1 Title
Part 1Preliminary provisions
2 Commencement
3 Purpose
4 Treaty of Waitangi
5 Outline
6 Interpretation
7 Act to bind the Crown
Part 2Responsibilities of Minister
8 Health and disability strategies
9 Strategies for standards and quality assurance programmes
10 Crown funding agreements
11 Ministerial committees
12 Information about committees to be made public
13 National advisory committee on health and disability
14 Public health advisory committee
15 Health workforce advisory committee
16 National advisory committee on health and disability support services ethics
17 National health epidemiology and quality assurance advisory committee
18 Mortality review committees
Part 3District health boards
19 Establishment of DHBs
20 Process for restructuring geographical areas of DHBs
21 Application of Crown Entities Act 2004 to DHBs
22 Objectives of DHBs
23 Functions of DHBs
24 Co-operative agreements and arrangements
25 Service agreements
Boards of DHBs
26 Role of board
27 Duties of board
28 Shares in bodies corporate or interests in associations
29 Membership of boards
30 Crown monitors to sit on boards
31 Replacement of board by commissioner
32 Ministerial directions
33 Minister may require provision of services
Committees
34 Community and public health advisory committees
35 Disability support advisory committees
36 Hospital advisory committees
Accountability of DHBs
37 Responsibility of board [Repealed]
38 District strategic plans
39 District annual plans
40 Consultation on proposed changes to annual plan
Financial provisions
41 DHBs to operate in financially responsible manner
42 Accountability documents under Crown Entities Act 2004
43 Auditor [Repealed]
Miscellaneous
44 Provision of information
45 Other provisions in schedules
Part 4Other publicly-owned health and disability organisations
Pharmaceutical Management Agency
46 Pharmac
47 Objectives of Pharmac
48 Functions of Pharmac
49 Pharmac to consult in implementing objectives and carrying out functions
50 Board of Pharmac to establish advisory committees
51 Publication of notices
52 Membership of board
53 Exemption from Part 2 of Commerce Act 1986
New Zealand Blood Service
54 NZBS
55 Functions of NZBS
56 Membership of board
Crown Health Financing Agency
57 CHFA
58 Functions of CHFA
59 Membership of board
Other provisions
60 Interpretation
61 Role of Board
62 Duties of board members [Repealed]
63 Shares in bodies corporate or interests in associations [Repealed]
64 Annual plans [Repealed]
65 Restrictions on directions by Minister
66 Pharmac, NZBS, and CHFA to operate in financially responsible manner
67 Accountability documents under Crown Entities Act 2004
68 Auditor [Repealed]
69 Provision of information
70 Further provisions
Part 5Inquiries
Inquiries and investigations under Commissions of Inquiry Act 1908
71 Minister may appoint Commission under Commissions of Inquiry Act 1908 to conduct inquiry or investigation
Special health inquiries
72 Minister may appoint inquiry board to conduct special health inquiry
73 Consultation required before inquiry board appointed to inquire into certain matters
74 Discussion required before inquiry board appointed
75 Establishment and alteration of inquiry
76 Protection of inquiry board
77 Instructions as to procedure
78 Further requirements as to procedure
79 Inquiry hearings and evidence generally to be public
80 Supplementary procedure
81 Evidence
82 Powers to investigate
83 Power to summon witnesses
84 Service of summons
85 Protection of witnesses
86 Offences
Part 6Miscellaneous provisions
87 Saving of certain transactions
88 Arrangements relating to payments
89 Principles of national consistency applicable to notices under section 88
90 Exclusion of liability
91 No compensation for loss of office
92 Regulations
Part 7Transitional and consequential provisions
93 Interpretation
Assets and liabilities of dissolved entities to vest in publicly-owned health and disability organisations
94 Health Funding Authority dissolved and assets and liabilities vested in the Crown
95 Hospital and health services dissolved and assets and liabilities vested in DHBs
96 Assets and liabilities of New Zealand Blood Service Limited vested in NZBS
97 Former directors of New Zealand Blood Service Limited to be transitional members of NZBS
98 Pharmaceutical Management Agency Limited dissolved and assets and liabilities vested in Pharmac
99 Former directors of Pharmaceutical Management Agency Limited to be transitional members of board of Pharmac
100 Health Sector (Transfers) Act 1993 to apply to vestings under this Act
101 Modifications of Health Sector (Transfers) Act 1993 in respect of former employees of dissolved entities and certain employees of Ministry of Health
102 References to dissolved entities to be references to their successors
103 Persons in whom assets and liabilities vested deemed dissolved entities for certain purposes
Transitional provisions relating to annual reports and financial statements of dissolved entities
104 Meaning of final report
105 Final reports of dissolved entities
All positions on boards of DHBs filled by appointment until first elections
106 Transitional board members
Amendments to other Acts
107 Amendments to Commerce Act 1986
108 Amendments to State Sector Act 1988
109 Amendment to Mental Health Commission Act 1998
Consequential repeals, revocations, and amendments
110 Consequential repeals and revocations
111 Consequential amendments
112 Saving
Appropriations for purposes of Act
113 Interim authority of Crown to incur liabilities
Transitional provisions relating to New Zealand health strategy and New Zealand disability strategy
114 Consultation for first New Zealand health strategy and first New Zealand disability strategy
Schedule 1DHBs and their geographical areas
Schedule 2Membership of boards: election and appointment of members, and effect of boundary changes on membership
Schedule 3Provisions applying to DHBs and their boards
Schedule 4Provisions applying to community and public health advisory committees, disability support advisory committees, and hospital advisory committees
Schedule 5Provisions applying to mortality review committees
Schedule 6Further provisions applying to Pharmac, NZBS, and CHFA
Schedule 7Vesting of assets and liabilities of hospital and health services in DHBs
Schedule 8Consequential revocations of instruments
Schedule 9Consequential amendments to Acts
Schedule 10Consequential amendments to other instruments
Legislative history
The Parliament of New Zealand enacts as follows: