, Gore District, Invercargill City, Queenstown-Lakes
p.000001: District
p.000001: Schedule 1: amended, on 30 June 2015, by clause 3(2) of the Health and Disability (Geographical Areas of DHBs) Order 2015 (LI
p.000001: 2015/133).
p.000001: Schedule 1: amended, on 30 June 2015, by clause 3(3) of the Health and Disability (Geographical Areas of DHBs) Order 2015 (LI
p.000001: 2015/133).
p.000001: Schedule 1: amended, on 1 May 2010, by clause 4(1) of the Health and Disability (Establishment of Southern DHB) Order 2010
p.000001: (SR 2010/78).
p.000001: Schedule 1: amended, on 1 May 2010, by clause 4(2) of the Health and Disability (Establishment of Southern DHB) Order 2010
p.000001: (SR 2010/78).
p.000001: Schedule 1: amended, on 6 August 2004, by clause 3 of the Health (Geographical Areas of District Health Boards) Order 2004 (SR
p.000001: 2004/227).
p.000001: Schedule 1: amended, on 27 April 2001, by clause 7 of the Health (Constituencies of District Health Boards) Order 2001 (SR 2001/77).
p.000001:
p.000001:
p.000001:
p.000001: Schedule 2
p.000001: Membership of boards: Election and appointment of members, and
p.000001: effect of boundary changes on membership
p.000001: ss 29(1), 45(1)
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Purpose of this schedule
p.000001: 2 Purpose
p.000001: Electors and candidates
p.000001: 3 Residential qualification for electors
p.000001: 4 Qualification for candidates
p.000001: 5 Candidates not to stand for more than 1 district
p.000001: 6 Candidate to declare conflicts of interest
p.000001: 7 Employees of DHBs may stand for elections
p.000001: Application of Local Electoral Act 2001
p.000001: 8 Elections governed by Local Electoral Act 2001 and regulations made under that Act
p.000001: 9 Timing of elections
p.000001: 9A Elections in 2004 and subsequently to be conducted using Single Transferable Voting
p.000001: 9B Related amendments to New Zealand Public Health and Disability Act 2000
p.000001: 10 No by-elections
p.000001: Rolls for election
p.000001: 11 Rolls for election
p.000001: Conduct of election
p.000001: 12 Postal voting
p.000001: Cost of elections
p.000001: 13 Cost to be borne by DHB
p.000001: When members come into office
p.000001: 14 When elected members come into office
p.000001: 15 When appointed members come into office
p.000001: Appointment to boards of newly created DHBs
p.000001: 16 Appointment of new DHB
p.000001: Persons who may not be members of boards
p.000001: 17 Certain persons disqualified from membership
p.000001: Effect of boundary changes
p.000001: 18 Reorganisation of districts
p.000001: 19 Other alterations of districts
p.000001: 20 Inquiries by Local Government Commission
p.000001:
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: constituency, in relation to a DHB, means,—
p.000001: (a) if the district of the DHB has been divided into constituencies by an Order in Council under section
p.000001: 19, each such constituency; and
p.000001: (b) if the district of the DHB has not been divided in that way, the district of the DHB
p.000001: district, in relation to a DHB, means the geographical area specified opposite to that board in column 2 of
p.000001: Schedule 1
p.000001: election of a DHB means an election to elect the elective members of the board of a DHB
p.000001: elector means an elector at an election of a DHB
p.000001: territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002; but
p.000001: does not include the Minister of the Crown responsible for the administration of that Act
...
p.000001:
p.000001: 8 Elections governed by Local Electoral Act 2001 and regulations made under that Act
p.000001: (1) The provisions of the Local Electoral Act 2001 and any regulations made under that Act apply, with all
p.000001: necessary modifications, to every election of a DHB.
p.000001: (2) Subclause (1) is subject to the provisions of this Act and to any regulations made under this Act.
p.000001: Schedule 2 clause 8 heading : amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 8(1): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 9 Timing of elections
p.000001: (1) The elections of DHBs must be held in conjunction with every triennial general election.
p.000001: (2) For the purposes of subclause (1), the first triennial general election is the one to be held in 2001.
p.000001:
p.000001: 9A Elections in 2004 and subsequently to be conducted using Single Transferable
p.000001: Voting
p.000001: The elections of DHBs to be held at the triennial general election in 2004 and at every subsequent
p.000001: triennial general election must be conducted by the Single Transferable Voting electoral system (STV)
p.000001: using the New Zealand method of counting single transferable votes .
p.000001: Schedule 2 clause 9A : inserted, on 1 July 2001, by section 150 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 9A : amended, on 25 December 2002, by section 51(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 9B Related amendments to New Zealand Public Health and Disability Act 2000
p.000001: The person appointed by a District Health Board under section 12 of the Local Electoral Act 2001 must be
p.000001: a person who is also the electoral officer of a territorial authority in whose district the District Health Board
p.000001: is wholly or partly situated.
p.000001: Schedule 2 clause 9B : inserted, on 25 December 2002, by section 51(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 10 No by-elections
p.000001: No by-election or poll may be held under the Local Electoral Act 2001 for the purpose of electing a
p.000001: member to a board.
p.000001: Schedule 2 clause 10: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Rolls for election
p.000001: 11 Rolls for election
p.000001: (1) If the district of a DHB is situated wholly within the district of any territorial authority, the part of the roll
p.000001: containing the details of the residential electors on the roll for that territorial authority’s district whose
p.000001: addresses are within the DHB’s district is the roll of electors for the election of the DHB.
p.000001: (2) In any other case, the relevant parts of the rolls containing the details of the residential electors of the
p.000001: districts of the territorial authorities that are situated wholly or partly within the district of a DHB whose
p.000001: addresses are within the district of the DHB are the rolls of electors for the election of the DHB.
...
p.000001: (a) printed placards affixed to public places in that district:
p.000001: (b) radio or television broadcasts:
p.000001: (c) notices available on the Internet, or given by any other electronic means.
p.000001: Compare: 1987 No 174 ss 2(1), 45
p.000001:
p.000001: Members
p.000001:
p.000001: 2 Appointed members
p.000001: (1) Appointed members of the board of a DHB—
p.000001: (a) [Repealed]
p.000001: (b) are eligible for reappointment unless they have held office for 6 consecutive years, in which case
p.000001: they must not be reappointed immediately unless the Minister consents in writing to them being re-
p.000001: appointed immediately and holding office consecutively for longer than 6 years but not exceeding 9
p.000001: years:
p.000001: (c) may also hold office as appointed members of the board of 1 or more other DHBs.
p.000001: (2) Subclause (1)(b) applies despite section 32(2) of the Crown Entities Act 2004.
p.000001: Schedule 3 clause 2(1)(a) : repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 3 clause 2(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 3 Elected members
p.000001: Elected members of the board of a DHB,—
p.000001: (a) if they have not ceased to hold that office earlier and are not re-elected in the next triennial election
p.000001: of members of boards, cease to hold that office when the members elected in that election come into
p.000001: office:
p.000001: (b) are not to hold office as elected members of the board of any other DHB:
p.000001: (c) may hold office as appointed members of the board of 1 or more other DHBs.
p.000001: Schedule 3 clause 3(b): substituted, on 9 November 2010, by section 24(1) of the New Zealand Public Health and Disability Amendment
p.000001: Act 2010 (2010 No 118).
p.000001: Schedule 3 clause 3(c): added, on 9 November 2010, by section 24(1) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001:
p.000001: 4 Terms or conditions of office, and remuneration
p.000001: [Repealed]
p.000001: Schedule 3 clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 5 Training relating to members’ obligations and duties
p.000001: (1) A board that has elected or appointed to it a member or members not already familiar with the obligations
p.000001: and duties of a member of a board, Maori health issues, Treaty of Waitangi issues, or Maori groups or
p.000001: organisations in the district of the DHB concerned must fund and, to the extent practicable, ensure the
p.000001: member or members undertake and complete, training approved by the Minister relating to whichever of
p.000001: those matters the member or members are not familiar with.
p.000001: (2) Any such board must keep an up-to-date record of the following matters:
p.000001: (a) the name of each member of the board:
p.000001: (b) the date on which each member of the board most recently came into office as a member of the
p.000001: board:
p.000001: (c) any familiarity each member of the board has at that date with the obligations and duties of a
p.000001: member of a board, Maori health issues, Treaty of Waitangi issues, and Maori groups or
p.000001: organisations in the district of the DHB concerned:
p.000001: (d) the nature of the training (if any) the board is required by subclause (1) to fund and, to the extent
p.000001: practicable, have any of its members undertake and complete:
p.000001: (e) the date that training was completed or, if it is still in progress, the date on which it started and the
p.000001: date by which it is expected to have been completed or, if it has not yet started, the date on which it
p.000001: is expected to start.
...
p.000001: (c) dismiss any member, or chairperson, or deputy chairperson, of a committee of the board:
p.000001: (d) dissolve any committee of the board.
p.000001: (2) In making appointments to a committee of a board, the board must endeavour, where appropriate, to
p.000001: ensure representation of Maori on the committee.
p.000001: (3) If a board of a DHB dismisses any member, or chairperson, or deputy chairperson, of a committee of the
p.000001: board, under subclause (1)(c), the board must, on or as soon as reasonably practicable after the
p.000001: dismissal, give that person a written statement of the board’s reasons for the dismissal.
p.000001: (4) A board may regulate the procedure of each committee of the board in any manner not inconsistent with
p.000001: this Act the board thinks fit.
p.000001: (5) If meetings of a committee of a board involve making decisions or resolutions on behalf of the board,
p.000001: clauses 16 to 24, 28, and 31 to 35 apply to those meetings as if the committee were the board.
p.000001: (6) Before a board of a DHB appoints a person who is not a member of the board to a committee of the
p.000001: board, the person must give the board a statement completed by the person in good faith that—
p.000001: (a) discloses any conflicts of interest that the person has with the DHB as at the date on which the
p.000001: statement is completed, or states that the person has no such conflicts of interest as at that date;
p.000001: and
p.000001: (b) discloses any such conflicts of interest that the person believes are likely to arise in future, or states
p.000001: that the person does not believe that any such conflicts are likely to arise in future.
p.000001: (7) Nothing in this clause applies in respect of the community and public health advisory committee, or
p.000001: disability support advisory committee, or hospital advisory committee, of the board of any DHB.
p.000001: (8) Clauses 38 and 39 of Schedule 4 apply to every committee established under this clause.
p.000001: Schedule 3 clause 38(1)(a): amended, on 9 November 2010, by section 24(2) of the New Zealand Public Health and Disability
p.000001: Amendment Act 2010 (2010 No 118).
p.000001:
p.000001: Delegations
p.000001: 39 Delegations
p.000001: (1) Every board must,—
p.000001: (a) as soon as practicable after the commencement of this clause, formulate a policy for the exercise of
p.000001: its powers of delegation under this clause:
p.000001: (b) keep the policy under review, and amend or replace the policy as it considers appropriate:
p.000001: (c) make the policy formulated, and any amendments to or replacements of the policy, publicly
p.000001: available.
p.000001: (2) A formulation, amendment, or replacement under subclause (1) does not come into force unless it has
p.000001: been approved by the Minister, and the Minister may give his or her approval subject to any conditions the
p.000001: Minister specifies.
p.000001: (3) When a policy referred to in subclause (1) is in force, every exercise by the board of a power of delegation
p.000001: under this clause must comply with that policy.
p.000001: (4) A board may, by written notice to a committee of the board, delegate to that committee any of the
p.000001: functions, duties, or powers, of the board, or of the DHB concerned.
p.000001: (5) A board may, by written notice to any member of the board or employee of the DHB concerned, or person
p.000001: or class of persons approved by the Minister for the purpose, delegate to that member, employee, person,
p.000001: or class of persons any of the functions, duties, or powers, of the board, or of the DHB concerned.
p.000001: (6) A delegation of a function, duty, or power under this clause—
p.000001: (a) is revocable at will:
p.000001: (b) does not prevent the board or DHB concerned from performing the function or duty, or exercising
p.000001: the power.
p.000001: (7) A delegation under subclause (5)—
p.000001: (a) may be to any named person or to any member of a specified class of persons; and
...
p.000001: Schedule 3 clause 45A(2) : amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013
p.000001: (2013 No 70).
p.000001:
p.000001: 46 Investment
p.000001: Sections 160 and 161 of the Crown Entities Act 2004 (which relate to acquisition of securities) apply to a
p.000001: DHB subject to section 28.
p.000001: Schedule 3 clause 46: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Tax status
p.000001: [Repealed]
p.000001: Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 47 Tax status
p.000001: [Repealed]
p.000001: Schedule 3 clause 47: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Address for service
p.000001: [Repealed]
p.000001: Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 48 Address for service
p.000001: [Repealed]
p.000001: Schedule 3 clause 48: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Public Records Act 2005 to apply
p.000001: Heading: substituted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
p.000001:
p.000001: 49 Public Records Act 2005 to apply
p.000001: The Public Records Act 2005 applies to information held by DHBs that is of a kind specified by regulations
p.000001: made under this Act.
p.000001: Schedule 3 clause 49: substituted, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
p.000001:
p.000001:
p.000001:
p.000001: Schedule 4
p.000001: Provisions applying to community and public health advisory
p.000001: committees, disability support advisory committees, and hospital
p.000001: advisory committees
p.000001: s 45(2)
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Functions of community and public health advisory committees
p.000001: 2 Functions of community and public health advisory committees
p.000001: Functions of disability support advisory committees
p.000001: 3 Functions of disability support advisory committees
p.000001: Functions of hospital advisory committees
p.000001: 4 Functions of hospital advisory committees
p.000001: Other functions
p.000001: 5 Committees may be given other functions by Order in Council
p.000001: Members
p.000001: 6 Members
p.000001: 7 Terms or conditions of office, and remuneration
p.000001: 8 Resignation
p.000001: 9 Vacation of office
p.000001: 10 Removal from office
p.000001: Chairperson and deputy chairperson
p.000001: 11 Chairperson and deputy chairperson
p.000001: 12 Resignation
p.000001: 13 Vacation of office
p.000001: 14 Removal from office
p.000001: Board to notify Minister of appointments, etc
p.000001: 15 Board to notify Minister of appointments, etc
p.000001: Teleconferences
p.000001: 16 Teleconferences
p.000001: 17 Further provisions relating to teleconferences [Repealed]
p.000001: Notice of meetings
p.000001: 18 Meetings of committees to be publicly notified
p.000001: 19 Meetings not publicly notified in accordance with clause 18
p.000001: 20 Members to be notified of meetings
p.000001: Information relating to meetings
p.000001: 21 Availability of agendas and reports
p.000001: 22 Availability of agendas and reports in special circumstances
p.000001: 23 Public may inspect or request copies of minutes of meeting
p.000001: 24 Public notification of resolution at emergency meeting
p.000001: 25 Defamatory matter in copy of agenda or additional particulars supplied to public or in
p.000001: minutes of meeting
p.000001: 26 Oral statements at meetings privileged
p.000001: Procedure at meetings
p.000001: 27 Quorum
p.000001: 28 Further provisions relating to quorum
p.000001: 29 Presiding member
p.000001: 30 Dealing with items not on agenda for meeting
p.000001: 31 Voting
p.000001: 32 Supplementary procedure
p.000001: Admission of public
p.000001: 33 Admission of public
p.000001: 34 Right of committee to exclude public
p.000001: 35 Resolution excluding public
p.000001: 36 Provisions applying when meeting open to public
p.000001: 37 Maintenance of order
p.000001: Disclosure of members’ interests
p.000001: 38 Disclosure of interests
p.000001: 39 Board may waive or modify application of clause 38(2)
p.000001:
p.000001: Interpretation
p.000001:
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: board, in relation to a committee, means the board that established the committee, being the board of a
p.000001: DHB
p.000001: committee means the community and public health advisory committee, disability support advisory
p.000001: committee, or hospital advisory committee, of the board
p.000001: district, in relation to a committee of the board of a DHB, means the geographical area opposite to the
p.000001: DHB in column 2 of Schedule 1
p.000001: meeting, in relation to a committee, means any annual, biennial, triennial, ordinary, special, or emergency
p.000001: meeting of the committee at which resolutions or decisions of the committee are made
p.000001: minutes, in relation to a meeting of a committee, means any record of the meeting
p.000001: publicly notify, in relation to a committee of the board of a DHB, means to give the resident population of
p.000001: the DHB notice by advertisements in 1 or more newspapers circulating in the district of the DHB, or by
p.000001: advertisements of that kind and any 1 or more of the following means:
p.000001: (a) printed placards affixed to public places in that district:
p.000001: (b) radio or television broadcasts:
p.000001: (c) notices available on the Internet, or given by any other electronic means.
p.000001: Compare: 1987 No 174 ss 2(1), 45
p.000001:
p.000001: Functions of community and public health advisory committees
p.000001:
p.000001: 2 Functions of community and public health advisory committees
p.000001: (1) The functions of the community and public health advisory committee of the board of a DHB are to give
p.000001: the board advice on—
p.000001: (a) the needs, and any factors that the committee believes may adversely affect the health status, of the
p.000001: resident population of the DHB; and
p.000001: (b) priorities for use of the health funding provided.
p.000001: (2) The aim of a community and public health advisory committee’s advice must be to ensure that the
p.000001: following maximise the overall health gain for the population the committee serves:
p.000001: (a) all service interventions the DHB has provided or funded or could provide or fund for that population:
p.000001: (b) all policies the DHB has adopted or could adopt for that population.
p.000001: (3) A community and public health advisory committee’s advice may not be inconsistent with the New
p.000001: Zealand health strategy.
p.000001:
p.000001: Functions of disability support advisory committees
p.000001:
p.000001: 3 Functions of disability support advisory committees
p.000001: (1) The functions of the disability support advisory committee of the board of a DHB are to give the board
p.000001: advice on—
p.000001: (a) the disability support needs of the resident population of the DHB; and
p.000001: (b) priorities for use of the disability support funding provided.
p.000001: (2) The aim of a disability support advisory committee’s advice must be to ensure that the following promote
p.000001: the inclusion and participation in society, and maximise the independence, of the people with disabilities
p.000001: within the DHB’s resident population:
p.000001: (a) the kinds of disability support services the DHB has provided or funded or could provide or fund for
p.000001: those people:
p.000001: (b) all policies the DHB has adopted or could adopt for those people.
p.000001: (3) A disability support advisory committee’s advice may not be inconsistent with the New Zealand disability
p.000001: strategy.
p.000001:
p.000001: Functions of hospital advisory committees
p.000001:
p.000001: 4 Functions of hospital advisory committees
p.000001: The functions of the hospital advisory committee of the board of a DHB are to—
p.000001: (a) monitor the financial and operational performance of the hospitals (and related services) of the DHB;
p.000001: and
p.000001: (b) assess strategic issues relating to the provision of hospital services by or through the DHB; and
p.000001: (c) give the board advice and recommendations on that monitoring and that assessment.
p.000001:
p.000001: Other functions
p.000001: 5 Committees may be given other functions by Order in Council
p.000001: (1) In addition to the functions specified in clauses 2 to 4, a committee has such functions as are specified as
p.000001: functions of the committee, or of committees of the class to which the committee belongs, by the
p.000001: Governor-General by Order in Council on the recommendation of the Minister.
p.000001: (2) Before making a recommendation for the purposes of subclause (1), the Minister must consult with such
p.000001: persons as the Minister considers appropriate.
p.000001:
p.000001: Members
p.000001:
p.000001: 6 Members
p.000001: (1) Members of the committee—
p.000001: (a) must each be appointed by the board by notice in writing to the member for a term, not exceeding 3
p.000001: years, stated in the notice together with the date on which the member comes into office:
p.000001: (b) are eligible for reappointment.
p.000001: (2) A person who is a member of a board of a publicly-owned health and disability organisation may not be
p.000001: appointed as a member of a committee that regularly advises, or is likely regularly to advise, on matters
p.000001: relating to transactions of a kind in which the person is interested.
p.000001: (3) Before the board of a DHB appoints a person who is not a member of that board to a committee, the
p.000001: person must give the board a statement completed by the person in good faith that—
p.000001: (a) discloses any conflicts of interest that the person has with the DHB as at the date on which the
p.000001: statement is completed, or states that the person has no such conflicts of interest as at that date;
p.000001: and
p.000001: (b) discloses any such conflicts of interest that the person believes are likely to arise in future, or states
p.000001: that the person does not believe that any such conflicts are likely to arise in future.
p.000001:
p.000001: 7 Terms or conditions of office, and remuneration
p.000001: Members of the committee—
p.000001: (a) have the terms or conditions of office, consistent with this Act, that the board determines; and
p.000001: (b) are remunerated in accordance with section 47 of the Crown Entities Act 2004 and are entitled to be
p.000001: reimbursed for expenses in accordance with section 48 of that Act as if the members of the
p.000001: committee were members of the DHB.
p.000001: Schedule 4 clause 7(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 8 Resignation
p.000001: A member of the committee may resign from that office by notice in writing to the committee and board
p.000001: stating the date on which the resignation takes effect.
p.000001:
p.000001: 9 Vacation of office
p.000001: (1) A member of the committee ceases to hold that office if—
...
p.000001: (6) Every member of a committee who has completed a statement under clause 38(6) of Schedule 3 or
p.000001: clause 6(3) must ensure that—
p.000001: (a) the statement is incorporated in the interests register maintained under subclause (3); and
p.000001: (b) any relevant change in the member’s circumstances affecting a matter disclosed in that statement is
p.000001: entered in that register as soon as practicable after the change occurs.
p.000001: (7) In this clause and clause 39, committee includes a committee established under clause 38 of Schedule
p.000001: 3.
p.000001: Schedule 4 clause 38(2)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 4 clause 38(2)(c): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 39 Board may waive or modify application of clause 38(2)
p.000001: (1) The board may, if satisfied it is in the public interest, or the interests of the DHB concerned, to do so,
p.000001: waive or modify the application of all or any part of clause 38(2) in respect of—
p.000001: (a) any particular member of a committee:
p.000001: (b) any transaction, or class of transaction.
p.000001: (2) The board must effect any waiver or modification under subclause (1) by written notice to the committee,
p.000001: and may make the waiver or modification subject to any conditions the board thinks fit.
p.000001: (3) The board must give the Minister a copy of any such notice within 10 working days after the date on which
p.000001: the board issues the notice.
p.000001:
p.000001:
p.000001: Schedule 4A
p.000001: Provisions relating to imposition and payment of HPA levies
p.000001: s 59AA
p.000001: Schedule 4A: inserted, on 1 July 2012, by section 12 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 1 Interpretation
p.000001: (1) In this schedule, unless the context otherwise requires,—
p.000001: aggregate expenditure figure, in relation to any financial year, means the aggregate expenditure figure
p.000001: assessed in respect of that year by the Minister under clause 2(1)
p.000001: aggregate levy figure, in relation to any financial year, means the aggregate levy figure determined in
p.000001: respect of that year by the Minister under clause 2(2)
p.000001: beer means the product of the alcoholic fermentation by yeast of liquid derived from a mash of drinking
p.000001: water and malt grains with hops or their extracts that on analysis is found to contain more than 1.15%
p.000001: volume of alcohol
p.000001: class of alcohol means a class of alcohol as identified in the table in Schedule 4B
p.000001: HPA means the Health Promotion Agency established by section 57
p.000001: preceding statistical year means the latest complete period of 12 consecutive months in respect of
p.000001: which, at any material time, the following information is available to the Minister, that is, the total number
p.000001: of litres of each class of alcohol imported into, and manufactured in, New Zealand during that period
p.000001: spirits means ethyl alcohol, whether denatured or not, and any spirituous beverages, including brandy,
p.000001: gin, rum, vodka, whisky, and every other description of spirituous alcohol derived from ethyl alcohol
p.000001: wine means the product of the complete or partial fermentation of any fruit (including grapes), vegetable,
p.000001: or honey, and—
p.000001: (a) includes—
p.000001: (i) cider, perry, and mead; and
p.000001: (ii) fortified wines such as sherry, port, and fruit or vegetable-based alcohols; but
p.000001: (b) does not include—
p.000001: (i) beer or spirits; or
...
p.000001: Schedule 4A clause 6(2) : amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000001:
p.000001: 7 Powers of the Customs
p.000001: The powers and authorities of the Customs under the Customs and Excise Act 2018, with any necessary
p.000001: modifications, apply in the same manner to the collection of a levy under this Act as they apply to the
p.000001: collection of duty under that Act.
p.000001: Schedule 4A clause 7 : amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000001:
p.000001: 8 All levies collected to be paid to HPA
p.000001: (1) The Customs must pay to HPA all levies received under this Act by the Customs.
p.000001: (2) This clause is subject to clause 9.
p.000001:
p.000001: 9 Crown may be reimbursed for collection of levies
p.000001: (1) For the purpose of reimbursing the Crown for any expenses incurred by the Customs in collecting any
p.000001: levies under this Act, the Customs may retain any percentage of every levy collected by it that may be
p.000001: determined by the Minister of Finance after consultation with HPA.
p.000001: (2) The amount of any levy retained under subclause (1) must not exceed 5% of the amount of the levies
p.000001: collected by the Customs.
p.000001: (3) The Crown is entitled in every financial year to recover from HPA out of the fund any sum in respect of the
p.000001: costs incurred by the Director-General of Health in administering this Act that may be determined by the
p.000001: Minister of Finance after consultation with HPA.
p.000001:
p.000001:
p.000001: Schedule 4B
p.000001: Classes of alcohol and rates for each class
p.000001: s 59AA
p.000001: Schedule 4B: inserted, on 1 July 2012, by section 12 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Class Legal definition of class Indicative description Rate
p.000001: Alcohol which, if imported, would be classified within the Percentage of alcohol by volume in most
p.000001: following tariff items items in class
p.000001: A 2203.00.12, 2206.00.37, 2208.70.30, 2208.90.62 More than 1.15% but not more than 2.5% 1.5%
p.000001: B 2203.00.22, 2203.00.31, 2203.00.39, 2206.00.47, 2208.70.40, More than 2.5% but not more than 6% Variable
p.000001: 2208.90.68
p.000001: C 2206.00.57, 2208.70.50, 2208.90.72 More than 6% but not more than 9% 8%
p.000001: D 2204.10.01, 2204.10.18, 2204.21.18, 2204.29.18, 2205.10.19, More than 9% but not more than 14% 10%
p.000001: 2205.10.38, 2205.90.19, 2205.90.38, 2206.00.08, 2206.00.68,
p.000001: 2208.70.60, 2208.90.78
p.000001: E 2204.21.13, 2204.29.13, 2205.10.12, 2205.10.33, 2205.90.12, More than 14% but not more than 23% Variable
p.000001: 2205.90.33, 2206.00.17, 2206.00.78, 2208.70.71, 2208.90.06,
p.000001: 2208.90.85
p.000001: F 2206.00.28, 2206.00.89, 2208.20.04, 2208.20.08, 2208.20.19, More than 23% Variable
p.000001: 2208.20.29, 2208.30.04, 2208.30.08, 2208.30.19, 2208.40.04,
p.000001: 2208.40.08, 2208.40.19, 2208.50.04, 2208.50.08, 2208.50.19,
p.000001: 2208.60.19, 2208.60.29, 2208.60.99, 2208.70.80, 2208.90.08,
p.000001: 2208.90.48, 2208.90.97
p.000001:
p.000001: Method for determining variable rates
p.000001: For a given financial year, the variable rate for a class is the average alcohol content by volume of all the alcohol
p.000001: of that class that was imported into or manufactured in New Zealand in the preceding statistical year.
p.000001:
p.000001:
p.000001: Schedule 5
p.000001: Provisions applying to mortality review committees
p.000001: s 59E
p.000001: Schedule 5 heading: amended, on 9 November 2010, by section 25 of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Chairperson may require person to give information
p.000001: 2 Chairperson may require person to give information
p.000001: Production, disclosure, and recording of information
p.000001: 3 Meaning of information
p.000001: 4 Prohibitions on production, disclosure, and recording of information
p.000001: 5 Exceptions to prohibitions
p.000001: 6 Minister may authorise disclosure of information
p.000001: Supplementary procedure
p.000001: 7 Supplementary procedure
p.000001:
p.000001: Interpretation
p.000001:
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: document has the same meaning as in section 2(1) of the Official Information Act 1982
p.000001: judicial proceeding means a proceeding that is judicial within the meaning of section 108 of the Crimes
p.000001: Act 1961
p.000001: ministerial authority means an authority—
p.000001: (a) given by the Minister under clause 6(1); and
p.000001: (b) in force for the time being
p.000001: serious offence means an offence punishable by imprisonment for a term of 2 years or more.
p.000001: Compare: 1995 No 95 s 66
p.000001:
p.000001: Chairperson may require person to give information
p.000001:
p.000001: 2 Chairperson may require person to give information
p.000001: (1) If a mortality review committee gives its chairperson, or an agent the committee appoints for the purpose,
p.000001: authority in writing to do so, the chairperson or agent may, by notice in writing to any person, require the
...
p.000001: Council made under the Commissions of Inquiry Act 1908 :
p.000001: (c) for the purposes of an inquiry to which section 6 of the Inquiries Act 2013 applies.
p.000001: (2) However, a ministerial authority may be given for information of a non-factual nature (for example,
p.000001: expressions of opinion) only if that information consists only of matter contained in a report or advice
p.000001: prepared by the mortality review committee.
p.000001: (3) The Minister may at any time—
p.000001: (a) revoke a ministerial authority; or
p.000001: (b) revoke, amend, or add to any condition or conditions to which a ministerial authority is subject.
p.000001: (4) A ministerial authority authorising the disclosure of information does not of itself—
p.000001: (a) require the disclosure of that information; or
p.000001: (b) create a duty to disclose that information.
p.000001: Compare: 1995 No 95 s 72
p.000001: Schedule 5 clause 6(1)(c): inserted, on 27 August 2013, by section 39 of the Inquiries Act 2013 (2013 No 60).
p.000001:
p.000001: Supplementary procedure
p.000001:
p.000001: 7 Supplementary procedure
p.000001: A mortality review committee may regulate its procedure, at its meetings and otherwise, in any manner
p.000001: not inconsistent with this Act it thinks fit.
p.000001: Schedule 6
p.000001: Further provisions applying to Pharmac, NZBS, HPA, and HQSC
p.000001: s 70
p.000001: Schedule 6 heading: amended, on 1 July 2012, by section 11(1) of the New Zealand Public Health and Disability Amendment Act 2012
p.000001: (2012 No 41).
p.000001: Schedule 6 heading: amended, on 9 November 2010, by section 26(1) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001:
p.000001:
p.000001: Contents
p.000001: Meaning of organisation
p.000001: 1 Meaning of organisation
p.000001: Members
p.000001: [Repealed]
p.000001: 2 Members [Repealed]
p.000001: 3 Terms and conditions of office, and remuneration [Repealed]
p.000001: 4 Resignation [Repealed]
p.000001: 5 Vacation of office [Repealed]
p.000001: 6 Removal from office [Repealed]
p.000001: Chairperson and deputy chairperson
p.000001: [Repealed]
p.000001: 7 Chairperson and deputy chairperson [Repealed]
p.000001: 8 Resignation [Repealed]
p.000001: 9 Vacation of office [Repealed]
p.000001: 10 Removal from office [Repealed]
p.000001: Teleconferences
p.000001: [Repealed]
p.000001: 11 Teleconferences [Repealed]
p.000001: 12 Further provisions relating to teleconferences [Repealed]
p.000001: Meetings
p.000001: [Repealed]
p.000001: 13 Members to be notified of meetings [Repealed]
p.000001: 14 Quorum [Repealed]
p.000001: 15 Presiding member [Repealed]
p.000001: 16 Voting [Repealed]
p.000001: 17 Supplementary procedure [Repealed]
p.000001: Draft resolutions circulated for members’ assent
p.000001: [Repealed]
p.000001: 18 Draft resolution may be circulated to members for assent [Repealed]
p.000001: 19 Members to respond to draft resolution circulated [Repealed]
p.000001: 20 Draft resolutions assented to by a majority of members [Repealed]
p.000001: Disclosure of members’ interests
p.000001: 21 Disclosure of interests
p.000001: 22 Minister may waive or modify application of clause 21(2) [Repealed]
p.000001: Committees
p.000001: 23 Committees
p.000001: Delegations
p.000001: 24 Delegations
p.000001: 25 Effect of delegation [Repealed]
p.000001: Seal
p.000001: [Repealed]
p.000001: 26 Seal [Repealed]
p.000001: Contracts and other enforceable obligations
p.000001: [Repealed]
p.000001: 27 Contracts and other enforceable obligations [Repealed]
p.000001: Dealings with land
p.000001: 28 Dealings with land
p.000001: Employees
p.000001: 29 Employees
p.000001: Borrowing and investment
p.000001: [Repealed]
p.000001: 30 Borrowing [Repealed]
p.000001:
p.000001: 31 Investment [Repealed]
p.000001: Tax status
p.000001: [Repealed]
p.000001: 32 Tax status [Repealed]
p.000001: Public Records Act 2005 to apply
p.000001: 33 Public Records Act 2005 to apply
p.000001: Address for service
p.000001: [Repealed]
p.000001: 34 Address for service [Repealed]
p.000001:
p.000001: Meaning of organisation
p.000001:
p.000001: 1 Meaning of organisation
p.000001: In this schedule, unless the context otherwise requires, organisation means each of the following
p.000001: organisations:
p.000001: (a) Pharmac:
p.000001: (b) NZBS:
p.000001: (c) HPA:
p.000001: (d) HQSC.
p.000001: Schedule 6 clause 1(c): replaced, on 1 July 2012, by section 11(2) of the New Zealand Public Health and Disability Amendment Act 2012
p.000001: (2012 No 41).
p.000001: Schedule 6 clause 1(d): added, on 9 November 2010, by section 26(2) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001:
p.000001: Members
p.000001: [Repealed]
p.000001: Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 2 Members
p.000001: [Repealed]
p.000001: Schedule 6 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 3 Terms and conditions of office, and remuneration
p.000001: [Repealed]
p.000001: Schedule 6 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 4 Resignation
p.000001: [Repealed]
p.000001: Schedule 6 clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 5 Vacation of office
p.000001: [Repealed]
p.000001: Schedule 6 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 6 Removal from office
p.000001: [Repealed]
p.000001: Schedule 6 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Chairperson and deputy chairperson
p.000001: [Repealed]
p.000001: Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 7 Chairperson and deputy chairperson
p.000001: [Repealed]
p.000001: Schedule 6 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 8 Resignation
p.000001: [Repealed]
p.000001: Schedule 6 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 9 Vacation of office
p.000001: [Repealed]
...
p.000001: Pacific Health Limited Bay of Plenty DHB
p.000001: Tairawhiti Healthcare Limited Tairawhiti DHB
p.000001: Taranaki Healthcare Limited Taranaki DHB
p.000001: Healthcare Hawke’s Bay Limited Hawke’s Bay DHB
p.000001: Good Health Wanganui Limited Whanganui DHB
p.000001: MidCentral Health Limited MidCentral DHB
p.000001: Hutt Valley Health Corporation Limited Hutt DHB
p.000001: Capital Coast Health Limited Capital and Coast DHB
p.000001: Wairarapa Health Limited Wairarapa DHB
p.000001: Nelson Marlborough Health Services Limited Nelson Marlborough DHB
p.000001: Coast Health Care Limited West Coast DHB
p.000001: Canterbury Health Limited, Healthlink South Limited Canterbury DHB
p.000001: Health South Canterbury Limited South Canterbury DHB
p.000001: HealthCare Otago Limited Otago DHB
p.000001: Southern Health Limited Southland DHB
p.000001:
p.000001:
p.000001: Schedule 8
p.000001: Consequential revocations of instruments
p.000001: s 110(2)
p.000001:
p.000001: Drug Tariff 1993 (SR 1993/115)
p.000001: Health and Disability Services Amendment Act 1998 Commencement Order 1998
p.000001: (SR 1998/239)
p.000001:
p.000001: Health and Disability Services Amendment Act Commencement Order 1995
p.000001: (SR 1995/303)
p.000001:
p.000001: Health and Disability Services (Establishment of Transitional Health Authority) Order
p.000001: 1997 (SR 1997/57)
p.000001:
p.000001: Health and Disability Services (Health Funding Authority) Order 1997 (SR 1997/312)
p.000001:
p.000001: Health Reforms (Transitional Provisions) Regulations 1993 (SR 1993/170)
p.000001:
p.000001: Hospital Boards and Committees of Management Regulations 1959 (SR 1959/130)
p.000001:
p.000001: Hospital Districts (Borough of Kapiti) Order 1974 (SR 1974/219)
p.000001:
p.000001: Hospital Districts Order 1988 (SR 1988/311)
p.000001:
p.000001: Hospitals Amendment Act (No 2) Commencement Order 1972 (SR 1972/38)
p.000001: Hospitals (Tuarangi Home) Order 1969 (SR 1969/37)
p.000001:
p.000001: Revocation of Health and Disability Service (Employment Contracts) Order 2000
p.000001: (SR 2000/165)
p.000001: Revocation of Regional Health Authorities Establishment Order 1997 (SR 1997/99)
p.000001:
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: s 111(1)
p.000001:
p.000001: Accident Insurance Act 1998 (1998 No 114)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Charitable Trusts Act 1957 (1957 No 18)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Civil Defence Act 1983 (1983 No 46)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Contraception, Sterilisation, and Abortion Act 1977 (1977 No 112)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Dental Act 1988 (1988 No 150)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Education Act 1989 (1989 No 80)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Electoral Act 1993 (1993 No 87)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Employment Relations Act 2000 (2000 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Finance Act 1994 (1994 No 73)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Hazardous Substances and New Organisms Act 1996 (1996 No 30)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Act 1956 (1956 No 65)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Amendment Act 1998 (1998 No 86)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health and Disability Commissioner Act 1994 (1994 No 88)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Research Council Act 1990 (1990 No 68)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Sector (Transfers) Act 1993 (1993 No 23)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Hospitals Act 1957 (1957 No 40)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Income Tax Act 1994 (1994 No 164)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Land Transport Act 1998 (1998 No 110)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Local Government Act 1974 (1974 No 66)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Medical Practitioners Act 1995 (1995 No 95)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Medicines Act 1981 (1981 No 118)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Mental Health Commission Act 1998 (1998 No 5)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Misuse of Drugs Act 1975 (1975 No 116)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Ngāi Tahu Claims Settlement Act 1998 (1998 No 97)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Official Information Act 1982 (1982 No 156)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Ombudsmen Act 1975 (1975 No 9)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Public Finance Act 1989 (1989 No 44)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Public Works Act 1981 (1981 No 35)
p.000001: Amendment(s) incorporated in the Act(s).
...
p.000001:
p.000001:
p.000001: Schedule 10
p.000001: Consequential amendments to other instruments
p.000001: s 111(2)
p.000001:
p.000001: Accident Insurance (Insurer’s Liability to Pay Cost of Treatment) Regulations 1999
p.000001: (SR 1999/104)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Cremation Regulations 1973 (SR 1973/154)
p.000001: Amendment(s) incorporated in the regulations.
p.000001: Education (Early Childhood Centres) Regulations 1998 (SR 1998/85)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Education (Home-Based Care) Order 1992 (SR 1992/238)
p.000001: Amendment(s) incorporated in the order(s).
p.000001:
p.000001: Health (Burial) Regulations 1946 (SR 1946/132)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health Entitlement Cards Regulations 1993 (SR 1993/169)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Infectious and Notifiable Diseases) Regulations 1966 (SR 1966/87)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Infirm and Neglected Persons) Regulations 1958 (SR 1958/54)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Needles and Syringes) Regulations 1998 (SR 1998/254)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Retention of Health Information) Regulations 1996 (SR 1996/343)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Medicines Regulations 1984 (SR 1984/143)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Social Security (Disability Services) Regulations 1993 (SR 1993/250)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Social Security (Disability Services—Financial Assessment) Regulations 1994
p.000001: (SR 1994/32)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Venereal Diseases Regulations 1982 (SR 1982/215)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: War Pensions Regulations 1956 (SR 1956/7)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Water Supplies Protection Regulations 1961 (SR 1961/86)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Wine Makers Regulations 1990 (SR 1990/77)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: New Zealand Public Health and Disability Amendment Act 2010
p.000001: Public Act 2010 No 118
p.000001: Date of assent 23 October 2010
p.000001: Commencement see section 2
p.000001:
p.000001: 1 Title
p.000001: This Act is the New Zealand Public Health and Disability Amendment Act 2010 .
p.000001:
p.000001: 2 Commencement
p.000001: (1) This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or
p.000001: more orders may be made appointing different dates for different provisions.
p.000001: (2) To the extent not previously brought into force under subsection (1), this Act comes into force 6 months
p.000001: after the date on which it receives the Royal assent.
p.000001: Section 2(1): sections 1 to 3, 4(2), 5(2) and (3), 8(1), 9, 17 to 20, 24 to 26, and 28 to 30 brought into force, on 9 November 2010, by clause
p.000001: 2 of the New Zealand Public Health and Disability Amendment Act 2010 Commencement Order 2010 (SR 2010/390).
p.000001: Section 2(1): sections 4(1), 5(1), 8(2) and (3), 10 to 15, 22, 23, and 27 brought into force, on 24 February 2011, by clause 2 of the New
p.000001: Zealand Public Health and Disability Amendment Act 2010 Commencement Order 2011 (SR 2011/7).
p.000001: Part 2
p.000001: Transitional arrangements and amendments to other enactments
p.000001: Transitional arrangements
p.000001:
p.000001: 27 Transitional arrangements for district strategic plans and district annual plans
p.000001: (1) Every district strategic plan of a DHB that is in force immediately before the commencement of section 15
p.000001: of this Act continues in force until the sooner of—
p.000001: (a) the expiry of the district strategic plan:
p.000001: (b) the commencement of the new plan.
p.000001: (2) Every district annual plan of a DHB that is in force immediately before the commencement of section 15 of
p.000001: this Act continues in force until the sooner of—
p.000001: (a) the expiry of the district annual plan:
p.000001: (b) the commencement of the new plan.
p.000001: (3) While a plan that is continued in force by subsection (1) or (2) continues in force, the principal Act applies
p.000001: to it as if this Act had not been enacted.
p.000001: (4) In this section, unless the context otherwise requires,—
p.000001: district annual plan means a plan determined under section 39 of the principal Act
p.000001: district strategic plan means a plan determined under section 38 of the principal Act
p.000001: new plan means, in relation to a DHB, a plan—
p.000001: (a) prepared under section 38 of the principal Act as substituted by section 15 of this Act; and
p.000001: (b) to which the DHB is a party; and
p.000001: (c) that would apply in the place of the DHB’s district strategic plan, or as the case requires, district
p.000001: annual plan.
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: New Zealand Public Health and Disability Amendment Act 2012
p.000001: Public Act 2012 No 41
p.000001: Date of assent 6 June 2012
p.000001: Commencement see section 2
p.000001:
p.000001: 1 Title
p.000001: This Act is the New Zealand Public Health and Disability Amendment Act 2012 .
p.000001:
p.000001: 2 Commencement
p.000001: This Act comes into force on 1 July 2012.
p.000001:
p.000001: 3 Principal Act amended
p.000001: This Act amends the New Zealand Public Health and Disability Act 2000.
p.000001:
p.000001: Provisions relating to disestablishment of Alcohol Advisory Council and Health Sponsorship
p.000001: Council
p.000001: 15 Interpretation
p.000001: In sections 16 to 24, unless the context otherwise requires,—
p.000001: Alcohol Advisory Council means the Alcohol Advisory Council of New Zealand established by
p.000001: section 3(1) of the Alcohol Advisory Council Act 1976
p.000001: Health Sponsorship Council means the Health Sponsorship Council established by section 43(1) of the
p.000001: Smoke-free Environments Act 1990.
p.000001:
p.000001: 16 Disestablishment of councils
p.000001: On the commencement of this section,—
p.000001: (a) the Alcohol Advisory Council and the Health Sponsorship Council are disestablished; and
p.000001: (b) the term of office of the members of those councils ends.
p.000001:
p.000001: 17 Transfer of property and liabilities of councils
p.000001: On and from the commencement of this section,—
p.000001: (a) all real and personal property of the Alcohol Advisory Council and the Health Sponsorship Council
p.000001: vests in HPA free of all trusts; and
p.000001: (b) all rights of those councils vest in HPA; and
p.000001: (c) all money payable to either of those councils is payable to HPA; and
p.000001: (d) all liabilities of each of those councils vest in HPA; and
p.000001: (e) all proceedings pending by or against either of those councils may be continued, completed, or
p.000001: enforced by or against HPA.
p.000001:
p.000001: 18 Transfer not gift, supply of goods and services, or disposition for certain purposes
p.000001: To avoid doubt, anything transferred to HPA by section 17 is not—
p.000001: (a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:
...
p.000001: employment contracts), and the coverage of those agreements, under sections 56(1), 57, 62(3), 63(3),
p.000001: and 243 of the Employment Relations Act 2000.
p.000001: (5) This section does not apply to a collective agreement to the extent that the parties agree otherwise.
p.000001:
p.000001: 33 Superannuation
p.000001: (1) Any employee of the Crown Health Financing Agency who, immediately before becoming an employee of
p.000001: a department, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the
p.000001: Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the
p.000001: Government service so long as he or she continues to be an employee of the department.
p.000001: (2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s
p.000001: service as an employee of the Agency were Government service.
p.000001: (3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund
p.000001: if the person has ceased to be a contributor.
p.000001: (4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of the
p.000001: department is the controlling authority.
p.000001:
p.000001: Other matters
p.000001:
p.000001: 35 Other savings and transitional matters
p.000001: The Governor-General may, by Order in Council, provide for savings and transitional matters connected
p.000001: with the disestablishment of an entity under this Part, including the transfer of functions formerly carried
p.000001: out by the entity.
p.000001:
p.000001: Reprints notes
p.000001: 1 General
p.000001: This is a reprint of the New Zealand Public Health and Disability Act 2000 that incorporates all the
p.000001: amendments to that Act as at the date of the last amendment to it.
p.000001: 2 Legal status
p.000001: Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal
p.000001: enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides
p.000001: that this reprint, published in electronic form, has the status of an official version under section 17 of that
p.000001: Act. A printed version of the reprint produced directly from this official electronic version also has official
p.000001: status.
p.000001: 3 Editorial and format changes
p.000001: Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the
...
...
