Health Amendment Act 1998

1: Short Title and commencement
1: This Act may be cited as the Health Amendment Act 1998, and is part of the Health Act 1956 the principal Act
2: This Act comes into force on the second day after the date on which it receives the Royal assent.
1: Amendments to principal Act relating to collection of blood
2: Duty to provide information for purposes of blood collection
This section inserted section 22E
3: Part 3A This section substituted Part 3A
2: Provisions relating to dissolution of blood transfusion trust
4: Vesting of assets of blood transfusion trust
1: In this section and in sections 6 7 8 9 the Trust section 92J
2: On the date that this Act comes into force, the assets and the liabilities of the Trust vest in the hospital and health service known as New Zealand Blood Service Limited freed of all trusts affecting those assets or liabilities.
3: Sections 6 8 9 1 Health Reforms (Transitional Provisions) Act 1993 subsection (2)
a: Those assets and liabilities were transferred under section 5
b: The Trust were the transferor and New Zealand Blood Service Limited were the transferee under a proposal approved by an Order in Council made under that section.
4: Unless in any case the context otherwise requires, every reference to the Trust in any document (other than an enactment) is, after the commencement of this Act, to be read as a reference to New Zealand Blood Service
5: In this section, unless the context otherwise requires, the terms assets liabilities transfer section 2 Health Reforms (Transitional Provisions) Act 1993 Subsection (4) amended 1 January 2001 111(1) New Zealand Public Health and Disability Act 2000 by omitting the word Limited
5: Respect for donated blood
1: New Zealand Blood Service Limited must, in managing any blood or controlled human substance vested in it by section 4
2: In this section, the terms blood controlled human substance section 92A
6: Blood transfusion trust dissolved
1: On the date that this Act comes into force the Trust is dissolved.
2: On the date that this Act comes into force every trustee of the Trust ceases to hold office as trustee of the Trust.
7: Final report of Trust
1: Subject to section 8 section 8
2: The final report referred to in subsection (1)
a: An annual report setting out the information specified in section 41I Public Finance Act 1989
b: The Trust's financial statements for that period, which must—
i: Set out the information specified in section 41 Public Finance Act 1989
ii: Be accompanied by an audit opinion prepared by the Audit Office in accordance with section 43
3: The final report must be signed on behalf of the transferee or by the persons appointed, under section 8
4: As soon as practicable after receiving a copy of the final report, the Minister must present the report to the House of Representatives.
8: Appointment of persons to discharge reporting obligations
1: In any case where the transferee is, because of section 7 section 4(2) subsection (2)
2: The following persons are eligible to be appointed under subsection (1)
a: Two former trustees of the Trust; or
b: One former trustee of the Trust and 1 former executive officer of the Trust.
3: When a report prepared by persons appointed under subsection (1)
4: If in any case a person appointed under subsection (1)
a: Replace that person by appointing another person who is, in the circumstances of the case, eligible to be appointed under subsection (2)
b: Terminate the appointment of both persons appointed to prepare the report and—
i: Appoint 2 other persons who are eligible to be appointed under subsection (2)
ii: Prepare the report itself.
9: Protection of former trustees
1: Section 92L
2: If, in the period commencing on 31 March 1998 and ending with the close of the day immediately before the commencement of this Act, a former trustee or officer of the Trust did an act, or failed or refused to do an act, in order to prepare for, or assist in, the implementation of this Act, the trustee or officer is under no civil or criminal liability for doing, or failing or refusing to do, the act.
3: Subsection (2)
4: Subsection (2)
10: Consequential amendment to
Ombudsmen Act 1975 The Ombudsmen Act 1975 Part 2 section 92J Health Act 1956
11: Consequential amendment to
Public Finance Act 1989 The Public Finance Act 1989 Schedules 4 5 6 section 92J Health Act 1956
12: Consequential repeals
The following enactments are consequentially repealed:
a: Section 27 Health Amendment Act 1993
b: Section 2 of the Health Amendment Act (No 3) 1994