New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
Action, in relation to a health care provider or a disability services provider, includes failure to act; and also includes any policy or practice
Advocacy services means the provision of health and disability services consumer advocates; and also includes the provision of such administrative services as may be necessary to enable those advocates to exercise and perform their functions and powers
Advocacy services agreement means an agreement under which the Crown agrees to provide money to a person in return for the person providing, or arranging for the provision of, advocacy services
Advocate means a health and disability services consumer advocate provided pursuant to an advocacy services agreement
appropriate authority includes, for the purposes of any assessment or investigation of any action on the part of a health practitioner that was taken when the health practitioner was registered under a former health registration enactment, the authority that, under section 178(1) of the Health Practitioners Competence Assurance Act 2003, is, in relation to that health practitioner, the successor authority
appropriate authority: this definition was inserted, as from 18 September 2004, by section 3(4) Health and Disability Commissioner Amendment Act 2003 (2003 No 49). See section 22 of that Act as to the transitional provisions.
authority has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003; and includes the Social Workers Registration Board established by section 97 of the Social Workers Registration Act 2003
authority: this definition was inserted, as from 18 September 2004, by section 3(4) Health and Disability Commissioner Amendment Act 2003 (2003 No 49). See section 22 of that Act as to the transitional provisions.
authority: this definition was amended, as from 1 October 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by inserting the words “; and includes the Social Workers Registration Board established by section 97 of the Social Workers Registration Act 2003”
. See section 2(4) of that Act and also clause 3 Social Workers Registration Act Commencement Order 2003 (SR 2003/250) as to the commencement. See sections 178 to 227 of that Act as to the transitional provisions.
Code of Health and Disability Services Consumers' Rights or Code means the Code of Health and Disability Services Consumers' Rights for the time being prescribed by regulations made under section 74(1) of this Act
Commissioner means the Health and Disability Commissioner appointed in accordance with section 8 of this Act and section 28(1)(b) of the Crown Entities Act 2004
Commissioner: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “in accordance with section 8 of this Act and section 28(1)(b) of the Crown Entities Act 2004”
for the words “under section 8 of this Act”
.
Complaints Review Tribunal or Tribunal
[Repealed]
Complaints Review Tribunal or Tribunal: this definition was repealed, as from 1 January 2002, by section 71 Human Rights Amendment Act 2001 (2001 No 96).
Deputy Commissioner means a Deputy Health and Disability Commissioner appointed under section 9 of this Act
Deputy Commissioner: this definition was amended, as from 18 September 2004, by section 3(1) Health and Disability Commissioner Amendment Act 2003 (2003 No 49) by substituting the word “a”
for the word “the”
. See section 22 of that Act as to the transitional provisions.
Director of Advocacy means the person for the time being designated under section 24(1) of this Act as the Director of Health and Disability Services Consumer Advocacy
Director of Proceedings means the person for the time being designated under section 15(1) of this Act as the Director of Proceedings
Disability services includes goods, services, and facilities—
(a) Provided to people with disabilities for their care or support or to promote their independence; or
(b) Provided for purposes related or incidental to the care or support of people with disabilities or to the promotion of the independence of such people:
Disability services consumer means any person with a disability that—
(a) Reduces that person's ability to function independently; and
(b) Means that the person is likely to need support for an indefinite period:
Disability services provider means any person who provides, or holds himself or herself or itself out as providing, disability services
Disciplinary proceedings means proceedings of a disciplinary nature taken under any former health registration enactment or the Health Practitioners Competence Assurance Act 2003
Disciplinary proceedings: this definition was amended, as from 18 September 2004, by section 3(2) Health and Disability Commissioner Amendment Act 2003 (2003 No 49) by substituting the words “any former health registration enactment or the Health Practitioners Competence Assurance Act 2003”
for the words “any health registration enactment”
. See section 22 of that Act as to the transitional provisions.
Document has the meaning given to it by section 2(1) of the Official Information Act 1982
former health registration enactment means any of the former enactments specified in Schedule 1
former health registration enactment: this definition was inserted, as from 18 September 2004, by section 3(4) Health and Disability Commissioner Amendment Act 2003 (2003 No 49). See section 22 of that Act as to the transitional provisions.
Health means human health
health care institution means—
(a) premises used to provide health care services within the meaning of the Health and Disability Services (Safety) Act 2001, in compliance with that Act; or
(b) a children's health camp operated by Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development; or
(c) a certified institution within the meaning of the Alcoholism and Drug Addiction Act 1966
Health care institution: paragraph (c) of this definition was amended, as from 1 April 2000, by section 8 Children's Health Camps Board Dissolution Act 1999 (1999 No 141) by substituting the words “operated by Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development”
for the words “within the meaning of the Children's Health Camps Act 1972”
.
