New Zealand Public Health and Disability Act 2000

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Reprint as at 31 October 2018

New Zealand Public Health and Disability Act 2000

Public Act		2000 No 91
Date of assent		14 December 2000
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.

1	Title
	Part 1 Preliminary provisions
2	Commencement
3	Purpose
4	Treaty of Waitangi
5	Outline
6	Interpretation
7	Act to bind the Crown
	Part 2 Responsibilities of Minister
8	Health and disability strategies
9	Strategies for standards and quality assurance programmes
10	Crown funding agreements
11	Ministerial committees
12	Information about committees to be made public
13	National advisory committee on health and disability
14	Public health advisory committee
15	Health workforce advisory committee
16	National advisory committee on health and disability support services ethics
17	National health epidemiology and quality assurance advisory committee [Repealed]
18	Mortality review committees [Repealed]
	Part 3 District Health Boards
19	Establishment of DHBs
20	Process for restructuring geographical areas of DHBs
21	Application of Crown Entities Act 2004 to DHBs
22	Objectives of DHBs
23	Functions of DHBs
24	Co-operative agreements and arrangements
25	Service agreements
	Boards of DHBs
26	Role of board
27	Duties of board
28	Shares in bodies corporate or interests in associations
29	Membership of boards
30	Crown monitors to sit on boards
31	Replacement of board by commissioner
32	Ministerial directions
33	Minister may require provision of services
33A	Proposals and directions in relation to administrative, support, and procurement services
	Ministerial directions to all DHBs
33B	Minister may give directions to all DHBs
	Committees
34	Community and public health advisory committees
35	Disability support advisory committees
36	Hospital advisory committees
	Accountability of DHBs
37	Responsibility of board [Repealed]
38	Planning framework and requirements
39	Resolution of disputes over contents of plan
40	Consultation on proposed changes to annual plan [Repealed]
	Financial provisions
41	DHBs to operate in financially responsible manner
42	Accountability documents under Crown Entities Act 2004
43	Auditor [Repealed]
	Miscellaneous
44	Provision of information
45	Other provisions in schedules
	Part 4 Other publicly-owned health and disability organisations
	Pharmaceutical Management Agency
46	Pharmac
47	Objectives of Pharmac
48	Functions of Pharmac
49	Pharmac to consult in implementing objectives and carrying out functions
50	Board of Pharmac to establish advisory committees
51	Publication of notices
52	Membership of board
53	Exemption from Part 2 of Commerce Act 1986
	New Zealand Blood Service
54	NZBS
55	Functions of NZBS
56	Membership of board
	Health Promotion Agency
57	Health Promotion Agency established
58	Functions, duties, and powers of HPA
59	Provisions relating to grants, sponsorship, and other matters
	Levies
59AA	Levies for alcohol-related purposes
	Health Quality and Safety Commission
59A	Health Quality and Safety Commission
59B	Objectives of HQSC
59C	Functions of HQSC
59D	Membership of board
59E	HQSC may appoint mortality review committees
	Other provisions
60	Interpretation
61	Role of board
62	Duties of board members [Repealed]
63	Shares in bodies corporate or interests in associations [Repealed]
64	Annual plans [Repealed]
65	Restrictions on directions by Minister
66	Pharmac, NZBS, and HPA to operate in financially responsible manner
67	Accountability documents under Crown Entities Act 2004
68	Auditor [Repealed]
69	Provision of information
70	Further provisions
	Part 4A Family care policies
70A	Purpose of this Part
70B	Interpretation
70C	Persons generally not to be paid for providing support services to family members
70D	Family care policy
70E	Claims of unlawful discrimination in respect of this Act or family care policy precluded
70F	Certificates relating to family care policies
70G	Savings
	Part 5 Inquiries
	Inquiries and investigations under Commissions of Inquiry Act 1908
71	Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct inquiry or investigation
	Special health inquiries
72	Minister may appoint inquiry board to conduct special health inquiry
73	Consultation required before inquiry board appointed to inquire into certain matters
74	Discussion required before inquiry board appointed
75	Establishment and alteration of inquiry
76	Protection of inquiry board
77	Instructions as to procedure
78	Further requirements as to procedure
79	Inquiry hearings and evidence generally to be public
80	Supplementary procedure
81	Evidence
82	Powers to investigate
83	Power to summon witnesses
84	Service of summons
85	Protection of witnesses
86	Offences
	Part 6 Miscellaneous provisions
87	Saving of certain transactions
88	Arrangements relating to payments
89	Principles of national consistency applicable to notices under section 88
90	Exclusion of liability
91	No compensation for loss of office
92	Regulations
	Part 7 Transitional and consequential provisions
93	Interpretation
	Assets and liabilities of dissolved entities to vest in publicly-owned health and disability organisations
94	Health Funding Authority dissolved and assets and liabilities vested in the Crown
95	Hospital and health services dissolved and assets and liabilities vested in DHBs
96	Assets and liabilities of New Zealand Blood Service Limited vested in NZBS
97	Former directors of New Zealand Blood Service Limited to be transitional members of NZBS
98	Pharmaceutical Management Agency Limited dissolved and assets and liabilities vested in Pharmac
99	Former directors of Pharmaceutical Management Agency Limited to be transitional members of board of Pharmac
100	Health Sector (Transfers) Act 1993 to apply to vestings under this Act
101	Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of dissolved entities and certain employees of Ministry of Health
102	References to dissolved entities to be references to their successors
103	Persons in whom assets and liabilities vested deemed dissolved entities for certain purposes
	Transitional provisions relating to annual reports and financial statements of dissolved entities
104	Meaning of final report
105	Final reports of dissolved entities
	All positions on boards of DHBs filled by appointment until first elections
106	Transitional board members
	Amendments to other Acts
107	Amendments to Commerce Act 1986
108	Amendments to State Sector Act 1988
109	Amendment to Mental Health Commission Act 1998
	Consequential repeals, revocations, and amendments
110	Consequential repeals and revocations
111	Consequential amendments
112	Saving
	Appropriations for purposes of Act
113	Interim authority of Crown to incur liabilities
	Transitional provisions relating to New Zealand health strategy and New Zealand disability strategy
114	Consultation for first New Zealand health strategy and first New Zealand disability strategy
	Schedule 1 DHBs and their geographical areas
	Schedule 2 Membership of boards: Election and appointment of members, and effect of boundary changes on membership
	Schedule 3 Provisions applying to DHBs and their boards
	Schedule 4 Provisions applying to community and public health advisory committees, disability support advisory committees, and hospital advisory committees
	Schedule 4A Provisions relating to imposition and payment of HPA levies
	Schedule 4B Classes of alcohol and rates for each class
	Schedule 5 Provisions applying to mortality review committees
	Schedule 6 Further provisions applying to Pharmac, NZBS, HPA, and HQSC
	Schedule 7 Vesting of assets and liabilities of hospital and health services in DHBs
	Schedule 8 Consequential revocations of instruments
	Schedule 9 Consequential amendments to Acts
	Schedule 10 Consequential amendments to other instruments
	New Zealand Public Health and Disability Amendment Act 2010
	New Zealand Public Health and Disability Amendment Act 2012
	Reprint notes

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