New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 1 November 2008
| Public Act | 2001 No 93 |
| Date of assent | 30 November 2001 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Health.
The Parliament of New Zealand enacts as follows:
This Act is the Health and Disability Services (Safety) Act 2001.
The purpose of this Act is to—
(a) promote the safe provision of health and disability services to the public; and
(b) enable the establishment of consistent and reasonable standards for providing health and disability services to the public safely; and
(c) encourage providers of health and disability services to take responsibility for providing those services to the public safely; and
(d) encourage providers of health and disability services to the public to improve continuously the quality of those services.
(1) In this Act, unless the context otherwise requires,—
affected consumers, in relation to any service standards or proposed service standards for providing health or disability services of any kind, means people for whom services of that kind are provided
affected providers, in relation to any service standards or proposed service standards for providing health or disability services of any kind, means people providing services of that kind
auditing agency means a person for the time being designated under section 32(1)
audit report means a written report, prepared by an auditing agency, on the provision of health care services of a particular kind; and—
(a) in relation to an auditing agency and a certified provider, means an audit report by the agency on the person's present and likely future provision of health care services of a kind the person is certified to provide, prepared in the light of—
(i) the relevant service standards; and
(ii) any conditions subject to which the person is certified to provide services of that kind; and
(iii) any requirements the person is required to meet by virtue of an exemption under section 23(1) from an element of those standards; and
(iv) any conditions subject to which the person is exempted from an element of those standards; and
(b) in relation to an auditing agency and a person intending to provide but not yet certified to provide health care services of any kind, means an audit report by the agency on the person's likely future provision of services of that kind, prepared in the light of the relevant service standards
authorised person—
(a) means a person authorised in writing by the Director-General to enter and inspect places for the purposes of this Act:
(b) includes the Director-General
certified provider means a person for the time being certified under section 26(1)
cessation order means an order under section 48(1)
closing order means an order under section 49(1)
Director-General means the chief executive of the Ministry
health care services means services that are hospital care, residential disability care, rest home care, or specified health or disability services
health care services of any kind means services that are hospital care of any kind, residential disability care of any kind, rest home care of any kind, or specified health or disability services of any kind
health or disability services has the meaning given to it by section 5(1)
hospital care means services that are children's health services, geriatric services, maternity services, medical services, mental health services, or surgical services (or services of 2 or more of those kinds) provided—
(a) in premises held out by the person providing or intending to provide the services as being capable of accommodating 2 or more of the people for whom the services are provided for continuous periods of 24 hours or longer; and
(b) in consideration of payment (whether made or to be made, and whether by the Crown, the people for whom the services are provided, or any other person)
kind includes description
mental health services includes services provided in relation to drug or alcohol abuse
Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act
place includes vehicle
relevant service standards, in relation to health care services of any kind, means service standards (whether 1 set or 2 or more sets) for providing services of that kind
residential disability care means residential care provided in any premises for 5 or more people with an intellectual, physical, psychiatric, or sensory disability (or a combination of 2 or more such disabilities) to help them function independently
rest home care has the meaning given to it by section 6(2)
service standards means standards for the time being approved under section 13 (as from time to time amended by amendments approved under section 14(1)).
specified health or disability services, means services of any kind declared under section 7 to be services to which this Act applies.
(2) Services may be health or disability services, even if they are or include the provision of goods.
(1) In this Act, health or disability services—
(a) means services of any of the following kinds:
(i) chiropractic services, dental services, fertility services, geriatric services, gynaecological services, habilitation services, maternity services, medical services, mental health services, obstetric services, osteopathy services, rehabilitation services, physiotherapy services, and surgical services:
(ii) collecting, storing, or transporting human tissue or human bodily substances for the purposes of, or in connection with, the provision or prospective provision of health or disability services:
(iii) services, provided to people with disabilities or people who are frail (whether because of their age or for some other reason), for their care or support or to promote their independence; and
(b) includes services intended to prevent, or lessen the prevalence or severity of, illness or injury; and
(c) includes any services within the meaning of the New Zealand Public Health and Disability Act 2000; and
(d) includes services intended to enable the detection, the diagnosis, the determination of the nature or extent or prognosis, or the monitoring, of any illness, injury, or other condition, the treatment of which (or the treatment of the effects of which) is or would be providing health or disability services of any kind, for example—
(i) biochemical, chemical, cytogenetic, cytological, haematological, histopathological, immunological, microbiological, sensory, or serological analysis, examination, scanning, screening, or testing:
(ii) examining, scanning, screening, or testing people using electro-magnetic or ionising radiation, magnetism, or sound; and
(e) includes administering the provision of health or disability services.
(2) Subparagraphs (i) and (ii) of paragraph (d) of subsection (1) do not limit the generality of that paragraph or of paragraph (a) of that subsection.
Subsection (1)(c) was amended, as from 17 May 2005, by section 3 Health and Disability Services (Safety) Amendment Act 2005 (2005 No 56) by omitting the word “Services”
.
(1) This subsection applies to services that—
(a) are residential care provided for the care or support of, or to promote the independence of, people who are frail (whether because of their age or for some other reason); and
(b) neither include nor are provided together with geriatric services.
(2) In this Act, rest home care means services to which subsection (1) applies that are provided for 3 or more people unrelated by blood or marriage (or by or through a civil union or a de facto relationship) to the person providing the services—
(a) in premises held out by the person providing the services as being principally a residence for people who are frail because of their age; and
(b) in consideration of payment (whether made or to be made, and whether by the Crown, the people for whom the services are provided, or any other person).
Subsection (2) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “(or by or through a civil union or a de facto relationship)”
for the words “(or a relationship in the nature of marriage}”
.
(1) The Governor-General may, by Order in Council made on the Minister's recommendation, declare health or disability services of any kind to be services to which this Act applies.
(2) The Minister must not recommend the making of an order unless satisfied that—
(a) service standards for services of the kind concerned are in force, or will be in force within 12 months of the commencement of the order; and
(b) the order will come into force late enough to give affected providers a reasonable time to comply with the standards, and in any event no earlier than 12 months after it is made.
(3) An order cannot be revoked by Order in Council; and cannot be amended by Order in Council except to correct an error or omission.
(1) This Act does not apply to services provided in premises that are—
(a) a prison within the meaning of section 3(1) of the Corrections Act 2004; or
(b) a residence established under section 364 of the Children, Young Persons, and Their Families Act 1989; or
(c) a children's health camp operated by Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development.
(2) This Act does not apply to services provided in any premises (other than any particular premises specified in the order as being premises to which this Act applies) that are premises of a kind for the time being declared by the Governor-General by Order in Council to be premises to which this Act does not apply.
(3) An order under subsection (2) may be amended or revoked by Order in Council; but the amending or revoking order must not come into force any sooner than 12 months after it is made.
Subsection (1)(a) was substituted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
A person providing health care services of any kind must do so—
(a) while certified by the Director-General to provide health care services of that kind; and
(b) while meeting all relevant service standards; and
(c) in compliance with any conditions subject to which the person was certified by the Director-General to provide health care services of that kind; and
(d) in compliance with this Act; and
(e) if the services are rest home care, or geriatric services that are hospital care, in compliance with any applicable regulations under section 53(1)(a).
Section 9 does not prevent an individual person who is not certified by the Director-General to provide health care services of any kind from providing health care services of that kind as the agent, employee, officer, or servant of some other person who is certified by the Director-General to provide health care services of that kind.
(1) The provision before 1 October 2004 of hospital care complies with section 9 if it comprises—
(a) children's health services provided in premises licensed as a children's hospital; or
(b) convalescent services provided in premises licensed as a convalescent hospital; or
(c) geriatric services provided in premises licensed as a geriatric hospital; or
(d) maternity services provided in premises licensed as a maternity hospital; or
(e) medical services provided in premises licensed as a medical hospital; or
(f) mental health services provided in premises licensed as a psychiatric hospital; or
(g) surgical services provided in premises licensed as a surgical hospital.
(2) In subsection (1), licensed means licensed under the Hospitals Act 1957.
