Health and Disability Services Amendment Act 1998
Health and Disability Services Amendment Act 1998
Health and Disability Services Amendment Act 1998
Health and Disability Services Amendment Act 1998
Public Act |
1998 No 74 |
|
Date of assent |
30 June 1998 |
|
Contents
An Act—
(a)
To amend the Health and Disability Services Act 1993 to—
(i)
Provide for the performance of functions formerly performed by regional health authorities by an authority known as the Health Funding Authority; and
(ii)
Redesignate Crown health enterprises as hospital and health services; and
(iii)
Change certain matters relating to the taxation of hospital and health services; and
(b)
To make consequential amendments to various enactments
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Health and Disability Services Amendment Act 1998, and is part of the Health and Disability Services Act 1993 (“the principal Act”
).
(2)
Except as provided in section 4(3), this Act comes into force on the day after the date on which it receives the Royal assent.
2 Replacement of regional health authorities by Health Funding Authority
(1)
The Health Funding Authority continued by section 32 of the principal Act is the body corporate established under that section as in force before the commencement of this section.
(2)
Unless in any case the context otherwise requires, every reference to a regional health authority in any document is, after the commencement of this section, to be read as a reference to the Health Funding Authority.
3 Redesignation of Crown health enterprises as hospital and health services
(1)
A company that has been formed and registered as a Crown health enterprise and is in existence at the commencement of this section is a company of the kind referred to, after the commencement of this section, as a hospital and health service.
(2)
Unless in any case the context otherwise requires, every reference to a Crown health enterprise in any document is, after the commencement of this section, to be read as a reference to a hospital and health service.
(3)
All shares in Crown health enterprises held, before the commencement of this section, by the Minister for Crown Health Enterprises are, after the commencement of this section, held by the responsible Minister.
4 Net losses of hospital and health services
(1)
Despite any provision in the Income Tax Act 1994, a hospital and health service that has a net loss in respect of the 1997/98 income year or any previous income year may not offset that net loss against its net income in the 1998/99 income year or any subsequent income year.
(2)
In this section, unless the context otherwise requires, the terms “net loss”
, “net income”
, and “income year”
have the same meaning as they have in section OB 1 of the Income Tax Act 1994.
(3)
This section comes into force on a date to be appointed by the Governor-General by Order in Council.
5 Enactments amended to redesignate regional health authorities and Crown health enterprises
(1)
The principal Act is amended in the manner indicated in Schedule 1.
(2)
The principal Act is amended by repealing the First Schedule, and substituting the schedule set out in Part 1 of Schedule 2.
(3)
The principal Act is amended by repealing the Second Schedule, and substituting the schedule set out in Part 2 of Schedule 2.
(4)
The Acts specified in Part 1 of Schedule 3 are amended in the manner indicated in that Part.
(5)
The regulations specified in Part 2 of Schedule 3 are amended in the manner indicated in that Part.
(6)
The regulations specified in Part 2 of Schedule 3 may be amended or revoked as if the amendments specified in that Part had been effected by regulations.
(7)
The following enactments are consequentially repealed:
(a)
Section 15 of the Accident Rehabilitation and Compensation Insurance Amendment Act 1993:
(b)
Sections 10 to 12 of the Health and Disability Services Amendment Act 1995.
(8)
The following regulations are consequentially revoked:
(a)
Regulation 6 of the Accident Compensation (Dental Specialists Costs) Regulations (No. 2) 1990, Amendment No. 2 (S.R. 1993/200):
(b)
Regulation 4 of the Accident Compensation (Dentists Costs) Regulations (No. 2) 1990, Amendment No. 2 (S.R. 1993/201):
(c)
Regulation 5 of the Accident Compensation (Anaesthetists Costs) Regulations 1990, Amendment No. 3 (S.R. 1996/293):
(d)
Regulation 4 of the Accident Compensation (Audiologists Costs) Regulations 1990, Amendment No. 3 (s.R. 1996/294):
(e)
Regulation 5 of the Accident Rehabilitation and Compensation Insurance (Counselling Costs) Regulations 1992, Amendment No. 4 (S.R. 1996/295):
(f)
Regulation 4 of the Accident Rehabilitation and Compensation Insurance (General Practitioners Costs) Regulations 1993, Amendment No. 1 (S.R. 1996/297):
(g)
Regulation 5 of the Accident Compensation (Radiologists Costs) Regulations 1990, Amendment No. 3 (S.R. 1996/302):
(h)
Regulation 4 of the Accident Compensation (Referred Treatments Costs) Regulations 1990, Amendment No. 5 (S.R. 1996/303):
(i)
Regulation 5 of the Accident Compensation (Specialists Costs) Regulations (No. 2) 1990, Amendment No. 3 (S.R. 1996/307).
SCHEDULES
Schedule 1 Amendments to Principal Act
Section 5(1)
| Provision Amended | Amendment |
|---|---|
| Section 2 | By repealing the definition of the term “‘Board’, in relation to the Health Funding Authority or a hospital and health service, means the board of directors of the Authority or that service:”. |
By repealing the definitions of the terms “‘Director’, in relation to the Health Funding Authority or a hospital and health service, means a director of the Authority or that service:”. | |
By inserting, after the definition of the term “‘Funder’ has the meaning given to it by section 20:”. | |
By inserting, after the definition of the term “‘Health Funding Authority’ and ‘Authority’ mean the body corporate continued by section 32:”. | |
By inserting, after the definition of the term “‘Hospital and health service’ and ‘service’ mean a company formed and registered by the shareholding Ministers in accordance with section 37 as from time to time in force since the commencement of this Act:”. | |
By repealing the definition of the term “Minister for Crown Health Enterprises”. | |
By repealing the definitions of the terms “purchase agreement”and “purchaser”. | |
By repealing the definitions of the terms “‘Responsible Minister’ means the Minister of Health, or other Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for hospital and health services: “‘Rules’ means, in relation to a hospital and health service, the constitution of that service: “‘Service agreement’ has the meaning given to it by section 22:”. | |
By omitting from the definition of the term “shareholding Ministers”the words “Minister for Crown Health Enterprises”, and substituting the words “responsible Minister”. | |
| Section 5 | By repealing this section, and substituting the following section: “5 Structure“(l) This Act establishes, or provides for the establishment of,— “(a)A national advisory committee (to be known as the National Advisory Committee on Health and Disability) to advise the Minister on— “(i)The kinds, and relative priorities, of public health services, personal health services, and disability services that should, in the committee’s opinion, be publicly funded; and “(ii)Other matters relating to public health; and “(iii)Any other matters the Minister specifies; and “(b)A national advisory committee on ethics relating to health services and disability services; and “(c)The Health Funding Authority, which is a funder within the meaning of this Act; and “(d)Hospital and health services. “(2) This Act— “(a)Provides for the Crown and funders to enter into funding agreements within the meaning or section 21; and “(b)Provides for funders and persons (including hospital and health services) who provide, or arrange the provision of, services to enter into service agreements within the meaning of section 22.” |
| Section 8 | By repealing subsection (1), and substituting the following subsection: “(l) Before entering into a funding agreement with a funder (other than a funding agreement that relates solely to public health services), the Minister must give the funder written notice of the Crown’s objectives in relation to the following matters: “(a)The health status of the communities served by the funder: “(b)The health outcomes sought to be attained for the communities served by the funder: “(c)The health services or disability services, or both, to be funded by the funder: “(d)The terms of access to those services; and the assessment and review procedures to be used in determining access to those services or such of those services as are specified in the notice: “(e)The standard of those services: “(f)The special needs of Maori and other particular communities or people for those services.” |
By omitting from subsections (2), (2a), and (3) to (5) the word “purchaser”wherever it occurs, and substituting in each case the word “funder”. | |
| Sections 10 to 12 | By repealing these sections, and substituting the following sections: “10 Objectives of Health Funding Authority“(l) The Health Funding Authority has the following objectives in carrying out its functions: “(a)To promote the personal health of people; and “(b)To promote care or support for those in need of personal health services or disability services; and “(c)To promote the independence of people with disabilities; and “(d)To improve, promote, and protect public health; and “(e)To meet the Crown’s objectives notified to it under section 8. “(2) The Health Funding Authority must pursue its objectives in accordance with, and to the extent enabled by, its funding agreement. “11 Objectives of hospital and health services“(l) The principal objective of every hospital and health service is— “(a)To provide a range of health services or disability services, or both, to improve health outcomes and to enhance the health status of the people it serves; and “(b)To assist in meeting the Crown’s objectives under section 8 by providing such services in accordance with its statement of intent and its service agreement with the Health Funding Authority and any other agreement for the provision of services. “(2) Every hospital and health service must meet its principal objective while operating— “(a)In a businesslike and effective manner; and “(b)On a not-for-profit basis. “(3) Without limiting subsection (1) or subsection (2), every hospital and health service has the following objectives: “(a)To exhibit a sense of social responsibility by having regard to the interests of the community in which it operates: “(b)To uphold the ethical and quality standards generally expected of providers of health services or disability services, or both, as the case may be: “(c)To be a good employer. “(4) For the purposes of this section, a hospital and health service operates on a not-for-profit basis if its annual net income covers all its annual costs (including the cost of capital). “(5) Subsection (2)(b) does not affect any obligation of a hospital and health service to pay— “(a)Income tax under the Income Tax Act 1994; or “(b)Specified health payments within the meaning of section OB 1 of that Act. “12 Responsibility of Minister of Health
