Health Sector Transfers (Provider Arrangements) Order 2002

Reprint
as at 14 June 2002

Crest

Health Sector Transfers (Provider Arrangements) Order 2002

(SR 2002/151)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 10th day of June 2002

Present:
Her 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 Sector (Transfers) Act 1993, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title

  • This order is the Health Sector Transfers (Provider Arrangements) Order 2002.

2 Commencement

  • This order comes into force on 1 July 2002.

3 Interpretation

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

    proposal means the proposal set out in the Schedule

    relevant transferee, in relation to any assets or liabilities, means the DHB to which those assets or liabilities are transferred by this order

    supplier, in relation to a relevant transferee, means a supplier of services that relate to assets or liabilities transferred to the transferee by this order

    transferor means the Crown (acting through the Ministry of Health).

4 Proposal approved

  • The proposal is approved.

5 Date on which proposal takes effect

  • The proposal takes effect on 1 July 2002.

6 Provisions facilitating transfer of assets and liabilities

  • It is declared that, on and from 1 July 2002,—

    • (a) every reference to the transferor in any specified agreement (as that term is defined in the proposal) and in any related document is deemed to be a reference to the relevant transferee; and

    • (b) each relevant transferee assumes, in relation to assets or liabilities transferred to the transferee by this order, 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) each relevant transferee has the obligation to advise each supplier of the address of the office to which invoices must be sent for processing; and

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

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

cl 3

1 Background

  • This proposal has been prepared in accordance with section 5 of the Health Sector (Transfers) Act 1993 for the purpose of transferring certain assets and liabilities of the Crown (acting through the Ministry of Health) to DHBs.

2 Interpretation

  • In this proposal, unless the context requires otherwise,—

    assigned number means the number by which a document held in the Ministry of Health's database of provider contracts is identified in that database

    specified agreement means an agreement for the supply of services that is evidenced by, or referred to in, a document identified in the Appendix to this proposal.

3 Transferor

  • The transferor is the Crown (acting through the Ministry of Health).

4 Transferees

  • The relevant transferee, in relation to any specified agreement, is the DHB whose name appears above the table in the Appendix to this proposal that refers to a document that evidences or refers to the agreement.

5 Description of assets and liabilities to be transferred

  • (1) The assets and liabilities to be transferred are the rights, liabilities, and obligations of the transferor under every specified agreement.

    (2) However, the liabilities referred to in subclause (1) do not include the transferor's liabilities to pay for services provided before 1 July 2002.

6 Values attributed for purposes of transfer to assets and liabilities to be transferred

  • (1) The value attributed to the assets to be transferred is nil as at 30 June 2002.

    (2) The value attributed to the liabilities to be transferred is nil as at 30 June 2002.

7 Transfer of assets without consideration

  • The assets referred to in clause 5 of this proposal are transferred without the transferor receiving any asset in return.

8 Transfer of liabilities for consideration only of transfer of assets

  • Each transferee is to incur the liabilities referred to in clause 5 of this proposal for consideration only of receiving the assets referred to in that clause.

9 Transfer date

  • The transfer date is 1 July 2002.

10 Date and execution

  • This proposal is dated 7 May 2002 and is signed by the transferring Ministers, Michael John Cullen, Minister of Finance, and Annette Faye King, Minister of Health.

     
    Michael John Cullen, Minister of Finance.
     
    Annette Faye King, Minister of Health.

Schedule 1
Documents that evidence, or refer to, specified agreements transferred from the Crown (acting through the Ministry of Health)

