New Zealand Public Health and Disability Act 2000

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5 Outline

(1)

In general terms, this Act relates to, and reorganises, the public health and disability sector.

(2)

Ministerial responsibilities (Part 2) include—

(a)

determining health and disability strategies (section 8):

(b)

negotiating and entering into agreements under which the Crown provides a person money in return for the person providing or arranging for the provision of health services or disability support services (section 10):

(c)

establishing and appointing committees (section 11), including—

(i)

a national advisory committee on health and disability (section 13):

(ii)

a health workforce advisory committee (section 15):

(iii)

a national advisory committee on health and disability support services ethics (section 16):

(iv)

mortality review committees (section 18 and Schedule 5).

(3)

District Health Boards (DHBs) are established (Part 3 and Schedules 1 to 3), and take over functions like those of Hospital and Health Services (HHSs), which are dissolved (Part 7). DHBs—

(a)

have boards that include members elected by the community and representation of Maori:

(b)

will provide, or fund the provision of, health services and disability support services:

(c)

have the objective of reducing health disparities by improving health outcomes for Maori and other New Zealanders:

(d)

are statutory entities rather than companies:

(e)

are accountable in a number of ways (under the Crown Entities Act 2004 and sections 38 to 42), for example, through plans prepared under section 38, and statements of intent.

(4)

The board of each DHB must have 3 permanent advisory committees (the community and public health advisory committee, disability support advisory committee, and hospital advisory committee (sections 34 to 36 and Schedule 4)), but may also establish other committees (Schedule 3—clause 38(1)).

(5)

A statutory entity called the Pharmaceutical Management Agency (Pharmac) is established (Part 4—sections 46 to 53, and sections 61 to 69, and Schedule 6), and takes over functions relating to the pharmaceutical schedule from the company called Pharmaceutical Management Agency Limited, which is dissolved (Part 7).

(6)

A statutory entity called the New Zealand Blood Service (NZBS) is established (Part 4—sections 54 to 56, and sections 61 to 69, and Schedule 6), and takes over functions relating to blood and controlled human substances from the company called New Zealand Blood Service Limited, which is dissolved (Part 7).

(7)

A Crown entity called the Health Promotion Agency (HPA) is established (Part 4—sections 57 to 59).

(7A)

A statutory entity called the Health Quality and Safety Commission (HQSC) is established (Part 4—sections 59A to 59E, 60, 61, 66, 67, and 69 and Schedule 6), and has functions that relate to the improvement of the quality and safety of health and disability support services.

(8)

Inquiry boards may be appointed by the Minister of Health to conduct an inquiry into, and report to the Minister on, matters like the funding or provision of health services or disability support services, or the management of any publicly-owned health and disability organisation (Part 5—sections 72 to 86).

(9)

The Health Funding Authority (HFA) is dissolved, and its functions, employees, and assets and liabilities transferred to the Crown, acting through the Ministry of Health (Part 7). However, funding of the provision of health services or disability support services may be further devolved under this Act.

(10)

Subsections (1) to (9) are only a guide to the general scheme and effect of this Act.

Section 5(3)(d): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 5(3)(e): amended, on 24 February 2011, by section 4(1) of the New Zealand Public Health and Disability Amendment Act 2010 (2011 No 118).

Section 5(3)(e): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 5(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 5(6): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 5(7): replaced, on 1 July 2012, by section 4 of the New Zealand Public Health and Disability Amendment Act 2012 (2012 No 41).

Section 5(7A): inserted, on 9 November 2010, by section 4(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).