Pae Ora (Healthy Futures) Act 2022

1: Title
This Act is the Pae Ora (Healthy Futures) Act 2022.
2: Commencement
This Act comes into force on 1 July 2022.
1: Preliminary provisions
3: Purpose of this Act
The purpose of this Act is to provide for the public funding and provision of services in order to—
a: protect, promote, and improve the health of all New Zealanders; and
b: achieve equity in health outcomes among New Zealand’s population groups, including by striving to eliminate health disparities, in particular for Māori; and
c: build towards pae ora (healthy futures) for all New Zealanders.
4: Interpretation
In this Act, unless the context otherwise requires,— code of expectations for consumer and whānau engagement in the health sector section 59 Director-General Public Service Act 2020 disability support services
a: provided to people with disabilities for their care or support or to promote their inclusion and participation in society and their independence; or
b: provided for purposes related or incidental to the care or support of people with disabilities or to the promotion of their inclusion and participation in society and their independence Government Policy Statement GPS section 34 Hauora Māori Advisory Committee section 89 health entity Health New Zealand section 11 health sector principles section 7(1) health strategy
a: the New Zealand Health Strategy:
b: the Hauora Māori Strategy:
c: the Pacific Health Strategy:
d: the Health of Disabled People Strategy:
e: the Women’s Health Strategy:
f: the Rural Health Strategy HQSC section 78 iwi-Māori partnership board Schedule 4 locality section 54 Māori Health Authority section 17 Minister of Health Minister ministerial committee section 87 Ministry of Health Ministry New Zealand Health Charter charter section 57 New Zealand Health Plan section 50 New Zealand Health Strategy section 41 NZBOS section 75 personal health personal health services
a: means goods, services, and facilities provided to an individual for the purpose of improving or protecting the health of that individual, whether or not they are also provided for another purpose; and
b: includes goods, services, and facilities provided for related or incidental purposes Pharmac section 67 pharmaceutical pharmaceutical schedule provider public health
a: all the people of New Zealand; or
b: a population group, community, or section of people within New Zealand Public Health Agency section 3E public health services
a: regulatory functions relating to health or disability matters; and
b: health protection and health promotion services; and
c: goods, services, and facilities provided for related or incidental functions or purposes publicly available
a: is administered by or on behalf of the Ministry or a health entity; and
b: is publicly available as far as practicable and free of charge services
a: personal health services; and
b: public health services; and
c: disability support services; and
d: services provided to a person who has requested assisted dying under the End of Life Choice Act 2019 statement of intent Crown Entities Act 2004
5: Guide to this Act
1: Part 1
2: Part 2 Part 2
3: Part 3
4: Part 4
5: This section is intended as a guide only.
6: Te Tiriti o Waitangi (the Treaty of Waitangi)
In order to provide for the Crown’s intention to give effect to the principles of te Tiriti o Waitangi (the Treaty of Waitangi), this Act—
a: requires the Minister, the Ministry, and all health entities to be guided by the health sector principles, which, among other things, are aimed at improving the health sector for Māori and improving hauora Māori outcomes; and
b: establishes the Māori Health Authority and sets out its objectives and functions; and
c: requires the Minister—
i: to establish a permanent committee, the Hauora Māori Advisory Committee, to advise the Minister; and
ii: to seek that committee’s advice before exercising certain powers; and
d: requires the Minister to have regard to any advice of the Māori Health Authority when determining a health strategy; and
e: requires the Hauora Māori Strategy to be jointly prepared by the Māori Health Authority and the Ministry; and
f: provides for iwi-Māori partnership boards to enable Māori to have a meaningful role in the planning and design of local services; and
g: requires the Government Policy Statement to contain priorities for hauora Māori; and
h: requires Health New Zealand and the Māori Health Authority to engage with iwi-Māori partnership boards; and
i: requires Health New Zealand and the Māori Health Authority to jointly develop and implement a New Zealand Health Plan and to work together in the performance of specified functions of Health New Zealand; and
j: includes, as criteria for appointment to the board of the Māori Health Authority, that the board collectively has knowledge of, and experience and expertise in relation to, te Tiriti o Waitangi (the Treaty of Waitangi), tikanga Māori, mātauranga Māori, kaupapa Māori services, and cultural safety and responsiveness of services; and
k: includes, as criteria for appointment to the board of Health New Zealand, that the board collectively has knowledge of, and experience and expertise in relation to, te Tiriti o Waitangi (the Treaty of Waitangi) and tikanga Māori; and
