New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
annual plan means an annual plan of a DHB under section 39
annual plan: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
board, in relation to a publicly-owned health and disability organisation, means the members of the board of the organisation
board: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the words “acting together as a board”
.
board committee, in relation to the board of a DHB, means the community and public health advisory committee, disability support advisory committee, or hospital advisory committee, and any other committee of the board appointed under clause 38(1) of Schedule 3
board member, in relation to a DHB, means a member of the board of that organisation
community and public health advisory committee means a committee established under section 34
conflict of interest, in relation to a person and a DHB, includes—
(a) the person's interest in a transaction (within the meaning of subsection (2)) of the DHB; and
(b) the person's interest that would, if the person were a member of the board of the DHB or a member of a committee of that board or a delegate of that board, be an interest in a transaction (within the meaning of subsection (2)) of the DHB; and
(c) to avoid any doubt, the employment or engagement of the person, or of the person's spouse or partner, as an employee or contractor of the DHB
conflict of interest: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the expression “DHB”
for the words “publicly-owned health and disability organisation”
in every case where they appear.
conflict of interest: paragraph (c) of this definition was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or partner”
after the word “spouse”
.
Crown means Her Majesty the Queen in right of New Zealand
Crown entity subsidiary has the meaning set out in section 8(2) of the Crown Entities Act 2004.
Crown entity subsidiary: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Crown funding agreement has the meaning given to it by section 10
CHFA means the Crown Health Financing Agency continued by section 57
CHFA: this definition was inserted, as from 17 May 2005, by section 5(1) New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63).
DHB means an organisation established as a DHB by or under section 19
Director-General means the chief executive or acting chief executive under the State Sector Act 1988 of the Ministry of Health
disability support advisory committee means a committee established under section 35
disability support services includes goods, services, and facilities—
(a) provided to people with disabilities for their care or support or to promote their inclusion and participation in society, and independence; or
(b) provided for purposes related or incidental to the care or support of people with disabilities or to the promotion of the inclusion and participation in society, and independence of such people
district strategic plan means a plan of a DHB determined under section 38 covering a period of at least 5, and not more than 10, years
eligible people means people who are eligible to receive services funded under this Act, as specified by the Minister in a direction issued under section 103 of the Crown Entities Act 2004
eligible people: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “section 103 of the Crown Entities Act 2004”
for the expression “section 32”
.
good employer has the same meaning as in section 118 of the Crown Entities Act 2004.
good employer: this definition was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
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 is receiving training or gaining experience under the supervision of a health practitioner.
health practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
health professional body has the same meaning as that given to the term authority by section 5(1) of the Health Practitioners Competence Assurance Act 2003
health professional body: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
health services means personal health services and public health services
hospital advisory committee means a committee established under section 36
inquiry board has the meaning specified in section 72(1)
Maori, in sections 29(4), 34, 35, and 36, and clause 38(2) of Schedule 3, means a person of the Maori race of New Zealand, and includes any descendant of such a person
Minister means the Minister of Health
Ministry of Health means the department of the Public Service referred to by that name
monitor, in relation to a Crown funding agreement and in relation to the functions specified in section 23(1)(i) and in section 25,—
(a) means to analyse on the basis of information provided under any relevant agreement and any other relevant substantiated information; and
(b) includes assessing the timeliness of provision of information required to be provided under any agreement
NZBS means the New Zealand Blood Service established by section 54
New Zealand disability strategy means a strategy referred to in section 8(2)
New Zealand health strategy means a strategy referred to in section 8(1)
partner, in the phrase “spouse or partner”
and in related contexts, means a civil union partner or a de facto partner
partner: this definition was inserted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).
personal health means the health of an individual
personal health services means goods, services, and facilities provided to an individual for the purpose of improving or protecting the health of that individual, whether or not they are also provided for another purpose; and includes goods, services, and facilities provided for related or incidental purposes
Pharmac means the Pharmaceutical Management Agency established by section 46
pharmaceutical means a medicine, therapeutic medical device, or related product or related thing
pharmaceutical schedule means the list of pharmaceuticals for the time being in force that states, in respect of each pharmaceutical, the subsidy that the Crown intends to provide for the supply of that pharmaceutical to a person who is eligible for the subsidy
provider means a person who provides, or arranges the provision of, services
public health means the health of all of—
(a) the people of New Zealand; or
(b) a community or section of such people
publicly-owned health and disability organisation means a DHB, Pharmac, NZBS, and CHFA
publicly-owned health and disability organisation: this definition was amended, as from 17 May 2005, by section 5(1) New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63) by substituting the expression “CHFA”
for the expression “RHMU”
.
public health services means goods, services, and facilities provided for the purpose of improving, promoting, or protecting public health or preventing population-wide disease, disability, or injury; and includes—
(a) regulatory functions relating to health or disability matters; and
(b) health protection and health promotion services; and
(c) goods, services, and facilities provided for related or incidental functions or purposes
publicly available, in relation to a document, means that the document is promptly provided on request by any person on payment of a charge, if any, that is reasonable
resident population, in relation to a DHB, means the eligible people residing in the geographical area of the DHB (as specified in Schedule 1)
RHMU
[Repealed]
RHMU: this definition was repealed, as from 17 May 2005, by section 5(1) New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63).
service agreement has the meaning given to it by section 25
services means health services and disability support services
sitting day
[Repealed]
sitting day: this definition was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
spouse
[Repealed]
spouse: this definition was repealed, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).
statement of intent means a statement of intent prepared in accordance with the Crown Entities Act 2004 and section 42 or section 67
statement of intent: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “the Crown Entities Act 2004”
for the words “the Public Finance Act 1989”
.
subsidiary
[Repealed]
subsidiary: this definition was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
transaction, in relation to a DHB, means—
(a) the exercise or performance of a function, duty, or power of the DHB; or
(b) an arrangement, agreement, or contract to which the DHB is a party; or
(c) a proposal that the DHB enter into an arrangement, agreement, or contract.
transaction: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the expression “DHB”
for the words “publicly-owned health and disability organisation”
in every case where they appear.
(2) For the purposes of this Act, a person who is a member of a board of a DHB or a member of a committee of such board or a delegate of such board is interested in a transaction of a DHB if, and only if, the board member or member of the committee or the delegate—
(a) is a party to, or will derive a financial benefit from, the transaction; or
(b) has a financial interest in another party to the transaction; or
(c) is a director, member, official, partner, or trustee of another party to, or person who will or may derive a financial benefit from, the transaction, not being a party that is—
(i) the Crown; or
(ii) a publicly-owned health and disability organisation; or
(iii) a body that is wholly owned by 1 or more publicly-owned health and disability organisations; or
(d) is the parent, child, spouse or partner of another party to, or person who will or may derive a financial benefit from, the transaction; or
(e) is otherwise directly or indirectly interested in the transaction.
(3) A person is not interested in a transaction for the purposes of subsection (2)—
(a) if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under this Act or another Act; or
(b) because he or she receives remuneration or other benefits authorised under this Act or another Act.
Subsection (2) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Subsection (2)(d) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “spouse or partner”
for the words “de facto partner (whether of the same or different sex), or spouse”
.
Subsection (3) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).