Health Sector Transfers (Christchurch Hospital Hagley Facility) Order 2020

  • Corrections have been made to the Schedule on 10 September 2020 under section 25(1)(j)(i) of the Legislation Act 2012.

2020/178

Coat of Arms of New Zealand

Health Sector Transfers (Christchurch Hospital Hagley Facility) Order 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 3rd day of August 2020

Present:
The Right Hon Jacinda Ardern presiding in Council

This order is made under section 5 of the Health Sector (Transfers) Act 1993—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Finance and the Minister of Health.

Order

1 Title

This order is the Health Sector Transfers (Christchurch Hospital Hagley Facility) Order 2020.

2 Commencement

This order comes into force on 1 November 2020.

3 Interpretation

In this order,—

assigned number, in relation a contract, means the number by which the contract is identified in the Ministry of Health’s database of contracts

contract includes all variations of the contract that are in force on 1 November 2020

facility means the Christchurch Hospital Hagley Facility (including the Hagley building, the emergency services entrance, the link bridge, and the tunnel works)

proposal means the proposal set out in the Schedule, and includes the appendix.

4 Approval of proposal

The proposal is approved.

5 Date on which proposal takes effect

The proposal takes effect on 1 November 2020.

Schedule Proposal

cl 3

1 Background

This proposal has been prepared in accordance with section 5 of the Act for the purpose of transferring the Christchurch Hospital Hagley Facility from the Crown to Canterbury DHB. The facility has been constructed pursuant to contracts entered into between the Crown and third parties, on land owned by Canterbury DHB, and belongs to the Crown by agreement with Canterbury DHB.

2 Transferor

The transferor is the Crown, acting through the Ministry of Health.

3 Transferee

The transferee is Canterbury DHB.

4 Description of assets to be transferred

The assets to be transferred are—

(a)

the facility, including all furniture, fittings, and equipment of the facility; and

(b)

all rights of the transferor under each contract specified in the appendix to the extent that the contract relates to the facility.

5 Description of liabilities to be transferred

The liabilities to be transferred to the transferee are all the liabilities (including obligations) of the transferor arising in respect of the assets described in clause 4, but excluding any contractual liabilities arising under any contract that is not specified in the appendix.

6 Values attributed to assets and liabilities for purpose of transfer

For the purpose of the transfer,—

(a)

the value attributed to the assets to be transferred is $549,800,000.00 as at the transfer date; and

(b)

the value attributed to the liabilities to be transferred is nil as at the transfer date.

7 Transfer of assets for consideration

The consideration for the transfer is the value of the assets being transferred.

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 described in clause 4.

9 Transfer date

The transfer date is 1 November 2020.

10 Delegations

The transferring Ministers are jointly authorised, in accordance with clause 16 of Schedule 1 of the Act, to—

(a)

take any action or make any decision on behalf of the Crown to give effect to the proposal; and

(b)

appoint the Chief Financial Officer of the Ministry of Health to act as their agent in taking any action or making any decision on behalf of the Crown to give effect to the proposal.

11 Date and execution

This proposal is dated 17th July 2020 and is signed by the transferring Ministers, Grant Murray Robertson, Minister of Finance, and Christopher John Hipkins, Minister of Health.