Health / Mentally Incapacitated
Searching for indicator incapable:
(return to top)
p.000001:
p.000001: 16 Appointment of new DHB
p.000001: (1) If an Order in Council made under section 19(2) creates a new DHB by adding it to Schedule 1, the
p.000001: Minister may appoint persons to hold positions on the board of that DHB that would otherwise be held by
p.000001: elected members.
p.000001: (2) Section 29(2) applies with any necessary modifications to an appointment made under subclause (1).
p.000001: (3) Persons appointed under subclause (1) hold office until the 58th day after polling day for the next election
p.000001: of the DHB (subject to clauses 7 and 8 of Schedule 3).
p.000001: (4) To avoid any doubt, for the purposes of subclause (1), the renaming of a DHB is not the creation of a new
p.000001: DHB.
p.000001:
p.000001: Persons who may not be members of boards
p.000001: 17 Certain persons disqualified from membership
p.000001: (1) None of the following persons may be elected or appointed as a member of a board, or appointed as a
p.000001: member of a board committee, of a DHB:
p.000001: (a) a person described in section 30(2)(a) to (f) of the Crown Entities Act 2004:
p.000001: (b) [Repealed]
p.000001: (c) [Repealed]
p.000001: (d) [Repealed]
p.000001: (e) a person who has, since the date on which members of boards elected at the immediately preceding
p.000001: triennial general election came into office, been removed as a member of a board for any reason
p.000001: specified in clause 9(c) or (e) of Schedule 3:
p.000001: (f) a person who has failed to declare a material conflict of interest before accepting nomination as
p.000001: candidate for an election of a DHB held in conjunction with the immediately preceding triennial
p.000001: general election.
p.000001: (2) In addition to the grounds specified in subclause (1), a person may not be elected as a member of a board
p.000001: if the person is incapable of being elected as a member of a local authority because of section 25 of the
p.000001: Local Electoral Act 2001.
p.000001: (3) However, subclause (1)(a) does not disqualify a person described in section 30(2)(f) of that Act who is
p.000001: elected (rather than appointed) to office as a member under any other Act.
p.000001: Schedule 2 clause 17(1)(a): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 2 clause 17(1)(b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 2 clause 17(1)(c): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 2 clause 17(1)(d): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 2 clause 17(2): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 17(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Effect of boundary changes
p.000001:
p.000001: 18 Reorganisation of districts
p.000001: (1) In this clause, Order in Council is a reference to an Order in Council made under section 19(2).
p.000001: (2) If an Order in Council abolishes 2 or more DHBs and constitutes a new DHB whose district consists of the
p.000001: districts of the abolished DHBs, the boards of the abolished DHBs are united into a new board (a united
p.000001: board).
p.000001: (3) If an Order in Council dissolves or divides 1 DHB by transferring its district in whole or in part to the
p.000001: districts of 1 or more other DHBs, the Minister may, at the time that the Order takes effect, assign any
...
Health / Motherhood/Family
Searching for indicator family:
(return to top)
p.000001: Other publicly-owned health and disability organisations
p.000001: Pharmaceutical Management Agency
p.000001: 46 Pharmac
p.000001: 47 Objectives of Pharmac
p.000001: 48 Functions of Pharmac
p.000001: 49 Pharmac to consult in implementing objectives and carrying out functions
p.000001: 50 Board of Pharmac to establish advisory committees
p.000001: 51 Publication of notices
p.000001: 52 Membership of board
p.000001: 53 Exemption from Part 2 of Commerce Act 1986
p.000001: New Zealand Blood Service
p.000001: 54 NZBS
p.000001: 55 Functions of NZBS
p.000001: 56 Membership of board
p.000001: Health Promotion Agency
p.000001: 57 Health Promotion Agency established
p.000001: 58 Functions, duties, and powers of HPA
p.000001: 59 Provisions relating to grants, sponsorship, and other matters
p.000001: Levies
p.000001: 59AA Levies for alcohol-related purposes
p.000001: Health Quality and Safety Commission
p.000001: 59A Health Quality and Safety Commission
p.000001: 59B Objectives of HQSC
p.000001: 59C Functions of HQSC
p.000001: 59D Membership of board
p.000001: 59E HQSC may appoint mortality review committees
p.000001: Other provisions
p.000001: 60 Interpretation
p.000001: 61 Role of board
p.000001: 62 Duties of board members [Repealed]
p.000001: 63 Shares in bodies corporate or interests in associations [Repealed]
p.000001: 64 Annual plans [Repealed]
p.000001: 65 Restrictions on directions by Minister
p.000001: 66 Pharmac, NZBS, and HPA to operate in financially responsible manner
p.000001: 67 Accountability documents under Crown Entities Act 2004
p.000001: 68 Auditor [Repealed]
p.000001: 69 Provision of information
p.000001: 70 Further provisions
p.000001: Part 4A
p.000001: Family care policies
p.000001: 70A Purpose of this Part
p.000001: 70B Interpretation
p.000001: 70C Persons generally not to be paid for providing support services to family members
p.000001: 70D Family care policy
p.000001: 70E Claims of unlawful discrimination in respect of this Act or family care policy precluded
p.000001: 70F Certificates relating to family care policies
p.000001: 70G Savings
p.000001: Part 5
p.000001: Inquiries
p.000001: Inquiries and investigations under Commissions of Inquiry Act 1908
p.000001: 71 Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct
p.000001: inquiry or investigation
p.000001: Special health inquiries
p.000001: 72 Minister may appoint inquiry board to conduct special health inquiry
p.000001: 73 Consultation required before inquiry board appointed to inquire into certain matters
p.000001: 74 Discussion required before inquiry board appointed
p.000001: 75 Establishment and alteration of inquiry
p.000001: 76 Protection of inquiry board
p.000001: 77 Instructions as to procedure
p.000001: 78 Further requirements as to procedure
p.000001: 79 Inquiry hearings and evidence generally to be public
p.000001: 80 Supplementary procedure
p.000001: 81 Evidence
p.000001: 82 Powers to investigate
p.000001: 83 Power to summon witnesses
p.000001: 84 Service of summons
p.000001: 85 Protection of witnesses
p.000001: 86 Offences
p.000001: Part 6
p.000001: Miscellaneous provisions
p.000001: 87 Saving of certain transactions
p.000001: 88 Arrangements relating to payments
p.000001: 89 Principles of national consistency applicable to notices under section 88
p.000001: 90 Exclusion of liability
p.000001: 91 No compensation for loss of office
p.000001: 92 Regulations
p.000001: Part 7
p.000001: Transitional and consequential provisions
p.000001: 93 Interpretation
p.000001: Assets and liabilities of dissolved entities to vest in publicly-owned health and disability
p.000001: organisations
...
p.000001: time, by written notice, require any organisation to supply to that Minister, or any other person or class of
p.000001: persons that the Minister specifies, any economic or financial forecasts or other economic or financial
p.000001: information relating to the organisation or any or all of its Crown entity subsidiaries that the Minister
p.000001: specifies in the notice, and the organisation must comply with the requirement.
p.000001: (2) [Repealed]
p.000001: (3) No requirement of the Minister under this section may require the supply of any information that would
p.000001: infringe the privacy of any natural person or deceased natural person, unless the person (or a
p.000001: representative of the deceased person) has consented to the supply.
p.000001: (4) Subsection (3) applies despite section 134 of the Crown Entities Act 2004.
p.000001: Section 69(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 69(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 69(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 70 Further provisions
p.000001: The provisions set out in Schedule 6 apply in respect of Pharmac, NZBS, HPA, and HQSC.
p.000001: Section 70: amended, on 1 July 2012, by section 9 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 70: amended, on 9 November 2010, by section 20 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001:
p.000001:
p.000001: Part 4A
p.000001: Family care policies
p.000001: Part 4A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70A Purpose of this Part
p.000001: (1) The purpose of this Part is to keep the funding of support services provided by persons to their family
p.000001: members within sustainable limits in order to give effect to the restraint imposed by section 3(2) and to
p.000001: affirm the principle that, in the context of the funding of support services, families generally have primary
p.000001: responsibility for the well-being of their family members.
p.000001: (2) To achieve that purpose, this Act, among other things,—
p.000001: (a) prohibits the Crown or a DHB from paying a person for providing support services to a family
p.000001: member unless the payment is permitted by an applicable family care policy or is expressly
p.000001: authorised by or under an enactment:
p.000001: (b) declares that the Crown and DHBs have always been authorised, and continue to be authorised, to
p.000001: adopt or have family care policies that permit persons to be paid, in certain cases, for providing
p.000001: support services to family members:
p.000001: (c) stops (subject to certain savings) any complaint to the Human Rights Commission and any
p.000001: proceeding in any court if the complaint or proceeding is, in whole or in part, based on an assertion
p.000001: that a person’s right to freedom from discrimination on any of the grounds of marital status,
p.000001: disability, age, or family status (affirmed by section 19 of the New Zealand Bill of Rights Act 1990)
p.000001: has been breached by—
p.000001: (i) a provision of this Part; or
p.000001: (ii) a family care policy; or
p.000001: (iii) anything done or omitted in compliance, or intended compliance, with this Part or a family care
p.000001: policy.
p.000001: Section 70A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70B Interpretation
p.000001: (1) In this Part, unless the context otherwise requires,—
p.000001: family care policy, in relation to the Crown or a DHB,—
p.000001: (a) means any statement in writing made by, or on behalf of, the Crown or by, or on behalf of, the DHB
p.000001: that permits, or has the effect of permitting, persons to be paid, in certain cases, for providing
p.000001: support services to their family members; and
p.000001: (b) includes any practice, whether or not reduced to writing, that has the same effect as a statement of
p.000001: the kind described in paragraph (a), being a practice that was followed by the Crown or by a DHB
p.000001: before the commencement of this Part
p.000001: family member has the meaning given by subsection (2)
p.000001: support services means disability support services (as defined in section 6(1)) or health services (as so
p.000001: defined), or both, being services of a kind that are generally funded, directly or indirectly, through Vote
p.000001: Health.
p.000001: (2) Support services provided by a person (person A) to another person ( person B) are provided to a family
p.000001: member in any case where person B is person A’s—
p.000001: (a) spouse, civil union partner, or de facto partner; or
p.000001: (b) parent, step-parent, or grandparent; or
p.000001: (c) child, stepchild, or grandchild; or
p.000001: (d) sister, half-sister, stepsister, brother, half-brother, or stepbrother; or
p.000001: (e) aunt or uncle; or
p.000001: (f) nephew or niece; or
p.000001: (g) first cousin.
p.000001: Section 70B: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70C Persons generally not to be paid for providing support services to family members
p.000001: On and after the commencement of this Part, neither the Crown nor a DHB may pay a person for any
p.000001: support services that are, whether before, on, or after that commencement, provided to a family member
p.000001: of the person unless the payment is—
p.000001: (a) permitted by an applicable family care policy; or
p.000001: (b) expressly authorised by or under an enactment.
p.000001: Section 70C: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70D Family care policy
p.000001: (1) The Crown and any DHB are, and have always have been, authorised —
p.000001: (a) to adopt or have a family care policy:
p.000001: (b) to change a family care policy:
p.000001: (c) to cancel a family care policy:
p.000001: (d) to replace a family care policy.
p.000001: (2) Any family care policy that the Crown or any DHB had immediately before the commencement of this Part
p.000001: continues in effect, and the Crown or the DHB may change, cancel, or replace that family care policy.
p.000001: (3) A family care policy that the Crown or a DHB adopts or has on or after the commencement of this Part
p.000001: may state, and a family care policy that the Crown or a DHB adopted or had before that commencement
p.000001: has always been authorised to state or to have the effect of stating, 1 or more of the following:
p.000001: (a) cases in which persons may be paid for providing support services to family members, including,
p.000001: without limitation, by reference to 1 or more of the following matters:
p.000001: (i) the nature of the familial relationship between the person who provides the support services
p.000001: and the family member to whom the support services are provided:
p.000001: (ii) the impairment or condition of the family member to whom the support services are provided,
p.000001: which may include references to the effects of the impairment or condition or the degree of its
p.000001: severity, or both:
p.000001: (iii) the age of the family member to whom the support services are provided:
p.000001: (iv) the place of residence of the family member to whom the support services are provided:
p.000001: (v) the place of residence of the person who provides the support services:
p.000001: (vi) the needs of the family member to whom the support services are provided and the needs of
p.000001: his or her family:
p.000001: (b) the conditions that must be satisfied before payments for support services provided to a family
p.000001: member are made:
p.000001: (c) the rates, or ways of setting the rates, of payment for support services provided to family members,
p.000001: which may be lower than the rates of payment for comparable support services provided to persons
p.000001: who are not family members:
p.000001: (d) the limits on funding for support services provided to a family member, which may be expressed in
p.000001: any way, including by limiting the amounts that may be paid or the number of hours for which
p.000001: payment may be claimed.
p.000001: (4) Where, after the commencement of this Part, the Crown or a DHB adopts a family care policy, or changes
p.000001: or cancels a family care policy, the chief executive of the Ministry of Health or the DHB, as the case
p.000001: requires, must make a copy of the document that states the family care policy, or that changes or cancels
p.000001: it, available for inspection, on request, during working hours at the appropriate head office and at any
p.000001: other places that the chief executive determines are appropriate.
p.000001: (5) None of the following is a disallowable instrument for the purposes of the Legislation Act 2012:
p.000001: (a) a family care policy:
p.000001: (b) a change to a family care policy:
p.000001: (c) a determination cancelling a family care policy.
p.000001: (6) [Repealed]
p.000001: (7) [Repealed]
p.000001: Section 70D: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001: Section 70D(6): repealed, on 6 August 2013, by section 70D(7).
p.000001: Section 70D(7): repealed, on 6 August 2013, by section 70D(7).
p.000001:
p.000001: 70E Claims of unlawful discrimination in respect of this Act or family care policy
p.000001: precluded
p.000001: (1) In this section, specified allegation means any assertion to the effect that a person’s right to freedom
p.000001: from discrimination on 1 or more of the grounds stated in section 21(1)(b), (h), (i), and (l) of the Human
p.000001: Rights Act 1993, being the right affirmed by section 19 of the New Zealand Bill of Rights Act 1990, has
p.000001: been breached—
p.000001: (a) by this Part; or
p.000001: (b) by a family care policy; or
p.000001: (c) by anything done or omitted to be done in compliance, or intended compliance, with this Part or in
p.000001: compliance, or intended compliance, with a family care policy.
p.000001: (2) On and after the commencement of this Part, no complaint based in whole or in part on a specified
p.000001: allegation may be made to the Human Rights Commission, and no proceedings based in whole or in part
p.000001: on a specified allegation may be commenced or continued in any court or tribunal.
p.000001: (3) On and after the commencement of this Part, the Human Rights Commission must not take any action or
p.000001: any further action in relation to a complaint that—
p.000001: (a) was made after 15 May 2013; and
p.000001: (b) is, in whole or in part, based on a specified allegation.
p.000001: (4) On and after the commencement of this Part, neither the Human Rights Review Tribunal nor any court
p.000001: may hear, or continue to hear, or determine any civil proceedings that arise out of a complaint described in
p.000001: subsection (3).
p.000001: (5) Nothing in this section or in section 70D affects—
p.000001: (a) a complaint that is, in whole or in part, based on a specified allegation but that has been lodged with
p.000001: the Human Rights Commission or any court before 16 May 2013; or
p.000001: (b) the jurisdiction of the Human Rights Review Tribunal or of a court to hear and determine
p.000001: proceedings that arise out of a complaint described in paragraph (a).
p.000001: (6) Despite subsection (5)(b), if in proceedings to which that subsection applies the Human Rights Review
p.000001: Tribunal or a court finds that a specified allegation has been proved, the Human Rights Review Tribunal or
p.000001: the court may grant no remedy other than the declaration described in subsection (7).
p.000001: (7) The declaration that may be granted by the Human Rights Review Tribunal or the court in proceedings to
p.000001: which subsection (5)(b) applies is a declaration that the policy to which the finding relates is inconsistent
p.000001: with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act
p.000001: 1990.
p.000001: Section 70E: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70F Certificates relating to family care policies
p.000001: (1) The chief executive of the Ministry of Health may sign in respect of the Crown, and a chief executive of a
p.000001: DHB may sign in respect of the DHB, a certificate that states facts of the following kind in relation to the
p.000001: Crown or that DHB:
p.000001: (a) the contents of any family care policy that, in relation to any period of time, the Crown or the DHB
p.000001: currently has or that it previously had:
p.000001: (b) if the family care policy comes within paragraph (b) of the definition of that term set out in section
p.000001: 70B(1), a description of the practice followed by the Crown or the DHB.
p.000001: (2) A certificate under this section is—
p.000001: (a) admissible in all proceedings without proof of the signature or office of the person appearing to have
p.000001: signed the certificate; and
p.000001: (b) in the absence of proof to the contrary, sufficient evidence of the facts stated in it.
p.000001: Section 70F: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70G Savings
p.000001: (1) The proceedings between the Ministry of Health and Peter Atkinson (on behalf of the estate of Susan
p.000001: Atkinson) and 8 other respondents (being the proceedings that were the subject of the judgment of the
p.000001: Court of Appeal reported in Ministry of Health v Atkinson [2012] 3 NZLR 456) may be continued or settled
p.000001: as if this Part (other than this section) had not been enacted.
p.000001: (2) Any claim in the proceedings in the High Court between Margaret Spencer and the Attorney-General (CIV
p.000001: 2012-404-006717) may, if, and only if, made in pleadings filed in the High Court before 16 May 2013, be
p.000001: heard and determined as if this Part (other than this section) had not been enacted.
p.000001: (3) Subsection (4) applies to a contract or an arrangement—
p.000001: (a) that contains commitments or assurances by the Crown or a DHB; and
p.000001: (b) that is in effect immediately before the commencement of this Part; and
p.000001: (c) that provides for or envisages payments for support services provided to a family member.
p.000001: (4) The contract or arrangement—
p.000001: (a) must, if any of its terms relating to payment for support services to a family member were not
p.000001: permitted or authorised by a family care policy, be construed as if they had been so permitted and
p.000001: authorised; and
p.000001: (b) if still in effect on the day before the first anniversary of the commencement of this Part, ceases to
p.000001: be in effect on the close of that day.
p.000001: (5) Subsections (3) and (4) override section 70C.
p.000001: Section 70G: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001:
p.000001:
p.000001: Part 5
p.000001: Inquiries
p.000001: Inquiries and investigations under Commissions of Inquiry Act 1908
p.000001:
p.000001: 71 Minister may appoint Commission under Commissions of Inquiry Act 1908 to
p.000001: conduct inquiry or investigation
p.000001: (1) The Minister may appoint 1 or more persons as a Commission under the Commissions of Inquiry Act 1908
p.000001: to conduct an inquiry or investigation into, and report to the Minister on, 1 or more of the following:
p.000001: (a) the funding or provision of health services, disability support services, or both:
p.000001: (b) the management of any publicly-owned health and disability organisation:
p.000001: (c) a complaint or matter that arises or may arise under this Act or out of the administration of this Act.
p.000001: (2) Any appointment under subsection (1) may be made subject to any terms and conditions (being terms and
p.000001: conditions not inconsistent with any enactment) the Minister determines.
p.000001: (3) Sections 11 and 12 of the Commissions of Inquiry Act 1908 (which relate to costs) do not apply to any
p.000001: Commission appointed under subsection (1).
p.000001: (4) There may be paid out of money appropriated by Parliament for the purpose to any person or persons
...
Health / Physically Disabled
Searching for indicator illness:
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p.000001:
p.000001: 56 Membership of board
p.000001: (1) The board of NZBS consists of up to 7 members appointed under section 28 of the Crown Entities Act
p.000001: 2004.
p.000001: (2) [Repealed]
p.000001: (3) [Repealed]
p.000001: Section 56(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 56(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 56(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Health Promotion Agency
p.000001: Heading: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 57 Health Promotion Agency established
p.000001: (1) An organisation called the Health Promotion Agency ( HPA) is established.
p.000001: (2) HPA is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000001: (3) The board of HPA consists of not fewer than 5 and not more than 7 members appointed under section 28
p.000001: of the Crown Entities Act 2004.
p.000001: (4) The Crown Entities Act 2004 applies to HPA except to the extent that this Act expressly provides
p.000001: otherwise.
p.000001: Section 57: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 58 Functions, duties, and powers of HPA
p.000001: (1) HPA must lead and support activities for the following purposes:
p.000001: (a) promoting health and wellbeing and encouraging healthy lifestyles:
p.000001: (b) preventing disease, illness, and injury:
p.000001: (c) enabling environments that support health and wellbeing and healthy lifestyles:
p.000001: (d) reducing personal, social, and economic harm.
p.000001: (2) HPA has the following alcohol-specific functions:
p.000001: (a) giving advice and making recommendations to government, government agencies, industry, non-
p.000001: government bodies, communities, health professionals, and others on the sale, supply,
p.000001: consumption, misuse, and harm of alcohol so far as those matters relate to HPA’s general functions:
p.000001: (b) undertaking or working with others to research the use of alcohol in New Zealand, public attitudes
p.000001: towards alcohol, and problems associated with, or consequent on, the misuse of alcohol.
p.000001: (3) Section 103(1) of the Crown Entities Act 2004 does not apply to HPA’s functions under subsection (2), but
p.000001: HPA must have regard to any government policy that relates to those functions if so directed by the
p.000001: Minister.
p.000001: (4) HPA must also—
p.000001: (a) assume the property, rights, and liabilities of the Alcohol Advisory Council and the Health
p.000001: Sponsorship Council that are transferred to HPA by section 17 of the New Zealand Public Health
p.000001: and Disability Amendment Act 2012; and
p.000001: (b) undertake any other functions that it is for the time being authorised to perform by the Minister by
p.000001: written notice to the board of HPA after consultation with the board.
p.000001: Section 58: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
...
Health / alcoholism
Searching for indicator alcoholic:
(return to top)
p.000001: child:
p.000001: (ii) specifying time limits on the validity of the cards:
p.000001: (iii) requiring holders to return the cards to the Ministry of Health:
p.000001: (iv) any other conditions relating to their use:
p.000001: (d) providing for reviews or appeals, or both, of any decisions made under any regulations authorised
p.000001: by paragraphs (a) to (c):
p.000001: (e) prescribing offences relating to the improper use of the cards and the fines (not exceeding $10,000)
p.000001: that may be imposed in respect of any such offences.
p.000001: (4) The Health Entitlement Card Regulations 1993 are deemed to have been made under subsection (3) and
p.000001: may be amended or revoked accordingly.
p.000001: (5) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the
p.000001: following purposes:
p.000001: (a) providing for returns to be made by persons importing into or manufacturing in New Zealand any
p.000001: alcohol, or any class or kind of alcohol, for the purpose of ascertaining the amount of any levy
p.000001: payable under this Act, and providing for the verification of returns:
p.000001: (b) exempting any person or class of persons from paying any levy that would otherwise be payable
p.000001: under this Act in any case where the cost of assessing or collecting the levy exceeds the amount
p.000001: payable by way of the levy:
p.000001: (c) amending or replacing the table in Schedule 4B, and amending, omitting, or reinserting the
p.000001: description of the method for determining variable rates.
p.000001: (6) Regulations under subsection (5)(c) may be made only—
p.000001: (a) for the purpose of aligning the rates for classes of alcohol under this Act with the classification
p.000001: system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties
p.000001: Table (as defined in section 5(1) of the Customs and Excise Act 2018 ); and
p.000001: (b) after consultation with the Minister of Customs.
p.000001: Section 92(1)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(b): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(d): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(g): substituted, on 24 February 2011, by section 23(1) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001: Section 92(1)(h): repealed, on 25 December 2002, by section 51(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001: Section 92(2): amended, on 24 February 2011, by section 23(2) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 92(3)(c)(i): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.000001: Section 92(5): inserted, on 1 July 2012, by section 10 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 92(6): inserted, on 1 July 2012, by section 10 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 92(6)(a): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
...
p.000001: Schedule 4 clause 38(2)(c): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 39 Board may waive or modify application of clause 38(2)
p.000001: (1) The board may, if satisfied it is in the public interest, or the interests of the DHB concerned, to do so,
p.000001: waive or modify the application of all or any part of clause 38(2) in respect of—
p.000001: (a) any particular member of a committee:
p.000001: (b) any transaction, or class of transaction.
p.000001: (2) The board must effect any waiver or modification under subclause (1) by written notice to the committee,
p.000001: and may make the waiver or modification subject to any conditions the board thinks fit.
p.000001: (3) The board must give the Minister a copy of any such notice within 10 working days after the date on which
p.000001: the board issues the notice.
p.000001:
p.000001:
p.000001: Schedule 4A
p.000001: Provisions relating to imposition and payment of HPA levies
p.000001: s 59AA
p.000001: Schedule 4A: inserted, on 1 July 2012, by section 12 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 1 Interpretation
p.000001: (1) In this schedule, unless the context otherwise requires,—
p.000001: aggregate expenditure figure, in relation to any financial year, means the aggregate expenditure figure
p.000001: assessed in respect of that year by the Minister under clause 2(1)
p.000001: aggregate levy figure, in relation to any financial year, means the aggregate levy figure determined in
p.000001: respect of that year by the Minister under clause 2(2)
p.000001: beer means the product of the alcoholic fermentation by yeast of liquid derived from a mash of drinking
p.000001: water and malt grains with hops or their extracts that on analysis is found to contain more than 1.15%
p.000001: volume of alcohol
p.000001: class of alcohol means a class of alcohol as identified in the table in Schedule 4B
p.000001: HPA means the Health Promotion Agency established by section 57
p.000001: preceding statistical year means the latest complete period of 12 consecutive months in respect of
p.000001: which, at any material time, the following information is available to the Minister, that is, the total number
p.000001: of litres of each class of alcohol imported into, and manufactured in, New Zealand during that period
p.000001: spirits means ethyl alcohol, whether denatured or not, and any spirituous beverages, including brandy,
p.000001: gin, rum, vodka, whisky, and every other description of spirituous alcohol derived from ethyl alcohol
p.000001: wine means the product of the complete or partial fermentation of any fruit (including grapes), vegetable,
p.000001: or honey, and—
p.000001: (a) includes—
p.000001: (i) cider, perry, and mead; and
p.000001: (ii) fortified wines such as sherry, port, and fruit or vegetable-based alcohols; but
p.000001: (b) does not include—
p.000001: (i) beer or spirits; or
p.000001: (ii) any alcohol containing no more than 1.15% volume of alcohol
p.000001: winemaker has the same meaning as in the Wine Act 2003.
p.000001: (2) For the purposes of clauses 3 and 5, where any wine manufactured in New Zealand is sold to another
p.000001: winemaker for blending with other wine, the wine so sold is deemed to be manufactured by the person
p.000001: who blends it, and not by its original maker.
p.000001: (3) For the purposes of clause 3(2), the total number of litres of wine manufactured in New Zealand during
...
Health / ill
Searching for indicator ill:
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p.000001: payment of interest, the repayment of principal, the giving of security, and otherwise that HPA thinks
p.000001: fit:
p.000001: (c) charge any fees (if any) that it may from time to time think reasonable for any material published by
p.000001: it and made available to the public:
p.000001: (d) without further appropriation by Parliament, spend in any year any funds received by HPA in the
p.000001: previous year and not spent by HPA in the previous year:
p.000001: (e) commit itself to spend any money by way of sponsorship, subject to subsection (2).
p.000001: (2) The power to spend money by way of sponsorship is subject to the following limitations:
p.000001: (a) HPA must have the money in hand at the time; and
p.000001: (b) HPA must not, in any year (the current year), commit itself to spend by way of sponsorship in the
p.000001: next succeeding year more than 25% of the amount of the money appropriated by Parliament for the
p.000001: purposes of HPA for the current year.
p.000001: (3) In this section, sponsorship means, in broad terms, the provision of assistance by HPA to any person or
p.000001: organisation and, in return, the promotion by that person or organisation of health and wellbeing and
p.000001: healthy lifestyles in a manner agreed by HPA.
p.000001: (4) For the purpose of subsection (3),—
p.000001: (a) such assistance by HPA may (without limitation) take the form of—
p.000001: (i) money, whether by way of grant or otherwise; or
p.000001: (ii) goods and services; or
p.000001: (iii) trophies, prizes, awards, and scholarships:
p.000001: (b) such promotion by the person or organisation receiving assistance may (without limitation) take the
p.000001: form of—
p.000001: (i) publicising messages relating to health and wellbeing and healthy lifestyles; or
p.000001: (ii) publicising messages relating to ill-health and unhealthy lifestyles; or
p.000001: (iii) promoting HPA’s aims and objectives.
p.000001: (5) This section (other than subsection (2)) does not limit sections 16 and 17 of the Crown Entities Act 2004.
p.000001: Section 59: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: Levies
p.000001: Heading: inserted, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 59AA Levies for alcohol-related purposes
p.000001: (1) Levies may be imposed for the purpose of enabling HPA to recover costs it incurs—
p.000001: (a) in addressing alcohol-related harm; and
p.000001: (b) in its other alcohol-related activities.
p.000001: (2) Schedules 4A and 4B apply for the purpose of this section.
p.000001: Section 59AA: inserted, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: Health Quality and Safety Commission
p.000001: Heading: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 59A Health Quality and Safety Commission
p.000001: (1) An organisation called the Health Quality and Safety Commission ( HQSC) is established.
p.000001: (2) HQSC is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
p.000001: (3) The Crown Entities Act 2004 applies to HQSC except to the extent that this Act expressly provides
p.000001: otherwise.
...
p.000001: Act 1993:
p.000001: (b) in any other case, as if it were a request for access to official information made under the Official
p.000001: Information Act 1982.
p.000001: Compare: 1987 No 174 s 51
p.000001:
p.000001: 22 Public notification of resolution at emergency meeting
p.000001: If a resolution is passed at an emergency meeting of a board, the board must publicly notify the resolution
p.000001: as soon as practicable, unless it was passed at a meeting or part of a meeting from which the public was
p.000001: excluded.
p.000001: Compare: 1987 No 174 s 51A
p.000001:
p.000001: 23 Defamatory matter in copy of agenda or additional particulars supplied to public or
p.000001: in minutes of meeting
p.000001: (1) This clause applies if all or any part of a meeting of any board is open to the public, and—
p.000001: (a) a copy of the agenda for the meeting, with or without further statements or particulars for the
p.000001: purpose of indicating the nature of any item included in the agenda, is supplied to a member of the
p.000001: public; or
p.000001: (b) the minutes of the meeting or part are produced, for inspection, to any member of the public, or a
p.000001: copy of them is given to any member of the public.
p.000001: (2) The publication, in that way, of any defamatory matter in the agenda, or in the further statements or
p.000001: particulars, or in the minutes, is privileged.
p.000001: (3) This clause does not apply if, in any proceedings for defamation in respect of that publication, the plaintiff
p.000001: proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: Compare: 1987 No 174 s 52
p.000001:
p.000001: 24 Oral statements at meetings privileged
p.000001: (1) Any oral statement made at any meeting of a board in accordance with the rules that have been adopted
p.000001: by the board for the guidance and order of its meetings is privileged.
p.000001: (2) This clause does not apply if, in any proceedings for defamation in respect of the statement, the plaintiff
p.000001: proves that, in making the statement, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: (3) The privilege conferred by this clause is in addition to and not in substitution for or derogation of any other
p.000001: privilege, whether absolute or qualified, that applies, by virtue of any other enactment or rule of law, to
p.000001: meetings of any board.
p.000001: Compare: 1987 No 174 s 53
p.000001: Procedure at meetings
p.000001:
p.000001: 25 Quorum
p.000001: (1) No authority, power, or discretion of a board can be exercised, and no business of a board can be
p.000001: transacted, at any meeting of the board, unless the quorum of members of the board is present at the
p.000001: meeting.
p.000001: (2) The quorum of members of a board is,—
p.000001: (a) if the total number of members of the board is an even number, half that number; but
p.000001: (b) if the total number of members of the board is an odd number, a majority of the members.
p.000001: (3) Despite subclause (2), the Minister may, by written notice to all members of a board given before a certain
p.000001: meeting or meetings of the board, or before any meetings of the board within a certain period, set a
p.000001: quorum other than that in subclause (2) for the meeting or meetings of the board, if—
p.000001: (a) a member of the board gives the Minister a written statement of reasons why the Minister should do
p.000001: so; and
p.000001: (b) the Minister considers that those reasons are good reasons and is satisfied that those reasons exist
p.000001: in fact.
p.000001: (4) For the purposes of subclause (3), it is enough if the Minister made all reasonable efforts to give all
p.000001: members the notice before the meeting or meetings.
p.000001:
p.000001: 26 Further provisions relating to quorum
...
p.000001: Act 1993:
p.000001: (b) in any other case, as if it were a request for access to official information made under the Official
p.000001: Information Act 1982.
p.000001: Compare: 1987 No 174 s 51
p.000001:
p.000001: 24 Public notification of resolution at emergency meeting
p.000001: If a resolution is passed at an emergency meeting of a committee, the committee must publicly notify the
p.000001: resolution as soon as practicable, unless it was passed at a meeting or part of a meeting from which the
p.000001: public was excluded.
p.000001: Compare: 1987 No 174 s 51A
p.000001:
p.000001: 25 Defamatory matter in copy of agenda or additional particulars supplied to public or
p.000001: in minutes of meeting
p.000001: (1) This clause applies if all or any part of a meeting of any committee is open to the public, and—
p.000001: (a) a copy of the agenda for the meeting, with or without further statements or particulars for the
p.000001: purpose of indicating the nature of any item included in the agenda, is supplied to a member of the
p.000001: public; or
p.000001: (b) the minutes of the meeting or part are produced, for inspection, to any member of the public, or a
p.000001: copy of them is given to any member of the public.
p.000001: (2) The publication, in that way, of any defamatory matter in the agenda, or in the further statements or
p.000001: particulars, or in the minutes, is privileged.
p.000001: (3) This clause does not apply if, in any proceedings for defamation in respect of that publication, the plaintiff
p.000001: proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: Compare: 1987 No 174 s 52
p.000001:
p.000001: 26 Oral statements at meetings privileged
p.000001: (1) Any oral statement made at any meeting of a committee in accordance with the rules that have been
p.000001: adopted by the committee for the guidance and order of its meetings is privileged.
p.000001: (2) This clause does not apply if, in any proceedings for defamation in respect of the statement, the plaintiff
p.000001: proves that, in making the statement, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: (3) The privilege conferred by this clause is in addition to and not in substitution for or derogation of any other
p.000001: privilege, whether absolute or qualified, that applies, by virtue of any other enactment or rule of law, to the
p.000001: meetings of any committee.
p.000001: Compare: 1987 No 174 s 53
p.000001: Procedure at meetings
p.000001:
p.000001: 27 Quorum
p.000001: (1) No authority, power, or discretion of a committee can be exercised, and no business of a committee can
p.000001: be transacted, at any meeting of the committee, unless the quorum of members of the committee is
p.000001: present at the meeting.
p.000001: (2) The quorum of members of a committee is,—
p.000001: (a) if the total number of members of the committee is an even number, half that number; but
p.000001: (b) if the total number of members of the committee is an odd number, a majority of the members.
p.000001: (3) Despite subclause (2), the board may, by written notice to all members of a committee given before a
p.000001: certain meeting or meetings of the committee, or before any meetings of the committee within a certain
p.000001: period, set a quorum other than that in subclause (2) for the meeting or meetings of the committee, if—
p.000001: (a) a member of the committee gives the board a written statement of reasons why the board should do
p.000001: so; and
p.000001: (b) the board considers that those reasons are good reasons and is satisfied that those reasons exist in
p.000001: fact.
p.000001:
p.000001: 28 Further provisions relating to quorum
p.000001: (1) For the purposes of clause 27(3), it is enough if the board made all reasonable efforts to give all members
...
Social / Access to Social Goods
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p.000001: Printing order Tagged sections/clauses Web feeds?
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p.000001: New Zealand Public Health and Disability Act 2000
p.000001: How the site works
p.000001: Contact us
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p.000001: print
p.000001: News
p.000001: Site map
p.000001: Warning: Some amendments have not yet been incorporated
p.000001: Glossary
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p.000001:
p.000001: Copyright
p.000001: Privacy
p.000001: By sections Disclaimer
p.000001: View whole (841KB) Versions and amendments Print/Download PDF [1.0MB]
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p.000001: Contents Previous section Next section Tag section Remove Previous hit Next hit
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: Reprint as at 31 October 2018
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: New Zealand Public Health and Disability Act 2000
p.000001: Public Act 2000 No 91
p.000001: Date of assent 14 December 2000
p.000001: Commencement see section 2
p.000001:
p.000001: Note
p.000001: Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
p.000001: Note 4 at the end of this reprint provides a list of the amendments incorporated.
p.000001:
p.000001: This Act is administered by the Ministry of Health.
p.000001:
p.000001:
p.000001:
p.000001: Contents
p.000001: 1 Title
p.000001: Part 1
p.000001: Preliminary provisions
p.000001: 2 Commencement
p.000001: 3 Purpose
p.000001: 4 Treaty of Waitangi
p.000001: 5 Outline
p.000001: 6 Interpretation
p.000001: 7 Act to bind the Crown
p.000001: Part 2
p.000001: Responsibilities of Minister
p.000001: 8 Health and disability strategies
p.000001: 9 Strategies for standards and quality assurance programmes
p.000001: 10 Crown funding agreements
p.000001: 11 Ministerial committees
...
p.000001: This Act is the New Zealand Public Health and Disability Act 2000.
p.000001:
p.000001:
p.000001: Part 1
p.000001: Preliminary provisions
p.000001: 2 Commencement
p.000001: (1) Sections 8, 106, and 114 come into force on the day after the date on which this Act receives the Royal
p.000001: assent.
p.000001: (2) The rest of this Act comes into force on 1 January 2001.
p.000001:
p.000001: 3 Purpose
p.000001: (1) The purpose of this Act is to provide for the public funding and provision of personal health services,
p.000001: public health services, and disability support services, and to establish new publicly-owned health and
p.000001: disability organisations, in order to pursue the following objectives:
p.000001: (a) to achieve for New Zealanders—
p.000001: (i) the improvement, promotion, and protection of their health:
p.000001: (ii) the promotion of the inclusion and participation in society and independence of people with
p.000001: disabilities:
p.000001: (iii) the best care or support for those in need of services:
p.000001: (b) to reduce health disparities by improving the health outcomes of Maori and other population groups:
p.000001: (c) to provide a community voice in matters relating to personal health services, public health services,
p.000001: and disability support services—
p.000001: (i) by providing for elected board members of DHBs:
p.000001: (ii) by providing for board meetings and certain committee meetings to be open to the public:
p.000001: (iii) by providing for consultation on strategic planning:
p.000001: (d) to facilitate access to, and the dissemination of information to deliver, appropriate, effective, and
p.000001: timely health services, public health services and programmes, both for the protection and the
p.000001: promotion of public health, and disability support services.
p.000001: (2) The objectives stated in subsection (1) are to be pursued to the extent that they are reasonably
p.000001: achievable within the funding provided.
p.000001: (3) To avoid any doubt, nothing in this Act—
p.000001: (a) entitles a person to preferential access to services on the basis of race; or
p.000001: (b) limits section 73 of the Human Rights Act 1993 (which relates to measures to ensure equality).
p.000001: (4) In giving effect to the purposes set out in subsection (1), the Crown and DHBs must endeavour to promote
p.000001: the integration of all health services, especially primary and secondary services.
p.000001: (5) In giving effect to the purposes set out in subsection (1), the Crown and DHBs must endeavour to provide
p.000001: for health services to be organised at either a local, regional, or national level depending on the optimum
p.000001: arrangement for the most effective delivery of properly co-ordinated health services.
p.000001:
p.000001: 4 Treaty of Waitangi
p.000001: In order to recognise and respect the principles of the Treaty of Waitangi, and with a view to improving
p.000001: health outcomes for Maori, Part 3 provides for mechanisms to enable Maori to contribute to decision-
p.000001: making on, and to participate in the delivery of, health and disability services.
p.000001: 5 Outline
p.000001: (1) In general terms, this Act relates to, and reorganises, the public health and disability sector.
p.000001: (2) Ministerial responsibilities (Part 2) include—
p.000001: (a) determining health and disability strategies ( section 8):
p.000001: (b) negotiating and entering into agreements under which the Crown provides a person money in return
p.000001: for the person providing or arranging for the provision of health services or disability support
p.000001: services (section 10):
p.000001: (c) establishing and appointing committees (section 11), including—
...
p.000001: (2) A chairperson or deputy chairperson who resigns from that office continues to be a member of the board
p.000001: unless he or she also resigns from that office, under clause 6.
p.000001:
p.000001: 12 Vacation of office
p.000001: (1) A chairperson or deputy chairperson ceases to hold that office if he or she ceases to be a member of the
p.000001: board.
p.000001: (2) A deputy chairperson ceases to hold that office if he or she is appointed chairperson of the board.
p.000001: (3) Subclauses (1) and (2) override any deed or agreement, but do not limit section 31 (replacement of board
p.000001: by commissioner).
p.000001:
p.000001: 13 Removal from office
p.000001: (1) A chairperson or deputy chairperson may be removed from that office by the Minister by notice in the
p.000001: Gazette stating the date on which the removal takes effect, but only if the Minister has first consulted the
p.000001: chairperson or deputy chairperson, and board, about the removal.
p.000001: (2) Subclause (1) overrides any deed or agreement.
p.000001: (3) A chairperson or deputy chairperson removed from that office continues to be a member of the board
p.000001: unless also removed from that office, under section 36 of the Crown Entities Act 2004 or clause 8(1), as
p.000001: the case may be.
p.000001: Schedule 3 clause 13(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Teleconferences
p.000001:
p.000001: 14 Teleconferences
p.000001: (1) A meeting of a board may be held—
p.000001: (a) by a quorum of the members, being assembled together at the time and place appointed for the
p.000001: meeting; or
p.000001: (b) by means of audio, audio and visual, or electronic communication, provided that—
p.000001: (i) all of the members who wish to participate in the meeting have access to the technology
p.000001: needed to participate in the meeting; and
p.000001: (ii) a quorum of members can simultaneously communicate with each other throughout the
p.000001: meeting.
p.000001: (2) For the avoidance of doubt, all the provisions of this schedule relating to meetings of a board (including,
p.000001: without limitation, the requirement for public admission to meetings) apply to a meeting held in accordance
p.000001: with subclause (1)(b).
p.000001: Schedule 3 clause 14: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 15 Further provisions relating to teleconferences
p.000001: [Repealed]
p.000001: Schedule 3 clause 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Notice of meetings
p.000001: 16 Meetings of boards to be publicly notified
p.000001: (1) Each board must, not more than 14 days and not less than 5 days before the end of each month, publicly
p.000001: notify a list of all meetings of that board scheduled to be held in the following month, together with the
p.000001: dates on which, and the times and places at which, the meetings are to be held.
p.000001: (2) However, if a meeting of a board is to be held on or after the 21st day of any month, the board may,
p.000001: instead of publicly notifying the meeting under subclause (1), publicly notify the meeting not more than 10
p.000001: nor less than 5 working days before the day on which the meeting is to be held.
p.000001: (3) If a special meeting of a board is called and notice of the meeting cannot be given in the manner required
p.000001: or permitted by this clause, the board must publicly notify or otherwise advertise the meeting, and the
p.000001: general nature of business to be transacted at the meeting, as soon as practicable before the meeting is
p.000001: to be held.
...
p.000001: the agenda and any associated reports must be made available as soon as is reasonable in the
p.000001: circumstances.
p.000001: (2) The board must, from time to time, authorise a person to act for it for the purposes of this subclause, and
p.000001: that person—
p.000001: (a) may exclude from the reports made available any reports or items from reports that the meeting
p.000001: discussed with the public excluded; and
p.000001: (b) must indicate on each agenda items the meeting discussed with the public excluded.
p.000001: Compare: 1987 No 174 s 46A(6), (8)–(9)
p.000001:
p.000001: 21 Public may inspect or request copies of minutes of meeting
p.000001: (1) Any member of the public may, within a reasonable time after any meeting of a board, without payment of
p.000001: any fee and during normal office hours, inspect the minutes of the meeting or any part of it, unless it was a
p.000001: meeting or part of a meeting from which the public was excluded.
p.000001: (2) The minutes must be available for inspection at a place or places within the district.
p.000001: (3) Any member of the public may take notes from any minutes inspected by that member of the public.
p.000001: (4) Every member of the public inspecting any such minutes who requests a copy of all or any part of those
p.000001: minutes must, if he or she tenders an amount equal to the reasonable costs of making one available, be
p.000001: given such a copy.
p.000001: (5) If any person requests a copy of the minutes of any meeting or part of a meeting from which the public
p.000001: was excluded, the board must deal with the request as follows:
p.000001: (a) if it is made by or on behalf of a natural person, and is for access to any personal information that is
p.000001: about that person, as if it were a request made under subclause (1)(b) of principle 6 of the Privacy
p.000001: Act 1993:
p.000001: (b) in any other case, as if it were a request for access to official information made under the Official
p.000001: Information Act 1982.
p.000001: Compare: 1987 No 174 s 51
p.000001:
p.000001: 22 Public notification of resolution at emergency meeting
p.000001: If a resolution is passed at an emergency meeting of a board, the board must publicly notify the resolution
p.000001: as soon as practicable, unless it was passed at a meeting or part of a meeting from which the public was
p.000001: excluded.
p.000001: Compare: 1987 No 174 s 51A
p.000001:
p.000001: 23 Defamatory matter in copy of agenda or additional particulars supplied to public or
p.000001: in minutes of meeting
p.000001: (1) This clause applies if all or any part of a meeting of any board is open to the public, and—
p.000001: (a) a copy of the agenda for the meeting, with or without further statements or particulars for the
p.000001: purpose of indicating the nature of any item included in the agenda, is supplied to a member of the
p.000001: public; or
p.000001: (b) the minutes of the meeting or part are produced, for inspection, to any member of the public, or a
p.000001: copy of them is given to any member of the public.
p.000001: (2) The publication, in that way, of any defamatory matter in the agenda, or in the further statements or
p.000001: particulars, or in the minutes, is privileged.
p.000001: (3) This clause does not apply if, in any proceedings for defamation in respect of that publication, the plaintiff
p.000001: proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: Compare: 1987 No 174 s 52
p.000001:
p.000001: 24 Oral statements at meetings privileged
...
p.000001: (1) A chairperson or deputy chairperson of the committee may be removed from that office by the board by
p.000001: notice in writing to the chairperson or, as the case requires, deputy chairperson, and committee stating
p.000001: the board’s reasons for the removal and the date on which the removal takes effect.
p.000001: (2) A board may exercise the power under subclause (1) only if it has first consulted the chairperson or, as the
p.000001: case requires, deputy chairperson, and committee, about the removal.
p.000001: (3) Subclauses (1) and (2) override any deed or agreement.
p.000001: (4) A chairperson or deputy chairperson removed from that office continues to be a member of the committee
p.000001: unless also removed from that office, under clause 10(1).
p.000001:
p.000001: Board to notify Minister of appointments, etc
p.000001:
p.000001: 15 Board to notify Minister of appointments, etc
p.000001: (1) The board must give the Minister notice of any appointment, resignation, vacation of office, or removal
p.000001: from office, of any chairperson, deputy chairperson, or member of a committee, under any of clauses 6, or
p.000001: 8 to 14.
p.000001: (2) The notice must be in writing and given as soon as practicable, and no later than 10 working days, after
p.000001: the board becomes aware of the appointment, resignation, vacation of office, or removal from office.
p.000001:
p.000001: Teleconferences
p.000001:
p.000001: 16 Teleconferences
p.000001: (1) A meeting of a committee may be held—
p.000001: (a) by a quorum of the members, being assembled together at the time and place appointed for the
p.000001: meeting; or
p.000001: (b) by means of audio, audio and visual, or electronic communication, provided that—
p.000001: (i) all of the members who wish to participate in the meeting have access to the technology
p.000001: needed to participate in the meeting; and
p.000001: (ii) a quorum of members can simultaneously communicate with each other throughout the
p.000001: meeting.
p.000001: (2) For the avoidance of doubt, all the provisions of this schedule relating to meetings of a committee (for
p.000001: example, the requirement for public admission to meetings) apply to a meeting held in accordance with
p.000001: subclause (1)(b).
p.000001: Schedule 4 clause 16: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 17 Further provisions relating to teleconferences
p.000001: [Repealed]
p.000001: Schedule 4 clause 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Notice of meetings
p.000001:
p.000001: 18 Meetings of committees to be publicly notified
p.000001: (1) Each committee must, not more than 14 days and not less than 5 days before the end of each month,
p.000001: publicly notify a list of all meetings of the committee scheduled to be held in the following month, together
p.000001: with the dates on which, and the times and places at which, the meetings are to be held.
p.000001: (2) However, if a meeting of a committee is to be held on or after the 21st day of any month, the committee
p.000001: may, instead of publicly notifying the meeting under subclause (1), publicly notify the meeting not more
p.000001: than 10 nor less than 5 working days before the day on which the meeting is to be held.
p.000001: (3) If a special meeting of a committee is called and notice of the meeting cannot be given in the manner
p.000001: required or permitted by this clause, the committee must publicly notify or otherwise advertise the meeting,
p.000001: and the general nature of business to be transacted at the meeting, as soon as practicable before the
...
p.000001: committee, the agenda and any associated reports must be made available as soon as is reasonable in
p.000001: the circumstances.
p.000001: (2) The committee must, from time to time, authorise a person to act for it for the purposes of this subclause,
p.000001: and that person—
p.000001: (a) may exclude from the reports made available any reports or items from reports that the meeting
p.000001: discussed with the public excluded; and
p.000001: (b) must indicate on each agenda items the meeting discussed with the public excluded.
p.000001: Compare: 1987 No 174 s 46A(6), (8)–(9)
p.000001:
p.000001: 23 Public may inspect or request copies of minutes of meeting
p.000001: (1) Any member of the public may, within a reasonable time after any meeting of a committee, without
p.000001: payment of any fee and during normal office hours, inspect the minutes of the meeting or any part of it,
p.000001: unless it was a meeting or part of a meeting from which the public was excluded.
p.000001: (2) The minutes must be available for inspection at a place or places within the district.
p.000001: (3) Any member of the public may take notes from any minutes inspected by that member of the public.
p.000001: (4) Every member of the public inspecting any such minutes who requests a copy of all or any part of those
p.000001: minutes must, if he or she tenders an amount equal to the reasonable costs of making one available, be
p.000001: given such a copy.
p.000001: (5) If any person requests a copy of the minutes of any meeting or part of a meeting from which the public
p.000001: was excluded, the committee must deal with the request as follows:
p.000001: (a) if it is made by or on behalf of a natural person, and is for access to any personal information that is
p.000001: about that person, as if it were a request made under subclause (1)(b) of principle 6 of the Privacy
p.000001: Act 1993:
p.000001: (b) in any other case, as if it were a request for access to official information made under the Official
p.000001: Information Act 1982.
p.000001: Compare: 1987 No 174 s 51
p.000001:
p.000001: 24 Public notification of resolution at emergency meeting
p.000001: If a resolution is passed at an emergency meeting of a committee, the committee must publicly notify the
p.000001: resolution as soon as practicable, unless it was passed at a meeting or part of a meeting from which the
p.000001: public was excluded.
p.000001: Compare: 1987 No 174 s 51A
p.000001:
p.000001: 25 Defamatory matter in copy of agenda or additional particulars supplied to public or
p.000001: in minutes of meeting
p.000001: (1) This clause applies if all or any part of a meeting of any committee is open to the public, and—
p.000001: (a) a copy of the agenda for the meeting, with or without further statements or particulars for the
p.000001: purpose of indicating the nature of any item included in the agenda, is supplied to a member of the
p.000001: public; or
p.000001: (b) the minutes of the meeting or part are produced, for inspection, to any member of the public, or a
p.000001: copy of them is given to any member of the public.
p.000001: (2) The publication, in that way, of any defamatory matter in the agenda, or in the further statements or
p.000001: particulars, or in the minutes, is privileged.
p.000001: (3) This clause does not apply if, in any proceedings for defamation in respect of that publication, the plaintiff
p.000001: proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: Compare: 1987 No 174 s 52
p.000001:
...
