Health Sector Transfers (West Otago Health Trust) Order 2004

Reprint
as at 27 February 2004

Crest

Health Sector Transfers (West Otago Health Trust) Order 2004

(SR 2004/16)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 23rd day of February 2004

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 the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Health Sector Transfers (West Otago Health Trust) Order 2004.

2 Commencement
  • This order comes into force on 28 February 2004.

3 West Otago Health Trust 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 28 February 2004.

6 Provisions facilitating transfer of assets
  • It is declared that, on and from 28 February 2004,—

    • (a) every reference to Otago DHB (a district health board established by the New Zealand Public Health and Disability Act 2000) in any notice or document (other than an enactment) that relates to the assets transferred by this order is deemed to be a reference to West Otago Health Trust; and

    • (b) West Otago Health Trust assumes any rights and obligations of Otago DHB under applications, objections, or proceedings that—

      • (i) relate to the assets transferred by this order; and

      • (ii) are pending on 28 February 2004 before any court, authority, or other person; and

    • (c) this order is deemed to be notice to all persons, and specific notice need not be given to any authority or other person.


Schedule
Proposal for transfer of assets

cl 4

1 Background
  • This proposal, which is agreed to by West Otago Health Trust, has been prepared in accordance with section 5 of the Health Sector (Transfers) Act 1993 to transfer certain properties in Tapanui from Otago DHB to West Otago Health Trust. The properties are intended to be used for the delivery of community health services.

2 Transferor
  • The transferor is Otago DHB.

3 Transferee
  • The transferee is West Otago Health Trust.

4 Description of assets to be transferred
  • The assets to be transferred are the following properties:

    • (a) all that parcel of land in the Otago Land Registration District containing an area of approximately 2023 square metres, being Section 71, Block XIII Glenkenich Survey District, and being all the land comprised and described in Computer Freehold Register OT316/32:

    • (b) all that parcel of land in the Otago Land Registration District containing approximately 152 square metres, being Section 1062R, Block XIII, Glenkenich Survey District, and being all the land comprised and described in Computer Freehold Register OT171/49:

    • (c) all that parcel of land in the Otago Land Registration District containing approximately 2.0083 hectares, being Part Section 62, Block VIII, Glenkenich Survey District, and being all the land comprised and described in Computer Freehold Register OT164/135.

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 nil as at 28 February 2004.

6 Transfer of assets without consideration
  • The assets referred to in clause 4 are transferred without the transferor receiving any asset in return.

7 Transfer date
  • The transfer date is 28 February 2004.

8 Execution of proposal
  • This proposal is dated 9 February 2004 and is signed by the transferring Ministers, Annette Faye King, Minister of Health, and Michael John Cullen, Minister of Finance.

Annette King,
Minister of Health.

Michael Cullen,
Minister of Finance.

Rebecca Kitteridge,
Acting for 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 28 February 2004,—

  • gives West Otago Health Trust the status of a transferee under the Health Sector (Transfers) Act 1993; and

  • transfers 3 properties that made up the Tapanui hospital, an associated doctor's house, and surrounding area from Otago DHB to West Otago Health Trust.

The 3 properties are—

  • classified as reserve land under the Reserves Act 1977 and as a result of this order become a health sector reserve (see section 11E of the Health Sector (Transfers) Act 1993); and

  • intended to be used for the delivery of community health services.


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

Date of notification in Gazette: 26 February 2004.


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 (West Otago Health Trust) Order 2004. The reprint incorporates all the amendments to the order as at 27 February 2004 , 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/legislation/reprints.shtml or Part 8 of the Tables of 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)