The Minister of Health is responsible to the House of Representatives for— “(a)Monitoring the extent to which— “(i)The purpose of this Act has been achieved; and “(ii)The objectives of the Crown and the Health Funding Authority have been achieved; and “(b)The performance and exercise of the functions, duties, and powers given to him or her by this Act. |
| Section 13 | By omitting the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
| Sections 14 to 17 | By repealing these sections, and substituting the following sections: “14 Application of Public Finance Act 1989
The Health Funding Authority and every hospital and health service is a Crown entity for the purposes of the Public Finance Act 1989; and, in particular, the Authority and every service must prepare statements of intent, annual financial statements, and annual reports in accordance with its obligations under that Act. “15 Auditor“(l) The Audit Office is the auditor, under section 23, of the Health Funding Authority. “(2) The Audit Office is the auditor, under section 41, of every hospital and health service, and of every subsidiary of a hospital and health service. “16 Application of Ombudsmen Act 1975
The Ombudsmen Act 1975 applies to the Health Funding Authority and to every hospital and health service. “17 Application of Official Information Act 1982
The Health Funding Authority and every hospital and health service is an organisation within the meaning of section 2(1) of the Official Information Act 1982, and that Act applies accordingly.” |
| Section 18 | By repealing subsection (4), and substituting the following subsection: “(4) The Health Funding Authority must consult, in accordance with section 34, on its intentions relating to the funding of services.” |
| Section 19 | By repealing this section, and substituting the following section: “19 Maintenance of appropriate standards
A funder may fund only those services provided by persons who maintain standards (including ethical standards) that the funder considers appropriate for those services.” |
| Section 20 |
By repealing this section and the heading before it, and substituting the following heading and section: “20 Definition of ‘funder’
In this Act, ‘funder’ means— “(a)The Health Funding Authority; or “(b)Any person that has agreed to be, and that has been declared by the Minister by notice in the Gazette to be, a funder for the purposes of this Act.” |
| Section 21 | By repealing subsection (1), and substituting the following subsection: “(1) In this Act, ‘funding agreement’ means an agreement under which the Crown agrees to provide money to a funder in return for the funder funding, or arranging the funding of, health services or disability services, or both, for people specified in the agreement.” |
| Sections 22 to 26 | By repealing these sections, and substituting the following sections: “22 Service agreements“(l) In this Act, ‘service agreement’ means an agreement under which a funder agrees to provide money to a person in return for the person providing, or arranging the provision of, health services or disability services, or both. “(2) Each funder may from time to time— “(a)Negotiate and enter into service agreements containing terms and conditions that may be agreed; and “(b)Monitor the performance of each service agreement. “(3) Nothing in this section limits any other enactment or rule of law. “(4) The Health Funding Authority may negotiate and enter into service agreements with service providers other than hospital and health services for services being provided by hospital and health services, if such agreements are limited to those assessed to result in improved health outcomes and in no increased fiscal risk to the Crown over a 10 year period. “(5) For the purposes of subsection (4), increased fiscal risk means fiscal risk that is greater than the fiscal risk that would have been incurred if the Health Funding Authority had entered into an agreement for the relevant services with a hospital and health service. “23 Public Finance Act 1989 and audit“(l) Without limiting sections 41c to 41h of the Public Finance Act 1989,— “(a)Every statement of intent of the Health Funding Authority must include, in respect of each financial year to which it relates, the information specified in Schedule 1; and “(b)For the purposes of the Public Finance Act 1989, that information is to be regarded as provisions of a kind referred to in paragraphs (a) to (h) of section 41d(1) of that Act. “(2) For the purposes of the Public Finance Act 1989, the Minister is the responsible Minister in relation to the Health Funding Authority. “(3) The Audit Office is the auditor of the Health Funding Authority, which must pay to the Audit Office for carrying out its duties and functions as auditor fees at any rates prescribed by the Minister of Finance. “24 Statements of intent and annual reports of other funders“(l) Every person declared to be a funder under section 20(b) must deliver to the Minister,— “(a)Not later than the beginning of each financial year of the funder during which it is expected that the funder will 1 receive funds from the Crown, a statement of intent containing the information specified in Part 1 of Schedule 1; and “(b)Within 3 months after the end of each such financial year, a report on its operations during that year, and on the extent to which the intentions expressed in its statement of intent for that year have been achieved. “(2) Within 12 sitting days of receiving a statement of intent or report under this section, the Minister must present a copy to the House of Representatives. “25 Power of Minister to give directions“(l) The Minister may from time to time, by written notice to the Health Funding Authority, give the Authority any directions the Minister considers necessary or expedient in relation to any matter relating to it; and the Authority must comply with every such direction. “(2) No direction given under subsection (1) may require the supply to any person of any information relating to an individual that would enable the identification of the individual. “(3) Before giving any direction under subsection (1), the Minister must consult the Authority on it. “(4) As soon as practicable after giving a notice under subsection (1), the Minister must publish in the Gazette and present to the House of Representatives a copy of the notice. “26 Provision of financial information
The Minister of Finance may from time to time, by written notice, require the Health Funding Authority to supply to that Minister or such other person or class of persons as the Minister specifies, such financial forecasts or other financial information relating to the Authority as the Minister specifies in the notice, and the Authority must comply with the requirement.” |
| Sections 32 to 36 | By repealing these sections and the heading before section 32, and substituting the following heading and sections: “Health Funding Authority“32 Establishment of Health Funding Authority“(l) There continues to be an authority known as the Health Funding Authority. “(2) The Health Funding Authority is a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity. “33 Functions of Health Funding Authority“(l) The Health Funding Authority has the following functions: “(a)To monitor the need for public health services, personal health services, and disability services, of the people of New Zealand: “(b)To fund public health services, personal health services, and disability services, for the people of New Zealand, by means of service agreements or otherwise: “(c)To monitor the performance of service agreements and other arrangements by persons with whom it has entered into such agreements or arrangements: “(d)Any other functions it is for the time being— “(i)Given by or under any enactment; or “(ii)Authorised to perform by the Minister, by written notice to the Authority after consultation with it. “(2) The Minister must, as soon as practicable after giving a notice to the Health Funding Authority under subsection (1)(d)(ii), publish a copy in the Gazette and present a copy to the House of Representatives. “(3) Despite anything in this Act, the Health Funding Authority may, for the purposes of section 29a of the Accident Rehabilitation and Compensation Insurance Act 1992, enter into an agreement or contract or arrangement with the Accident Rehabilitation and Compensation Insurance Corporation in relation to the purchase of goods, services, or facilities for the purposes of the Corporation. “34 Health Funding Authority to consult“(l) The Health Funding Authority must, in accordance with its statement of intent, consult on a regular basis about its intentions relating to the purchase of services such of the following as the Authority considers appropriate: “(a)Individuals and organisations from the communities served by it who receive or provide public health services or personal health services or disability services: “(b)Other persons, including voluntary agencies, private agencies, departments of State, and territorial authorities. “(2) The Health Funding Authority, in assessing the needs of the population and the levels of service to be provided by a hospital and health service, must— “(a)Seek advice from the hospital and health service on— “(i)Those needs and those levels; and “(ii)The contribution that the services to be provided by the hospital and health service are intended to make towards the health outcomes sought for the people served by the hospital and health service; and “(b)Consider that advice before entering into a service agreement under section 22(2) with that hospital and health service. “35 Board of Health Funding Authority“(l) All decisions relating to the operation of the Health Funding Authority must be made by or under the authority of its board in accordance with its statement of intent. “(2) The board of the Health Funding Authority consists of up to 7 directors appointed from time to time by the Minister by notice in the Gazette-, and clauses 2 and 3 of Schedule 2 apply to such appointments. “(3) The directors of the Health Funding Authority must be persons who, in the opinion of the Minister, will assist the Authority to achieve its objectives. “36 Further provisions applying to Health Funding Authority
