New Zealand Public Health and Disability Amendment Act 2012

1: Title
This Act is the New Zealand Public Health and Disability Amendment Act 2012.
2: Commencement
This Act comes into force on 1 July 2012.
3: Principal Act amended
This Act amends the New Zealand Public Health and Disability Act 2000 2012-07-01 New Zealand Public Health and Disability Act 2000 Amendments to principal Act
4: Outline
Section 5
7: A Crown entity called the Health Promotion Agency ( HPA sections 57 to 59
5: Interpretation
1: Section 6(1) CHFA
2: The definition of publicly-owned health and disability organisation section 6(1) CHFA HPA
3: Section 6(1) HPA section 57
6: New headings and sections 57 to 59AA substituted
Sections 57 to 59 Health Promotion Agency
57: Health Promotion Agency established
1: An organisation called the Health Promotion Agency ( HPA
2: HPA is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
3: The board of HPA consists of not fewer than 5 and not more than 7 members appointed under section 28 of the Crown Entities Act 2004.
4: The Crown Entities Act 2004 applies to HPA except to the extent that this Act expressly provides otherwise.
58: Functions, duties, and powers of HPA
1: HPA must lead and support activities for the following purposes:
a: promoting health and wellbeing and encouraging healthy lifestyles:
b: preventing disease, illness, and injury:
c: enabling environments that support health and wellbeing and healthy lifestyles:
d: reducing personal, social, and economic harm.
2: HPA has the following alcohol-specific functions:
a: giving advice and making recommendations to government, government agencies, industry, non-government bodies, communities, health professionals, and others on the sale, supply, consumption, misuse, and harm of alcohol so far as those matters relate to HPA’s general functions:
b: undertaking or working with others to research the use of alcohol in New Zealand, public attitudes towards alcohol, and problems associated with, or consequent on, the misuse of alcohol.
3: Section 103(1) of the Crown Entities Act 2004 does not apply to HPA's functions under subsection (2), but HPA must have regard to any government policy that relates to those functions if so directed by the Minister.
4: HPA must also—
a: assume the property, rights, and liabilities of the Alcohol Advisory Council and the Health Sponsorship Council that are transferred to HPA by section 17 New Zealand Public Health and Disability Amendment Act 2012
b: undertake any other functions that it is for the time being authorised to perform by the Minister by written notice to the board of HPA after consultation with the board.
59: Provisions relating to grants, sponsorship, and other matters
1: HPA may—
a: make grants to any body, association, or person engaged in any activity in any field with which HPA is concerned:
b: make advances to any such body, association, or person, on any terms and conditions as to the payment of interest, the repayment of principal, the giving of security, and otherwise that HPA thinks fit:
c: charge any fees (if any) that it may from time to time think reasonable for any material published by it and made available to the public:
d: without further appropriation by Parliament, spend in any year any funds received by HPA in the previous year and not spent by HPA in the previous year:
e: commit itself to spend any money by way of sponsorship, subject to subsection (2).
2: The power to spend money by way of sponsorship is subject to the following limitations:
a: HPA must have the money in hand at the time; and
b: HPA must not, in any year (the current year
3: In this section, sponsorship
4: For the purpose of subsection (3),—
a: such assistance by HPA may (without limitation) take the form of—
i: money, whether by way of grant or otherwise; or
ii: goods and services; or
iii: trophies, prizes, awards, and scholarships:
b: such promotion by the person or organisation receiving assistance may (without limitation) take the form of—
i: publicising messages relating to health and wellbeing and healthy lifestyles; or
ii: publicising messages relating to ill-health and unhealthy lifestyles; or
iii: promoting HPA's aims and objectives.
5: This section (other than subsection (2)) does not limit sections 16 and 17 of the Crown Entities Act 2004. Levies
59AA: Levies for alcohol-related purposes
1: Levies may be imposed for the purpose of enabling HPA to recover costs it incurs—
a: in addressing alcohol-related harm; and
b: in its other alcohol-related activities.
