Health Sector Transfers (West Otago Health Trust) Order 2004

  • revoked
  • Health Sector Transfers (West Otago Health Trust) Order 2004: revoked, on 1 July 2022, by section 103(2) of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Version as at 1 July 2022

Coat of Arms of New Zealand

Health Sector Transfers (West Otago Health Trust) Order 2004

(SR 2004/16)

Health Sector Transfers (West Otago Health Trust) Order 2004: revoked, on 1 July 2022, by section 103(2) of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 23rd day of February 2004

Present:
Her Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry of Health.

Pursuant to sections 2(6) and 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 (West Otago Health Trust) Order 2004.

2 Commencement

This order comes into force on 28 February 2004.

3 West Otago Health Trust to be transferee

West Otago Health Trust, a trust board registered under the Charitable Trusts Act 1957, is declared to be a transferee for the purposes of the Health Sector (Transfers) Act 1993.

4 Approval of proposal

The proposal set out in the Schedule is approved.

5 Date on which proposal takes effect

The proposal set out in the Schedule takes effect on 28 February 2004.

6 Provisions facilitating transfer of assets

It is declared that, on and from 28 February 2004,—

(a)

every reference to Otago DHB (a district health board established by the New Zealand Public Health and Disability Act 2000) in any notice or document (other than an enactment) that relates to the assets transferred by this order is deemed to be a reference to West Otago Health Trust; and

(b)

West Otago Health Trust assumes any rights and obligations of Otago DHB under applications, objections, or proceedings that—

(i)

relate to the assets transferred by this order; and

(ii)

are pending on 28 February 2004 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.

Schedule Proposal for transfer of assets

cl 4

1 Background

This proposal, which is agreed to by West Otago Health Trust, has been prepared in accordance with section 5 of the Health Sector (Transfers) Act 1993 to transfer certain properties in Tapanui from Otago DHB to West Otago Health Trust. The properties are intended to be used for the delivery of community health services.

2 Transferor

The transferor is Otago DHB.

3 Transferee

The transferee is West Otago Health Trust.

4 Description of assets to be transferred

The assets to be transferred are the following properties:

(a)

all that parcel of land in the Otago Land Registration District containing an area of approximately 2023 square metres, being Section 71, Block XIII Glenkenich Survey District, and being all the land comprised and described in Computer Freehold Register OT316/32:

(b)

all that parcel of land in the Otago Land Registration District containing approximately 152 square metres, being Section 1062R, Block XIII, Glenkenich Survey District, and being all the land comprised and described in Computer Freehold Register OT171/49:

(c)

all that parcel of land in the Otago Land Registration District containing approximately 2.0083 hectares, being Part Section 62, Block VIII, Glenkenich Survey District, and being all the land comprised and described in Computer Freehold Register OT164/135.

5 Value attributed to assets for purposes of transfer

For the purposes of the transfer, the value attributed to the assets described in clause 4 is nil as at 28 February 2004.

6 Transfer of assets without consideration

The assets referred to in clause 4 are transferred without the transferor receiving any asset in return.

7 Transfer date

The transfer date is 28 February 2004.

8 Execution of proposal

This proposal is dated 9 February 2004 and is signed by the transferring Ministers, Annette Faye King, Minister of Health, and Michael John Cullen, Minister of Finance.

Annette King,
Minister of Health.

Michael Cullen,
Minister of Finance.

Rebecca Kitteridge,
Acting for 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 28 February 2004,—

  • gives West Otago Health Trust the status of a transferee under the Health Sector (Transfers) Act 1993; and

  • transfers 3 properties that made up the Tapanui hospital, an associated doctor’s house, and surrounding area from Otago DHB to West Otago Health Trust.

The 3 properties are—

  • classified as reserve land under the Reserves Act 1977 and as a result of this order become a health sector reserve (see section 11E of the Health Sector (Transfers) Act 1993); and

  • intended to be used for the delivery of community health services.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 26 February 2004.

Notes
1 General

This is a consolidation of the Health Sector Transfers (West Otago Health Trust) Order 2004 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Pae Ora (Healthy Futures) Act 2022 (2022 No 30): section 103(2)