Health Sector (Transfers) Act 1993

1: Short Title and commencement
1: This Act may be cited as the Health Sector (Transfers)
2: Except as provided in subsections (3) and (4) and in sections 26(3) 28(2)
3: Sections 2 3 13
4: Sections 16 to 24 26(1) 27(3) and (4) 30(2) and (4) 31 32 Schedules 2 4 5 Section 1(1) amended 1 January 2001 section 4(2) Health Sector (Transfers) Amendment Act 2000
2: Interpretation
1: In this Act, unless the context otherwise requires,— agreement area health board section 6 of the Area Health Boards Act 1983 assets
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 financial products within the meaning of the Financial Markets Conduct Act 2013
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 Crown endowment Health New Zealand Health New Zealand
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 Health New Zealand as a Crown endowment; and
b: was either—
i: granted by the Crown to Health New Zealand or to any of its predecessors in title; or
ii: vested in Health New Zealand 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, Health New Zealand 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) employee section 6 Health Benefits Limited Companies Act 1993 hospital board section 25 of the Hospitals Act 1957 HQSC section 59A liabilities
a: liabilities and obligations under any Act or agreement; and
b: debt securities within the meaning of the Financial Markets Conduct Act 2013
c: contingent liabilities; and
d: interests of any kind in any of the foregoing Māori Health Authority section 4 predecessor in title Health New Zealand, means any of its predecessors in title that was a DHB, publicly-owned health and disability organisation
a: means Health New Zealand, the Māori Health Authority, NZBOS, HQSC, and Pharmac; and
b: includes any companies wholly or partially owned by those organisations rights transfer
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
e: in all provisions of this Act other than section 4 section 5
f: vest under clause 10 and the word transferred transfer date section 4 section 5 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) to be a transferee for the purposes of this Act 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 transferring Ministers
2: Unless the context otherwise requires, terms defined in section 4
3: Unless the context otherwise requires, in this Act,—
a: a reference to transfer authorise
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.
7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) assets amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) CHFA repealed 1 July 2012 section 34 New Zealand Public Health and Disability Amendment Act 2012 Section 2(1) Crown endowment inserted 1 January 2001 section 5(2) Health Sector (Transfers) Amendment Act 2000 Section 2(1) Crown endowment amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) Crown endowment land replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) Crown entity inserted 1 January 2001 section 5(2) Health Sector (Transfers) Amendment Act 2000 Section 2(1) employee substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 2(1) Health Benefits Limited inserted 1 January 2001 section 5(2) Health Sector (Transfers) Amendment Act 2000 Section 2(1) HPA repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) HQSC inserted 9 November 2010 section 29(2) New Zealand Public Health and Disability Amendment Act 2010 Section 2(1) liabilities amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) Māori Health Authority inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) predecessor in title inserted 1 January 2001 section 5(2) Health Sector (Transfers) Amendment Act 2000 Section 2(1) predecessor in title amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) publicly-owned health and disability organisation replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) RHMU repealed 17 May 2005 section 5(2) New Zealand Public Health and Disability Amendment Act 2005 Section 2(1) transfer paragraph (f) amended 1 January 2001 section 5(3) Health Sector (Transfers) Amendment Act 2000 Section 2(1) transferee substituted 1 January 2001 section 5(1) Health Sector (Transfers) Amendment Act 2000 Section 2(1) transferor substituted 1 January 2001 section 5(1) Health Sector (Transfers) Amendment Act 2000 Section 2(2) substituted 1 January 2001 section 5(4) Health Sector (Transfers) Amendment Act 2000 Section 2(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(6) added 1 January 2001 section 5(5) Health Sector (Transfers) Amendment Act 2000 Section 2(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
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 Health New Zealand or the Māori Health Authority
c: to permit Health New Zealand or the Māori Health Authority Section 2A inserted 1 January 2001 section 6 Health Sector (Transfers) Amendment Act 2000 Section 2A(b)﻿(ii) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2A(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
3: Act to bind the Crown
This Act binds the Crown. Transfer of assets and liabilities
4: Transfer of assets and liabilities by agreement
1: Without limiting section 5
a: transfer to any transferee any assets or liabilities of the transferor:
b: authorise any transferee to act on behalf of the transferor in providing goods or services, or in managing assets or liabilities, of the transferor— for such consideration (if any), and on such terms and conditions (if any), as the transferring Ministers may agree with the transferee.
2: The Minister shall lay before the House of Representatives a copy of any agreement entered into under subsection (1) within 12 sitting days after the date of that agreement.