Social / Age
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p.000001:
p.000001: 70A Purpose of this Part
p.000001: (1) The purpose of this Part is to keep the funding of support services provided by persons to their family
p.000001: members within sustainable limits in order to give effect to the restraint imposed by section 3(2) and to
p.000001: affirm the principle that, in the context of the funding of support services, families generally have primary
p.000001: responsibility for the well-being of their family members.
p.000001: (2) To achieve that purpose, this Act, among other things,—
p.000001: (a) prohibits the Crown or a DHB from paying a person for providing support services to a family
p.000001: member unless the payment is permitted by an applicable family care policy or is expressly
p.000001: authorised by or under an enactment:
p.000001: (b) declares that the Crown and DHBs have always been authorised, and continue to be authorised, to
p.000001: adopt or have family care policies that permit persons to be paid, in certain cases, for providing
p.000001: support services to family members:
p.000001: (c) stops (subject to certain savings) any complaint to the Human Rights Commission and any
p.000001: proceeding in any court if the complaint or proceeding is, in whole or in part, based on an assertion
p.000001: that a person’s right to freedom from discrimination on any of the grounds of marital status,
p.000001: disability, age, or family status (affirmed by section 19 of the New Zealand Bill of Rights Act 1990)
p.000001: has been breached by—
p.000001: (i) a provision of this Part; or
p.000001: (ii) a family care policy; or
p.000001: (iii) anything done or omitted in compliance, or intended compliance, with this Part or a family care
p.000001: policy.
p.000001: Section 70A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70B Interpretation
p.000001: (1) In this Part, unless the context otherwise requires,—
p.000001: family care policy, in relation to the Crown or a DHB,—
p.000001: (a) means any statement in writing made by, or on behalf of, the Crown or by, or on behalf of, the DHB
p.000001: that permits, or has the effect of permitting, persons to be paid, in certain cases, for providing
p.000001: support services to their family members; and
p.000001: (b) includes any practice, whether or not reduced to writing, that has the same effect as a statement of
p.000001: the kind described in paragraph (a), being a practice that was followed by the Crown or by a DHB
p.000001: before the commencement of this Part
p.000001: family member has the meaning given by subsection (2)
p.000001: support services means disability support services (as defined in section 6(1)) or health services (as so
...
p.000001: (d) to replace a family care policy.
p.000001: (2) Any family care policy that the Crown or any DHB had immediately before the commencement of this Part
p.000001: continues in effect, and the Crown or the DHB may change, cancel, or replace that family care policy.
p.000001: (3) A family care policy that the Crown or a DHB adopts or has on or after the commencement of this Part
p.000001: may state, and a family care policy that the Crown or a DHB adopted or had before that commencement
p.000001: has always been authorised to state or to have the effect of stating, 1 or more of the following:
p.000001: (a) cases in which persons may be paid for providing support services to family members, including,
p.000001: without limitation, by reference to 1 or more of the following matters:
p.000001: (i) the nature of the familial relationship between the person who provides the support services
p.000001: and the family member to whom the support services are provided:
p.000001: (ii) the impairment or condition of the family member to whom the support services are provided,
p.000001: which may include references to the effects of the impairment or condition or the degree of its
p.000001: severity, or both:
p.000001: (iii) the age of the family member to whom the support services are provided:
p.000001: (iv) the place of residence of the family member to whom the support services are provided:
p.000001: (v) the place of residence of the person who provides the support services:
p.000001: (vi) the needs of the family member to whom the support services are provided and the needs of
p.000001: his or her family:
p.000001: (b) the conditions that must be satisfied before payments for support services provided to a family
p.000001: member are made:
p.000001: (c) the rates, or ways of setting the rates, of payment for support services provided to family members,
p.000001: which may be lower than the rates of payment for comparable support services provided to persons
p.000001: who are not family members:
p.000001: (d) the limits on funding for support services provided to a family member, which may be expressed in
p.000001: any way, including by limiting the amounts that may be paid or the number of hours for which
p.000001: payment may be claimed.
p.000001: (4) Where, after the commencement of this Part, the Crown or a DHB adopts a family care policy, or changes
p.000001: or cancels a family care policy, the chief executive of the Ministry of Health or the DHB, as the case
...
Social / Child
Searching for indicator child:
(return to top)
p.000001: statement of intent means a statement of intent prepared in accordance with the Crown Entities Act
p.000001: 2004 and section 42 or section 67
p.000001: transaction, in relation to a DHB, means—
p.000001: (a) the exercise or performance of a function, duty, or power of the DHB; or
p.000001: (b) an arrangement, agreement, or contract to which the DHB is a party; or
p.000001: (c) a proposal that the DHB enter into an arrangement, agreement, or contract.
p.000001: (2) For the purposes of this Act, a person who is a member of a board of a DHB or a member of a committee
p.000001: of such board or a delegate of such board is interested in a transaction of a DHB if, and only if, the
p.000001: board member or member of the committee or the delegate—
p.000001: (a) is a party to, or will derive a financial benefit from, the transaction; or
p.000001: (b) has a financial interest in another party to the transaction; or
p.000001: (c) is a director, member, official, partner, or trustee of another party to, or person who will or may
p.000001: derive a financial benefit from, the transaction, not being a party that is—
p.000001: (i) the Crown; or
p.000001: (ii) a publicly-owned health and disability organisation; or
p.000001: (iii) a body that is wholly owned by 1 or more publicly-owned health and disability organisations; or
p.000001: (d) is the parent, child, spouse or partner of another party to, or person who will or may derive a
p.000001: financial benefit from, the transaction; or
p.000001: (e) is otherwise directly or indirectly interested in the transaction.
p.000001: (3) A person is not interested in a transaction for the purposes of subsection (2)—
p.000001: (a) if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to
p.000001: influence him or her in carrying out his or her responsibilities under this Act or another Act; or
p.000001: (b) because he or she receives remuneration or other benefits authorised under this Act or another Act.
p.000001: Section 6(1) annual plan: repealed, on 24 February 2011, by section 5(1) of the New Zealand Public Health and Disability Amendment
p.000001: Act 2010 (2010 No 118).
p.000001: Section 6(1) board: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) CHFA: repealed, on 1 July 2012, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2012 (2012
p.000001: No 41).
p.000001: Section 6(1) conflict of interest: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) conflict of interest paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act
...
p.000001:
p.000001: 70B Interpretation
p.000001: (1) In this Part, unless the context otherwise requires,—
p.000001: family care policy, in relation to the Crown or a DHB,—
p.000001: (a) means any statement in writing made by, or on behalf of, the Crown or by, or on behalf of, the DHB
p.000001: that permits, or has the effect of permitting, persons to be paid, in certain cases, for providing
p.000001: support services to their family members; and
p.000001: (b) includes any practice, whether or not reduced to writing, that has the same effect as a statement of
p.000001: the kind described in paragraph (a), being a practice that was followed by the Crown or by a DHB
p.000001: before the commencement of this Part
p.000001: family member has the meaning given by subsection (2)
p.000001: support services means disability support services (as defined in section 6(1)) or health services (as so
p.000001: defined), or both, being services of a kind that are generally funded, directly or indirectly, through Vote
p.000001: Health.
p.000001: (2) Support services provided by a person (person A) to another person ( person B) are provided to a family
p.000001: member in any case where person B is person A’s—
p.000001: (a) spouse, civil union partner, or de facto partner; or
p.000001: (b) parent, step-parent, or grandparent; or
p.000001: (c) child, stepchild, or grandchild; or
p.000001: (d) sister, half-sister, stepsister, brother, half-brother, or stepbrother; or
p.000001: (e) aunt or uncle; or
p.000001: (f) nephew or niece; or
p.000001: (g) first cousin.
p.000001: Section 70B: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70C Persons generally not to be paid for providing support services to family members
p.000001: On and after the commencement of this Part, neither the Crown nor a DHB may pay a person for any
p.000001: support services that are, whether before, on, or after that commencement, provided to a family member
p.000001: of the person unless the payment is—
p.000001: (a) permitted by an applicable family care policy; or
p.000001: (b) expressly authorised by or under an enactment.
p.000001: Section 70C: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70D Family care policy
p.000001: (1) The Crown and any DHB are, and have always have been, authorised —
p.000001: (a) to adopt or have a family care policy:
p.000001: (b) to change a family care policy:
p.000001: (c) to cancel a family care policy:
p.000001: (d) to replace a family care policy.
...
p.000001: complied with in the preparation of the plan:
p.000001: (h) [Repealed]
p.000001: (i) prescribing standard provisions that are to be regarded as being included in all Crown funding
p.000001: agreements between the Crown and DHBs:
p.000001: (j) providing for any other matters contemplated by this Act or necessary for its administration or
p.000001: necessary for giving it full effect.
p.000001: (2) The Governor-General may, by Order in Council made on the recommendation of the Minister, make
p.000001: regulations prescribing rules by which disputes or differences between any 1 or more publicly-owned
p.000001: health and disability organisations or providers of services or other persons are to be mediated or
p.000001: arbitrated.
p.000001: (3) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
p.000001: (a) providing for the issue of entitlement cards (including cards that may record information of any
p.000001: description that is capable of being read or processed by a computer, but not including cards that
p.000001: are themselves capable of processing information) to various classes of persons or the continuation
p.000001: of use of such cards issued under the Health Entitlement Cards Regulations 1993:
p.000001: (b) prescribing the classes of persons eligible to be issued with the cards:
p.000001: (c) prescribing and regulating the use of the cards, including (but not limited to)—
p.000001: (i) their use to obtain any payment or exemption from payment for health services or disability
p.000001: support services supplied to the holder of a card, or his or her dependent spouse or partner or
p.000001: child:
p.000001: (ii) specifying time limits on the validity of the cards:
p.000001: (iii) requiring holders to return the cards to the Ministry of Health:
p.000001: (iv) any other conditions relating to their use:
p.000001: (d) providing for reviews or appeals, or both, of any decisions made under any regulations authorised
p.000001: by paragraphs (a) to (c):
p.000001: (e) prescribing offences relating to the improper use of the cards and the fines (not exceeding $10,000)
p.000001: that may be imposed in respect of any such offences.
p.000001: (4) The Health Entitlement Card Regulations 1993 are deemed to have been made under subsection (3) and
p.000001: may be amended or revoked accordingly.
p.000001: (5) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the
p.000001: following purposes:
p.000001: (a) providing for returns to be made by persons importing into or manufacturing in New Zealand any
p.000001: alcohol, or any class or kind of alcohol, for the purpose of ascertaining the amount of any levy
p.000001: payable under this Act, and providing for the verification of returns:
p.000001: (b) exempting any person or class of persons from paying any levy that would otherwise be payable
p.000001: under this Act in any case where the cost of assessing or collecting the levy exceeds the amount
p.000001: payable by way of the levy:
p.000001: (c) amending or replacing the table in Schedule 4B, and amending, omitting, or reinserting the
p.000001: description of the method for determining variable rates.
p.000001: (6) Regulations under subsection (5)(c) may be made only—
p.000001: (a) for the purpose of aligning the rates for classes of alcohol under this Act with the classification
p.000001: system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties
...
Searching for indicator children:
(return to top)
p.000001: (SR 1998/239)
p.000001:
p.000001: Health and Disability Services Amendment Act Commencement Order 1995
p.000001: (SR 1995/303)
p.000001:
p.000001: Health and Disability Services (Establishment of Transitional Health Authority) Order
p.000001: 1997 (SR 1997/57)
p.000001:
p.000001: Health and Disability Services (Health Funding Authority) Order 1997 (SR 1997/312)
p.000001:
p.000001: Health Reforms (Transitional Provisions) Regulations 1993 (SR 1993/170)
p.000001:
p.000001: Hospital Boards and Committees of Management Regulations 1959 (SR 1959/130)
p.000001:
p.000001: Hospital Districts (Borough of Kapiti) Order 1974 (SR 1974/219)
p.000001:
p.000001: Hospital Districts Order 1988 (SR 1988/311)
p.000001:
p.000001: Hospitals Amendment Act (No 2) Commencement Order 1972 (SR 1972/38)
p.000001: Hospitals (Tuarangi Home) Order 1969 (SR 1969/37)
p.000001:
p.000001: Revocation of Health and Disability Service (Employment Contracts) Order 2000
p.000001: (SR 2000/165)
p.000001: Revocation of Regional Health Authorities Establishment Order 1997 (SR 1997/99)
p.000001:
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: s 111(1)
p.000001:
p.000001: Accident Insurance Act 1998 (1998 No 114)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Charitable Trusts Act 1957 (1957 No 18)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Civil Defence Act 1983 (1983 No 46)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Contraception, Sterilisation, and Abortion Act 1977 (1977 No 112)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Dental Act 1988 (1988 No 150)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Education Act 1989 (1989 No 80)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Electoral Act 1993 (1993 No 87)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Employment Relations Act 2000 (2000 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Finance Act 1994 (1994 No 73)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Hazardous Substances and New Organisms Act 1996 (1996 No 30)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Act 1956 (1956 No 65)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Amendment Act 1998 (1998 No 86)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health and Disability Commissioner Act 1994 (1994 No 88)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Research Council Act 1990 (1990 No 68)
...
Social / Linguistic Proficiency
Searching for indicator language:
(return to top)
p.000001: (b) alter the terms of reference set (including the time by which the inquiry board must finally report):
p.000001: (c) add, to the instructions already given to the inquiry board under subsection (3)(b), further
p.000001: instructions referred to in any paragraph (except paragraph (a) or paragraph (g)) of section 77.
p.000001:
p.000001: 76 Protection of inquiry board
p.000001: No member of an inquiry board (or of the support personnel for an inquiry board) has any civil liability for
p.000001: anything the member does or says or reports, or omits to do or say or report, in good faith in pursuance or
p.000001: intended pursuance of his or her duties as a member of the inquiry board (or of the support personnel for
p.000001: the inquiry board).
p.000001: Compare: 1908 No 25 s 3
p.000001:
p.000001: 77 Instructions as to procedure
p.000001: The instructions referred to in section 75(3)(b) are—
p.000001: (a) that the inquiry be conducted in an inquisitorial or in an adversarial manner:
p.000001: (b) that the inquiry be conducted efficiently and with as much expedition as is possible, while retaining
p.000001: procedural flexibility:
p.000001: (c) that the inquiry board avoid unnecessary formality:
p.000001: (d) that, to the extent reasonably possible, costs of the inquiry be kept within reasonable bounds:
p.000001: (e) that the inquiry board recognise tikanga Maori where appropriate:
p.000001: (f) that the inquiry board receive any evidence written or spoken in Maori (but the fact that this
p.000001: instruction has, or has not, been given to the inquiry board is not to affect the application (if any) of
p.000001: Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 in proceedings before the inquiry
p.000001: board):
p.000001: (g) that the questioning of witnesses (other than by the inquiry board or its support personnel) be
p.000001: available only if—
p.000001: (i) a person’s interests may be adversely affected by evidence or a statement of a witness or, and
p.000001: in exceptional circumstances only, a refusal to allow questioning would otherwise contravene
p.000001: natural justice; and
p.000001: (ii) no other procedure would protect adequately the person’s interests or avoid the other
p.000001: contravention of natural justice:
p.000001: (h) that the inquiry board hold public hearings in places specified by the Minister, subject to the inquiry
p.000001: board’s powers under section 79 to hold hearings in private and prohibit publication or disclosure of
p.000001: proceedings:
p.000001: (i) that witnesses who give information in a hearing be given a transcript of the hearing relating to the
p.000001: information and a reasonable chance to clarify the information or to provide any relevant further
p.000001: information:
p.000001: (j) that the inquiry board have the powers under section 82 to investigate and the power under section
p.000001: 83 to summon witnesses.
p.000001: Section 77(f): amended, on 30 April 2016, by section 50 of Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 (2016 No 17).
p.000001:
p.000001: 78 Further requirements as to procedure
p.000001: In any inquiry, the inquiry board must—
p.000001: (a) give witnesses notice before a hearing of matters in respect of which they will be asked questions in
p.000001: the hearing:
p.000001: (b) give persons who are the subject of damaging or adverse allegations a reasonable chance to
p.000001: respond to those allegations:
p.000001: (c) draw to a person’s attention any proposed criticisms by the inquiry board of the person, so that the
p.000001: person has a reasonable chance to respond to those criticisms.
p.000001:
p.000001: 79 Inquiry hearings and evidence generally to be public
p.000001: (1) Each hearing an inquiry board conducts for the purposes of its inquiry must be held in public.
p.000001: (2) Subsection (1) is subject to subsections (3) to (5).
p.000001: (3) An inquiry board that considers it proper to do so after having had regard to the interests of any person
p.000001: and to the public interest may—
p.000001: (a) hold all or any part of a hearing in private:
p.000001: (b) make an order prohibiting the publication or disclosure of any report or account of all or any part of
p.000001: the proceedings before it, whether held in public or in private:
p.000001: (c) make an order prohibiting the publication or disclosure of all or any part of any evidence given, or
p.000001: any books, papers, documents, or records produced, at any hearing.
p.000001: (4) An inquiry board may make an order under subsection (3)(b) or (c) on its own initiative or an application
p.000001: by any person for the purpose.
p.000001: (5) If an inquiry board makes an order under subsection (3), the inquiry board must state in the order—
p.000001: (a) the inquiry board’s reasons for making the order; and
p.000001: (b) in the case of an order made under subsection (3)(b) or (c), the time (if any) at which, or the
...
p.000001: department is the controlling authority.
p.000001:
p.000001: Other matters
p.000001:
p.000001: 35 Other savings and transitional matters
p.000001: The Governor-General may, by Order in Council, provide for savings and transitional matters connected
p.000001: with the disestablishment of an entity under this Part, including the transfer of functions formerly carried
p.000001: out by the entity.
p.000001:
p.000001: Reprints notes
p.000001: 1 General
p.000001: This is a reprint of the New Zealand Public Health and Disability Act 2000 that incorporates all the
p.000001: amendments to that Act as at the date of the last amendment to it.
p.000001: 2 Legal status
p.000001: Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal
p.000001: enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides
p.000001: that this reprint, published in electronic form, has the status of an official version under section 17 of that
p.000001: Act. A printed version of the reprint produced directly from this official electronic version also has official
p.000001: status.
p.000001: 3 Editorial and format changes
p.000001: Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the
p.000001: Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/ .
p.000001: 4 Amendments incorporated in this reprint
p.000001: State Sector and Crown Entities Reform Act 2018 (2018 No 31): section 19
p.000001: Customs and Excise Act 2018 (2018 No 4): section 443(3)
p.000001: Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 (2016 No 17): section 50
p.000001: Health and Disability (Geographical Areas of DHBs) Order 2015 (LI 2015/133)
p.000001: Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
p.000001: Inquiries Act 2013 (2013 No 60): section 39
p.000001: Crown Entities Amendment Act 2013 (2013 No 51): sections 42, 72
p.000001: New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22)
p.000001: New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41)
p.000001: Criminal Procedure Act 2011 (2011 No 81): section 413
p.000001: New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118)
p.000001: Health and Disability (Establishment of Southern DHB) Order 2010 (SR 2010/78): clause 4
p.000001: Policing Act 2008 (2008 No 72): section 116(a)(ii)
p.000001: Human Tissue Act 2008 (2008 No 28): section 92
p.000001: New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63)
p.000001: Public Records Act 2005 (2005 No 40): section 67(1)
p.000001: Relationships (Statutory References) Act 2005 (2005 No 3): section 7
p.000001: Crown Entities Act 2004 (2004 No 115): section 200
p.000001: Health (Geographical Areas of District Health Boards) Order 2004 (SR 2004/227): clause 3
p.000001: New Zealand Public Health and Disability Amendment Act 2003 (2003 No 87)
p.000001: Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
...
Social / Marital Status
Searching for indicator marital status:
(return to top)
p.000001:
p.000001: 70A Purpose of this Part
p.000001: (1) The purpose of this Part is to keep the funding of support services provided by persons to their family
p.000001: members within sustainable limits in order to give effect to the restraint imposed by section 3(2) and to
p.000001: affirm the principle that, in the context of the funding of support services, families generally have primary
p.000001: responsibility for the well-being of their family members.
p.000001: (2) To achieve that purpose, this Act, among other things,—
p.000001: (a) prohibits the Crown or a DHB from paying a person for providing support services to a family
p.000001: member unless the payment is permitted by an applicable family care policy or is expressly
p.000001: authorised by or under an enactment:
p.000001: (b) declares that the Crown and DHBs have always been authorised, and continue to be authorised, to
p.000001: adopt or have family care policies that permit persons to be paid, in certain cases, for providing
p.000001: support services to family members:
p.000001: (c) stops (subject to certain savings) any complaint to the Human Rights Commission and any
p.000001: proceeding in any court if the complaint or proceeding is, in whole or in part, based on an assertion
p.000001: that a person’s right to freedom from discrimination on any of the grounds of marital status,
p.000001: disability, age, or family status (affirmed by section 19 of the New Zealand Bill of Rights Act 1990)
p.000001: has been breached by—
p.000001: (i) a provision of this Part; or
p.000001: (ii) a family care policy; or
p.000001: (iii) anything done or omitted in compliance, or intended compliance, with this Part or a family care
p.000001: policy.
p.000001: Section 70A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70B Interpretation
p.000001: (1) In this Part, unless the context otherwise requires,—
p.000001: family care policy, in relation to the Crown or a DHB,—
p.000001: (a) means any statement in writing made by, or on behalf of, the Crown or by, or on behalf of, the DHB
p.000001: that permits, or has the effect of permitting, persons to be paid, in certain cases, for providing
p.000001: support services to their family members; and
p.000001: (b) includes any practice, whether or not reduced to writing, that has the same effect as a statement of
p.000001: the kind described in paragraph (a), being a practice that was followed by the Crown or by a DHB
p.000001: before the commencement of this Part
p.000001: family member has the meaning given by subsection (2)
...
Searching for indicator single:
(return to top)
p.000001: 2015/133).
p.000001: Schedule 1: amended, on 1 May 2010, by clause 4(1) of the Health and Disability (Establishment of Southern DHB) Order 2010
p.000001: (SR 2010/78).
p.000001: Schedule 1: amended, on 1 May 2010, by clause 4(2) of the Health and Disability (Establishment of Southern DHB) Order 2010
p.000001: (SR 2010/78).
p.000001: Schedule 1: amended, on 6 August 2004, by clause 3 of the Health (Geographical Areas of District Health Boards) Order 2004 (SR
p.000001: 2004/227).
p.000001: Schedule 1: amended, on 27 April 2001, by clause 7 of the Health (Constituencies of District Health Boards) Order 2001 (SR 2001/77).
p.000001:
p.000001:
p.000001:
p.000001: Schedule 2
p.000001: Membership of boards: Election and appointment of members, and
p.000001: effect of boundary changes on membership
p.000001: ss 29(1), 45(1)
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Purpose of this schedule
p.000001: 2 Purpose
p.000001: Electors and candidates
p.000001: 3 Residential qualification for electors
p.000001: 4 Qualification for candidates
p.000001: 5 Candidates not to stand for more than 1 district
p.000001: 6 Candidate to declare conflicts of interest
p.000001: 7 Employees of DHBs may stand for elections
p.000001: Application of Local Electoral Act 2001
p.000001: 8 Elections governed by Local Electoral Act 2001 and regulations made under that Act
p.000001: 9 Timing of elections
p.000001: 9A Elections in 2004 and subsequently to be conducted using Single Transferable Voting
p.000001: 9B Related amendments to New Zealand Public Health and Disability Act 2000
p.000001: 10 No by-elections
p.000001: Rolls for election
p.000001: 11 Rolls for election
p.000001: Conduct of election
p.000001: 12 Postal voting
p.000001: Cost of elections
p.000001: 13 Cost to be borne by DHB
p.000001: When members come into office
p.000001: 14 When elected members come into office
p.000001: 15 When appointed members come into office
p.000001: Appointment to boards of newly created DHBs
p.000001: 16 Appointment of new DHB
p.000001: Persons who may not be members of boards
p.000001: 17 Certain persons disqualified from membership
p.000001: Effect of boundary changes
p.000001: 18 Reorganisation of districts
p.000001: 19 Other alterations of districts
p.000001: 20 Inquiries by Local Government Commission
p.000001:
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: constituency, in relation to a DHB, means,—
p.000001: (a) if the district of the DHB has been divided into constituencies by an Order in Council under section
p.000001: 19, each such constituency; and
p.000001: (b) if the district of the DHB has not been divided in that way, the district of the DHB
p.000001: district, in relation to a DHB, means the geographical area specified opposite to that board in column 2 of
p.000001: Schedule 1
p.000001: election of a DHB means an election to elect the elective members of the board of a DHB
p.000001: elector means an elector at an election of a DHB
p.000001: territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002; but
...
p.000001: date; and
p.000001: (b) discloses any such conflicts of interest that the candidate believes are likely to arise in future, or
p.000001: states that the candidate does not believe that any such conflicts of interest are likely to arise in
p.000001: future.
p.000001: Schedule 2 clause 6: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 7 Employees of DHBs may stand for elections
p.000001: A person is not prevented from being elected as a member of a DHB simply because the person is an
p.000001: employee of the DHB.
p.000001:
p.000001: Application of Local Electoral Act 2001
p.000001: Heading: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 8 Elections governed by Local Electoral Act 2001 and regulations made under that Act
p.000001: (1) The provisions of the Local Electoral Act 2001 and any regulations made under that Act apply, with all
p.000001: necessary modifications, to every election of a DHB.
p.000001: (2) Subclause (1) is subject to the provisions of this Act and to any regulations made under this Act.
p.000001: Schedule 2 clause 8 heading : amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 8(1): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 9 Timing of elections
p.000001: (1) The elections of DHBs must be held in conjunction with every triennial general election.
p.000001: (2) For the purposes of subclause (1), the first triennial general election is the one to be held in 2001.
p.000001:
p.000001: 9A Elections in 2004 and subsequently to be conducted using Single Transferable
p.000001: Voting
p.000001: The elections of DHBs to be held at the triennial general election in 2004 and at every subsequent
p.000001: triennial general election must be conducted by the Single Transferable Voting electoral system (STV)
p.000001: using the New Zealand method of counting single transferable votes .
p.000001: Schedule 2 clause 9A : inserted, on 1 July 2001, by section 150 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 9A : amended, on 25 December 2002, by section 51(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 9B Related amendments to New Zealand Public Health and Disability Act 2000
p.000001: The person appointed by a District Health Board under section 12 of the Local Electoral Act 2001 must be
p.000001: a person who is also the electoral officer of a territorial authority in whose district the District Health Board
p.000001: is wholly or partly situated.
p.000001: Schedule 2 clause 9B : inserted, on 25 December 2002, by section 51(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 10 No by-elections
p.000001: No by-election or poll may be held under the Local Electoral Act 2001 for the purpose of electing a
p.000001: member to a board.
p.000001: Schedule 2 clause 10: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Rolls for election
p.000001: 11 Rolls for election
p.000001: (1) If the district of a DHB is situated wholly within the district of any territorial authority, the part of the roll
p.000001: containing the details of the residential electors on the roll for that territorial authority’s district whose
p.000001: addresses are within the DHB’s district is the roll of electors for the election of the DHB.
p.000001: (2) In any other case, the relevant parts of the rolls containing the details of the residential electors of the
...
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p.000001: members of board of Pharmac
p.000001: (1) Every person who, immediately before the commencement of this section, held office as a director of
p.000001: Pharmaceutical Management Agency Limited is to be taken to have been appointed under section 52 as a
p.000001: member of the board of Pharmac for the period that, as at the close of that date, represents the remainder
p.000001: of the person’s term as a director of Pharmaceutical Management Agency Limited.
p.000001: (2) Within 28 days after the commencement of this section, every member continuing in office under
p.000001: subsection (1) must give the Minister the statement required to be completed by section 52(2), and that
p.000001: subsection applies to the member as if he or she were to be appointed as a member of the board of
p.000001: Pharmac on the 29th day after that commencement.
p.000001: (3) If on the 29th day after the commencement of this section a member affected by subsection (1) has failed
p.000001: to comply with subsection (2), the member ceases to be a member of the board of Pharmac on that day.
p.000001:
p.000001: 100 Health Sector (Transfers) Act 1993 to apply to vestings under this Act
p.000001: (1) Section 6, sections 8 to 14, and Schedule 1 of the Health Sector (Transfers) Act 1993 apply to the
p.000001: vestings effected by sections 94 to 96 and section 98 as if—
p.000001: (a) each vesting had been effected under section 5 of that Act; and
p.000001: (b) each dissolved entity were a transferor within the meaning of that Act.
p.000001: (2) For the purposes of the Government Superannuation Fund Act 1956 , a person who, as a result of any of
p.000001: the vestings by sections 94 to 96 and section 98 becomes an employee of a transferee and who,
p.000001: immediately before becoming such an employee, was an officer or employee of a dissolved entity and a
p.000001: contributor to the Government Superannuation Fund under that Act is, so long as that person continues to
p.000001: be employed by a transferee,—
p.000001: (a) to be taken to be employed in the Government service; and
p.000001: (b) that Act applies to that person as if service with the transferee were Government service.
p.000001: (3) Subject to the Government Superannuation Fund Act 1956 , nothing in subsection (2) entitles any such
p.000001: person to become a contributor to the Government Superannuation Fund after that person has ceased to
p.000001: be a contributor.
p.000001: (4) For the purposes of applying the Government Superannuation Fund Act 1956 , in accordance with
p.000001: subsection (2), to a person who is in the service of a transferee and is a contributor to the Government
p.000001: Superannuation Fund, the term controlling authority, in relation to that person, means the chief
p.000001: executive of the transferee.
p.000001:
p.000001: 101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees
p.000001: of dissolved entities and certain employees of Ministry of Health
p.000001: (1) Section 13 of the Health Sector (Transfers) Act 1993 applies to any person who, at any time in the period
p.000001: commencing on 1 April 2000 and ending with the commencement of this section, was an employee of a
p.000001: dissolved entity as if—
p.000001: (a) in subsection (1) of that section there were inserted, before the words “an employee of a transferor”,
p.000001: the words “on or after 1 April 2000”:
p.000001: (b) in subsection (2) of that section there were inserted, before the words “an employee of a transferor”,
...
p.000001: This schedule has the following purposes:
p.000001: (a) to state the qualifications of electors and candidates at DHB elections:
p.000001: (b) to apply, with certain modifications, the legislation governing the election of local authorities to DHB
p.000001: elections:
p.000001: (c) to link DHB elections to the triennial local authority elections so as to maximise voter participation at
p.000001: DHB elections through effective co-operation between DHBs and territorial authorities:
p.000001: (d) to provide for mechanisms relating to the membership and constitution of the boards of DHBs.
p.000001:
p.000001: Electors and candidates
p.000001: 3 Residential qualification for electors
p.000001: A person who is lawfully registered as a parliamentary elector under the Electoral Act 1993 in respect of
p.000001: an address that is within the constituency of a DHB is qualified to be an elector of that constituency at an
p.000001: election of the DHB.
p.000001:
p.000001: 4 Qualification for candidates
p.000001: A person may be a candidate at an election of a DHB if the person—
p.000001: (a) is qualified to be a parliamentary elector; and
p.000001: (b) is not disqualified by clause 17.
p.000001:
p.000001: 5 Candidates not to stand for more than 1 district
p.000001: (1) A person may not at any elections of DHBs held in conjunction with a triennial general election be a
p.000001: candidate for more than 1 district or more than 1 constituency.
p.000001: (2) If a person is nominated in contravention of subclause (1), every nomination is void, if made with the
p.000001: person’s consent.
p.000001:
p.000001: 6 Candidate to declare conflicts of interest
p.000001: When a candidate gives the responsible electoral officer notice of the candidate’s consent to being
p.000001: nominated as a candidate, the candidate must also give the electoral officer a statement completed by the
p.000001: candidate in good faith that—
p.000001: (a) discloses any conflicts of interest that the candidate has with the DHB as at the date of the
p.000001: candidate’s notice of consent, or states that the candidate has no such conflicts of interest as at that
p.000001: date; and
p.000001: (b) discloses any such conflicts of interest that the candidate believes are likely to arise in future, or
p.000001: states that the candidate does not believe that any such conflicts of interest are likely to arise in
p.000001: future.
p.000001: Schedule 2 clause 6: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 7 Employees of DHBs may stand for elections
p.000001: A person is not prevented from being elected as a member of a DHB simply because the person is an
p.000001: employee of the DHB.
p.000001:
p.000001: Application of Local Electoral Act 2001
p.000001: Heading: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 8 Elections governed by Local Electoral Act 2001 and regulations made under that Act
p.000001: (1) The provisions of the Local Electoral Act 2001 and any regulations made under that Act apply, with all
p.000001: necessary modifications, to every election of a DHB.
p.000001: (2) Subclause (1) is subject to the provisions of this Act and to any regulations made under this Act.
p.000001: Schedule 2 clause 8 heading : amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 8(1): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 9 Timing of elections
p.000001: (1) The elections of DHBs must be held in conjunction with every triennial general election.
p.000001: (2) For the purposes of subclause (1), the first triennial general election is the one to be held in 2001.
p.000001:
p.000001: 9A Elections in 2004 and subsequently to be conducted using Single Transferable
p.000001: Voting
p.000001: The elections of DHBs to be held at the triennial general election in 2004 and at every subsequent
p.000001: triennial general election must be conducted by the Single Transferable Voting electoral system (STV)
p.000001: using the New Zealand method of counting single transferable votes .
p.000001: Schedule 2 clause 9A : inserted, on 1 July 2001, by section 150 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 9A : amended, on 25 December 2002, by section 51(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 9B Related amendments to New Zealand Public Health and Disability Act 2000
p.000001: The person appointed by a District Health Board under section 12 of the Local Electoral Act 2001 must be
p.000001: a person who is also the electoral officer of a territorial authority in whose district the District Health Board
p.000001: is wholly or partly situated.
p.000001: Schedule 2 clause 9B : inserted, on 25 December 2002, by section 51(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 10 No by-elections
p.000001: No by-election or poll may be held under the Local Electoral Act 2001 for the purpose of electing a
p.000001: member to a board.
p.000001: Schedule 2 clause 10: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Rolls for election
p.000001: 11 Rolls for election
p.000001: (1) If the district of a DHB is situated wholly within the district of any territorial authority, the part of the roll
p.000001: containing the details of the residential electors on the roll for that territorial authority’s district whose
p.000001: addresses are within the DHB’s district is the roll of electors for the election of the DHB.
p.000001: (2) In any other case, the relevant parts of the rolls containing the details of the residential electors of the
p.000001: districts of the territorial authorities that are situated wholly or partly within the district of a DHB whose
p.000001: addresses are within the district of the DHB are the rolls of electors for the election of the DHB.
p.000001: (3) The electoral officer of every territorial authority whose district is situated wholly or partly within the district
p.000001: of a DHB must indicate on the roll of electors for the district of that territorial authority, by appropriate
p.000001: words, abbreviations, or marks, the names of the persons entitled to vote at the election of the DHB; and if
p.000001: the district of the DHB has, by an Order in Council under section 19, been divided into constituencies, that
p.000001: officer must also indicate the constituency in respect of which those persons may vote at that election.
p.000001: Schedule 2 clause 11(1): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 11(2): substituted, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 11(3): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Conduct of election
p.000001:
p.000001: 12 Postal voting
p.000001: (1) [Repealed]
p.000001: (2) [Repealed]
p.000001: (3) Every electoral officer must include in the papers that are sent to electors a copy of the statement relating
p.000001: to conflicts of interest provided to the electoral officer by each candidate under clause 6.
p.000001: (4) This clause is subject to any regulations made under this Act.
p.000001: Schedule 2 clause 12(1): repealed, on 25 December 2002, by section 51(4) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001: Schedule 2 clause 12(2): repealed, on 25 December 2002, by section 51(4) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001: Schedule 2 clause 12(3): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Cost of elections
p.000001: 13 Cost to be borne by DHB
p.000001: The costs incurred by every territorial authority in conducting an election of a DHB must be borne and
p.000001: paid for by the DHB.
p.000001:
p.000001: When members come into office
p.000001:
p.000001: 14 When elected members come into office
p.000001: Despite anything in section 115 of the Local Electoral Act 2001 , every person who is elected as a member
p.000001: of a board at an election of a DHB comes into office on the 58th day after polling day.
p.000001: Schedule 2 clause 14: amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 15 When appointed members come into office
p.000001: Every appointed member comes into office on the date specified for that purpose in the notice appointing
p.000001: the member or, if no date is specified in the notice, from the date on which the notice is published in the
p.000001: Gazette.
p.000001:
p.000001: Appointment to boards of newly created DHBs
p.000001:
p.000001: 16 Appointment of new DHB
p.000001: (1) If an Order in Council made under section 19(2) creates a new DHB by adding it to Schedule 1, the
p.000001: Minister may appoint persons to hold positions on the board of that DHB that would otherwise be held by
...
p.000001: of the public, and are entitled to attend any meeting or any part of a meeting for the purpose of
p.000001: reporting it for any news media:
p.000001: (b) if the agenda for any meeting is copied by any means for use by members of a board, that board
p.000001: must also cause to be made any additional copies of the agenda that in that board’s opinion may be
p.000001: necessary to ensure there is an adequate supply for any persons requesting copies under
p.000001: paragraph (c):
p.000001: (c) any member of the public who attends a meeting of a board and requests a copy of the agenda
p.000001: must, if he or she tenders an amount equal to the reasonable costs of making one available, be
p.000001: given (and may take away with him or her) any spare copy of the agenda:
p.000001: (d) copies of the agenda supplied for members of the public as provided in paragraph (b) must include
p.000001: any further statements or particulars necessary to indicate the nature of any items included in the
p.000001: agenda, unless that item refers to any matter to be considered by the board when the meeting is not
p.000001: likely to be open to the public.
p.000001: Compare: 1987 No 174 s 49
p.000001:
p.000001: 35 Maintenance of order
p.000001: (1) At any meeting of any board the presiding member of the board may require a member of the public
p.000001: attending the meeting to leave it if the presiding member believes on reasonable grounds that, if the
p.000001: member of the public is permitted to remain, the behaviour of the member of the public is likely to
p.000001: prejudice, or to continue to prejudice, the orderly conduct of the meeting.
p.000001: (2) At the request of the presiding member, a constable, or officer or employee of the DHB concerned may
p.000001: remove or, as the case requires, exclude a member of the public from a meeting of a board if the member
p.000001: of the public has been required under this clause to leave the meeting but—
p.000001: (a) refuses or fails to leave it; or
p.000001: (b) having left it, attempts to re-enter it without the permission of the presiding member.
p.000001: Compare: 1987 No 174 s 50
p.000001: Schedule 3 clause 35(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
p.000001:
p.000001: Disclosure of members’ interests
p.000001:
p.000001: 36 Disclosure of interests
p.000001: (1) A member of a board of a DHB who is interested in a transaction of the DHB must, as soon as practicable
p.000001: after the relevant facts have come to the member’s knowledge, disclose the nature of the interest to the
p.000001: board.
p.000001: (2) A member of a board who makes a disclosure under this clause must not (unless subclause (4) applies, or
p.000001: the Minister, by a waiver or modification of the application of this subclause under clause 37, permits)—
p.000001: (a) take part, after the disclosure in any deliberation or decision of the board relating to the transaction;
p.000001: or
p.000001: (b) be included in the quorum required by clause 25 for any such deliberation or decision; or
p.000001: (c) sign any document relating to the entry into a transaction or the initiation of the transaction.
p.000001: (3) A disclosure under this clause must be recorded in the minutes of the next meeting of the board
p.000001: concerned and entered in a separate interests register maintained for the purpose.
p.000001: (4) However, a member of the board who makes a disclosure under this clause may take part in any
p.000001: deliberation (but not any decision) of the board relating to the transaction concerned if a majority of the
...
p.000001: of the public, and are entitled to attend any meeting or any part of a meeting for the purpose of
p.000001: reporting the meeting for any news media:
p.000001: (b) if the agenda for any meeting is copied by any means for use by members of a committee, that
p.000001: committee must also cause to be made any additional copies of the agenda that in that committee’s
p.000001: opinion may be necessary to ensure there is an adequate supply for any persons requesting copies
p.000001: under paragraph (c):
p.000001: (c) any member of the public who attends a meeting of a committee and requests a copy of the agenda
p.000001: must, if he or she tenders an amount equal to the reasonable costs of making one available, be
p.000001: given (and may take away with him or her) any spare copy of the agenda:
p.000001: (d) copies of the agenda supplied for members of the public as provided in paragraph (b) must include
p.000001: any further statements or particulars necessary to indicate the nature of any items included in the
p.000001: agenda, unless that item refers to any matter to be considered by the committee when the meeting
p.000001: is not likely to be open to the public.
p.000001: Compare: 1987 No 174 s 49
p.000001:
p.000001: 37 Maintenance of order
p.000001: (1) At any meeting of any committee the presiding member of the committee may require a member of the
p.000001: public attending the meeting to leave it if the presiding member believes on reasonable grounds that, if the
p.000001: member of the public is permitted to remain, the behaviour of the member of the public is likely to
p.000001: prejudice, or to continue to prejudice, the orderly conduct of the meeting.
p.000001: (2) At the request of the presiding member, a constable, or officer or employee of the committee may remove
p.000001: or, as the case requires, exclude a member of the public from a meeting of a committee if the member of
p.000001: the public has been required under this clause to leave the meeting but—
p.000001: (a) refuses or fails to leave it; or
p.000001: (b) having left it, attempts to re-enter it without the permission of the presiding member.
p.000001: Compare: 1987 No 174 s 50
p.000001: Schedule 4 clause 37(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
p.000001:
p.000001: Disclosure of members’ interests
p.000001:
p.000001: 38 Disclosure of interests
p.000001: (1) A member of a committee who is interested in a transaction of the DHB must, as soon as practicable after
p.000001: the relevant facts have come to the member’s knowledge, disclose the nature of the interest to the
p.000001: committee.
p.000001: (2) A member of a committee who makes a disclosure under this clause must not (unless subclause (4)
p.000001: applies, or the board, by a waiver or modification of the application of this subclause under clause 39,
p.000001: permits)—
p.000001: (a) take part, after the disclosure, in any deliberation or decision of the committee relating to the
p.000001: transaction; or
p.000001: (b) be included in the quorum required by clause 27 for any such deliberation or decision; or
p.000001: (c) sign any document relating to the entry into a transaction or the initiation of the transaction.
p.000001: (3) A disclosure under this clause must be recorded in the minutes of the next meeting of the committee
p.000001: concerned and entered in a separate interests register maintained for the purpose.
p.000001: (4) However, a member of the committee who makes a disclosure under this clause may take part in any
...
p.000001:
p.000001: Chairperson may require person to give information
p.000001:
p.000001: 2 Chairperson may require person to give information
p.000001: (1) If a mortality review committee gives its chairperson, or an agent the committee appoints for the purpose,
p.000001: authority in writing to do so, the chairperson or agent may, by notice in writing to any person, require the
p.000001: person to give the committee information in the person’s possession, or under the person’s control, and
p.000001: relevant to the performance by the committee of any of its functions.
p.000001: (2) Examples of the information the chairperson or agent may require are—
p.000001: (a) patient records, clinical advice, and related information:
p.000001: (b) answers to questions posed by the chairperson in the notice, and that the person is able to answer:
p.000001: (c) information that became known solely as a result of a declared quality assurance activity, within the
p.000001: meaning of Part 6 of the Medical Practitioners Act 1995, or a protected quality assurance activity
p.000001: within the meaning of section 53(1) of the Health Practitioners Competence Assurance Act 2003 .
p.000001: (3) The person must take all reasonable steps to comply with the notice.
p.000001: Schedule 5 clause 2(2)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act
p.000001: 2003 (2003 No 48).
p.000001:
p.000001: Production, disclosure, and recording of information
p.000001:
p.000001: 3 Meaning of information
p.000001: In clauses 4 to 6, information means any information—
p.000001: (a) that is personal information within the meaning of section 2(1) of the Privacy Act 1993; and
p.000001: (b) that became known to any member or executive officer or agent of a mortality review committee only
p.000001: because of the committee’s functions being carried out (for example, because it is contained in a
p.000001: document created, and made available to the member or executive officer or agent, only because of
p.000001: those functions being carried out), whether or not the carrying out of those functions is completed.
p.000001:
p.000001: 4 Prohibitions on production, disclosure, and recording of information
p.000001: (1) A member or executive officer or agent of a mortality review committee must not produce or disclose
p.000001: information to another person or in any judicial proceeding, or make any record of it, unless the
p.000001: production, disclosure, or record, is—
p.000001: (a) for the purposes of carrying out the committee’s functions; or
p.000001: (b) in accordance with an exception stated in clause 5; or
p.000001: (c) in accordance with a ministerial authority.
p.000001: (2) In any judicial proceeding, a member or executive officer or agent of a mortality review committee must
p.000001: not be required to produce information if under subclause (1) he or she is prohibited from doing so.
p.000001: Compare: 1995 No 95 s 70
p.000001:
p.000001: 5 Exceptions to prohibitions
p.000001: Clause 4 does not prohibit—
p.000001: (a) the production, disclosure, or recording of information if the information does not identify, either
p.000001: expressly or by implication, any particular individual:
p.000001: (b) the disclosure of information—
p.000001: (i) with the consent of every person who would be directly or indirectly identified by the
p.000001: disclosure:
p.000001: (ii) to the Minister, or a person authorised by the Minister, for the purpose of enabling the Minister
p.000001: to decide whether or not to issue a ministerial authority:
p.000001: (iii) for the purposes of the prosecution of an offence against section 18(7) (disclosure of
p.000001: information contrary to this schedule).
p.000001: Compare: 1995 No 95 s 71
p.000001:
p.000001: 6 Minister may authorise disclosure of information
p.000001: (1) If the Minister is satisfied that information relates to conduct (whenever occurring) that constitutes or may
p.000001: constitute a serious offence, the Minister may, by notice in writing signed by the Minister, give a ministerial
p.000001: authority authorising the disclosure of the information, in the manner, and subject to any conditions,
p.000001: specified in the notice, for 1 or more of the following purposes:
p.000001: (a) for the purposes of the investigation and prosecution of offences:
p.000001: (b) for the purposes of a Royal Commission, or a commission of inquiry appointed by an Order in
p.000001: Council made under the Commissions of Inquiry Act 1908 :
...
