Health Sector (Transfers) Amendment Act 2000

1: Title
1: This Act is the Health Sector (Transfers) Amendment Act 2000.
2: In this Act, the Act known before the commencement of this Act as the Health Reforms (Transitional Provisions) Act 1993 the principal Act
2: Commencement
1: Section 14
2: The rest of this Act comes into force on 1 January 2001.
3: Title repealed
The Title of the principal Act is repealed.
4: Name of principal Act changed
1: As from the commencement of this section, the principal Act is called the Health Sector (Transfers) Act 1993
2: The Short Titles of the principal Act and of the Health Reforms (Transitional Provisions) Amendment Act 1997 Health Reforms (Transitional Provisions) Health Sector (Transfers)
3: As from the commencement of this section, every reference in any enactment and in any document to the Health Reforms (Transitional Provisions) Act 1993 Health Sector (Transfers) Act 1993
5: Interpretation
1: Section 2(1) Residual Health Management Unit transferee transferor RHMU section 57 of the New Zealand Public Health and Disability Act 2000 transferee
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) transferor
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: .
2: Section 2(1) Crown endowment
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
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
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 section 2(1) of the Public Finance Act 1989 Health Benefits Limited Companies Act 1993 predecessor in title publicly-owned health and disability organisation .
3: Section 2(1) paragraph (f) transfer section 22
4: Section 2 subsection (2)
2: Unless the context otherwise requires, terms defined in section 6(1) of the New Zealand Public Health and Disability Act 2000
5: Section 2
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.
6: New
section 2A The principal Act is amended by inserting, after section 2
2A: Purposes of this Act
The purposes of this Act are as follows:
a: to provide for assets, liabilities, or functions within the public health and disability sector to be transferred to the Crown or to certain specified bodies within that sector:
b: to provide for the effect and the consequences of—
i: transfers, in accordance with this Act, of assets, liabilities, or functions within the public health and disability sector:
ii: sales or other dispositions of land by DHBs:
c: to permit DHBs, subject to specified conditions, to sell or dispose of land that is subject to trusts or certain other restrictions.
7: Application of transfer to third parties
Section 6(1) sections 4, 5, and 22 sections 4 and 5
8: New heading substituted
The principal Act is amended by omitting the heading Assets Held in Trust section 10 Assets held in trust or subject to restrictions
9: Assets to remain subject to trusts
Section 10 section 11 sections 11 to 11D
10: New
sections 11A to 11H The principal Act is amended by inserting, after section 11
11A: Power of DHB to deal with trust land
1: Subject to subsections (2) to (6) clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
2: The proceeds of any sale effected pursuant to subsection (1) subsection (1)
3: Nothing in this section applies to—
a: any public reserve within the meaning of the Reserves Act 1977
b: any Crown endowment land.
4: In respect of any land held in trust, the power of sale conferred by subsection (1)
5: Any question as to whether subsection (4)
6: No mortgage or charge given by a DHB in respect of any land that is held in trust for any purpose may contain or imply any power of sale of the land, whether or not the mortgage or charge purports to do so. 1983 No 134 ss 75, 77(3)
11B: Power of Minister of Health to cancel Crown endowment
1: The Minister of Health may, by written notice given to a DHB, declare that any land vested in the DHB (being land that the Attorney-General has, by written notice to the Minister of Health, declared to be Crown endowment land) is no longer subject to the Crown endowment.
2: Where a notice is given by the Minister of Health under subsection (1)
a: ceases to be subject to the Crown endowment; and
b: subject to clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
3: The Attorney-General may declare any land vested in a DHB to be Crown endowment land for the purposes of subsection (1)
a: the purpose of the Crown endowment can no longer be attained or ascertained:
b: it is uncertain whether the land is Crown endowment land.
11C: Power of DHB to apply proceeds of sale of Crown endowment land
1: Subject to subsection (2)
a: for the purposes of any health services or disability support services, or both, provided by the DHB; or
b: for any purpose for which the DHB may lawfully apply its own property.
2: The power conferred by subsection (1)
3: A notice may be given under subsection (2)
a: the purpose of the Crown endowment can no longer be attained or ascertained:
b: it is uncertain whether the land sold was Crown endowment land.
11D: Saving in respect of
Charitable Trusts Act 1957 Nothing in this Act prevents a DHB from exercising the rights conferred on trustees by Part III of the Charitable Trusts Act 1957
11E: Health sector reserves
1: In this section, health sector reserve Reserves Act 1977
2: Every health sector reserve is deemed to be classified, under the Reserves Act 1977
3: Every health sector reserve may be transferred under this Act to any transferee, whether or not the transferee is in the health and disability sector.