5: Transfer of assets and liabilities by Order in Council
1: Without limiting section 4
a: approve a proposal that has been prepared in accordance with this section for the purpose of—
i: transferring assets or liabilities or both from 1 or more transferors to 1 or more transferees; or
ii: authorising 1 or more transferees to act on behalf of 1 or more transferors in providing goods or services or in managing assets or liabilities or both; and
b: state the date (and, if considered appropriate, the time) upon which the proposal or any part of the proposal is to take effect.
2: Every proposal prepared for the purposes of this section shall—
a: state the names of each transferor and transferee; and
b: contain a description of each asset and liability to be transferred, either individually or as a group or class, or, in respect of any such asset or liability, identify a means by which, or a document in which, the asset or liability is so described; and, for the purposes of this paragraph, a class of assets or liabilities may comprise all or any of the assets or liabilities for the time being of a transferor; and
c: except in the case of contracts of service or assets of which the transferor is not the beneficial owner, state the value attributed for the purposes of the transfer to each asset and liability to be transferred, either individually or as a group or class, and the names of the transferor and transferee concerned; and
d: state any authorities that are to be granted to a transferee; and
e: specify any provisions of the proposal that are to constitute rights or obligations of any specified transferors or transferees; and
f: specify the class, number, nominal value, and terms of the shares, if any, that shall be issued by a transferee in connection with the vesting in it of the assets, or assets and liabilities, referred to in the proposal; and
g: specify the class, number, nominal value, and terms of the debt securities, if any, that shall be issued by a transferee in connection with the vesting in it of the assets, or assets and liabilities, referred to in the proposal; and
h: where a person to whom any such shares or debt securities are to be issued is a company or other person, specify the class, number, nominal value, and terms of any shares or debt securities, or both, that shall be issued by that person in connection with the issue to it of the first-mentioned shares or debt securities; and
i: specify the transferors or other persons to whom shall be issued the shares or debt securities referred to in paragraphs (f) to (h) (and such persons need not be the transferors of the assets, or assets and liabilities, in connection with which the shares or debt securities are issued); and
j: contain such other provisions as the transferring Ministers think fit; and
k: be signed by the transferring Ministers; and
l: be laid before the House of Representatives by the Minister of Health within 12 sitting days of its being approved by the Governor-General by Order in Council.
3: Where a proposal is approved by the Governor-General by Order in Council, except as otherwise specified in the proposal or in the order,—
a: all assets and liabilities of a transferor that the proposal states are to be transferred to a transferee shall, by virtue of this Act, vest in that transferee with effect from the commencement of the transfer date; and
b: all authorities that the proposal states are to be granted to a transferee shall be deemed to be granted to the transferee with effect from the commencement of the transfer date; and
c: where the proposal states that specified provisions of the proposal are to constitute rights or obligations of specified transferors or transferees, those provisions shall be deemed to constitute such rights or obligations with effect from the commencement of the transfer date; and
d: where the proposal states that shares are to be issued by a company, the shareholders of the company shall on or before the transfer date resolve to increase the capital of the company to the amount necessary for the issue of the shares and the persons specified in the proposal shall on or before the transfer date subscribe for or be issued with shares in accordance with the proposal, and the shares shall be deemed to be paid up to the extent (if any) specified in the proposal with effect from the commencement of the transfer date; and
e: where the proposal states that debt securities are to be issued by a person, the debt securities shall be deemed to have been issued by that person in accordance with the proposal with effect from the commencement of the transfer date.
4: Subject to subsection (5), the Governor-General may, by Order in Council made on the recommendation of the transferring Ministers, approve an amendment to a proposal approved under subsection (1) at any time or times. Any such amendment shall come into effect on a date (and at the time, if any) specified in the order (which date may be the transfer date for the proposal or any date after that transfer date).
5: Where a transferee referred to in a proposal is a person declared by Order in Council to be a transferee for the purposes of this Act, neither the proposal nor any amendment to the proposal shall be approved by the Governor-General by Order in Council unless the proposal or amendment has been agreed to by the transferee.
