Health Reforms (Transfer of Assets and Liabilities of Health Benefits Limited) Order 2000

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Reprint
as at 21 December 2000

Crest

Health Reforms (Transfer of Assets and Liabilities of Health Benefits Limited) Order 2000

(SR 2000/279)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 18th day of December 2000

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Ministry of Health.


Pursuant to section 5 of the Health Reforms (Transitional Provisions) Act 1993 and section 14 of the Health Sector (Transfers) Amendment Act 2000, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Finance and the Minister of Health, makes the following order.

Order

1 Title
  • This order is the Health Reforms (Transfer of Assets and Liabilities of Health Benefits Limited) Order 2000.

2 Commencement
  • This order comes into force on 1 January 2001.

3 Interpretation
  • In this order, unless the context otherwise requires,—

    proposal means the proposal set out in the Schedule

    transferee means the Crown (acting through the Ministry of Health)

    transferor means Health Benefits Limited.

4 Proposal approved
  • The proposal is approved.

5 Date on which proposal takes effect
  • The proposal takes effect on 1 January 2001.

6 Provisions facilitating transfer of assets and liabilities
  • (1) It is declared that on and from 1 January 2001—

    • (a) every reference to the transferor in all regulations, orders, notices, and documents is deemed to be a reference to the transferee; and

    • (b) the transferee assumes the rights and obligations of the transferor in respect of applications for rights, objections, or proceedings before any court, authority, or other person; and

    • (c) this order is deemed to be notice to all persons, and specific notice need not be given to any authority or other person.

    (2) The Registrar of Companies is directed to register the declaration referred to in subclause (1) in respect of Health Benefits Limited.


Schedule
Proposal for transfer of assets and liabilities from Health Benefits Limited to the Crown (acting through the Ministry of Health)

cls 3, 4, 5

1 Background
  • This proposal has been prepared in accordance with section 5 of the Health Reforms (Transitional Provisions) Act 1993 for the purpose of transferring all of the assets and liabilities of Health Benefits Limited to the Crown (acting through the Ministry of Health).

2 Transferor
  • The transferor is Health Benefits Limited.

3 Transferee
  • The transferee is the Crown (acting through the Ministry of Health).

4 Description of assets to be transferred
  • The assets to be transferred to the transferee are all the assets for the time being of the transferor.

5 Description of liabilities to be transferred
  • The liabilities to be transferred to the transferee are all the liabilities for the time being of the transferor.

6 Values attributed to assets and liabilities for purposes of transfer
  • (1) The value attributed to the assets to be transferred is $13,590,000.

    (2) The value attributed to the liabilities to be transferred is $5,973,000.

7 Transfer of assets without consideration
  • The transferor is to transfer the assets referred to in clause 4 without receiving any asset in return.

8 Transfer of liabilities for consideration only of transfer of assets
  • The transferee is to incur the liabilities referred to in clause 5 for consideration only of receiving the assets referred to in clause 4.

9 Transfer date
  • The transfer date is 1 January 2001.

10 Date and execution
  • This proposal is dated 15 December 2000 and is signed by the transferring Ministers, Annette King, Minister of Health, and Dr Michael Cullen, Minister of Finance.

ANNETTE KING, Minister of Health
DR MICHAEL CULLEN, Minister of Finance


Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 January 2001, approves a proposal that has been prepared in accordance with section 5 of the Health Reforms (Transitional Provisions) Act 1993. The proposal transfers all of the assets and liabilities of Health Benefits Limited to the Crown (acting through the Ministry of Health).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 December 2000.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Health Reforms (Transfer of Assets and Liabilities of Health Benefits Limited) Order 2000. The reprint incorporates all the amendments to the order as at 21 December 2000, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)