New Zealand Public Health and Disability Act 2000

Reprint as at 1 December 2014

New Zealand Public Health and Disability Act 2000

Public Act2000 No 91
Date of assent14 December 2000
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose

4 Treaty of Waitangi

5 Outline

6 Interpretation

7 Act to bind the Crown

Part 2
Responsibilities of Minister

8 Health and disability strategies

9 Strategies for standards and quality assurance programmes

10 Crown funding agreements

11 Ministerial committees

12 Information about committees to be made public

13 National advisory committee on health and disability

14 Public health advisory committee

15 Health workforce advisory committee

16 National advisory committee on health and disability support services ethics

17 National health epidemiology and quality assurance advisory committee [Repealed]

18 Mortality review committees [Repealed]

Part 3
District Health Boards

19 Establishment of DHBs

20 Process for restructuring geographical areas of DHBs

21 Application of Crown Entities Act 2004 to DHBs

22 Objectives of DHBs

23 Functions of DHBs

24 Co-operative agreements and arrangements

25 Service agreements

Boards of DHBs

26 Role of board

27 Duties of board

28 Shares in bodies corporate or interests in associations

29 Membership of boards

30 Crown monitors to sit on boards

31 Replacement of board by commissioner

32 Ministerial directions

33 Minister may require provision of services

33A Proposals and directions in relation to administrative, support, and procurement services

Ministerial directions to all DHBs

33B Minister may give directions to all DHBs

Committees

34 Community and public health advisory committees

35 Disability support advisory committees

36 Hospital advisory committees

Accountability of DHBs

37 Responsibility of board [Repealed]

38 Planning framework and requirements

39 Resolution of disputes over contents of plan

40 Consultation on proposed changes to annual plan [Repealed]

Financial provisions

41 DHBs to operate in financially responsible manner

42 Accountability documents under Crown Entities Act 2004

43 Auditor [Repealed]

Miscellaneous

44 Provision of information

45 Other provisions in schedules

Part 4
Other publicly-owned health and disability organisations

Pharmaceutical Management Agency

46 Pharmac

47 Objectives of Pharmac

48 Functions of Pharmac

49 Pharmac to consult in implementing objectives and carrying out functions

50 Board of Pharmac to establish advisory committees

51 Publication of notices

52 Membership of board

53 Exemption from Part 2 of Commerce Act 1986

New Zealand Blood Service

54 NZBS

55 Functions of NZBS

56 Membership of board

Health Promotion Agency

57 Health Promotion Agency established

58 Functions, duties, and powers of HPA

59 Provisions relating to grants, sponsorship, and other matters

Levies

59AA Levies for alcohol-related purposes

Health Quality and Safety Commission

59A Health Quality and Safety Commission

59B Objectives of HQSC

59C Functions of HQSC

59D Membership of board

59E HQSC may appoint mortality review committees

Other provisions

60 Interpretation

61 Role of board

62 Duties of board members [Repealed]

63 Shares in bodies corporate or interests in associations [Repealed]

64 Annual plans [Repealed]

65 Restrictions on directions by Minister

66 Pharmac, NZBS, and HPA to operate in financially responsible manner

67 Accountability documents under Crown Entities Act 2004

68 Auditor [Repealed]

69 Provision of information

70 Further provisions

Part 4A
Family care policies

70A Purpose of this Part

70B Interpretation

70C Persons generally not to be paid for providing support services to family members

70D Family care policy

70E Claims of unlawful discrimination in respect of this Act or family care policy precluded

70F Certificates relating to family care policies

70G Savings

Part 5
Inquiries

Inquiries and investigations under Commissions of Inquiry Act 1908

71 Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct inquiry or investigation

Special health inquiries

72 Minister may appoint inquiry board to conduct special health inquiry

73 Consultation required before inquiry board appointed to inquire into certain matters

74 Discussion required before inquiry board appointed

75 Establishment and alteration of inquiry

76 Protection of inquiry board

77 Instructions as to procedure

78 Further requirements as to procedure

79 Inquiry hearings and evidence generally to be public

80 Supplementary procedure

81 Evidence

82 Powers to investigate

83 Power to summon witnesses

84 Service of summons

85 Protection of witnesses

86 Offences

Part 6
Miscellaneous provisions

87 Saving of certain transactions

88 Arrangements relating to payments

89 Principles of national consistency applicable to notices under section 88

90 Exclusion of liability

91 No compensation for loss of office

92 Regulations

Part 7
Transitional and consequential provisions

93 Interpretation

Assets and liabilities of dissolved entities to vest in publicly-owned health and disability organisations

94 Health Funding Authority dissolved and assets and liabilities vested in the Crown

95 Hospital and health services dissolved and assets and liabilities vested in DHBs

96 Assets and liabilities of New Zealand Blood Service Limited vested in NZBS

97 Former directors of New Zealand Blood Service Limited to be transitional members of NZBS

98 Pharmaceutical Management Agency Limited dissolved and assets and liabilities vested in Pharmac

99 Former directors of Pharmaceutical Management Agency Limited to be transitional members of board of Pharmac

100 Health Sector (Transfers) Act 1993 to apply to vestings under this Act

101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of dissolved entities and certain employees of Ministry of Health

102 References to dissolved entities to be references to their successors

103 Persons in whom assets and liabilities vested deemed dissolved entities for certain purposes

Transitional provisions relating to annual reports and financial statements of dissolved entities

104 Meaning of final report

105 Final reports of dissolved entities

All positions on boards of DHBs filled by appointment until first elections

106 Transitional board members

Amendments to other Acts

107 Amendments to Commerce Act 1986

108 Amendments to State Sector Act 1988

109 Amendment to Mental Health Commission Act 1998

Consequential repeals, revocations, and amendments

110 Consequential repeals and revocations

111 Consequential amendments

112 Saving

Appropriations for purposes of Act

113 Interim authority of Crown to incur liabilities

Transitional provisions relating to New Zealand health strategy and New Zealand disability strategy

114 Consultation for first New Zealand health strategy and first New Zealand disability strategy

Schedule 1
DHBs and their geographical areas

Schedule 2
Membership of boards: Election and appointment of members, and effect of boundary changes on membership

Schedule 3
Provisions applying to DHBs and their boards

Schedule 4
Provisions applying to community and public health advisory committees, disability support advisory committees, and hospital advisory committees

Schedule 4A
Provisions relating to imposition and payment of HPA levies

Schedule 4B
Classes of alcohol and rates for each class

Schedule 5
Provisions applying to mortality review committees

Schedule 6
Further provisions applying to Pharmac, NZBS, HPA, and HQSC

Schedule 7
Vesting of assets and liabilities of hospital and health services in DHBs

Schedule 8
Consequential revocations of instruments

Schedule 9
Consequential amendments to Acts

Schedule 10
Consequential amendments to other instruments

New Zealand Public Health and Disability Amendment Act 2010

New Zealand Public Health and Disability Amendment Act 2012

Reprint notes