The provisions set out in Schedule 2 apply in respect of the Health Funding Authority. |
| Heading to Part III | By repealing this heading, and substituting the heading “Hospital and Health Services”. |
| Section 37 | By repealing this section, and substituting the following section: “37 Incorporation of hospital and health services“(l) The shareholding Ministers may, from time to time,— “(a)Form and register under the Companies Act 1993 companies whose rules state that they are hospital and health services for the purposes of this Act; and “(b)Apply for or otherwise acquire shares in such companies on behalf of the Crown. “(2) Any money required to be paid by a shareholding Minister for the purpose of subsection (1) is to be paid out of money appropriated by Parliament for the purpose. “(3) The number of shares held by one shareholding Minister in a hospital and health service must be the same as the number of shares held in that service by the other. “(4) The responsible Minister must present to the House of Representatives the rules of a hospital and health service, and any change to those rules, within 12 sitting days after the date on which the service is formed and registered under the Companies Act 1993, or the date of the change, whichever is applicable.” |
| Section 37a | By omitting the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
| Sections 38 and 39 | By repealing these sections, and substituting the following sections: “38 Shareholding Ministers to hold all voting shares in hospital and health services“(1) No shareholding Minister may— “(a)Sell or otherwise dispose of shares in a hospital and health service held in the Minister’s name; or “(b)Permit shares in a hospital and health service to be allotted to any person other than a shareholding Minister. “(2) Nothing in subsection (1) applies to redeemable preference shares that— “(a)Are not convertible into shares of any other class; and “(b)Do not confer any rights to vote at any general meeting of the hospital and health service. “39 Boards of hospital and health services“(l) All decisions relating to the operation of a hospital and health service must be made by or under the authority of its board in accordance with its statement of intent. “(2) Subsection (1) is subject to any enactment or rule of law or any of the rules of the hospital and health service concerned, to the extent of any inconsistency. “(3) The directors of a hospital and health service must be appointed by the shareholding Ministers in accordance with the rules of the service. “(4) The directors of a hospital and health service must be persons who, in the opinion of the shareholding Ministers, will assist the service to achieve its objectives.” |
| Section 40 | By omitting from subsections (1) and (2) the words “Crown health enterprise”wherever they appear, and substituting in each case the words “hospital and health service”. |
By omitting from subsections (1), (2)(a), and (3)(b) the words “the enterprise”wherever they appear, and substituting in each case the words “the hospital and health service”. | |
By repealing subsection (4), and substituting the following subsection: “(4) As soon as practicable after giving a notice under subsection (1), the responsible Minister must publish a copy in the Gazette and present a copy to the House of Representatives.” | |
| Sections 41 and 42 | By repealing these sections, and substituting the following sections: “41 Audit Office to be auditor of hospital and health services and subsidiaries“(l) Despite sections 196 to 203 of the Companies Act 1993, the Audit Office is the auditor of every hospital and health service, and of every subsidiary of every such service, and for the purposes of that Act has and may exercise the functions, duties, and powers of an auditor appointed under that Act and all such powers as it has under the Public Finance Act 1977 in respect of public money and public stores. “(2) Every hospital and health service must pay to the Audit Office for carrying out its duties and functions under this section fees at such rates as may be prescribed by the Minister of Finance. “(3) Without limiting subsection (1) or subsection (2), a hospital and health service may, after consultation with the Audit Office and if the responsible Minister approves, appoint a person or firm that is qualified for appointment as an auditor of a company to be an additional auditor of the hospital and health service or any of its subsidiaries. “42 Application of Public Finance Act 1989 to hospital and health services“(l) Without limiting sections 41c to 41h of the Public Finance Act 1989,— “(a)Every statement of intent of a hospital and health service must include provisions stating the procedure for any disposal of land transferred to, or vested in, the service under the Health Reforms (Transitional Provisions) Act 1993; and “(b)For the purposes of the Public Finance Act 1989, those provisions are to be taken as provisions of a kind referred to in paragraphs (a) to (h) of section 41d(1) of that Act. “(2) Without limiting section 41i of the Public Finance Act 1989, every annual report of a hospital and health service must contain a summary of those provisions of the personnel policy operated by the hospital and health service that the service considers will assist it in meeting its objective of being a good employer.’ |
| Section 43 | By omitting from subsections (1) and (2) the words “Crown health enterprise”wherever they appear, and substituting in each case the words “hospital and health service”. |
By omitting from subsections (1) and (2) the words “the enterprise”wherever they appear, and substituting in each case the words “the service”. | |
By repealing subsection (3), and substituting the following subsections: “(3) The Governor-General may from time to time, by Order in Council,— “(a)Declare that either or both of subsections (1) and (2) do not apply in respect of any hospital and health service, or any hospital and health service specified in the order; or “(b)Revoke any order made under paragraph (a) and reinstate the application of either or both of those subsections to the hospital and health services or hospital and health service concerned. “(4) Every order under subsection (3) has effect according to its tenor.” | |
| Section 44 | By repealing this section, and substituting the following section: “44 Provisions relating to Ministers’ shareholding“(l) Shares in a hospital and health service held in the name of a person described as the Minister of Finance or the responsible Minister must be held by the person for the time being holding the office of the Minister of Finance or responsible Minister, as the case may be. “(2) Despite any other enactment or rule of law, it is not necessary to complete or register a transfer of shares in a hospital and health service consequent upon a change in the person holding the office of Minister of Finance or responsible Minister, as the case may be. “(3) Each shareholding Minister may exercise all the rights and powers attaching to the shares in a hospital and health service held by that Minister. “(4) A shareholding Minister may at any time or times, by written notice to the secretary of a hospital and health service, authorise (on such terms and conditions as are specified in the notice) such person as the Minister thinks fit to act as the Minister’s representative at any or all of the meetings of shareholders of the service, and any person so authorised is entitled to exercise the same powers on behalf of the Minister as the Minister could exercise if present in person at the meeting or meetings.” |
| Section 45 | By repealing this section. |
| Section 49 | By repealing this section, and substituting the following section: “49 Saving of certain transactions
The validity or enforceability of any deed, agreement, right, or obligation entered into, or incurred by, the Crown or a funder or a hospital and health service is not affected by a failure by the Crown or the funder or the service to comply with— “(a)Any provision of Part I, or of sections 33, 34, 35, 39, and 43; or “(b)Any provision of Schedule 2; or “(c)Any provision in any statement of intent; or “(d)Any direction or requirement given under this Act or any other Act.” |
| Section 50 | By omitting the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
| Section 51(1) | By omitting the words “a regional health authority”, and substituting the words “the Health Funding Authority”. |
By omitting the words “the authority”wherever they occur, and substituting in each case the words “the Authority”. | |
| Section 52(2) | By omitting the expression “purchasers”, and substituting the expression “funders”. |
Schedule 2 NEW SCHEDULES 1 AND 2 OF PRINCIPAL ACT
Section 5(2) and (3)
Part 1 New Schedule 1 of Principal Act
“SCHEDULE 1 Information to be Included in Funders’ Statements of Intent
Sections 23(1)(a), 24(1)(a)
1 Funding Information
1 Crown’s objectives
A description of any social or other objectives of the Crown that have been notified to the funder under section 8.
