Health Sector Transfers (Christchurch Hospital Outpatients Facility) Order 2018

2018/212

Coat of Arms of New Zealand

Health Sector Transfers (Christchurch Hospital Outpatients Facility) Order 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 29th day of October 2018

Present:
The Right Hon Jacinda Ardern presiding in Council

This order is made under section 5 of the Health Sector (Transfers) Act 1993

(a)

on the recommendation of the Minister of Finance and the Minister of Health; and

(b)

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

Order

1 Title

This order is the Health Sector Transfers (Christchurch Hospital Outpatients Facility) Order 2018.

2 Commencement

This order comes into force on 1 November 2018.

3 Interpretation

In this order—

assigned number, in relation a contract, means the number by which the contract is identified in the Ministry of Health’s database of contracts

facility means the Christchurch Hospital Outpatients Facility

proposal means the proposal set out in the Schedule and includes the appendix.

4 Approval of proposal

The proposal is approved.

5 Date on which proposal takes effect

The proposal takes effect on 1 November 2018.

Schedule Proposal

cl 3

1 Background

This proposal has been prepared in accordance with section 5 of the Act for the purpose of transferring the Christchurch Hospital Outpatients Facility from the Crown to Canterbury DHB. The facility has been constructed pursuant to contracts entered into between the Crown and third parties, on land owned by Canterbury DHB, and belongs to the Crown by agreement with Canterbury DHB.

2 Transferor

The transferor is the Crown acting through the Ministry of Health.

3 Transferee

The transferee is Canterbury DHB.

4 Description of assets to be transferred

The assets to be transferred are—

(a)

the facility, including all furniture, fittings, and equipment of the facility; and

(b)

all rights of the transferor under each contract specified in the appendix to the extent that the contract relates to the facility.

5 Description of liabilities to be transferred

The liabilities to be transferred are all the liabilities (including obligations) of the transferor arising in respect of the assets described in clause 4.

6 Values attributed to assets and liabilities

For the purpose of the transfer,—

(a)

the value attributed to the assets to be transferred is $72,000,000.00 as at the transfer date; and

(b)

the value attributed to the liabilities to be transferred is nil as at the transfer date.

7 Transfer of assets for consideration

The consideration for the transfer is the value of the assets being transferred.

8 Transfer of liabilities for consideration only of transfer of assets

The transferee is to incur the liabilities described in clause 5 for consideration only of receiving the assets described in clause 4.

9 Transfer date

The transfer date is 1 November 2018.

10 Delegations

The transferring Ministers are jointly authorised, in accordance with clause 16 of Schedule 1 of the Act, to—

(a)

take any action or make any decision on behalf of the Crown to give effect to the proposal; and

(b)

appoint the Chief Financial Officer of the Ministry of Health to act as their agent in taking any action or making any decision on behalf of the Crown to give effect to the proposal.

11 Date of execution

The proposal is dated 2 October 2018 and is signed by the transferring Ministers, Grant Murray Robertson, Minister of Finance, and David Scott Clark, Minister of Health.

Appendix

Contracts between transferor and third parties

Assigned numberName of third partyService providedAgreement date
CH004Rider Levett Bucknall Christchurch LimitedQuantity surveying services 4 July 2013
CH009Octa Associates LimitedExtension of time peer review11 November 2013
CH012Woods Harris Consulting LimitedProgramming services Outpatients Facility25 July 2013
BC014Urbis TPD LimitedPlanning and traffic services28 January 2014
CH023CCM Architects LimitedDesign services (Outpatients Facility business case)5 June 2014
CH025PricewaterhouseCoopers New ZealandBusiness case Outpatients Facility2 July 2014
CH031Resource Co-ordination Partnership LimitedProgramme director services24 July 2014
CH027Jacobs Group (Australia) Pty LtdHealth planning services (business case)8 September 2014
CH049CCM Architects LimitedDesign services (Outpatients Facility)20 July 2015
CH054PricewaterhouseCoopers New ZealandProbity—main building contractor for Outpatients Facility7 May 2015
CH053Johnstaff Projects (NZ) Pty LimitedProject management services29 July 2015
CH063Jacobs Group (Australia) Pty LtdServices engineering22 July 2015
CH074McManus Geotech LimitedGeotech peer review 15 December 2015
CH064Opus International Consultants LimitedStructural and civil engineers22 July 2015
CH080Cannon Corporation LimitedGeotech and structural peer review for producer statement design review15 March 2016
CH084Barrier Free New Zealand TrustAccessibility review23 March 2016
CH085Aurecon New Zealand LimitedFire strategy report 23 March 2016
CH087Leighs Construction LimitedMain build contractor30 June 2016
CH095Lucas Safety LimitedHealth and safety consultant26 May 2016
CH107Southern QA LimitedThird party testing of circular hollow section column material for steel5 December 2016
CH110Connetics LimitedDesign for high voltage substation13 December 2016
CH124Independent Line Services LimitedSupply, installation, and commissioning of substation3 August 2017
CH128B &W Consulting LimitedMigration manager (includes Acute Services Building)1 December 2017
WMN2A/3516Fox & Associates LimitedGround penetrating radar site services locate
WMN2A/3518Underground Overground Archaeology LimitedArchaeological (purchase order)8 October 2015
WMN2A/3537Visual Networks LimitedConstruction camera

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 November 2018. The order transfers from the Crown to Canterbury DHB the newly constructed Christchurch Hospital Outpatients Facility and the rights and obligations of the Crown under specified third party contracts (to the extent that those contracts relate to the facility).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 November 2018.

This order is administered by the Ministry of Health.