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p.000001: Reprint as at 31 October 2018
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: New Zealand Public Health and Disability Act 2000
p.000001: Public Act 2000 No 91
p.000001: Date of assent 14 December 2000
p.000001: Commencement see section 2
p.000001:
p.000001: Note
p.000001: Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
p.000001: Note 4 at the end of this reprint provides a list of the amendments incorporated.
...
p.000001: is to be borne by that class of alcohol in the next financial year:
p.000001: (d) Step 4—for each class of alcohol, multiply the result of step 3 by the aggregate levy figure. This
p.000001: gives the amount of levy to be borne by each class of alcohol in the next financial year:
p.000001: (e) Step 5—for each class of alcohol, divide the result of step 4 by the result of step 1. This gives the
p.000001: amount of levy payable on each litre of alcohol of that class in the next financial year.
p.000001: (3) If a rate for a class of alcohol is described in the table in Schedule 4B as a variable rate, the Minister must
p.000001: —
p.000001: (a) determine the rate to be applied to that class of alcohol; and
p.000001: (b) in making that determination, use the method for determining variable rates that is described in
p.000001: Schedule 4B.
p.000001:
p.000001: 4 Rate of levy fixed by Order in Council
p.000001: (1) The Governor-General may, by Order in Council, fix for the next financial year, by reference to each class
p.000001: of alcohol, the amount of levy payable under clause 5.
p.000001: (2) The amount of levy for each class of alcohol must be as determined by the Minister in accordance with
p.000001: clause 3(2).
p.000001: (3) If a rate for a class of alcohol is described in the table in Schedule 4B as a variable rate, the Order in
p.000001: Council must identify the rate determined by the Minister under clause 3(3) and used for the purpose of
p.000001: clause 3(2).
p.000001:
p.000001: 5 Levies payable by importers and manufacturers of alcohol
p.000001: (1) In every financial year, a levy of the amount set by Order in Council made under clause 4 is payable by
p.000001: every person who—
p.000001: (a) enters for home consumption (as that expression is used in the Customs and Excise Act 2018) any
p.000001: imported alcohol that contains more than 1.15% volume of alcohol; or
p.000001: (b) manufactures in New Zealand any beer or spirits; or
p.000001: (c) sells any wine manufactured by that person in New Zealand.
p.000001: (2) No levy is payable under this Act in respect of any alcohol that is not subject to or is exempt from Customs
p.000001: duty under the Customs and Excise Act 2018.
p.000001: (3) If any person may be allowed, under the Customs and Excise Act 2018, any drawback in respect of any
p.000001: alcohol, that person may also be allowed a refund of any levy paid by that person under this Act in respect
p.000001: of that alcohol.
p.000001: (4) In this section, Customs duty has the meaning given to the term duty by section 5(1) of the Customs and
p.000001: Excise Act 2018.
p.000001: Schedule 4A clause 5(1)(a) : amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000001: Schedule 4A clause 5(2) : amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000001: Schedule 4A clause 5(3) : amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000001: Schedule 4A clause 5(4) : amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000001:
p.000001: 6 Payment and collection of levies in respect of beer, wine, and spirits
p.000001: (1) All levies payable under this Act in respect of any beer, wine, or spirits are payable to the Customs in
p.000001: addition to any duty payable to the Customs in respect of the beer, wine, or spirits under the Customs and
p.000001: Excise Act 2018.
p.000001: (2) For the purposes of subclause (1), the levies are payable to the Customs at the same time as the excise
...
p.000001: Health South Canterbury Limited South Canterbury DHB
p.000001: HealthCare Otago Limited Otago DHB
p.000001: Southern Health Limited Southland DHB
p.000001:
p.000001:
p.000001: Schedule 8
p.000001: Consequential revocations of instruments
p.000001: s 110(2)
p.000001:
p.000001: Drug Tariff 1993 (SR 1993/115)
p.000001: Health and Disability Services Amendment Act 1998 Commencement Order 1998
p.000001: (SR 1998/239)
p.000001:
p.000001: Health and Disability Services Amendment Act Commencement Order 1995
p.000001: (SR 1995/303)
p.000001:
p.000001: Health and Disability Services (Establishment of Transitional Health Authority) Order
p.000001: 1997 (SR 1997/57)
p.000001:
p.000001: Health and Disability Services (Health Funding Authority) Order 1997 (SR 1997/312)
p.000001:
p.000001: Health Reforms (Transitional Provisions) Regulations 1993 (SR 1993/170)
p.000001:
p.000001: Hospital Boards and Committees of Management Regulations 1959 (SR 1959/130)
p.000001:
p.000001: Hospital Districts (Borough of Kapiti) Order 1974 (SR 1974/219)
p.000001:
p.000001: Hospital Districts Order 1988 (SR 1988/311)
p.000001:
p.000001: Hospitals Amendment Act (No 2) Commencement Order 1972 (SR 1972/38)
p.000001: Hospitals (Tuarangi Home) Order 1969 (SR 1969/37)
p.000001:
p.000001: Revocation of Health and Disability Service (Employment Contracts) Order 2000
p.000001: (SR 2000/165)
p.000001: Revocation of Regional Health Authorities Establishment Order 1997 (SR 1997/99)
p.000001:
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: s 111(1)
p.000001:
p.000001: Accident Insurance Act 1998 (1998 No 114)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Charitable Trusts Act 1957 (1957 No 18)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Civil Defence Act 1983 (1983 No 46)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Contraception, Sterilisation, and Abortion Act 1977 (1977 No 112)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Dental Act 1988 (1988 No 150)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Education Act 1989 (1989 No 80)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Electoral Act 1993 (1993 No 87)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Employment Relations Act 2000 (2000 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
...
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Ngāi Tahu Claims Settlement Act 1998 (1998 No 97)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Official Information Act 1982 (1982 No 156)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Ombudsmen Act 1975 (1975 No 9)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Public Finance Act 1989 (1989 No 44)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Public Works Act 1981 (1981 No 35)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Rating Powers Act 1988 (1988 No 97)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Reserves Act 1977 (1977 No 66)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Social Security Act 1964 (1964 No 136)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Social Security Amendment Act (No 3) 1993 (1993 No 57)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Tuberculosis Act 1948 (1948 No 36)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001:
p.000001: Schedule 10
p.000001: Consequential amendments to other instruments
p.000001: s 111(2)
p.000001:
p.000001: Accident Insurance (Insurer’s Liability to Pay Cost of Treatment) Regulations 1999
p.000001: (SR 1999/104)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Cremation Regulations 1973 (SR 1973/154)
p.000001: Amendment(s) incorporated in the regulations.
p.000001: Education (Early Childhood Centres) Regulations 1998 (SR 1998/85)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Education (Home-Based Care) Order 1992 (SR 1992/238)
p.000001: Amendment(s) incorporated in the order(s).
p.000001:
p.000001: Health (Burial) Regulations 1946 (SR 1946/132)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health Entitlement Cards Regulations 1993 (SR 1993/169)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Infectious and Notifiable Diseases) Regulations 1966 (SR 1966/87)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Infirm and Neglected Persons) Regulations 1958 (SR 1958/54)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Needles and Syringes) Regulations 1998 (SR 1998/254)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Retention of Health Information) Regulations 1996 (SR 1996/343)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Medicines Regulations 1984 (SR 1984/143)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Social Security (Disability Services) Regulations 1993 (SR 1993/250)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Social Security (Disability Services—Financial Assessment) Regulations 1994
p.000001: (SR 1994/32)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Venereal Diseases Regulations 1982 (SR 1982/215)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: War Pensions Regulations 1956 (SR 1956/7)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Water Supplies Protection Regulations 1961 (SR 1961/86)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
...
p.000001: Criminal Procedure Act 2011 (2011 No 81): section 413
p.000001: New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118)
p.000001: Health and Disability (Establishment of Southern DHB) Order 2010 (SR 2010/78): clause 4
p.000001: Policing Act 2008 (2008 No 72): section 116(a)(ii)
p.000001: Human Tissue Act 2008 (2008 No 28): section 92
p.000001: New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63)
p.000001: Public Records Act 2005 (2005 No 40): section 67(1)
p.000001: Relationships (Statutory References) Act 2005 (2005 No 3): section 7
p.000001: Crown Entities Act 2004 (2004 No 115): section 200
p.000001: Health (Geographical Areas of District Health Boards) Order 2004 (SR 2004/227): clause 3
p.000001: New Zealand Public Health and Disability Amendment Act 2003 (2003 No 87)
p.000001: Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
p.000001: Local Electoral Amendment Act 2002 (2002 No 85): sections 51, 52
p.000001: Local Government Act 2002 (2002 No 84): section 262
p.000001: Local Electoral Act 2001 (2001 No 35): sections 150, 151
p.000001: Health (Constituencies of District Health Boards) Order 2001 (SR 2001/77): clause 7
p.000001: Health Sector (Transfers) Amendment Act 2000 (2000 No 92): section 4(3)
p.000001: New Zealand Public Health and Disability Act 2000 (2000 No 91): section 70D(7)
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: Home Advanced search Browse About this site Contact us News
p.000001: Site map Glossary Accessibility Copyright Privacy Disclaimer
...
Searching for indicator property:
(return to top)
p.000001: of the Crown Entities Act 2004.
p.000001: (4) The Crown Entities Act 2004 applies to HPA except to the extent that this Act expressly provides
p.000001: otherwise.
p.000001: Section 57: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 58 Functions, duties, and powers of HPA
p.000001: (1) HPA must lead and support activities for the following purposes:
p.000001: (a) promoting health and wellbeing and encouraging healthy lifestyles:
p.000001: (b) preventing disease, illness, and injury:
p.000001: (c) enabling environments that support health and wellbeing and healthy lifestyles:
p.000001: (d) reducing personal, social, and economic harm.
p.000001: (2) HPA has the following alcohol-specific functions:
p.000001: (a) giving advice and making recommendations to government, government agencies, industry, non-
p.000001: government bodies, communities, health professionals, and others on the sale, supply,
p.000001: consumption, misuse, and harm of alcohol so far as those matters relate to HPA’s general functions:
p.000001: (b) undertaking or working with others to research the use of alcohol in New Zealand, public attitudes
p.000001: towards alcohol, and problems associated with, or consequent on, the misuse of alcohol.
p.000001: (3) Section 103(1) of the Crown Entities Act 2004 does not apply to HPA’s functions under subsection (2), but
p.000001: HPA must have regard to any government policy that relates to those functions if so directed by the
p.000001: Minister.
p.000001: (4) HPA must also—
p.000001: (a) assume the property, rights, and liabilities of the Alcohol Advisory Council and the Health
p.000001: Sponsorship Council that are transferred to HPA by section 17 of the New Zealand Public Health
p.000001: and Disability Amendment Act 2012; and
p.000001: (b) undertake any other functions that it is for the time being authorised to perform by the Minister by
p.000001: written notice to the board of HPA after consultation with the board.
p.000001: Section 58: replaced, on 1 July 2012, by section 6 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001:
p.000001: 59 Provisions relating to grants, sponsorship, and other matters
p.000001: (1) HPA may—
p.000001: (a) make grants to any body, association, or person engaged in any activity in any field with which HPA
p.000001: is concerned:
p.000001: (b) make advances to any such body, association, or person, on any terms and conditions as to the
p.000001: payment of interest, the repayment of principal, the giving of security, and otherwise that HPA thinks
p.000001: fit:
p.000001: (c) charge any fees (if any) that it may from time to time think reasonable for any material published by
p.000001: it and made available to the public:
p.000001: (d) without further appropriation by Parliament, spend in any year any funds received by HPA in the
p.000001: previous year and not spent by HPA in the previous year:
p.000001: (e) commit itself to spend any money by way of sponsorship, subject to subsection (2).
p.000001: (2) The power to spend money by way of sponsorship is subject to the following limitations:
p.000001: (a) HPA must have the money in hand at the time; and
p.000001: (b) HPA must not, in any year (the current year), commit itself to spend by way of sponsorship in the
...
p.000001: (b) to which the DHB is a party; and
p.000001: (c) that would apply in the place of the DHB’s district strategic plan, or as the case requires, district
p.000001: annual plan.
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: New Zealand Public Health and Disability Amendment Act 2012
p.000001: Public Act 2012 No 41
p.000001: Date of assent 6 June 2012
p.000001: Commencement see section 2
p.000001:
p.000001: 1 Title
p.000001: This Act is the New Zealand Public Health and Disability Amendment Act 2012 .
p.000001:
p.000001: 2 Commencement
p.000001: This Act comes into force on 1 July 2012.
p.000001:
p.000001: 3 Principal Act amended
p.000001: This Act amends the New Zealand Public Health and Disability Act 2000.
p.000001:
p.000001: Provisions relating to disestablishment of Alcohol Advisory Council and Health Sponsorship
p.000001: Council
p.000001: 15 Interpretation
p.000001: In sections 16 to 24, unless the context otherwise requires,—
p.000001: Alcohol Advisory Council means the Alcohol Advisory Council of New Zealand established by
p.000001: section 3(1) of the Alcohol Advisory Council Act 1976
p.000001: Health Sponsorship Council means the Health Sponsorship Council established by section 43(1) of the
p.000001: Smoke-free Environments Act 1990.
p.000001:
p.000001: 16 Disestablishment of councils
p.000001: On the commencement of this section,—
p.000001: (a) the Alcohol Advisory Council and the Health Sponsorship Council are disestablished; and
p.000001: (b) the term of office of the members of those councils ends.
p.000001:
p.000001: 17 Transfer of property and liabilities of councils
p.000001: On and from the commencement of this section,—
p.000001: (a) all real and personal property of the Alcohol Advisory Council and the Health Sponsorship Council
p.000001: vests in HPA free of all trusts; and
p.000001: (b) all rights of those councils vest in HPA; and
p.000001: (c) all money payable to either of those councils is payable to HPA; and
p.000001: (d) all liabilities of each of those councils vest in HPA; and
p.000001: (e) all proceedings pending by or against either of those councils may be continued, completed, or
p.000001: enforced by or against HPA.
p.000001:
p.000001: 18 Transfer not gift, supply of goods and services, or disposition for certain purposes
p.000001: To avoid doubt, anything transferred to HPA by section 17 is not—
p.000001: (a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:
p.000001: (b) a supply of goods and services for the purposes of the Goods and Services Tax Act 1985:
p.000001: (c) a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax
p.000001: Act 2007.
p.000001:
p.000001: 19 Compensation
p.000001: No member of the Alcohol Advisory Council or the Health Sponsorship Council is entitled to compensation
p.000001: for loss of office resulting from the disestablishment of the council.
p.000001:
p.000001: 20 Restriction of compensation for technical redundancy
p.000001: (1) An employee is not entitled to receive any payment or other benefit on the ground that his or her position
p.000001: in the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health has ceased to
p.000001: exist if—
p.000001: (a) the position ceases to exist as a result of a transfer of functions from the council to HPA; and
p.000001: (b) in connection with that transfer of functions,—
p.000001: (i) the employee is offered equivalent employment in HPA (whether or not the employee accepts
p.000001: the offer); or
p.000001: (ii) the employee is offered, and accepts, other employment in HPA.
p.000001: (2) In this section, equivalent employment to the employee’s employment in the Alcohol Advisory Council,
p.000001: the Health Sponsorship Council, or the Ministry of Health is employment in HPA—
p.000001: (a) in substantially the same position; and
p.000001: (b) in the same general locality; and
p.000001: (c) on terms and conditions of employment that are no less favourable than those that apply to the
p.000001: employee immediately before the offer of equivalent employment (including any service-related,
p.000001: redundancy, and superannuation conditions); and
p.000001: (d) on terms that treat the period of service with the council (and any other period of service recognised
p.000001: by the council as continuous service) as if it were continuous service with HPA.
p.000001: (3) This section overrides Part 6A of the Employment Relations Act 2000.
p.000001:
...
p.000001: be bound by or enforce, that agreement.
p.000001: (4) This section limits which employees may be bound by collective agreements (including collective
p.000001: employment contracts), and the coverage of those agreements, under sections 56(1), 57, 62(3), 63(3),
p.000001: and 243 of the Employment Relations Act 2000.
p.000001: (5) This section does not apply to a collective agreement to the extent that the parties agree otherwise.
p.000001:
p.000001: 22 Superannuation
p.000001: (1) Any employee of the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health
p.000001: who, immediately before becoming an employee of HPA, is a contributor to the Government
p.000001: Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed,
p.000001: for the purpose of that Act, to be employed in the Government service so long as he or she continues to
p.000001: be an employee of HPA.
p.000001: (2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s
p.000001: service as an employee of HPA were Government service.
p.000001: (3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund
p.000001: if the person has ceased to be a contributor.
p.000001: (4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of HPA is
p.000001: the controlling authority.
p.000001:
p.000001: Provisions relating to disestablishment of Crown Health Financing Agency
p.000001: 27 Disestablishment of Crown Health Financing Agency
p.000001: On the commencement of this section, the Crown Health Financing Agency is disestablished.
p.000001:
p.000001: 28 Transfer of property and liabilities of Crown Health Financing Agency
p.000001: On and from the commencement of this section,—
p.000001: (a) all real and personal property of the Crown Health Financing Agency (the Agency) vests in the
p.000001: Crown free of all trusts; and
p.000001: (b) all rights of the Agency vest in the Crown; and
p.000001: (c) all money payable to the Agency is payable to the Crown; and
p.000001: (d) all liabilities of the Agency vest in the Crown; and
p.000001: (e) all proceedings pending by or against the Agency may be continued, completed, or enforced by or
p.000001: against the Crown.
p.000001:
p.000001: 29 Transfer not gift, supply of goods and services, or disposition for certain purposes
p.000001: To avoid doubt, anything transferred to the Crown by section 28 is not—
p.000001: (a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:
p.000001: (b) a supply of goods and services for the purposes of the Goods and Services Tax Act 1985:
p.000001: (c) a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax
p.000001: Act 2007.
p.000001:
p.000001: 30 Compensation
p.000001: No member of the Crown Health Financing Agency is entitled to compensation for loss of office resulting
p.000001: from the disestablishment of the Agency.
p.000001:
p.000001: 31 Restriction of compensation for technical redundancy
p.000001: (1) An employee is not entitled to receive any payment or other benefit on the ground that his or her position
p.000001: in the Crown Health Financing Agency has ceased to exist if—
p.000001: (a) the position ceases to exist as a result of a transfer of functions from the Agency to a department;
p.000001: and
p.000001: (b) in connection with that transfer of functions,—
p.000001: (i) the employee is offered equivalent employment in the department (whether or not the
p.000001: employee accepts the offer); or
p.000001: (ii) the employee is offered, and accepts, other employment in the department.
p.000001: (2) In this section, equivalent employment to the employee’s employment in the Crown Health Financing
p.000001: Agency is employment in the department—
p.000001: (a) in substantially the same position; and
p.000001: (b) in the same general locality; and
p.000001: (c) on terms and conditions of employment that are no less favourable than those that apply to the
p.000001: employee immediately before the offer of equivalent employment (including any service-related,
p.000001: redundancy, and superannuation conditions); and
p.000001: (d) on terms that treat the period of service with the Agency (and any other period of service recognised
p.000001: by the Agency as continuous service) as if it were continuous service with the department.
p.000001: (3) This section overrides Part 6A of the Employment Relations Act 2000.
p.000001:
...
Social / Racial Minority
Searching for indicator race:
(return to top)
p.000001: (a) to achieve for New Zealanders—
p.000001: (i) the improvement, promotion, and protection of their health:
p.000001: (ii) the promotion of the inclusion and participation in society and independence of people with
p.000001: disabilities:
p.000001: (iii) the best care or support for those in need of services:
p.000001: (b) to reduce health disparities by improving the health outcomes of Maori and other population groups:
p.000001: (c) to provide a community voice in matters relating to personal health services, public health services,
p.000001: and disability support services—
p.000001: (i) by providing for elected board members of DHBs:
p.000001: (ii) by providing for board meetings and certain committee meetings to be open to the public:
p.000001: (iii) by providing for consultation on strategic planning:
p.000001: (d) to facilitate access to, and the dissemination of information to deliver, appropriate, effective, and
p.000001: timely health services, public health services and programmes, both for the protection and the
p.000001: promotion of public health, and disability support services.
p.000001: (2) The objectives stated in subsection (1) are to be pursued to the extent that they are reasonably
p.000001: achievable within the funding provided.
p.000001: (3) To avoid any doubt, nothing in this Act—
p.000001: (a) entitles a person to preferential access to services on the basis of race; or
p.000001: (b) limits section 73 of the Human Rights Act 1993 (which relates to measures to ensure equality).
p.000001: (4) In giving effect to the purposes set out in subsection (1), the Crown and DHBs must endeavour to promote
p.000001: the integration of all health services, especially primary and secondary services.
p.000001: (5) In giving effect to the purposes set out in subsection (1), the Crown and DHBs must endeavour to provide
p.000001: for health services to be organised at either a local, regional, or national level depending on the optimum
p.000001: arrangement for the most effective delivery of properly co-ordinated health services.
p.000001:
p.000001: 4 Treaty of Waitangi
p.000001: In order to recognise and respect the principles of the Treaty of Waitangi, and with a view to improving
p.000001: health outcomes for Maori, Part 3 provides for mechanisms to enable Maori to contribute to decision-
p.000001: making on, and to participate in the delivery of, health and disability services.
p.000001: 5 Outline
p.000001: (1) In general terms, this Act relates to, and reorganises, the public health and disability sector.
p.000001: (2) Ministerial responsibilities (Part 2) include—
p.000001: (a) determining health and disability strategies ( section 8):
p.000001: (b) negotiating and entering into agreements under which the Crown provides a person money in return
p.000001: for the person providing or arranging for the provision of health services or disability support
p.000001: services (section 10):
p.000001: (c) establishing and appointing committees (section 11), including—
...
p.000001: (a) provided to people with disabilities for their care or support or to promote their inclusion and
p.000001: participation in society, and independence; or
p.000001: (b) provided for purposes related or incidental to the care or support of people with disabilities or to the
p.000001: promotion of the inclusion and participation in society, and independence of such people
p.000001: eligible people means people who are eligible to receive services funded under this Act, as specified by
p.000001: the Minister in a direction issued under section 103 of the Crown Entities Act 2004
p.000001: good employer has the same meaning as in section 118 of the Crown Entities Act 2004
p.000001: health practitioner—
p.000001: (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.000001: 2003; and
p.000001: (b) includes—
p.000001: (i) a former health practitioner within the meaning of that section; and
p.000001: (ii) a person who is receiving training or gaining experience under the supervision of a health
p.000001: practitioner
p.000001: health professional body has the same meaning as that given to the term authority by section 5(1) of
p.000001: the Health Practitioners Competence Assurance Act 2003
p.000001: health services means personal health services and public health services
p.000001: hospital advisory committee means a committee established under section 36
p.000001: HPA means the Health Promotion Agency established by section 57
p.000001: HQSC means the Health Quality and Safety Commission established by section 59A(1)
p.000001: inquiry board has the meaning specified in section 72(1)
p.000001: Maori, in sections 29(4), 34, 35, and 36, and clause 38(2) of Schedule 3, means a person of the Maori
p.000001: race of New Zealand, and includes any descendant of such a person
p.000001: Minister means the Minister of Health
p.000001: Ministry of Health means the department of the Public Service referred to by that name
p.000001: monitor, in relation to a Crown funding agreement and in relation to the functions specified in section
p.000001: 23(1)(i) and in section 25,—
p.000001: (a) means to analyse on the basis of information provided under any relevant agreement and any other
p.000001: relevant substantiated information; and
p.000001: (b) includes assessing the timeliness of provision of information required to be provided under any
p.000001: agreement
p.000001: New Zealand disability strategy means a strategy referred to in section 8(2)
p.000001: New Zealand health strategy means a strategy referred to in section 8(1)
p.000001: NZBS means the New Zealand Blood Service established by section 54
p.000001: partner, in the phrase “spouse or partner” and in related contexts, means a civil union partner or de facto
p.000001: partner
p.000001: personal health means the health of an individual
p.000001: personal health services means goods, services, and facilities provided to an individual for the purpose
p.000001: of improving or protecting the health of that individual, whether or not they are also provided for another
p.000001: purpose; and includes goods, services, and facilities provided for related or incidental purposes
p.000001: Pharmac means the Pharmaceutical Management Agency established by section 46
p.000001: pharmaceutical means a medicine, therapeutic medical device, or related product or related thing
p.000001: pharmaceutical schedule means the list of pharmaceuticals for the time being in force that states, in
...
Social / Religion
Searching for indicator faith:
(return to top)
p.000001: acceptable terms and conditions.
p.000001: (3) On appointing an inquiry board for an inquiry under section 72(1), the Minister must—
p.000001: (a) set the terms of reference for the inquiry (including the time by which the inquiry board must finally
p.000001: report); and
p.000001: (b) give the following procedural instructions that the inquiry board (and its support personnel) must,
p.000001: together with the procedural requirements stated in sections 78 and 79, apply and follow during the
p.000001: inquiry:
p.000001: (i) an instruction referred to in section 77(a); and
p.000001: (ii) an instruction referred to in section 77(g) if (and only if)—
p.000001: (A) the instruction referred to in section 77(a) given by the Minister is that the inquiry be
p.000001: conducted in an inquisitorial manner; and
p.000001: (B) the Minister thinks fit to give an instruction referred to in section 77(g); and
p.000001: (iii) any other instruction or instructions referred to in section 77 that the Minister thinks fit to give.
p.000001: (4) In any inquiry the Minister may, at any time after appointing the inquiry board,—
p.000001: (a) alter the inquiry board (including the sole or principal member) appointed:
p.000001: (b) alter the terms of reference set (including the time by which the inquiry board must finally report):
p.000001: (c) add, to the instructions already given to the inquiry board under subsection (3)(b), further
p.000001: instructions referred to in any paragraph (except paragraph (a) or paragraph (g)) of section 77.
p.000001:
p.000001: 76 Protection of inquiry board
p.000001: No member of an inquiry board (or of the support personnel for an inquiry board) has any civil liability for
p.000001: anything the member does or says or reports, or omits to do or say or report, in good faith in pursuance or
p.000001: intended pursuance of his or her duties as a member of the inquiry board (or of the support personnel for
p.000001: the inquiry board).
p.000001: Compare: 1908 No 25 s 3
p.000001:
p.000001: 77 Instructions as to procedure
p.000001: The instructions referred to in section 75(3)(b) are—
p.000001: (a) that the inquiry be conducted in an inquisitorial or in an adversarial manner:
p.000001: (b) that the inquiry be conducted efficiently and with as much expedition as is possible, while retaining
p.000001: procedural flexibility:
p.000001: (c) that the inquiry board avoid unnecessary formality:
p.000001: (d) that, to the extent reasonably possible, costs of the inquiry be kept within reasonable bounds:
p.000001: (e) that the inquiry board recognise tikanga Maori where appropriate:
p.000001: (f) that the inquiry board receive any evidence written or spoken in Maori (but the fact that this
p.000001: instruction has, or has not, been given to the inquiry board is not to affect the application (if any) of
p.000001: Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016 in proceedings before the inquiry
p.000001: board):
p.000001: (g) that the questioning of witnesses (other than by the inquiry board or its support personnel) be
p.000001: available only if—
p.000001: (i) a person’s interests may be adversely affected by evidence or a statement of a witness or, and
p.000001: in exceptional circumstances only, a refusal to allow questioning would otherwise contravene
p.000001: natural justice; and
p.000001: (ii) no other procedure would protect adequately the person’s interests or avoid the other
p.000001: contravention of natural justice:
...
p.000001: notice—
p.000001: (a) relates to services in respect of which the DHB has not previously issued a notice; or
p.000001: (b) sets terms and conditions in respect of particular services that depart from terms and conditions set
p.000001: out in an existing notice in respect of the same or substantially the same services; or
p.000001: (c) differentiates between persons or classes of person accepting payment under section 88.
p.000001: (4) The Minister’s approval may be given subject to any conditions the Minister specifies.
p.000001: (5) Any notice under section 88 that departs from an existing notice in the manner referred to in subsection
p.000001: (3)(b) or differentiates in the manner referred to in subsection (3)(c) must include a statement of the
p.000001: reasons for the departure or differentiation.
p.000001: (6) In this section, existing notice means a notice issued under section 88, or continued by section 112(3),
p.000001: that is for the time being in force.
p.000001: (7) The Minister must present to the House of Representatives a copy of any approval given under this
p.000001: section.
p.000001:
p.000001: 90 Exclusion of liability
p.000001: (1) A member of a board, or of a committee of a board, of a publicly-owned health and disability organisation
p.000001: is not liable for any liability, or act or omission, of the organisation.
p.000001: (2) A member of a board, or of a committee of a board, of a publicly-owned health and disability organisation
p.000001: is not liable to the organisation for any act or omission done or omitted in his or her capacity as a member,
p.000001: if he or she acted in good faith, and with reasonable care, in pursuance of the functions of the
p.000001: organisation.
p.000001: (2A) Section 59(3) of the Crown Entities Act 2004 (which provides that a statutory entity may bring an action
p.000001: against a member for breach of an individual duty) does not apply to a member of a publicly-owned health
p.000001: and disability organisation, unless it is shown by that publicly-owned health and disability organisation that
p.000001: the person did not act with good faith, or with reasonable care.
p.000001: (3) Every member of the board, or of any committee of the board, of a publicly-owned health and disability
p.000001: organisation is indemnified by the organisation—
p.000001: (a) for costs and damages for any civil liability arising from any action brought by a third party in respect
p.000001: of any act or omission done or omitted in his or her capacity as a member, if he or she acted in good
p.000001: faith, and with reasonable care, in pursuance of the functions of the organisation; and
p.000001: (b) for costs arising from any successfully defended criminal proceeding in relation to any such act or
p.000001: omission.
p.000001: (4) A member of a committee established or appointed under Part 2 is not liable for any act or omission done
p.000001: or omitted in his or her capacity as a member, if he or she acted in good faith, and with reasonable care,
p.000001: in pursuance of the functions of the committee.
p.000001: (5) Sections 120 to 126 of the Crown Entities Act 2004 do not apply to a publicly-owned health and disability
p.000001: organisation, members of the board or a committee of the board of a publicly-owned health and disability
p.000001: organisation, or office holders or employees of a publicly-owned health and disability organisation.
p.000001: Section 90(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 90(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 91 No compensation for loss of office
p.000001: Neither the Crown nor any publicly-owned health and disability organisation may make any payment to, or
p.000001: otherwise compensate, any person in respect of the person ceasing for any reason to hold any office
p.000001: established by or under this Act.
p.000001:
p.000001: 92 Regulations
p.000001: (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
p.000001: (a) imposing restrictions and requirements relating to reinsurance, service agreements, and notices
p.000001: under section 88:
p.000001: (b) specifying the circumstances in which a person may lend money to a DHB:
p.000001: (c) specifying any class of shares or interests that, and any conditions on which, DHBs may—
p.000001: (i) hold in a body corporate or in a partnership, joint venture, or other association of persons; or
p.000001: (ii) settle, or be or appoint a trustee of, a trust:
...
p.000001: DHB elections through effective co-operation between DHBs and territorial authorities:
p.000001: (d) to provide for mechanisms relating to the membership and constitution of the boards of DHBs.
p.000001:
p.000001: Electors and candidates
p.000001: 3 Residential qualification for electors
p.000001: A person who is lawfully registered as a parliamentary elector under the Electoral Act 1993 in respect of
p.000001: an address that is within the constituency of a DHB is qualified to be an elector of that constituency at an
p.000001: election of the DHB.
p.000001:
p.000001: 4 Qualification for candidates
p.000001: A person may be a candidate at an election of a DHB if the person—
p.000001: (a) is qualified to be a parliamentary elector; and
p.000001: (b) is not disqualified by clause 17.
p.000001:
p.000001: 5 Candidates not to stand for more than 1 district
p.000001: (1) A person may not at any elections of DHBs held in conjunction with a triennial general election be a
p.000001: candidate for more than 1 district or more than 1 constituency.
p.000001: (2) If a person is nominated in contravention of subclause (1), every nomination is void, if made with the
p.000001: person’s consent.
p.000001:
p.000001: 6 Candidate to declare conflicts of interest
p.000001: When a candidate gives the responsible electoral officer notice of the candidate’s consent to being
p.000001: nominated as a candidate, the candidate must also give the electoral officer a statement completed by the
p.000001: candidate in good faith that—
p.000001: (a) discloses any conflicts of interest that the candidate has with the DHB as at the date of the
p.000001: candidate’s notice of consent, or states that the candidate has no such conflicts of interest as at that
p.000001: date; and
p.000001: (b) discloses any such conflicts of interest that the candidate believes are likely to arise in future, or
p.000001: states that the candidate does not believe that any such conflicts of interest are likely to arise in
p.000001: future.
p.000001: Schedule 2 clause 6: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 7 Employees of DHBs may stand for elections
p.000001: A person is not prevented from being elected as a member of a DHB simply because the person is an
p.000001: employee of the DHB.
p.000001:
p.000001: Application of Local Electoral Act 2001
p.000001: Heading: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 8 Elections governed by Local Electoral Act 2001 and regulations made under that Act
p.000001: (1) The provisions of the Local Electoral Act 2001 and any regulations made under that Act apply, with all
p.000001: necessary modifications, to every election of a DHB.
p.000001: (2) Subclause (1) is subject to the provisions of this Act and to any regulations made under this Act.
p.000001: Schedule 2 clause 8 heading : amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 8(1): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 9 Timing of elections
p.000001: (1) The elections of DHBs must be held in conjunction with every triennial general election.
...
p.000001: (3) The Minister must present to the House of Representatives a copy of any such notice within 12 sitting
p.000001: days after the date on which the Minister issues the notice.
p.000001:
p.000001: Committees
p.000001: 38 Committees
p.000001: (1) A board of a DHB may—
p.000001: (a) after first obtaining the Minister’s approval establish 1 or more committees of the board for a
p.000001: particular purpose or purposes:
p.000001: (b) appoint, as members of a committee of the board, or as the chairperson or deputy chairperson of
p.000001: any such committee, either members of the board, or other persons, or both:
p.000001: (c) dismiss any member, or chairperson, or deputy chairperson, of a committee of the board:
p.000001: (d) dissolve any committee of the board.
p.000001: (2) In making appointments to a committee of a board, the board must endeavour, where appropriate, to
p.000001: ensure representation of Maori on the committee.
p.000001: (3) If a board of a DHB dismisses any member, or chairperson, or deputy chairperson, of a committee of the
p.000001: board, under subclause (1)(c), the board must, on or as soon as reasonably practicable after the
p.000001: dismissal, give that person a written statement of the board’s reasons for the dismissal.
p.000001: (4) A board may regulate the procedure of each committee of the board in any manner not inconsistent with
p.000001: this Act the board thinks fit.
p.000001: (5) If meetings of a committee of a board involve making decisions or resolutions on behalf of the board,
p.000001: clauses 16 to 24, 28, and 31 to 35 apply to those meetings as if the committee were the board.
p.000001: (6) Before a board of a DHB appoints a person who is not a member of the board to a committee of the
p.000001: board, the person must give the board a statement completed by the person in good faith that—
p.000001: (a) discloses any conflicts of interest that the person has with the DHB as at the date on which the
p.000001: statement is completed, or states that the person has no such conflicts of interest as at that date;
p.000001: and
p.000001: (b) discloses any such conflicts of interest that the person believes are likely to arise in future, or states
p.000001: that the person does not believe that any such conflicts are likely to arise in future.
p.000001: (7) Nothing in this clause applies in respect of the community and public health advisory committee, or
p.000001: disability support advisory committee, or hospital advisory committee, of the board of any DHB.
p.000001: (8) Clauses 38 and 39 of Schedule 4 apply to every committee established under this clause.
p.000001: Schedule 3 clause 38(1)(a): amended, on 9 November 2010, by section 24(2) of the New Zealand Public Health and Disability
p.000001: Amendment Act 2010 (2010 No 118).
p.000001:
p.000001: Delegations
p.000001: 39 Delegations
p.000001: (1) Every board must,—
p.000001: (a) as soon as practicable after the commencement of this clause, formulate a policy for the exercise of
p.000001: its powers of delegation under this clause:
p.000001: (b) keep the policy under review, and amend or replace the policy as it considers appropriate:
p.000001: (c) make the policy formulated, and any amendments to or replacements of the policy, publicly
p.000001: available.
p.000001: (2) A formulation, amendment, or replacement under subclause (1) does not come into force unless it has
p.000001: been approved by the Minister, and the Minister may give his or her approval subject to any conditions the
p.000001: Minister specifies.
p.000001: (3) When a policy referred to in subclause (1) is in force, every exercise by the board of a power of delegation
p.000001: under this clause must comply with that policy.
p.000001: (4) A board may, by written notice to a committee of the board, delegate to that committee any of the
p.000001: functions, duties, or powers, of the board, or of the DHB concerned.
p.000001: (5) A board may, by written notice to any member of the board or employee of the DHB concerned, or person
p.000001: or class of persons approved by the Minister for the purpose, delegate to that member, employee, person,
p.000001: or class of persons any of the functions, duties, or powers, of the board, or of the DHB concerned.
p.000001: (6) A delegation of a function, duty, or power under this clause—
p.000001: (a) is revocable at will:
p.000001: (b) does not prevent the board or DHB concerned from performing the function or duty, or exercising
p.000001: the power.
p.000001: (7) A delegation under subclause (5)—
p.000001: (a) may be to any named person or to any member of a specified class of persons; and
p.000001: (b) if made to a specified class of persons is, unless it provides otherwise, to each member of the class
p.000001: for the time being, even though the membership of the class has changed since the delegation was
p.000001: made.
p.000001: (8) A person who on any day is to perform a function, or duty, or exercise a power, delegated under
p.000001: subclause (5)—
p.000001: (a) must, before performing the function or duty or exercising the power, consider whether or not he or
p.000001: she has (or, as the case requires, will have) on that day any conflicts of interest with the DHB; and
p.000001: (b) if the person has (or will have) any such conflicts of interest, must give the board a statement
p.000001: completed by the person in good faith that discloses those conflicts of interest, together with any
p.000001: such conflicts of interest the person believes are likely to arise in future; and
p.000001: (c) if the person has (or will have) no such conflicts of interest, must be treated for the purposes of
p.000001: subclause (9) as if he or she had given the board a statement completed by the person in good faith
p.000001: that states that the person has (or will have) no such conflicts of interest on that day.
p.000001: (9) A delegate who has completed a statement under subclause (8) must inform the board of any relevant
p.000001: change in the delegate’s circumstances affecting a matter disclosed in that statement, as soon as
p.000001: practicable after the change occurs.
p.000001: (10) Sections 73 to 76 of the Crown Entities Act 2004 do not apply to a DHB.
p.000001: Schedule 3 clause 39(10) : added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 40 Effect of delegation
p.000001: (1) If a function, duty, or power of a board or of the DHB concerned is delegated under a delegation under
p.000001: clause 39, the delegate—
p.000001: (a) may, unless the delegation provides otherwise, perform the function or duty, or exercise the power,
p.000001: in the same manner, subject to the same restrictions, and with the same effect, as if the delegate
p.000001: were the board, or the DHB concerned; but
p.000001: (b) may not delegate the function, duty, or power, except in accordance with the provisions of the
p.000001: delegation or with the written consent of the board.
p.000001: (2) A delegate under clause 39(5) who is interested in a transaction of the DHB concerned may not perform a
p.000001: function or duty, or exercise a power, under the delegation, if the function, duty, or power relates to the
p.000001: transaction.
p.000001: (3) Subclause (2) does not apply if the board of the DHB gives its prior written consent to the delegate
p.000001: performing the function or duty, or exercising the power, even though the function, duty, or power relates
p.000001: to the transaction.
...
p.000001: (a) monitor the financial and operational performance of the hospitals (and related services) of the DHB;
p.000001: and
p.000001: (b) assess strategic issues relating to the provision of hospital services by or through the DHB; and
p.000001: (c) give the board advice and recommendations on that monitoring and that assessment.
p.000001:
p.000001: Other functions
p.000001: 5 Committees may be given other functions by Order in Council
p.000001: (1) In addition to the functions specified in clauses 2 to 4, a committee has such functions as are specified as
p.000001: functions of the committee, or of committees of the class to which the committee belongs, by the
p.000001: Governor-General by Order in Council on the recommendation of the Minister.
p.000001: (2) Before making a recommendation for the purposes of subclause (1), the Minister must consult with such
p.000001: persons as the Minister considers appropriate.
p.000001:
p.000001: Members
p.000001:
p.000001: 6 Members
p.000001: (1) Members of the committee—
p.000001: (a) must each be appointed by the board by notice in writing to the member for a term, not exceeding 3
p.000001: years, stated in the notice together with the date on which the member comes into office:
p.000001: (b) are eligible for reappointment.
p.000001: (2) A person who is a member of a board of a publicly-owned health and disability organisation may not be
p.000001: appointed as a member of a committee that regularly advises, or is likely regularly to advise, on matters
p.000001: relating to transactions of a kind in which the person is interested.
p.000001: (3) Before the board of a DHB appoints a person who is not a member of that board to a committee, the
p.000001: person must give the board a statement completed by the person in good faith that—
p.000001: (a) discloses any conflicts of interest that the person has with the DHB as at the date on which the
p.000001: statement is completed, or states that the person has no such conflicts of interest as at that date;
p.000001: and
p.000001: (b) discloses any such conflicts of interest that the person believes are likely to arise in future, or states
p.000001: that the person does not believe that any such conflicts are likely to arise in future.
p.000001:
p.000001: 7 Terms or conditions of office, and remuneration
p.000001: Members of the committee—
p.000001: (a) have the terms or conditions of office, consistent with this Act, that the board determines; and
p.000001: (b) are remunerated in accordance with section 47 of the Crown Entities Act 2004 and are entitled to be
p.000001: reimbursed for expenses in accordance with section 48 of that Act as if the members of the
p.000001: committee were members of the DHB.
p.000001: Schedule 4 clause 7(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 8 Resignation
p.000001: A member of the committee may resign from that office by notice in writing to the committee and board
p.000001: stating the date on which the resignation takes effect.
p.000001:
p.000001: 9 Vacation of office
p.000001: (1) A member of the committee ceases to hold that office if—
p.000001: (a) the period of his or her appointment expires; or
p.000001: (b) he or she dies; or
p.000001: (c) the DHB to which the board relates is disestablished by an Order in Council made under section
p.000001: 19(2).
p.000001: (2) For the purposes of subclause (1)(c), a DHB is not disestablished just because it—
p.000001: (a) is renamed; or
p.000001: (b) is involved in a reorganisation of districts (as described in clause 18 of Schedule 2); or
...
