Health Practitioners Competence Assurance Act 2003 No 48 (as at 24 January 2009), Public Act

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

    Accident Compensation Corporation means the corporation of that name continued by section 259 of the Injury Prevention, Rehabilitation, and Compensation Act 2001

    applicant means a person who makes an application under this Act

    authority means a body corporate appointed, by or under this Act, as the body that is, in accordance with this Act, responsible for the registration and oversight of practitioners of a particular health profession

    condition includes a restriction or limit

    former health practitioner means a person who was, but no longer is, registered with an authority

    Health and Disability Commissioner means the Health and Disability Commissioner appointed under the Health and Disability Commissioner Act 1994

    health practitioner or practitioner means a person who is, or is deemed to be, registered with an authority as a practitioner of a particular health profession

    health profession or profession means the practice of a profession in respect of which an authority is appointed by or under this Act

    health service means a service provided for the purpose of assessing, improving, protecting, or managing the physical or mental health of individuals or groups of individuals

    layperson means a person who is neither registered nor qualified to be registered as a health practitioner

    medical officer of health has the same meaning as in section 2(1) of the Health Act 1956

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) as a practitioner of the profession of medicine

    mental or physical condition means any mental or physical condition or impairment; and includes, without limitation, a condition or impairment caused by alcohol or drug abuse

    Minister means the Minister of Health

    oversight means professional support and assistance provided to a health practitioner by a professional peer for the purposes of professional development

    practise a profession or practise means to perform services that fall within the description of a health profession

    practising certificate means an annual practising certificate issued under section 26(3) or section 29(4) or an interim practising certificate issued under section 31

    prescribed qualification means a qualification for the time being prescribed under section 12 for a scope of practice

    professional peer, in relation to a health practitioner, is a person who is registered with the same authority with which the health practitioner is registered

    register, in relation to an authority, means the register maintained by the authority under section 136

    Registrar, in relation to an authority, means the Registrar of the authority appointed under section 151

    required standard of competence, in relation to a health practitioner, means the standard of competence reasonably to be expected of a health practitioner practising within that health practitioner's scope of practice

    responsible authority, in relation to—

    • (a) a health profession, means the authority appointed in respect of the profession:

    • (b) a health practitioner, an applicant, or a former health practitioner, means the authority responsible for the registration of practitioners of the profession that the person concerned practises or seeks to practise or has practised

    scope of practice

    • (a) means any health service that forms part of a health profession and that is for the time being described under section 11; and

    • (b) in relation to a health practitioner of that profession, means 1 or more of such health services that the practitioner is, under an authorisation granted under section 21, permitted to perform, subject to any conditions for the time being imposed by the responsible authority

    supervision means the monitoring of, and reporting on, the performance of a health practitioner by a professional peer

    Tribunal means the Health Practitioners Disciplinary Tribunal established by section 84.

    (2) A reference in this Act to an authority responsible for a profession is a reference to the authority that is appointed in respect of the profession concerned.

    (3) In Parts 4 and 5, health practitioner includes a former health practitioner.