l: requires the board of Health New Zealand to maintain systems and processes to ensure that Health New Zealand has the capacity and capability to understand te Tiriti o Waitangi (the Treaty of Waitangi), mātauranga Māori, and Māori perspectives of services; and
m: requires the Māori Health Authority—
i: to have systems in place for the purpose of engaging with Māori and enabling responses from that engagement to inform the performance of its functions; and
ii: to support and engage with iwi-Māori partnership boards; and
n: requires the Māori Health Authority to report back to Māori on how the engagement under section 20
7: Health sector principles
1: For the purpose of this Act, the health sector principles are as follows:
a: the health sector should be equitable, which includes ensuring Māori and other population groups—
i: have access to services in proportion to their health needs; and
ii: receive equitable levels of service; and
iii: achieve equitable health outcomes:
b: the health sector should engage with Māori, other population groups, and other people to develop and deliver services and programmes that reflect their needs and aspirations, for example, by engaging with Māori to develop, deliver, and monitor services and programmes designed to improve hauora Māori outcomes:
c: the health sector should provide opportunities for Māori to exercise decision-making authority on matters of importance to Māori and for that purpose, have regard to both—
i: the strength or nature of Māori interests in a matter; and
ii: the interests of other health consumers and the Crown in the matter:
d: the health sector should provide choice of quality services to Māori and other population groups, including by—
i: resourcing services to meet the needs and aspirations of iwi, hapū, and whānau, and Māori (for example, kaupapa Māori and whānau-centred services); and
ii: providing services that are culturally safe and culturally responsive to people’s needs; and
iii: developing and maintaining a health workforce that is representative of the community it serves; and
iv: harnessing clinical leadership, innovation, technology, and lived experience to continuously improve services, access to services, and health outcomes; and
v: providing services that are tailored to a person’s mental and physical needs and their circumstances and preferences; and
vi: providing services that reflect mātauranga Māori:
e: the health sector should protect and promote people’s health and wellbeing, including by—
i: adopting population health approaches that prevent, reduce, or delay the onset of health needs; and
ii: undertaking promotional and preventative measures to protect and improve Māori health and wellbeing; and
iii: working to improve mental and physical health and diagnose and treat mental and physical health problems equitably; and
iv: collaborating with agencies and organisations to address the wider determinants of health; and
v: undertaking promotional and preventative measures to address the wider determinants of health, including climate change, that adversely affect people’s health.
2: When performing a function or exercising a power or duty under this Act, the Minister, the Ministry, and each health entity must be guided by the health sector principles—
a: as far as reasonably practicable, having regard to all the circumstances, including any resource constraints; and
b: to the extent applicable to them.
3: In subsection (1)﻿(d), lived experience
8: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
9: Act binds the Crown
This Act binds the Crown.
2: Key roles and health documents
1: Minister of Health
10: Overview of Minister’s role
1: The Minister’s role includes—
a: issuing a Government Policy Statement; and
b: determining the following health strategies:
i: New Zealand Health Strategy:
ii: Hauora Māori Strategy:
iii: Pacific Health Strategy:
iv: Health of Disabled People Strategy:
v: Women’s Health Strategy:
vi: Rural Health Strategy; and
c: approving the New Zealand Health Plan developed by Health New Zealand and the Māori Health Authority; and
d: endorsing the New Zealand Health Charter; and
e: approving a code of expectations for consumer and whānau engagement in the health sector; and
f: establishing committees under this Act; and
g: exercising intervention powers under sections 61 to 64
2: This section is intended as a guide only.
2: Health New Zealand
11: Health New Zealand established
1: Health New Zealand is established.
2: Health New Zealand is a Crown agent within the meaning of section 10(1)
3: The Crown Entities Act 2004
12: Board of Health New Zealand
1: The board of Health New Zealand consists of not fewer than 5, and not more than 8, members.
2: The Minister must appoint the members of the board (other than the member referred to in subsection (4)) and the chairperson.
3: When appointing members, the Minister must be satisfied that the board collectively has knowledge of, and experience and expertise in relation to,—
a: te Tiriti o Waitangi (the Treaty of Waitangi) and tikanga Māori; and
b: the public funding and provision of services; and
c: public sector governance and government processes; and
d: financial management.
