New Zealand Public Health and Disability Act 2000

Ministerial directions to all DHBs

  • Heading: inserted, on 24 February 2011, by section 14 of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).

33B Minister may give directions to all DHBs
  • (1) The Minister may give a direction to all DHBs to comply with stated requirements for the purpose of supporting government policy on improving the effectiveness and efficiency of the public health and disability sector.

    (2) The direction must be in writing and must be signed by the Minister and the Minister of Finance.

    (3) Before giving the direction, the Minister must, to the extent (if any) that the Minister considers necessary in the circumstances,—

    • (a) consult all DHBs; and

    • (b) consult persons that the Minister considers are representative of the interests of persons likely to be substantially affected by the proposed direction.

    (4) As soon as practicable after giving the direction, the Minister must—

    • (a) notify all DHBs that the direction has been given and that it will come into force subject to subsection (5); and

    • (b) present a copy of the direction to the House of Representatives.

    (5) The direction comes into force 15 sitting days after it is presented to the House of Representatives unless the House of Representatives resolves, in that period, to disapply the direction.

    (6) Every DHB must give effect to the direction as soon as it comes into force.

    (7) As soon as practicable after the direction comes into force, the Minister must ensure that a copy of it is published in the Gazette and on an Internet site operated by the Ministry of Health.

    (8) If the direction does not come into force, the Minister must, as soon as practicable, notify all DHBs that the direction has been disapplied and that it will not come into force.

    (9) Section 113 of the Crown Entities Act 2004 applies to a direction given under this section as if it were a Ministerial direction given under that Act.

    (10) No direction may be given under this section to Crown entity subsidiaries.

    (11) For the purposes of section 115(5) of the Crown Entities Act 2004, the procedure set out in this section is a procedure for giving directions.

    Compare: 2004 No 115 ss 107–111, 113

    Section 33B: inserted, on 24 February 2011, by section 14 of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).