(3) The provision of residential disability care before 1 October 2004 complies with section 9 if the care is provided in a home registered or deemed to be registered under Part 2 of the Disabled Persons Community Welfare Act 1975.
(4) The provision of rest home care before 1 October 2004 complies with section 9 if the care is provided—
(a) in a home within the meaning of the Old People's Homes Regulations 1987; and
(b) under the authority and in accordance with the terms of a licence granted under those regulations.
(5) This section expires on 1 October 2004.
This Act binds the Crown.
The Minister may, by written notice describing by name the standards concerned, approve standards for providing health or disability services of any kind.
(1) The Minister may, by written notice describing by name both the standards concerned and the amendments concerned, approve amendments of service standards.
(1) The Minister may not delegate the power to approve standards or amendments of standards, or the power to revoke approvals of standards or amendments of standards.
(2) Subsection (1) overrides section 28 of the State Sector Act 1988.
(1) A notice under section 13 or section 14 is regulations for the purposes of the Regulations (Disallowance) Act 1989.
(2) The Director-General may sign a written certificate that, on a day stated in the certificate, a document (or a document and 1 or more amendments to it) attached to the certificate constituted service standards for providing health or disability services of a kind or kinds stated in the certificate; and—
(a) in the absence of proof to the contrary, the certificate is proof of the matters stated in it; and
(b) a court or person acting judicially must take judicial notice of the Director-General's signature.
The Director-General must take all practicable steps to ensure that—
(a) there are available for purchase at a reasonable price during ordinary business hours, at places designated by the Director-General for the purpose, enough copies of all service standards and amendments of service standards for the time being in force; and
(b) copies of those standards and amendments, and a list of those places, are available for inspection free of charge during ordinary office hours, at the offices of the Ministry.
(1) The Minister must not approve standards for providing health or disability services of any kind unless the Minister—
(a) has consulted (as required by section 20) on either—
(i) whether standards contained in an existing document or documents should be approved as service standards for providing services of that kind; or
(ii) what service standards for providing services of that kind should be approved; and
(b) has considered the outcome of the consultation; and
(c) if the Minister consulted on what service standards for providing services of that kind should be approved,—
(i) in the light of the consultation, has created an initial draft of the proposed standards; and
(ii) has consulted further (as required by section 20) on whether the initial draft should be approved as service standards for providing services of that kind; and
(d) is satisfied that requiring providers of services of that kind to provide them in compliance with the standards approved would be in the public interest, having regard to—
(i) the extent to which compliance would be likely to ensure the safe provision of services of that kind to the public; and
(ii) the likely costs to providers of compliance.
(2) The Minister may consult under subsection (1)(a)(ii) by reference to an existing document or documents relating to providing health or disability services.
(3) Consultation under section 24 in relation to service standards for providing health care services of any kind is compliance with subsection (1)(a)(ii) for the purpose of approving new standards for providing some or all of the health care services of that kind.
(1) The Minister must not approve amendments of service standards for providing health or disability services of any kind unless the Minister—
(a) has consulted (as required by section 20) on whether the amendments should be made to the standards; and
(b) has considered the outcome of the consultation; and
(c) is satisfied that requiring providers of services of that kind to provide them in compliance with the standards as amended by the amendments approved would be in the public interest, having regard to—
(i) the extent to which compliance would be likely to ensure the safe provision of services of that kind to the public; and
(ii) the likely costs to providers of compliance.
If required by section 18 or section 19 or section 24 to consult on a matter relating to health or disability services of any kind, the Minister—
(a) must make reasonable attempts to consult—
(i) organisations known to the Minister to represent affected consumers; and
(ii) organisations known to the Minister to represent affected providers; and
(iii) all Crown entities (within the meaning of section 2(1) of the Public Finance Act 1989) whose functions are, include, or are capable of including, purchasing services of that kind; and
(iv) a reasonably representative sample of affected providers; and
(v) a reasonably representative sample of affected consumers or (if the Minister thinks it more appropriate) a reasonably representative sample of people who would be entitled to consent on behalf of affected consumers to the provision of services of that kind to affected consumers; and
(b) if services of that kind are usually provided by people who must be registered or licensed by, or be members of, some body established or recognised by law before they may lawfully provide services of that kind, must also consult that body.
(1) Service standards may include elements of any or all of the following kinds:
(a) general statements of appropriate care delivery outcomes for providers of health care services of all kinds:
(b) statements of appropriate care delivery outcomes for providers of health or disability services of any kind:
(c) statements of appropriate care delivery outcomes for particular aspects of providing health or disability services of any kind:
(d) statements of appropriate outcomes, procedures, or techniques for particular aspects of providing health or disability services of any kind:
(e) technical recommendations or specifications for particular aspects of providing health or disability services of any kind:
(f) technical recommendations or specifications for equipment, facilities, goods, or materials, used in providing health or disability services, or health or disability services of any kind:
(g) in the case of hospital care or rest home care, a means by which there can be ascertained—
(i) minimum numbers of nursing and other care staff who must be on duty (at any time, or at different times) in premises in which the care is being provided; and
(ii) any minimum qualifications any of them must have.
(2) Statements of appropriate outcomes may include either or both of the following:
(a) descriptions of means for achieving those outcomes:
(b) criteria for assessing whether outcomes are appropriate.
(1) The following come into force on a day specified in the notice concerned:
(a) an approval of service standards:
(b) an approval of amendments to service standards:
(c) the revocation of the approval of any service standards or amendments of service standards.
(2) The day must be no earlier than 6 months after the day the notice is given.
(3) Subsection (2) does not apply to the approval of any of the service standards referred to in section 25(1).
(4) Subsection (2) does not apply to the approval of amendments to service standards that are being made solely to correct an error or omission.
(1) The Minister may at any time (whether before or after the commencement of the standards concerned), by notice in the Gazette,—
(a) exempt any person from any stated element of any stated service standards; or
(b) amend or revoke any exemption.
(2) The exemption—
(a) must require the person to meet some other requirement stated in the notice, instead of the element concerned; and
(b) may be unconditional, or subject to any conditions stated in the notice.
(3) The Minister must not exempt any person from an element of any service standards (or amend the exemption of any person from an element of any service standards) unless—
(a) the person has paid the prescribed fee (if any); and
(b) the Minister is satisfied that—
(i) there are exceptional circumstances justifying the exemption (or the exemption as amended); and
(ii) the safety of affected consumers will not be compromised if the person provides services meeting only the other requirement stated in the notice (or the other requirement stated in the notice as amended) rather than that element.
(4) If not earlier revoked, the exemption expires on the earliest of—
(a) the day 3 years after the date of the notice granting it:
(b) a day stated in the notice for the purpose:
(c) the day on which the certification of the person concerned to provide health or disability services of the kind concerned expires or is cancelled.
(5) For the purposes of this Act, a person exempted by a notice under this section from an element of any service standards meets the standards if the person—
(a) meets—
(i) the rest of the standards; and
(ii) the other requirement stated in the notice instead of that element; and
(b) complies with any conditions stated in the notice.
(1) The Minister must from time to time consult (as required by section 20) on whether the service standards for providing health care services of any kind should—
(a) continue in force unamended; or
(b) to encourage the providers of health care services of that kind to improve the quality of those services,—
(i) be amended; or
(ii) be replaced by 1 or more new sets of service standards.
(2) The Minister must consult no later than 4 years after the most recent of the following days:
(a) the day the approval of the standards came into force:
(b) the day the approval of the most recent amendment of the standards came into force:
(c) the day the most recent consultation on the standards under this section was begun.
(1) Paragraphs (a) to (c) of section 18(1) do not apply to any of the following:
(a) the first standards for providing hospital care, residential disability care, and rest home care approved under this Act that relate only to infection control:
(b) the first standards for providing hospital care, residential disability care, and rest home care approved under this Act that relate only to patient restraint:
(c) the first standards for providing hospital care, residential disability care, and rest home care approved under this Act (not being standards that relate only to infection control or patient restraint):
(d) the first standards for providing mental health services approved under this Act.