2 Services to be funded
A summary of the services that the funder intends to fund and the policies of the funder with regard to—
(a)
The persons for whom the services will be funded; and
(b)
The categories of those services; and
(c)
The standards of those services; and
(d)
In the case of services of kinds—
(i)
Where the amounts that could be charged for the provision of the services were, on 30 June 1993, limited by any Act or regulations, any limits proposed by the funder on the amounts that recipients of those services may be charged for those services; or
(ii)
To be funded on terms and conditions agreed to or accepted by providers of the services (whether by means of service agreements, section 51, or otherwise), any limits proposed by the funder (after consultation with such persons as the funder considers appropriate) on the amounts that recipients of those services may be charged for those services.
3 Factors and priorities
The factors and priorities that have been taken into account in deciding the services intended to be funded.
4 Funding
The amount of money that the funder expects to receive from the Crown.
5 Monitoring
The steps that the funder intends to take to measure the performance, and to monitor the standards, of the services to be funded.
6 Information
The kind of information to be provided to the Minister.
7 Consultation
A description of the steps that the funder intends to take to consult in accordance with this Act.
8 Disputes resolution
A description of the dispute resolution procedures that the funder intends to provide for.
9 Other matters
Any other matters that are agreed by the Minister and the funder.
“Part 2 Ownership Information Relating to Health Funding Authority
Section 23(1)(a)
1 Funding
The total funding, and the total income, expected to be received.
2 Expenditure
The total operating expenditure, the total funding expenditure, and the total expenditure expected to be made.
3 Liabilities
The total term liabilities, the total current liabilities, and the total contingent liabilities.
4 Risk management
A description of the risk management strategies intended to be implemented.
5 Disposal
The procedure for the disposal of land transferred or vested under the Health Reforms (Transitional Provisions) Act 1993.
6 Other information
The information required to be included by the Public Finance Act 1989.”
Part 2 New Schedule 2 of Principal act
“SCHEDULE 2 Provisions Applying in Respect of Health Funding Authority
Section 36
1 Chairperson and deputy chairperson of directors
1)
The Minister must appoint 1 director of the Health Funding Authority as the chairperson of the board of the Authority.
(2)
The Minister may, after consultation with the board of the Authority, appoint 1 director of the Authority as the deputy chairperson of the board of the Authority.
(3)
Any director holding the office of chairperson or deputy chairperson of the board of the Authority may at any time be removed from the office of chairperson or deputy chairperson by the Minister.
(4)
Any director holding the office of chairperson or deputy chairperson of the board of the Authority may at any time resign the office of chairperson or deputy chairperson by written notice to the Minister.
(5)
If the chairperson or deputy chairperson of the board of the Authority ceases to be a director of the Authority, he or she must vacate, as the case may require, the office of chairperson or the office of deputy chairperson.
(6)
If the deputy chairperson of the board of the Authority is appointed as chairperson of that board, he or she must vacate the office of deputy chairperson.
2 Terms and conditions of appointment
Every director of the Authority—
(a)
Is appointed for a term not exceeding 3 years on such terms and conditions as the Minister from time to time determines; and
(b)
Is to be paid such remuneration as the board from time to time determines, except that the aggregate amount for directors’ remuneration in respect of any financial year may not exceed an amount approved by the Minister for that purpose; and
(c)
Is eligible for reappointment.
3 Vacation of office
Despite any provision of this Act or of any deed or agreement, the office of a director of the Authority becomes vacant if—
(a)
The Minister so notifies the director and the Authority in writing; or
(b)
The director resigns his or her office by notice in writing to the Minister and to the Authority, or dies; or
(c)
The term of appointment of the director expires.
4 Alternate directors
(1)
Any director of the Authority may, by written notice to the Authority delivered by hand or sent by post, telex, facsimile, or other written message,—
(a)
Appoint any other director of the Authority to act as an alternate director in his or her place, either for a specified period, or generally during the absence or inability to act from time to time of the director; and
(b)
Revoke at any time any appointment made under paragraph (a).
(2)
The appointment of an alternate director ceases if—
(a)
His or her appointor ceases to be a director of the Authority; or
(b)
He or she ceases to be a director of the Authority.
(3)
Unless the terms of the appointment of an alternate director otherwise provide, every alternate director has, while acting in the place of the director he or she represents, all the powers, rights, privileges, and duties of the director appointing him or her (including, without limitation, the right to receive notice of meetings and the power to sign or assent to resolutions) and is subject in all respects to the same terms and provisions as the appointing director; except that an alternate director does not have the right in his or her capacity as an alternate director (as distinct from his or her capacity as a director) to receive remuneration from the Authority, to witness the affixing of the seal of the Authority, or to act as chairperson or deputy chairperson of the Authority.
(4)
Subject to clause 5(4), a director who is also an alternate director is entitled to exercise his or her voting and other powers as an alternate director in addition to and independently of the exercise of his or her powers as a director.
Meetings of Directors
5 Meetings
(1)
Meetings of the board of the Authority are held at such times and, subject to clause 9, such places as the board or its chairperson from time to time appoints.
(2)
Notice of a meeting of the board of the Authority must be given to each director of the Authority and must be delivered by hand or sent by post, telex, facsimile, or other written message; except that it is not necessary to give notice to any director for the time being absent from New Zealand.
(3)
At any meeting of the board of the Authority, the quorum necessary for the transaction of business is,—
(a)
If the board comprises between 1 and 3 directors, the directors who comprise the board; or
(b)
If the board comprises more than 3 directors, 3 directors.
(4)
A director who is also an alternate director may, for the purposes of determining the quorum, be counted once only.
(5)
A meeting of the board of the Authority at which the quorum is present is competent to exercise all or any of the authorities, powers, and discretions exercisable by the Authority.
6 Chairperson to preside at meetings
(1)
At each meeting of the board of the Authority the chairperson of the board presides if that person is present and willing to preside.
(2)
If the chairperson is not present or willing to preside at any such meeting, the deputy chairperson, if present and willing to preside, presides.
(3)
If neither the chairperson nor a deputy chairperson is present and willing to preside at any such meeting, the directors present must elect a director who is present to preside at that meeting, and the person so elected has and may exercise all the powers and functions of the chairperson for the purposes of that meeting.
