New Zealand Public Health and Disability Act 2000

23 Functions of DHBs

(1)

For the purpose of pursuing its objectives, each DHB has the following functions:

(a)

to ensure the provision of services for its resident population and for other people as specified in its Crown funding agreement:

(b)

to actively investigate, facilitate, sponsor, and develop co-operative and collaborative arrangements with persons in the health and disability sector or in any other sector to improve, promote, and protect the health of people, and to promote the inclusion and participation in society and independence of people with disabilities:

(ba)

to collaborate with relevant organisations to plan and co-ordinate at local, regional, and national levels for the most effective and efficient delivery of health services:

(c)

to issue relevant information to the resident population, persons in the health and disability sector, and persons in any other sector working to improve, promote, and protect the health of people for the purposes of paragraphs (a) and (b):

(d)

to establish and maintain processes to enable Maori to participate in, and contribute to, strategies for Maori health improvement:

(e)

to continue to foster the development of Maori capacity for participating in the health and disability sector and for providing for the needs of Maori:

(f)

to provide relevant information to Maori for the purposes of paragraphs (d) and (e):

(g)

to regularly investigate, assess, and monitor the health status of its resident population, any factors that the DHB believes may adversely affect the health status of that population, and the needs of that population for services:

(h)

to promote the reduction of adverse social and environmental effects on the health of people and communities:

(i)

to monitor the delivery and performance of services by it and by persons engaged by it to provide or arrange for the provision of services:

(j)

to participate, where appropriate, in the training of health practitioners and other workers in the health and disability sector:

(k)

to provide information to the Minister for the purposes of policy development, planning, and monitoring in relation to the performance of the DHB and to the health and disability support needs of New Zealanders:

(l)

to provide, or arrange for the provision of, services on behalf of the Crown or any Crown entity within the meaning of the Crown Entities Act 2004:

(m)

to collaborate with pre-schools and schools within its geographical area on the fostering of health promotion and on disease prevention programmes:

(n)

to perform any other functions it is for the time being given by or under any enactment, or authorised to perform by the Minister by written notice to the board of the DHB after consultation with it.

(2)

The Minister must, as soon as practicable after giving a notice to a DHB under subsection (1)(n), publish in the Gazette, and present to the House of Representatives, a copy of the notice.

(3)

Subsection (1)(c), (f), and (k) is subject to the Privacy Act 1993.

(4)

Subsection (1)(c) and (f) does not require a DHB to provide any information that could properly be withheld under the Official Information Act 1982, if a request for that information were made under that Act.

(5)

A DHB that, in reliance on subsection (4), decides not to provide relevant information must advise the persons concerned of that decision.

(6)

To avoid any doubt, subsection (1)(d) does not limit the capacity of a DHB to establish and maintain processes to enable other population groups to participate in, and contribute to, strategies for the improvement of the health of those groups.

(7)

In performing any of its functions in relation to the supply of pharmaceuticals, a DHB must not act inconsistently with the pharmaceutical schedule.

(8)

In subsection (1)(ba), relevant organisations means 1 or more organisations that a DHB considers relevant to the provision of health services at a local, regional, or national level (for example, a DHB, the Ministry of Health, or an organisation that provides services under a service agreement).

Section 23(1)(ba): inserted, on 9 November 2010, by section 9(1) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).

Section 23(1)(j): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 23(1)(l): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23(8): added, on 9 November 2010, by section 9(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).