New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
agreement includes a deed, a contract, an agreement, an arrangement, and an understanding, whether oral or written, express or implied, and whether or not enforceable at law; and, without limitation, includes a contract of service and a deed, contract, agreement, or arrangement creating or evidencing a trust
area health board means an area health board established under section 6 of the Area Health Boards Act 1983
assets means any real or personal property of any kind, whether or not subject to rights; and, without limitation, includes—
(a) any estate or interest in any land, including all rights of occupation of land or buildings:
(b) all buildings, vehicles, plant, equipment, and machinery, and any rights therein:
(c) all securities within the meaning of the Securities Act 1978:
(d) all rights of any kind, including rights under Acts and agreements, and all applications, objections, submissions, and appeals in respect of such rights:
(e) all patents, trade marks, designs, copyright, plant variety rights, and other intellectual property rights of any kind whether enforceable by Act or rule of law:
(f) goodwill, and any business undertaking:
(g) interests of any kind in any of the foregoing
CHFA means the Crown Health Financing Agency continued by section 57 of the New Zealand Public Health and Disability Act 2000
Crown endowment means, in relation to land held by a DHB, a trust settled by the Crown or by or pursuant to any Act, Provincial Ordinance, grant, or Order in Council in respect of that land, whether before or after it came to be held by the DHB, being a trust—
(a) for the purpose of providing an income derived from that land—
(i) for hospital purposes (such as for the maintenance of a hospital); or
(ii) for the purposes of any health services or disability support services or both; or
(b) for the purposes of establishing, or providing a site for, a hospital or like institution; or
(c) for hospital purposes; or
(d) for the purposes of any health services or disability support services or both; or
(e) for any or all of the purposes described in paragraphs (a) to (d)
Crown endowment land means, in relation to a DHB, land that—
(a) is vested in the DHB as a Crown endowment; and
(b) was either—
(i) granted by the Crown to the DHB or to any of its predecessors in title; or
(ii) vested in the DHB or in any of its predecessors in title by or pursuant to any Act, Provincial Ordinance, grant, or Order in Council; and
(c) was not land that, before it was granted to, or vested in, the DHB or any of its predecessors in title, had been given to the Crown, whether in trust or otherwise; and
(d) is not a public reserve within the meaning of the Reserves Act 1977; and
(e) is not, except for being held as a Crown endowment, land that is held in trust for a particular purpose; and
(f) is not, except for being held as a Crown endowment, land in respect of which special provision is made by any Act or Provincial Ordinance
Crown entity has the same meaning as in section 2(1) of the Public Finance Act 1989
employee has the same meaning as in section 6 of the Employment Relations Act 2000
Health Benefits Limited means the company incorporated under the Companies Act 1993 with the name Health Benefits Limited
hospital board means a hospital board constituted by section 25 of the Hospitals Act 1957
HQSC means the Health Quality and Safety Commission established under section 59A of the New Zealand Public Health and Disability Act 2000
liabilities includes—
(a) liabilities and obligations under any Act or agreement; and
(b) debt securities within the meaning of the Securities Act 1978; and
(c) contingent liabilities; and
(d) interests of any kind in any of the foregoing
predecessor in title, in relation to a DHB, means any of its predecessors in title that was an area health board or a hospital board or a Crown health enterprise or a hospital and health service or a similar body established under an enactment relating to the management of public hospitals and charitable institutions
publicly-owned health and disability organisation means any DHB, the CHFA, the NZBS, Pharmac, and HQSC
rights includes powers, privileges, interests, leases, licences, approvals, consents, designations, permissions, dispensations, authorisations, benefits, and equities of any kind, whether actual, contingent, or prospective
transfer includes—
(a) assign and convey; and
(b) confer estates in fee simple of land held by the Crown, whether in allodium or otherwise; and
(c) grant rights in respect of any assets or liabilities; and
(d) in the case of a liability, the assumption thereof by a transferee; and
(f) vest under clause 10 of Schedule 1;—
and the word transferred has a corresponding meaning
transfer date means, in relation to an agreement entered into under section 4 or a proposal approved under section 5, the date specified in the agreement or proposal as the date upon which the transfer of assets or liabilities, or both, referred to in the agreement or proposal takes effect (whether or not all formalities required to complete the transfer are completed by that date)
transferee means any of the following:
(a) the Crown (whether or not acting through a Government department):
(b) a publicly-owned health and disability organisation:
(c) a subsidiary of a publicly-owned health and disability organisation:
(d) a person declared under subsection (6) to be a transferee for the purposes of this Act
transferor means any of the following:
(a) the Crown (whether or not acting through a Government department):
(b) a publicly-owned health and disability organisation:
(c) a subsidiary of a publicly-owned health and disability organisation:
(d) Health Benefits Limited:
(e) in relation to any assets or liabilities that are transferred for a second or subsequent time, includes the transferee to whom those assets or liabilities have previously been transferred
transferring Ministers means the Minister of Finance and the Minister of Health.
(2) Unless the context otherwise requires, terms defined in section 6(1) of the New Zealand Public Health and Disability Act 2000 have the same meanings in this Act.
(3) Unless the context otherwise requires, in this Act,—
(a) a reference to transfer or authorise includes entering into an agreement to transfer or authorise, as the case may be; and
(b) a reference to any agreement or proposal includes any amendments to that agreement or proposal.
(4) Unless a written agreement entered into by the Crown states that any restriction, prohibition, or other provision is to apply despite the provisions of this subsection, this Act shall have effect, and assets and liabilities may be transferred under this Act, notwithstanding any restriction, prohibition, or other provision contained in any Act, rule of law, or agreement that would otherwise apply.
(5) Nothing in this Act shall limit any powers or rights that the Crown or a Minister has under any other enactment or rule of law.
(6) The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any person to be a transferee for the purposes of this Act.
Section 2(1) CHFA: inserted, on 17 May 2005, by section 5(2) of the New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63).
Section 2(1) Crown endowment: inserted, on 1 January 2001, by section 5(2) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(1) Crown endowment land: inserted, on 1 January 2001, by section 5(2) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(1) Crown entity: inserted, on 1 January 2001, by section 5(2) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(1) employee: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).
Section 2(1) Health Benefits Limited: inserted, on 1 January 2001, by section 5(2) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(1) HQSC: inserted, on 9 November 2010, by section 29(2) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).
Section 2(1) predecessor in title: inserted, on 1 January 2001, by section 5(2) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(1) publicly-owned health and disability organisation: inserted, on 1 January 2001, by section 5(2) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(1) publicly-owned health and disability organisation: amended, on 9 November 2010, by section 29(3) of the New Zealand Public Health and Disability Amendment Act 2010 (2010 No 118).
Section 2(1) publicly-owned health and disability organisation: amended, on 17 May 2005, by section 5(2) of the New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63).
Section 2(1) RHMU: repealed, on 17 May 2005, by section 5(2) of the New Zealand Public Health and Disability Amendment Act 2005 (2005 No 63).
Section 2(1) transfer paragraph (f): amended, on 1 January 2001, by section 5(3) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(1) transferee: substituted, on 1 January 2001, by section 5(1) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(1) transferor: substituted, on 1 January 2001, by section 5(1) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(2): substituted, on 1 January 2001, by section 5(4) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
Section 2(6): added, on 1 January 2001, by section 5(5) of the Health Sector (Transfers) Amendment Act 2000 (2000 No 92).