7 Voting at meetings
All questions arising at any meeting of the board of the Authority must be decided by a majority of the votes cast by the directors present. In the case of an equality of votes, the chairperson of the meeting does not have a second or casting vote.
8 Resolution assented to by all directors
A resolution in writing signed or assented to by letter, telex, facsimile, or other written message, by every director for the time being of the Authority is as valid and effective as if it had been passed at a meeting of the board of the Authority duly called and constituted. Any such resolution may consist of several documents in like form, each signed or purporting to have been despatched by 1 or more directors.
9 Teleconference meeting
(1)
The contemporaneous linking together by telephone or other means of communication of a number of directors of the Authority, being not less than the relevant quorum provided by clause 5(3), whether or not 1 or more of the directors is out of New Zealand, is to be regarded as constituting a meeting of the board of the Authority, and all of the provisions of this schedule apply to that meeting, if the following conditions are met:
(a)
Notice must have been given, by telephone or other means of communication, to every director of the Authority for the time being entitled to receive notice of a meeting of the board; and
(b)
Each of the directors taking part in the meeting by telephone or other means of communication must—
(i)
Be linked by telephone or such other means for the purposes of the meeting; and
(ii)
At the commencement of the meeting acknowledge, to all the other directors taking part, the director’s presence for the purpose of a meeting of the board of the Authority; and
(iii)
Be able throughout the meeting to hear each of the other directors taking part; and
(iv)
On any vote, individually express his or her vote to the meeting.
(2)
A director may not leave a meeting held under subclause (1) by disconnecting the director’s telephone or other means of communication unless the director has previously obtained the express consent of the chairperson of the meeting. A director is conclusively presumed to have been present, and to have formed part of the quorum, at all times during the meeting by telephone or other means of communication unless the director has previously obtained the express consent of the chairperson to leave the meeting.
(3)
A minute of the proceedings at a meeting held under subclause (1) is sufficient evidence of those proceedings, and the observance of all necessary formalities, if certified as a correct minute by the chairperson of the meeting.
10 Procedure
Subject to this Act, the board of the Authority may regulate its procedure in such manner as it thinks fit.
Interested Directors
11 Disclosure of interests
(1)
Any director of the Authority who, otherwise than as a director, is directly or indirectly interested in the exercise or performance of any function, power, or duty by the Authority, or who is directly or indirectly interested in any arrangement, agreement, or contract made or entered into, or proposed to be made or entered into, by the Authority must, as soon as practicable after the relevant facts have come to the director’s knowledge, disclose the nature of the interest to the board of the Authority.
(2)
Where a director of the Authority makes a disclosure under this clause, that director—
(a)
May not take part, after the disclosure, in any deliberation or decision of the Authority relating to the exercise or performance of the function, power, or duty by the Authority or relating to the arrangement, agreement, or contract; and
(b)
May not be included in the quorum required by clause 5(3) for any such deliberation or decision.
(3)
Failure to comply with this clause does not affect the validity of any action taken, or arrangement, agreement, or contract made, by the Authority.
(4)
The Minister may, by written notice to the Authority, waive or modify any of the provisions of this clause in respect of any particular director or matter, or class of matters that, in the Minister’s opinion, does not constitute a direct or indirect material interest.
(5)
The Minister must present to the House of Representatives a copy of any notice issued under subclause (4) within 12 sitting days after the date on which the Minister issues the notice.
Delegations by Board
12 Committees
The board of the Authority may from time to time appoint and dissolve 1 or more committees of the board, and—
(a)
Any such committee may consist of or include persons who are not directors of the Authority; and
(b)
The board may regulate the procedure of each such committee in such manner as it thinks fit.
13 Delegations
(1)
The board of the Authority may, by written notice, delegate any of its functions, duties, or powers, or any of the functions, duties, or powers of the Authority, to any committee of the board, director, employee, consultant, or agent.
(2)
A delegation may be to any named person or to any member of a specified class of persons. If the delegation is to a class of persons, it applies, unless otherwise provided in the delegation, to each member of the class for the time being irrespective of any change in membership of the class.
(3)
Unless otherwise provided in the delegation, a delegate may exercise the function, duty, or power in the same manner and with the same effect as if the delegate were the board or the Authority, as the case may be, and may further delegate the function, duty, or power.
(4)
Every delegation is revocable at will and no delegation prevents the exercise of the function, duty, or power by the board or the Authority, as the case may be.
(5)
Every delegate purporting to act under any delegation under this clause is, until the contrary is proved, presumed to be acting in accordance with the terms of the delegation.
Miscellaneous Provisions
14 Employees
(1)
It is an objective of the Authority to be a good employer.
(2)
The terms and conditions of employment of a chief executive appointed by the Authority are determined by agreement between the board of the Authority and the chief executive, except that the board may not finalise those terms and conditions without first consulting with the State Services Commissioner.
(3)
The Authority may not enter into a collective employment contract with any or all of its employees unless the Authority has first consulted with the State Services Commissioner with respect to the terms and conditions of the contract.
(4)
Without limiting section 41i of the Public Finance Act 1989, every annual report of the Authority must contain a summary of those provisions of the personnel policy operated by the funder that it considers will assist it in meeting its objective of being a good employer.
15 Liability of directors and employees
(1)
No director or employee of the Authority is personally liable for any liability of the Authority, or for any act done or omitted by the Authority or by any of its directors or employees in good faith in pursuance or intended pursuance of the functions, duties, or powers of the Authority.
(2)
No action for damages lies against any director or employee of the Authority at the suit of any person in respect of any compliance with, or failure to comply with, any direction given by the Minister under section 25 or any requirement of the Minister of Finance under section 26.
16 The seal
(1)
The board of the Authority must provide for the safe custody of the seal of the Authority which must be in such form as the board decides. The seal may be used only by the authority of a resolution of the board, or of a committee of the board authorised in that behalf, and every document to which the seal is affixed must be signed by 2 persons, each of whom is—
(a)
A director of the Authority; or
(b)
A person appointed by the board for the purpose of signing that document or documents of that kind.
(2)
The seal of the Authority must be judicially noticed in all courts and for all purposes.
17 Powers
The Authority has all such powers as are reasonably necessary or expedient to enable it to carry out its functions.
18 Restrictions on borrowing and investment
(1)
Despite any other enactment, except with the consent of the Minister of Finance, it is not lawful for the Authority to raise a loan (within the meaning of section 2(1) of the Public Finance Act 1989) or for any person to lend money to the Authority.
(2)
Despite any other enactment, the Authority must invest any money it has that is not immediately required for expenditure by it in such securities as the Minister of Finance from time to time approves.
19 Archives Act 1957 to apply
The Authority is a Government office for the purposes of the Archives Act 1957.
20 Tax status
For the purposes of the Inland Revenue Acts (as defined in the Tax Administration Act 1994) the Authority is a public authority.”