6: An Order in Council under this section—
a: shall identify the proposal or amendment approved, but need not incorporate it in the order; and
b: is secondary legislation ( see Part 3
7: Nothing in this section prevents assets or liabilities being transferred to a transferee for a consideration other than the issue of shares or debt securities. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5(6)﻿(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
6: Application of transfer to third parties
1: Nothing effected or authorised by any of sections 4 5
a: shall be regarded as placing a transferor or any other person in breach of, or default under, any agreement, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong:
b: shall be regarded as giving rise to a right for any person to—
i: terminate or cancel or modify an agreement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance:
c: shall be regarded as placing a transferor or any other person in breach of any enactment or rule of law or provision of an agreement prohibiting, restricting, or regulating the transfer of any assets or liabilities or the disclosure of any information:
d: shall release any surety from any obligation:
e: shall invalidate or discharge any agreement or security.
2: Where an asset or liability of a transferor is transferred from a transferor to a transferee under this Act,—
a: where the transfer is registrable (other than under the Land Transfer Act 2017
b: the laying before the House of Representatives of any agreement or proposal relating to the transfer shall be deemed to be notice of the transfer, and any third party shall with effect from the commencement of the transfer date (or such other time as is specified in the agreement, proposal, or Order in Council) deal with the transferee in place of the transferor:
c: subject to subsection (3), where the Crown is not the transferor, without limiting the liability of the transferee, the Crown shall be liable to any third party as if the asset or liability were that of the Crown but shall be indemnified by the transferee in respect of any liability to any third party:
d: subject to subsection (3), where the Crown is the transferor, without limiting the liability of the transferee, the Crown shall remain liable to any third party as if the asset or liability had not been transferred but shall be indemnified by the transferee in respect of any liability to any third party:
e: any satisfaction or performance by the transferee in respect of the asset or liability shall be deemed to be also satisfaction or performance by the transferor and (if the transferor is not the Crown) by the Crown:
f: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the transferee shall be deemed to be also to the benefit of the transferor and (if the transferor is not the Crown) of the Crown.
3: Notwithstanding subsection (2) or any other enactment or rule of law, the Crown shall not be liable by virtue of that subsection to a third party in respect of an asset or liability transferred to a transferee under this Act—
a: to the extent (if any) that the third party has agreed that—
i: the Crown shall not be so liable; or
ii: the asset or liability may be transferred to the transferee or to any person on the basis that the transferor would cease to be liable, and the Crown would not become liable, in respect of the asset or liability; or
b: if, under any law of general application and without the third party's consent, the asset or liability could have been transferred to the transferee or to any person on the basis that the transferor ceased to be liable in respect of the asset or liability. Section 6(1) amended 1 January 2001 section 7 Health Sector (Transfers) Amendment Act 2000 Section 6(2)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017
7: Transfer of area health board loans and sinking funds
1: Sections 32 to 34, 40, 46, 52 to 55, 57 to 92, 103, 130, and 130A, and Part 5, of the Local Authorities Loans Act 1956
2: Subject to subsection (3), where any loan raised by the issue of debentures or stock in respect of which an area health board is (or, immediately before the transfer, was) liable, is transferred by or pursuant to this Act, the transferee shall succeed to the same rights and obligations in respect of any sinking fund established in order to provide money for the repayment of that loan as the area health board had immediately prior to the transfer.
3: Notwithstanding section 86(5) of the Local Authorities Loans Act 1956
a: the Minister of Finance may, after consultation with the Commissioners, give written notice to the Commissioners requiring them to comply with paragraph (b) on a date specified in the notice (being a date that is at least 4 weeks after the date on which the notice is received by the Commissioners):
b: where a notice is given under paragraph (a), the Commissioners shall, after deducting—
i: any amounts payable from the fund to them or any other person; and
ii: any amount required to compensate the Commissioners for loss of their role as Commissioners of the fund,— transfer the money and other assets representing the fund to the Residual Health Management Unit:
c: from the date specified in the notice given under paragraph (a), the fund shall cease to exist and—
i: no further payments shall be made into it; and
ii: the money and other assets transferred to the Unit shall be the property of the Unit to be used or applied as it thinks fit:
d: no liability shall be incurred by the Commissioners in respect of the fund after the transfer to the Unit of the money and assets representing the fund (other than any liability for actions or omissions before the transfer).