Searching for indicator conviction:
(return to top)
p.000001:
p.000001: 59D Membership of board
p.000001: The board of HQSC consists of at least 7 members appointed under section 28 of the Crown Entities Act
p.000001: 2004.
p.000001: Section 59D: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 59E HQSC may appoint mortality review committees
p.000001: (1) HQSC may appoint 1 or more committees to carry out any of the following functions that HQSC specifies
p.000001: by notice to the committee:
p.000001: (a) to review and report to HQSC on specified classes of deaths of persons, or deaths of persons of
p.000001: specified classes, with a view to reducing the numbers of deaths of those classes or persons, and to
p.000001: continuous quality improvement through the promotion of ongoing quality assurance programmes:
p.000001: (b) to advise on any other matters related to mortality that HQSC specifies in the notice.
p.000001: (2) A committee appointed under subsection (1) (a mortality review committee) must develop strategic
p.000001: plans and methodologies that—
p.000001: (a) are designed to reduce morbidity and mortality; and
p.000001: (b) are relevant to the committee’s functions.
p.000001: (3) HQSC—
p.000001: (a) must, at least annually, provide the Minister with a report on the progress of mortality review
p.000001: committees; and
p.000001: (b) must include each such report in HQSC’s next annual report.
p.000001: (4) The provisions of Schedule 5 apply in relation to a mortality review committee.
p.000001: (5) Every person who fails, without reasonable excuse, to comply with a requirement imposed under
p.000001: Schedule 5 by the chairperson of a mortality review committee commits an offence and is liable on
p.000001: conviction to a fine not exceeding $10,000.
p.000001: (6) Every person who discloses information contrary to Schedule 5 commits an offence and is liable on
p.000001: conviction to a fine not exceeding $10,000.
p.000001: (7) Any member of a registered occupational profession who commits an offence under subsection (5) or (6)
p.000001: is liable to any disciplinary proceedings of that profession in respect of the offence, whether or not he or
p.000001: she is fined under that subsection.
p.000001: Section 59E: inserted, on 9 November 2010, by section 17 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001: Section 59E(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001: Section 59E(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001:
p.000001: Other provisions
p.000001:
p.000001: 60 Interpretation
p.000001: In sections 61 to 69, organisation means each of the following organisations:
p.000001: (a) Pharmac:
p.000001: (b) NZBS:
p.000001: (c) HPA:
p.000001: (d) HQSC.
p.000001: Section 60(c): replaced, on 1 July 2012, by section 7 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 60(d): added, on 9 November 2010, by section 18 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 61 Role of board
p.000001: The board of an organisation has the role set out in section 25 of the Crown Entities Act 2004.
p.000001: Section 61: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 62 Duties of board members
p.000001: [Repealed]
...
p.000001:
p.000001: 85 Protection of witnesses
p.000001: Every witness giving evidence, and every counsel or agent or other person appearing, before an inquiry
p.000001: board, has the same privileges and immunities as witnesses and counsel in courts of law.
p.000001: Compare: 1908 No 25 s 6
p.000001:
p.000001: 86 Offences
p.000001: (1) Every person commits an offence who, after being summoned to attend to give evidence before an
p.000001: inquiry board or to produce to it any books, papers, documents, records, or things, without sufficient
p.000001: cause,—
p.000001: (a) fails to attend in accordance with the summons; or
p.000001: (b) refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that
p.000001: the person is lawfully required by the inquiry board or any member of it to answer concerning the
p.000001: subject of the inquiry; or
p.000001: (c) fails to produce any such book, paper, document, record, or thing.
p.000001: (2) Every person commits an offence who without lawful excuse contravenes any order made by an inquiry
p.000001: board under section 79(3)(b) or (c).
p.000001: (3) Every person commits an offence who—
p.000001: (a) wilfully obstructs or hinders an inquiry board or any member of it or any authorised person in any
p.000001: inspection or examination of books, papers, documents, records, or things, under section 82(1)(a);
p.000001: or
p.000001: (b) without sufficient cause, fails to comply with any requirement of an inquiry board or any authorised
p.000001: person made under section 82(1)(b) or (c).
p.000001: (4) Every person commits an offence who wilfully interrupts or obstructs any hearing conducted by an inquiry
p.000001: board.
p.000001: (5) Every person who commits an offence against this section is liable on conviction to a fine not exceeding
p.000001: $10,000.
p.000001: Compare: 1908 No 25 s 9(1)–(3)
p.000001: Section 86(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001:
p.000001:
p.000001:
p.000001: Part 6
p.000001: Miscellaneous provisions
p.000001: 87 Saving of certain transactions
p.000001: The validity or enforceability of any deed, agreement, right, or obligation entered into, or incurred by, the
p.000001: Crown or a publicly-owned health and disability organisation is not affected by a failure by the Crown or
p.000001: the organisation to comply with—
p.000001: (a) any provision in sections 3, 4, or 8, or Parts 3 and 4; or
p.000001: (b) any regulations made under section 92(1)(e); or
p.000001: (c) any provision of Schedules 3 to 6; or
p.000001: (d) any provision in any statement of intent or plan prepared under section 38; or
p.000001: (e) any direction or requirement given under this Act or any other Act.
p.000001: Section 87(d): amended, on 24 February 2011, by section 22 of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 88 Arrangements relating to payments
p.000001: (1) Where the Crown or a DHB gives notice of the terms and conditions on which the Crown or the DHB will
p.000001: make a payment to any person or persons, and, after notice is given, such a payment is accepted by any
p.000001: such person from the Crown or DHB, then—
p.000001: (a) acceptance by the person of the payment constitutes acceptance by the person of the terms and
p.000001: conditions; and
p.000001: (b) compliance by the person with the terms and conditions may be enforced by the Crown or DHB (as
...
Social / Trade Union Membership
Searching for indicator union:
(return to top)
p.000001: practitioner
p.000001: health professional body has the same meaning as that given to the term authority by section 5(1) of
p.000001: the Health Practitioners Competence Assurance Act 2003
p.000001: health services means personal health services and public health services
p.000001: hospital advisory committee means a committee established under section 36
p.000001: HPA means the Health Promotion Agency established by section 57
p.000001: HQSC means the Health Quality and Safety Commission established by section 59A(1)
p.000001: inquiry board has the meaning specified in section 72(1)
p.000001: Maori, in sections 29(4), 34, 35, and 36, and clause 38(2) of Schedule 3, means a person of the Maori
p.000001: race of New Zealand, and includes any descendant of such a person
p.000001: Minister means the Minister of Health
p.000001: Ministry of Health means the department of the Public Service referred to by that name
p.000001: monitor, in relation to a Crown funding agreement and in relation to the functions specified in section
p.000001: 23(1)(i) and in section 25,—
p.000001: (a) means to analyse on the basis of information provided under any relevant agreement and any other
p.000001: relevant substantiated information; and
p.000001: (b) includes assessing the timeliness of provision of information required to be provided under any
p.000001: agreement
p.000001: New Zealand disability strategy means a strategy referred to in section 8(2)
p.000001: New Zealand health strategy means a strategy referred to in section 8(1)
p.000001: NZBS means the New Zealand Blood Service established by section 54
p.000001: partner, in the phrase “spouse or partner” and in related contexts, means a civil union partner or de facto
p.000001: partner
p.000001: personal health means the health of an individual
p.000001: personal health services means goods, services, and facilities provided to an individual for the purpose
p.000001: of improving or protecting the health of that individual, whether or not they are also provided for another
p.000001: purpose; and includes goods, services, and facilities provided for related or incidental purposes
p.000001: Pharmac means the Pharmaceutical Management Agency established by section 46
p.000001: pharmaceutical means a medicine, therapeutic medical device, or related product or related thing
p.000001: pharmaceutical schedule means the list of pharmaceuticals for the time being in force that states, in
p.000001: respect of each pharmaceutical, the subsidy that the Crown intends to provide for the supply of that
p.000001: pharmaceutical to a person who is eligible for the subsidy
p.000001: provider means a person who provides, or arranges the provision of, services
p.000001: public health means the health of all of—
p.000001: (a) the people of New Zealand; or
p.000001: (b) a community or section of such people
p.000001: public health services means goods, services, and facilities provided for the purpose of improving,
p.000001: promoting, or protecting public health or preventing population-wide disease, disability, or injury; and
p.000001: includes—
p.000001: (a) regulatory functions relating to health or disability matters; and
p.000001: (b) health protection and health promotion services; and
p.000001: (c) goods, services, and facilities provided for related or incidental functions or purposes
p.000001: publicly available, in relation to a document, means that the document is promptly provided on request
...
p.000001: policy.
p.000001: Section 70A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70B Interpretation
p.000001: (1) In this Part, unless the context otherwise requires,—
p.000001: family care policy, in relation to the Crown or a DHB,—
p.000001: (a) means any statement in writing made by, or on behalf of, the Crown or by, or on behalf of, the DHB
p.000001: that permits, or has the effect of permitting, persons to be paid, in certain cases, for providing
p.000001: support services to their family members; and
p.000001: (b) includes any practice, whether or not reduced to writing, that has the same effect as a statement of
p.000001: the kind described in paragraph (a), being a practice that was followed by the Crown or by a DHB
p.000001: before the commencement of this Part
p.000001: family member has the meaning given by subsection (2)
p.000001: support services means disability support services (as defined in section 6(1)) or health services (as so
p.000001: defined), or both, being services of a kind that are generally funded, directly or indirectly, through Vote
p.000001: Health.
p.000001: (2) Support services provided by a person (person A) to another person ( person B) are provided to a family
p.000001: member in any case where person B is person A’s—
p.000001: (a) spouse, civil union partner, or de facto partner; or
p.000001: (b) parent, step-parent, or grandparent; or
p.000001: (c) child, stepchild, or grandchild; or
p.000001: (d) sister, half-sister, stepsister, brother, half-brother, or stepbrother; or
p.000001: (e) aunt or uncle; or
p.000001: (f) nephew or niece; or
p.000001: (g) first cousin.
p.000001: Section 70B: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70C Persons generally not to be paid for providing support services to family members
p.000001: On and after the commencement of this Part, neither the Crown nor a DHB may pay a person for any
p.000001: support services that are, whether before, on, or after that commencement, provided to a family member
p.000001: of the person unless the payment is—
p.000001: (a) permitted by an applicable family care policy; or
p.000001: (b) expressly authorised by or under an enactment.
p.000001: Section 70C: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70D Family care policy
p.000001: (1) The Crown and any DHB are, and have always have been, authorised —
p.000001: (a) to adopt or have a family care policy:
...
p.000001: districts of 1 or more other DHBs, the Minister may, at the time that the Order takes effect, assign any
p.000001: member of the board of the dissolved or divided DHB to any board (an augmented board) of those other
p.000001: DHBs.
p.000001: (4) Throughout the relevant period specified in subclause (7), a united board consists of all the currently
p.000001: elected and appointed members of each board of the abolished DHBs (even if the total number of those
p.000001: members exceeds 11).
p.000001: (5) Throughout the relevant period specified in subclause (7), the members of an augmented board include
p.000001: the member or members assigned to it under subclause (3) (even if the total number of those members
p.000001: exceeds 11).
p.000001: (6) The provisions of Schedule 3 continue to apply, with any necessary modifications, to every united board
p.000001: and to every augmented board.
p.000001: (7) The relevant period referred to in subclause (4) and subclause (5) commences on the date that the Order
p.000001: in Council takes effect and ends with the close of the 58th day after polling day for the next elections of
p.000001: DHBs.
p.000001:
p.000001: 19 Other alterations of districts
p.000001: The membership of a board is not affected by—
p.000001: (a) an alteration of the district or the constituency of the DHB made by an Order in Council under
p.000001: section 19 (other than a reorganisation of districts described in clause 18); or
p.000001: (b) the abolition or alteration of any local government area or ward specified in column 2 of Schedule 1.
p.000001:
p.000001: 20 Inquiries by Local Government Commission
p.000001: If at any time the Minister is of the opinion that for the purposes of this Act an inquiry should be made into
p.000001: any question relating to the union, reconstitution, or alteration of the boundaries of any district or
p.000001: constituency of a DHB, the Minister may request the Minister of Local Government to refer the question to
p.000001: the Local Government Commission for inquiry and report.
p.000001: Compare: 1983 No 134 s 8E
p.000001:
p.000001:
p.000001:
p.000001: Schedule 3
p.000001: Provisions applying to DHBs and their boards
p.000001: s 45(1)
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Members
p.000001: 2 Appointed members
p.000001: 3 Elected members
p.000001: 4 Terms or conditions of office, and remuneration [Repealed]
p.000001: 5 Training relating to members’ obligations and duties
p.000001: 6 Resignation [Repealed]
p.000001: 7 Vacation of office
p.000001: 8 Removal from office
p.000001: 9 Reasons for removal of elected members
p.000001: Chairperson and deputy chairperson
p.000001: 10 Chairperson and deputy chairperson
p.000001: 11 Resignation
p.000001: 12 Vacation of office
p.000001: 13 Removal from office
p.000001: Teleconferences
p.000001: 14 Teleconferences
p.000001: 15 Further provisions relating to teleconferences [Repealed]
p.000001: Notice of meetings
p.000001: 16 Meetings of boards to be publicly notified
p.000001: 17 Meetings not publicly notified in accordance with clause 16
p.000001: 18 Members to be notified of meetings
p.000001: Information relating to meetings
p.000001: 19 Availability of agendas and reports
p.000001: 20 Availability of agendas and reports in special circumstances
p.000001: 21 Public may inspect or request copies of minutes of meeting
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
p.000001: counted; and
p.000001: (c) vacancies in the elected membership of the board after an election of members of a board, or
p.000001: members the Minister appoints under section 29(2) to fill those vacancies, must not be counted; and
p.000001: (d) it does not matter that 1 or more vacancies have occurred in the elected membership of the board
p.000001: and the Minister has not yet filled them by appointing 1 or more replacement members under section
p.000001: 29(3).
p.000001:
p.000001: 27 Presiding member
p.000001: (1) At each meeting of a board the chairperson of the board presides, if he or she is present and willing to do
p.000001: so.
p.000001: (2) If the chairperson of a board is not present or willing to preside at a meeting of the board, the deputy
p.000001: chairperson of the board presides, if he or she is present and willing to do so.
p.000001: (3) If neither the chairperson nor the deputy chairperson of a board is present and willing to preside at a
p.000001: meeting of the board, the members present at the meeting must elect a member who is present to preside
p.000001: at the meeting.
p.000001:
p.000001: 28 Dealing with items not on agenda for meeting
p.000001: (1) If an item is not on the agenda for a meeting of a board, that item may be dealt with at the meeting if the
p.000001: board by resolution so decides, and the presiding member explains at the meeting, at a time when it is
p.000001: open to the public,—
p.000001: (a) the reason why the item is not on the agenda; and
p.000001: (b) the reason why the discussion of the item cannot be delayed until a later meeting.
p.000001: (2) Despite subclause (1), if an item is not on the agenda for a meeting of a board,—
p.000001: (a) the item may be discussed at the meeting if—
p.000001: (i) the item is a minor matter relating to the general business of the board; and
p.000001: (ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the
p.000001: public, that the item will be discussed at the meeting; but
p.000001: (b) no resolution, decision, or recommendation may be made in respect of the item except to refer the
p.000001: item to a later meeting of the board for further discussion.
p.000001: Compare: 1987 No 174 s 46A(7), (7A)
p.000001:
p.000001: 29 Voting
p.000001: (1) All questions arising at any meeting of a board must be decided by a majority of the votes cast by the
p.000001: members present.
p.000001: (2) If a vote is tied, the member presiding at the meeting has no second or casting vote, and the question is
p.000001: negatived.
p.000001:
p.000001: 30 Supplementary procedure
p.000001: A board may regulate its procedure, at its meetings and otherwise, in any manner not inconsistent with
p.000001: this Act it thinks fit.
p.000001:
p.000001: Admission of public
p.000001:
p.000001: 31 Admission of public
p.000001: Except as provided in clauses 32 to 35, every meeting of a board must be open to the public.
p.000001: Compare: 1987 No 174 s 47
p.000001:
p.000001: 32 Right of board to exclude public
p.000001: A board may by resolution exclude the public from the whole or any part of any meeting of the board only
p.000001: on 1 or more of the following grounds:
p.000001: (a) that the public conduct of the whole or the relevant part of the meeting would be likely to result in the
p.000001: disclosure of information for which good reason for withholding would exist under any of sections 6,
p.000001: 7, or 9 (except section 9(2)(g)(i)) of the Official Information Act 1982:
p.000001: (b) that the public conduct of the whole or the relevant part of the meeting would be likely to result in the
...
p.000001:
p.000001: 28 Further provisions relating to quorum
p.000001: (1) For the purposes of clause 27(3), it is enough if the board made all reasonable efforts to give all members
p.000001: of the committee the notice before the meeting or meetings.
p.000001: (2) For the purposes of clause 27(2) and (3), a member who has declared an interest under clause 38 in
p.000001: relation to a transaction must not, for the purposes of that transaction, be counted, unless the board has
p.000001: waived or modified the application of clause 38(2).
p.000001:
p.000001: 29 Presiding member
p.000001: (1) At each meeting of a committee the chairperson of the committee presides, if he or she is present and
p.000001: willing to do so.
p.000001: (2) If the chairperson of a committee is not present or willing to preside at a meeting of the committee and
p.000001: there is a deputy chairperson of the committee, the deputy chairperson presides, if he or she is present
p.000001: and willing to do so.
p.000001: (3) If neither subclause (1) nor subclause (2) applies, the members present at the meeting must elect a
p.000001: member who is present to preside at the meeting.
p.000001:
p.000001: 30 Dealing with items not on agenda for meeting
p.000001: (1) If an item is not on the agenda for a meeting of a committee, that item may be dealt with at the meeting if
p.000001: the committee by resolution so decides, and the presiding member explains at the meeting, at a time
p.000001: when it is open to the public,—
p.000001: (a) the reason why the item is not on the agenda; and
p.000001: (b) the reason why the discussion of the item cannot be delayed until a later meeting.
p.000001: (2) Despite subclause (1), if an item is not on the agenda for a meeting of a committee,—
p.000001: (a) the item may be discussed at the meeting if—
p.000001: (i) the item is a minor matter relating to the general business of the committee; and
p.000001: (ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the
p.000001: public, that the item will be discussed at the meeting; but
p.000001: (b) no resolution, decision, or recommendation may be made in respect of the item except to refer the
p.000001: item to a later meeting of the committee for further discussion.
p.000001: Compare: 1987 No 174 s 46A(7), (7A)
p.000001:
p.000001: 31 Voting
p.000001: (1) All questions arising at any meeting of a committee must be decided by a majority of the votes cast by the
p.000001: members present.
p.000001: (2) If a vote is tied, the member presiding at the meeting has no second or casting vote, and the question is
p.000001: negatived.
p.000001:
p.000001: 32 Supplementary procedure
p.000001: A committee may regulate its procedure, at its meetings and otherwise, in any manner not inconsistent
p.000001: with this Act it thinks fit.
p.000001:
p.000001: Admission of public
p.000001:
p.000001: 33 Admission of public
p.000001: Except as provided in clauses 34 to 37, every meeting of a committee must be open to the public.
p.000001: Compare: 1987 No 174 s 47
p.000001:
p.000001: 34 Right of committee to exclude public
p.000001: A committee may by resolution exclude the public from the whole or any part of any meeting of the
p.000001: committee only on 1 or more of the following grounds:
p.000001: (a) that the public conduct of the whole or the relevant part of the meeting would be likely to result in the
p.000001: disclosure of information for which good reason for withholding would exist under any of sections 6,
p.000001: 7, or 9 (except section 9(2)(g)(i)) of the Official Information Act 1982:
p.000001: (b) that the public conduct of the whole or the relevant part of the meeting would be likely to result in the
...
Social / education
Searching for indicator education:
(return to top)
p.000001:
p.000001: Hospital Districts Order 1988 (SR 1988/311)
p.000001:
p.000001: Hospitals Amendment Act (No 2) Commencement Order 1972 (SR 1972/38)
p.000001: Hospitals (Tuarangi Home) Order 1969 (SR 1969/37)
p.000001:
p.000001: Revocation of Health and Disability Service (Employment Contracts) Order 2000
p.000001: (SR 2000/165)
p.000001: Revocation of Regional Health Authorities Establishment Order 1997 (SR 1997/99)
p.000001:
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: s 111(1)
p.000001:
p.000001: Accident Insurance Act 1998 (1998 No 114)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Charitable Trusts Act 1957 (1957 No 18)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Civil Defence Act 1983 (1983 No 46)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Contraception, Sterilisation, and Abortion Act 1977 (1977 No 112)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Dental Act 1988 (1988 No 150)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Disabled Persons Community Welfare Act 1975 (1975 No 122)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Education Act 1989 (1989 No 80)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Electoral Act 1993 (1993 No 87)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Employment Relations Act 2000 (2000 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Finance Act 1994 (1994 No 73)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Hazardous Substances and New Organisms Act 1996 (1996 No 30)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Act 1956 (1956 No 65)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Amendment Act 1998 (1998 No 86)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health and Disability Commissioner Act 1994 (1994 No 88)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Research Council Act 1990 (1990 No 68)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Health Sector (Transfers) Act 1993 (1993 No 23)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Hospitals Act 1957 (1957 No 40)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Income Tax Act 1994 (1994 No 164)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Land Transport Act 1998 (1998 No 110)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Local Government Act 1974 (1974 No 66)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Medical Practitioners Act 1995 (1995 No 95)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Medicines Act 1981 (1981 No 118)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Mental Health Commission Act 1998 (1998 No 5)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Misuse of Drugs Act 1975 (1975 No 116)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Ngāi Tahu Claims Settlement Act 1998 (1998 No 97)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Official Information Act 1982 (1982 No 156)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Ombudsmen Act 1975 (1975 No 9)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Public Finance Act 1989 (1989 No 44)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Public Works Act 1981 (1981 No 35)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Rating Powers Act 1988 (1988 No 97)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Reserves Act 1977 (1977 No 66)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Social Security Act 1964 (1964 No 136)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Social Security Amendment Act (No 3) 1993 (1993 No 57)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Tuberculosis Act 1948 (1948 No 36)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001:
p.000001: Schedule 10
p.000001: Consequential amendments to other instruments
p.000001: s 111(2)
p.000001:
p.000001: Accident Insurance (Insurer’s Liability to Pay Cost of Treatment) Regulations 1999
p.000001: (SR 1999/104)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Cremation Regulations 1973 (SR 1973/154)
p.000001: Amendment(s) incorporated in the regulations.
p.000001: Education (Early Childhood Centres) Regulations 1998 (SR 1998/85)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Education (Home-Based Care) Order 1992 (SR 1992/238)
p.000001: Amendment(s) incorporated in the order(s).
p.000001:
p.000001: Health (Burial) Regulations 1946 (SR 1946/132)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health Entitlement Cards Regulations 1993 (SR 1993/169)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Infectious and Notifiable Diseases) Regulations 1966 (SR 1966/87)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Infirm and Neglected Persons) Regulations 1958 (SR 1958/54)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Needles and Syringes) Regulations 1998 (SR 1998/254)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Health (Retention of Health Information) Regulations 1996 (SR 1996/343)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Medicines Regulations 1984 (SR 1984/143)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Social Security (Disability Services) Regulations 1993 (SR 1993/250)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Social Security (Disability Services—Financial Assessment) Regulations 1994
p.000001: (SR 1994/32)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Venereal Diseases Regulations 1982 (SR 1982/215)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: War Pensions Regulations 1956 (SR 1956/7)
p.000001: Amendment(s) incorporated in the regulations.
p.000001:
p.000001: Water Supplies Protection Regulations 1961 (SR 1961/86)
...
Social / employees
Searching for indicator employees:
(return to top)
p.000001: 80 Supplementary procedure
p.000001: 81 Evidence
p.000001: 82 Powers to investigate
p.000001: 83 Power to summon witnesses
p.000001: 84 Service of summons
p.000001: 85 Protection of witnesses
p.000001: 86 Offences
p.000001: Part 6
p.000001: Miscellaneous provisions
p.000001: 87 Saving of certain transactions
p.000001: 88 Arrangements relating to payments
p.000001: 89 Principles of national consistency applicable to notices under section 88
p.000001: 90 Exclusion of liability
p.000001: 91 No compensation for loss of office
p.000001: 92 Regulations
p.000001: Part 7
p.000001: Transitional and consequential provisions
p.000001: 93 Interpretation
p.000001: Assets and liabilities of dissolved entities to vest in publicly-owned health and disability
p.000001: organisations
p.000001: 94 Health Funding Authority dissolved and assets and liabilities vested in the Crown
p.000001: 95 Hospital and health services dissolved and assets and liabilities vested in DHBs
p.000001: 96 Assets and liabilities of New Zealand Blood Service Limited vested in NZBS
p.000001: 97 Former directors of New Zealand Blood Service Limited to be transitional members of
p.000001: NZBS
p.000001: 98 Pharmaceutical Management Agency Limited dissolved and assets and liabilities
p.000001: vested in Pharmac
p.000001: 99 Former directors of Pharmaceutical Management Agency Limited to be transitional
p.000001: members of board of Pharmac
p.000001: 100 Health Sector (Transfers) Act 1993 to apply to vestings under this Act
p.000001: 101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of
p.000001: dissolved entities and certain employees of Ministry of Health
p.000001: 102 References to dissolved entities to be references to their successors
p.000001: 103 Persons in whom assets and liabilities vested deemed dissolved entities for certain
p.000001: purposes
p.000001: Transitional provisions relating to annual reports and financial statements of dissolved
p.000001: entities
p.000001: 104 Meaning of final report
p.000001: 105 Final reports of dissolved entities
p.000001: All positions on boards of DHBs filled by appointment until first elections
p.000001: 106 Transitional board members
p.000001: Amendments to other Acts
p.000001: 107 Amendments to Commerce Act 1986
p.000001: 108 Amendments to State Sector Act 1988
p.000001: 109 Amendment to Mental Health Commission Act 1998
p.000001: Consequential repeals, revocations, and amendments
p.000001: 110 Consequential repeals and revocations
p.000001: 111 Consequential amendments
p.000001: 112 Saving
p.000001: Appropriations for purposes of Act
p.000001: 113 Interim authority of Crown to incur liabilities
p.000001: Transitional provisions relating to New Zealand health strategy and New Zealand
p.000001: disability strategy
p.000001: 114 Consultation for first New Zealand health strategy and first New Zealand disability
p.000001: strategy
p.000001: Schedule 1
p.000001: DHBs and their geographical areas
p.000001: Schedule 2
p.000001: Membership of boards: Election and appointment of members, and effect of
p.000001: boundary changes on membership
p.000001: Schedule 3
p.000001: Provisions applying to DHBs and their boards
p.000001: Schedule 4
p.000001: Provisions applying to community and public health advisory committees,
...
p.000001: to 36 and Schedule 4)), but may also establish other committees (Schedule 3— clause 38(1)).
p.000001: (5) A statutory entity called the Pharmaceutical Management Agency ( Pharmac) is established (Part 4
p.000001: —sections 46 to 53, and sections 61 to 69, and Schedule 6), and takes over functions relating to the
p.000001: pharmaceutical schedule from the company called Pharmaceutical Management Agency Limited, which is
p.000001: dissolved (Part 7).
p.000001: (6) A statutory entity called the New Zealand Blood Service ( NZBS) is established (Part 4—sections 54 to 56,
p.000001: and sections 61 to 69, and Schedule 6), and takes over functions relating to blood and controlled human
p.000001: substances from the company called New Zealand Blood Service Limited, which is dissolved (Part 7).
p.000001: (7) A Crown entity called the Health Promotion Agency ( HPA) is established (Part 4—sections 57 to 59).
p.000001: (7A) A statutory entity called the Health Quality and Safety Commission ( HQSC) is established (Part 4
p.000001: —sections 59A to 59E, 60, 61, 66, 67, and 69 and Schedule 6), and has functions that relate to the
p.000001: improvement of the quality and safety of health and disability support services.
p.000001: (8) Inquiry boards may be appointed by the Minister of Health to conduct an inquiry into, and report to the
p.000001: Minister on, matters like the funding or provision of health services or disability support services, or the
p.000001: management of any publicly-owned health and disability organisation (Part 5—sections 72 to 86).
p.000001: (9) The Health Funding Authority (HFA) is dissolved, and its functions, employees, and assets and liabilities
p.000001: transferred to the Crown, acting through the Ministry of Health (Part 7). However, funding of the provision
p.000001: of health services or disability support services may be further devolved under this Act.
p.000001: (10) Subsections (1) to (9) are only a guide to the general scheme and effect of this Act.
p.000001: Section 5(3)(d): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(3)(e): amended, on 24 February 2011, by section 4(1) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2011 No 118).
p.000001: Section 5(3)(e): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(6): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(7): replaced, on 1 July 2012, by section 4 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 5(7A): inserted, on 9 November 2010, by section 4(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 6 Interpretation
p.000001: (1) In this Act, unless the context otherwise requires,—
p.000001: board, in relation to a publicly-owned health and disability organisation, means the members of the board
p.000001: of the organisation
p.000001: board committee, in relation to the board of a DHB, means the community and public health advisory
...
p.000001: any advantages or disadvantages that may flow from the implementation of the proposal; and
p.000001: (b) giving the public in the area affected and in other parts of New Zealand that may be affected an
p.000001: opportunity to make submissions on the proposal.
p.000001: (3) Before the proposal is finalised, the person who issued the discussion document must—
p.000001: (a) fully consider any submissions received in response to the document; and
p.000001: (b) publish in any affected area an analysis of the submissions and the person’s conclusions and
p.000001: recommendations on the proposal.
p.000001: (4) A person (other than the Minister) who prepares a discussion document or publishes a report of the kind
p.000001: referred to in subsection (3) must deliver a copy of the discussion document or the report to the Minister,
p.000001: as soon as practicable after the preparation of the document or report.
p.000001: (5) As soon as practicable after issuing or receiving a copy of a discussion document or report under this
p.000001: section, the Minister must present to the House of Representatives a copy of the document or report.
p.000001: (6) No Order in Council that alters the geographical area of a DHB may be made under section 19 unless the
p.000001: requirements of this section have been followed.
p.000001:
p.000001: 21 Application of Crown Entities Act 2004 to DHBs
p.000001: (1) Each DHB is a Crown entity owned by the Crown for the purposes of section 7 of the Crown Entities Act
p.000001: 2004.
p.000001: (2) The Crown Entities Act 2004 applies to each DHB except to the extent that this Act expressly provides
p.000001: otherwise.
p.000001: (3) As provided elsewhere in this Act, the following sections of the Crown Entities Act 2004 do not apply to
p.000001: DHBs, or their boards, board members, committee members or employees:
p.000001: (a) section 38 (removal of elected members):
p.000001: (b) section 60(1) (applications by board members to restrain action):
p.000001: (c) sections 62 to 72 (conflicts of interest):
p.000001: (d) sections 73 to 76 (delegations):
p.000001: (e) section 78 (provisions in Schedule 5):
p.000001: (f) section 96 (acquisition of subsidiaries):
p.000001: (g) section 100 (acquisition of shares or other interests):
p.000001: (h) sections 116 and 117(2) to (3) (employment of employees and chief executives):
p.000001: (i) sections 120 to 126 (immunities, indemnities, and insurance):
p.000001: (j) section 161 (in relation to shares and interests covered by section 28):
p.000001: (k) [Repealed]
p.000001: (l) Schedule 5 (board procedure for statutory entities).
p.000001: Section 21: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 21(3)(h): replaced, on 31 October 2018, by section 19 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).
p.000001: Section 21(3)(k): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
p.000001:
p.000001: 22 Objectives of DHBs
p.000001: (1) Every DHB has the following objectives:
p.000001: (a) to improve, promote, and protect the health of people and communities:
p.000001: (b) to promote the integration of health services, especially primary and secondary health services:
p.000001: (ba) to seek the optimum arrangement for the most effective and efficient delivery of health services in
p.000001: order to meet local, regional, and national needs:
p.000001: (c) to promote effective care or support for those in need of personal health services or disability
p.000001: support services:
p.000001: (d) to promote the inclusion and participation in society and independence of people with disabilities:
p.000001: (e) to reduce health disparities by improving health outcomes for Maori and other population groups:
p.000001: (f) to reduce, with a view to eliminating, health outcome disparities between various population groups
p.000001: within New Zealand by developing and implementing, in consultation with the groups concerned,
...
p.000001: the person did not act with good faith, or with reasonable care.
p.000001: (3) Every member of the board, or of any committee of the board, of a publicly-owned health and disability
p.000001: organisation is indemnified by the organisation—
p.000001: (a) for costs and damages for any civil liability arising from any action brought by a third party in respect
p.000001: of any act or omission done or omitted in his or her capacity as a member, if he or she acted in good
p.000001: faith, and with reasonable care, in pursuance of the functions of the organisation; and
p.000001: (b) for costs arising from any successfully defended criminal proceeding in relation to any such act or
p.000001: omission.
p.000001: (4) A member of a committee established or appointed under Part 2 is not liable for any act or omission done
p.000001: or omitted in his or her capacity as a member, if he or she acted in good faith, and with reasonable care,
p.000001: in pursuance of the functions of the committee.
p.000001: (5) Sections 120 to 126 of the Crown Entities Act 2004 do not apply to a publicly-owned health and disability
p.000001: organisation, members of the board or a committee of the board of a publicly-owned health and disability
p.000001: organisation, or office holders or employees of a publicly-owned health and disability organisation.
p.000001: Section 90(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 90(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 91 No compensation for loss of office
p.000001: Neither the Crown nor any publicly-owned health and disability organisation may make any payment to, or
p.000001: otherwise compensate, any person in respect of the person ceasing for any reason to hold any office
p.000001: established by or under this Act.
p.000001:
p.000001: 92 Regulations
p.000001: (1) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
p.000001: (a) imposing restrictions and requirements relating to reinsurance, service agreements, and notices
p.000001: under section 88:
p.000001: (b) specifying the circumstances in which a person may lend money to a DHB:
p.000001: (c) specifying any class of shares or interests that, and any conditions on which, DHBs may—
p.000001: (i) hold in a body corporate or in a partnership, joint venture, or other association of persons; or
p.000001: (ii) settle, or be or appoint a trustee of, a trust:
p.000001: (d) specifying the form of any document of the kind referred to in section 42 or section 67, and
p.000001: specifying matters to be stated in any such document in addition to those required by those sections
p.000001: or the Crown Entities Act 2004 :
p.000001: (e) imposing procedural requirements in relation to any consultation required by or under this Act, not
p.000001: being requirements that are inconsistent with any provision of this Act:
p.000001: (f) specifying kinds of information for the purposes of clause 49 of Schedule 3:
...
p.000001: (1) Section 6, sections 8 to 14, and Schedule 1 of the Health Sector (Transfers) Act 1993 apply to the
p.000001: vestings effected by sections 94 to 96 and section 98 as if—
p.000001: (a) each vesting had been effected under section 5 of that Act; and
p.000001: (b) each dissolved entity were a transferor within the meaning of that Act.
p.000001: (2) For the purposes of the Government Superannuation Fund Act 1956 , a person who, as a result of any of
p.000001: the vestings by sections 94 to 96 and section 98 becomes an employee of a transferee and who,
p.000001: immediately before becoming such an employee, was an officer or employee of a dissolved entity and a
p.000001: contributor to the Government Superannuation Fund under that Act is, so long as that person continues to
p.000001: be employed by a transferee,—
p.000001: (a) to be taken to be employed in the Government service; and
p.000001: (b) that Act applies to that person as if service with the transferee were Government service.
p.000001: (3) Subject to the Government Superannuation Fund Act 1956 , nothing in subsection (2) entitles any such
p.000001: person to become a contributor to the Government Superannuation Fund after that person has ceased to
p.000001: be a contributor.
p.000001: (4) For the purposes of applying the Government Superannuation Fund Act 1956 , in accordance with
p.000001: subsection (2), to a person who is in the service of a transferee and is a contributor to the Government
p.000001: Superannuation Fund, the term controlling authority, in relation to that person, means the chief
p.000001: executive of the transferee.
p.000001:
p.000001: 101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees
p.000001: of dissolved entities and certain employees of Ministry of Health
p.000001: (1) Section 13 of the Health Sector (Transfers) Act 1993 applies to any person who, at any time in the period
p.000001: commencing on 1 April 2000 and ending with the commencement of this section, was an employee of a
p.000001: dissolved entity as if—
p.000001: (a) in subsection (1) of that section there were inserted, before the words “an employee of a transferor”,
p.000001: the words “on or after 1 April 2000”:
p.000001: (b) in subsection (2) of that section there were inserted, before the words “an employee of a transferor”,
p.000001: the words “on or after 1 August 2000”:
p.000001: (c) in subsection (2) of that section there were substituted for the expression “9 months”, the expression
p.000001: “3 months”:
p.000001: (d) in subsection (6) of that section there were substituted for the words “31st day of December 1994”,
p.000001: the words “commencement of section 101 of the New Zealand Public Health and Disability Act
p.000001: 2000”.
p.000001: (2) For the purposes of subsection (1), every dissolved entity is to be taken to be a transferor as well as a
p.000001: transferee within the meaning of the Health Sector (Transfers) Act 1993 .
p.000001: (3) Before 31 December 2002, the Director-General may give notice to any employee of the Director-General
p.000001: that the employee may, through the operation of section 4 or section 5 of the Health Sector (Transfers)
p.000001: Act 1993, become an employee of a DHB or of a subsidiary of a DHB.
p.000001: (4) From the date of a notice given to an employee under subsection (3), the Health Sector (Transfers) Act
p.000001: 1993 applies to the employee as if—
p.000001: (a) in section 13(2) there were substituted for the expression “9 months”, the expression “3 months”:
p.000001: (b) in section 13(6) there were substituted for the words “the 31st day of December 1994”, the
...
p.000001: District
p.000001: Schedule 1: amended, on 30 June 2015, by clause 3(2) of the Health and Disability (Geographical Areas of DHBs) Order 2015 (LI
p.000001: 2015/133).
p.000001: Schedule 1: amended, on 30 June 2015, by clause 3(3) of the Health and Disability (Geographical Areas of DHBs) Order 2015 (LI
p.000001: 2015/133).
p.000001: Schedule 1: amended, on 1 May 2010, by clause 4(1) of the Health and Disability (Establishment of Southern DHB) Order 2010
p.000001: (SR 2010/78).
p.000001: Schedule 1: amended, on 1 May 2010, by clause 4(2) of the Health and Disability (Establishment of Southern DHB) Order 2010
p.000001: (SR 2010/78).
p.000001: Schedule 1: amended, on 6 August 2004, by clause 3 of the Health (Geographical Areas of District Health Boards) Order 2004 (SR
p.000001: 2004/227).
p.000001: Schedule 1: amended, on 27 April 2001, by clause 7 of the Health (Constituencies of District Health Boards) Order 2001 (SR 2001/77).
p.000001:
p.000001:
p.000001:
p.000001: Schedule 2
p.000001: Membership of boards: Election and appointment of members, and
p.000001: effect of boundary changes on membership
p.000001: ss 29(1), 45(1)
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Purpose of this schedule
p.000001: 2 Purpose
p.000001: Electors and candidates
p.000001: 3 Residential qualification for electors
p.000001: 4 Qualification for candidates
p.000001: 5 Candidates not to stand for more than 1 district
p.000001: 6 Candidate to declare conflicts of interest
p.000001: 7 Employees of DHBs may stand for elections
p.000001: Application of Local Electoral Act 2001
p.000001: 8 Elections governed by Local Electoral Act 2001 and regulations made under that Act
p.000001: 9 Timing of elections
p.000001: 9A Elections in 2004 and subsequently to be conducted using Single Transferable Voting
p.000001: 9B Related amendments to New Zealand Public Health and Disability Act 2000
p.000001: 10 No by-elections
p.000001: Rolls for election
p.000001: 11 Rolls for election
p.000001: Conduct of election
p.000001: 12 Postal voting
p.000001: Cost of elections
p.000001: 13 Cost to be borne by DHB
p.000001: When members come into office
p.000001: 14 When elected members come into office
p.000001: 15 When appointed members come into office
p.000001: Appointment to boards of newly created DHBs
p.000001: 16 Appointment of new DHB
p.000001: Persons who may not be members of boards
p.000001: 17 Certain persons disqualified from membership
p.000001: Effect of boundary changes
p.000001: 18 Reorganisation of districts
p.000001: 19 Other alterations of districts
p.000001: 20 Inquiries by Local Government Commission
p.000001:
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: constituency, in relation to a DHB, means,—
p.000001: (a) if the district of the DHB has been divided into constituencies by an Order in Council under section
p.000001: 19, each such constituency; and
p.000001: (b) if the district of the DHB has not been divided in that way, the district of the DHB
...
p.000001: (a) is qualified to be a parliamentary elector; and
p.000001: (b) is not disqualified by clause 17.
p.000001:
p.000001: 5 Candidates not to stand for more than 1 district
p.000001: (1) A person may not at any elections of DHBs held in conjunction with a triennial general election be a
p.000001: candidate for more than 1 district or more than 1 constituency.
p.000001: (2) If a person is nominated in contravention of subclause (1), every nomination is void, if made with the
p.000001: person’s consent.
p.000001:
p.000001: 6 Candidate to declare conflicts of interest
p.000001: When a candidate gives the responsible electoral officer notice of the candidate’s consent to being
p.000001: nominated as a candidate, the candidate must also give the electoral officer a statement completed by the
p.000001: candidate in good faith that—
p.000001: (a) discloses any conflicts of interest that the candidate has with the DHB as at the date of the
p.000001: candidate’s notice of consent, or states that the candidate has no such conflicts of interest as at that
p.000001: date; and
p.000001: (b) discloses any such conflicts of interest that the candidate believes are likely to arise in future, or
p.000001: states that the candidate does not believe that any such conflicts of interest are likely to arise in
p.000001: future.
p.000001: Schedule 2 clause 6: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 7 Employees of DHBs may stand for elections
p.000001: A person is not prevented from being elected as a member of a DHB simply because the person is an
p.000001: employee of the DHB.
p.000001:
p.000001: Application of Local Electoral Act 2001
p.000001: Heading: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 8 Elections governed by Local Electoral Act 2001 and regulations made under that Act
p.000001: (1) The provisions of the Local Electoral Act 2001 and any regulations made under that Act apply, with all
p.000001: necessary modifications, to every election of a DHB.
p.000001: (2) Subclause (1) is subject to the provisions of this Act and to any regulations made under this Act.
p.000001: Schedule 2 clause 8 heading : amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 8(1): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 9 Timing of elections
p.000001: (1) The elections of DHBs must be held in conjunction with every triennial general election.
p.000001: (2) For the purposes of subclause (1), the first triennial general election is the one to be held in 2001.
p.000001:
p.000001: 9A Elections in 2004 and subsequently to be conducted using Single Transferable
p.000001: Voting
p.000001: The elections of DHBs to be held at the triennial general election in 2004 and at every subsequent
p.000001: triennial general election must be conducted by the Single Transferable Voting electoral system (STV)
p.000001: using the New Zealand method of counting single transferable votes .
