Health Sector Transfers (Housing New Zealand Corporation) Order 2002

Reprint
as at 26 July 2002

Crest

Health Sector Transfers (Housing New Zealand Corporation) Order 2002

(SR 2002/207)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 23rd day of July 2002

Present:
Her 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.

This order is administered by the Ministry of Health.


Pursuant to sections 2(6) and 5 of the Health Sector (Transfers) Act 1993, Her Excellency the Governor-General, acting on recommendations of the Ministers of Health and Finance and on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Health Sector Transfers (Housing New Zealand Corporation) Order 2002.

2 Commencement
  • This order comes into force on 31 July 2002.

3 Housing New Zealand Corporation to be transferee
4 Approval of proposal
  • The proposal set out in the Schedule is approved.

5 Date on which proposal takes effect
  • The proposal set out in the Schedule takes effect on 31 July 2002.


Schedule
Proposal for transfer of assets

cl 4

1 Background
  • This proposal, which has been agreed to by Housing Corporation New Zealand, has been prepared in accordance with section 5 of the Health Sector (Transfers) Act 1993 to transfer certain properties in Lower Hutt from Hutt DHB to Housing New Zealand Corporation. The properties are intended to be used as a community rehabilitation facility.

2 Transferor
  • The transferor is Hutt DHB.

3 Transferee
  • The transferee is Housing New Zealand Corporation.

4 Description of assets to be transferred
  • The assets to be transferred are the properties situated at 41, 43, 45, 47, 49, and 51 Pilmuir Street, Lower Hutt, being—

    • (a) Lot 23 on Deposited Plan 1915, comprised in certificate of title 326/43; and

    • (b) Lot 24 on Deposited Plan 1915, comprised in certificate of title 305/262; and

    • (c) Lot 25 on Deposited Plan 1915, comprised in certificate of title 382/189; and

    • (d) Lot 26 on Deposited Plan 1915, comprised in certificate of title 320/41; and

    • (e) Lot 27 on Deposited Plan 1915, comprised in certificate of title 384/68; and

    • (f) Part of Lot 28 on Deposited Plan 1915, comprised in certificate of title 362/225.

5 Value attributed to assets for purposes of transfer
  • For the purposes of the transfer, the value attributed to the assets described in clause 4 is $840,000 as at 31 July 2002.

6 Transfer date
  • The transfer date is 31 July 2002.

7 Provisions constituting obligations of transferee
  • The following provisions constitute obligations of the transferee:

    • (a) the transferee must, by the transfer date, pay to the transferor the sum of $840,000 in consideration for the transfer of the assets described in clause 4:

    • (b) the transferee may not, without the prior written consent of the Minister of Health, use any of the assets described in clause 4 for a purpose other than a health-related purpose:

    • (c) the transferee may not, without the prior written consent of the Minister of Health, sell or otherwise dispose of any of the assets described in clause 4.

8 Execution of proposal
  • This proposal is dated 6 June 2002 and is signed by the transferring Ministers, Annette Faye King, Minister of Health and Michael John Cullen, Minister of Finance.

    Michael John Cullen, Minister of Finance
    Annette Faye King, Minister of Health

Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 31 July 2002, gives Housing New Zealand Corporation the status of a transferee under the Health Sector (Transfers) Act 1993. Under that Act assets and liabilities may be vested in an entity that has that status. An entity of that kind may also become the owner of land that is held subject to certain statutory restrictions within the health sector.

The order also approves a proposal for the transfer from Hutt DHB to Housing New Zealand Corporation of certain properties in Lower Hutt, which are intended to be used as a community rehabilitation facility. Housing New Zealand Corporation may not, without the consent of the Minister of Health, sell the properties or use them for purposes other than health-related purposes.


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

Date of notification in Gazette: 25 July 2002.


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 Sector Transfers (Housing New Zealand Corporation) Order 2002. The reprint incorporates all the amendments to the order as at 26 July 2002, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)