2: Schedules 4A and 4B
7: Interpretation
The definition of organisation section 60
c: HPA:
8: Pharmac, NZBS, CHFA to operate in financially responsible manner
The heading to section 66 CHFA and HPA
9: Further provisions
Section 70 CHFA HPA
10: Regulations
Section 92
5: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for returns to be made by persons importing into or manufacturing in New Zealand any alcohol, or any class or kind of alcohol, for the purpose of ascertaining the amount of any levy payable under this Act, and providing for the verification of returns:
b: exempting any person or class of persons from paying any levy that would otherwise be payable under this Act in any case where the cost of assessing or collecting the levy exceeds the amount payable by way of the levy:
c: amending or replacing the table in Schedule 4B
6: Regulations under subsection (5)﻿(c) may be made only—
a: for the purpose of aligning the rates for classes of alcohol under this Act with the classification system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties Table (as defined in section 76A of the Customs and Excise Act 1996); and
b: after consultation with the Minister of Customs.
11: Amendments to Schedule 6
1: The heading to Schedule 6 CHFA HPA
2: The definition of organisation clause 1
c: HPA:
12: New Schedules 4A and 4B inserted
The Schedules 4A 4B Schedules 1 2 Schedule 4 Provisions relating to disestablishment of Alcohol Advisory Council and Health Sponsorship Council
13: Repeal and revocations relating to Alcohol Advisory Council
1: The Alcohol Advisory Council Act 1976
2: The Alcohol Advisory Council (Schedule Amendment) Order 2009
3: The following orders and regulations continue to have effect and may be amended or revoked under the New Zealand Public Health and Disability Act 2000
a: every Alcohol Advisory Council Levy Order made under section 27
b: Alcohol Advisory Council Regulations 1978 2012-07-01 Alcohol Advisory Council Act 1976 Alcohol Advisory Council (Schedule Amendment) Order 2009
14: Amendments to Smoke-free Environments Act 1990 relating to Health Sponsorship Council
1: This section amends the Smoke-free Environments Act 1990
2: The definition of Council section 2(1)
3: Part 3 2012-07-01 Smoke-free Environments Act 1990
15: Interpretation
In sections 16 to 24 Alcohol Advisory Council section 3(1) Health Sponsorship Council section 43(1)
16: Disestablishment of councils
On the commencement of this section,—
a: the Alcohol Advisory Council and the Health Sponsorship Council are disestablished; and
b: the term of office of the members of those councils ends.
17: Transfer of property and liabilities of councils
On and from the commencement of this section,—
a: all real and personal property of the Alcohol Advisory Council and the Health Sponsorship Council vests in HPA free of all trusts; and
b: all rights of those councils vest in HPA; and
c: all money payable to either of those councils is payable to HPA; and
d: all liabilities of each of those councils vest in HPA; and
e: all proceedings pending by or against either of those councils may be continued, completed, or enforced by or against HPA.
18: Transfer not gift, supply of goods and services, or disposition for certain purposes
To avoid doubt, anything transferred to HPA by section 17
a: a dutiable gift for the purposes of the Estate and Gift Duties Act 1968
b: a supply of goods and services for the purposes of the Goods and Services Tax Act 1985
c: a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax Act 2007
19: Compensation
No member of the Alcohol Advisory Council or the Health Sponsorship Council is entitled to compensation for loss of office resulting from the disestablishment of the council.
20: Restriction of compensation for technical redundancy
1: An employee is not entitled to receive any payment or other benefit on the ground that his or her position in the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health has ceased to exist if—
a: the position ceases to exist as a result of a transfer of functions from the council to HPA; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in HPA (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in HPA.
2: In this section, equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the council (and any other period of service recognised by the council as continuous service) as if it were continuous service with HPA.
3: This section overrides Part 6A
21: Application of collective agreements to employees
1: This section limits which employees may be bound by a collective agreement that binds the chief executive of the Alcohol Advisory Council or of the Health Sponsorship Council before a transfer of functions from those councils to HPA and that, as a consequence of section 17
2: After that transfer of functions, the only employees of HPA who are entitled to be bound by or enforce the collective agreement are those employees who are appointed to a position in HPA that has been established (whether or not previously existing in any of those councils) to enable HPA to perform the transferred functions.
