inpatient postnatal care means inpatient care provided to a mother and baby immediately after labour and birth for the purposes of post-birth recovery

5 New Part 3A inserted (Access to inpatient postnatal care)

After section 93, insert:

Part 3A Access to inpatient postnatal care

93A Purpose of this Part

(1)

The purpose of this Part is to provide mothers and babies with access to a minimum of 72 hours of inpatient postnatal care.

(2)

This Part applies despite anything to the contrary in any funding agreement or other instrument.

93B Seventy-two hours of inpatient postnatal care to be provided

(1)

Every mother and baby is entitled to be provided with publicly funded inpatient postnatal care for a minimum period of 72 hours following birth.

(2)

The 72-hour period starts at the later of—

(a)

the time of delivery; or

(b)

the time of admission to inpatient postnatal care.

(3)

This section does not limit or affect any requirement to provide a longer period of publicly funded inpatient postnatal care based on clinical need.

93C Obligation to ensure 72 hours of inpatient postnatal care available

Health New Zealand must ensure that sufficient maternity services are available to provide 72 hours of inpatient postnatal care in accordance with section 93B.

93D Circumstances where requirements do not apply

Sections 93B and 93C do not apply if—

(a)

a state of emergency has been declared or a transition period has been notified under the Civil Defence Emergency Management Act 2002 (to the extent of the area covered by that state of emergency or transition period); or

(b)

an epidemic notice made under section 5 of the Epidemic Preparedness Act 2006 is in force; or

(c)

the Director-General has made an exemption notice under section 93E (to the extent of that exemption).

93E Exemption notices

(1)

The Director-General may make an exemption notice where, due to circumstances outside Health New Zealand’s control, meeting the requirements of sections 93B and 93C would be likely to cause serious harm or risk to life.

(2)

The exemption notice must specify—

(a)

the facilities or areas to which the exemption applies:

(b)

the start date and the period of the exemption.

(3)

An exemption notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(4)

Health New Zealand must publish the exemption notice on its Internet site.

Legislation Act 2019 requirements for secondary legislation made under this section
Publication	The maker must publish it in accordance with the Legislation (Publication) Regulations 2021	LA19 s 74(1)(aa)
Presentation	The Minister must present it to the House of Representatives	LA19 s 114
Disallowance	It may be disallowed by the House of Representatives	LA19 ss 115, 116
This note is not part of the Act.

6 Schedule 1 amended

In Schedule 1,—

(a)

insert the Part set out in the Schedule of this Act as the last Part; and

(b)

make all necessary consequential amendments.

Schedule New Part 5 inserted into Schedule 1

s 6

Part 5 Provisions relating to Healthy Futures (Pae Ora) (3-Day Postnatal Stay) Amendment Act 2026

53 Interpretation

In this Part,—

amendment Act means the Healthy Futures (Pae Ora) (3-Day Postnatal Stay) Amendment Act 2026

commencement date means the date on which the amendment Act comes into force.

54 Requirement to provide 72 hours of postnatal care applies from 1 July 2029

(1)

Part 3A takes effect from 1 July 2029.

(2)

Clauses 55 and 56 do not apply after 30 June 2029.

55 Preparation, approval, and publication of inpatient postnatal care plan

(1)

Health New Zealand must prepare an inpatient postnatal care plan at the times required by subclause (5).

(2)

The plan must set out how Health New Zealand will progressively increase maternity services to meet its obligation under section 93C.

(3)

Health New Zealand must submit the plan to the Minister for approval as soon as is reasonably practicable.

(4)

Health New Zealand must publish the approved plan on its Internet site.

(5)

Health New Zealand must prepare a plan at the following times:

(a)

within 12 months after the commencement date:

(b)

within 12 months after the approval of the previous plan.

56 Health NZ must give effect to inpatient postnatal care plan

Health NZ must give effect to an inpatient postnatal care plan.

Legislative history

21 March 2024		Introduction (Bill 37–1)
17 December 2024		First reading and referral to Health Committee
5 June 2025		Reported from Health Committee
30 June 2026		Second reading
15 September 2026		Committee of the whole House (Bill 37–2)
22 September 2026		Third reading
30 September 2026		Royal assent

This Act is administered by the Ministry of Health.

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Healthy Futures (Pae Ora) (3-Day Postnatal Stay) Amendment Act 2026