New Zealand Public Health and Disability Amendment Act 2012

6 New headings and sections 57 to 59AA substituted
  • Sections 57 to 59 and the heading above section 57 are repealed and the following headings and sections substituted:

    Health Promotion Agency

    57 Health Promotion Agency established
    • (1) An organisation called the Health Promotion Agency (HPA) is established.

      (2) HPA is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

      (3) The board of HPA consists of not fewer than 5 and not more than 7 members appointed under section 28 of the Crown Entities Act 2004.

      (4) The Crown Entities Act 2004 applies to HPA except to the extent that this Act expressly provides otherwise.

    58 Functions, duties, and powers of HPA
    • (1) HPA must lead and support activities for the following purposes:

      • (a) promoting health and wellbeing and encouraging healthy lifestyles:

      • (b) preventing disease, illness, and injury:

      • (c) enabling environments that support health and wellbeing and healthy lifestyles:

      • (d) reducing personal, social, and economic harm.

      (2) HPA has the following alcohol-specific functions:

      • (a) giving advice and making recommendations to government, government agencies, industry, non-government bodies, communities, health professionals, and others on the sale, supply, consumption, misuse, and harm of alcohol so far as those matters relate to HPA’s general functions:

      • (b) undertaking or working with others to research the use of alcohol in New Zealand, public attitudes towards alcohol, and problems associated with, or consequent on, the misuse of alcohol.

      (3) Section 103(1) of the Crown Entities Act 2004 does not apply to HPA's functions under subsection (2), but HPA must have regard to any government policy that relates to those functions if so directed by the Minister.

      (4) HPA must also—

      • (a) assume the property, rights, and liabilities of the Alcohol Advisory Council and the Health Sponsorship Council that are transferred to HPA by section 17 of the New Zealand Public Health and Disability Amendment Act 2012; and

      • (b) undertake any other functions that it is for the time being authorised to perform by the Minister by written notice to the board of HPA after consultation with the board.

    59 Provisions relating to grants, sponsorship, and other matters
    • (1) HPA may—

      • (a) make grants to any body, association, or person engaged in any activity in any field with which HPA is concerned:

      • (b) make advances to any such body, association, or person, on any terms and conditions as to the payment of interest, the repayment of principal, the giving of security, and otherwise that HPA thinks fit:

      • (c) charge any fees (if any) that it may from time to time think reasonable for any material published by it and made available to the public:

      • (d) without further appropriation by Parliament, spend in any year any funds received by HPA in the previous year and not spent by HPA in the previous year:

      • (e) commit itself to spend any money by way of sponsorship, subject to subsection (2).

      (2) The power to spend money by way of sponsorship is subject to the following limitations:

      • (a) HPA must have the money in hand at the time; and

      • (b) HPA must not, in any year (the current year), commit itself to spend by way of sponsorship in the next succeeding year more than 25% of the amount of the money appropriated by Parliament for the purposes of HPA for the current year.

      (3) In this section, sponsorship means, in broad terms, the provision of assistance by HPA to any person or organisation and, in return, the promotion by that person or organisation of health and wellbeing and healthy lifestyles in a manner agreed by HPA.

      (4) For the purpose of subsection (3),—

      • (a) such assistance by HPA may (without limitation) take the form of—

        • (i) money, whether by way of grant or otherwise; or

        • (ii) goods and services; or

        • (iii) trophies, prizes, awards, and scholarships:

      • (b) such promotion by the person or organisation receiving assistance may (without limitation) take the form of—

        • (i) publicising messages relating to health and wellbeing and healthy lifestyles; or

        • (ii) publicising messages relating to ill-health and unhealthy lifestyles; or

        • (iii) promoting HPA's aims and objectives.

      (5) This section (other than subsection (2)) does not limit sections 16 and 17 of the Crown Entities Act 2004.

    Levies

    59AA Levies for alcohol-related purposes
    • (1) Levies may be imposed for the purpose of enabling HPA to recover costs it incurs—

      • (a) in addressing alcohol-related harm; and

      • (b) in its other alcohol-related activities.

      (2) Schedules 4A and 4B apply for the purpose of this section.