...
p.000001: Information relating to meetings
p.000001: 19 Availability of agendas and reports
p.000001: 20 Availability of agendas and reports in special circumstances
p.000001: 21 Public may inspect or request copies of minutes of meeting
p.000001: 22 Public notification of resolution at emergency meeting
p.000001: 23 Defamatory matter in copy of agenda or additional particulars supplied to public or in
p.000001: minutes of meeting
p.000001: 24 Oral statements at meetings privileged
p.000001: Procedure at meetings
p.000001: 25 Quorum
p.000001: 26 Further provisions relating to quorum
p.000001: 27 Presiding member
p.000001: 28 Dealing with items not on agenda for meeting
p.000001: 29 Voting
p.000001: 30 Supplementary procedure
p.000001: Admission of public
p.000001: 31 Admission of public
p.000001: 32 Right of board to exclude public
p.000001: 33 Resolution excluding public
p.000001: 34 Provisions applying when meeting open to public
p.000001: 35 Maintenance of order
p.000001: Disclosure of members’ interests
p.000001: 36 Disclosure of interests
p.000001: 37 Minister may waive or modify application of clause 36(2)
p.000001: Committees
p.000001: 38 Committees
p.000001: Delegations
p.000001: 39 Delegations
p.000001:
p.000001: 40 Effect of delegation
p.000001: Seal
p.000001: [Repealed]
p.000001: 41 Seal [Repealed]
p.000001: Contracts and other enforceable obligations
p.000001: [Repealed]
p.000001: 42 Contracts and other enforceable obligations [Repealed]
p.000001: Dealings with land
p.000001: 43 Dealings with land
p.000001: Employees of DHBs
p.000001: 44 Employees of DHBs
p.000001: Borrowing and investment
p.000001: 45 Borrowing
p.000001: 45A Restrictions on giving of guarantees and indemnities and the use of derivatives
p.000001: 46 Investment
p.000001: Tax status
p.000001: [Repealed]
p.000001: 47 Tax status [Repealed]
p.000001: Address for service
p.000001: [Repealed]
p.000001: 48 Address for service [Repealed]
p.000001: Public Records Act 2005 to apply
p.000001: 49 Public Records Act 2005 to apply
p.000001:
p.000001: Interpretation
p.000001:
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: district, in relation to a DHB, means the geographical area opposite to the DHB in column 2 of Schedule
p.000001: 1
p.000001: meeting, in relation to a board, means any annual, biennial, triennial, ordinary, special, or emergency
p.000001: meeting of the board at which resolutions or decisions of the board are made
p.000001: minutes, in relation to a meeting of a board, means any record of the meeting
p.000001: publicly notify, in relation to a board of a DHB, means to give the resident population of the DHB notice
p.000001: by advertisements in 1 or more newspapers circulating in the district of the DHB, or by advertisements of
p.000001: that kind and any 1 or more of the following means:
p.000001: (a) printed placards affixed to public places in that district:
p.000001: (b) radio or television broadcasts:
p.000001: (c) notices available on the Internet, or given by any other electronic means.
p.000001: Compare: 1987 No 174 ss 2(1), 45
p.000001:
p.000001: Members
p.000001:
p.000001: 2 Appointed members
p.000001: (1) Appointed members of the board of a DHB—
p.000001: (a) [Repealed]
...
p.000001: lease or licence renewed.
p.000001: (4) Before approving the sale or exchange of any land under subclause (1), the Minister must be satisfied that
p.000001: —
p.000001: (a) the DHB concerned is, as a result of consultations with its resident population, aware of the views
p.000001: within the population about the proposed sale or exchange; and
p.000001: (b) the sale or exchange of the land will assist the DHB to meet its objectives under section 22; and
p.000001: (c) the DHB will comply with any applicable requirement under subclause (5).
p.000001: (5) Every DHB must use the proceeds of a sale of land, and any payments received in connection with an
p.000001: exchange of land, for the purchase, improvement, or extension of publicly-owned facilities for health
p.000001: purposes unless the Minister, by written notice to the DHB, approves a different use of the proceeds or
p.000001: payments.
p.000001: (6) Any approval under this clause may be subject to any conditions the Minister specifies, and may be given
p.000001: in respect of any land of a class the Minister specifies.
p.000001: (7) A DHB that receives a written approval under this clause must, as soon as practicable, table the approval
p.000001: at a meeting of the DHB.
p.000001: (8) In this clause, DHB includes a Crown entity subsidiary of a DHB.
p.000001: (9) To avoid any doubt, the matters to which the Minister may have regard in giving an approval under
p.000001: subclause (2) in relation to any land include the question of the application to the land of clause 3 of
p.000001: Schedule 1 of the Health Sector (Transfers) Act 1993.
p.000001: Schedule 3 clause 43(8): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Employees of DHBs
p.000001:
p.000001: 44 Employees of DHBs
p.000001: (1) The terms and conditions of employment of a chief executive of a DHB appointed by its board are to be
p.000001: determined by agreement between the board and the chief executive, except that the board must not
p.000001: finalise those terms and conditions, or agree to any amendments to any or all of those terms and
p.000001: conditions once they have been finalised, without first obtaining the consent of the State Services
p.000001: Commissioner.
p.000001: (2) The individual for the time being acting in the position of chief executive of a DHB may enter into a
p.000001: collective agreement on behalf of the DHB with any or all employees of the DHB, except that that
p.000001: individual must not finalise any such collective agreement without first consulting the Director-General on
p.000001: the terms and conditions of any such collective agreement.
p.000001: (3) The Governor-General may, by Order in Council,—
p.000001: (a) exempt any DHB, or any DHB specified in the order, from the requirement to consult in subclause
p.000001: (2); or
p.000001: (b) revoke any order made under paragraph (a) in order to end an exemption from that requirement for
p.000001: the DHBs or DHB concerned.
p.000001: (4) In respect of any DHB, matters relating to decisions on individual employees (for example, relating to the
p.000001: appointment, promotion, demotion, transfer, personal grievances, disciplining, or cessation of
p.000001: employment, of an employee) are the independent responsibility of the individual for the time being acting
p.000001: as chief executive of that DHB, without any interference from the board of the DHB or from committees of
p.000001: the board (or from members of the board or of committees of the board).
p.000001: (5) This clause applies despite sections 25 and 117(2) to (3) of the Crown Entities Act 2004, but section
p.000001: 117(1) of that Act applies to a chief executive of a DHB.
p.000001: (6) Despite section 116(2) of the Crown Entities Act 2004, the Governor-General may not make an Order in
p.000001: Council under section 116(1) of that Act in relation to a DHB.
p.000001: Compare: 1993 No 22 s 43(1)–(3)
p.000001: Schedule 3 clause 44(5): replaced, on 31 October 2018, by section 19 of the State Sector and Crown Entities Reform Act 2018 (2018
p.000001: No 31).
p.000001: Schedule 3 clause 44(6): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Borrowing and investment
p.000001:
p.000001: 45 Borrowing
p.000001: (1) No person may lend money to a DHB, except in accordance with regulations made under this Act or with
p.000001: the consent of the Minister of Finance.
p.000001: (2) In subclause (1), DHB includes a Crown entity subsidiary of a DHB.
p.000001: (3) Sections 160 and 162 of the Crown Entities Act 2004 set out the circumstances in which a DHB may
p.000001: borrow.
p.000001: Schedule 3 clause 45(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 3 clause 45(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
...
p.000001: 5 Vacation of office [Repealed]
p.000001: 6 Removal from office [Repealed]
p.000001: Chairperson and deputy chairperson
p.000001: [Repealed]
p.000001: 7 Chairperson and deputy chairperson [Repealed]
p.000001: 8 Resignation [Repealed]
p.000001: 9 Vacation of office [Repealed]
p.000001: 10 Removal from office [Repealed]
p.000001: Teleconferences
p.000001: [Repealed]
p.000001: 11 Teleconferences [Repealed]
p.000001: 12 Further provisions relating to teleconferences [Repealed]
p.000001: Meetings
p.000001: [Repealed]
p.000001: 13 Members to be notified of meetings [Repealed]
p.000001: 14 Quorum [Repealed]
p.000001: 15 Presiding member [Repealed]
p.000001: 16 Voting [Repealed]
p.000001: 17 Supplementary procedure [Repealed]
p.000001: Draft resolutions circulated for members’ assent
p.000001: [Repealed]
p.000001: 18 Draft resolution may be circulated to members for assent [Repealed]
p.000001: 19 Members to respond to draft resolution circulated [Repealed]
p.000001: 20 Draft resolutions assented to by a majority of members [Repealed]
p.000001: Disclosure of members’ interests
p.000001: 21 Disclosure of interests
p.000001: 22 Minister may waive or modify application of clause 21(2) [Repealed]
p.000001: Committees
p.000001: 23 Committees
p.000001: Delegations
p.000001: 24 Delegations
p.000001: 25 Effect of delegation [Repealed]
p.000001: Seal
p.000001: [Repealed]
p.000001: 26 Seal [Repealed]
p.000001: Contracts and other enforceable obligations
p.000001: [Repealed]
p.000001: 27 Contracts and other enforceable obligations [Repealed]
p.000001: Dealings with land
p.000001: 28 Dealings with land
p.000001: Employees
p.000001: 29 Employees
p.000001: Borrowing and investment
p.000001: [Repealed]
p.000001: 30 Borrowing [Repealed]
p.000001:
p.000001: 31 Investment [Repealed]
p.000001: Tax status
p.000001: [Repealed]
p.000001: 32 Tax status [Repealed]
p.000001: Public Records Act 2005 to apply
p.000001: 33 Public Records Act 2005 to apply
p.000001: Address for service
p.000001: [Repealed]
p.000001: 34 Address for service [Repealed]
p.000001:
p.000001: Meaning of organisation
p.000001:
p.000001: 1 Meaning of organisation
p.000001: In this schedule, unless the context otherwise requires, organisation means each of the following
p.000001: organisations:
p.000001: (a) Pharmac:
p.000001: (b) NZBS:
p.000001: (c) HPA:
p.000001: (d) HQSC.
p.000001: Schedule 6 clause 1(c): replaced, on 1 July 2012, by section 11(2) of the New Zealand Public Health and Disability Amendment Act 2012
p.000001: (2012 No 41).
p.000001: Schedule 6 clause 1(d): added, on 9 November 2010, by section 26(2) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001:
p.000001: Members
p.000001: [Repealed]
p.000001: Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 2 Members
p.000001: [Repealed]
p.000001: Schedule 6 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 3 Terms and conditions of office, and remuneration
p.000001: [Repealed]
p.000001: Schedule 6 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 4 Resignation
p.000001: [Repealed]
...
p.000001:
p.000001: 27 Contracts and other enforceable obligations
p.000001: [Repealed]
p.000001: Schedule 6 clause 27: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Dealings with land
p.000001:
p.000001: 28 Dealings with land
p.000001: (1) No organisation may sell, exchange, mortgage, or charge land without the prior written approval of the
p.000001: Minister.
p.000001: (2) No organisation may grant a lease or licence for a term of more than 5 years over land without the prior
p.000001: written approval of the Minister.
p.000001: (3) For the purposes of subclause (2), the term of a lease or licence includes any period (or, if the lease or
p.000001: licence provides for more than 1 such period, the total period) for which any person is entitled to have the
p.000001: lease or licence renewed.
p.000001: (4) Any approval under this clause may be subject to any conditions the Minister specifies, and may be given
p.000001: in respect of any land of a class the Minister specifies.
p.000001: (5) In this clause, organisation includes a Crown entity subsidiary of an organisation.
p.000001: (6) To avoid any doubt, the matters to which the Minister may have regard in giving an approval under
p.000001: subclause (2) in relation to any land include the question of the application to the land of clause 3 of
p.000001: Schedule 1 of the Health Sector (Transfers) Act 1993.
p.000001: (7) This clause applies despite sections 16 and 17 of the Crown Entities Act 2004.
p.000001: Schedule 6 clause 28(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 6 clause 28(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Employees
p.000001:
p.000001: 29 Employees
p.000001: (1) [Repealed]
p.000001: (2) The terms and conditions of employment of a chief executive appointed by an organisation are
p.000001: determined by agreement between the board of the organisation and the chief executive, but the board
p.000001: must not finalise those terms and conditions, or agree to any amendments to any or all of those terms and
p.000001: conditions once they have been finalised, without first obtaining the consent of the State Services
p.000001: Commissioner.
p.000001: (3) The individual for the time being acting in the position of chief executive of an organisation may enter into
p.000001: a collective agreement on behalf of the organisation with any or all employees of the organisation, except
p.000001: that that individual must not finalise any such collective agreement without first consulting the Director-
p.000001: General on the terms and conditions of any such collective agreement.
p.000001: (4) The Governor-General may, by Order in Council,—
p.000001: (a) exempt any organisation, or any organisation specified in the order, from the requirement to consult
p.000001: in subclause (3); or
p.000001: (b) revoke any order made under paragraph (a) in order to end an exemption from that requirement for
p.000001: the organisations or organisation concerned.
p.000001: (5) This clause applies despite section 117(2) to (3) of the Crown Entities Act 2004, but section 117(1) of that
p.000001: Act applies to a chief executive of an organisation.
p.000001: (6) Despite section 116(2) of the Crown Entities Act 2004, the Governor-General may not make an Order in
p.000001: Council under section 116(1) of that Act in relation to an organisation.
p.000001: Compare: 1993 No 22 s 43(1)–(3)
p.000001: Schedule 6 clause 29(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 6 clause 29(5): replaced, on 31 October 2018, by section 19 of the State Sector and Crown Entities Reform Act 2018 (2018
p.000001: No 31).
p.000001: Schedule 6 clause 29(6): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Borrowing and investment
p.000001: [Repealed]
p.000001: Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 30 Borrowing
p.000001: [Repealed]
p.000001: Schedule 6 clause 30: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 31 Investment
p.000001: [Repealed]
...
p.000001: 19 Compensation
p.000001: No member of the Alcohol Advisory Council or the Health Sponsorship Council is entitled to compensation
p.000001: for loss of office resulting from the disestablishment of the council.
p.000001:
p.000001: 20 Restriction of compensation for technical redundancy
p.000001: (1) An employee is not entitled to receive any payment or other benefit on the ground that his or her position
p.000001: in the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health has ceased to
p.000001: exist if—
p.000001: (a) the position ceases to exist as a result of a transfer of functions from the council to HPA; and
p.000001: (b) in connection with that transfer of functions,—
p.000001: (i) the employee is offered equivalent employment in HPA (whether or not the employee accepts
p.000001: the offer); or
p.000001: (ii) the employee is offered, and accepts, other employment in HPA.
p.000001: (2) In this section, equivalent employment to the employee’s employment in the Alcohol Advisory Council,
p.000001: the Health Sponsorship Council, or the Ministry of Health is employment in HPA—
p.000001: (a) in substantially the same position; and
p.000001: (b) in the same general locality; and
p.000001: (c) on terms and conditions of employment that are no less favourable than those that apply to the
p.000001: employee immediately before the offer of equivalent employment (including any service-related,
p.000001: redundancy, and superannuation conditions); and
p.000001: (d) on terms that treat the period of service with the council (and any other period of service recognised
p.000001: by the council as continuous service) as if it were continuous service with HPA.
p.000001: (3) This section overrides Part 6A of the Employment Relations Act 2000.
p.000001:
p.000001: 21 Application of collective agreements to employees
p.000001: (1) This section limits which employees may be bound by a collective agreement that binds the chief
p.000001: executive of the Alcohol Advisory Council or of the Health Sponsorship Council before a transfer of
p.000001: functions from those councils to HPA and that, as a consequence of section 17, binds the chief executive
p.000001: of HPA after that transfer of functions.
p.000001: (2) After that transfer of functions, the only employees of HPA who are entitled to be bound by or enforce the
p.000001: collective agreement are those employees who are appointed to a position in HPA that has been
p.000001: established (whether or not previously existing in any of those councils) to enable HPA to perform the
p.000001: transferred functions.
p.000001: (3) Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound
p.000001: by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to
p.000001: be bound by or enforce, that agreement.
p.000001: (4) This section limits which employees may be bound by collective agreements (including collective
p.000001: employment contracts), and the coverage of those agreements, under sections 56(1), 57, 62(3), 63(3),
p.000001: and 243 of the Employment Relations Act 2000.
p.000001: (5) This section does not apply to a collective agreement to the extent that the parties agree otherwise.
p.000001:
p.000001: 22 Superannuation
p.000001: (1) Any employee of the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health
p.000001: who, immediately before becoming an employee of HPA, is a contributor to the Government
p.000001: Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed,
p.000001: for the purpose of that Act, to be employed in the Government service so long as he or she continues to
p.000001: be an employee of HPA.
p.000001: (2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s
p.000001: service as an employee of HPA were Government service.
p.000001: (3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund
p.000001: if the person has ceased to be a contributor.
p.000001: (4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of HPA is
p.000001: the controlling authority.
p.000001:
p.000001: Provisions relating to disestablishment of Crown Health Financing Agency
p.000001: 27 Disestablishment of Crown Health Financing Agency
p.000001: On the commencement of this section, the Crown Health Financing Agency is disestablished.
p.000001:
p.000001: 28 Transfer of property and liabilities of Crown Health Financing Agency
p.000001: On and from the commencement of this section,—
...
p.000001: Act 2007.
p.000001:
p.000001: 30 Compensation
p.000001: No member of the Crown Health Financing Agency is entitled to compensation for loss of office resulting
p.000001: from the disestablishment of the Agency.
p.000001:
p.000001: 31 Restriction of compensation for technical redundancy
p.000001: (1) An employee is not entitled to receive any payment or other benefit on the ground that his or her position
p.000001: in the Crown Health Financing Agency has ceased to exist if—
p.000001: (a) the position ceases to exist as a result of a transfer of functions from the Agency to a department;
p.000001: and
p.000001: (b) in connection with that transfer of functions,—
p.000001: (i) the employee is offered equivalent employment in the department (whether or not the
p.000001: employee accepts the offer); or
p.000001: (ii) the employee is offered, and accepts, other employment in the department.
p.000001: (2) In this section, equivalent employment to the employee’s employment in the Crown Health Financing
p.000001: Agency is employment in the department—
p.000001: (a) in substantially the same position; and
p.000001: (b) in the same general locality; and
p.000001: (c) on terms and conditions of employment that are no less favourable than those that apply to the
p.000001: employee immediately before the offer of equivalent employment (including any service-related,
p.000001: redundancy, and superannuation conditions); and
p.000001: (d) on terms that treat the period of service with the Agency (and any other period of service recognised
p.000001: by the Agency as continuous service) as if it were continuous service with the department.
p.000001: (3) This section overrides Part 6A of the Employment Relations Act 2000.
p.000001:
p.000001: 32 Application of collective agreements to employees
p.000001: (1) This section limits which employees may be bound by a collective agreement that bind the chief executive
p.000001: of the Crown Health Financing Agency before a transfer of functions from the Agency to a department and
p.000001: that, as a consequence of section 28, binds the chief executive of the department after that transfer of
p.000001: functions.
p.000001: (2) After that transfer of functions, the only employees of the department who are entitled to be bound by or
p.000001: enforce the collective agreement are those employees who are appointed to a position in the department
p.000001: that has been established (whether or not previously existing in the Agency) to enable the department to
p.000001: perform the transferred functions.
p.000001: (3) Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound
p.000001: by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to
p.000001: be bound by or enforce, that agreement.
p.000001: (4) This section limits which employees may be bound by collective agreements (including collective
p.000001: employment contracts), and the coverage of those agreements, under sections 56(1), 57, 62(3), 63(3),
p.000001: and 243 of the Employment Relations Act 2000.
p.000001: (5) This section does not apply to a collective agreement to the extent that the parties agree otherwise.
p.000001:
p.000001: 33 Superannuation
p.000001: (1) Any employee of the Crown Health Financing Agency who, immediately before becoming an employee of
p.000001: a department, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the
p.000001: Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the
p.000001: Government service so long as he or she continues to be an employee of the department.
p.000001: (2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s
p.000001: service as an employee of the Agency were Government service.
p.000001: (3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund
p.000001: if the person has ceased to be a contributor.
p.000001: (4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of the
p.000001: department is the controlling authority.
p.000001:
p.000001: Other matters
p.000001:
p.000001: 35 Other savings and transitional matters
p.000001: The Governor-General may, by Order in Council, provide for savings and transitional matters connected
p.000001: with the disestablishment of an entity under this Part, including the transfer of functions formerly carried
p.000001: out by the entity.
p.000001:
p.000001: Reprints notes
p.000001: 1 General
...
Social / parents
Searching for indicator parent:
(return to top)
p.000001: statement of intent means a statement of intent prepared in accordance with the Crown Entities Act
p.000001: 2004 and section 42 or section 67
p.000001: transaction, in relation to a DHB, means—
p.000001: (a) the exercise or performance of a function, duty, or power of the DHB; or
p.000001: (b) an arrangement, agreement, or contract to which the DHB is a party; or
p.000001: (c) a proposal that the DHB enter into an arrangement, agreement, or contract.
p.000001: (2) For the purposes of this Act, a person who is a member of a board of a DHB or a member of a committee
p.000001: of such board or a delegate of such board is interested in a transaction of a DHB if, and only if, the
p.000001: board member or member of the committee or the delegate—
p.000001: (a) is a party to, or will derive a financial benefit from, the transaction; or
p.000001: (b) has a financial interest in another party to the transaction; or
p.000001: (c) is a director, member, official, partner, or trustee of another party to, or person who will or may
p.000001: derive a financial benefit from, the transaction, not being a party that is—
p.000001: (i) the Crown; or
p.000001: (ii) a publicly-owned health and disability organisation; or
p.000001: (iii) a body that is wholly owned by 1 or more publicly-owned health and disability organisations; or
p.000001: (d) is the parent, child, spouse or partner of another party to, or person who will or may derive a
p.000001: financial benefit from, the transaction; or
p.000001: (e) is otherwise directly or indirectly interested in the transaction.
p.000001: (3) A person is not interested in a transaction for the purposes of subsection (2)—
p.000001: (a) if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to
p.000001: influence him or her in carrying out his or her responsibilities under this Act or another Act; or
p.000001: (b) because he or she receives remuneration or other benefits authorised under this Act or another Act.
p.000001: Section 6(1) annual plan: repealed, on 24 February 2011, by section 5(1) of the New Zealand Public Health and Disability Amendment
p.000001: Act 2010 (2010 No 118).
p.000001: Section 6(1) board: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) CHFA: repealed, on 1 July 2012, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2012 (2012
p.000001: No 41).
p.000001: Section 6(1) conflict of interest: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 6(1) conflict of interest paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
p.000001: Section 6(1) conflict of interest paragraph (b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No
p.000001: 115).
...
p.000001: policy.
p.000001: Section 70A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70B Interpretation
p.000001: (1) In this Part, unless the context otherwise requires,—
p.000001: family care policy, in relation to the Crown or a DHB,—
p.000001: (a) means any statement in writing made by, or on behalf of, the Crown or by, or on behalf of, the DHB
p.000001: that permits, or has the effect of permitting, persons to be paid, in certain cases, for providing
p.000001: support services to their family members; and
p.000001: (b) includes any practice, whether or not reduced to writing, that has the same effect as a statement of
p.000001: the kind described in paragraph (a), being a practice that was followed by the Crown or by a DHB
p.000001: before the commencement of this Part
p.000001: family member has the meaning given by subsection (2)
p.000001: support services means disability support services (as defined in section 6(1)) or health services (as so
p.000001: defined), or both, being services of a kind that are generally funded, directly or indirectly, through Vote
p.000001: Health.
p.000001: (2) Support services provided by a person (person A) to another person ( person B) are provided to a family
p.000001: member in any case where person B is person A’s—
p.000001: (a) spouse, civil union partner, or de facto partner; or
p.000001: (b) parent, step-parent, or grandparent; or
p.000001: (c) child, stepchild, or grandchild; or
p.000001: (d) sister, half-sister, stepsister, brother, half-brother, or stepbrother; or
p.000001: (e) aunt or uncle; or
p.000001: (f) nephew or niece; or
p.000001: (g) first cousin.
p.000001: Section 70B: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70C Persons generally not to be paid for providing support services to family members
p.000001: On and after the commencement of this Part, neither the Crown nor a DHB may pay a person for any
p.000001: support services that are, whether before, on, or after that commencement, provided to a family member
p.000001: of the person unless the payment is—
p.000001: (a) permitted by an applicable family care policy; or
p.000001: (b) expressly authorised by or under an enactment.
p.000001: Section 70C: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).
p.000001:
p.000001: 70D Family care policy
p.000001: (1) The Crown and any DHB are, and have always have been, authorised —
p.000001: (a) to adopt or have a family care policy:
p.000001: (b) to change a family care policy:
p.000001: (c) to cancel a family care policy:
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.000001: (3) As soon as practicable after giving a notice under section 11(2) determining a function of a committee
p.000001: established under section 11, the Minister must present to the House of Representatives a copy of the
p.000001: notice that includes or has attached to it the following information:
p.000001: (a) the functions of the committee; and
p.000001: (b) any other terms of reference or directions (other than directions as to procedure).
p.000001: (4) As soon as practicable after giving, under section 11(3)(b), a written direction as to the procedure of a
p.000001: committee established under section 11, the Minister must present to the House of Representatives a
p.000001: copy of the direction.
p.000001: (5) In every annual report of the Ministry of Health, the Ministry must—
p.000001: (a) give the following information in respect of every committee established under section 11:
p.000001: (i) the name of the committee:
p.000001: (ii) the name of the chairperson of the committee:
p.000001: (iii) the name of every member of the committee; and
p.000001: (b) indicate whether there is a committee established under section 11 that has not reported to the
p.000001: Minister in the year to which the report relates.
p.000001:
p.000001: 13 National advisory committee on health and disability
p.000001: (1) The Minister may appoint a committee established under section 11, to be known as the national advisory
p.000001: committee on health and disability, to advise the Minister on—
p.000001: (a) the kinds, and relative priorities, of public health services, personal health services, and disability
p.000001: support services that should, in the committee’s opinion, be publicly funded; and
p.000001: (b) other matters relating to public health, including—
p.000001: (i) personal health matters relating to public health; and
p.000001: (ii) regulatory matters relating to public health; and
p.000001: (c) any other matters that the Minister specifies by notice to the committee.
p.000001: (2) The advice given by the committee to the Minister under subsection (1) is to be formulated after
p.000001: consultation by the committee with any members of the public, persons involved in the provision of
p.000001: services, and other persons that the committee considers appropriate.
p.000001: (3) The committee must, at least once each year, deliver to the Minister a report setting out its advice on the
p.000001: matters referred to in subsection (1)(a) and (b).
p.000001: (4) As soon as practicable after giving a notice under subsection (1)(c) or receiving a report under subsection
p.000001: (3), the Minister must present a copy of the notice or report to the House of Representatives.
p.000001:
p.000001: 14 Public health advisory committee
p.000001: (1) The national advisory committee on health and disability must establish a committee called the public
p.000001: health advisory committee to provide independent advice to the Minister and to the national advisory
p.000001: committee on health and disability on the following matters:
p.000001: (a) public health issues, including factors underlying the health of people and communities:
p.000001: (b) the promotion of public health:
p.000001: (c) the monitoring of public health:
p.000001: (d) any other matters the national advisory committee on health and disability specifies by notice to the
p.000001: committee.
...
p.000001: any books, papers, documents, or records produced, at any hearing.
p.000001: (4) An inquiry board may make an order under subsection (3)(b) or (c) on its own initiative or an application
p.000001: by any person for the purpose.
p.000001: (5) If an inquiry board makes an order under subsection (3), the inquiry board must state in the order—
p.000001: (a) the inquiry board’s reasons for making the order; and
p.000001: (b) in the case of an order made under subsection (3)(b) or (c), the time (if any) at which, or the
p.000001: circumstances (if any) in which, the order ceases to have effect.
p.000001: (6) If an inquiry board makes an order, under subsection (3)(b) or (c), in respect of information, that
p.000001: information must not while that order has effect be made available under any of the Local Government
p.000001: Official Information and Meetings Act 1987, the Official Information Act 1982 , or the Privacy Act 1993.
p.000001: (7) An inquiry board may at any time deliberate in private as to its decision on any matter or question arising
p.000001: in the course of the inquiry.
p.000001: (8) Nothing in this section prevents an inquiry board from at any time seeking information or questioning
p.000001: people outside a hearing as to where information relevant to the inquiry might be obtained.
p.000001:
p.000001: 80 Supplementary procedure
p.000001: In any inquiry, the inquiry board may adopt further procedures for the inquiry that are not inconsistent with
p.000001: —
p.000001: (a) instructions given under subsections (3)(b) and (4)(c) of section 75:
p.000001: (b) the requirements stated in sections 78 and 79.
p.000001:
p.000001: 81 Evidence
p.000001: (1) An inquiry board may receive as evidence any statement, document, information, or matter that, in the
p.000001: inquiry team’s opinion, may help it meet its terms of reference, whether or not the statement, document,
p.000001: information, or matter would be admissible in a court of law.
p.000001: (2) An inquiry board may take evidence on oath.
p.000001: (3) An inquiry board may permit a person appearing as a witness before it to give evidence by tendering a
p.000001: written statement and, if the inquiry board thinks fit, verifying it by oath.
p.000001: Compare: 1908 No 25 s 4B
p.000001:
p.000001: 82 Powers to investigate
p.000001: (1) If the Minister has given an inquiry board an instruction referred to in section 77(j) then, for the purposes
p.000001: of its inquiry, the inquiry board or any person authorised by it in writing to do so may—
p.000001: (a) inspect and examine any books, papers, documents, records, or things (for example, medical
p.000001: equipment, parts of or substances from a human body, or specimens):
p.000001: (b) require any person to produce for examination any books, papers, documents, records, or things (for
p.000001: example, medical equipment, parts of or substances from a human body, or specimens) in the
p.000001: person’s possession or control, and to allow copies of or extracts from any of those books, papers,
p.000001: documents, or records to be made:
p.000001: (c) require any person to give, in a form approved by or acceptable to the inquiry board, any information
p.000001: or particulars it requires, and any copies of or extracts from any books, papers, documents, or
p.000001: records referred to in paragraph (b).
p.000001: (2) The inquiry board may, if it thinks fit, require that any written information or particulars or any copies or
p.000001: extracts given under this section be verified by statutory declaration or another means the inquiry board
p.000001: identifies.
p.000001: (3) Every person has the same privileges in relation to the giving of information to the inquiry board, the
...
p.000001: through the Ministry of Health):
p.000001: (b) to a hospital and health service (other than New Zealand Blood Service Limited) must be read as a
p.000001: reference to the DHB in whom the assets and liabilities of the hospital and health service are vested
p.000001: by section 95:
p.000001: (c) to New Zealand Blood Service Limited must be read as a reference to NZBS:
p.000001: (d) to the Pharmaceutical Management Agency Limited must be read as a reference to Pharmac.
p.000001:
p.000001: 103 Persons in whom assets and liabilities vested deemed dissolved entities for certain
p.000001: purposes
p.000001: Every person in whom the assets and liabilities of a dissolved entity are vested by any of sections 94 to 96
p.000001: and 98 is deemed to be the dissolved entity for the purposes of any requirement or entitlement under—
p.000001: (a) the Goods and Services Tax Act 1985; or
p.000001: (b) any enactment or accounting practice relating to accounting records or financial statements.
p.000001:
p.000001: Transitional provisions relating to annual reports and financial statements of dissolved entities
p.000001:
p.000001: 104 Meaning of final report
p.000001: In section 105, final report, in relation to a dissolved entity, means—
p.000001: (a) a report setting out the information specified in section 41I of the Public Finance Act 1989 in relation
p.000001: to the dissolved entity’s operations for the period beginning on 1 July 2000 and ending with the close
p.000001: of the day immediately before the commencement of this section; and
p.000001: (b) the dissolved entity’s financial statements for that period, which—
p.000001: (i) set out the information specified in section 41 of the Public Finance Act 1989; and
p.000001: (ii) are accompanied by an audit opinion prepared by the Audit Office in accordance with section
p.000001: 43 of that Act.
p.000001:
p.000001: 105 Final reports of dissolved entities
p.000001: (1) As soon as reasonably practicable after the commencement of this section, the Minister must receive—
p.000001: (a) from the Director-General the final report of the Health Funding Authority:
p.000001: (b) from each DHB the final report of the hospital and health service whose assets and liabilities are
p.000001: vested in the DHB by section 95:
p.000001: (c) from NZBS the final report of New Zealand Blood Service Limited:
p.000001: (d) from Pharmac the final report of the Pharmaceutical Management Agency Limited.
p.000001: (2) As soon as practicable after receiving each final report, the Minister must present the report to the House
p.000001: of Representatives.
p.000001:
p.000001: All positions on boards of DHBs filled by appointment until first elections
p.000001: 106 Transitional board members
p.000001: (1) In the period commencing with the commencement of this section and ending with the first elections of
p.000001: members of boards of DHBs, the Minister may appoint up to 11 members to the board of each DHB
p.000001: (whether that DHB has been, or is to be, established) to hold the positions that are, after those elections,
p.000001: to be held by elected and appointed members.
p.000001: (2) The provisions of this Act that apply to appointed members of DHBs apply to members appointed under
p.000001: subsection (1), except that—
p.000001: (a) the appointment of such a member (whether as member, chairperson, or deputy chairperson) must
p.000001: be made by written notice to the member, and need not be notified in the Gazette; and
p.000001: (b) such a member need not complete the statement under section 29(6) before his or her appointment,
...
p.000001: board).
p.000001: (3) If an Order in Council dissolves or divides 1 DHB by transferring its district in whole or in part to the
p.000001: districts of 1 or more other DHBs, the Minister may, at the time that the Order takes effect, assign any
p.000001: member of the board of the dissolved or divided DHB to any board (an augmented board) of those other
p.000001: DHBs.
p.000001: (4) Throughout the relevant period specified in subclause (7), a united board consists of all the currently
p.000001: elected and appointed members of each board of the abolished DHBs (even if the total number of those
p.000001: members exceeds 11).
p.000001: (5) Throughout the relevant period specified in subclause (7), the members of an augmented board include
p.000001: the member or members assigned to it under subclause (3) (even if the total number of those members
p.000001: exceeds 11).
p.000001: (6) The provisions of Schedule 3 continue to apply, with any necessary modifications, to every united board
p.000001: and to every augmented board.
p.000001: (7) The relevant period referred to in subclause (4) and subclause (5) commences on the date that the Order
p.000001: in Council takes effect and ends with the close of the 58th day after polling day for the next elections of
p.000001: DHBs.
p.000001:
p.000001: 19 Other alterations of districts
p.000001: The membership of a board is not affected by—
p.000001: (a) an alteration of the district or the constituency of the DHB made by an Order in Council under
p.000001: section 19 (other than a reorganisation of districts described in clause 18); or
p.000001: (b) the abolition or alteration of any local government area or ward specified in column 2 of Schedule 1.
p.000001:
p.000001: 20 Inquiries by Local Government Commission
p.000001: If at any time the Minister is of the opinion that for the purposes of this Act an inquiry should be made into
p.000001: any question relating to the union, reconstitution, or alteration of the boundaries of any district or
p.000001: constituency of a DHB, the Minister may request the Minister of Local Government to refer the question to
p.000001: the Local Government Commission for inquiry and report.
p.000001: Compare: 1983 No 134 s 8E
p.000001:
p.000001:
p.000001:
p.000001: Schedule 3
p.000001: Provisions applying to DHBs and their boards
p.000001: s 45(1)
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Members
p.000001: 2 Appointed members
p.000001: 3 Elected members
p.000001: 4 Terms or conditions of office, and remuneration [Repealed]
p.000001: 5 Training relating to members’ obligations and duties
p.000001: 6 Resignation [Repealed]
p.000001: 7 Vacation of office
p.000001: 8 Removal from office
p.000001: 9 Reasons for removal of elected members
p.000001: Chairperson and deputy chairperson
p.000001: 10 Chairperson and deputy chairperson
p.000001: 11 Resignation
p.000001: 12 Vacation of office
p.000001: 13 Removal from office
p.000001: Teleconferences
p.000001: 14 Teleconferences
p.000001: 15 Further provisions relating to teleconferences [Repealed]
p.000001: Notice of meetings
p.000001: 16 Meetings of boards to be publicly notified
p.000001: 17 Meetings not publicly notified in accordance with clause 16
p.000001: 18 Members to be notified of meetings
p.000001: Information relating to meetings
p.000001: 19 Availability of agendas and reports
p.000001: 20 Availability of agendas and reports in special circumstances
...
p.000001: the Privacy Commissioner arising out of an investigation under Part 8 of the Privacy Act 1993:
p.000001: (e) that the exclusion of the public from the whole or the relevant part of the meeting is necessary to
p.000001: enable the board to deliberate in private on a decision or recommendation as to whether any of the
p.000001: grounds in paragraphs (a) to (d) are established in relation to all or any part of any meeting of the
p.000001: board.
p.000001: Compare: 1987 No 174 s 48(1)
p.000001:
p.000001: 33 Resolution excluding public
p.000001: (1) Every resolution excluding the public from any meeting of a board must state—
p.000001: (a) the general subject of each matter to be considered while the public is excluded; and
p.000001: (b) the reason for the passing of that resolution in relation to that matter, including, where that resolution
p.000001: is passed in reliance on clause 32(a), the particular interest or interests protected by section 6 or
p.000001: section 7 or section 9 of the Official Information Act 1982 which would be prejudiced by the holding
p.000001: of the whole or the relevant part of the meeting in public; and
p.000001: (c) the grounds on which that resolution is based (being 1 or more of the grounds stated in clause 32).
p.000001: (2) Every resolution to exclude the public must be put at a time when the meeting is open to the public, and
p.000001: the text of that resolution (or copies of it) must—
p.000001: (a) be available to any member of the public who is present; and
p.000001: (b) form part of the minutes of the board.
p.000001: (3) A resolution to exclude the public may also provide for a specified person or persons to remain after the
p.000001: public has been excluded if that person, or those persons, has or have, in the board’s opinion, knowledge
p.000001: that will help it.
p.000001: (4) If a board resolves that a person or persons may remain after the public has been excluded, the resolution
p.000001: must state—
p.000001: (a) the knowledge possessed by that person or those persons that will be helpful in relation to the
p.000001: matter to be discussed; and
p.000001: (b) how it is relevant to that matter.
p.000001: (5) The person or persons must not disclose to anyone not present at the meeting while the public was
p.000001: excluded and the person or persons remained any information that the person or persons became aware
p.000001: of only at the meeting while the public was excluded and the person or persons remained.
p.000001: Compare: 1987 No 174 s 48(3)–(6)
p.000001:
p.000001: 34 Provisions applying when meeting open to public
p.000001: The following provisions apply when all or any part of a meeting of a board is required by this schedule to
p.000001: be open to the public:
p.000001: (a) for the purposes of this schedule, genuine members of the news media must be treated as members
p.000001: of the public, and are entitled to attend any meeting or any part of a meeting for the purpose of
p.000001: reporting it for any news media:
p.000001: (b) if the agenda for any meeting is copied by any means for use by members of a board, that board
p.000001: must also cause to be made any additional copies of the agenda that in that board’s opinion may be
p.000001: necessary to ensure there is an adequate supply for any persons requesting copies under
p.000001: paragraph (c):
p.000001: (c) any member of the public who attends a meeting of a board and requests a copy of the agenda
p.000001: must, if he or she tenders an amount equal to the reasonable costs of making one available, be
p.000001: given (and may take away with him or her) any spare copy of the agenda:
p.000001: (d) copies of the agenda supplied for members of the public as provided in paragraph (b) must include
p.000001: any further statements or particulars necessary to indicate the nature of any items included in the
p.000001: agenda, unless that item refers to any matter to be considered by the board when the meeting is not
p.000001: likely to be open to the public.
p.000001: Compare: 1987 No 174 s 49
p.000001:
p.000001: 35 Maintenance of order
p.000001: (1) At any meeting of any board the presiding member of the board may require a member of the public
p.000001: attending the meeting to leave it if the presiding member believes on reasonable grounds that, if the
p.000001: member of the public is permitted to remain, the behaviour of the member of the public is likely to
p.000001: prejudice, or to continue to prejudice, the orderly conduct of the meeting.
p.000001: (2) At the request of the presiding member, a constable, or officer or employee of the DHB concerned may
p.000001: remove or, as the case requires, exclude a member of the public from a meeting of a board if the member
p.000001: of the public has been required under this clause to leave the meeting but—
p.000001: (a) refuses or fails to leave it; or
p.000001: (b) having left it, attempts to re-enter it without the permission of the presiding member.
p.000001: Compare: 1987 No 174 s 50
...
p.000001: the Privacy Commissioner arising out of an investigation under Part 8 of the Privacy Act 1993 to the
p.000001: committee:
p.000001: (e) that the exclusion of the public from the whole or the relevant part of the meeting is necessary to
p.000001: enable the committee to deliberate in private on a decision or recommendation as to whether any of
p.000001: the grounds in paragraphs (a) to (d) are established in relation to all or any part of any meeting of
p.000001: the committee.
p.000001: Compare: 1987 No 174 s 48(1)
p.000001:
p.000001: 35 Resolution excluding public
p.000001: (1) Every resolution excluding the public from any meeting of a committee must state—
p.000001: (a) the general subject of each matter to be considered while the public is excluded; and
p.000001: (b) the reason for the passing of that resolution in relation to that matter, including, where that resolution
p.000001: is passed in reliance on clause 34(a), the particular interest or interests protected by section 6 or
p.000001: section 7 or section 9 of the Official Information Act 1982 which would be prejudiced by the holding
p.000001: of the whole or the relevant part of the meeting in public; and
p.000001: (c) the grounds on which that resolution is based (being 1 or more of the grounds stated in clause 34).
p.000001: (2) Every resolution to exclude the public must be put at a time when the meeting is open to the public, and
p.000001: the text of that resolution (or copies of it) must—
p.000001: (a) be available to any member of the public who is present; and
p.000001: (b) form part of the minutes of the committee.
p.000001: (3) A resolution to exclude the public may also provide for a specified person or persons to remain after the
p.000001: public has been excluded if that person, or those persons, has or have, in the committee’s opinion,
p.000001: knowledge that will help it.
p.000001: (4) If a committee resolves that a person or persons may remain after the public has been excluded, the
p.000001: resolution must state—
p.000001: (a) the knowledge possessed by that person or those persons that will be helpful in relation to the
p.000001: matter to be discussed; and
p.000001: (b) how it is relevant to that matter.
p.000001: (5) The person or persons must not disclose to anyone not present at the meeting while the public was
p.000001: excluded and the person or persons remained any information that the person or persons became aware
p.000001: of only at the meeting while the public was excluded and the person or persons remained.
p.000001: Compare: 1987 No 174 s 48(3)–(6)
p.000001:
p.000001: 36 Provisions applying when meeting open to public
p.000001: The following provisions apply when all or any part of a meeting of a committee is required by this
p.000001: schedule to be open to the public:
p.000001: (a) for the purposes of this schedule, genuine members of the news media must be treated as members
p.000001: of the public, and are entitled to attend any meeting or any part of a meeting for the purpose of
p.000001: reporting the meeting for any news media:
p.000001: (b) if the agenda for any meeting is copied by any means for use by members of a committee, that
p.000001: committee must also cause to be made any additional copies of the agenda that in that committee’s
p.000001: opinion may be necessary to ensure there is an adequate supply for any persons requesting copies
p.000001: under paragraph (c):
p.000001: (c) any member of the public who attends a meeting of a committee and requests a copy of the agenda
p.000001: must, if he or she tenders an amount equal to the reasonable costs of making one available, be
p.000001: given (and may take away with him or her) any spare copy of the agenda:
p.000001: (d) copies of the agenda supplied for members of the public as provided in paragraph (b) must include
p.000001: any further statements or particulars necessary to indicate the nature of any items included in the
p.000001: agenda, unless that item refers to any matter to be considered by the committee when the meeting
p.000001: is not likely to be open to the public.
p.000001: Compare: 1987 No 174 s 49
p.000001:
p.000001: 37 Maintenance of order
p.000001: (1) At any meeting of any committee the presiding member of the committee may require a member of the
p.000001: public attending the meeting to leave it if the presiding member believes on reasonable grounds that, if the
p.000001: member of the public is permitted to remain, the behaviour of the member of the public is likely to
p.000001: prejudice, or to continue to prejudice, the orderly conduct of the meeting.
p.000001: (2) At the request of the presiding member, a constable, or officer or employee of the committee may remove
p.000001: or, as the case requires, exclude a member of the public from a meeting of a committee if the member of
p.000001: the public has been required under this clause to leave the meeting but—
p.000001: (a) refuses or fails to leave it; or
p.000001: (b) having left it, attempts to re-enter it without the permission of the presiding member.
p.000001: Compare: 1987 No 174 s 50
...
p.000001: or honey, and—
p.000001: (a) includes—
p.000001: (i) cider, perry, and mead; and
p.000001: (ii) fortified wines such as sherry, port, and fruit or vegetable-based alcohols; but
p.000001: (b) does not include—
p.000001: (i) beer or spirits; or
p.000001: (ii) any alcohol containing no more than 1.15% volume of alcohol
p.000001: winemaker has the same meaning as in the Wine Act 2003.
p.000001: (2) For the purposes of clauses 3 and 5, where any wine manufactured in New Zealand is sold to another
p.000001: winemaker for blending with other wine, the wine so sold is deemed to be manufactured by the person
p.000001: who blends it, and not by its original maker.
p.000001: (3) For the purposes of clause 3(2), the total number of litres of wine manufactured in New Zealand during
p.000001: any statistical year is deemed to be the same as the total number of litres of wine sold by winemakers
p.000001: during that year.
p.000001: (4) For the purposes of clauses 5 and 6, the total number of litres of wine sold in New Zealand during any
p.000001: financial year is deemed to be the same as the total number of litres of wine sold in New Zealand during
p.000001: the preceding statistical year.
p.000001: (5) For the purposes of clause 3(2) and Schedule 4B, alcohol that is exported from New Zealand during the
p.000001: preceding statistical year is not to be treated as alcohol that is imported into or manufactured in New
p.000001: Zealand.
p.000001:
p.000001: 2 Minister to assess aggregate expenditure figure and determine aggregate levy figure
p.000001: (1) For each financial year, the Minister, acting with the concurrence of the Minister of Finance, must assess
p.000001: the aggregate expenditure figure for that year that, in his or her opinion, would be reasonable for HPA to
p.000001: expend during that year—
p.000001: (a) in addressing alcohol-related harm; and
p.000001: (b) in meeting its operating costs that are attributable to alcohol-related activities.
p.000001: (2) Having assessed the aggregate expenditure figure for any financial year under subclause (1), the Minister
p.000001: must determine the aggregate levy figure for that year, being an amount equal to the aggregate
p.000001: expenditure figure less the amount that, in his or her opinion, is likely to be received by HPA during the
p.000001: financial year by way of interest on money invested by HPA or from third party or other revenue.
p.000001: (3) Nothing in this clause obliges HPA to expend in any financial year the whole of its income received in that
p.000001: year, and HPA may accumulate any part of its income in any financial year and expend it as it sees fit for
p.000001: any of its purposes in any subsequent financial year.
p.000001: (4) Despite subclause (2), if HPA carries forward any such amount to a subsequent financial year, the
p.000001: Minister may, in determining the aggregate levy figure for that year, take into account the whole or any
p.000001: part of that amount.
p.000001:
p.000001: 3 Minister to determine amounts of levy for each class of alcohol
p.000001: (1) After assessing the aggregate levy figure for any financial year, the Minister must determine, in
p.000001: accordance with subclause (2), the amounts of the levies payable under clause 5, in respect of each class
p.000001: of alcohol, in order to yield an amount equivalent to the aggregate levy figure.
p.000001: (2) The process for determining the amounts of levy is as follows:
p.000001: (a) Step 1—for each class of alcohol, determine the total number of litres of that class of alcohol that
p.000001: was imported into or manufactured in New Zealand during the preceding statistical year:
p.000001: (b) Step 2—for each class of alcohol, multiply the result of step 1 by the appropriate rate, as set out in
p.000001: the table in Schedule 4B. This gives the (nominal) total number of litres of alcohol for each class of
p.000001: alcohol:
p.000001: (c) Step 3—for each class of alcohol, divide the number of litres of alcohol for that class by the total
...
p.000001: expressly or by implication, any particular individual:
p.000001: (b) the disclosure of information—
p.000001: (i) with the consent of every person who would be directly or indirectly identified by the
p.000001: disclosure:
p.000001: (ii) to the Minister, or a person authorised by the Minister, for the purpose of enabling the Minister
p.000001: to decide whether or not to issue a ministerial authority:
p.000001: (iii) for the purposes of the prosecution of an offence against section 18(7) (disclosure of
p.000001: information contrary to this schedule).
p.000001: Compare: 1995 No 95 s 71
p.000001:
p.000001: 6 Minister may authorise disclosure of information
p.000001: (1) If the Minister is satisfied that information relates to conduct (whenever occurring) that constitutes or may
p.000001: constitute a serious offence, the Minister may, by notice in writing signed by the Minister, give a ministerial
p.000001: authority authorising the disclosure of the information, in the manner, and subject to any conditions,
p.000001: specified in the notice, for 1 or more of the following purposes:
p.000001: (a) for the purposes of the investigation and prosecution of offences:
p.000001: (b) for the purposes of a Royal Commission, or a commission of inquiry appointed by an Order in
p.000001: Council made under the Commissions of Inquiry Act 1908 :
p.000001: (c) for the purposes of an inquiry to which section 6 of the Inquiries Act 2013 applies.
p.000001: (2) However, a ministerial authority may be given for information of a non-factual nature (for example,
p.000001: expressions of opinion) only if that information consists only of matter contained in a report or advice
p.000001: prepared by the mortality review committee.
p.000001: (3) The Minister may at any time—
p.000001: (a) revoke a ministerial authority; or
p.000001: (b) revoke, amend, or add to any condition or conditions to which a ministerial authority is subject.
p.000001: (4) A ministerial authority authorising the disclosure of information does not of itself—
p.000001: (a) require the disclosure of that information; or
p.000001: (b) create a duty to disclose that information.
p.000001: Compare: 1995 No 95 s 72
p.000001: Schedule 5 clause 6(1)(c): inserted, on 27 August 2013, by section 39 of the Inquiries Act 2013 (2013 No 60).
p.000001:
p.000001: Supplementary procedure
p.000001:
p.000001: 7 Supplementary procedure
p.000001: A mortality review committee may regulate its procedure, at its meetings and otherwise, in any manner
p.000001: not inconsistent with this Act it thinks fit.
p.000001: Schedule 6
p.000001: Further provisions applying to Pharmac, NZBS, HPA, and HQSC
p.000001: s 70
p.000001: Schedule 6 heading: amended, on 1 July 2012, by section 11(1) of the New Zealand Public Health and Disability Amendment Act 2012
p.000001: (2012 No 41).
p.000001: Schedule 6 heading: amended, on 9 November 2010, by section 26(1) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001:
p.000001:
p.000001: Contents
p.000001: Meaning of organisation
p.000001: 1 Meaning of organisation
p.000001: Members
p.000001: [Repealed]
p.000001: 2 Members [Repealed]
...