4: The chairperson of the Māori Health Authority (or the nominated co-chairperson referred to in section 22(3)
a: is, by virtue of holding that office, a member of the board of Health New Zealand with voting rights; and
b: may delegate that membership to a deputy chairperson of the Māori Health Authority.
13: Objectives of Health New Zealand
The objectives of Health New Zealand are—
a: to design, arrange, and deliver services to achieve the purpose of this Act in accordance with the health sector principles; and
b: to encourage, support, and maintain community participation in health improvement and service planning; and
c: to promote health and prevent, reduce, and delay ill-health, including by collaborating with other agencies, organisations, and individuals to address the determinants of health.
14: Functions of Health New Zealand
1: The functions of Health New Zealand are to—
a: jointly develop and implement a New Zealand Health Plan with the Māori Health Authority; and
b: own and operate services; and
c: provide or arrange for the provision of services at a national, regional, and local level; and
d: develop and implement commissioning frameworks and models for the purpose of paragraph (c); and
e: set requirements and specifications for publicly funded services; and
f: develop and implement locality plans; and
g: undertake health workforce planning; and
h: collaborate with relevant entities to improve the capability and capacity of the health workforce; and
i: undertake and promote public health measures, including commissioning services to deliver public health programmes specified by the Public Health Agency; and
j: improve service delivery and outcomes for all people at all levels within the publicly funded health sector; and
k: collaborate with other agencies, organisations, and individuals to improve health and wellbeing outcomes and to address the wider determinants of health outcomes; and
l: work with the Māori Health Authority when performing any function in paragraphs (c) to (k); and
m: contribute to key health documents in subpart 6
n: engage with iwi-Māori partnership boards; and
o: evaluate the delivery and performance of services provided or funded by Health New Zealand; and
p: provide accessible and understandable information to the public about services funded by Health New Zealand; and
q: undertake and support research relating to health; and
r: provide, or arrange for the provision of, services on behalf of the Crown or any Crown entity within the meaning of the Crown Entities Act 2004
s: perform or exercise the functions, duties, and powers conferred or imposed on it by this Act or any other enactment; and
t: perform any other functions relevant to its objectives that the responsible Minister directs in accordance with section 112
2: Health New Zealand must give effect to the GPS and the New Zealand Health Plan when performing its functions.
3: In performing any of its functions in relation to the supply of pharmaceuticals, Health New Zealand must not act inconsistently with the pharmaceutical schedule.
15: Health New Zealand must provide information to iwi-Māori partnership boards
Health New Zealand must provide sufficient and timely information to iwi-Māori partnership boards to support them in achieving their purpose in section 29
16: Additional collective duties of board of Health New Zealand
1: The board must ensure that Health New Zealand—
a: acts in a manner consistent with the GPS and the New Zealand Health Plan; and
b: works collaboratively with the Māori Health Authority; and
c: operates in a financially responsible manner and, for that purpose, endeavours to cover all its annual costs (including the cost of capital) from its net annual income; and
d: maintains systems and processes to ensure that Health New Zealand—
i: has the capacity and capability to perform its functions; and
ii: has the capacity and capability to understand te Tiriti o Waitangi (the Treaty of Waitangi), mātauranga Māori, and Māori perspectives of services.
2: The duties of the board in subsection (1) are—
a: in addition to its duties in sections 49 to 52
b: collective duties owed to the Minister for the purposes of section 58
3: Māori Health Authority
17: Māori Health Authority established
1: The Māori Health Authority is established.
2: The Māori Health Authority is an independent statutory entity.
18: Objectives of Māori Health Authority
The objectives of the Māori Health Authority are to—
a: ensure that planning and service delivery respond to the aspirations and needs of whānau, hapū, iwi, and Māori in general; and
b: design, deliver, and arrange services—
i: to achieve the purpose of this Act in accordance with the health sector principles; and
ii: to achieve the best possible health outcomes for whānau, hapū, iwi, and Māori in general; and
c: promote Māori health and prevent, reduce, and delay the onset of ill-health for Māori, including by collaborating with other agencies, organisations, and individuals to address the determinants of Māori health.
