Health (Bursaries) Regulations 1965

Reprint
as at 18 September 2004

Coat of Arms of New Zealand

Health (Bursaries) Regulations 1965

(SR 1965/141)

H E Barrowclough, Administrator of the Government

Order in Council

At the Government House at Wellington this 18th day of August 1965

Present:
His Excellency the Administrator of the Government in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Health.


Pursuant to the Health Act 1956, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Health (Bursaries) Regulations 1965.

    (2) These regulations shall come into force on the seventh day after the date of their notification in the Gazette.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    bursar means a person who has been awarded, pursuant to section 132A of the Health Act 1956, a bursary to which these regulations apply, whether or not the bursary is for the time being suspended and whether or not payment of the bursary has been completed

    bursary includes any boarding allowance, travelling allowance, and tuition or other fees, awarded as part of a bursary, and any extension of or addition to the bursary or any part thereof

    course of study means the course of study or course of training and instruction for which the bursary is awarded

    dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry

    dietitian means a health practitioner who is, or is deemed to be, registered with the Dietitians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dietetics

    Director-General means the Director-General of Health appointed under 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) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

    occupational therapist means a health practitioner who is, or is deemed to be, registered with the Occupational Therapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy

    physiotherapist means a health practitioner who is, or is deemed to be, registered with the Physiotherapy Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy.

    Regulation 2 dentist: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Regulation 2 dietitian: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Regulation 2 medical practitioner: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Regulation 2 nurse: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Regulation 2 occupational therapist: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Regulation 2 physiotherapist: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

3 Application
  • These regulations—

    • (a) apply to bursaries of the classes specified in paragraph (b) awarded after the commencement of these regulations; but

    • (b) do not apply to any variation after that commencement of bursaries awarded before that commencement:

      • (i) Dental Bursaries, being bursaries awarded to assist persons to undertake or complete the course of study leading to the degree of Bachelor of Dental Surgery of a university in New Zealand to qualify as dentists:

      • (ii) Dietetic Bursaries, being bursaries awarded to assist persons to undertake or complete the course of training and instruction to qualify as dietitians:

      • (iii) Medical Bursaries, being bursaries awarded to assist persons to undertake or complete the course of study leading to graduation in medicine and surgery at a university in New Zealand to qualify as medical practitioners:

      • (iv) Nursing Bursaries, being bursaries awarded to assist persons to undertake or complete nursing programmes to qualify as nurses:

      • (v) Occupational Therapy Bursaries, being bursaries awarded to assist persons to undertake or complete the course of training and instruction to qualify as occupational therapists:

      • (vi) Physiotherapy Bursaries, being bursaries awarded to assist persons to undertake or complete the course of training and instruction to qualify as physiotherapists.

    Regulation 3: replaced, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

4 Contracts of service
  • In any case in which a bursar is required, pursuant to subsection (4) of section 132A of the Health Act 1956, to sign a bond, it shall be a condition of the bursary that the offer and acceptance of the bursary shall constitute a contract between the Crown and the bursar whereby the bursar undertakes, in consideration of the award of a bursary subject to these regulations, to serve, if so required by the Director-General, in such employment or employments for such period or periods as may be specified in the conditions contained in the bond.

5 Obligations of bursars
  • (1) It shall be a condition of every bursary to which these regulations apply (in addition to the condition referred to in subsection (4) of section 132A of the Health Act 1956 and to the other conditions prescribed by these regulations) that, except as and to the extent that the Director-General may otherwise permit, every bursar shall—

    • (a) during the period of the bursary diligently and regularly study and attend the classes appropriate to the course of study, sit for all examinations held in relation thereto, abide by all rules of the University or approved training school or approved school of nursing, as the case may require, affecting his work and conduct, and faithfully carry out and conform to all such duties and directions as may be assigned or given to him by any person in authority over him:

    • (b) upon obtaining the degree or other qualification in respect of which the bursary has been held, or on the termination of the period of the bursary, whichever event shall be the sooner, forthwith do all such things and undertake and duly complete any course or further course of training or instruction, the doing or completion of which is necessary in order to entitle him to be registered under the material enactment as a practitioner of the profession, occupation, or calling to which the degree or other qualification is related in regulation 3, and, while engaged in any such course, comply with the obligations imposed on him by paragraph (a) as if that course were a course of study within the meaning of these regulations:

    • (c) upon becoming entitled to be so registered forthwith take all necessary steps to obtain such registration.

    (2) In subclause (1), in relation to medical bursaries, registered means fully registered and registration has a corresponding meaning.