(2) Until the commencement of an order under section 7(1) declaring mental health services provided otherwise than as part of hospital care, residential disability care, or rest home care to be services to which this Act applies,—
(a) the standards referred to in subsection (1)(d) have effect only as standards for providing mental health services provided as part of hospital care, residential disability care, or rest home care; and
(b) the application of section 9 to persons providing mental health services is limited accordingly.
(1) The Director-General may, by written notice to any person, certify the person to provide health care services of any kind.
(2) The notice must state—
(a) the name of the person; and
(b) the kind or kinds of health care services to which it relates; and
(c) the day on which it takes effect; and
(d) any conditions subject to which the person is certified to provide the services; and
(e) the day on which it expires.
(1) The Director-General must certify a person to provide health care services of any kind if, and only if,—
(a) the person has—
(i) applied in writing to the Director-General to be certified to provide health care services of that kind; and
(ii) paid to the Director-General the fee (if any) prescribed for certification to provide health care services (or health care services of that kind); and
(b) an auditing agency has given the Director-General a copy of a recent audit report on the provision of health care services of that kind by the person; and
(c) the Director-General is satisfied that the person meets relevant service standards that—
(i) are already in force; or
(ii) will be in force on the day on which the notice certifying the person to provide health care services of that kind takes effect.
(2) For the purposes of satisfying himself or herself that the person meets the service standards, the Director-General—
(a) is entitled to rely on the audit report; but
(b) may have regard to any other relevant matter.
(1) Conditions stated under section 26(2)(d) may be any conditions the Director-General thinks necessary or desirable to help achieve the purpose of this Act.
(2) The conditions may include—
(a) requirements that the person concerned must obtain audit reports on the provision of the services concerned at stated dates or intervals:
(b) requirements that the person concerned must at stated dates or intervals—
(i) assess its provision of the services concerned; and
(ii) prepare, and give to the Director-General, a report on the results of its assessment:
(c) requirements that, on written demand by the Director-General, the person concerned must give the Director-General, in writing,—
(i) any information about the person's provision of the services concerned (or any of them) the Director-General reasonably requires; or
(ii) any information about the person's provision of the services concerned (or any of them) stated in the notice:
(d) requirements that the person concerned must keep the Director-General informed of who the person's auditing agency is.
(1) The day on which a notice under section 26 expires may be any day (no later than 5 years after it takes effect) that the Director-General in his or her absolute discretion decides.
(2) The Director-General must not decide a day more than 3 years after the notice takes effect unless—
(a) the person concerned is already certified to provide health care services of the kind concerned; and
(b) the Director-General is satisfied that the person has been improving, and is likely to continue to improve, the quality of the health care services of that kind provided by the person.
(3) Unless earlier cancelled, a person's certification to provide health care services of any kind expires on the day on which the notice certifying the person to provide health care services of that kind expires.
(4) In order to enable a person already certified to provide health care services of any kind to continue to provide those services,—
(a) the Director-General may again certify the person to provide health care services of that kind before the existing certification expires; and
(b) in relation to the new certification, the Minister may under section 23 exempt the person (or exempt the person again) from any stated element of the service standards concerned.
(1) The Director-General must cancel the certification of a person to provide health care services of any kind if satisfied that—
(a) the person does not meet the relevant service standards (whether because the quality of the services provided by the person has changed, or because the standards have been amended or replaced); or
(b) there are no longer in force service standards for providing health care services of that kind; or
(c) the person has asked the Director-General in writing to cancel it.
(2) The Director-General may cancel the certification of a person to provide health care services of any kind if—
(a) the Director-General has cancelled the designation of the auditing agency that prepared the audit report on the provision by the person of health care services of that kind most recently sent to the Director-General; and
(b) the Director-General has given the person a notice in writing, stating that the designation has been cancelled and explaining the effect of this subsection, and asking the person to do 1 or more of the following things:
(i) send to the Director-General a copy of the most recently prepared audit report on the person's provision of health care services of that kind:
(ii) obtain a new audit report from another auditing agency on the person's provision of health care services of that kind, and send a copy to the Director-General:
(iii) arrange to obtain, at the time when an audit report will be required in any event, an audit report from another auditing agency on the person's provision of health care services of that kind, and tell the Director-General in writing the name of the new agency:
(iv) give the Director-General, in writing, any information relating to the person's provision of health care services of that kind the Director-General asks for; and
(c) more than 3 months has passed since the person was given the notice, and the person has failed or refused to comply with it.
(3) The Director-General may cancel the certification of a person to provide health care services of any kind if,—
(a) having made reasonable efforts to do so, the Director-General has not been able to satisfy himself or herself that the person meets the relevant service standards; or
(b) the Director-General is satisfied that the person has failed or refused to comply with—
(i) a provision of this Act other than section 9; or
(ii) a condition subject to which the person is certified to provide services of that kind; or
(iii) a requirement or condition stated in a notice under section 23; or
(iv) if the services are rest home care, or geriatric services that are hospital care, any applicable regulations under section 53(1)(a).
(4) Subsection (2) does not limit the circumstances in which the Director-General may cancel the certification of a person to provide health care services of any kind under subsection (3)(a).
(5) The cancellation of a person's certification must be effected by written notice to the person, stating—
(a) the name of the person; and
(b) the kind or kinds of health care services to which it relates.
(1) The Director-General must not certify a person to provide health care services of any kind unless the person has given the Director-General—
(a) written notice of the name, address, and telephone number of a person who is for the time being the person whom the Director-General should contact about the services; and
(b) if the services are to be provided at fixed locations, written notice of the locations.
(2) A certified provider must promptly give the Director-General written notice of all changes in the name, address, or telephone number of the person who is for the time being the person whom the Director-General should contact about the services.
(3) A certified provider must promptly give the Director-General written notice of any new fixed location at which the services are being provided.
(4) A certified provider must promptly give the Director-General written notice,—
(a) in the case of a body corporate (other than a District Health Board, some other body corporate that is a Crown entity, a corporation sole, or a Trust Board incorporated under the Charitable Trusts Act 1957), of any change in the membership of its governing body:
(b) in the case of a Trust Board incorporated under the Charitable Trusts Act 1957, of any change in its membership:
(c) in the case of any other trust, of any change in the trustees:
(d) in the case of a partnership, of any change in the partners.
(5) A person certified to provide health care services of any kind must promptly give the Director-General written notice of—
(a) any incident or situation (for example, a fire, flood, or failure of equipment or facilities) that has put at risk, may have put at risk, puts at risk, or may be putting at risk the health or safety of people for whom the person was or is providing the services; and
(b) any investigation commenced by a member of the police into any aspect of the services, their provision, or any premises in which they were provided; and
(c) any death of a person to whom the person was providing the services, or occurring in any premises in which they were provided, that is required to be reported to a coroner under the Coroners Act 2006.
Section 31(5)(c) : amended, on 1 July 2007, by section 146 of the Coroners Act 2006 (2006 No 38) .
(1) The Director-General may, by notice in the Gazette, designate any person to audit the provision or likely future provision of health care services (or health care services of any kind) by providers or prospective providers.
(2) The notice must state any conditions subject to which the designation is given.
The Director-General must designate a person who is not an employee of the Ministry to audit the provision of health care services of any kind by certified providers if, and only if,—
(a) the person has—
(i) applied in writing to the Director-General to be designated to audit the provision of services of that kind by certified providers; and
(ii) paid to the Director-General the fee (if any) prescribed for designation to audit the provision of services of that kind; and
(b) the Director-General is satisfied that the person—
(i) has the technical expertise to audit the provision of services of that kind; and
(ii) has in place effective systems for auditing the provision of services of that kind; and
(iii) has in place effective arrangements to avoid or manage any conflicts of interest that may arise in auditing the provision of services of that kind; and
(iv) will administer those systems and arrangements properly and competently, and in compliance with any conditions subject to which the designation is given; and
(v) will comply with this Act.
