This Act is the New Zealand Public Health and Disability Amendment Act 2012.

This Act comes into force on 1 July 2012.

This Part amends the New Zealand Public Health and Disability Act 2000.

Section 5 is amended by repealing subsection (7) and substituting the following subsection:

(1) Section 6(1) is amended by repealing the definition of CHFA.

(2) The definition of publicly-owned health and disability organisation in section 6(1) is amended by omitting “CHFA” and substituting “HPA”.

(3) Section 6(1) is amended by inserting the following definition in its appropriate alphabetical order:

Sections 57 to 59 and the heading above section 57 are repealed and the following headings and sections substituted:

The definition of organisation in section 60 is amended by repealing paragraph (c) and substituting the following paragraph:

The heading to section 66 is amended by omitting “CHFA” and substituting “and HPA”.

Section 70 is amended by omitting “CHFA” and substituting “HPA”.

Section 92 is amended by adding the following subsections:

(1) The heading to Schedule 6 is amended by omitting “CHFA” and substituting “HPA”.

(2) The definition of organisation in clause 1 of Schedule 6 is amended by repealing paragraph (c) and substituting the following paragraph:

The Schedules 4A and 4B set out in Schedules 1 and 2 are inserted after Schedule 4.

(1) The Alcohol Advisory Council Act 1976 (1976 No 143) is repealed.

(2) The Alcohol Advisory Council (Schedule Amendment) Order 2009 (SR 2009/142) is revoked.

(3) The following orders and regulations continue to have effect and may be amended or revoked under the New Zealand Public Health and Disability Act 2000:

• (a) Alcohol Advisory Council Levy Order 2009 (SR 2009/160):

• (b) Alcohol Advisory Council Levy Order 2011 (SR 2011/146):

• (a) every Alcohol Advisory Council Levy Order made under section 27 of the Alcohol Advisory Council Act 1976 that is in force at the commencement of this Act:

• (c) Alcohol Advisory Council Regulations 1978 (SR 1978/1).

(1) This section amends the Smoke-free Environments Act 1990.

(2) The definition of Council in section 2(1) is repealed.

(3) Part 3 is repealed.

In sections 16 to 24, unless the context otherwise requires,—

On the commencement of this section,—

• (a) the Alcohol Advisory Council and the Health Sponsorship Council are disestablished; and

• (b) the term of office of the members of those councils ends.

On and from the commencement of this section,—

• (a) all real and personal property of the Alcohol Advisory Council and the Health Sponsorship Council vests in HPA free of all trusts; and

• (b) all rights of those councils vest in HPA; and

• (c) all money payable to either of those councils is payable to HPA; and

• (d) all liabilities of each of those councils vest in HPA; and

• (e) all proceedings pending by or against either of those councils may be continued, completed, or enforced by or against HPA.

To avoid doubt, anything transferred to HPA by section 17 is not—

• (a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:

• (b) a supply of goods and services for the purposes of the Goods and Services Tax Act 1985:

• (c) a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax Act 2007.

No member of the Alcohol Advisory Council or the Health Sponsorship Council is entitled to compensation for loss of office resulting from the disestablishment of the council.

(1) An employee is not entitled to receive any payment or other benefit on the ground that his or her position in the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health has ceased to exist if—

• (a) the position ceases to exist as a result of a transfer of functions from the council to HPA; and

• (b) in connection with that transfer of functions,—

  • (i) the employee is offered equivalent employment in HPA (whether or not the employee accepts the offer); or

  • (ii) the employee is offered, and accepts, other employment in HPA.

(2) In this section, equivalent employment to the employee's employment in the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health is employment in HPA—

• (a) in substantially the same position; and

• (b) in the same general locality; and

• (c) on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and

• (d) on terms that treat the period of service with the council (and any other period of service recognised by the council as continuous service) as if it were continuous service with HPA.

(3) This section overrides Part 6A of the Employment Relations Act 2000.

(1) This section limits which employees may be bound by a collective agreement that binds the chief executive of the Alcohol Advisory Council or of the Health Sponsorship Council before a transfer of functions from those councils to HPA and that, as a consequence of section 17, binds the chief executive of HPA after that transfer of functions.