Health care institution: this definition was substituted, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93). See section 11 of that Act for transitional provisions.
Health care procedure means any health treatment, health examination, health teaching, or health research administered to or carried out on or in respect of any person by any health care provider; and includes any provision of health services to any person by any health care provider
Health care provider has the meaning given to it by section 3 of this Act
Health consumer includes any person on or in respect of whom any health care procedure is carried out
health practitioner—
(a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and
(b) includes—
(i) a former health practitioner within the meaning of that section; and
(ii) a person who was conditionally or unconditionally registered, or has held a certificate of registration, under a former health registration enactment; and
(iii) a person who is receiving training or gaining experience under the supervision of a health practitioner; and
(iii) a registered social worker within the meaning of the Social Workers Registration Act 2003
health practitioner: this definition was inserted, as from 18 September 2004, by section 3(4) Health and Disability Commissioner Amendment Act 2003 (2003 No 49). See section 22 of that Act as to the transitional provisions.
health practitioner: subparagraph (ii) of this definition was to be amended, as from 1 October 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by inserting the expression “; and”
. However, this amendment has been editorially made to the first subpara (iii) as subpara (ii) already included the expression “; and”
. See section 2(4) of that Act and also clause 3 Social Workers Registration Act Commencement Order 2003 (SR 2003/250) as to the commencement. See sections 178 to 227 of that Act as to the transitional provisions.
health practitioner: a second subparagraph (iii) of this definition was inserted, as from 1 October 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See section 2(4) of that Act and also clause 3 Social Workers Registration Act Commencement Order 2003 (SR 2003/250) as to the commencement. See sections 178 to 227 of that Act as to the transitional provisions.
Health professional body
[Repealed]
Health professional body: this definition was repealed, as from 18 September 2004, by section 3(3) Health and Disability Commissioner Amendment Act 2003 (2003 No 49). See section 22 of that Act as to the transitional provisions.
Health registration enactment
[Repealed]
Health registration enactment: this definition was repealed, as from 18 September 2004, by section 3(3) Health and Disability Commissioner Amendment Act 2003 (2003 No 49). See section 22 of that Act as to the transitional provisions.
Health services—
(a) Means—
(i) Services to promote health:
(ii) Services to protect health:
(iii) Services to prevent disease or ill-health:
(iv) Treatment services:
(v) Nursing services:
(vi) Rehabilitative services:
(vii) Diagnostic services; and
(b) Includes—
(i) Psychotherapy and counselling services:
(ii) Contraception services and advice:
(iii) Fertility services:
(iv) Sterilisation services:
health treatment, to avoid doubt, includes treatment of a person (A) that is, or is related to, the taking of human tissue from A for all or any of the following purposes:
(a) transplantation, or another therapeutic purpose, for the benefit of 1 or more persons other than A:
(b) educational purposes or research purposes
Human Rights Commission means the Human Rights Commission continued by section 4 of the Human Rights Act 1993
Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993.
Human Rights Review Tribunal or Tribunal: this definition was inserted, as from 1 January 2002, by section 71 Human Rights Amendment Act 2001 (2001 No 96).
Informed consent, in relation to a health consumer on or in respect of whom there is carried out any health care procedure, means consent to that procedure where that consent—
(a) Is freely given, by the health consumer or, where applicable, by any person who is entitled to consent on that health consumer's behalf; and
(b) Is obtained in accordance with such requirements as are prescribed by the Code:
Minister means the Minister of Health
Ministry means the Ministry of Health, being the department of the Public Service referred to by that name
Purchaser
[Repealed]
Purchaser: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Registered health professional
[Repealed]
Registered health professional: this definition was repealed, as from 18 September 2004, by section 3(3) Health and Disability Commissioner Amendment Act 2003 (2003 No 49). See section 22 of that Act as to the transitional provisions.
Services means health services and disability services or both
Sitting day means a sitting day of the House of Representatives.
(2) For the purposes of its application to any matter or situation arising or existing at any time, this Act—
(a) applies to an institution that was then a health care institution by virtue of the definition of that term then in subsection (1) as if it had always been a health care institution by virtue of the current definition of that term in that subsection; and
(b) applies to a person who was then a health care provider by virtue of section 3 as it then was as if the person had always been a health care institution by virtue of that section as it currently is.
Section 2(1) health treatment: inserted, on 1 November 2008, by section 90(2) of the Human Tissue Act 2008 (2008 No 28).
Subsection (2) was inserted, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93). See section 11 of that Act for transitional provisions.