(1) The Director-General must designate an employee of the Ministry to audit the provision of health care services of any kind by certified providers if, and only if, satisfied that—
(a) it is necessary or desirable to do so to enable providers or prospective providers who cannot find a convenient or appropriate auditing agency to audit their provision or likely future provision of health care services of any kind; and
(b) the Ministry—
(i) has in place effective systems for auditing the provision of services of that kind; and
(ii) has in place effective arrangements to avoid or manage any conflicts of interest that may arise in auditing the provision of services of that kind; and
(c) the person—
(i) has the technical expertise to audit the provision of services of that kind; and
(ii) will administer those systems and arrangements properly and competently, and in compliance with any conditions subject to which the designation is given; and
(iii) will comply with this Act.
(2) An auditing agency who is an employee of the Ministry may refuse to audit the provision of health care services by any person unless the person has paid the prescribed fee (if any).
(1) The Director-General may from time to time, by notice in the Gazette, amend any notice under section 32(1)—
(a) by revoking or amending any condition to which the designation it effects is subject; or
(b) by making the designation it effects subject to a new condition; or
(c) to correct an error or make a minor or technical adjustment.
(2) The amendment comes into force on a day specified in the notice.
Promptly after giving a certified provider or prospective provider an audit report, an auditing agency must give a copy to the Director-General.
(1) The Director-General may at any time, by notice in the Gazette, cancel the designation under section 32(1) of an auditing agency who is not an employee of the Ministry—
(a) if no longer satisfied (or unable, after making reasonable efforts, to obtain from the agency enough evidence to continue to be satisfied) of the matters stated in section 33(b); or
(b) if satisfied that the agency has, without reasonable excuse, failed or refused to comply with—
(i) a provision of this Act; or
(ii) a condition to which the designation was subject; or
(c) if asked by the agency in writing to do so.
(2) The Director-General may at any time, by notice in the Gazette, cancel the designation under section 32(1) of an employee of the Ministry.
(3) The cancellation takes effect—
(a) on a day stated in the notice; or
(b) if no day is stated in the notice, on the day after the date on which the notice is published in the Gazette.
(1) Before cancelling the designation of an auditing agency other than an employee of the Ministry, the Director-General must—
(a) give the agency written notice of—
(i) the reasons for proposing to cancel it; and
(ii) the fact that the agency has a reasonable time within which to show that it should not be cancelled; and
(b) give the agency a reasonable time within which to show that the designation should not be cancelled; and
(c) consider any arguments and evidence advanced by the agency during that reasonable time that may tend to show that the designation should not be cancelled.
(2) Promptly after cancelling the designation of an auditing agency that is not an employee of the Ministry, the Director-General must make reasonable efforts to give certified providers known to the Director-General to have had audit reports prepared by the agency written notice of—
(a) the cancellation and the reasons for it; and
(b) the effect of section 30(2).
(1) An authorised person who believes on reasonable grounds that health care services are being provided in any place may at any reasonable time exercise any of the powers in section 42(1) reasonably necessary to find out all or any of the following matters:
(a) whether health care services are in fact being provided there:
(b) whether health care services being provided there are being provided in compliance with section 9:
(c) whether health care services being provided there are being provided in a safe and satisfactory manner:
(d) whether the place is safe and sanitary:
(e) whether the provision of health care services there has been satisfactorily audited by an auditing agency.
(2) An authorised person who believes on reasonable grounds that there is in any place any document, equipment, or device relating to, or used or to be used in relation to, the provision of health care services in any other place may at any reasonable time exercise any of the powers in section 42(1) reasonably necessary to find out all or any of the following matters:
(a) whether health care services are in fact being provided in the other place:
(b) whether health care services being provided in the other place are being provided in compliance with section 9:
(c) whether health care services being provided in the other place are being provided in a safe and satisfactory manner:
(d) whether the other place is safe and sanitary:
(e) whether the provision of health care services in the other place has been satisfactorily audited by an auditing agency.
(1) In addition to the powers stated in paragraphs (b) to (e) of section 42(1), an authorised person may at any time exercise any of the powers stated in subsection (2) if he or she has entered and inspected a place under section 40(1)(a) and is satisfied that health care services of any kind are being provided there—
(a) by a person not certified by the Director-General to provide services of that kind; or
(b) in contravention of a cessation order or a closing order.
(2) The powers of an authorised person referred to in subsection (1) are the powers to—
(a) remain in the place for as long as he or she wishes, in any part or parts of the place he or she wishes to be in; and
(b) inspect, investigate, supervise, or watch, any thing, process, or transaction in the place he or she wishes; and
(c) record (by audio, film, photograph, video, or any other means of recording) any thing, process, situation, or transaction in the place he or she wishes.
(1) The powers referred to in section 40, in relation to any place, are the powers to—
(a) enter and inspect the place:
(b) inspect any equipment or device in the place believed on reasonable grounds to be, have been, or be intended to be used in the provision of health care services (whether in the place or elsewhere):
(c) take possession of and remove any equipment or device inspected:
(d) inspect any document in the place believed on reasonable grounds to relate to the provision of health care services (whether in the place or elsewhere):
(e) take or make copies of, or of extracts from, any document inspected; and for that purpose—
(i) take possession of and remove the document from the place, for any reasonable period:
(ii) in the case of a document stored otherwise than on paper, take any reasonable steps to reproduce, in usable form, any or all of the information in it.
(1) In exercising any of the powers conferred by section 42, an authorised person may require any person appearing to be in charge of, or to be employed in, or to be undertaking or have recently undertaken any work in, the place concerned (or any part of it) to answer any question the authorised person may reasonably ask for the purpose of—
(a) ascertaining whether the health or safety of people for whom health care services are or may be provided may be at risk; or
(b) safeguarding the health or safety of people for whom health care services are or may be provided; or
(c) exercising those powers.
(2) The person is not required to answer the question if the answer may tend to incriminate him or her.
(1) An authorised person may not under section 42(1)(a) enter any place that is a dwellinghouse, except—
(a) with the consent of an occupier; or
(b) pursuant to a search warrant under this section.
(2) A District Court Judge, a Justice, or a Court Registrar who is not a member of the police, may, on a written application made on oath by an authorised person, issue a search warrant in respect of a dwellinghouse, if satisfied that there are reasonable grounds to believe that health care services are being provided in the dwellinghouse (or in another place that cannot reasonably be entered except through the dwellinghouse), and that—
(a) they are being provided otherwise than in compliance with section 9; or
(b) they are being provided in an unsafe or insanitary manner; or
(c) the dwellinghouse is (or the other place is) unsafe or insanitary.
(3) The warrant must be in the form in Schedule 1, and may be issued unconditionally or subject to conditions.
An authorised person executing a search warrant in respect of any premises must produce it on initial entry, and if asked by an occupier, at any time afterwards.
An authorised person exercising powers under sections 41 to 43 in respect of any place,—
(a) if a person in charge of the place concerned is present on initial entry, must identify himself or herself to the person in charge; and
(b) if asked by a person in charge of the place concerned to do so, must produce evidence of identity, evidence of his or her appointment as an authorised person, or both.
(1) If, when powers are exercised in any place under section 41 or section 42, no person in charge is present, the authorised person concerned must leave prominently in the premises a notice stating—
(a) the day and time of entry:
(b) the purpose of entry:
(c) the name and business telephone number of the authorised person:
(d) an address at which enquiries can be made.
(2) If the authorised person removed any document, the notice must also contain, or have attached to it, a list of all documents taken, stating where they are being held (and if they are being held in 2 or more places, stating which documents are being held in which place).
Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989.
Section 47A was inserted, as from 5 December 2006, by section 10 Crimes of Torture Amendment Act 2006 (2006 No 68).
