Health (Retention of Health Information) Regulations 1996

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Health (Retention of Health Information) Regulations 1996

(SR 1996/343)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 25th day of November 1996

Present:
His Excellency the Governor-General 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 117 and 121A of the Health Act 1956, His 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 (Retention of Health Information) Regulations 1996.

    (2) These regulations shall come into force on 1 January 1997.

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

    health information, in relation to an identifiable individual, means—

    • (a) information about the health of that individual, including that individual’s medical history:

    • (b) information about any disabilities that individual has, or has had:

    • (c) information about any services that are being provided, or have been provided, to that individual:

    • (d) information provided by that individual in connection with the donation, by that individual, of any body part, or any bodily substance, of that individual

    individual means a natural person; and includes a deceased natural person

    minimum retention period has the meaning set out in regulation 5

    provider has the meaning set out in regulation 4

    services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000.

    Regulation 2 disability services: revoked, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Regulation 2 health information paragraph (c): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Regulation 2 health services: revoked, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Regulation 2 services: added, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

3 General effect
  • (1) The general effect of these regulations is to impose an obligation on providers of services to retain, for a minimum period, health information relating to identifiable individuals.

    (2) That obligation is imposed on the provider that for the time being holds the health information, even though the information may have been transferred to that provider.

    Regulation 3(1): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

4 Definition of provider
  • In these regulations, unless the context otherwise requires, the term provider means—

    • (a) a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:

    • (b) [Revoked]

    • (c) a rest home operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:

    • (d) a residential disability care operator (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001):

    • (f) [Revoked]

    • (h) a health practitioner within the meaning of section 5(1) of the Health Practitioners Competence Assurance Act 2003:

    • (i) any person who provides ambulance services to the public:

    • (j) any person employed by the School Dental Service to carry on the practice of dentistry:

    • (k) any other person who provides, or holds himself or herself or itself out as providing, services to the public or to any section of the public, whether or not any charge is made for those services.

    Regulation 4(a): substituted, on 1 October 2002, by section 58(3) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

    Regulation 4(b): revoked, on 1 October 2002, by section 58(3) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

    Regulation 4(c): substituted, on 1 October 2002, by section 58(3) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

    Regulation 4(d): substituted, on 1 October 2002, by section 58(3) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

    Regulation 4(e): substituted, on 1 April 2000, by section 9(1) of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).

    Regulation 4(f): revoked, on 1 April 2000, by section 9(2) of the Children’s Health Camps Board Dissolution Act 1999 (1999 No 141).

    Regulation 4(h): substituted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Regulation 4(k): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

5 Definition of minimum retention period
  • In these regulations, unless the context otherwise requires, minimum retention period, in relation to health information that relates to an identifiable individual, means a period of 10 years beginning on the day after the date shown in the health information as the most recent date on which a provider provided services to that individual.

    Regulation 5: amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

6 Health information to be kept for minimum retention period
  • (1) Subject to subclause (2) and to regulations 7, 8, and 9, every provider that holds health information shall retain that health information for the minimum retention period.

    (2) Subclause (1) does not prevent a provider from transferring health information that relates to an identifiable individual to,—

    • (a) another provider; or

    • (b) the individual to whom the information relates; or

    • (c) if that individual is dead, the personal representative of that individual.

7 Scope of obligation to retain health information
  • (1) This regulation applies for the avoidance of doubt.

    (2) Regulation 6(1) applies to the provider who for the time being holds health information, whether or not that provider is the provider who most recently provided the services to the individual to whom the information relates.

    (3) Regulation 6(1) applies to health information that came into existence before, on, or after 1 January 1997.

    (4) Subject to regulation 6(2), where a provider is required by regulation 6(1) to retain, for the minimum retention period, health information relating to an identifiable individual, regulation 6(1) requires the provider to retain, for that period, any health information the provider holds that came into existence before the beginning of the minimum retention period and that relates to the same individual.

    Regulation 7(2): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

8 Health information held by personal representatives and bodies in liquidation
  • (1) Regulation 6(1) does not apply to the personal representative of a provider who is a deceased individual.

    (2) Regulation 6(1) does not apply to a provider that is—

    • (a) a company put into liquidation under the Companies Act 1955 or the Companies Act 1993; or

    • (c) any other body put into liquidation under any other Act and to which Part 16 of the Companies Act 1993 is applied.

    (3) Nothing in regulation 6 limits or affects section 230 of the Companies Act 1955 or section 256 of the Companies Act 1993 (which relate to the keeping of accounts and records of companies put into liquidation).

9 Form in which health information to be retained
  • (1) Nothing in regulation 6(1) requires any health information to be retained in any particular form, and health information to which that regulation applies may be held and retained—

    • (a) in such form as the provider thinks fit; and

    • (b) in different forms at different times.

    (2) Where the medium on which health information is kept may deteriorate before the expiry of the minimum retention period with the result that that health information cannot be read or retrieved, it shall be sufficient compliance with the requirements of regulation 6(1) if an accurate summary or interpretation of that information is made and retained for the balance of the minimum retention period.

10 Other duties in relation to health information not affected
  • Nothing in these regulations limits or affects any other legal duty of a provider in relation to health information.

11 Offence
  • (1) Every provider commits an offence who fails, without reasonable excuse, to comply with regulation 6(1).

    (2) Every provider who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $500.

    Regulation 11(2): 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: 28 November 1996.


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 (Retention of Health Information) Regulations 1996. 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)
  • Criminal Procedure Act 2011 (2011 No 81): section 413

    Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(3)

    Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(3)

    New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(2)

    Children’s Health Camps Board Dissolution Act 1999 (1999 No 141): section 9(1), (2)