(2) After that transfer of functions, the only employees of HPA who are entitled to be bound by or enforce the collective agreement are those employees who are appointed to a position in HPA that has been established (whether or not previously existing in any of those councils) to enable HPA to perform the transferred functions.

(3) Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.

(4) This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under sections 56(1), 57, 62(3), 63(3), and 243 of the Employment Relations Act 2000.

(5) This section does not apply to a collective agreement to the extent that the parties agree otherwise.

(1) Any employee of the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health who, immediately before becoming an employee of HPA, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the Government service so long as he or she continues to be an employee of HPA.

(2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person's service as an employee of HPA were Government service.

(3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.

(4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of HPA is the controlling authority.

If an enactment or other thing refers to the Alcohol Advisory Council or the Health Sponsorship Council and that reference is no longer appropriate because the council referred to has been disestablished, the reference must be read as a reference to HPA.

If an enactment or other thing refers to a chief executive of the Alcohol Advisory Council or of the Health Sponsorship Council and that reference is no longer appropriate because the council referred to has been disestablished, the reference must be read as a reference to the chief executive of HPA.

(1) Sections 23 and 24—

• (a) apply to things that are in force or existing at the time of the disestablishment of the council (whether coming into force, entered into, or created before or after the commencement of this section); and

• (b) apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.

(2) An Order in Council made under section 35 may apply sections 23 and 24 to things also coming into force, entered into, or created during a transitional period after the disestablishment of the council that is specified in the order.

(3) Sections 23 and 24—

• (a) apply to collective employment agreements; but

• (b) do not apply to individual employment agreements.

The Acts specified in Schedule 3 are amended in the manner indicated in that schedule.

On the commencement of this section, the Crown Health Financing Agency is disestablished.

On and from the commencement of this section,—

• (a) all real and personal property of the Crown Health Financing Agency (the Agency) vests in the Crown free of all trusts; and

• (b) all rights of the Agency vest in the Crown; and

• (c) all money payable to the Agency is payable to the Crown; and

• (d) all liabilities of the Agency vest in the Crown; and

• (e) all proceedings pending by or against the Agency may be continued, completed, or enforced by or against the Crown.

To avoid doubt, anything transferred to the Crown by section 28 is not—

• (a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:

• (b) a supply of goods and services for the purposes of the Goods and Services Tax Act 1985:

• (c) a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax Act 2007.

No member of the Crown Health Financing Agency is entitled to compensation for loss of office resulting from the disestablishment of the Agency.

(1) An employee is not entitled to receive any payment or other benefit on the ground that his or her position in the Crown Health Financing Agency has ceased to exist if—

• (a) the position ceases to exist as a result of a transfer of functions from the Agency to a department; and

• (b) in connection with that transfer of functions,—

  • (i) the employee is offered equivalent employment in the department (whether or not the employee accepts the offer); or

  • (ii) the employee is offered, and accepts, other employment in the department.

(2) In this section, equivalent employment to the employee's employment in the Crown Health Financing Agency is employment in the department—

• (a) in substantially the same position; and

• (b) in the same general locality; and

• (c) on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and

• (d) on terms that treat the period of service with the Agency (and any other period of service recognised by the Agency as continuous service) as if it were continuous service with the department.

(3) This section overrides Part 6A of the Employment Relations Act 2000.

(1) This section limits which employees may be bound by a collective agreement that bind the chief executive of the Crown Health Financing Agency before a transfer of functions from the Agency to a department and that, as a consequence of section 28, binds the chief executive of the department after that transfer of functions.

(2) After that transfer of functions, the only employees of the department who are entitled to be bound by or enforce the collective agreement are those employees who are appointed to a position in the department that has been established (whether or not previously existing in the Agency) to enable the department to perform the transferred functions.

(3) Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.

(4) This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under sections 56(1), 57, 62(3), 63(3), and 243 of the Employment Relations Act 2000.

(5) This section does not apply to a collective agreement to the extent that the parties agree otherwise.

(1) Any employee of the Crown Health Financing Agency who, immediately before becoming an employee of a department, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the Government service so long as he or she continues to be an employee of the department.

(2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person's service as an employee of the Agency were Government service.

(3) Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.

(4) For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of the department is the controlling authority.

The Acts specified in Schedule 4 are amended in the manner indicated in that schedule.

The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment of an entity under this Part, including the transfer of functions formerly carried out by the entity.