19: Functions of Māori Health Authority
1: The functions of the Māori Health Authority are to—
a: jointly develop and implement a New Zealand Health Plan with Health New Zealand; and
b: own and operate services; and
c: improve service delivery and outcomes for Māori at all levels of the health sector; and
d: collaborate with other agencies, organisations, and individuals to improve health and wellbeing outcomes for Māori and to address the wider determinants of health for Māori; and
e: provide accessible and understandable information to Māori on the performance of the publicly funded health sector; and
f: commission kaupapa Māori services and other services developed for Māori in accordance with the New Zealand Health Plan; and
g: review locality plans developed by Health New Zealand and participate in the processes set out in sections 54 55
h: undertake and promote public health measures, including commissioning services to deliver public health programmes; and
i: provide policy and strategy advice to the Minister on matters relevant to hauora Māori; and
j: work with Health New Zealand when Health New Zealand performs any function in section 14(1)﻿(c) to (k)
k: contribute to key health documents in subpart 6
l: monitor the delivery of hauora Māori services by Health New Zealand and provide public reports on the results of that monitoring; and
m: monitor, in co-operation with the Ministry and Te Puni Kōkiri, the performance of the publicly funded health sector in relation to hauora Māori; and
n: support and engage with iwi-Māori partnership boards in accordance with section 21
o: design and deliver programmes for the purpose of improving the capability and capacity of Māori health providers and the Māori health workforce; and
p: collaborate with relevant entities for the purpose of improving the capability and capacity of the health workforce in relation to hauora Māori; and
q: undertake and support research relating to health; and
r: evaluate the delivery and performance of services provided or funded by the Māori Health Authority; and
s: provide, or arrange for the provision of, services on behalf of the Crown or any Crown entity within the meaning of the Crown Entities Act 2004
t: perform or exercise the functions, duties, and powers conferred or imposed on it by this Act or any other enactment; and
u: perform any other functions relevant to its objectives that the responsible Minister directs in accordance with section 112
2: The Māori Health Authority must give effect to the GPS and the New Zealand Health Plan when performing its functions.
20: Engaging with and reporting to Māori
1: The Māori Health Authority must—
a: have systems in place for the purpose of—
i: engaging with Māori in relation to their aspirations and needs for hauora Māori; and
ii: enabling the responses from that engagement to inform the performance of its functions; and
b: engage with relevant Māori organisations when—
i: jointly developing the New Zealand Health Plan with Health New Zealand; and
ii: advising on the GPS and any health strategy; and
iii: preparing its statement of intent and statement of performance expectations; and
c: report back to Māori from time to time on how engagement under this section has informed the performance of its functions.
2: In this section,— Māori organisation relevant Māori organisation
21: Māori Health Authority to support and engage with iwi-Māori partnership boards
The Māori Health Authority must—
a: take reasonable steps to support iwi-Māori partnership boards to achieve their purpose in section 29
i: providing administrative, analytical, or financial support where needed; and
ii: providing sufficient and timely information; and
b: engage with iwi-Māori partnership boards when determining priorities for kaupapa Māori investment.
22: Board of Māori Health Authority
1: The board of the Māori Health Authority consists of not fewer than 5, and not more than 8, members.
2: When appointing members, the Minister must be satisfied that the board, collectively, has knowledge of, and experience and expertise in relation to,—
a: te Tiriti o Waitangi (the Treaty of Waitangi), tikanga Māori, and mātauranga Māori; and
b: kaupapa Māori services; and
c: cultural safety and responsiveness of services; and
d: the public funding and provision of services; and
e: public sector governance and government processes; and
f: financial management.
3: The Minister must appoint a chairperson or 2 co-chairpersons of the board. If co-chairpersons are appointed, the Minister must nominate a co-chairperson to be a member of the board of Health New Zealand.
4: Sections 28 29
5: Section 32(1)﻿(a) and (2) to (4)
23: Removal of members
1: The Minister may at any time remove a member of the board of the Māori Health Authority from office if the Minister—
a: considers that the removal is justified for any reason; and
b: has consulted the Hauora Māori Advisory Committee and had regard to its views.
2: The removal must be made by written notice to the member (with a copy to the Māori Health Authority).
3: The notice must—
a: state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and
b: state the reasons for the removal.
4: The Minister must notify the removal in the Gazette
24: Financial operations of Māori Health Authority
The board of the Māori Health Authority must ensure that the Māori Health Authority operates in a financially responsible manner and, for that purpose, endeavours to cover all its annual costs (including the cost of capital) from its net annual income.