(1) The Director-General may have served on any person (the provider) a written order prohibiting the provision of health care services of any kind by the provider or under the provider's control, if satisfied that—
(a) services of that kind are being provided, by the provider or under the provider's control,—
(i) otherwise than in compliance with section 9; or
(ii) in an unsafe or insanitary manner; or
(b) the provider or a person providing health care services under the provider's control has at any time—
(i) been convicted of an offence against this Act; or
(ii) been convicted of an offence punishable by imprisonment; or
(iii) been adjudged bankrupt under the Insolvency Act 2006; or
(iv) become the subject of an order under section 383 of the Companies Act 1993; or
(c) there is in force in respect of the provider or a person providing health care services under the provider's control an order under the Protection of Personal and Property Rights Act 1988.
(2) The order must be signed by the Director-General; and must state—
(a) why it has been served; and
(b) the day on which it takes effect; and
(c) that the provider may challenge it in a District Court under section 51.
(3) Unless the Director-General is satisfied that it is necessary in the public interest for the order to take effect earlier, the day on which it takes effect must be at least 21 days after the day on which it is served.
(4) The Director-General must take all reasonable steps to ensure that, promptly after the order is served, written notice of the matters stated in subsection (5), and oral notice of those matters in terms appropriate to the abilities and condition of the person given the notice, is given—
(a) to every person for whom the provider has currently been providing health care services of the kind concerned (the patient); and
(b) unless that patient's abilities and condition make it unnecessary to do so, to—
(i) a person who has been nominated to the provider as the person to be notified in the case of an emergency involving the patient; or
(ii) if no person has been nominated or the nominated person cannot immediately be ascertained or found, a member of the patient's family or whanau.
(5) The matters are—
(a) the fact that the order has been served; and
(b) why it was served; and
Section 48(1)(b)(iii): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
(1) The Director-General may have served on any person (the provider), or on any other person appearing to act as the provider's agent in the provision of health care services in the place concerned, a written order prohibiting the provision of health care services in any place, if satisfied that—
(a) health care services are being provided in the place—
(i) otherwise than in compliance with section 9; or
(ii) in an unsafe or insanitary manner; or
(b) the place is unsafe or insanitary; or
(c) the provider or a person providing health care services in the place under the provider's control has at any time been—
(i) convicted of an offence against this Act; or
(ii) convicted of an offence punishable by imprisonment; or
(iii) adjudged bankrupt under the Insolvency Act 2006; or
(d) there is in force in respect of the provider or a person providing health care services in the place under the provider's control an order under the Protection of Personal and Property Rights Act 1988.
(2) The order must be signed by the Director-General; and must state—
(a) the place to which it relates; and
(b) why it has been served; and
(c) the day on which it takes effect; and
(d) that the provider may challenge it in a District Court under section 51.
(3) Unless the Director-General is satisfied that it is necessary in the public interest for the order to take effect earlier, the day on which it takes effect must be at least 21 days after the day on which it is served.
(4) The Director-General must take all reasonable steps to ensure that, promptly after the order is served, written notice of the matters stated in subsection (5), and oral notice of those matters in terms appropriate to the abilities and condition of the person given the notice, is given—
(a) to every resident of the place concerned for whom health care services were being provided in the place; and
(b) (b) to—
(i) a person who has been nominated to the provider as the person to be notified in the case of an emergency involving the resident; or
(ii) if no person has been nominated or the nominated person cannot immediately be ascertained or found, a member of the resident's family or whanau.
(5) The matters are—
(a) the fact that the order has been served; and
(b) why it was served; and
(c) if it was served because the Director-General was satisfied that health care services were being provided in an unsafe or insanitary manner, or because the Director-General was satisfied that the place concerned was unsafe or insanitary, describing in general terms the alleged deficiencies on which the Director-General relied.
Section 49(1)(c)(iii): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
The Director-General may revoke a cessation order or a closing order if satisfied that—
(a) the reasons for which it was issued no longer apply; and
(b) it is unlikely that those reasons will apply again in the short term; and
(c) there are no other reasons that would justify the issue of a cessation order or a closing order in respect of the person or place concerned.
(1) A person may appeal to a District Court against the cancellation under section 30 of the person's certification to provide health care services of any kind.
(2) An auditing agency may appeal to a District Court against the cancellation under section 37(1) of the agency's designation.
(3) A person in respect of whom a cessation order or a closing order is served may appeal to a District Court against it.
(4) An appeal against a cessation order or a closing order must be brought within 14 days after it is served.
(5) The Court's decision is final.
(1) At any time after an appeal against the cancellation of a person's certification to provide health care services of any kind has been lodged, the District Court may suspend the cancellation until the appeal has been disposed of, if (and only if) it is satisfied that it is not necessary in the public interest for the person to be prevented from providing health care services of that kind until then.
(2) At any time after an appeal against a cessation order or a closing order has been lodged, the District Court may suspend the operation of the order until the appeal has been disposed of, if (and only if) it is satisfied that it is not necessary in the public interest for the person to be prevented from providing health care services of the kind concerned or (as the case may be) using the place concerned until then.
(3) A suspension may be unconditional, or subject to any conditions the Court thinks fit.
(4) The Court may at any time cancel the suspension.
(5) Except as provided in subsections (1) and (2),—
(a) the lodging of an appeal against the cancellation under section 30 of a person's certification to provide health care services of any kind does not affect the operation of the cancellation:
(b) the lodging of an appeal against a cessation order or a closing order does not affect the operation of the order.
(6) The lodging of an appeal against the cancellation under section 37(1) of an auditing agency's designation does not affect the operation of the cancellation.
(1) The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
(a) prescribing in respect of services that are rest home care, or geriatric services that are hospital care, a means by which there can be ascertained—
(i) minimum numbers of nursing and other care staff who must be on duty (at any time, or at different times) in premises in which the care is being provided; and
(ii) any minimum qualifications any of them must have:
(b) prescribing fees for the purposes of this Act, or a means by which fees for the purposes of this Act may be calculated or ascertained:
(c) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
(2) While there are in force service standards for providing health care services of any kind that state minimum levels of staffing in premises in which services of that kind are being provided, regulations under subsection (1)(a) do not apply in respect of services of that kind.
(1) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $50,000, who—
(a) provides health care services otherwise than in compliance with section 9; or
(b) provides health care services of any kind, or controls the provision of health care services of any kind, while a cessation order relating to the provision of health care services of that kind by that person or under that person's control is in effect; or
(c) provides health care services in any premises, or controls the provision of health care services in any premises, while a closing order relating to the premises is in effect.
(2) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $1000, who—
(a) intentionally obstructs, hinders, or resists an authorised person exercising or attempting to exercise powers under any of sections 41 to 43; or
(b) intentionally fails to answer a question (other than a question whose answer may tend to incriminate the person) asked by an authorised person under section 43; or
(c) when asked a question by an authorised person under section 43, gives an answer the person knows to be false or misleading.
In any proceedings for an offence against section 54, the burden of proving any of the following matters lies upon the defendant:
(a) that at any time a person was certified by the Director-General to provide health care services of any kind:
(b) that a person who was in any premises for a continuous period of 24 hours or longer was not then provided with health care services:
(c) that at any time premises in which hospital care services were provided were a licensed hospital within the meaning of section 118 of the Hospitals Act 1957:
(d) that at any time premises in which residential disability care was provided were a home registered or deemed to be registered under Part 2 of the Disabled Persons Community Welfare Act 1975:
(e) that at any time rest home care was provided in a home within the meaning of the Old People's Homes Regulations 1987:
(f) that at any time rest home care was provided under the authority and in accordance with the terms of a licence granted under the Old People's Homes Regulations 1987.
Compare: 1957 No 40 s 146
It is a defence in any proceedings for an offence against section 54(1) if the defendant proves, on the balance of probabilities, that at all relevant times the defendant was an agent, contractor, employee, or officer of the person providing or controlling the provision of the health care services concerned, and—
(a) in the case of an offence against paragraph (a), did not know that the services were provided otherwise than in compliance with section 9:
(b) in the case of an offence against paragraph (b), did not know that a cessation order relating to the provision of health care services of that kind by that person or under that person's control was in effect:
(c) in the case of an offence against paragraph (c), did not know that a closing order relating to the place concerned was in effect.
