New Zealand Public Health and Disability Act 2000

Reprint as at 30 June 2015

Coat of Arms of New Zealand

New Zealand Public Health and Disability Act 2000

Public Act
 
2000 No 91
Date of assent
 
14 December 2000
Commencement
 
see 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

1Title
2Commencement
3Purpose
4Treaty of Waitangi
5Outline
6Interpretation
7Act to bind the Crown
8Health and disability strategies
9Strategies for standards and quality assurance programmes
10Crown funding agreements
11Ministerial committees
12Information about committees to be made public
13National advisory committee on health and disability
14Public health advisory committee
15Health workforce advisory committee
16National advisory committee on health and disability support services ethics
17National health epidemiology and quality assurance advisory committee [Repealed]
18Mortality review committees [Repealed]
19Establishment of DHBs
20Process for restructuring geographical areas of DHBs
21Application of Crown Entities Act 2004 to DHBs
22Objectives of DHBs
23Functions of DHBs
24Co-operative agreements and arrangements
25Service agreements
26Role of board
27Duties of board
28Shares in bodies corporate or interests in associations
29Membership of boards
30Crown monitors to sit on boards
31Replacement of board by commissioner
32Ministerial directions
33Minister may require provision of services
33AProposals and directions in relation to administrative, support, and procurement services
33BMinister may give directions to all DHBs
34Community and public health advisory committees
35Disability support advisory committees
36Hospital advisory committees
37Responsibility of board [Repealed]
38Planning framework and requirements
39Resolution of disputes over contents of plan
40Consultation on proposed changes to annual plan [Repealed]
41DHBs to operate in financially responsible manner
42Accountability documents under Crown Entities Act 2004
43Auditor [Repealed]
44Provision of information
45Other provisions in schedules
46Pharmac
47Objectives of Pharmac
48Functions of Pharmac
49Pharmac to consult in implementing objectives and carrying out functions
50Board of Pharmac to establish advisory committees
51Publication of notices
52Membership of board
53Exemption from Part 2 of Commerce Act 1986
54NZBS
55Functions of NZBS
56Membership of board
57Health Promotion Agency established
58Functions, duties, and powers of HPA
59Provisions relating to grants, sponsorship, and other matters
59AALevies for alcohol-related purposes
59AHealth Quality and Safety Commission
59BObjectives of HQSC
59CFunctions of HQSC
59DMembership of board
59EHQSC may appoint mortality review committees
60Interpretation
61Role of board
62Duties of board members [Repealed]
63Shares in bodies corporate or interests in associations [Repealed]
64Annual plans [Repealed]
65Restrictions on directions by Minister
66Pharmac, NZBS, and HPA to operate in financially responsible manner
67Accountability documents under Crown Entities Act 2004
68Auditor [Repealed]
69Provision of information
70Further provisions
70APurpose of this Part
70BInterpretation
70CPersons generally not to be paid for providing support services to family members
70DFamily care policy
70EClaims of unlawful discrimination in respect of this Act or family care policy precluded
70FCertificates relating to family care policies
70GSavings
71Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct inquiry or investigation
72Minister may appoint inquiry board to conduct special health inquiry
73Consultation required before inquiry board appointed to inquire into certain matters
74Discussion required before inquiry board appointed
75Establishment and alteration of inquiry
76Protection of inquiry board
77Instructions as to procedure
78Further requirements as to procedure
79Inquiry hearings and evidence generally to be public
80Supplementary procedure
81Evidence
82Powers to investigate
83Power to summon witnesses
84Service of summons
85Protection of witnesses
86Offences
87Saving of certain transactions
88Arrangements relating to payments
89Principles of national consistency applicable to notices under section 88
90Exclusion of liability
91No compensation for loss of office
92Regulations
93Interpretation
94Health Funding Authority dissolved and assets and liabilities vested in the Crown
95Hospital and health services dissolved and assets and liabilities vested in DHBs
96Assets and liabilities of New Zealand Blood Service Limited vested in NZBS
97Former directors of New Zealand Blood Service Limited to be transitional members of NZBS
98Pharmaceutical Management Agency Limited dissolved and assets and liabilities vested in Pharmac
99Former directors of Pharmaceutical Management Agency Limited to be transitional members of board of Pharmac
100Health Sector (Transfers) Act 1993 to apply to vestings under this Act
101Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of dissolved entities and certain employees of Ministry of Health
102References to dissolved entities to be references to their successors
103Persons in whom assets and liabilities vested deemed dissolved entities for certain purposes
104Meaning of final report
105Final reports of dissolved entities
106Transitional board members
107Amendments to Commerce Act 1986
108Amendments to State Sector Act 1988
109Amendment to Mental Health Commission Act 1998
110Consequential repeals and revocations
111Consequential amendments
112Saving
113Interim authority of Crown to incur liabilities
114Consultation for first New Zealand health strategy and first New Zealand disability strategy
Reprint notes