8: Taxation consequences of transfers of assets and liabilities
1:
2: No gift duty shall be payable under the Estate and Gift Duties Act 1968 section 4 section 5
3: A transfer of assets or liabilities from a transferor to a transferee pursuant to an agreement entered into under section 4 section 5 Goods and Services Tax Act 1985
4: Nothing in sections CB 6 to CB 23 EE 44 to EE 52 section 4 section 5
5: For the purposes of the Income Tax Act 2007 section 4 section 5
a: on the date on which such assets or liabilities are transferred to the transferee under the agreement or the proposal; and
b: for a consideration equal, in the case of transfer by an agreement under section 4 section 5
6: Nothing in sections EE 41 to EE 43 of the Income Tax Act 2007 section 4 section 5 Section 8(1) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 Section 8(4) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 8(5) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 8(6) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
9: Further provisions applying to transfer of assets and liabilities
The provisions set out in Schedule 1
a: each transfer of assets or liabilities, or both, pursuant to this Act; and
b: each agreement entered into under section 4
c: each proposal approved under section 5 Assets held in trust or subject to restrictions Heading 1 January 2001 section 8 Health Sector (Transfers) Amendment Act 2000
10: Assets to remain subject to trusts
For the avoidance of doubt, it is hereby declared that, subject to sections 11 to 11D Section 10 amended 1 January 2001 section 9 Health Sector (Transfers) Amendment Act 2000
11: Assets held in trust
1: If an asset is held in trust by a transferor or transferee, the Minister may request the Attorney-General to determine either, or both, of the following matters:
a: whether, and to whom, the asset should be transferred:
b: the extent to which the terms of the trust should be modified.
2: If the Attorney-General is requested to determine a matter under subsection (1), Public Trust
3: Public Trust it
4: Every scheme under subsection (2) shall—
a: be prepared, and submitted, to the Attorney-General as soon as reasonably practicable; and
b: be accompanied by full information as to all the facts upon which any transfer or modification is proposed; and
c: effect the minimum change necessary to enable the trust to operate satisfactorily in the light of the transfer of the asset.
5: The Attorney-General shall, as soon as reasonably practicable after receiving a scheme submitted under subsection (4),—
a: approve the scheme (as originally submitted or with amendments agreed by Public Trust
b: recommend amendments to the scheme; or
c: direct that the scheme should not proceed, in which event the matter shall be dealt with under the Charitable Trusts Act 1957
6: No scheme shall be approved by the Attorney-General under this section unless the Attorney-General is satisfied that the scheme is a proper one and is not contrary to law, public policy, or good morals.
7: Where a scheme is approved by the Attorney-General under subsection (5), the transferor or transferee (as the case may be) shall forthwith take all steps necessary to implement the scheme, and the terms governing the trust shall be deemed to be modified or amended to the extent necessary to enable implementation of the scheme.
8: The transferor and the transferee shall, upon transfer of any asset in accordance with a scheme which has been approved by the Attorney-General under subsection (5), cease to be liable in respect of any express or implied trust upon which it held the asset, but shall remain liable for any misappropriation or wilful negligence.
9: Nothing in this section shall limit the provisions of any other enactment or rule of law relating to the variation of trusts.
10: The reasonable costs of Public Trust Section 11(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 11(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 11(5)﻿(a) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 11(10) amended 1 March 2002 section 170(1) Public Trust Act 2001
11A: Power of
Health New Zealand and Māori Health Authority
1: Subject to this section and section 99
2: The proceeds of any sale effected pursuant to subsection (1), and the land or money obtained by any exchange effected pursuant to subsection (1), are to be subject, so far as may be practicable, to the same trusts as the land so disposed of, or to any similar trusts that the Attorney-General may approve.
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) may not be exercised if the sale of the land is expressly prohibited by a term of the trust.
5: Any question as to whether subsection (4) prevents the sale of any land may be determined by the Attorney-General.
6: No mortgage or charge given by Health New Zealand or the Māori Health Authority 1983 No 134 ss 75, 77(3) Section 11A inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11A heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11A(1) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11A(6) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11B: Power of Minister of Health to cancel Crown endowment
1: The Minister of Health may, by written notice given to Health New Zealand or the Māori Health Authority, declare that any land vested in Health New Zealand or the Māori Health Authority
2: Where a notice is given by the Minister of Health under subsection (1), from the date of the notice the land—
a: ceases to be subject to the Crown endowment; and
b: subject to section 99
3: The Attorney-General may declare any land vested in Health New Zealand or the Māori Health Authority
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. Section 11B inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11B(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11B(2)﻿(b) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11B(3) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11C: Power of DHB to apply proceeds of sale of Crown endowment land
1: Subject to subsection (2), where Health New Zealand or the Māori Health Authority holds in trust the proceeds of the sale of any land (being land that was, at the time of the sale, subject to a Crown endowment), Health New Zealand or the Māori Health Authority may, despite the terms of that endowment, and whether the land was sold before or after the commencement of this section, apply the proceeds of the sale—
a: for the purposes of any health services or disability support services, or both, provided by Health New Zealand or the Māori Health Authority; or
b: for any purpose for which Health New Zealand or the Māori Health Authority may lawfully apply its own property.