(1) After 30 September 2002,—
(a) No licence may be issued under Part 5 of the Hospitals Act 1957, unless—
(i) the premises concerned are already a licensed hospital within the meaning of section 118 of that Act; or
(ii) the licence is a substituted licence issued under section 128A of that Act:
(b) No home may be registered under section 18 of the Disabled Persons Community Welfare Act 1975, unless it is intended to accommodate people who will move there from a home already so registered:
(c) No licence may be granted in respect of any premises under the Old People's Homes Regulations 1987, unless—
(i) the premises are already a home (within the meaning of those regulations); or
(ii) the licence is a substituted licence granted under regulation 28 of those regulations.
(2) The following enactments are repealed:
(a) subsections (1) and (2) of section 119, and section 134(1), of the Hospitals Act 1957:
(b) subsections (1), (2), and (6) of section 18 of the Disabled Persons Community Welfare Act 1975:
(c) section 4(1) of the Disabled Persons Community Welfare Amendment Act 1997.
(3) Regulations 4, 21, and 22 of the Old People's Homes Regulations 1987 are revoked.
(4) This section expires on 1 October 2004.
Subsection (4) was amended, as from 22 October 2003, by section 3 Health and Disability Services (Safety) Amendment Act 2003 (2003 No 76) by substituting the word “October”
for the word “January”
.
(1) The enactments specified in Schedule 2 are amended in the manner indicated in that schedule.
(2) The following enactments are consequentially repealed:
(a) [Repealed]
(b) so much of the Schedule of the Medicines Amendment Act 1999 (1999 No 117) as relates to section 24 of the Misuse of Drugs Act 1975.
(3) The Orders in Council specified in Schedule 3 are amended in the manner indicated in that schedule.
(4) For the purposes of this subsection and the amendments effected by subsections (1) and (3), unless the context otherwise requires,—
hospital care institution—
(a) means premises used to provide hospital care, in accordance with section 9; but where only parts of any premises are used for that purpose, means only those parts and any other parts used for ancillary purposes; and
(b) at a time before 1 October 2004, includes a licensed hospital (within the meaning of section 118 of the Hospitals Act 1957)
hospital care operator—
(a) means a person for the time being in charge of providing hospital care, in accordance with section 9; but
(b) at a time before 1 October 2004, includes the licensee of a licensed hospital (within the meaning of section 118 of the Hospitals Act 1957)
residential disability care institution—
(a) means premises used to provide residential disability care, in accordance with section 9; but where only parts of any premises are used for that purpose, means only those parts and any other parts used for ancillary purposes; and
(b) at a time before 1 October 2004, includes a home registered under Part 2 of the Disabled Persons Community Welfare Act 1975
residential disability care operator—
(a) means a person for the time being in charge of providing residential disability care, in accordance with section 9; but
(b) at a time before 1 October 2004, includes the controlling authority of a home registered under Part 2 of the Disabled Persons Community Welfare Act 1975
rest home—
(a) means premises used to provide rest home care, in accordance with section 9; but where only parts of any premises are used for that purpose, means only those parts and any other parts used for ancillary purposes; and
(b) at a time before 1 October 2004, includes a home (within the meaning of the Old People's Homes Regulations 1987) used to provide rest home care under the authority and in accordance with the terms of a licence granted under those regulations
rest home operator—
(a) means a person for the time being in charge of providing rest home care, in accordance with section 9; but
(b) at a time before 1 October 2004, includes the licensee of a home (within the meaning of the Old People's Homes Regulations 1987) used to provide rest home care under the authority and in accordance with the terms of a licence granted under those regulations.
(5) The Orders in Council amended by subsection (3) may be amended or revoked as if the amendments effected by that subsection had been effected by Order in Council.
Subsection (2)(a) was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
(1) The enactments specified in Schedule 4 are repealed.
(2) Section 138 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 is repealed.
(3) The regulations, orders, and notices specified in Schedule 5 are revoked.
(1) The repeal by section 59(1) of section 2(3) of the Hospitals Amendment Act 1962 does not affect the continued application of section 6 of the Finance Act (No 2) 1941 in relation to any officer or employee of a Hospital Board who died before 5 December 1962.
(2) The Health Reforms (Transitional Provisions) Act Commencement Order 1997 (SR 1997/272) is deemed to be, and always to have been, valid and effective according to its tenor, despite the fact that it appointed a date for the commencement of subsection (2) of section 26 of the Health Reforms (Transitional Provisions) Act 1993, but not for subsections (2A) and (2B) of that section.
(3) Subsection (2) is for the avoidance of doubt.
After 30 September 2002, a reference to a psychiatric hospital in an enactment must be read as a reference to a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, unless—
(a) psychiatric hospital is defined in or for the purposes of the enactment; or
(b) the reference is part of a provision referring to Part 5 of the Hospitals Act 1957.
Schedule 1 | s 44(3) |
Warrant under Section 44 of Health and Disability Services (Safety) Act 2001 to enter dwellinghouse
| To: | |
| authorised person | |
| Being satisfied on written application made on oath by an authorised person that there are reasonable grounds to believe that health care services are being provided in here describe dwellinghouse (or in another place that cannot reasonably be entered except through that dwellinghouse), and that— | |
| (a) | they are being provided otherwise than in compliance with section 9 of the Health and Disability Services (Safety) Act 2001; or |
| (b) | they are being provided in an unsafe or insanitary manner; or |
| (c) | the dwellinghouse is (or the other place is) unsafe or insanitary,— |
| by this warrant I authorise you, on 1 occasion within 30 days of the issue of this warrant, to enter that dwellinghouse and exercise the powers conferred by sections 40 to 42 of that Act. | |
| Dated at ............. [day] [month] [year]. | |
| Conditions (if any) subject to which warrant issued: | |
| ........................... District Court Judge (or Justice or Court Registrar (not being a member of the police)). | |
Schedule 2 | s 58(1) |
Repeal the proviso to subsection (1) of section 25 and insert after that subsection:
“(1A) Subsection (1) does not apply to the payment of the hospital and medical expenses of the confinement of the mother of a child if—
“(a) the expenses are incurred by virtue of the provision by a society or body of persons of hospital care (within the meaning of the Health and Disability Services (Safety) Act 2001); and
“(b) the payment is made by an applicant for an adoption order in respect of the child directly to the society or body; and
“(c) the amount paid has been approved in the particular instance, or is in accordance with a scale approved generally, by the chief executive of the department of State responsible for the administration of the Health and Disability Services (Safety) Act 2001.”
Omit from section 25(2) the words “This section”
and substitute the words “Subsection (1)”
.
Omit from section 22(1) the words “licensed hospital within the meaning of the Hospitals Act 1957”
and substitute the words “hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001”
.
Repeal section 32(4) and substitute:
“(4) If an employee of a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 applies for a committal order under this Act, a medical practitioner employed by the operator—
“(a) is not for the purposes of subsection (1)(c) deemed, by reason of any official relationship with the applicant, to be the applicant's partner, principal, or assistant; and
“(b) is not for any purpose deemed, by reason of any official relationship with any other medical practitioner employed by the operator, to be the partner, principal, or assistant of the other medical practitioner.
“(5) If an officer on the staff of any institution conducted by the Crown (not being an institution within the meaning of this Act) applies for a committal order under this Act, a medical practitioner employed in or attached to the institution—
“(a) is not, for the purposes of subsection (1)(c), deemed by reason of any official relationship with the applicant, to be the applicant's partner, principal, or assistant; and
“(b) is not for any purpose deemed, by reason of any official relationship with any other medical practitioner employed in or attached to the institution, to be the partner, principal, or assistant of the other medical practitioner.”
Repeal the definition of hospital in section 2 and substitute:
“hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001”
Repeal section 14(2)(c) and substitute:
“(c) any person who is caring for the child or young person in—
“(i) any residential accommodation provided for children or young persons attending a registered school within the meaning of the Education Act 1989:
“(ii) a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Repeal section 142 and substitute:
“142 Agreements with persons providing residential disability care
“(1) This section applies to any child or young person who is a disabled person within the meaning of the Disabled Persons Community Welfare Act 1975.
