Health (Cervical Screening (Kaitiaki)) Regulations 1995

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Health (Cervical Screening (Kaitiaki)) Regulations 1995

(SR 1995/29)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 27th day of February 1995

Present:
The Right Hon D C McKinnon presiding 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 sections 74A and 117 of the Health Act 1956, Her Excellency the Governor-General, 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 (Cervical Screening (Kaitiaki)) Regulations 1995.

    (2) These regulations shall come into force on 1 April 1995.

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

    the Act means the Health Act 1956

    National Kaitiaki Group or Group means the group established pursuant to regulation 6 of these regulations

    protected information means information that—

    • (a) is on or from the Register; and

    • (b) identifies the woman or women to whom the information relates as being Maori

    Register means the National Cervical Screening Register maintained by the Ministry of Health or by a person who is appointed by the Director-General for this purpose.

    (2) Where any expression used in these regulations is not defined in these regulations but is defined in the Act, that expression shall, unless the context otherwise requires, have, in these regulations, the meaning given to it in the Act.

Restrictions on disclosure, use, and publication of protected information

3 Restrictions on disclosure, use, and publication of protected information
  • (1) No person shall disclose, under section 74A(5)(f) of the Act, any protected information unless the information is disclosed with the approval of the Group granted under regulation 5.

    (2) No person shall disclose or use or publish any protected information (being protected information that does not enable the identification of the woman or women to whom the information relates) unless the information is disclosed or used or published with the approval of the Group granted under regulation 5.

4 Applications for approval
  • (1) Every application for the approval of the Group to disclose or use or publish protected information—

    • (a) shall be made in writing to the Director-General; and

    • (b) shall be forwarded as soon as practicable by the Director-General to the convenor of the Group.

    (2) Every such application shall specify—

    • (a) the reasons why the protected information to which the application relates is sought; and

    • (b) the reasons why it is necessary for the information to identify the woman or women to whom the information relates as being Maori; and

    • (c) where it is proposed to use the information for research,—

      • (i) the purposes of the research; and

      • (ii) how the results of the research will be used.

5 Decisions on applications for approval
  • (1) Where an application made under regulation 4 is received by the convenor of the Group, the Group shall consider the application as soon as reasonably practicable, and shall determine, in accordance with subclause (3), whether or not to grant the approval.

    (2) Any approval granted under this regulation may be granted either unconditionally or subject to such conditions as the Group thinks fit.

    (3) In determining whether or not to grant an approval under this regulation, and in determining what conditions (if any) should be imposed on any such approval, the Group shall have regard to the following matters:

    • (a) the principle of the sanctity of Te Whare Tangata:

    • (b) the need for culturally appropriate protection for the taonga of protected information:

    • (c) the need to ensure that protected information is used for the benefit of Maori women.

    (4) As soon as reasonably practicable after determining an application under this regulation, the convenor of the Group shall notify the Director-General in writing of the Group's decision and of the reasons for the decision.

    (5) The Director-General shall as soon as reasonably practicable inform the applicant of the Group's decision and of the reasons for the decision.

National Kaitiaki Group

6 National Kaitiaki Group
  • (1) The Minister shall establish a group called the National Kaitiaki Group.

    (2) The function of the Group shall be to consider applications under these regulations for approval to disclose or use or publish protected information and to grant approval for such disclosure or use or publication in appropriate cases.

7 Membership of Group
  • (1) The Group shall consist of not fewer than 3 and not more than 6 members.

    (2) The members of the Group shall be appointed by the Minister after consultation with—

    • (a) the Minister of Maori Affairs; and

    • (b) the Minister of Women's Affairs; and

    • (c) such other persons as the Minister considers appropriate in any particular case.

    (3) Unless sooner vacating or removed from office, every member of the Group shall hold office for such term (not exceeding 3 years) as the Minister shall specify in the instrument appointing the member.

    (4) Every member of the Group shall be eligible for reappointment from time to time.

    (5) Subject to these regulations, every member of the Group shall be appointed on such terms and conditions as the Minister thinks fit.

8 Convenor
  • (1) The Minister shall from time to time appoint a member of the Group to be the convenor of the Group.

    (2) Subject to subclause (3) and to regulation 9, any person who is appointed as the convenor of the Group shall hold that office until that person's current term of office as a member of the Group expires (whether or not that person is subsequently reappointed as a member of the Group).

    (3) Any person who is appointed as the convenor of the Group—

    • (a) may at any time be removed from office as convenor by the Minister by notice in writing to that person:

    • (b) may at any time resign that person's office as convenor by notice in writing addressed to the Minister.

    (4) Any member of the Group may from time to time be reappointed as the convenor of the Group.

9 Vacation of office
  • (1) Any member of the Group may at any time be removed from office by the Minister by notice in writing to the member and to the convenor of the Group.

    (2) Any member of the Group may at any time resign that person's office by notice in writing addressed to the Minister.

    (3) Where the term for which a person who has been appointed to be a member of the Group expires, that person, unless sooner vacating or removed from office, shall continue to hold office, by virtue of the appointment for the term that has expired, until—

    • (a) that person is reappointed; or

    • (b) a successor to that person is appointed; or

    • (c) that person is informed in writing by the Minister that that person is not to be reappointed and is not to hold office until a successor is appointed.

    (4) No act or proceeding of the Group or of any person acting as a member of the Group shall be invalidated because there was a vacancy in the membership of the Group at the time of the act or proceeding, or because of the subsequent discovery that there was a defect in the appointment of any person so acting, or that the person was incapable of being, or had ceased to be, such a member.

10 Procedure and servicing
  • (1) Except as provided in these regulations, the Group may regulate its procedure in such manner as it thinks fit.

    (2) The Crown (acting through the Ministry of Health) shall provide such secretarial and other services to the Group as the Minister from time to time determines.

Offences

11 Offences
  • Every person commits an offence and is liable on conviction to a fine not exceeding $500 who, without lawful excuse,—

    • (b) in contravention of regulation 3(2), discloses or uses or publishes any protected information without the approval of the Group; or

    • (c) contravenes or fails to comply with any condition imposed on any approval granted under regulation 5.

    Regulation 11: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Marie Shroff,
Clerk of the Executive Council.


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

Date of notification in Gazette: 2 March 1995.


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 (Cervical Screening (Kaitiaki)) Regulations 1995. The reprint incorporates all the amendments to the regulations as at 1 July 2013, 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)