2: The power conferred by subsection (1) may be exercised in respect of the proceeds of the sale of any land only if the Attorney-General, by written notice given to Health New Zealand or the Māori Health Authority
3: A notice may be given under subsection (2) in respect of land sold by Health New Zealand or the Māori Health Authority
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. Section 11C inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11C(1) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11C(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11C(3) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11D: Saving in respect of Charitable Trusts Act 1957
Nothing in this Act prevents Health New Zealand or the Māori Health Authority Part 3 Section 11D inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11D amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
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 section 25(3) Part 4
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
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) is subject to,—
a: if granted by a publicly-owned health and disability organisation or a subsidiary of such an organisation, section 99
b: if granted by a transferee that is not a publicly-owned health and disability organisation or a subsidiary of such an organisation, section 99
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 Section 11E inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11E(8)﻿(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11E(8)﻿(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11F: Saving in respect of Public Works Act 1981
Nothing in sections 11A to 11E clause 3 Section 11F inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000
11G: Saving in respect of Waikato Raupatu Claims Settlement Act 1995 and Ngāi Tahu Claims Settlement Act 1998
Nothing in sections 11A to 11E
a: section 11
b: Part 9 Section 11G inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000
11H: Part 4A of Conservation Act 1987
1: Subject to subsections (2) to (5), the provisions of Part 4A
2: The provisions of Part 4A
a: is land that,—
i: before being transferred to, or vested in, the transferee under this Act or the Pae Ora (Healthy Futures) Act 2022
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
ii: a transfer under this Act; or
c: is land being transferred to or vested in the Crown.
3: Despite subsection (1), the Registrar-General of Land is not obliged to take any action under section 24D Land Transfer Act 2017
4: The certificate required by subsection (3) must—
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 4A
c: state the action that the Registrar-General of Land is required to take under section 24D
d: specify the record of title section 24D
5: Nothing in this section limits the provisions of clause 6 Section 11H inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11H(2)﻿(a)﻿(i) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11H(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 11H(4)﻿(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Transfer of employees
12: Transfer of employees by agreement or Order in Council
1: Where the rights and obligations of a transferor under a contract of service between the transferor and an employee of the transferor are transferred to a transferee under section 4 section 5
a: the employee shall, with effect from the commencement of the transfer date, become an employee of the transferee; and the contract of service shall, from the commencement of that date, apply as a contract between the employee and the transferee; and
b: the contract of service shall be deemed to have been unbroken and the employee's period of service with the transferor, and every other period of service of the employee that is recognised by the transferor as continuous service, shall be deemed to have been a period of service with the transferee; and
c: the employee shall be employed by the transferee with effect from the commencement of the transfer date in the same or substantially the same capacity as the capacity in which the employee is employed immediately before the transfer date; and
d: the employee shall not be entitled to receive any payment or other benefit (including a benefit under any superannuation scheme) by reason of—
i: the transfer; or
ii: the employee ceasing to be an employee of the transferor; or
iii: any change in the capacity in which the employee is employed, so long as the new capacity is substantially the same as the previous capacity.
2: Where any rights and obligations of a transferor under a contract of service arise by virtue of a collective employment contract and such rights and obligations are transferred to a transferee under section 4 section 5
13: Restrictions on redundancy and other entitlements
1: Where an employee of a transferor receives a reasonable offer of employment from any transferee on or before the date on which the employee ceases to be employed by the transferor, being an offer of employment on terms and conditions that are substantially similar to the terms and conditions applying to the employee at the date on which the employee ceases to be employed by the transferor, then, except as otherwise determined by the Minister but notwithstanding the terms of that employee's contract of service with the transferor, the employee shall not be entitled to receive any payment or other benefit from the transferor by reason of so ceasing, whether or not the employee accepts that offer of employment from the transferee.
2: Where an employee of a transferor ceases for any reason (including redundancy) to be an employee of the transferor but is employed (in any capacity) by a transferee within 9 months of so ceasing (whether or not that employment with the transferee commenced before the employee ceased employment with the transferor), then, notwithstanding the terms of that employee's contract of service with the transferor,—
a: the entitlement of that employee to receive or to retain any payment or other benefit from the transferor or from any other person by reason of so ceasing shall be determined in accordance with a scale fixed by the Minister; and
b: if such a payment or other benefit has been paid to or for the benefit of the employee, the employee shall repay all or such part of the payment or other benefit in accordance with a scale fixed by the Minister.