“(2) Subject to this section, sections 143 to 145, and section 147, where every person who is a parent or guardian or person having the care of a child or young person to whom this section applies agrees to do so, those persons may, with the agreement of an operator, place the child or young person in the operator's care.
“(3) No agreement may be made under subsection (2) providing for the placement of any child or young person in the care of any operator for any period that exceeds 1 year; but any such agreement may from time to time be extended for any period (not exceeding 1 year in each instance) a family group conference approves.
“(4) Where, pursuant to an agreement made under subsection (2), a child or young person is placed in the care of an operator, that operator may place the child or young person in the charge of any person whom the operator considers suitable to provide for the care, control, and upbringing of the child or young person.
“(5) Section 363 applies, with all necessary modifications, in respect of any placement made under subsection (4) as if it were a placement made under section 362.
“(6) In this section, operator means a residential disability care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Omit from section 147(2) the words “the controlling authority of a home registered under the Disabled Persons Community Welfare Act 1975”
and substitute the words “a residential disability care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001”
.
Repeal paragraphs (a) and (b) of the definition in section 73(3) of hospital patient and substitute:
“(a) a patient in a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or.”
[Repealed]
Chiropractors Act 1982: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Omit from paragraph (a) of the definition of holder in section 2 the words “licensed hospital within the meaning of the Hospitals Act 1957,”
and substitute the word “hospital”
.
Insert after the definition of holder in section 2:
“hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Repeal section 17(3) and substitute:
“(3) Any hospital care operator (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001) may from time to time, at the request of the Supervisory Committee, execute any work or enter into any arrangements for the execution or provision by that operator for the Supervisory Committee of any work or service, or for the supply to the Supervisory Committee of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.”
Repeal section 20(1)(a) and substitute:
“(a) in the case of a hospital, the person for the time being in charge of it; or”.
[Repealed]
Dental Act 1988: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
[Repealed]
Dietitians Act 1950: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Repeal paragraph (b) of the definition in section 2 of home and substitute:
“(b) does not include a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 or a hospital or institution specifically exempted by the Minister from the application of this Act:.”
Repeal the definition of sheltered workshop in section 2 and substitute:
“sheltered workshop means any place owned or controlled by an organisation approved by the Minister under section 3 in which disabled persons are employed; and includes any hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Omit from paragraph (c) of the definition of special institution in section 92(1) the words “or a hospital (within the meaning of section 2 of the Hospitals Act 1957, section 2 of the Mental Health Act 1969, or section 2 of the Area Health Boards Act 1983)”
and substitute the words “a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001”
.
Repeal paragraphs (c), (e), and (f) of section 308(2) and for paragraph (e) substitute:
“(e) hospital care institutions within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:.”
Repeal the definition of hospital in section 3(1) and substitute:
“hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Omit clause 11 of Part A of Schedule 1 and substitute:
“11
The operation of—
“(a) a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or
“(b) a service necessary for the operation of such an institution.”
Repeal the definition in section 2(1) of hospital and substitute:
“hospital—
“(a) means an institution—
“(i) that is a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or
“(ii) whose principal purpose is to receive and treat people needing medical treatment or suffering from a disease; and
“(b) includes all clinics, dispensaries, offices, outpatient departments, services, and undertakings, maintained in connection with, or incidental to, such an institution.”
Repeal section 143(1) and substitute:
“(1) In this section, hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Repeal the definition of hospital in section 2(1) and substitute:
“hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Repeal the definition of health care institution in section 2 and substitute:
“health care institution means—
“(a) premises used to provide health care services within the meaning of the Health and Disability Services (Safety) Act 2001, in compliance with that Act; or
“(b) a children's health camp operated by Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development; or
“(c) a certified institution within the meaning of the Alcoholism and Drug Addiction Act 1966.”
Add to section 2 as subsection (2):
“(2) For the purposes of its application to any matter or situation arising or existing at any time, this Act—
“(a) applies to an institution that was then a health care institution by virtue of the definition of that term then in subsection (1) as if it had always been a health care institution by virtue of the current definition of that term in that subsection; and
“(b) applies to a person who was then a health care provider by virtue of section 3 as it then was as if the person had always been a health care institution by virtue of that section as it currently is.”
Repeal section 3(a) and substitute:
“(a) a person for the time being in charge of providing health care services within the meaning of the Health and Disability Services (Safety) Act 2001, in compliance with that Act:.”
Repeal paragraphs (c) and (d) of section 3.
[Repealed]
[Repealed]
The item relating to the Income Tax Act 1994 was repealed, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35).
Repeal section 162(1)(b)(iii) and substitute:
“(ii) payment must then be made of medical expenses and (so far as they are lawfully recoverable) of reasonable expenses for hospital care within the meaning of the Health and Disability Services (Safety) Act 2001, provided for the deceased, being medical or hospital care expenses incurred during the 3 months immediately before the deceased's death:.”
[Repealed]
Medical Practitioners Act 1995: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Repeal the definition of hospital in section 2(1) and substitute:
“hospital includes a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Repeal section 49A(3)(c) and substitute:
“(c) people providing, or employed in providing, hospital care (within the meaning of the Health and Disability Services (Safety) Act 2001):.”
Repeal the definition of hospital in section 2(1) and substitute:
“hospital—
“(a) means premises that—
“(i) are used to provide hospital mental health care in accordance with section 9 of the Health and Disability Services (Safety) Act 2001; or
“(ii) are not yet used, but are intended to be used, to provide hospital mental health care, and are occupied by a person certified under that Act to provide hospital mental health care;—
but where only parts of any premises are used (or intended to be used) to provide hospital mental health care, means only those parts; and
“(b) at a time before 1 October 2004, includes premises licensed or deemed to be licensed as a psychiatric hospital pursuant to Part V of the Hospitals Act 1957
“hospital mental health care means hospital care (within the meaning of the Health and Disability Services (Safety) Act 2001) that is, or consists principally of, mental health services.”
Repeal section 20(3)(b) and substitute:
“(b) a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:.”
Repeal section 24 and substitute:
“24 Treatment of people dependent on controlled drugs
“(1) Every medical practitioner commits an offence who prescribes, administers, or supplies a controlled drug for or to a person who the practitioner has reason to believe is dependent on that or any other controlled drug,—
“(a) in the course or for the purpose of the treatment of the person for dependency; and
“(b) otherwise than in accordance with subsection (2).
“(1A) Every registered midwife or designated practitioner commits an offence against this Act who prescribes, administers, or supplies a controlled drug for or to a person who the midwife or practitioner has reason to believe is dependent on that or any other controlled drug, in the course of, or for the purpose of, the treatment of the person for dependency.
“(2) In the course or for the purpose of the treatment for dependency of a person who the practitioner has reason to believe is dependent on that or any other controlled drug, a medical practitioner may prescribe, administer, or provide a controlled drug for or to the person if the medical practitioner—
“(a) is for the time being specified under subsection (7)(a); or
“(b) is—
“(i) working in an institution, clinic, or place for the time being specified under subsection (7)(b); and
“(ii) for the time being authorised in writing to prescribe controlled drugs by a medical practitioner working in that institution, clinic, or place who is for the time being specified under subsection (7)(a); and
“(c) is—
“(i) acting in the medical practitioner's capacity as a medical officer employed by a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 for the time being specified under subsection (7)(b); and
“(ii) for the time being authorised in writing by the person in charge of that institution, acting under the general or specific directions of a Medical Officer of Health, to prescribe controlled drugs; or
“(d) is acting—
“(i) with the permission in writing, given in relation to that particular person, of a medical practitioner for the time being authorised by paragraph (a) or paragraph (b) or paragraph (c) to do so; and
“(ii) during the period, and in accordance with the terms and conditions (if any), specified or imposed in the permission, or in any written modification of the permission, given by that medical practitioner.
“(3) Except with the concurrence of the Medical Officer of Health, no permission under subsection (2)(d) may specify a period longer than 3 months.
