New Zealand Public Health and Disability Act 2000

6 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    board, in relation to a publicly-owned health and disability organisation, means the members of the board of the organisation

    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 publicly-owned health and disability organisation, 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

    Crown means Her Majesty the Queen in right of New Zealand

    Crown entity subsidiary has the meaning set out in the second column of section 7(1)(c) of the Crown Entities Act 2004

    Crown funding agreement has the meaning given to it by section 10

    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

    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

    good employer has the same meaning as in section 118 of the Crown Entities Act 2004

    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 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 services means personal health services and public health services

    hospital advisory committee means a committee established under section 36

    HPA means the Health Promotion Agency established by section 57

    HQSC means the Health Quality and Safety Commission established by section 59A(1)

    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

    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)

    NZBS means the New Zealand Blood Service established by section 54

    partner, in the phrase spouse or partner and in related contexts, means a civil union partner or de facto partner

    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

    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

    publicly-owned health and disability organisation means a DHB, Pharmac, NZBS, HPA, and HQSC

    resident population, in relation to a DHB, means the eligible people residing in the geographical area of the DHB (as specified in Schedule 1)

    service agreement has the meaning given to it by section 25

    services means health services and disability support services

    statement of intent means a statement of intent prepared in accordance with the Crown Entities Act 2004 and section 42 or section 67

    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.

    (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.

    Section 6(1) annual plan: repealed, on 24 February 2011, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).

    Section 6(1) board: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) CHFA: repealed, on 1 July 2012, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).

    Section 6(1) conflict of interest: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) conflict of interest paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) conflict of interest paragraph (b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) conflict of interest paragraph (c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 6(1) conflict of interest paragraph (c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) Crown entity subsidiary: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) Crown entity subsidiary: amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013 No 51).

    Section 6(1) district strategic plan: repealed, on 24 February 2011, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).

    Section 6(1) eligible people: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) good employer: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) health practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 6(1) health professional body: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 6(1) HPA: inserted, on 1 July 2012, by section 5(3) of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).

    Section 6(1) HQSC: inserted, on 9 November 2010, by section 5(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).

    Section 6(1) partner: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 6(1) publicly-owned health and disability organisation: amended, on 1 July 2012, by section 5(2) of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).

    Section 6(1) publicly-owned health and disability organisation: amended, on 9 November 2010, by section 5(3) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).

    Section 6(1) RHMU: repealed, on 17 May 2005, by section 5(1) of the New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63).

    Section 6(1) sitting day: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) spouse: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 6(1) statement of intent: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) subsidiary: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) transaction: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) transaction paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) transaction paragraph (b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(1) transaction paragraph (c): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 6(2)(d): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 6(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).