3: Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under sections 56(1) 57 62(3) 63(3) 243
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
22: Superannuation
1: Any employee of the Alcohol Advisory Council, the Health Sponsorship Council, or the Ministry of Health who, immediately before becoming an employee of HPA, is a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1)
4: For the purpose of applying the Government Superannuation Fund Act 1956
23: Consequential changes to references to former councils
If an enactment or other thing refers to the Alcohol Advisory Council or the Health Sponsorship Council and that reference is no longer appropriate because the council referred to has been disestablished, the reference must be read as a reference to HPA.
24: Consequential changes to references to chief executives following reorganisations
If an enactment or other thing refers to a chief executive of the Alcohol Advisory Council or of the Health Sponsorship Council and that reference is no longer appropriate because the council referred to has been disestablished, the reference must be read as a reference to the chief executive of HPA.
25: Application of consequential changes to references
1: Sections 23 24
a: apply to things that are in force or existing at the time of the disestablishment of the council (whether coming into force, entered into, or created before or after the commencement of this section); and
b: apply to references in anything, including (without limitation) deeds, agreements, proceedings, instruments, documents, and notices.
2: An Order in Council made under section 35 sections 23 24
3: Sections 23 24
a: apply to collective employment agreements; but
b: do not apply to individual employment agreements.
26: Consequential amendments
The Acts specified in Schedule 3 2012-07-01 Crown Entities Act 2004 Health Sector (Transfers) Act 1993 Official Information Act 1982 Ombudsmen Act 1975 see section 34 for further amendments to above Acts to be taken in from Schedule 4 Provisions relating to disestablishment of Crown Health Financing Agency
27: Disestablishment of Crown Health Financing Agency
On the commencement of this section, the Crown Health Financing Agency is disestablished.
28: Transfer of property and liabilities of Crown Health Financing Agency
On and from the commencement of this section,—
a: all real and personal property of the Crown Health Financing Agency (the Agency
b: all rights of the Agency vest in the Crown; and
c: all money payable to the Agency is payable to the Crown; and
d: all liabilities of the Agency vest in the Crown; and
e: all proceedings pending by or against the Agency may be continued, completed, or enforced by or against the Crown.
29: Transfer not gift, supply of goods and services, or disposition for certain purposes
To avoid doubt, anything transferred to the Crown by section 28
a: a dutiable gift for the purposes of the Estate and Gift Duties Act 1968
b: a supply of goods and services for the purposes of the Goods and Services Tax Act 1985
c: a sale, disposition, distribution, or transfer of property or liability for the purposes of the Income Tax Act 2007
30: Compensation
No member of the Crown Health Financing Agency is entitled to compensation for loss of office resulting from the disestablishment of the Agency.
31: Restriction of compensation for technical redundancy
1: An employee is not entitled to receive any payment or other benefit on the ground that his or her position in the Crown Health Financing Agency has ceased to exist if—
a: the position ceases to exist as a result of a transfer of functions from the Agency to a department; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in the department (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in the department.
2: In this section, equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with the Agency (and any other period of service recognised by the Agency as continuous service) as if it were continuous service with the department.
3: This section overrides Part 6A
32: Application of collective agreements to employees
1: This section limits which employees may be bound by a collective agreement that bind the chief executive of the Crown Health Financing Agency before a transfer of functions from the Agency to a department and that, as a consequence of section 28
2: After that transfer of functions, the only employees of the department who are entitled to be bound by or enforce the collective agreement are those employees who are appointed to a position in the department that has been established (whether or not previously existing in the Agency) to enable the department to perform the transferred functions.
3: Subsection (2) does not bind an employee to a collective agreement, or entitle an employee to be bound by or enforce a collective agreement, if the employee would not otherwise be bound by, or be entitled to be bound by or enforce, that agreement.
4: This section limits which employees may be bound by collective agreements (including collective employment contracts), and the coverage of those agreements, under sections 56(1) 57 62(3) 63(3) 243
5: This section does not apply to a collective agreement to the extent that the parties agree otherwise.
33: Superannuation
1: Any employee of the Crown Health Financing Agency who, immediately before becoming an employee of a department, is a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
4: For the purpose of applying the Government Superannuation Fund Act 1956
34: Consequential amendments
The Acts specified in Schedule 4 Other matters
35: Other savings and transitional matters
The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment of an entity under this Part, including the transfer of functions formerly carried out by the entity.