Health and Disability Commissioner Amendment Act 2007

Health and Disability Commissioner Amendment Act 2007

Public Act2007 No 62
Date of assent19 September 2007


This Act is administered by the Ministry of Health.

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Health and Disability Commissioner Amendment Act 2007.

2 Commencement
  • This Act is deemed to have come into force on 25 January 2005.

3 Principal Act amended
  • This Act amends the Health and Disability Commissioner Act 1994.

4 New section 9 substituted
  • Section 9 is repealed and the following section substituted:

    9 Deputy Commissioners
    • (1) One or more Deputy Health and Disability Commissioners may be appointed in the same way as the Commissioner is appointed, except that the Minister must consult the Commissioner before recommending a person for appointment as a Deputy Commissioner.

      (2) A Deputy Commissioner has any powers, duties, and functions that—

      • (a) the Commissioner delegates to the Deputy Commissioner under section 68(3A); and

      • (b) the Deputy Commissioner may exercise and perform under subsection (3).

      (3) During the absence of the Commissioner from duty (for any reason) or a vacancy in the office of the Commissioner (for any reason), the powers, duties, and functions of the Commissioner may be exercised and performed by—

      • (a) the Deputy Commissioner who was nominated for the purpose by the Commissioner before the absence or vacancy by a written notice that is in force at the time of the absence or vacancy; or

      • (b) if there is no such notice, the Deputy Commissioner who has been Deputy Commissioner for the longest time.

5 Delegation of functions and powers
  • Section 68(2) is amended by inserting to any person other than a Deputy Commissioner after may not delegate.

6 Further provisions relating to delegations
  • Section 69 is amended by omitting section 9 or from subsections (1), (3), (4), and (6).

7 Revocation of delegations
  • Section 71(1) is amended by omitting section 9 or.

Legislative history

11 September 2007Divided from Statutes Amendment Bill (Bill 107-2) by committee of the whole House
11 September 2007Third reading