Schedule 3
Section 5(4)
Part 1 Acts Amended
| Act | Amendment |
|---|---|
| 1948, No. 36—The Tuberculosis Act 1948 (R.S. Vol. 11, p. 693) | By omitting from the definition of the term “tuberculosis officer”in section 2(1) the words “Crown health enterprise”wherever they appear, and substituting in each case the words “hospital and health service”. |
| 1956, No. 65—The Health Act 1956 (R.S. Vol. 31, p. 467) | By repealing the definition of the term “Crown health enterprise”in section 22b. |
By inserting in section 22b, after the definition of the term “‘Funder’ has the same meaning as in section 2 of the Health and Disability Services Act 1993: “‘Health Funding Authority’ has the same meaning as in section 2 of the Health and Disability Services Act 1993:”. | |
By inserting in section 22b, after the definition of the term “‘Hospital and health service’ means a hospital and health service within the meaning of the Health and Disability Services Act 1993:”. | |
By repealing the definitions of the terms “purchaser”and “regional health authority”in section 22b. | |
By omitting from section 22c(1) the expression “purchaser”, and substituting the expression “funder”. | |
By repealing paragraph (j) of section 22c(2), and substituting the following paragraph: “(j)Any employee of a funder, for the purposes of exercising or performing any of that funder’s powers, duties, or functions under the Health and Disability Services Act 1993.” | |
By repealing subsections (1) and (2) of section 22d, and substituting the following subsections: “(1) The Minister may at any time, by notice in writing, require any funder or any hospital and health service to provide, in such manner as may from time to time be required, such returns or other information as is specified in the notice concerning the condition or treatment of, or the health services or disability services provided to, any individuals in order to obtain statistics for health purposes or for the purposes of advancing health knowledge, health education, or health research. “(2) Subject to subsection (3), it is the duty of a funder or hospital and health service to provide the returns or other information specified in a notice given to it under subsection (1) within such time, and in such form, as is specified in the notice.” | |
By omitting from section 22e the words “Crown health enterprise”, and substituting the words “hospital and health service”. | |
By repealing section 22g(1), and substituting the following subsection: “(1) Any person (in this section referred to as a ‘provider’) who has claimed payment from the Health Funding Authority for services provided must, forthwith after a request by the Authority, make available any records of the provider that relate to those services for inspection— “(a)By a person authorised in writing by the Authority for this purpose, being a person who holds a professional qualification relevant to the services provided by the provider or such other person as the Authority considers appropriate; and “(b)For the purposes of verifying the claim for payment.” | |
| 1957, No. 40—The Hospitals Act 1957 (R.S. Vol. 31, p. 593) | By repealing the definition of the term “Crown health enterprise”in section 118. |
By inserting in section 118, after the definition of the term “‘Hospital and health service’ means a hospital and health service within the meaning of the Health and Disability Services Act 1993:”. | |
By omitting from section 119(3)(a) and (5) the words “Crown health enterprise”wherever they appear, and substituting in each case the words “hospital and health service”. | |
| 1974, No. 66—The Local Government Act 1974 (R.S. Vol. 25, p. 1) | By repealing the definition of the term “Crown health enterprise”in section 2(1). |
By inserting in section 2(1), after the definition of the term “‘Hospital and health service’ has the same meaning as in the Health and Disability Services Act 1993:”. | |
By omitting from section 597(3) the words “Crown health enterprise”, and substituting the words “hospital and health service”. | |
| 1975, No. 9—The Ombudsmen Act 1975 (R.S. Vol. 35, p. 469) | By omitting from section 2(4) the words “Crown health enterprise”wherever they appear, and substituting in each case the words “hospital and health service”. |
| By omitting from Part II of the First Schedule the items relating to Crown health enterprises and regional health authorities. | |
By inserting in Part II of the First Schedule, in their appropriate alphabetical order, the folio wing items:
“Health Funding Authority.
“Hospital and health services.” | |
By omitting from Part II of the First Schedule the item relating to related companies of Crown health enterprises, and substituting the following item: “Related companies of hospital and health services (within the meaning of section 2(4)).” | |
| 1975, No. 116—The Misuse of Drugs Act 1975 (R.S. Vol. 26, p. 567) | By omitting from section 8(2)(f) the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
By omitting from section 20(3)(a) the words “regional health authorities”, and substituting the words “the Health Funding Authority”. | |
| 1975, No. 122—The Disabled Persons Community Welfare Act 1975 (R.S. Vol. 26, p. 143) | By inserting in section 2, after the definition of the term “‘Health Funding Authority’ means the Health Funding Authority established under the Health and Disability Services Act 1993:”. |
By repealing the definition of the term “regional health authority”in section 2. | |
By omitting from section 4(e) the words “regional health authorities”, and substituting the words “the Health Funding Authority”. | |
By omitting from section 25a(1)(a) the words “purchased by the regional health authority”, and substituting the words “funded by the Health Funding Authority” | |
By omitting from section 25a(2)(a), (2)(b), and (3)(a) the words “regional health authority”, and substituting in each case the words “Health Funding Authority”. | |
By omitting from section 25c(1)(a) and (4) the words “regional health authority”, and substituting in each case the words “Health Funding Authority”. | |
By omitting from section 25c(2), (3)(c), (4)(a), and (b)(ii) the expression “authority”wherever it appears, and substituting in each case the expression “Authority”. | |
By repealing section 25d, and substituting the following section: “25d Health Funding Authority to appoint disability services review officers“(l) The Health Funding Authority must appoint from time to time a sufficient number of persons to conduct reviews. “(2) Every review officer must— “(a)Be suitable, in the opinion of the Health Funding Authority, to conduct reviews; and “(b)Be experienced in relation to the provision of disability services; and “(c)Have a recognised qualification relating to the provision of disability services. “(3) A review officer may be either— “(a)An employee of the Health Funding Authority; or “(b)A person engaged by the Health Funding Authority to conduct a particular review or reviews generally. The person may carry out other functions for the Authority and may be engaged by purchase agreement or otherwise. “(4) A review officer must not conduct a review if he or she was connected in any material way with— “(a)Any disability services needs assessment made in relation to the person; or “(b)The entry into residential care of the person; or “(c)Any service agreement for residential care services for the person. “(5) The Health Funding Authority must supply all the secretarial and administrative services that the review officer needs to carry out his or her functions.” | |
By omitting from section 25e(1)(c) the words “regional health authority”, and substituting the words “Health Funding Authority”. | |
By omitting from section 25e(4)(b)(ii) and (5)(c) the expression “authority”, and substituting in each case the expression “Authority”. | |
By omitting from section 25f(1), (3), and (5) the words “regional health authority”wherever they appear, and substituting in each case the words “Health Funding Authority”. | |
| 1977, No. 112—The Contraception, Sterilisation, and Abortion Act 1977 (R.S. Vol. 28, p. 1) | By repealing section 14(1)(j), and substituting the following paragraph: “(j)From time to time to report to and advise the Minister of Health and the Health Funding Authority established under the Health and Disability Services Act 1993 on the establishment of clinics and centres, and the provision of related facilities and services, in respect of contraception and sterilisation:”. |
| 1981, No. 118—The Medicines Act 1981 |
By omitting from section 49a(3)(b) the words |
| 1983, No. 46—The Civil Defence Act 1983 | By omitting from paragraph (e) of the definition of the term “organisation”in section 2 the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
| 1988, No. 97—The Rating Powers Act 1988 | By repealing the definition of the term “Crown health enterprise”in section 2. |
By inserting in section 2, after the definition of the term “‘Hospital and health service’ has the same meaning as it has in the Health and Disability Services Act 1993:”. | |
By omitting from section 5(1)(d) the words “Crown health enterprise”in each place where they appear, and substituting in each case the words “hospital and health service”. | |
By omitting from clause 9 of Part I of the First Schedule the words “Crown health enterprise”in each place where they appear, and substituting in each case the words “hospital and health service”. | |
| 1988, No. 150—The Dental Act 1988 | By repealing section 7, and substituting the following section: “7 Exemptions in respect of dentistry carried on by persons employed by School Dental Service or hospital and health services
Nothing in section 4 prevents the carrying on, in accordance with conditions approved by the Director-General of Health, of the practice of dentistry— “(a)By any person employed by the School Dental Service or any hospital and health service; or “(b)By any person employed to give training, in a polytechnic or University, to persons employed or to be employed by the School Dental Service or a hospital and health service.” |
| 1989, No. 24—The Children, Young Persons, and Their Families Act 1989 | By repealing section 141(7), and substituting the following subsection: “(7) The Director-General of Health may from time to time, under section 41 of the State Sector Act 1988, delegate to the Health Funding Authority or any hospital and health service (within the meaning of the Health and Disability Services Act 1993) the powers conferred on the Director-General of Health by subsections (5) and (6) and, for that purpose and for that purpose only, sections 41 and 42 of the State Sector Act 1988 apply as if the Health Funding Authority and every hospital and health service were employees of the Ministry of Health.” |
| 1989, No. 44—The Public Finance Act 1989 (R.S. Vol. 33, p. 419) | By omitting from the Fourth, Sixth, and Seventh Schedules the items relating to Crown health enterprises and regional health authorities. |
By inserting in the Fourth, Sixth, and Seventh Schedules, in each case in their appropriate alphabetical order, the following items:
“Health Funding Authority.