4: Every transferee to whom a health sector reserve is transferred under this Act is an administering body under the Reserves Act 1977 in respect of that reserve, except that neither section 25(3) of that Act Part IV of that Act
5: A transferee outside the health and disability sector to whom a health sector reserve is transferred under this Act must, as soon as practicable, promote either of the following:
a: an appropriate change of classification or purpose of the health sector reserve under the Reserves Act 1977
b: the revocation, under that Act, of the reservation of the health sector reserve as a reserve.
6: If the reservation of any health sector reserve is revoked under the Reserves Act 1977
a: remains vested in the transferee; and
b: is subject to any reservations or trusts affecting that land arising from Acts (other than the Reserves Act 1977
c: is subject to clause 3 of the First Schedule
d: is subject to any valid leases, rights, easements, or interests subsisting over that land at the date of the revocation.
7: Despite the Reserves Act 1977
8: The granting of a lease or licence under subsection (7)
a: if granted by a publicly-owned health and disability organisation or a subsidiary of such an organisation, clause 43 of Schedule 3 clause 28 of Schedule 6 of the New Zealand Public Health and Disability Act 2000
b: if granted by a transferee that is not a publicly-owned health and disability organisation or a subsidiary of such an organisation, clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000
9: Any payment under a lease or licence over a health sector reserve may be paid to the transferee in whom the reserve is vested, and may be applied for the purposes of the transferee.
10: To avoid any doubt, nothing in this Act permits the Minister to alter the status of a health sector reserve without complying with all processes required by the Reserves Act 1977
11F: Saving in respect of
Public Works Act 1981 Nothing in sections 11A to 11E clause 3 of the First Schedule
11G: Saving in respect of
Waikato Raupatu Claims Settlement Act 1995 Ngai Tahu Claims Settlement Act 1998 Nothing in sections 11A to 11E
a: section 11 of the Waikato Raupatu Claims Settlement Act 1995
b: Part 9 of the Ngai Tahu Claims Settlement Act 1998
11H: Part IVA of Conservation Act 1987
1: Subject to subsections (2) to (5) Part IVA of the Conservation Act 1987
2: The provisions of Part IVA of the Conservation Act 1987
a: is land that,—
i: before being transferred to, or vested in, the transferee under this Act or the New Zealand Public Health and Disability Act 2000
ii: is being sold or disposed of to the donor of the land or to the successor of the donor of the land (being the person who would have been entitled to the land under the will or intestacy of the donor had the donor owned the land at the date of the donor's death); or
b: is land acquired by the transferee other than land acquired by virtue of—
i: the operation of section 95 of the New Zealand Public Health and Disability Act 2000
ii: a transfer under this Act; or
c: is land being transferred to or vested in the Crown.
3: Despite subsection (1) section 24D of the Conservation Act 1987 Land Transfer Act 1952 subsection (4)
4: The certificate required by subsection (3)
a: be signed by the chief executive of the transferee by which the disposition is being effected; and
b: certify that the disposition is one to which Part IVA of the Conservation Act 1987
c: state the action that the Registrar-General of Land is required to take under section 24D of the Conservation Act 1987
d: specify the certificate of title upon which the Registrar-General of Land is to record the statements required by section 24D of the Conservation Act 1987
5: Nothing in this section limits the provisions of clause 6 of the First Schedule
11: Repeal of
sections 16 to 22 The principal Act is amended by repealing sections 16 to 22
12: Amendment to
Schedule 1 Schedule 1 clause 3
3: Modification of provisions of
Public Works Act 1981
1: In this clause, public work land
a: on 10 May 1993 was subject to sections 40 to 42 of the Public Works Act 1981
b: has on 1 or more occasions been transferred by or under this Act.
2: Sections 40 to 42 of the Public Works Act 1981
a: is held by a transferee (regardless of whether or not those purposes are the purposes for which the land was acquired under the Public Works Act 1981
i: for the purposes of the transferee; or
ii: to enable the transferee to prepare for the disposal of the land; or
iii: to enable the transferee to determine whether to transfer or hold the land for any purpose referred to in this subclause; or
b: is transferred under this Act to enable another transferee to hold the land for any of the purposes specified in paragraph (a)
c: is held under a lease or licence granted by a transferee to any person other than a transferee for health-related purposes or, with the consent of the Minister, for any other purpose.
3: If any public work land is not held or transferred in accordance with subclause (2), sections 40 and 41 of the Public Works Act 1981
4: When subclause (3) subclause (5)
a: within 40 working days following an offer made, under section 40(2) of the Public Works Act 1981
b: an offer under section 40 of that Act
5: A transferee and a person who is entitled, or may become entitled, to receive an offer under section 40(2) of the Public Works Act 1981
6: An agreement under subclause (5) section 40(2) of the Public Works Act 1981
13: Validation of use of public work land for purposes not related to health
In any case where, before the commencement of this section, any public work land (within the meaning of clause 3
a: clause 3(2)(c) section 12
b: the Minister had consented, under that clause, to that use.
14: Orders in Council transferring assets or liabilities in December 2000
Before the commencement of section 5 section 5 section 2 section 5 section 5