“(4) A permission under subsection (2)(d) may from time to time be renewed by the person who gave it, or any other medical practitioner authorised by that paragraph to give such a permission.
“(5) Except with the concurrence of the Medical Officer of Health, no renewal under subsection (4) of a permission under subsection (2)(d) may be for a period longer than 3 months.
“(6) An authority or permission given or renewed under subsection (2) or subsection (4)—
“(a) may at any time be withdrawn by the person who gave or renewed it, by written notice to the person to whom it was given; and
“(b) is deemed to have been withdrawn when, as the case may be,—
“(i) the notice under subsection (7)(a) specifying the medical practitioner by whom the authority or permission was given is revoked; or
“(ii) the notice under subsection (7)(b) specifying the institution, clinic, or place, in respect of which the authority or permission concerned was given or renewed is revoked; or
“(iii) the medical practitioner by whom the authority or permission was given dies, or ceases to work in the premises, clinic, or place to which the authority relates.
“(7) The Minister may from time to time, by notice in the Gazette,—
“(a) specify any medical practitioner (by name) as a medical practitioner who may prescribe, administer, or supply controlled drugs for the purposes of this section:
“(b) specify (by name or description) as a place at which controlled drugs may be prescribed, administered, or supplied for the purposes of this section—
“(i) any hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or
“(ii) any clinic, or other place in which a medical practitioner for the time being specified under paragraph (a) works.
“(8) The Minister may from time to time, by notice in the Gazette, revoke or amend a notice under subsection (7).
“(9) This section does not apply to—
“(a) the treatment of a patient, within the meaning of the Alcoholism and Drug Addiction Act 1966, while the patient is in an institution, within the meaning of that Act:
“(b) the emergency treatment of a patient in a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001, for a period not exceeding 3 days:
“(c) the treatment of any restricted person within the meaning of section 25.”
Misuse of Drugs Act 1975: the item relating to paragraph (b) of the definition of pharmacist in section 2(1) of that Act was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
[Repealed]
Nurses Act 1977: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
[Repealed]
Occupational Therapy Act 1949: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
[Repealed]
Physiotherapy Act 1949: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
[Repealed]
Psychologists Act 1981: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Repeal the definitions in section 2 of hospital and rest home and substitute, respectively:
“hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001
“rest home has the meaning given to it by section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Omit from the definition in section 3(1) of residential care services the words “an appropriately licensed or registered home”
and substitute the words “a residential disability care institution or rest home within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001”
.
Omit from section 27G(2) the words “be admitted to hospital within the meaning of section 88 of this Act”
and substitute the words “receive hospital care within the meaning of the Health and Disability Services (Safety) Act 2001”
.
Omit from section 27G(3) the words “be admitted to such a hospital”
in both places where they occur and substitute in each case the words “receive such services”
.
An item relating to the definition of residential care disability services was omitted, as from 1 July 2005, by section 13(2) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Items relating to section 69F of the Social Security Act 1964 were omitted, as from 26 September 2002, by section 36 Social Security (Personal Development and Employment) Amendment Act 2002 (2002 No 28).
Repeal section 75(1) and substitute:
“(1) For the purposes of this section, hospital means a hospital care institution (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001) operated by a district health board within the meaning of the New Zealand Public Health and Disability Act 2000.”
Repeal the definitions of district nurse and institution in section 2(1) and substitute in their appropriate alphabetical order:
“district nurse—
“(a) means a district nurse employed by the chief executive of the Ministry of Health, or in an institution; and
“(b) includes a Nurse Inspector
“institution means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Schedule 2 Human Tissue Act 1964: item repealed, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
Schedule 3 | s 58(3) |
Omit from form 1 in the Schedule the words “licensed hospital within the meaning of the Hospitals Act 1957”
and substitute the word “hospital”
.
Omit from item 2 of form 1 in the Schedule the word “licensed”
in both places where it occurs.
Omit paragraph (a) of Note 1 to form 1 in the Schedule and substitute:
“(a) in the case of a hospital, the person for the time being in charge of providing hospital care services (within the meaning of the Health and Disability Services (Safety) Act 2001) there; or”
Omit the note to form 2 in the Schedule and substitute:
“Section 2 of the Act provides that the holder, in relation to a licence, means the person for the time being in charge of the institution for which it was issued (whether or not the person was in charge of the institution when the licence was issued).”
Omit from form 5 in Schedule 1 the words “a home registered under the Disabled Persons Community Welfare Act 1975”
and substitute the words “a residential disability care institution (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001)”
.
[Repealed]
Dietitians Regulations 1987: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Omit from the definition in regulation 3 of mortuary the words “one or more of the following ways—namely, by a Hospital Board or separate institution established under the Hospitals and Charitable Institutions Act 1926, or in connection with a private hospital licensed under that Act”
and substitute the words “or in connection with a hospital care institution (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001)”
.
Omit from regulation 2(1) the definition of licensed hospital and substitute:
“licensed hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Revoke paragraphs (a) to (d) of regulation 4 and substitute:
“(a) a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:
“(c) a rest home operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:
“(d) a residential disability care operator (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001):.”
[Repealed]
Medical Laboratory Technologists Regulations 1989: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
[Repealed]
Medical Radiation Technologists Regulations 1995: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Revoke paragraphs (d) and (e) of regulation 44 and substitute:
“(d) a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or
“(e) a pharmacist in control of any pharmacy, or any dispensary in a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or.”
Omit from regulation 44(d) the words “licensed hospital, the licensee”
and substitute the words “hospital, the hospital care operator (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001)”
.
Revoke the definition in regulation 2(1) of hospital and substitute:
“hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001.”
Omit from the definition of domiciliary practice in regulation 2(1) the words “licensed hospital within the meaning of Part 5 of the Hospitals Act 1957”
and substitute the words “hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001”
Omit from the definition of home in regulation 2 the words “licensed hospital within the meaning of the Hospitals Act 1957 or a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992”
and substitute the words “hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001”
.
[Repealed]
Pharmacy Regulations 1975: this item was repealed, as from 18 September 2004, by section 175(4) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Schedule 4 | s 59(1) |
So much of Schedule 4 as relates to the Hospitals Act 1957.
So much of Schedule 1 as relates to the Hospitals Act 1957.
Sections 13 and 14(f).
Sections 18 to 22A, 31(d), and 31(e).
So much of Part 2 of the Schedule as relates to the Hospitals Act 1957 or the Hospitals Amendment Act (No 2) 1986.
Section 2(4).
Section 26, Schedule 2, and so much of Schedule 4 as relates to the definitions in section 2(1) of the Tuberculosis Act 1948 of district nurse and institution; or section 23 of the Physiotherapy Act 1949; or section 24 of the Occupational Therapy Act 1949; or section 24 of the Dietitians Act 1950; or section 32 of the Alcoholism and Drug Addiction Act 1966; or section 20(3)(b) or section 24 of the Misuse of Drugs Act 1975; or the definition in section 2 of the Contraception, Sterilisation, and Abortion Act 1977 of holder, or section 17(3) or section 20(1) of that Act; or the definition of hospital in section 2(1) of that Act; or the definition of hospital in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992; or the definition in section 2(1) of the Nurses Act 1977 of nursing programme, or section 36 or section 52(5)(b) of that Act; or the definition in section 2(1) of the Contraception, Sterilisation, and Abortion Act 1977 of holder, or section 17(3) or section 20(1) of that Act; or section 19(1)(e) or section 76(1) of the Toxic Substances Act 1979; or the definition in section 2(1) of the Smoke-free Environments Act 1990 of hospital.
Paragraph (b)(ii) of the definition in section 3(1) of principal caregiver.
Schedule 5 | s 59(3) |
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Health and Disability Services (Safety) Act 2001. It incorporates all the amendments to the Act as at 1 November 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official”
under “Status of legislation on this site”
in the About section of this website.
Human Tissue Act 2008 (2008 No 28): section 92
Insolvency Act 2006 (2006 No 55): section 445