cl 2

Assigned number Name of supplier Name of document
Auckland DHB  
151430-07 Haemophilia Foundation of New Zealand Incorporated Haemophilia Support Services
166219-02 Kidney Kids of NZ Support Group Incorporated Kidney Kids Support Services
178837-02 The Leukaemia and Blood Foundation of New Zealand National Marrow Donor Maintenance Management Operation
218397-02 The Salvation Army Property (New Zealand) Trust Board Alcohol and Drug Services for Adults
252021-00 Piritahi Hau Ora Trust Primary Health Care & Community Services
252051-00 Te Kaha O Te Rangatahi Whanau O Tamaki Makaurau Charitable Trust Rangatahi Sexual Health Services
Bay of Plenty DHB  
142513-04 Tauranga Help Foundation Incorporated Health Promotion/Child Abuse Prevention Services
148665-04 Lexham Park Limited Primary Care Inpatient Services
224857-01 Poutiri Trust Limited Koroua and Kuia Early Intervention Services
239399-02 PrimeHealth Limited School Based Health Clinics
243301-03 Te Ha O Te Whanau Trust Travel Assistance
251517-00 Te Runanga O Te Whanau Charitable Trust Whanau Ora—Maori Community Health Services
Canterbury DHB  
142719-02 Papanui Medical Centre Limited Primary Care Services
160918-01 Hurunui-Kaikoura Rural Health Limited GPs, District Nursing and Associated Services
189481-03 He Oranga Pounamu Charitable Trust Maori Workforce Development
225177-01 STOP Trust Whanau Worker and Kaiwhakahaere
241064-01 He Oranga Pounamu Charitable Trust Maori Primary Health Services
251494-01 He Oranga Pounamu Charitable Trust Maori Health Development
251532-00 He Oranga Pounamu Charitable Trust Service Coordination Services
253027-00 Pantra Enterprises Limited Individual Agreement
263439-00 Nurse Maude Foundation Home Support Tender & Linen Services
263441-00 Healthcare of New Zealand Limited Community Nursing and Home Support Services
263446-00 Selwyn Rural Health Group Limited Health Services
Capital & Coast DHB  
252250-00 Te Runanga o Toa Rangatira Incorporated Waka Ama Programme
252868-00 Royal NZ Foundation for the Blind Voice Glucose Meters
Counties Manukau DHB  
155770-03 Family Life Education Pasefika Services Trust Reproductive and Sexual Health Clinical Service
167418-03 South Auckland Vision Project Trust South Auckland Children's Vision Screening Pilot
Hawkes Bay DHB  
168758-03 Federation of NZ Ostomy Societies Incorporated Community Domiciliary Care
249666-01 Havelock North Dental Services Limited Dental Benefits
252493-00 Platform Incorporated Ongoing Development of a Nga Oranga O Te Rae Pilot
256049-00 Platform Incorporated Evaluation and Development of a Policies and Practices Manual for the Nga Oranga O Te Rae Pilot
Hutt Valley DHB  
217837-02 Care NZ Limited Alcohol and Drug Services for Adults
251535-01 Blueprint Trust Board Mental Health Workforce Development in Central Region
Lakes DHB  
250527-02 Barbara Forbes trading as Taupo Transport Group Transport Services
255597-00 Contact Trust Consumer Advisory Group Development
256127-00 Te Aroha o Hinemaru Trust Mental Health Community Residential Services
MidCentral DHB  
252227-00 Te Whanau Manaaki o Manawatu Trust Whanau Support/Intervention Programme
Northland DHB  
251004-00 Kia Ora Ngatiwai Trust Maori Primary Health Services
251602-00 David Murray Stallworthy Oral Health Services
256031-00 Te Runanga O Te Rarawa Incorporated Tuturu Tangata Services
256129-00 Te Hauora o Te Hiku o te Ika Trust Kaupapa Maori Medical Support Services
257350-00 Broadway Health Management Limited trading as Broadway House Health Centre Diabetes Education Services
257356-00 First Health Limited Diabetes Education Services
257359-00 Whakawhiti Ora Pai Society Incorporated Primary Care Services
Otago DHB  
213397-02 Otago Youth Wellness Trust Maori Nurse Hauora Service
Tairawhiti DHB  
229257-01 Ngati Porou Hauora Incorporated Primary Health Services
232957-00 Ngati Porou Hauora Incorporated Primary Health Services - Head Agreement
250597-01 Ngati Porou Hauora Incorporated School Based Health Clinics
254486-00 Te Hauora O Turanganui A Kiwa Limited Dental and School Based Health Services
Taranaki DHB  
145470-04 Tui Ora Limited Pregnancy and Parenting Education
Waikato DHB  
141701-00 Taumaranui Midwives Incorporated Maternity Facilities Service
227617-01 Te Korowai Hauora o Hauraki Charitable Trust Mental Health Service - Implementation Plan Phase  1
251515-00 Nga Miro Charitable Trust Koroua and Kuia Support Services
251518-00 Piako Community Whanau Trust Maori Health Development
251618-00 Tokoroa Community Hospice Trust Hospice Services
251689-00 Taumarunui Community Kokiri Trust Koroua and Kuia Support Services
253129-00 Odyssey House Trust Residential Treatment Drug and Alcohol Services
255594-00 Linkage Trust Mental Health Primary Secondary Relationship Services
255692-00 New Progress Enterprises Charitable Trust Mental Health Support Services
257293-00 The Salvation Army Property (New Zealand) Trust Board Home Based Support Service for People with Mental Illness
Waitemata DHB  
154875-05 New Zealand National Eye Bank Trust National Eye Bank
158210-05 New Zealand Continence Association Incorporated Education Awareness Services
166206-04 Wellsford Medical Services Limited Home Help Services for Post-Maternity Women
243561-02 West Auckland Pacific Island Health Fono Incorporated Child and Youth Services
244068-02 Wellsford Medical Services Limited Birthing Unit
253266-00 Harbourside Group Holdings Limited Mental Health and Psychogeriatric Services
254586-00 Helensville Birthing Centre Limited Maternity Facilities Service
West Coast DHB  
198357-01 Maori Womens Welfare League Incorporated Maori Advisory Services
228057-01 Royal NZ Plunket Society Incorporated and Maori Women's Welfare League Incorporated (Joint Venture) Facilitation (0-5 yrs) Services

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 July 2002, approves a proposal that has been prepared in accordance with section 5 of the Health Sector (Transfers) Act 1993. The effect of the order is to transfer to District Health Boards the rights and obligations of the Crown (acting through the Ministry of Health) under certain arrangements with providers of health services. However, the Crown (acting through the Ministry of Health) remains liable to pay for services provided, before 1 July 2002, under those arrangements.

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

Date of notification in Gazette: 13 June 2002.

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 Sector Transfers (Provider Arrangements) Order 2002. The reprint incorporates all the amendments to the order as at 14 June 2002, 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)