“Hospital and health services.” | |
| By omitting from the Fifth Schedule the item relating to regional health authorities. | |
By inserting in the Fifth Schedule, in its appropriate alphabetical order, the following item:
“Health Funding Authority.” | |
| 1992, No. 13—The Accident Rehabilitation and Compensation Insurance Act 1992 | By repealing the definition of the term “purchaser”in section 3. |
By inserting in section 3, in its appropriate alphabetical order, the following definition: “‘Funder’ has the same meaning as in the Health and Disability Services Act 1993:”. | |
By omitting from sections 73(1a), 79(4), and 79(5) the expression “purchaser”, and substituting in each case the expression “funder”. | |
By repealing section 89a, and substituting the following section: “89a Decisions of funders
Any decision by a funder affecting the entitlement of any claimant to the provision of treatment, service, physical rehabilitation, or related transport under this Act is deemed for the purposes of section 79(1) and this Part to be a decision of the Corporation.” | |
By repealing section 164(2), and substituting the following subsection: “(2) The purpose of this section is to facilitate the disclosure of information by the Departments of Labour, Corrections, and Social Welfare, and the New Zealand Customs Service, the Ministry of Health, any funder, and any hospital and health service (in this section each called “(a)The entitlement or eligibility of any person to or for any payment; or “(b)The amount of any payment to which any person is or was entided or for which any person is or was eligible.” | |
By omitting from section 165a(1) the words “Crown health enterprises”, and substituting the words “hospital and health services”. | |
By omitting from section 1 65a(2) and (3) the words “purchaser”and “Crown health enterprise”in each place where they appear, and substituting in each case the words “funder”and “hospital and health service”respectively. | |
| 1992, No. 46—The Mental Health (Compulsory Assessment and Treatment) Act 1992 | By repealing paragraph (a) of the definition of the term “(a)Purchased by the Health Funding Authority or a person declared to be a funder under section 20(b) of the Health and Disability Services Act 1993; or” |
| 1993, No. 23—The Health Reforms (Transitional Provisions) Act 1993 | By omitting from the definition of the term “transferee”in section 2(1) the words “a regional health authority, a Crown health enterprise”, and substituting the words “the Health Funding Authority, a hospital and health service”. |
By omitting from the definition of the term “transferor”in section 2(1) the words “a regional health authority, a Crown health enterprise”, and substituting the words “the Health Funding Authority, a hospital and health service”. | |
By omitting from section 21(a) the words “regional health authority”, and substituting the words “the Health Funding Authority”. | |
| 1994, No. 73—The Finance Act 1994 | By inserting in the definition of the term “authority”in section 2(1), after the words “regional health authority”, the words “(including the Health Funding Authority)”. |
By omitting from section 2(4) the words “Crown health enterprise”, and substituting the words “hospital and health service”. | |
| 1994, No. 164—The Income Tax Act 1994 | By omitting from section CB 3(a)(vi) the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
By omitting from section ME 1(2)(h) the words “Crown health enterprise”, and substituting the words “hospital and health service”. | |
By omitting from paragraph (i) of the definition of the term “special corporate entity”in section OB 1 the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
Part 2 Regulations Amended
| Regulations | Amendment |
|---|---|
| The Venereal Diseases Regulations 1982 (S.R. 1982/215) | By omitting from regulation 8(3) the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
| The Accident Compensation (Specialists Costs) Regulations (No. 2) 1990 (S.R. 1990/233) | By revoking regulation 2a(2)(a)(iii), and substituting the following subparagraph: “(iii)Recognised by the Health Funding Authority as a specialist for the purposes of arrangements made in respect of pharmaceuticals under section 51 of the Health and Disability Services Act 1993 and eligible to receive remuneration as a specialist from a hospital and health service; but”. |
By revoking regulation 5a, and substituting the following regulation: “5a Prohibition on contributions to cost of treatment provided by hospital and health services“(l) Despite anything in these regulations, but subject to subclause (2), the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by a registered specialist who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The registered specialist is providing or obliged to provide the treatment under that contract with that hospital and health service. “(2) Nothing in subclause (1) applies to an agreement, contract, or arrangement entered into by the Corporation under section 29a of the Act.” | |
| The Accident Compensation (Anaesthetists Costs) Regulations 1990 (S.R. 1990/234) | By revoking regulation 4a, and substituting the following regulation: “4a Prohibition on contributions to cost of treatment provided by hospital and health services“(l) Despite anything in these regulations, but subject to subclause (2), the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by an anaesthetist who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The anaesthetist is providing or obliged to provide the treatment under that contract with that hospital and health service. “(2) Nothing in subclause (1) applies to an agreement, contract, or arrangement entered into by the Corporation under section 29a of the Act.” |
| The Accident Compensation (Audiologists Costs) Regulations 1990 (S.R. 1990/236) | By revoking regulation 4a, and substituting the following regulation: “4a Prohibition on contributions to cost of treatment provided by hospital and health services“(l) Despite anything in these regulations, but subject to subclause (2), the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by an audiologist who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The audiologist is providing or obliged to provide the treatment under that contract with that hospital and health service. “(2) Nothing in subclause (1) applies to an agreement, contract, or arrangement entered into by the Corporation under section 29a of the Act.” |
| The Accident Compensation (Radiologists Costs) Regulations 1990 (S.R. 1990/237) | By omitting from regulation 2a(4) the words “the relevant regional health authority”, and substituting the words “the Health Funding Authority”. |
By revoking regulation 5a, and substituting the following regulation: “5a Prohibition on contributions to cost of treatment provided by hospital and health services“(l) Despite anything in these regulations, but subject to subclause (2), the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by a radiologist who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The radiologist is providing or obliged to provide the treatment under that contract with that hospital and health service. “(2) Nothing in subclause (1) applies to an agreement, contract, or arrangement entered into by the Corporation under section 29a of the Act.” | |
| The Accident Compensation (Dental Specialists Costs) Regulations (No. 2) 1990 (S.R. 1990/238) | By revoking regulation 7a, and substituting the following regulation: “7a Prohibition on contributions to cost of treatment provided by hospital and health services
Despite anything in these regulations, but subject to regulation 7, the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by a registered specialist who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The registered specialist is providing or obliged to provide the treatment under that contract with that hospital and health service.” |
| Accident Compensation (Dentists Costs) Regulations (No. 2) 1990 (S.R. 1990/239) | By revoking regulation 4a, and substituting the following regulation: “4a Prohibition on contributions to cost of treatment provided by hospital and health services
Despite anything in these regulations, the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by a dentist who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The dentist is providing or obliged to provide the treatment under that contract with that hospital and health service.” |
| The Accident Compensation (Referred Treatments Costs) Regulations 1990 (S.R. 1990/242) |
By revoking regulation 5a (as substituted by regulation 4 of the Accident Compensation (Referred Treatments Costs) Regulations 1990, Amendment No. 5), and substituting the following regulation: “5b Prohibition on contributions to cost of treatment provided by hospital and health services“(l) Despite anything in these regulations, but subject to subclause (2), the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by a treatment provider who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The treatment provider is providing or obliged to provide the treatment under that contract with that hospital and health service. “(2) Nothing in subclause (1) applies to an agreement, contract, or arrangement entered into by the Corporation under section 29a of the Act.” |