    Regulation 5(1)(a): amended, on 2 March 1973, by regulation 2(2) of the Health (Bursaries) Regulations 1965, Amendment No 2 (SR 1973/35).

6 Concurrent awards
  • (1) It shall also be a condition of every bursary to which these regulations apply (in addition to the condition referred to in subsection (4) of section 132A of the Health Act 1956 and to the other conditions prescribed by these regulations) that, except with the authority of the Director-General given after consideration of the special circumstances of any case, no person shall be eligible to hold any bursary to which these regulations apply while he holds any other scholarship, bursary, or allowance (by whatever name called) awarded or made from public funds for the purpose of assisting him to pursue his studies at any University or approved training school as the case may require.

    (2) Where, with the authority of the Director-General as aforesaid, any person holds concurrently a bursary to which these regulations apply and any other scholarship, bursary, or allowance awarded or made from public funds, the value of the bursary to which these regulations apply may be reduced by such amount (if any) as the Director-General considers reasonable in the circumstances.

    (3) The award of a bursary to which these regulations apply shall not confer on the bursar any legal right to the continuance of the bursary for the full term for which it is awarded or to the continuance of the bursary at the rate specified in any such award throughout the term thereof.

    (4) It shall be the duty of every bursar to inform the Director-General in writing immediately any change in circumstances affects his eligibility to hold the bursary or any particular part thereof.

7 Cancellation and suspension of bursaries
  • The Director-General may cancel or suspend any bursary—

    • (a) at the request of the bursar; or

    • (b) if the bursar fails to attend diligently and regularly the classes appropriate to the course of study; or

    • (c) if the bursar fails in any year to be credited with passes in the minimum number of subjects required in the course of study for that year; or

    • (d) if the bursar fails to make progress in his studies or training satisfactory to the Director-General; or

    • (e) if the bursar ceases to pursue the course of study; or

    • (f) if the bursar commits a grave breach of the rules of the University or approved training school or approved school of nursing in which he is pursuing the course of study or is guilty of gross misconduct in relation to any such course or otherwise; or

    • (g) if the Director-General is of the opinion that the bursar is unsuitable for the profession, occupation, or calling in respect of which the bursary was awarded; or

    • (h) in the case of a Medical Bursary or Dental Bursary, if the bursar fails to obtain admission to a Medical School or Dental School in New Zealand; as the case may require.

    Regulation 7(f): amended, on 2 March 1973, by regulation 2(3) of the Health (Bursaries) Regulations 1965, Amendment No 2 (SR 1973/35).

8 No obligation to provide employment
  • Neither the award of a bursary to which these regulations apply, nor anything in these regulations, nor anything in any bond which a bursar is required to sign as a condition of receiving the bursary, shall operate to compel the Crown or any officer of the Crown at any time to employ the bursar or to arrange for his employment.

9 Administration of bonds
  • (1) For the purpose of calculating the amount payable by a bursar under a bond required to be executed by him pursuant to subsection (4) of section 132A of the Health Act 1956, the bursar may, at the discretion of the Director-General, be credited with the amount of any scholarship, bursary, or allowance, or such part thereof as the Director-General may determine, forgone by the bursar by reason of the provisions of subclause (1) of regulation 6.

    (2) For the purpose of calculating the length of the period of service rendered by a bursar pursuant to a condition in any bond referred to in subclause (1), in any case where, on the determination of his employment, the bursar receives a payment of money in lieu of the annual leave accrued due to him, the period in respect of which that payment is calculated shall be taken into account as if he had continued to be employed in accordance with that condition throughout that period.

    (3) Nothing in subclause (2) shall prevent any leave granted between periods of work, or on the cessation of work, from being taken into account for the purpose of calculating the length of a period of service.

    (4) Any power conferred on the Director-General by these regulations, or in any bond referred to in subclause (1), may be exercised by any officer of the Ministry of Health nominated by the the Director-General for the purpose subject to the general control of the Director-General.

    Regulation 9: inserted, on 1 March 1971, by regulation 3 of the Health (Bursaries) Regulations 1965, Amendment No 1 (SR 1971/53).

    Regulation 9(4): amended, on 1 July 1993, pursuant to section 38(3) of the Health Amendment Act 1993 (1993 No 24).

T J Sherrard,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 19 August 1965.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Health (Bursaries) Regulations 1965. The reprint incorporates all the amendments to the regulations as at 18 September 2004, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(3)

    Health Amendment Act 1993 (1993 No 24): section 38(3)

    Health (Bursaries) Regulations 1965, Amendment No 2 (SR 1973/35)

    Health (Bursaries) Regulations 1965, Amendment No 1 (SR 1971/53)