General/Other / Dependent
Searching for indicator dependent:
(return to top)
p.000001: (iii) imposing procedural requirements (such as a requirement for consultation) that must be
p.000001: complied with in the preparation of the plan:
p.000001: (h) [Repealed]
p.000001: (i) prescribing standard provisions that are to be regarded as being included in all Crown funding
p.000001: agreements between the Crown and DHBs:
p.000001: (j) providing for any other matters contemplated by this Act or necessary for its administration or
p.000001: necessary for giving it full effect.
p.000001: (2) The Governor-General may, by Order in Council made on the recommendation of the Minister, make
p.000001: regulations prescribing rules by which disputes or differences between any 1 or more publicly-owned
p.000001: health and disability organisations or providers of services or other persons are to be mediated or
p.000001: arbitrated.
p.000001: (3) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
p.000001: (a) providing for the issue of entitlement cards (including cards that may record information of any
p.000001: description that is capable of being read or processed by a computer, but not including cards that
p.000001: are themselves capable of processing information) to various classes of persons or the continuation
p.000001: of use of such cards issued under the Health Entitlement Cards Regulations 1993:
p.000001: (b) prescribing the classes of persons eligible to be issued with the cards:
p.000001: (c) prescribing and regulating the use of the cards, including (but not limited to)—
p.000001: (i) their use to obtain any payment or exemption from payment for health services or disability
p.000001: support services supplied to the holder of a card, or his or her dependent spouse or partner or
p.000001: child:
p.000001: (ii) specifying time limits on the validity of the cards:
p.000001: (iii) requiring holders to return the cards to the Ministry of Health:
p.000001: (iv) any other conditions relating to their use:
p.000001: (d) providing for reviews or appeals, or both, of any decisions made under any regulations authorised
p.000001: by paragraphs (a) to (c):
p.000001: (e) prescribing offences relating to the improper use of the cards and the fines (not exceeding $10,000)
p.000001: that may be imposed in respect of any such offences.
p.000001: (4) The Health Entitlement Card Regulations 1993 are deemed to have been made under subsection (3) and
p.000001: may be amended or revoked accordingly.
p.000001: (5) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the
p.000001: following purposes:
p.000001: (a) providing for returns to be made by persons importing into or manufacturing in New Zealand any
p.000001: alcohol, or any class or kind of alcohol, for the purpose of ascertaining the amount of any levy
p.000001: payable under this Act, and providing for the verification of returns:
p.000001: (b) exempting any person or class of persons from paying any levy that would otherwise be payable
p.000001: under this Act in any case where the cost of assessing or collecting the levy exceeds the amount
p.000001: payable by way of the levy:
p.000001: (c) amending or replacing the table in Schedule 4B, and amending, omitting, or reinserting the
p.000001: description of the method for determining variable rates.
p.000001: (6) Regulations under subsection (5)(c) may be made only—
p.000001: (a) for the purpose of aligning the rates for classes of alcohol under this Act with the classification
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.000001: constituency of a DHB, the Minister may request the Minister of Local Government to refer the question to
p.000001: the Local Government Commission for inquiry and report.
p.000001: Compare: 1983 No 134 s 8E
p.000001:
p.000001:
p.000001:
p.000001: Schedule 3
p.000001: Provisions applying to DHBs and their boards
p.000001: s 45(1)
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Members
p.000001: 2 Appointed members
p.000001: 3 Elected members
p.000001: 4 Terms or conditions of office, and remuneration [Repealed]
p.000001: 5 Training relating to members’ obligations and duties
p.000001: 6 Resignation [Repealed]
p.000001: 7 Vacation of office
p.000001: 8 Removal from office
p.000001: 9 Reasons for removal of elected members
p.000001: Chairperson and deputy chairperson
p.000001: 10 Chairperson and deputy chairperson
p.000001: 11 Resignation
p.000001: 12 Vacation of office
p.000001: 13 Removal from office
p.000001: Teleconferences
p.000001: 14 Teleconferences
p.000001: 15 Further provisions relating to teleconferences [Repealed]
p.000001: Notice of meetings
p.000001: 16 Meetings of boards to be publicly notified
p.000001: 17 Meetings not publicly notified in accordance with clause 16
p.000001: 18 Members to be notified of meetings
p.000001: Information relating to meetings
p.000001: 19 Availability of agendas and reports
p.000001: 20 Availability of agendas and reports in special circumstances
p.000001: 21 Public may inspect or request copies of minutes of meeting
p.000001: 22 Public notification of resolution at emergency meeting
p.000001: 23 Defamatory matter in copy of agenda or additional particulars supplied to public or in
p.000001: minutes of meeting
p.000001: 24 Oral statements at meetings privileged
p.000001: Procedure at meetings
p.000001: 25 Quorum
p.000001: 26 Further provisions relating to quorum
p.000001: 27 Presiding member
p.000001: 28 Dealing with items not on agenda for meeting
p.000001: 29 Voting
p.000001: 30 Supplementary procedure
p.000001: Admission of public
p.000001: 31 Admission of public
p.000001: 32 Right of board to exclude public
p.000001: 33 Resolution excluding public
p.000001: 34 Provisions applying when meeting open to public
p.000001: 35 Maintenance of order
p.000001: Disclosure of members’ interests
p.000001: 36 Disclosure of interests
p.000001: 37 Minister may waive or modify application of clause 36(2)
p.000001: Committees
p.000001: 38 Committees
p.000001: Delegations
p.000001: 39 Delegations
p.000001:
p.000001: 40 Effect of delegation
p.000001: Seal
p.000001: [Repealed]
p.000001: 41 Seal [Repealed]
p.000001: Contracts and other enforceable obligations
p.000001: [Repealed]
p.000001: 42 Contracts and other enforceable obligations [Repealed]
p.000001: Dealings with land
p.000001: 43 Dealings with land
p.000001: Employees of DHBs
p.000001: 44 Employees of DHBs
p.000001: Borrowing and investment
p.000001: 45 Borrowing
p.000001: 45A Restrictions on giving of guarantees and indemnities and the use of derivatives
p.000001: 46 Investment
p.000001: Tax status
p.000001: [Repealed]
p.000001: 47 Tax status [Repealed]
p.000001: Address for service
p.000001: [Repealed]
p.000001: 48 Address for service [Repealed]
p.000001: Public Records Act 2005 to apply
p.000001: 49 Public Records Act 2005 to apply
p.000001:
p.000001: Interpretation
p.000001:
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: district, in relation to a DHB, means the geographical area opposite to the DHB in column 2 of Schedule
p.000001: 1
p.000001: meeting, in relation to a board, means any annual, biennial, triennial, ordinary, special, or emergency
p.000001: meeting of the board at which resolutions or decisions of the board are made
p.000001: minutes, in relation to a meeting of a board, means any record of the meeting
p.000001: publicly notify, in relation to a board of a DHB, means to give the resident population of the DHB notice
p.000001: by advertisements in 1 or more newspapers circulating in the district of the DHB, or by advertisements of
p.000001: that kind and any 1 or more of the following means:
p.000001: (a) printed placards affixed to public places in that district:
p.000001: (b) radio or television broadcasts:
p.000001: (c) notices available on the Internet, or given by any other electronic means.
p.000001: Compare: 1987 No 174 ss 2(1), 45
p.000001:
p.000001: Members
p.000001:
p.000001: 2 Appointed members
p.000001: (1) Appointed members of the board of a DHB—
p.000001: (a) [Repealed]
p.000001: (b) are eligible for reappointment unless they have held office for 6 consecutive years, in which case
p.000001: they must not be reappointed immediately unless the Minister consents in writing to them being re-
p.000001: appointed immediately and holding office consecutively for longer than 6 years but not exceeding 9
p.000001: years:
p.000001: (c) may also hold office as appointed members of the board of 1 or more other DHBs.
p.000001: (2) Subclause (1)(b) applies despite section 32(2) of the Crown Entities Act 2004.
p.000001: Schedule 3 clause 2(1)(a) : repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 3 clause 2(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 3 Elected members
p.000001: Elected members of the board of a DHB,—
p.000001: (a) if they have not ceased to hold that office earlier and are not re-elected in the next triennial election
...
p.000001: (ii) a quorum of members can simultaneously communicate with each other throughout the
p.000001: meeting.
p.000001: (2) For the avoidance of doubt, all the provisions of this schedule relating to meetings of a board (including,
p.000001: without limitation, the requirement for public admission to meetings) apply to a meeting held in accordance
p.000001: with subclause (1)(b).
p.000001: Schedule 3 clause 14: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 15 Further provisions relating to teleconferences
p.000001: [Repealed]
p.000001: Schedule 3 clause 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Notice of meetings
p.000001: 16 Meetings of boards to be publicly notified
p.000001: (1) Each board must, not more than 14 days and not less than 5 days before the end of each month, publicly
p.000001: notify a list of all meetings of that board scheduled to be held in the following month, together with the
p.000001: dates on which, and the times and places at which, the meetings are to be held.
p.000001: (2) However, if a meeting of a board is to be held on or after the 21st day of any month, the board may,
p.000001: instead of publicly notifying the meeting under subclause (1), publicly notify the meeting not more than 10
p.000001: nor less than 5 working days before the day on which the meeting is to be held.
p.000001: (3) If a special meeting of a board is called and notice of the meeting cannot be given in the manner required
p.000001: or permitted by this clause, the board must publicly notify or otherwise advertise the meeting, and the
p.000001: general nature of business to be transacted at the meeting, as soon as practicable before the meeting is
p.000001: to be held.
p.000001: (4) If an emergency meeting of a board is called and notice of the meeting cannot be given in the manner
p.000001: required or permitted by this clause for a scheduled or special meeting, the board or member of the board
p.000001: calling the meeting must give any public notice of the meeting and the business to be transacted at the
p.000001: meeting that is reasonable in the circumstances.
p.000001: Compare: 1987 No 174 s 46(1)–(4)
p.000001:
p.000001: 17 Meetings not publicly notified in accordance with clause 16
p.000001: (1) No meeting of a board is invalid just because it was not publicly notified in accordance with clause 16.
p.000001: (2) If a board becomes aware that any meeting of the board has not been publicly notified in accordance with
p.000001: clause 16, the board must, as soon as practicable, give public notice that the meeting was not so notified,
p.000001: and must, in that notice,—
p.000001: (a) state the general nature of the business transacted at the meeting; and
p.000001: (b) give the reasons why the meeting was not so notified.
p.000001: Compare: 1987 No 174 s 46(5), (6)
p.000001:
p.000001: 18 Members to be notified of meetings
p.000001: (1) The chairperson must ensure that each member of a board is given notice of a meeting of the board as
p.000001: early as practicable before the meeting is to be held.
p.000001: (2) The notice must be written, and may be given by delivery or by electronic transmission (for example, by
p.000001: fax or email).
p.000001: (3) For the purposes of subclause (1), it is enough if the chairperson made all reasonable efforts to ensure
p.000001: each member was given the notice by the time required under that subclause.
p.000001:
p.000001: Information relating to meetings
p.000001:
p.000001: 19 Availability of agendas and reports
p.000001: (1) Any member of the public may, without payment of any fee, inspect, during normal office hours, within a
p.000001: period of at least 2 working days before every meeting of a board, all agendas and associated reports
p.000001: circulated to members of the board and relating to the meeting.
p.000001: (2) The board must, from time to time, authorise a person to act for it for the purposes of this subclause, and
p.000001: that person—
p.000001: (a) may exclude from the reports made available any reports or items from reports he or she
p.000001: reasonably expects the meeting to discuss with the public excluded; and
p.000001: (b) must indicate on each agenda items he or she reasonably expects the meeting to discuss with the
p.000001: public excluded.
p.000001: (3) The agendas must be available for inspection at a place or places within the district, and must be
p.000001: accompanied by either—
p.000001: (a) the associated reports; or
p.000001: (b) a notice specifying the place or places at which the associated reports may be inspected.
p.000001: (4) The associated reports must be available for inspection at a place or places within the district.
p.000001: (5) Any member of the public may take notes from any agenda or report inspected by that member of the
p.000001: public.
p.000001: (6) Every member of the public who inspects an agenda or report made available under this clause and
p.000001: requests a copy of all or any part of any such agenda or report must, if he or she tenders an amount that
p.000001: represents the reasonable costs of making one available, be given such a copy as soon as practicable.
p.000001: (7) This clause is subject to clause 20.
p.000001: Compare: 1987 No 174 s 46A(1)–(5), (8)–(9)
p.000001:
p.000001: 20 Availability of agendas and reports in special circumstances
p.000001: (1) If a meeting is an emergency meeting or a special meeting called pursuant to a resolution of the board,
p.000001: the agenda and any associated reports must be made available as soon as is reasonable in the
p.000001: circumstances.
p.000001: (2) The board must, from time to time, authorise a person to act for it for the purposes of this subclause, and
p.000001: that person—
p.000001: (a) may exclude from the reports made available any reports or items from reports that the meeting
p.000001: discussed with the public excluded; and
p.000001: (b) must indicate on each agenda items the meeting discussed with the public excluded.
p.000001: Compare: 1987 No 174 s 46A(6), (8)–(9)
p.000001:
p.000001: 21 Public may inspect or request copies of minutes of meeting
p.000001: (1) Any member of the public may, within a reasonable time after any meeting of a board, without payment of
p.000001: any fee and during normal office hours, inspect the minutes of the meeting or any part of it, unless it was a
p.000001: meeting or part of a meeting from which the public was excluded.
p.000001: (2) The minutes must be available for inspection at a place or places within the district.
p.000001: (3) Any member of the public may take notes from any minutes inspected by that member of the public.
p.000001: (4) Every member of the public inspecting any such minutes who requests a copy of all or any part of those
p.000001: minutes must, if he or she tenders an amount equal to the reasonable costs of making one available, be
p.000001: given such a copy.
p.000001: (5) If any person requests a copy of the minutes of any meeting or part of a meeting from which the public
p.000001: was excluded, the board must deal with the request as follows:
p.000001: (a) if it is made by or on behalf of a natural person, and is for access to any personal information that is
p.000001: about that person, as if it were a request made under subclause (1)(b) of principle 6 of the Privacy
p.000001: Act 1993:
p.000001: (b) in any other case, as if it were a request for access to official information made under the Official
p.000001: Information Act 1982.
p.000001: Compare: 1987 No 174 s 51
p.000001:
p.000001: 22 Public notification of resolution at emergency meeting
p.000001: If a resolution is passed at an emergency meeting of a board, the board must publicly notify the resolution
p.000001: as soon as practicable, unless it was passed at a meeting or part of a meeting from which the public was
p.000001: excluded.
p.000001: Compare: 1987 No 174 s 51A
p.000001:
p.000001: 23 Defamatory matter in copy of agenda or additional particulars supplied to public or
p.000001: in minutes of meeting
p.000001: (1) This clause applies if all or any part of a meeting of any board is open to the public, and—
p.000001: (a) a copy of the agenda for the meeting, with or without further statements or particulars for the
p.000001: purpose of indicating the nature of any item included in the agenda, is supplied to a member of the
p.000001: public; or
p.000001: (b) the minutes of the meeting or part are produced, for inspection, to any member of the public, or a
p.000001: copy of them is given to any member of the public.
p.000001: (2) The publication, in that way, of any defamatory matter in the agenda, or in the further statements or
p.000001: particulars, or in the minutes, is privileged.
p.000001: (3) This clause does not apply if, in any proceedings for defamation in respect of that publication, the plaintiff
p.000001: proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: Compare: 1987 No 174 s 52
p.000001:
p.000001: 24 Oral statements at meetings privileged
p.000001: (1) Any oral statement made at any meeting of a board in accordance with the rules that have been adopted
p.000001: by the board for the guidance and order of its meetings is privileged.
p.000001: (2) This clause does not apply if, in any proceedings for defamation in respect of the statement, the plaintiff
...
p.000001: 2 Functions of community and public health advisory committees
p.000001: Functions of disability support advisory committees
p.000001: 3 Functions of disability support advisory committees
p.000001: Functions of hospital advisory committees
p.000001: 4 Functions of hospital advisory committees
p.000001: Other functions
p.000001: 5 Committees may be given other functions by Order in Council
p.000001: Members
p.000001: 6 Members
p.000001: 7 Terms or conditions of office, and remuneration
p.000001: 8 Resignation
p.000001: 9 Vacation of office
p.000001: 10 Removal from office
p.000001: Chairperson and deputy chairperson
p.000001: 11 Chairperson and deputy chairperson
p.000001: 12 Resignation
p.000001: 13 Vacation of office
p.000001: 14 Removal from office
p.000001: Board to notify Minister of appointments, etc
p.000001: 15 Board to notify Minister of appointments, etc
p.000001: Teleconferences
p.000001: 16 Teleconferences
p.000001: 17 Further provisions relating to teleconferences [Repealed]
p.000001: Notice of meetings
p.000001: 18 Meetings of committees to be publicly notified
p.000001: 19 Meetings not publicly notified in accordance with clause 18
p.000001: 20 Members to be notified of meetings
p.000001: Information relating to meetings
p.000001: 21 Availability of agendas and reports
p.000001: 22 Availability of agendas and reports in special circumstances
p.000001: 23 Public may inspect or request copies of minutes of meeting
p.000001: 24 Public notification of resolution at emergency meeting
p.000001: 25 Defamatory matter in copy of agenda or additional particulars supplied to public or in
p.000001: minutes of meeting
p.000001: 26 Oral statements at meetings privileged
p.000001: Procedure at meetings
p.000001: 27 Quorum
p.000001: 28 Further provisions relating to quorum
p.000001: 29 Presiding member
p.000001: 30 Dealing with items not on agenda for meeting
p.000001: 31 Voting
p.000001: 32 Supplementary procedure
p.000001: Admission of public
p.000001: 33 Admission of public
p.000001: 34 Right of committee to exclude public
p.000001: 35 Resolution excluding public
p.000001: 36 Provisions applying when meeting open to public
p.000001: 37 Maintenance of order
p.000001: Disclosure of members’ interests
p.000001: 38 Disclosure of interests
p.000001: 39 Board may waive or modify application of clause 38(2)
p.000001:
p.000001: Interpretation
p.000001:
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: board, in relation to a committee, means the board that established the committee, being the board of a
p.000001: DHB
p.000001: committee means the community and public health advisory committee, disability support advisory
p.000001: committee, or hospital advisory committee, of the board
p.000001: district, in relation to a committee of the board of a DHB, means the geographical area opposite to the
p.000001: DHB in column 2 of Schedule 1
p.000001: meeting, in relation to a committee, means any annual, biennial, triennial, ordinary, special, or emergency
p.000001: meeting of the committee at which resolutions or decisions of the committee are made
p.000001: minutes, in relation to a meeting of a committee, means any record of the meeting
p.000001: publicly notify, in relation to a committee of the board of a DHB, means to give the resident population of
p.000001: the DHB notice by advertisements in 1 or more newspapers circulating in the district of the DHB, or by
p.000001: advertisements of that kind and any 1 or more of the following means:
p.000001: (a) printed placards affixed to public places in that district:
p.000001: (b) radio or television broadcasts:
p.000001: (c) notices available on the Internet, or given by any other electronic means.
p.000001: Compare: 1987 No 174 ss 2(1), 45
p.000001:
p.000001: Functions of community and public health advisory committees
p.000001:
p.000001: 2 Functions of community and public health advisory committees
p.000001: (1) The functions of the community and public health advisory committee of the board of a DHB are to give
p.000001: the board advice on—
p.000001: (a) the needs, and any factors that the committee believes may adversely affect the health status, of the
p.000001: resident population of the DHB; and
p.000001: (b) priorities for use of the health funding provided.
p.000001: (2) The aim of a community and public health advisory committee’s advice must be to ensure that the
p.000001: following maximise the overall health gain for the population the committee serves:
p.000001: (a) all service interventions the DHB has provided or funded or could provide or fund for that population:
p.000001: (b) all policies the DHB has adopted or could adopt for that population.
p.000001: (3) A community and public health advisory committee’s advice may not be inconsistent with the New
p.000001: Zealand health strategy.
p.000001:
...
p.000001: meeting.
p.000001: (2) For the avoidance of doubt, all the provisions of this schedule relating to meetings of a committee (for
p.000001: example, the requirement for public admission to meetings) apply to a meeting held in accordance with
p.000001: subclause (1)(b).
p.000001: Schedule 4 clause 16: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: 17 Further provisions relating to teleconferences
p.000001: [Repealed]
p.000001: Schedule 4 clause 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Notice of meetings
p.000001:
p.000001: 18 Meetings of committees to be publicly notified
p.000001: (1) Each committee must, not more than 14 days and not less than 5 days before the end of each month,
p.000001: publicly notify a list of all meetings of the committee scheduled to be held in the following month, together
p.000001: with the dates on which, and the times and places at which, the meetings are to be held.
p.000001: (2) However, if a meeting of a committee is to be held on or after the 21st day of any month, the committee
p.000001: may, instead of publicly notifying the meeting under subclause (1), publicly notify the meeting not more
p.000001: than 10 nor less than 5 working days before the day on which the meeting is to be held.
p.000001: (3) If a special meeting of a committee is called and notice of the meeting cannot be given in the manner
p.000001: required or permitted by this clause, the committee must publicly notify or otherwise advertise the meeting,
p.000001: and the general nature of business to be transacted at the meeting, as soon as practicable before the
p.000001: meeting is to be held.
p.000001: (4) If an emergency meeting of a committee is called and notice of the meeting cannot be given in the manner
p.000001: required or permitted by this clause for a scheduled or special meeting, the committee or member of the
p.000001: committee calling the meeting must give any public notice of the meeting and the business to be
p.000001: transacted at the meeting that is reasonable in the circumstances.
p.000001: Compare: 1987 No 174 s 46(1)–(4)
p.000001:
p.000001: 19 Meetings not publicly notified in accordance with clause 18
p.000001: (1) No meeting of a committee is invalid just because it was not publicly notified in accordance with clause 18.
p.000001: (2) If a committee becomes aware that any meeting of the committee has not been publicly notified in
p.000001: accordance with clause 18, the committee must, as soon as practicable, give public notice that the
p.000001: meeting was not so notified, and must, in that notice,—
p.000001: (a) state the general nature of the business transacted at the meeting; and
p.000001: (b) give the reasons why the meeting was not so notified.
p.000001: Compare: 1987 No 174 s 46(5), (6)
p.000001:
p.000001: 20 Members to be notified of meetings
p.000001: (1) The chairperson must ensure that each member of a committee is given notice of a meeting of the
p.000001: committee as early as practicable before the meeting is to be held.
p.000001: (2) The notice must be written, and may be given by delivery or by electronic transmission (for example, by
p.000001: fax or email).
p.000001: (3) For the purposes of subclause (1), it is enough if the chairperson made all reasonable efforts to ensure
p.000001: each member was given the notice by the time required under that subclause.
p.000001:
p.000001: Information relating to meetings
p.000001:
p.000001: 21 Availability of agendas and reports
p.000001: (1) Any member of the public may, without payment of any fee, inspect, during normal office hours, within a
p.000001: period of at least 2 working days before every meeting of a committee, all agendas and associated
p.000001: reports circulated to members of the committee and relating to the meeting.
p.000001: (2) The committee must, from time to time, authorise a person to act for it for the purposes of this subclause,
p.000001: and that person—
p.000001: (a) may exclude from the reports made available any reports or items from reports he or she
p.000001: reasonably expects the meeting to discuss with the public excluded; and
p.000001: (b) must indicate on each agenda items he or she reasonably expects the meeting to discuss with the
p.000001: public excluded.
p.000001: (3) The agendas must be available for inspection at a place or places within the district, and must be
p.000001: accompanied by either—
p.000001: (a) the associated reports; or
p.000001: (b) a notice specifying the place or places at which the associated reports may be inspected.
p.000001: (4) The associated reports must be available for inspection at a place or places within the district.
p.000001: (5) Any member of the public may take notes from any agenda or report inspected by that member of the
p.000001: public.
p.000001: (6) Every member of the public who inspects an agenda or report made available under this clause and
p.000001: requests a copy of all or any part of any such agenda or report must, if he or she tenders an amount that
p.000001: represents the reasonable costs of making one available, be given such a copy as soon as practicable.
p.000001: (7) This clause is subject to clause 22.
p.000001: Compare: 1987 No 174 s 46A(1)–(5), (8)–(9)
p.000001:
p.000001: 22 Availability of agendas and reports in special circumstances
p.000001: (1) If a meeting is an emergency meeting or a special meeting called pursuant to a resolution of the
p.000001: committee, the agenda and any associated reports must be made available as soon as is reasonable in
p.000001: the circumstances.
p.000001: (2) The committee must, from time to time, authorise a person to act for it for the purposes of this subclause,
p.000001: and that person—
p.000001: (a) may exclude from the reports made available any reports or items from reports that the meeting
p.000001: discussed with the public excluded; and
p.000001: (b) must indicate on each agenda items the meeting discussed with the public excluded.
p.000001: Compare: 1987 No 174 s 46A(6), (8)–(9)
p.000001:
p.000001: 23 Public may inspect or request copies of minutes of meeting
p.000001: (1) Any member of the public may, within a reasonable time after any meeting of a committee, without
p.000001: payment of any fee and during normal office hours, inspect the minutes of the meeting or any part of it,
p.000001: unless it was a meeting or part of a meeting from which the public was excluded.
p.000001: (2) The minutes must be available for inspection at a place or places within the district.
p.000001: (3) Any member of the public may take notes from any minutes inspected by that member of the public.
p.000001: (4) Every member of the public inspecting any such minutes who requests a copy of all or any part of those
p.000001: minutes must, if he or she tenders an amount equal to the reasonable costs of making one available, be
p.000001: given such a copy.
p.000001: (5) If any person requests a copy of the minutes of any meeting or part of a meeting from which the public
p.000001: was excluded, the committee must deal with the request as follows:
p.000001: (a) if it is made by or on behalf of a natural person, and is for access to any personal information that is
p.000001: about that person, as if it were a request made under subclause (1)(b) of principle 6 of the Privacy
p.000001: Act 1993:
p.000001: (b) in any other case, as if it were a request for access to official information made under the Official
p.000001: Information Act 1982.
p.000001: Compare: 1987 No 174 s 51
p.000001:
p.000001: 24 Public notification of resolution at emergency meeting
p.000001: If a resolution is passed at an emergency meeting of a committee, the committee must publicly notify the
p.000001: resolution as soon as practicable, unless it was passed at a meeting or part of a meeting from which the
p.000001: public was excluded.
p.000001: Compare: 1987 No 174 s 51A
p.000001:
p.000001: 25 Defamatory matter in copy of agenda or additional particulars supplied to public or
p.000001: in minutes of meeting
p.000001: (1) This clause applies if all or any part of a meeting of any committee is open to the public, and—
p.000001: (a) a copy of the agenda for the meeting, with or without further statements or particulars for the
p.000001: purpose of indicating the nature of any item included in the agenda, is supplied to a member of the
p.000001: public; or
p.000001: (b) the minutes of the meeting or part are produced, for inspection, to any member of the public, or a
p.000001: copy of them is given to any member of the public.
p.000001: (2) The publication, in that way, of any defamatory matter in the agenda, or in the further statements or
p.000001: particulars, or in the minutes, is privileged.
p.000001: (3) This clause does not apply if, in any proceedings for defamation in respect of that publication, the plaintiff
p.000001: proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: Compare: 1987 No 174 s 52
p.000001:
p.000001: 26 Oral statements at meetings privileged
p.000001: (1) Any oral statement made at any meeting of a committee in accordance with the rules that have been
p.000001: adopted by the committee for the guidance and order of its meetings is privileged.
p.000001: (2) This clause does not apply if, in any proceedings for defamation in respect of the statement, the plaintiff
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.000001: 70G Savings
p.000001: Part 5
p.000001: Inquiries
p.000001: Inquiries and investigations under Commissions of Inquiry Act 1908
p.000001: 71 Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct
p.000001: inquiry or investigation
p.000001: Special health inquiries
p.000001: 72 Minister may appoint inquiry board to conduct special health inquiry
p.000001: 73 Consultation required before inquiry board appointed to inquire into certain matters
p.000001: 74 Discussion required before inquiry board appointed
p.000001: 75 Establishment and alteration of inquiry
p.000001: 76 Protection of inquiry board
p.000001: 77 Instructions as to procedure
p.000001: 78 Further requirements as to procedure
p.000001: 79 Inquiry hearings and evidence generally to be public
p.000001: 80 Supplementary procedure
p.000001: 81 Evidence
p.000001: 82 Powers to investigate
p.000001: 83 Power to summon witnesses
p.000001: 84 Service of summons
p.000001: 85 Protection of witnesses
p.000001: 86 Offences
p.000001: Part 6
p.000001: Miscellaneous provisions
p.000001: 87 Saving of certain transactions
p.000001: 88 Arrangements relating to payments
p.000001: 89 Principles of national consistency applicable to notices under section 88
p.000001: 90 Exclusion of liability
p.000001: 91 No compensation for loss of office
p.000001: 92 Regulations
p.000001: Part 7
p.000001: Transitional and consequential provisions
p.000001: 93 Interpretation
p.000001: Assets and liabilities of dissolved entities to vest in publicly-owned health and disability
p.000001: organisations
p.000001: 94 Health Funding Authority dissolved and assets and liabilities vested in the Crown
p.000001: 95 Hospital and health services dissolved and assets and liabilities vested in DHBs
p.000001: 96 Assets and liabilities of New Zealand Blood Service Limited vested in NZBS
p.000001: 97 Former directors of New Zealand Blood Service Limited to be transitional members of
p.000001: NZBS
p.000001: 98 Pharmaceutical Management Agency Limited dissolved and assets and liabilities
p.000001: vested in Pharmac
p.000001: 99 Former directors of Pharmaceutical Management Agency Limited to be transitional
p.000001: members of board of Pharmac
p.000001: 100 Health Sector (Transfers) Act 1993 to apply to vestings under this Act
p.000001: 101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of
p.000001: dissolved entities and certain employees of Ministry of Health
p.000001: 102 References to dissolved entities to be references to their successors
p.000001: 103 Persons in whom assets and liabilities vested deemed dissolved entities for certain
p.000001: purposes
p.000001: Transitional provisions relating to annual reports and financial statements of dissolved
p.000001: entities
p.000001: 104 Meaning of final report
p.000001: 105 Final reports of dissolved entities
p.000001: All positions on boards of DHBs filled by appointment until first elections
p.000001: 106 Transitional board members
p.000001: Amendments to other Acts
p.000001: 107 Amendments to Commerce Act 1986
p.000001: 108 Amendments to State Sector Act 1988
p.000001: 109 Amendment to Mental Health Commission Act 1998
p.000001: Consequential repeals, revocations, and amendments
p.000001: 110 Consequential repeals and revocations
p.000001: 111 Consequential amendments
p.000001: 112 Saving
p.000001: Appropriations for purposes of Act
p.000001: 113 Interim authority of Crown to incur liabilities
p.000001: Transitional provisions relating to New Zealand health strategy and New Zealand
p.000001: disability strategy
p.000001: 114 Consultation for first New Zealand health strategy and first New Zealand disability
p.000001: strategy
p.000001: Schedule 1
p.000001: DHBs and their geographical areas
p.000001: Schedule 2
p.000001: Membership of boards: Election and appointment of members, and effect of
p.000001: boundary changes on membership
p.000001: Schedule 3
p.000001: Provisions applying to DHBs and their boards
p.000001: Schedule 4
p.000001: Provisions applying to community and public health advisory committees,
p.000001: disability support advisory committees, and hospital advisory committees
p.000001: Schedule 4A
p.000001: Provisions relating to imposition and payment of HPA levies
p.000001: Schedule 4B
p.000001: Classes of alcohol and rates for each class
p.000001: Schedule 5
p.000001: Provisions applying to mortality review committees
p.000001: Schedule 6
p.000001: Further provisions applying to Pharmac, NZBS, HPA, and HQSC
p.000001: Schedule 7
p.000001: Vesting of assets and liabilities of hospital and health services in DHBs
p.000001: Schedule 8
p.000001: Consequential revocations of instruments
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: Schedule 10
p.000001: Consequential amendments to other instruments
p.000001:
p.000001: New Zealand Public Health and Disability Amendment Act 2010
p.000001: New Zealand Public Health and Disability Amendment Act 2012
p.000001: Reprint notes
p.000001:
p.000001:
p.000001: 1 Title
...
p.000001: to 36 and Schedule 4)), but may also establish other committees (Schedule 3— clause 38(1)).
p.000001: (5) A statutory entity called the Pharmaceutical Management Agency ( Pharmac) is established (Part 4
p.000001: —sections 46 to 53, and sections 61 to 69, and Schedule 6), and takes over functions relating to the
p.000001: pharmaceutical schedule from the company called Pharmaceutical Management Agency Limited, which is
p.000001: dissolved (Part 7).
p.000001: (6) A statutory entity called the New Zealand Blood Service ( NZBS) is established (Part 4—sections 54 to 56,
p.000001: and sections 61 to 69, and Schedule 6), and takes over functions relating to blood and controlled human
p.000001: substances from the company called New Zealand Blood Service Limited, which is dissolved (Part 7).
p.000001: (7) A Crown entity called the Health Promotion Agency ( HPA) is established (Part 4—sections 57 to 59).
p.000001: (7A) A statutory entity called the Health Quality and Safety Commission ( HQSC) is established (Part 4
p.000001: —sections 59A to 59E, 60, 61, 66, 67, and 69 and Schedule 6), and has functions that relate to the
p.000001: improvement of the quality and safety of health and disability support services.
p.000001: (8) Inquiry boards may be appointed by the Minister of Health to conduct an inquiry into, and report to the
p.000001: Minister on, matters like the funding or provision of health services or disability support services, or the
p.000001: management of any publicly-owned health and disability organisation (Part 5—sections 72 to 86).
p.000001: (9) The Health Funding Authority (HFA) is dissolved, and its functions, employees, and assets and liabilities
p.000001: transferred to the Crown, acting through the Ministry of Health (Part 7). However, funding of the provision
p.000001: of health services or disability support services may be further devolved under this Act.
p.000001: (10) Subsections (1) to (9) are only a guide to the general scheme and effect of this Act.
p.000001: Section 5(3)(d): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(3)(e): amended, on 24 February 2011, by section 4(1) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2011 No 118).
p.000001: Section 5(3)(e): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(6): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 5(7): replaced, on 1 July 2012, by section 4 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 5(7A): inserted, on 9 November 2010, by section 4(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 6 Interpretation
p.000001: (1) In this Act, unless the context otherwise requires,—
p.000001: board, in relation to a publicly-owned health and disability organisation, means the members of the board
p.000001: of the organisation
...
p.000001: Entities Act 2004
p.000001: Crown funding agreement has the meaning given to it by section 10
p.000001: DHB means an organisation established as a DHB by or under section 19
p.000001: Director-General means the chief executive or acting chief executive under the State Sector Act 1988 of
p.000001: the Ministry of Health
p.000001: disability support advisory committee means a committee established under section 35
p.000001: disability support services includes goods, services, and facilities—
p.000001: (a) provided to people with disabilities for their care or support or to promote their inclusion and
p.000001: participation in society, and independence; or
p.000001: (b) provided for purposes related or incidental to the care or support of people with disabilities or to the
p.000001: promotion of the inclusion and participation in society, and independence of such people
p.000001: eligible people means people who are eligible to receive services funded under this Act, as specified by
p.000001: the Minister in a direction issued under section 103 of the Crown Entities Act 2004
p.000001: good employer has the same meaning as in section 118 of the Crown Entities Act 2004
p.000001: health practitioner—
p.000001: (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act
p.000001: 2003; and
p.000001: (b) includes—
p.000001: (i) a former health practitioner within the meaning of that section; and
p.000001: (ii) a person who is receiving training or gaining experience under the supervision of a health
p.000001: practitioner
p.000001: health professional body has the same meaning as that given to the term authority by section 5(1) of
p.000001: the Health Practitioners Competence Assurance Act 2003
p.000001: health services means personal health services and public health services
p.000001: hospital advisory committee means a committee established under section 36
p.000001: HPA means the Health Promotion Agency established by section 57
p.000001: HQSC means the Health Quality and Safety Commission established by section 59A(1)
p.000001: inquiry board has the meaning specified in section 72(1)
p.000001: Maori, in sections 29(4), 34, 35, and 36, and clause 38(2) of Schedule 3, means a person of the Maori
p.000001: race of New Zealand, and includes any descendant of such a person
p.000001: Minister means the Minister of Health
p.000001: Ministry of Health means the department of the Public Service referred to by that name
p.000001: monitor, in relation to a Crown funding agreement and in relation to the functions specified in section
p.000001: 23(1)(i) and in section 25,—
p.000001: (a) means to analyse on the basis of information provided under any relevant agreement and any other
p.000001: relevant substantiated information; and
p.000001: (b) includes assessing the timeliness of provision of information required to be provided under any
p.000001: agreement
p.000001: New Zealand disability strategy means a strategy referred to in section 8(2)
p.000001: New Zealand health strategy means a strategy referred to in section 8(1)
p.000001: NZBS means the New Zealand Blood Service established by section 54
p.000001: partner, in the phrase “spouse or partner” and in related contexts, means a civil union partner or de facto
p.000001: partner
p.000001: personal health means the health of an individual
...
p.000001: (8) In subsection (1)(ba), relevant organisations means 1 or more organisations that a DHB considers
p.000001: relevant to the provision of health services at a local, regional, or national level (for example, a DHB, the
p.000001: Ministry of Health, or an organisation that provides services under a service agreement).
p.000001: Section 23(1)(ba): inserted, on 9 November 2010, by section 9(1) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 23(1)(j): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003
p.000001: No 48).
p.000001: Section 23(1)(l): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 23(8): added, on 9 November 2010, by section 9(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010
p.000001: No 118).
p.000001:
p.000001: 24 Co-operative agreements and arrangements
p.000001: (1) Except as provided in subsection (2), for the purpose of performing its function under section 23(1)(b), a
p.000001: DHB may enter into a co-operative agreement or arrangement with any person (whether or not that
p.000001: person is involved in the health sector) in order to—
p.000001: (a) assist the DHB to meet its objectives set out in section 22; or
p.000001: (b) enhance health or disability outcomes for people; or
p.000001: (c) enhance efficiencies in the health sector.
p.000001: (2) A DHB may not enter into a co-operative agreement or arrangement under subsection (1) unless,—
p.000001: (a) if the consent of the Minister or authority by regulations is required for that agreement or
p.000001: arrangement by section 28, that consent or authority exists; or
p.000001: (b) in any other case, the DHB is authorised to enter into the agreement or arrangement by a plan
p.000001: prepared under section 38, or by the Minister.
p.000001: (3) Any authority given by the Minister for the purposes of subsection (2) may be given subject to any
p.000001: conditions the Minister specifies.
p.000001: (4) The Minister must, within 6 months of the commencement of this section, produce guidelines to be
p.000001: followed by DHBs in establishing co-operative agreements or arrangements under subsection (1) so that
p.000001: DHBs follow processes that are fully transparent and designed to ensure that DHBs accomplish their
p.000001: objectives in ways that—
p.000001: (a) take full account of all issues concerned; and
p.000001: (b) are effective and efficient so as to maximise the benefit to the public or group whom the agreements
p.000001: or arrangements are intended to benefit.
p.000001: (5) In determining whether or not to enter into co-operative agreements or arrangements under subsection
p.000001: (1), DHBs must comply fully with any guidelines issued under subsection (4).
p.000001: (6) As soon as practicable after issuing the guidelines for DHBs under subsection (4), the Minister must
p.000001: present to the House of Representatives a copy of those guidelines.
p.000001: Section 24(2)(b): amended, on 24 February 2011, by section 10 of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: 25 Service agreements
p.000001: (1) In this Act, service agreement means an agreement under which 1 or more DHBs agree to provide
p.000001: money to a person in return for the person providing services or arranging for the provision of services.
p.000001: (2) A DHB may, if permitted to do so by a plan prepared under section 38 and in accordance with that plan,—
p.000001: (a) negotiate and enter into service agreements containing any terms and conditions that may be
p.000001: agreed; and
p.000001: (b) negotiate and enter into agreements to amend service agreements.
...
p.000001: (4A) For the purposes of subsection (4), fees framework means the framework determined by the
p.000001: Government from time to time for the classification and remuneration of statutory and other bodies in
p.000001: which the Crown has an interest.
p.000001: (5) Any Commission appointed under subsection (1) may regulate its procedure in any manner (being a
p.000001: manner not inconsistent with any enactment or with any terms and conditions determined under
p.000001: subsection (2)) it thinks fit.
p.000001: (6) Nothing in this section limits any powers that the Minister has under any enactment or rule of law.
p.000001: Compare: 1993 No 22 s 47
p.000001: Section 71(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 71(4A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Special health inquiries
p.000001: 72 Minister may appoint inquiry board to conduct special health inquiry
p.000001: (1) The Minister may appoint a person or persons (an inquiry board) to conduct an inquiry into, and report to
p.000001: the Minister on, 1 or more of the following:
p.000001: (a) the funding or provision of health services, disability support services, or both:
p.000001: (b) the management of any publicly-owned health and disability organisation:
p.000001: (c) a complaint or matter that arises or may arise under this Act or out of the administration of this Act.
p.000001: (2) For the purposes of subsection (1)(a), the services need not be or have been funded or provided—
p.000001: (a) under this Act; or
p.000001: (b) after the commencement of this section.
p.000001: (3) The Director-General may, without further authority than this subsection, exercise the Minister’s powers
p.000001: under subsection (1) in relation to a proposed inquiry, and, if the Director-General does so, then, in relation
p.000001: to the inquiry, it is only the Director-General who—
p.000001: (a) may exercise the Minister’s powers under sections 73 to 75; and
p.000001: (b) must perform the Minister’s duties under those sections.
p.000001: (4) The Director-General must not exercise the Minister’s powers under sections 73 to 75, and perform the
p.000001: Minister’s duties under those sections, in accordance with subsection (3), unless the Director-General has
p.000001: first consulted the Minister about the Director-General doing so.
p.000001: (5) Nothing in this section, or sections 73 to 75, limits any powers that the Minister, or the Director-General,
p.000001: has under any other enactment or rule of law.
p.000001:
p.000001: 73 Consultation required before inquiry board appointed to inquire into certain matters
p.000001: (1) Subsection (2) applies if the Minister proposes to appoint an inquiry board under section 72(1) to inquire
p.000001: into a matter—
p.000001: (a) that is being investigated by the Health and Disability Commissioner; or
p.000001: (b) that is the subject of proceedings—
p.000001: (i) that relate to an alleged breach of the Code of Health and Disability Services Consumers’
p.000001: Rights; and
p.000001: (ii) that are known to the Health and Disability Commissioner; or
p.000001: (c) that includes a complaint—
p.000001: (i) that is made against, or that directly involves, a health practitioner (within the meaning of
p.000001: section 4 of the Health and Disability Commissioner Act 1994); and
...
p.000001: answering of questions put by the inquiry board, and the production of books, papers, documents,
p.000001: records, and things to the inquiry board, as witnesses have in courts of law.
p.000001: Compare: 1908 No 25 s 4C
p.000001:
p.000001: 83 Power to summon witnesses
p.000001: (1) If the Minister has given an inquiry board an instruction referred to in section 77(j) then, for the purposes
p.000001: of its inquiry, the inquiry board may issue a summons requiring any person to—
p.000001: (a) attend and give evidence; and
p.000001: (b) produce any books, papers, documents, records, or things in the person’s possession or control that
p.000001: are relevant to the subject of the inquiry.
p.000001: (2) A witness is not required to attend and give evidence or produce any things in accordance with a
p.000001: summons issued under subsection (1) unless, at the time of the service of the summons or at some other
p.000001: reasonable time before the day on which the attendance of the witness would, apart from this subsection,
p.000001: be required, there is tendered or paid to the witness a sum in respect of the witness’ allowances and
p.000001: travelling expenses in accordance with the scale prescribed for the time being by regulations made under
p.000001: the Criminal Procedure Act 2011.
p.000001: (3) The summons must be in writing and state the place and time at which the witness is required to attend.
p.000001: (4) The inquiry board may issue a summons on its own initiative or an application by any person for the
p.000001: purpose.
p.000001: (5) The power to issue the summons may be exercised by—
p.000001: (a) the sole or principal member of the inquiry board; or
p.000001: (b) any other member of the inquiry board purporting to act by direction or with the authority of the
p.000001: principal member of the inquiry board.
p.000001: Compare: 1908 No 25 s 4D
p.000001: Section 83(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
p.000001:
p.000001: 84 Service of summons
p.000001: (1) A summons to a witness may be served by—
p.000001: (a) delivering it to the witness; or
p.000001: (b) leaving it at the witness’ usual place of residence; or
p.000001: (c) posting it by registered post addressed to the witness at the witness’ usual place of residence.
p.000001: (2) The summons must be served at least 10 days before the day on which the attendance of the witness is
p.000001: required.
p.000001: (3) A summons served under subsection (1)(c) must be treated as having been served at the time when the
p.000001: letter would be delivered in the ordinary course of post.
p.000001: Compare: 1908 No 25 s 5
p.000001:
p.000001: 85 Protection of witnesses
p.000001: Every witness giving evidence, and every counsel or agent or other person appearing, before an inquiry
p.000001: board, has the same privileges and immunities as witnesses and counsel in courts of law.
p.000001: Compare: 1908 No 25 s 6
p.000001:
p.000001: 86 Offences
p.000001: (1) Every person commits an offence who, after being summoned to attend to give evidence before an
p.000001: inquiry board or to produce to it any books, papers, documents, records, or things, without sufficient
p.000001: cause,—
p.000001: (a) fails to attend in accordance with the summons; or
p.000001: (b) refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that
p.000001: the person is lawfully required by the inquiry board or any member of it to answer concerning the
p.000001: subject of the inquiry; or
...
p.000001: Section 92(1)(c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(d): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Section 92(1)(g): substituted, on 24 February 2011, by section 23(1) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001: Section 92(1)(h): repealed, on 25 December 2002, by section 51(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001: Section 92(2): amended, on 24 February 2011, by section 23(2) of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001: Section 92(3)(c)(i): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
p.000001: Section 92(5): inserted, on 1 July 2012, by section 10 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 92(6): inserted, on 1 July 2012, by section 10 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).
p.000001: Section 92(6)(a): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
p.000001:
p.000001:
p.000001:
p.000001: Part 7
p.000001: Transitional and consequential provisions
p.000001: 93 Interpretation
p.000001: In this Part, unless the context otherwise requires,—
p.000001: assets has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993
p.000001: dissolved entity means any of the following:
p.000001: (a) the Health Funding Authority:
p.000001: (b) any hospital and health service:
p.000001: (c) New Zealand Blood Service Limited:
p.000001: (d) Pharmaceutical Management Agency Limited
p.000001: Health Funding Authority means the authority continued by section 32(1) (as in force immediately before
p.000001: the commencement of this section) of the Health and Disability Services Act 1993
p.000001: hospital and health service means every company formed and registered in accordance with section 37
p.000001: of the Health and Disability Services Act 1993
p.000001: liabilities has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993
p.000001: New Zealand Blood Service Limited means the hospital and health service incorporated with the name
p.000001: New Zealand Blood Service Limited
p.000001: Pharmaceutical Management Agency Limited means the company incorporated under the Companies
p.000001: Act 1993 with the name Pharmaceutical Management Agency Limited
p.000001: transfer has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993.
p.000001:
p.000001: Assets and liabilities of dissolved entities to vest in publicly-owned health and disability
p.000001: organisations
p.000001:
p.000001: 94 Health Funding Authority dissolved and assets and liabilities vested in the Crown
p.000001: (1) The Health Funding Authority is dissolved.
p.000001: (2) No person who, immediately before the commencement of this section, held office as a director of the
p.000001: Health Funding Authority is entitled to compensation for loss of the office.
p.000001: (3) On the commencement of this section, the assets and liabilities of the Health Funding Authority vest in the
p.000001: Crown (acting, in the case of any shares vested, through the Minister and, in the case of any other assets
p.000001: or liabilities vested, through the Ministry of Health).
