Ombudsmen Act 1975 No 9 (as at 01 July 2009), Public Act

Act by section

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Ombudsman, in relation to any function, power, or duty under this Act, means the Ombudsman for the time being investigating the complaint in respect of which the function, power, or duty is being exercised

    State enterprise means—

    • (a) An organisation that is a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 and that is named in Part 2 of Schedule 1 to this Act:

    • (b) An organisation that was a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 but which continues to be named in Part 2 of Schedule 1 to this Act.

    (2) For the purposes of Part 2 of Schedule 1 to this Act, a company is a related company of a State enterprise if the State enterprise whether alone or together with any other State enterprise, directly or indirectly owns, or controls the exercise of all the voting rights attaching to,—

    • (a) In the case of a company registered under the Companies Act 1955, the equity share capital (as defined in section 158 of the Companies Act 1955) of the company; or

    • (b) In the case of a company registered under the Companies Act 1993, the issued shares of the company, (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital),—

    as the case may be.

    (3) For the purposes of Part 2 of Schedule 1 to this Act, a company is a related company of a Crown Research Institute if the Crown Research Institute, whether alone or together with any other Crown Research Institute, directly or indirectly owns, or controls the exercise of all the voting rights attaching to,—

    • (a) In the case of a company registered under the Companies Act 1955, the equity share capital (as defined in section 158 of the Companies Act 1955) of the company; or

    • (b) In the case of a company registered under the Companies Act 1993, the issued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital),—

    as the case may be.

    (4) For the purposes of Part 2 of Schedule 1 to this Act, a company is a related company of a district health board if the district health board, whether alone or together with any other district health board, directly or indirectly owns, or controls the exercise of all the voting rights attaching to,—

    • (a) In the case of a company registered under the Companies Act 1955, the equity share capital (as defined in section 158 of the Companies Act 1955) of the company; or

    • (b) In the case of a company registered under the Companies Act 1993, the issued shares of the company (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital),—

    as the case may be.

    Section 2 was substituted, as from 10 April 1992, by section 2 Ombudsmen Amendment Act 1992 (1992 No 25).

    Subsection (2) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Subsection (3) was inserted, as from 1 July 1992, by section 46(1) Crown Research Institutes Act 1992 (1992 No 47).

    Subsection (3) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    The original subsection (4) was inserted, as from 11 May 1993, by section 30(1) Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).

    Subsection (4) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Subsection (4) was amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the words hospital and health service for the words Crown health enterprise.

    Subsection (4) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words district health board for the words hospital and health service wherever they occur.