This bill was formerly part of the Crown Entities Reform Bill as reported from the Government Administration Committee. The committee of the whole House has further amended the bill and divided it into the following bills:

New Zealand Public Health and Disability Amendment Bill comprising clauses 1 and 2, Part 1, and Schedules 1 to 4
this bill comprising Part 2 and Schedules 5 and 6
Charities Amendment Bill (No 2) comprising Part 3 and Schedules 7 to 9.

Hon Dr Jonathan Coleman

Mental Health Commission Amendment Bill

Government Bill

332—3B

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Mental Health Commission Amendment Act 2012.

2 Commencement

This Act comes into force on 1 July 2012.

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36 Principal Act amended

This Part amends the Mental Health Commission Act 1998.

Amendment to principal Act

37 Expiry and repeal of Act

Section 13 is amended by repealing subsection (1) and substituting the following subsection:
- “(1) This Act expires on the close of 30 June 2012.”

Other amendments

38 Amendments to Health and Disability Commissioner Act 1994

(1) This section amends the Health and Disability Commissioner Act 1994.
(2) Section 9 is repealed and the following section substituted:
“9 Deputy Commissioners and Mental Health Commissioner

“(1) One or more Deputy Health and Disability Commissioners may be appointed in the same way as the Commissioner is appointed, except that the Minister must consult the Commissioner before recommending a person for appointment as a Deputy Commissioner.

“(2) A person may be appointed as the Mental Health Commissioner in the same way as the Commissioner is appointed, except that the Minister must consult the Commissioner before recommending a person for appointment as the Mental Health Commissioner.

“(3) A person who is a Deputy Commissioner or the Mental Health Commissioner has any powers, duties, and functions that—

“(a) the Commissioner delegates to him or her under section 68(3A); and

“(b) he or she may exercise and perform under subsection (4).

“(4) During the absence of the Commissioner from duty (for any reason) or a vacancy in the office of the Commissioner (for any reason), the powers, duties, and functions of the Commissioner may be exercised and performed by—

“(a) a person appointed under this section who is nominated for the purpose by the Commissioner before the absence or vacancy by a written notice that is in force at the time of the absence or vacancy; or

“(b) if there is no such notice, the longest serving person appointed under this section.”
(3) Section 14(1) is amended by inserting the following paragraph after paragraph (m):
- “(ma) to monitor mental health and addiction services and to advocate improvements to those services:”.
(4) Section 68(2) is amended by inserting “or the Mental Health Commissioner” after “a Deputy Commissioner”.

(5) Clause 4(5) of Schedule 2 is amended by inserting “or the Mental Health Commissioner” after “Deputy Commissioner”.

(6) The person who, immediately before the commencement of this section, was the chairperson of the Mental Health Commission is deemed to have been appointed as the first Mental Health Commissioner until the close of 31 August 2015 and holds that new office on the same terms and conditions as he or she held that former office (as if determined by the Remuneration Authority).

39 Revocation

The Mental Health Commission Act (Postponement of Expiry) Order 2004 (SR 2004/84) is revoked.

40 Consequential amendments

(1) The Remuneration Authority Act 1977 is amended in the manner indicated in Schedule 5.

(2) On the expiry of the Mental Health Commission Act 1998, the Acts specified in Schedule 6 are amended in the manner indicated in that schedule.

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s 40(1)

Remuneration Authority Act 1977 (1977 No 110)

Schedule 4: insert in its appropriate alphabetical order:

“The Mental Health Commissioner and the Deputy Health and Disability Commissioners.”

s 40(2)

Crown Entities Act 2004 (2004 No 115)

Item relating to the Mental Health Commission in Part 2 of Schedule 1: omit.

Official Information Act 1982 (1982 No 156)

Item relating to the Mental Health Commission in Schedule 1: omit.

Ombudsmen Act 1975 (1975 No 9)

Item relating to the Mental Health Commission in Part 2 of Schedule 1: omit.

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Legislative history
29 May 2012	Divided from Crown Entities Reform Bill (Bill 332–2) by committee of the whole House as Bill 332–3B

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