p.000001:
p.000001: 95 Hospital and health services dissolved and assets and liabilities vested in DHBs
p.000001: (1) Every hospital and health service is dissolved.
p.000001: (2) No person who, immediately before the commencement of this section, held office as a director of a
p.000001: hospital and health service is entitled to compensation for loss of the office.
p.000001: (3) Except as provided in subsection (4), on the commencement of this section, the assets and liabilities of
p.000001: each hospital and health service (other than New Zealand Blood Service Limited) vest in the DHB whose
p.000001: name is shown opposite the name of the hospital and health service in column 2 of Schedule 7.
p.000001: (4) The assets and liabilities vested by subsection (3) do not include rights or obligations under any contract
p.000001: of service under which a person was, before the commencement of this section, employed as the chief
p.000001: executive of a hospital and health service.
p.000001: (5) The Registrar of Companies must remove from the register of companies kept under section 360(1)(a) of
p.000001: the Companies Act 1993 the name of every hospital and health service.
p.000001: 96 Assets and liabilities of New Zealand Blood Service Limited vested in NZBS
p.000001: On the commencement of this section, the assets and liabilities of New Zealand Blood Service Limited
p.000001: vest in NZBS.
p.000001:
p.000001: 97 Former directors of New Zealand Blood Service Limited to be transitional members
p.000001: of NZBS
p.000001: (1) Every person who, on the date immediately before the commencement of this section, held office as a
...
p.000001: to comply with subsection (2), the member ceases to be a member of the board of Pharmac on that day.
p.000001:
p.000001: 100 Health Sector (Transfers) Act 1993 to apply to vestings under this Act
p.000001: (1) Section 6, sections 8 to 14, and Schedule 1 of the Health Sector (Transfers) Act 1993 apply to the
p.000001: vestings effected by sections 94 to 96 and section 98 as if—
p.000001: (a) each vesting had been effected under section 5 of that Act; and
p.000001: (b) each dissolved entity were a transferor within the meaning of that Act.
p.000001: (2) For the purposes of the Government Superannuation Fund Act 1956 , a person who, as a result of any of
p.000001: the vestings by sections 94 to 96 and section 98 becomes an employee of a transferee and who,
p.000001: immediately before becoming such an employee, was an officer or employee of a dissolved entity and a
p.000001: contributor to the Government Superannuation Fund under that Act is, so long as that person continues to
p.000001: be employed by a transferee,—
p.000001: (a) to be taken to be employed in the Government service; and
p.000001: (b) that Act applies to that person as if service with the transferee were Government service.
p.000001: (3) Subject to the Government Superannuation Fund Act 1956 , nothing in subsection (2) entitles any such
p.000001: person to become a contributor to the Government Superannuation Fund after that person has ceased to
p.000001: be a contributor.
p.000001: (4) For the purposes of applying the Government Superannuation Fund Act 1956 , in accordance with
p.000001: subsection (2), to a person who is in the service of a transferee and is a contributor to the Government
p.000001: Superannuation Fund, the term controlling authority, in relation to that person, means the chief
p.000001: executive of the transferee.
p.000001:
p.000001: 101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees
p.000001: of dissolved entities and certain employees of Ministry of Health
p.000001: (1) Section 13 of the Health Sector (Transfers) Act 1993 applies to any person who, at any time in the period
p.000001: commencing on 1 April 2000 and ending with the commencement of this section, was an employee of a
p.000001: dissolved entity as if—
p.000001: (a) in subsection (1) of that section there were inserted, before the words “an employee of a transferor”,
p.000001: the words “on or after 1 April 2000”:
p.000001: (b) in subsection (2) of that section there were inserted, before the words “an employee of a transferor”,
p.000001: the words “on or after 1 August 2000”:
p.000001: (c) in subsection (2) of that section there were substituted for the expression “9 months”, the expression
p.000001: “3 months”:
p.000001: (d) in subsection (6) of that section there were substituted for the words “31st day of December 1994”,
p.000001: the words “commencement of section 101 of the New Zealand Public Health and Disability Act
p.000001: 2000”.
p.000001: (2) For the purposes of subsection (1), every dissolved entity is to be taken to be a transferor as well as a
p.000001: transferee within the meaning of the Health Sector (Transfers) Act 1993 .
p.000001: (3) Before 31 December 2002, the Director-General may give notice to any employee of the Director-General
p.000001: that the employee may, through the operation of section 4 or section 5 of the Health Sector (Transfers)
p.000001: Act 1993, become an employee of a DHB or of a subsidiary of a DHB.
p.000001: (4) From the date of a notice given to an employee under subsection (3), the Health Sector (Transfers) Act
p.000001: 1993 applies to the employee as if—
p.000001: (a) in section 13(2) there were substituted for the expression “9 months”, the expression “3 months”:
p.000001: (b) in section 13(6) there were substituted for the words “the 31st day of December 1994”, the
p.000001: expression “31 December 2002”:
p.000001: (c) in section 15(1) there were substituted for the words “the 31st day of March 1994”, the expression
p.000001: “31 December 2002”.
p.000001: Section 101(1)(d): amended, on 22 October 2003, by section 3 of the New Zealand Public Health and Disability Amendment Act 2003
p.000001: (2003 No 87).
p.000001:
p.000001: 102 References to dissolved entities to be references to their successors
p.000001: As from the commencement of this section, unless the context otherwise requires, every reference in any
p.000001: notice or document—
p.000001: (a) to the Health Funding Authority must be read as a reference to the Crown (acting, in the case of any
p.000001: shares formerly held by the Health Funding Authority, through the Minister and, in any other case,
p.000001: through the Ministry of Health):
p.000001: (b) to a hospital and health service (other than New Zealand Blood Service Limited) must be read as a
p.000001: reference to the DHB in whom the assets and liabilities of the hospital and health service are vested
p.000001: by section 95:
p.000001: (c) to New Zealand Blood Service Limited must be read as a reference to NZBS:
p.000001: (d) to the Pharmaceutical Management Agency Limited must be read as a reference to Pharmac.
p.000001:
p.000001: 103 Persons in whom assets and liabilities vested deemed dissolved entities for certain
p.000001: purposes
p.000001: Every person in whom the assets and liabilities of a dissolved entity are vested by any of sections 94 to 96
p.000001: and 98 is deemed to be the dissolved entity for the purposes of any requirement or entitlement under—
p.000001: (a) the Goods and Services Tax Act 1985; or
p.000001: (b) any enactment or accounting practice relating to accounting records or financial statements.
p.000001:
p.000001: Transitional provisions relating to annual reports and financial statements of dissolved entities
p.000001:
p.000001: 104 Meaning of final report
p.000001: In section 105, final report, in relation to a dissolved entity, means—
p.000001: (a) a report setting out the information specified in section 41I of the Public Finance Act 1989 in relation
p.000001: to the dissolved entity’s operations for the period beginning on 1 July 2000 and ending with the close
p.000001: of the day immediately before the commencement of this section; and
p.000001: (b) the dissolved entity’s financial statements for that period, which—
p.000001: (i) set out the information specified in section 41 of the Public Finance Act 1989; and
p.000001: (ii) are accompanied by an audit opinion prepared by the Audit Office in accordance with section
p.000001: 43 of that Act.
p.000001:
p.000001: 105 Final reports of dissolved entities
p.000001: (1) As soon as reasonably practicable after the commencement of this section, the Minister must receive—
p.000001: (a) from the Director-General the final report of the Health Funding Authority:
p.000001: (b) from each DHB the final report of the hospital and health service whose assets and liabilities are
p.000001: vested in the DHB by section 95:
p.000001: (c) from NZBS the final report of New Zealand Blood Service Limited:
p.000001: (d) from Pharmac the final report of the Pharmaceutical Management Agency Limited.
p.000001: (2) As soon as practicable after receiving each final report, the Minister must present the report to the House
p.000001: of Representatives.
p.000001:
p.000001: All positions on boards of DHBs filled by appointment until first elections
p.000001: 106 Transitional board members
p.000001: (1) In the period commencing with the commencement of this section and ending with the first elections of
p.000001: members of boards of DHBs, the Minister may appoint up to 11 members to the board of each DHB
p.000001: (whether that DHB has been, or is to be, established) to hold the positions that are, after those elections,
p.000001: to be held by elected and appointed members.
p.000001: (2) The provisions of this Act that apply to appointed members of DHBs apply to members appointed under
p.000001: subsection (1), except that—
p.000001: (a) the appointment of such a member (whether as member, chairperson, or deputy chairperson) must
p.000001: be made by written notice to the member, and need not be notified in the Gazette; and
p.000001: (b) such a member need not complete the statement under section 29(6) before his or her appointment,
p.000001: but must complete that statement before the 29th day after his or her appointment; and
p.000001: (c) if such members hold a meeting of a board of a DHB before 1 February 2001, clauses 16 to 24, 28
p.000001: and 31 to 35 of Schedule 3 do not apply to that meeting.
p.000001: (3) As soon as practicable after the commencement of this section, the Minister must make appointments
...
p.000001: of the board of the DHB.
p.000001: (5) A record of every meeting of the board of a DHB held in accordance with subsection (2)(c) and of every
p.000001: decision taken in respect of the board of a DHB under subsection (4) must be tabled at the first meeting of
p.000001: the board that is publicly notified under clause 16 of Schedule 3.
p.000001: (6) Despite subsection (2), when the first elected members of a board of a DHB come into office, every
p.000001: member appointed under subsection (1) ceases to be a member of the board.
p.000001:
p.000001: Amendments to other Acts
p.000001:
p.000001: 107 Amendments to Commerce Act 1986
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: 108 Amendments to State Sector Act 1988
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: 109 Amendment to Mental Health Commission Act 1998
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Consequential repeals, revocations, and amendments
p.000001:
p.000001: 110 Consequential repeals and revocations
p.000001: (1) The following Acts are repealed:
p.000001: (a) Health and Disability Services Act 1993 (1993 No 22):
p.000001: (b) Maternal Mortality Research Act 1968 (1968 No 26).
p.000001: (2) The instruments specified in Schedule 8 are revoked.
p.000001:
p.000001: 111 Consequential amendments
p.000001: (1) The Acts specified in Schedule 9 are amended in the manner indicated in that schedule.
p.000001: (2) The regulations specified in Schedule 10 are amended in the manner indicated in that schedule.
p.000001:
p.000001: 112 Saving
p.000001: (1) The direction concerning the eligibility of persons for Crown-funded services given to the Health Funding
p.000001: Authority under section 25 of the Health and Disability Services Act 1993, and in force immediately before
p.000001: the commencement of this section, is deemed to have been given, under section 32, to every DHB.
p.000001: (2) The Minister may at any time amend or revoke the direction referred to in subsection (1) by issuing a
p.000001: direction under section 32.
p.000001: (3) Every notice given, under section 51 of the Health and Disability Services Act 1993, and in force
p.000001: immediately before the commencement of this section, continues in force as if the notice had been given
p.000001: by the Crown under section 88.
p.000001: (4) The Crown (acting through the Ministry of Health) may at any time amend or revoke a notice referred to in
p.000001: subsection (3) by issuing a notice under section 88.
p.000001: (5) Despite sections 28 and 63, during the period of 1 year ending after the commencement of this section, a
p.000001: publicly-owned health and disability organisation may—
p.000001: (a) hold any shares or interests in a body corporate or in a partnership, joint venture, or other
p.000001: association of persons if those shares or interests were vested in the organisation by this Act; and
p.000001: (b) be the trustee of a trust if the office as trustee was vested in the organisation by this Act.
p.000001: (6) On the expiry of the period referred to in subsection (5), no organisation may continue to hold such shares
p.000001: or interests or be such a trustee without the consent of the Minister, given in accordance with section 28
p.000001: or section 63, as the case may require.
p.000001: Appropriations for purposes of Act
p.000001:
p.000001: 113 Interim authority of Crown to incur liabilities
p.000001: (1) Liabilities of up to a total of $1,200,000,000 may, during the 2000/01 year, be incurred in advance of
p.000001: appropriation in relation to Vote Health to provide the capital injections required to establish the District
p.000001: Health Boards.
p.000001: (2) All liabilities incurred under this section must be charged in the manner to be specified in an Appropriation
p.000001: Act for the 2000/01 year and, until the coming into force of the Appropriation Act in which that manner is
p.000001: specified, may be incurred during the 2000/01 year as if they had been incurred in accordance with one of
p.000001: the separate appropriations specified in section 4(3) of the Public Finance Act 1989.
p.000001:
p.000001: Transitional provisions relating to New Zealand health strategy and New Zealand disability
p.000001: strategy
p.000001:
p.000001: 114 Consultation for first New Zealand health strategy and first New Zealand disability
p.000001: strategy
p.000001: (1) The consultation undertaken, before the commencement of this section, by the Minister on proposals for a
p.000001: New Zealand health strategy is to be taken to be consultation for the purposes of section 8(3) for the first
p.000001: New Zealand health strategy determined after the commencement of this section.
p.000001: (2) The consultation undertaken, before the commencement of this section, by the Minister of the Crown who
p.000001: is responsible for disability issues on proposals for a New Zealand disability strategy is to be taken to be
p.000001: consultation for the purposes of section 8(3) for the first New Zealand disability strategy determined after
p.000001: the commencement of this section.
p.000001:
p.000001:
p.000001: Schedule 1
p.000001: DHBs and their geographical areas
p.000001: s 19(1)
p.000001: Representative geographical area based on territorial authority
p.000001: Organisation and ward boundaries as constituted as at 1 January 2001
p.000001: Northland DHB Far North District, Whangarei District, Kaipara District
p.000001: Waitemata DHB North Shore City, Rodney District, Waitakere City
p.000001: Auckland DHB Auckland City
p.000001: Counties Manukau DHB Manukau City, Papakura District, Franklin District
p.000001: Waikato DHB Hauraki District, Thames-Coromandel District, Waikato District, Waipa
p.000001: District, Hamilton City, South Waikato District, Matamata-Piako
p.000001: District, Otorohanga District, Waitomo District, Ruapehu District
p.000001: (Ohura, Taumarunui and National Park Wards only)
p.000001: Lakes DHB Taupo District, Rotorua District
p.000001: Bay of Plenty DHB Tauranga District, Western Bay of Plenty District, Whakatane District,
p.000001: Kawerau District, Opotiki District, Mayor Island (Tuhua), Motiti Island
p.000001: Tairawhiti DHB Gisborne District
p.000001: Taranaki DHB New Plymouth District, Stratford District, South Taranaki District
p.000001: Hawke’s Bay DHB Wairoa District, Hastings District, Napier City, Central Hawkes Bay
p.000001: District
p.000001: Whanganui DHB Wanganui District, Rangitikei District, Ruapehu District (Waiouru and
p.000001: Waimarino Wards only)
p.000001: MidCentral DHB Manawatu District, Palmerston North City, Tararua District,
...
p.000001: 9B Related amendments to New Zealand Public Health and Disability Act 2000
p.000001: 10 No by-elections
p.000001: Rolls for election
p.000001: 11 Rolls for election
p.000001: Conduct of election
p.000001: 12 Postal voting
p.000001: Cost of elections
p.000001: 13 Cost to be borne by DHB
p.000001: When members come into office
p.000001: 14 When elected members come into office
p.000001: 15 When appointed members come into office
p.000001: Appointment to boards of newly created DHBs
p.000001: 16 Appointment of new DHB
p.000001: Persons who may not be members of boards
p.000001: 17 Certain persons disqualified from membership
p.000001: Effect of boundary changes
p.000001: 18 Reorganisation of districts
p.000001: 19 Other alterations of districts
p.000001: 20 Inquiries by Local Government Commission
p.000001:
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: constituency, in relation to a DHB, means,—
p.000001: (a) if the district of the DHB has been divided into constituencies by an Order in Council under section
p.000001: 19, each such constituency; and
p.000001: (b) if the district of the DHB has not been divided in that way, the district of the DHB
p.000001: district, in relation to a DHB, means the geographical area specified opposite to that board in column 2 of
p.000001: Schedule 1
p.000001: election of a DHB means an election to elect the elective members of the board of a DHB
p.000001: elector means an elector at an election of a DHB
p.000001: territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002; but
p.000001: does not include the Minister of the Crown responsible for the administration of that Act
p.000001: triennial general election means a triennial general election held under the Local Electoral Act 2001 .
p.000001: Schedule 2 clause 1 territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
p.000001: Schedule 2 clause 1 triennial general election: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Purpose of this schedule
p.000001:
p.000001: 2 Purpose
p.000001: This schedule has the following purposes:
p.000001: (a) to state the qualifications of electors and candidates at DHB elections:
p.000001: (b) to apply, with certain modifications, the legislation governing the election of local authorities to DHB
p.000001: elections:
p.000001: (c) to link DHB elections to the triennial local authority elections so as to maximise voter participation at
p.000001: DHB elections through effective co-operation between DHBs and territorial authorities:
p.000001: (d) to provide for mechanisms relating to the membership and constitution of the boards of DHBs.
p.000001:
p.000001: Electors and candidates
p.000001: 3 Residential qualification for electors
p.000001: A person who is lawfully registered as a parliamentary elector under the Electoral Act 1993 in respect of
p.000001: an address that is within the constituency of a DHB is qualified to be an elector of that constituency at an
p.000001: election of the DHB.
p.000001:
p.000001: 4 Qualification for candidates
p.000001: A person may be a candidate at an election of a DHB if the person—
p.000001: (a) is qualified to be a parliamentary elector; and
p.000001: (b) is not disqualified by clause 17.
p.000001:
p.000001: 5 Candidates not to stand for more than 1 district
p.000001: (1) A person may not at any elections of DHBs held in conjunction with a triennial general election be a
p.000001: candidate for more than 1 district or more than 1 constituency.
p.000001: (2) If a person is nominated in contravention of subclause (1), every nomination is void, if made with the
p.000001: person’s consent.
p.000001:
p.000001: 6 Candidate to declare conflicts of interest
p.000001: When a candidate gives the responsible electoral officer notice of the candidate’s consent to being
p.000001: nominated as a candidate, the candidate must also give the electoral officer a statement completed by the
p.000001: candidate in good faith that—
...
p.000001: (2) Subclause (1) is subject to the provisions of this Act and to any regulations made under this Act.
p.000001: Schedule 2 clause 8 heading : amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 8(1): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: 9 Timing of elections
p.000001: (1) The elections of DHBs must be held in conjunction with every triennial general election.
p.000001: (2) For the purposes of subclause (1), the first triennial general election is the one to be held in 2001.
p.000001:
p.000001: 9A Elections in 2004 and subsequently to be conducted using Single Transferable
p.000001: Voting
p.000001: The elections of DHBs to be held at the triennial general election in 2004 and at every subsequent
p.000001: triennial general election must be conducted by the Single Transferable Voting electoral system (STV)
p.000001: using the New Zealand method of counting single transferable votes .
p.000001: Schedule 2 clause 9A : inserted, on 1 July 2001, by section 150 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 9A : amended, on 25 December 2002, by section 51(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 9B Related amendments to New Zealand Public Health and Disability Act 2000
p.000001: The person appointed by a District Health Board under section 12 of the Local Electoral Act 2001 must be
p.000001: a person who is also the electoral officer of a territorial authority in whose district the District Health Board
p.000001: is wholly or partly situated.
p.000001: Schedule 2 clause 9B : inserted, on 25 December 2002, by section 51(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 10 No by-elections
p.000001: No by-election or poll may be held under the Local Electoral Act 2001 for the purpose of electing a
p.000001: member to a board.
p.000001: Schedule 2 clause 10: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Rolls for election
p.000001: 11 Rolls for election
p.000001: (1) If the district of a DHB is situated wholly within the district of any territorial authority, the part of the roll
p.000001: containing the details of the residential electors on the roll for that territorial authority’s district whose
p.000001: addresses are within the DHB’s district is the roll of electors for the election of the DHB.
p.000001: (2) In any other case, the relevant parts of the rolls containing the details of the residential electors of the
p.000001: districts of the territorial authorities that are situated wholly or partly within the district of a DHB whose
p.000001: addresses are within the district of the DHB are the rolls of electors for the election of the DHB.
p.000001: (3) The electoral officer of every territorial authority whose district is situated wholly or partly within the district
p.000001: of a DHB must indicate on the roll of electors for the district of that territorial authority, by appropriate
p.000001: words, abbreviations, or marks, the names of the persons entitled to vote at the election of the DHB; and if
p.000001: the district of the DHB has, by an Order in Council under section 19, been divided into constituencies, that
p.000001: officer must also indicate the constituency in respect of which those persons may vote at that election.
p.000001: Schedule 2 clause 11(1): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 11(2): substituted, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 11(3): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Conduct of election
p.000001:
p.000001: 12 Postal voting
p.000001: (1) [Repealed]
p.000001: (2) [Repealed]
p.000001: (3) Every electoral officer must include in the papers that are sent to electors a copy of the statement relating
p.000001: to conflicts of interest provided to the electoral officer by each candidate under clause 6.
p.000001: (4) This clause is subject to any regulations made under this Act.
p.000001: Schedule 2 clause 12(1): repealed, on 25 December 2002, by section 51(4) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001: Schedule 2 clause 12(2): repealed, on 25 December 2002, by section 51(4) of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001: Schedule 2 clause 12(3): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001:
p.000001: Cost of elections
p.000001: 13 Cost to be borne by DHB
p.000001: The costs incurred by every territorial authority in conducting an election of a DHB must be borne and
p.000001: paid for by the DHB.
p.000001:
p.000001: When members come into office
p.000001:
p.000001: 14 When elected members come into office
p.000001: Despite anything in section 115 of the Local Electoral Act 2001 , every person who is elected as a member
p.000001: of a board at an election of a DHB comes into office on the 58th day after polling day.
p.000001: Schedule 2 clause 14: amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).
p.000001:
p.000001: 15 When appointed members come into office
p.000001: Every appointed member comes into office on the date specified for that purpose in the notice appointing
p.000001: the member or, if no date is specified in the notice, from the date on which the notice is published in the
p.000001: Gazette.
p.000001:
p.000001: Appointment to boards of newly created DHBs
p.000001:
p.000001: 16 Appointment of new DHB
p.000001: (1) If an Order in Council made under section 19(2) creates a new DHB by adding it to Schedule 1, the
p.000001: Minister may appoint persons to hold positions on the board of that DHB that would otherwise be held by
p.000001: elected members.
p.000001: (2) Section 29(2) applies with any necessary modifications to an appointment made under subclause (1).
p.000001: (3) Persons appointed under subclause (1) hold office until the 58th day after polling day for the next election
p.000001: of the DHB (subject to clauses 7 and 8 of Schedule 3).
p.000001: (4) To avoid any doubt, for the purposes of subclause (1), the renaming of a DHB is not the creation of a new
p.000001: DHB.
p.000001:
p.000001: Persons who may not be members of boards
p.000001: 17 Certain persons disqualified from membership
p.000001: (1) None of the following persons may be elected or appointed as a member of a board, or appointed as a
p.000001: member of a board committee, of a DHB:
p.000001: (a) a person described in section 30(2)(a) to (f) of the Crown Entities Act 2004:
p.000001: (b) [Repealed]
p.000001: (c) [Repealed]
p.000001: (d) [Repealed]
p.000001: (e) a person who has, since the date on which members of boards elected at the immediately preceding
p.000001: triennial general election came into office, been removed as a member of a board for any reason
p.000001: specified in clause 9(c) or (e) of Schedule 3:
p.000001: (f) a person who has failed to declare a material conflict of interest before accepting nomination as
p.000001: candidate for an election of a DHB held in conjunction with the immediately preceding triennial
p.000001: general election.
p.000001: (2) In addition to the grounds specified in subclause (1), a person may not be elected as a member of a board
p.000001: if the person is incapable of being elected as a member of a local authority because of section 25 of the
p.000001: Local Electoral Act 2001.
p.000001: (3) However, subclause (1)(a) does not disqualify a person described in section 30(2)(f) of that Act who is
p.000001: elected (rather than appointed) to office as a member under any other Act.
p.000001: Schedule 2 clause 17(1)(a): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 2 clause 17(1)(b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 2 clause 17(1)(c): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 2 clause 17(1)(d): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001: Schedule 2 clause 17(2): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
p.000001: Schedule 2 clause 17(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
p.000001:
p.000001: Effect of boundary changes
p.000001:
p.000001: 18 Reorganisation of districts
p.000001: (1) In this clause, Order in Council is a reference to an Order in Council made under section 19(2).
p.000001: (2) If an Order in Council abolishes 2 or more DHBs and constitutes a new DHB whose district consists of the
p.000001: districts of the abolished DHBs, the boards of the abolished DHBs are united into a new board (a united
p.000001: board).
p.000001: (3) If an Order in Council dissolves or divides 1 DHB by transferring its district in whole or in part to the
p.000001: districts of 1 or more other DHBs, the Minister may, at the time that the Order takes effect, assign any
p.000001: member of the board of the dissolved or divided DHB to any board (an augmented board) of those other
p.000001: DHBs.
...
p.000001: public; or
p.000001: (b) the minutes of the meeting or part are produced, for inspection, to any member of the public, or a
p.000001: copy of them is given to any member of the public.
p.000001: (2) The publication, in that way, of any defamatory matter in the agenda, or in the further statements or
p.000001: particulars, or in the minutes, is privileged.
p.000001: (3) This clause does not apply if, in any proceedings for defamation in respect of that publication, the plaintiff
p.000001: proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: Compare: 1987 No 174 s 52
p.000001:
p.000001: 24 Oral statements at meetings privileged
p.000001: (1) Any oral statement made at any meeting of a board in accordance with the rules that have been adopted
p.000001: by the board for the guidance and order of its meetings is privileged.
p.000001: (2) This clause does not apply if, in any proceedings for defamation in respect of the statement, the plaintiff
p.000001: proves that, in making the statement, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: (3) The privilege conferred by this clause is in addition to and not in substitution for or derogation of any other
p.000001: privilege, whether absolute or qualified, that applies, by virtue of any other enactment or rule of law, to
p.000001: meetings of any board.
p.000001: Compare: 1987 No 174 s 53
p.000001: Procedure at meetings
p.000001:
p.000001: 25 Quorum
p.000001: (1) No authority, power, or discretion of a board can be exercised, and no business of a board can be
p.000001: transacted, at any meeting of the board, unless the quorum of members of the board is present at the
p.000001: meeting.
p.000001: (2) The quorum of members of a board is,—
p.000001: (a) if the total number of members of the board is an even number, half that number; but
p.000001: (b) if the total number of members of the board is an odd number, a majority of the members.
p.000001: (3) Despite subclause (2), the Minister may, by written notice to all members of a board given before a certain
p.000001: meeting or meetings of the board, or before any meetings of the board within a certain period, set a
p.000001: quorum other than that in subclause (2) for the meeting or meetings of the board, if—
p.000001: (a) a member of the board gives the Minister a written statement of reasons why the Minister should do
p.000001: so; and
p.000001: (b) the Minister considers that those reasons are good reasons and is satisfied that those reasons exist
p.000001: in fact.
p.000001: (4) For the purposes of subclause (3), it is enough if the Minister made all reasonable efforts to give all
p.000001: members the notice before the meeting or meetings.
p.000001:
p.000001: 26 Further provisions relating to quorum
p.000001: For the purposes of subclauses (2) and (3) of clause 25,—
p.000001: (a) a member who has declared an interest under clause 36 in relation to a transaction must not, for the
p.000001: purposes of that transaction, be counted, unless the Minister has waived or modified the application
p.000001: of clause 36(2); and
p.000001: (b) vacancies in the appointed membership of the board because the Minister has appointed fewer than
p.000001: the maximum number of members the Minister may appoint under section 29(1)(b), must not be
p.000001: counted; and
...
p.000001: public; or
p.000001: (b) the minutes of the meeting or part are produced, for inspection, to any member of the public, or a
p.000001: copy of them is given to any member of the public.
p.000001: (2) The publication, in that way, of any defamatory matter in the agenda, or in the further statements or
p.000001: particulars, or in the minutes, is privileged.
p.000001: (3) This clause does not apply if, in any proceedings for defamation in respect of that publication, the plaintiff
p.000001: proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: Compare: 1987 No 174 s 52
p.000001:
p.000001: 26 Oral statements at meetings privileged
p.000001: (1) Any oral statement made at any meeting of a committee in accordance with the rules that have been
p.000001: adopted by the committee for the guidance and order of its meetings is privileged.
p.000001: (2) This clause does not apply if, in any proceedings for defamation in respect of the statement, the plaintiff
p.000001: proves that, in making the statement, the defendant was predominantly motivated by ill will towards the
p.000001: plaintiff, or otherwise took improper advantage of the occasion of publication.
p.000001: (3) The privilege conferred by this clause is in addition to and not in substitution for or derogation of any other
p.000001: privilege, whether absolute or qualified, that applies, by virtue of any other enactment or rule of law, to the
p.000001: meetings of any committee.
p.000001: Compare: 1987 No 174 s 53
p.000001: Procedure at meetings
p.000001:
p.000001: 27 Quorum
p.000001: (1) No authority, power, or discretion of a committee can be exercised, and no business of a committee can
p.000001: be transacted, at any meeting of the committee, unless the quorum of members of the committee is
p.000001: present at the meeting.
p.000001: (2) The quorum of members of a committee is,—
p.000001: (a) if the total number of members of the committee is an even number, half that number; but
p.000001: (b) if the total number of members of the committee is an odd number, a majority of the members.
p.000001: (3) Despite subclause (2), the board may, by written notice to all members of a committee given before a
p.000001: certain meeting or meetings of the committee, or before any meetings of the committee within a certain
p.000001: period, set a quorum other than that in subclause (2) for the meeting or meetings of the committee, if—
p.000001: (a) a member of the committee gives the board a written statement of reasons why the board should do
p.000001: so; and
p.000001: (b) the board considers that those reasons are good reasons and is satisfied that those reasons exist in
p.000001: fact.
p.000001:
p.000001: 28 Further provisions relating to quorum
p.000001: (1) For the purposes of clause 27(3), it is enough if the board made all reasonable efforts to give all members
p.000001: of the committee the notice before the meeting or meetings.
p.000001: (2) For the purposes of clause 27(2) and (3), a member who has declared an interest under clause 38 in
p.000001: relation to a transaction must not, for the purposes of that transaction, be counted, unless the board has
p.000001: waived or modified the application of clause 38(2).
p.000001:
p.000001: 29 Presiding member
p.000001: (1) At each meeting of a committee the chairperson of the committee presides, if he or she is present and
p.000001: willing to do so.
...
p.000001: 2208.40.08, 2208.40.19, 2208.50.04, 2208.50.08, 2208.50.19,
p.000001: 2208.60.19, 2208.60.29, 2208.60.99, 2208.70.80, 2208.90.08,
p.000001: 2208.90.48, 2208.90.97
p.000001:
p.000001: Method for determining variable rates
p.000001: For a given financial year, the variable rate for a class is the average alcohol content by volume of all the alcohol
p.000001: of that class that was imported into or manufactured in New Zealand in the preceding statistical year.
p.000001:
p.000001:
p.000001: Schedule 5
p.000001: Provisions applying to mortality review committees
p.000001: s 59E
p.000001: Schedule 5 heading: amended, on 9 November 2010, by section 25 of the New Zealand Public Health and Disability Amendment Act 2010
p.000001: (2010 No 118).
p.000001:
p.000001:
p.000001: Contents
p.000001: Interpretation
p.000001: 1 Interpretation
p.000001: Chairperson may require person to give information
p.000001: 2 Chairperson may require person to give information
p.000001: Production, disclosure, and recording of information
p.000001: 3 Meaning of information
p.000001: 4 Prohibitions on production, disclosure, and recording of information
p.000001: 5 Exceptions to prohibitions
p.000001: 6 Minister may authorise disclosure of information
p.000001: Supplementary procedure
p.000001: 7 Supplementary procedure
p.000001:
p.000001: Interpretation
p.000001:
p.000001: 1 Interpretation
p.000001: In this schedule, unless the context otherwise requires,—
p.000001: document has the same meaning as in section 2(1) of the Official Information Act 1982
p.000001: judicial proceeding means a proceeding that is judicial within the meaning of section 108 of the Crimes
p.000001: Act 1961
p.000001: ministerial authority means an authority—
p.000001: (a) given by the Minister under clause 6(1); and
p.000001: (b) in force for the time being
p.000001: serious offence means an offence punishable by imprisonment for a term of 2 years or more.
p.000001: Compare: 1995 No 95 s 66
p.000001:
p.000001: Chairperson may require person to give information
p.000001:
p.000001: 2 Chairperson may require person to give information
p.000001: (1) If a mortality review committee gives its chairperson, or an agent the committee appoints for the purpose,
p.000001: authority in writing to do so, the chairperson or agent may, by notice in writing to any person, require the
p.000001: person to give the committee information in the person’s possession, or under the person’s control, and
p.000001: relevant to the performance by the committee of any of its functions.
p.000001: (2) Examples of the information the chairperson or agent may require are—
p.000001: (a) patient records, clinical advice, and related information:
p.000001: (b) answers to questions posed by the chairperson in the notice, and that the person is able to answer:
p.000001: (c) information that became known solely as a result of a declared quality assurance activity, within the
p.000001: meaning of Part 6 of the Medical Practitioners Act 1995, or a protected quality assurance activity
p.000001: within the meaning of section 53(1) of the Health Practitioners Competence Assurance Act 2003 .
p.000001: (3) The person must take all reasonable steps to comply with the notice.
p.000001: Schedule 5 clause 2(2)(c): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act
p.000001: 2003 (2003 No 48).
p.000001:
p.000001: Production, disclosure, and recording of information
p.000001:
p.000001: 3 Meaning of information
p.000001: In clauses 4 to 6, information means any information—
p.000001: (a) that is personal information within the meaning of section 2(1) of the Privacy Act 1993; and
p.000001: (b) that became known to any member or executive officer or agent of a mortality review committee only
p.000001: because of the committee’s functions being carried out (for example, because it is contained in a
p.000001: document created, and made available to the member or executive officer or agent, only because of
p.000001: those functions being carried out), whether or not the carrying out of those functions is completed.
p.000001:
p.000001: 4 Prohibitions on production, disclosure, and recording of information
p.000001: (1) A member or executive officer or agent of a mortality review committee must not produce or disclose
p.000001: information to another person or in any judicial proceeding, or make any record of it, unless the
p.000001: production, disclosure, or record, is—
p.000001: (a) for the purposes of carrying out the committee’s functions; or
p.000001: (b) in accordance with an exception stated in clause 5; or
p.000001: (c) in accordance with a ministerial authority.
p.000001: (2) In any judicial proceeding, a member or executive officer or agent of a mortality review committee must
p.000001: not be required to produce information if under subclause (1) he or she is prohibited from doing so.
p.000001: Compare: 1995 No 95 s 70
p.000001:
p.000001: 5 Exceptions to prohibitions
p.000001: Clause 4 does not prohibit—
p.000001: (a) the production, disclosure, or recording of information if the information does not identify, either
p.000001: expressly or by implication, any particular individual:
p.000001: (b) the disclosure of information—
p.000001: (i) with the consent of every person who would be directly or indirectly identified by the
p.000001: disclosure:
p.000001: (ii) to the Minister, or a person authorised by the Minister, for the purpose of enabling the Minister
p.000001: to decide whether or not to issue a ministerial authority:
p.000001: (iii) for the purposes of the prosecution of an offence against section 18(7) (disclosure of
p.000001: information contrary to this schedule).
p.000001: Compare: 1995 No 95 s 71
p.000001:
p.000001: 6 Minister may authorise disclosure of information
p.000001: (1) If the Minister is satisfied that information relates to conduct (whenever occurring) that constitutes or may
p.000001: constitute a serious offence, the Minister may, by notice in writing signed by the Minister, give a ministerial
p.000001: authority authorising the disclosure of the information, in the manner, and subject to any conditions,
p.000001: specified in the notice, for 1 or more of the following purposes:
p.000001: (a) for the purposes of the investigation and prosecution of offences:
p.000001: (b) for the purposes of a Royal Commission, or a commission of inquiry appointed by an Order in
p.000001: Council made under the Commissions of Inquiry Act 1908 :
p.000001: (c) for the purposes of an inquiry to which section 6 of the Inquiries Act 2013 applies.
p.000001: (2) However, a ministerial authority may be given for information of a non-factual nature (for example,
p.000001: expressions of opinion) only if that information consists only of matter contained in a report or advice
p.000001: prepared by the mortality review committee.
p.000001: (3) The Minister may at any time—
p.000001: (a) revoke a ministerial authority; or
p.000001: (b) revoke, amend, or add to any condition or conditions to which a ministerial authority is subject.
p.000001: (4) A ministerial authority authorising the disclosure of information does not of itself—
p.000001: (a) require the disclosure of that information; or
p.000001: (b) create a duty to disclose that information.
p.000001: Compare: 1995 No 95 s 72
p.000001: Schedule 5 clause 6(1)(c): inserted, on 27 August 2013, by section 39 of the Inquiries Act 2013 (2013 No 60).
p.000001:
p.000001: Supplementary procedure
p.000001:
p.000001: 7 Supplementary procedure
p.000001: A mortality review committee may regulate its procedure, at its meetings and otherwise, in any manner
p.000001: not inconsistent with this Act it thinks fit.
p.000001: Schedule 6
p.000001: Further provisions applying to Pharmac, NZBS, HPA, and HQSC
p.000001: s 70
p.000001: Schedule 6 heading: amended, on 1 July 2012, by section 11(1) of the New Zealand Public Health and Disability Amendment Act 2012
p.000001: (2012 No 41).
p.000001: Schedule 6 heading: amended, on 9 November 2010, by section 26(1) of the New Zealand Public Health and Disability Amendment Act
p.000001: 2010 (2010 No 118).
p.000001:
p.000001:
p.000001: Contents
p.000001: Meaning of organisation
p.000001: 1 Meaning of organisation
p.000001: Members
p.000001: [Repealed]
p.000001: 2 Members [Repealed]
p.000001: 3 Terms and conditions of office, and remuneration [Repealed]
p.000001: 4 Resignation [Repealed]
p.000001: 5 Vacation of office [Repealed]
p.000001: 6 Removal from office [Repealed]
p.000001: Chairperson and deputy chairperson
p.000001: [Repealed]
p.000001: 7 Chairperson and deputy chairperson [Repealed]
p.000001: 8 Resignation [Repealed]
p.000001: 9 Vacation of office [Repealed]
p.000001: 10 Removal from office [Repealed]
p.000001: Teleconferences
p.000001: [Repealed]
...
p.000001: Good Health Wanganui Limited Whanganui DHB
p.000001: MidCentral Health Limited MidCentral DHB
p.000001: Hutt Valley Health Corporation Limited Hutt DHB
p.000001: Capital Coast Health Limited Capital and Coast DHB
p.000001: Wairarapa Health Limited Wairarapa DHB
p.000001: Nelson Marlborough Health Services Limited Nelson Marlborough DHB
p.000001: Coast Health Care Limited West Coast DHB
p.000001: Canterbury Health Limited, Healthlink South Limited Canterbury DHB
p.000001: Health South Canterbury Limited South Canterbury DHB
p.000001: HealthCare Otago Limited Otago DHB
p.000001: Southern Health Limited Southland DHB
p.000001:
p.000001:
p.000001: Schedule 8
p.000001: Consequential revocations of instruments
p.000001: s 110(2)
p.000001:
p.000001: Drug Tariff 1993 (SR 1993/115)
p.000001: Health and Disability Services Amendment Act 1998 Commencement Order 1998
p.000001: (SR 1998/239)
p.000001:
p.000001: Health and Disability Services Amendment Act Commencement Order 1995
p.000001: (SR 1995/303)
p.000001:
p.000001: Health and Disability Services (Establishment of Transitional Health Authority) Order
p.000001: 1997 (SR 1997/57)
p.000001:
p.000001: Health and Disability Services (Health Funding Authority) Order 1997 (SR 1997/312)
p.000001:
p.000001: Health Reforms (Transitional Provisions) Regulations 1993 (SR 1993/170)
p.000001:
p.000001: Hospital Boards and Committees of Management Regulations 1959 (SR 1959/130)
p.000001:
p.000001: Hospital Districts (Borough of Kapiti) Order 1974 (SR 1974/219)
p.000001:
p.000001: Hospital Districts Order 1988 (SR 1988/311)
p.000001:
p.000001: Hospitals Amendment Act (No 2) Commencement Order 1972 (SR 1972/38)
p.000001: Hospitals (Tuarangi Home) Order 1969 (SR 1969/37)
p.000001:
p.000001: Revocation of Health and Disability Service (Employment Contracts) Order 2000
p.000001: (SR 2000/165)
p.000001: Revocation of Regional Health Authorities Establishment Order 1997 (SR 1997/99)
p.000001:
p.000001: Schedule 9
p.000001: Consequential amendments to Acts
p.000001: s 111(1)
p.000001:
p.000001: Accident Insurance Act 1998 (1998 No 114)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Charitable Trusts Act 1957 (1957 No 18)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Children, Young Persons, and Their Families Act 1989 (1989 No 24)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Civil Defence Act 1983 (1983 No 46)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Contraception, Sterilisation, and Abortion Act 1977 (1977 No 112)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
p.000001: Dental Act 1988 (1988 No 150)
p.000001: Amendment(s) incorporated in the Act(s).
p.000001:
...
p.000001: transferred functions.
p.000001: (3) Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound
p.000001: by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to
p.000001: be bound by or enforce, that agreement.
p.000001: (4) This section limits which employees may be bound by collective agreements (including collective
p.000001: employment contracts), and the coverage of those agreements, under sections 56(1), 57, 62(3), 63(3),
p.000001: and 243 of the Employment Relations Act 2000.
p.000001: (5) This section does not apply to a collective agreement to the extent that the parties agree otherwise.
p.000001:
p.000001: 22 Superannuation
p.000001: (1) Any employee of the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health
p.000001: who, immediately before becoming an employee of HPA, is a contributor to the Government
p.000001: Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed,
p.000001: for the purpose of that Act, to be employed in the Government service so long as he or she continues to
p.000001: be an employee of HPA.
p.000001: (2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s
p.000001: service as an employee of HPA were Government service.
p.000001: (3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund
p.000001: if the person has ceased to be a contributor.
p.000001: (4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of HPA is
p.000001: the controlling authority.
p.000001:
p.000001: Provisions relating to disestablishment of Crown Health Financing Agency
p.000001: 27 Disestablishment of Crown Health Financing Agency
p.000001: On the commencement of this section, the Crown Health Financing Agency is disestablished.
p.000001:
p.000001: 28 Transfer of property and liabilities of Crown Health Financing Agency
p.000001: On and from the commencement of this section,—
p.000001: (a) all real and personal property of the Crown Health Financing Agency (the Agency) vests in the
p.000001: Crown free of all trusts; and
p.000001: (b) all rights of the Agency vest in the Crown; and
p.000001: (c) all money payable to the Agency is payable to the Crown; and
p.000001: (d) all liabilities of the Agency vest in the Crown; and
p.000001: (e) all proceedings pending by or against the Agency may be continued, completed, or enforced by or
p.000001: against the Crown.
p.000001:
p.000001: 29 Transfer not gift, supply of goods and services, or disposition for certain purposes
p.000001: To avoid doubt, anything transferred to the Crown by section 28 is not—
p.000001: (a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:
p.000001: (b) a supply of goods and services for the purposes of the Goods and Services Tax Act 1985:
p.000001: (c) a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax
p.000001: Act 2007.
p.000001:
p.000001: 30 Compensation
p.000001: No member of the Crown Health Financing Agency is entitled to compensation for loss of office resulting
p.000001: from the disestablishment of the Agency.
p.000001:
p.000001: 31 Restriction of compensation for technical redundancy
...
p.000001: perform the transferred functions.
p.000001: (3) Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound
p.000001: by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to
p.000001: be bound by or enforce, that agreement.
p.000001: (4) This section limits which employees may be bound by collective agreements (including collective
p.000001: employment contracts), and the coverage of those agreements, under sections 56(1), 57, 62(3), 63(3),
p.000001: and 243 of the Employment Relations Act 2000.
p.000001: (5) This section does not apply to a collective agreement to the extent that the parties agree otherwise.
p.000001:
p.000001: 33 Superannuation
p.000001: (1) Any employee of the Crown Health Financing Agency who, immediately before becoming an employee of
p.000001: a department, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the
p.000001: Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the
p.000001: Government service so long as he or she continues to be an employee of the department.
p.000001: (2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s
p.000001: service as an employee of the Agency were Government service.
p.000001: (3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund
p.000001: if the person has ceased to be a contributor.
p.000001: (4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of the
p.000001: department is the controlling authority.
p.000001:
p.000001: Other matters
p.000001:
p.000001: 35 Other savings and transitional matters
p.000001: The Governor-General may, by Order in Council, provide for savings and transitional matters connected
p.000001: with the disestablishment of an entity under this Part, including the transfer of functions formerly carried
p.000001: out by the entity.
p.000001:
p.000001: Reprints notes
p.000001: 1 General
p.000001: This is a reprint of the New Zealand Public Health and Disability Act 2000 that incorporates all the
p.000001: amendments to that Act as at the date of the last amendment to it.
p.000001: 2 Legal status
p.000001: Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal
p.000001: enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides
p.000001: that this reprint, published in electronic form, has the status of an official version under section 17 of that
p.000001: Act. A printed version of the reprint produced directly from this official electronic version also has official
p.000001: status.
p.000001: 3 Editorial and format changes
p.000001: Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the
p.000001: Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/ .
p.000001: 4 Amendments incorporated in this reprint
p.000001: State Sector and Crown Entities Reform Act 2018 (2018 No 31): section 19
p.000001: Customs and Excise Act 2018 (2018 No 4): section 443(3)
p.000001: Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 (2016 No 17): section 50
p.000001: Health and Disability (Geographical Areas of DHBs) Order 2015 (LI 2015/133)
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| age | Age |
| alcoholic | alcoholism |
| authority | Relationship to Authority |
| child | Child |
| children | Child |
| conviction | Religion |
| criminal | criminal |
| dependent | Dependent |
| disability | Mentally Disabled |
| disabled | Mentally Disabled |
| drug | Drug Usage |
| education | education |
| emergency | Public Emergency |
| employees | employees |
| faith | Religion |
| family | Motherhood/Family |
| home | Property Ownership |
| ill | ill |
| illness | Physically Disabled |
| impairment | Cognitive Impairment |
| incapable | Mentally Incapacitated |
| influence | Drug Usage |
| language | Linguistic Proficiency |
| marital status | Marital Status |
| minor | Youth/Minors |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| party | political affiliation |
| property | Property Ownership |
| race | Racial Minority |
| single | Marital Status |
| substance | Drug Usage |
| union | Trade Union Membership |
| unlawful | Illegal Activity |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| child | ['children'] |
| children | ['child'] |
| conviction | ['faith'] |
| disability | ['disabled'] |
| disabled | ['disability'] |
| drug | ['influence', 'substance'] |
| faith | ['conviction'] |
| home | ['property'] |
| influence | ['drug', 'substance'] |
| marital status | ['single'] |
| property | ['home'] |
| single | ['maritalXstatus'] |
| substance | ['drug', 'influence'] |
Trigger Words
capacity
consent
developing
ethics
harm
justice
protect
protection
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input