Appendix

Contracts between transferor and third parties
Assigned numberName of third partyService providedAgreement date
BC001Resource Co-ordination Partnership LimitedProgramme director15 March 2013
BC003Helena May BerardFurniture, fixtures, and equipment (FF&E) management services2 December 2013
BC007Minale Tattersfield Design Pty LimitedWayfinder consultant services14 January 2014
BC008Evaluate Consulting LimitedInformation and communication technology (ICT) technology implementation plan4 April 2014
BC010Fox & Associates LimitedSurveying services28 January 2014
BC014Urbis TPD LimitedPlanning and traffic engineering services28 January 2014
BW013Lucas Safety LimitedProject safety advisory services16 December 2013
CH008Octa Associates LimitedEngineer to the contract11 November 2013
CH010Arbor Vitae LimitedArborist consultancy services28 January 2014
CH011Shipleys Audiovisual LimitedCamera survey (usage of current loading docks)28 January 2014
CH012Woods Harris Consulting LimitedProgramming services 25 July 2013
CH014Marshall Day Acoustics LimitedAcoustic engineering services 19 September 2013
CH022Connetics LimitedEnabling high-voltage (HV) electrical work19 August 2014
CH024Schick Civil Construction LimitedSite enabling and bulk earthworks1 October 2014
CH026Accreditation LimitedHazardous substances and new organisms (HSNO) consultant14 July 2014
CH030A.C.E.P.T. Pty LimitedSpecialist magnetic resonance imaging (MRI) consultant22 July 2014
CH032Ceres New Zealand, LLCOral Health Centre demolition4 November 2014
CH034Robinson Seismic LimitedBase isolators16 December 2014
CH035Schindler Lifts NZ LtdVertical transportation package9 March 2015
CH036The Fletcher Construction Company LimitedFoundations work contract14 August 2015
CH037Aluminium Offshore Pty Ltd ASB rooftop helipad package21 August 2015
CH052Warren and Mahoney Architects LimitedBuilding information management (BIM) plan23 April 2015
CH077Underground Overground Archaeology LimitedArchaeology compliance work15 January 2016
CH093Acoustic Engineering Services LimitedValue management option reduction noise attenuation spec of the generator housing contains—impact of reduction13 May 2016
CH099Environmental and Industrial Analysis Group LimitedAsbestos survey of Clinical Services Building (CSB) 30 August 2016
CH123Wilson & Crowhurst Limited (trading as Decor People)Blinds and curtains19 November 2017
CH126Lewis Print Services Limited (trading as Images Unlimited Group)Supply and install signage (including related equipment/goods/services)– –ASB15 August 2018
CH127CCM Architects LimitedDesign services8 August 2018
CH130Solid Concrete Solutions LimitedIndependent determination pre-cast panels10 August 2017
CH131Gallagher Bassett NZ LimitedMould testing22 August 2017
CH134Dominion Constructors LimitedBuilding contractor for bridge link22 December 2017
CH138Opus International Consultants LimitedStructural and civil engineers21 December 2017
CH139Lautrec Facade Design LimitedIndependent façade engineering consultant19 January 2018
CH146Gallagher Bassett NZ LimitedMould testing of insulation aerial9 March 2018
CH151TL Parker LimitedAntenna and radio receiver for ED department20 March 2018
CH154Dominion Constructors LimitedMain contractor7 March 2019
CH155Barrier Free New Zealand TrustAccessibility assessment and report24 April 2018
CH156Urbis TPD LimitedPlanning and traffic engineering services1 July 2018
CH160Compliance and Certification Management LimitedHSNO certification 28 September 2018
CH162Gallagher Bassett NZ LtdMould testing of curtain wall seals4 October 2018
CH163Underground Overground Archaeology LimitedArchaeological works 11 October 2018
CH088ADominion Constructors LimitedServices tunnel infrastructure works25 June 2017
CH103David Browne Contractors LimitedTemporary infrastructure works 31 March 2017
CH104Lyttelton Engineering LimitedTemp infrastructure works—Energy Centre23 March 2017
CH172Urbis TPD LimitedTraffic management for ASB entranceway22 May 2019
CH173Citycare Civil Limited (owned by Christchurch City Holding Limited)Road marking work21 August 2019
CH178CCJS Limited Post practical completion works—general building works 13 September 2019
CH179KME Services NZ Pty Limited Post practical completion works—electrical, security, data 13 September 2019
CH182Endfire Engineering Pty Ltd Post practical completion works—passive fire protection 13 September 2019
CH185Pacific Door Systems Limited Christchurch Acute door changes post contract1 November 2019

Michael Webster,
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 comes into force on 1 November 2020. The order transfers from the Crown to Canterbury DHB the newly constructed Christchurch Hospital Hagley Facility and the rights and obligations of the Crown under specified third-party contracts (to the extent that those contracts relate to the facility).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 6 August 2020.

This order is administered by the Ministry of Health.