| The Accident Compensation (Pharmaceutical Costs) Regulations 1990 (S.R. 1990/243) | By omitting from regulation 4(5)(a) the words “a regional health authority”, and substituting the words “the Health Funding Authority”. |
By omitting from regulation 5(2) the words “a regional health authority”, and substituting the words “the Health Funding Authority”. | |
| The Accident Compensation (Prescribed Artificial Limbs, Aids, and Prosthetic Appliances Costs) Regulations 1990 (S.R. 1990/244) | By omitting from regulation 4(1) the words “a regional health authority”, and substituting the words “the Health Funding Authority”. |
By omitting from regulation 5(1)(a) the words “the relevant regional health authority”, and substituting the words “the Health Funding Authority”. | |
| The Accident Rehabilitation and Compensation Insurance (Costs of Transport Related to Treatment, Service, or Physical Rehabilitation) Regulations 1992 (S.R. 1992/203) | By omitting from paragraphs (a) and (b) of regulation 4(1) the words “the regional health authority”in each place where they appear, and substituting in each case the words “the Health Funding Authority”. |
| The Accident Rehabilitation and Compensation Insurance (Counselling Costs) Regulations 1992 (S.R. 1992/268) |
By revoking regulation 26a, and substituting the following regulation: “26a Prohibition on contributions to cost of counselling provided by hospital and health services“(1) Despite anything in these regulations, but subject to subclause (2), the Corporation may not contribute to the costs of any counselling where that counselling is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by a counsellor who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of counselling which the hospital and health service is obliged to provide under a service agreement; and “(ii)The counsellor is providing or obliged to provide the counselling under that contract with that hospital and health service. “(2) Nothing in subclause (1) applies to an agreement, contract, or arrangement entered into by the Corporation under section 29a of the Act.” |
| The Accident Rehabilitation and Compensation Insurance (Social Rehabilitation-Aids and Appliances) Regulations 1992 (S.R. 1992/282) | By omitting from regulation 6(a) the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
| The Health Entitlement Cards Regulations 1993 (S.R. 1993/169) | By omitting from the definition of the term “provider”in regulation 2 the words “any regional health authority”, and substituting the words “the Health Funding Authority”. |
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By inserting in regulation 2, in its appropriate alphabetical order, the following definition: “‘Service agreement’ has the meaning given to it by section 22 of the Act; and includes an arrangement that is enforceable under section 51 of the Act:”. | |
By revoking the definition of the term “purchase agreement”in regulation 2. | |
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By revoking regulation 12(b), and substituting the following paragraph: “(b)To provide evidence to the Health Funding Authority or any medical practitioner or any specialist or any pharmacist or any hospital and health service or any licensed hospital or any provider, or any employee of any such person, that— “(i)The cardholder is eligible for a Group 1 card; and “(ii)The cardholder is, and that person’s dependent children are, eligible for— “(A)Any 1 or more services provided under a service agreement with the Health Funding Authority; or “(B)Any exemption from a charge or part of a charge for any 1 or more such services; or “(C)Any prescribed maximum amount of charge applicable to persons of the class or classes of which the cardholder, or that person’s dependent children, form part, in relation to any 1 or more such services:”. | |
By omitting from paragraphs (a) and (b) of regulation 13(5) the words “a regional health authority”in each place where they appear, and substituting in each case the words “the Health Funding Authority”. | |
By omitting from paragraph (c)(viii) of the definition of the term “general medical services”in regulation 17 the words “a regional health authority”, and substituting the words “the Health Funding Authority”. | |
By omitting from paragraph (c)(xi) of the definition of the term “general medical services”in regulation 17 the words “purchase agreement”, and substituting the words “service agreement”. | |
By omitting from the definition of the term “geriatric services”in regulation 17 the words “a regional health authority”, and substituting the words “the Health Funding Authority”. | |
By omitting from the definition of the term “mental health services”in regulation 17 the words “a regional health authority”, and substituting the words “the Health Funding Authority”. | |
By omitting from the definition of the term “psychopaedic services”in regulation 17 the words “a regional health authority”, and substituting the words “the Health Funding Authority”. | |
By omitting from paragraph (a) of the definition of the term “qualifying medical services”in regulation 17 the words “a regional health authority”, and substituting the words “the Health Funding Authority”. | |
By omitting from paragraph (c) of the definition of the term “qualifying medical services”in regulation 17 the words “Crown health enterprise”, and substituting the words “hospital and health service”. | |
By omitting from the definition of the term “pharmaceutical”in regulation 22 the words “any regional health authority”, and substituting the words “the Health Funding Authority”. | |
By omitting from the definition of the term “prescription item”in regulation 22 the words “a purchase agreement between a regional health authority”, and substituting the words “a service agreement between the Health Funding Authority”. | |
| The Health Reforms (Transitional Provisions) Regulations 1993 (S.R. 1993/170) |
By inserting in regulation 2, after the definition of the term “‘Health Funding Authority’ means the Health Funding Authority established under section 32 of the Health and Disability Services Act 1993:”. |
By omitting from the definition of the term “pharmaceuticals”in regulation 2 the words “any regional health authority”, and substituting the words “the Health Funding Authority”. | |
By revoking the definition of the term “regional health authority”in regulation 2. | |
By omitting from regulation 3(2)(f) the words “a regional health authority”, and substituting the words “the Health Funding Authority”. | |
By omitting from regulation 4(2)(a) the words “a regional health authority”, and substituting the words “the Health Funding Authority”. | |
| The Accident Rehabilitation and Compensation Insurance (General Practitioners Costs) Regulations 1993 (S.R. 1993/202) | By omitting from regulation 6 the words “relevant regional health authority”, and substituting the words “the Health Funding Authority”. |
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By revoking regulation 7, and substituting the following regulation: “7 Prohibition on contributions to cost of treatment provided by hospital and health services(1) Despite anything in these regulations, but subject to subclause (2), the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by a general practitioner who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The general practitioner is providing or obliged to provide the treatment under that contract with that hospital and health service. “(2) Nothing in subclause (1) of this regulation applies to— “(a)Treatment provided by a general practitioner in a special area where that practitioner is under a contract of service or contract for services with a hospital and health service to provide that treatment; or “(b)An agreement, contract, or arrangement entered into by the Corporation under section 29a of the Act.” | |
| The Accident Rehabilitation and Compensation Insurance (Social Rehabilitation—Attendant Care) Regulations 1993 (S.R. 1993/214) | By omitting from regulation 10(1)(c) the words “one or more regional health authorities”, and substituting the words “the Health Funding Authority”. |
| The Accident Rehabilitation and Compensation Insurance (Supplementary Treatment Costs) Regulations (No. 2) 1993 (S.R. 1993/246) |
By revoking regulation 6, and substituting the following regulation: “6 Prohibition on contributions to cost of treatment provided by hospital and health services
Despite anything in these regulations, the Corporation may not contribute to the costs of any treatment where that treatment is— “(a)Provided or obliged to be provided by any hospital and health service; or “(b)Provided or obliged to be provided by any person who is under a contract of service or contract for services with a hospital and health service where— “(i)That contract relates to the provision of treatment which the hospital and health service is obliged to provide under a service agreement; and “(ii)The person is providing or obliged to provide the treatment under that contract with that hospital and health service.” |
| The Health and Disability Services (Employment Contracts) Order 1997 (S.R. 1997/117) | By omitting from clause 2 the words “Crown health enterprise”, and substituting the words “hospital and health service”. |
This Act is administered in the Ministry of Health.