Health Sector Transfers (NZ Health Partnerships Limited) Order 2015

2015/148

Coat of Arms of New Zealand

Health Sector Transfers (NZ Health Partnerships Limited) Order 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 22nd day of June 2015

Present:
His Excellency the Governor-General in Council

Pursuant to section 5 of the Health Sector (Transfers) Act 1993, His Excellency the Governor-General makes the following order, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the transferring Ministers.

Order

1 Title

This order is the Health Sector Transfers (NZ Health Partnerships Limited) Order 2015.

2 Commencement

This order comes into force on 1 July 2015.

3 Approval of proposal

The proposal set out in the Schedule is approved.

4 Date on which proposal takes effect

The proposal set out in the Schedule takes effect on 1 July 2015.

5 Provisions facilitating transfer of assets and liabilities

(1)

It is declared that on and from 1 July 2015—

(a)

a reference to the transferor in any regulations, order, notice, or document is deemed to be a reference to the transferee; and

(b)

the transferee assumes the rights and obligations of the transferor in respect of applications for rights, objections, or proceedings 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.

(2)

The Registrar of Companies is directed to register or record the declaration.

Schedule Proposal for transfer of assets and liabilities from Health Benefits Limited to NZ Health Partnerships Limited

cls 3, 4

1 Background

This proposal has been prepared in accordance with section 5 of the Health Sector (Transfers) Act 1993 for the purpose of transferring all the assets and liabilities of Health Benefits Limited to NZ Health Partnerships Limited.

2 Transferor

The transferor is Health Benefits Limited.

3 Transferee

The transferee is NZ Health Partnerships Limited.

4 Description of assets to be transferred

The assets to be transferred to the transferee are all the assets for the time being of the transferor.

5 Description of liabilities to be transferred

The liabilities to be transferred to the transferee are all the liabilities for the time being of the transferor.

6 Values attributed to assets and liabilities for the purpose of transfer

(1)

The value attributed to the assets to be transferred is $610,381,000.

(2)

The value attributed to the liabilities to be transferred is $600,224,000.

7 Transfer of assets without consideration

The transferor is to transfer the assets referred to in clause 4 without receiving any asset in return.

8 Transfer date

The transfer date is 1 July 2015.

9 Date and execution

This proposal is dated 11 June 2015 and is signed by the transferring Ministers, Simon William English, Minister of Finance, and Jonathan David Coleman, Minister of Health.

Michael Webster,
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 comes into force on 1 July 2015. It transfers all the assets and liabilities of Health Benefits Limited to NZ Health Partnerships Limited, which is a subsidiary of the 20 District Health Boards.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 June 2015.

This order is administered by the Ministry of Health.