3: In fixing a scale for the purposes of subsection (2), the Minister shall have regard to the period that has elapsed between the employee ceasing to be employed by the transferor and becoming an employee of a transferee.
4: Every amount payable by an employee under subsection (2)﻿(b) shall constitute a debt due from the employee to the person who paid it (or, if that person was an area health board, to the Crown Health Financing Agency
5: The Minister may vary a scale in respect of a particular employee where the Minister is satisfied that—
a: undue hardship to the employee would otherwise result; or
b: it is reasonable to do so having regard to the extent to which the employee's terms and conditions of employment with the transferee differ from those with the transferor.
6: This section shall apply only to those employees who cease to be employed by a transferor on or before 31 December 1994. Section 13(4) amended 17 May 2005 section 5(2) New Zealand Public Health and Disability Amendment Act 2005
14: National Provident superannuation schemes
Where—
a: the rights and obligations of a transferor under a contract of service between the transferor and an employee of the transferor are transferred to a transferee under section 4 section 5
b: the employee was, immediately before the date on which the transfer takes effect, a member of a superannuation scheme of which the Board of Trustees of the National Provident Fund is trustee; and
c: the transferor was, immediately before that date, a corporate contributor to that scheme,— the transferee shall on and from that date be obliged to contribute to that scheme in respect of that employee in accordance with the terms of the scheme and shall be deemed to be a local authority for the purposes of section 40
15: Application of Government Superannuation Fund Act 1956
1: For the purposes of the Government Superannuation Fund Act 1956
2: Subject to the Government Superannuation Fund Act 1956
3: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority Residual Health Management Unit Heading repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
16: Establishment of Unit
Section 16 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
17: Functions of Unit
Section 17 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
18: Board of Unit
Section 18 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
19: Unit to be Crown entity
Section 19 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
20: Directions
Section 20 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
21: Further provisions applying to Unit
Section 21 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000 Abolition of area health boards
22: Abolition of area health boards
Section 22 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
23: Repeal of enactments relating to area health boards
1: The enactments specified in Part 1
2: The orders and the determination specified in Part 2 Amendments to Social Security Act 1964
24: Repeal of Part 2 of Social Security Act 1964
1: Amendment(s) incorporated in the Act(s)
2: The enactments specified in Part 3
3: The enactments specified in Part 4
4: Section 24(4) repealed 1 January 1995 section 19 Patents Amendment Act 1994
25: Regulations
1: The Governor-General may from time to time, by Order in Council, in accordance with the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing the maximum amounts that persons or classes of persons specified in the regulations may charge in respect of any health services or disability services specified in the regulations for which payments are made by purchasers, being maternity, immunisation, diagnostic, pharmaceutical, or other services for which the amounts that could be charged were limited by any Act or regulations on the day before the day on which this section comes into force:
b: defining classes of services or persons for the purposes of any regulations made under this section, which classes may be defined by reference to such criteria, circumstances, or matters as are specified in the regulations, including, but not by way of limitation, the income of the persons:
c: prescribing transitional and savings provisions relating to the coming into force of section 24 Part 2 Part 3 Part 4
2: Before making any recommendation that regulations be made under subsection (1)﻿(a), the Minister shall consult as to the principal contents of the proposed regulations with such persons, or representatives of the persons or classes of persons to be specified in the regulations, as the Minister thinks fit.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Amendments to Disabled Persons Community Welfare Act 1975 Heading repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
26: Amendments to Disabled Persons Community Welfare Act 1975
Section 26 repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001 Amendments to Public Finance Act 1989
27: Amendments to Public Finance Act 1989
Amendment(s) incorporated in the Act(s) Amendments to Building Act 1991
28: Amendments to Building Act 1991
Amendment(s) incorporated in the Act(s). Application of Commerce Act 1986 Heading repealed 6 July 1994 section 2(6) Finance Act 1994
29: Application of Commerce Act 1986
Section 29 repealed 6 July 1994 section 2(6) Finance Act 1994 Amendments to Ombudsmen Act 1975
30: Amendments to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s) Amendment to Dental Act 1988 Heading repealed 18 September 2004 section 175(4) Health Practitioners Competence Assurance Act 2003
31: New sections substituted
Section 31 repealed 18 September 2004 section 175(4) Health Practitioners Competence Assurance Act 2003 Amendments to other Acts
32: Amendments to other Acts
The enactments specified in Schedule 4