25: Application of Crown Entities Act 2004 to Māori Health Authority
The following provisions of the Crown Entities Act 2004
a: sections 15 16 17 to 35 41 to 78
b: subpart 3 section 98(1)﻿(c)
c: Part 3 sections 104 to 106 116
d: Part 4
e: Schedule 5 clause 4
26: Application of Anti-Money Laundering and Countering Financing of Terrorism Act 2009 to Māori Health Authority
The Anti-Money Laundering and Countering Financing of Terrorism Act 2009
27: Application of Public Service Act 2020 to Māori Health Authority
The following provisions of the Public Service Act 2020
a: sections 12 13
b: subpart 4
c: Part 4
28: Application of Public Records Act 2005
The Māori Health Authority is a public office for the purposes of the Public Records Act 2005
4: Iwi-Māori partnership boards
29: Purpose of iwi-Māori partnership boards
The purpose of iwi-Māori partnership boards is to represent local Māori perspectives on—
a: the needs and aspirations of Māori in relation to hauora Māori outcomes; and
b: how the health sector is performing in relation to those needs and aspirations; and
c: the design and delivery of services and public health interventions within localities.
30: Functions of iwi-Māori partnership boards
1: An iwi-Māori partnership board has the following functions:
a: to engage with whānau and hapū about local health needs, and communicate the results and insights from that engagement to Health New Zealand and the Māori Health Authority:
b: to evaluate the current state of hauora Māori in the relevant locality for the purpose of determining priorities for improving hauora Māori:
c: to work with Health New Zealand and the Māori Health Authority in agreeing to locality plans for a relevant locality:
d: to monitor the performance of the health sector in a relevant locality:
e: to engage with the Māori Health Authority and support its stewardship of hauora Māori and its priorities for kaupapa Māori investment and innovation:
f: to report on the activities of the Māori Health Authority to Māori within the area covered by the iwi-Māori partnership board:
g: to nominate members for appointment to the Hauora Māori Advisory Committee.
2: In this section, relevant locality
31: Recognition of iwi-Māori partnership boards
1: The criteria for recognition of an organisation as an iwi-Māori partnership board are as follows:
a: the boundaries of the area covered by the organisation (the area
b: the organisation has taken reasonable steps to engage with Māori communities and groups that—
i: are present in the area; or
ii: have interests in the area; and
c: the organisation’s constitutional and governance arrangements demonstrate that—
i: the organisation has the capacity and capability to perform its functions as an iwi-Māori partnership board; and
ii: the organisation will engage with, and represent the views of, Māori within the area; and
iii: Māori communities and groups in the area can hold the organisation accountable for the performance of its functions in relation to the area; and
d: the area is consistent with the effective functioning of iwi-Māori partnership boards as a whole.
2: The membership of an iwi-Māori partnership board—
a: must be determined by the board after it has complied with subsection (1)﻿(b) and the applicable requirements of its constitutional and governance arrangements; and
b: may be varied by the board in the same way.
3: An iwi-Māori partnership board may determine its own procedures.
4: If an organisation wishes to be recognised as an iwi-Māori partnership board,—
a: it must notify the Māori Health Authority; and
b: the Māori Health Authority must, if satisfied that the criteria in subsection (1) have been met, advise the Minister accordingly; and
c: the Minister must recommend the making of an Order in Council under subsection (7)﻿(a).
5: If 2 or more iwi-Māori partnership boards agree to vary or merge their boundaries,—
a: they must notify the Māori Health Authority; and
b: the Māori Health Authority must, if satisfied that the criteria in subsection (1) have been met, advise the Minister accordingly; and
c: the Minister must recommend the making of an Order in Council under subsection (7)﻿(b).
6: If the Māori Health Authority is satisfied that an iwi-Māori partnership board no longer meets the criteria in subsection (1) and that it is unlikely that the iwi-Māori partnership board will be able to meet the criteria within a reasonable period of time,—
a: the Māori Health Authority must advise the Minister accordingly; and
b: the Minister must recommend the making of an Order in Council under subsection (7)﻿(c).
7: The Governor-General may, by Order in Council, on the recommendation of the Minister made only on the advice of the Māori Health Authority, amend Schedule 4
a: recognising an organisation as an iwi-Māori partnership board; or
b: giving effect to an agreement to a variation or merger referred to in subsection (5); or
c: removing an iwi-Māori partnership board from Schedule 4
d: making any minor or consequential changes.
8: An organisation listed in column 1 of Schedule 4
9: An Order in Council made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
5: Disputes
32: Disputes between Health New Zealand, Māori Health Authority, and others
1: If Health New Zealand and the Māori Health Authority disagree on a matter that they are expected under this Act to work together on, jointly develop, or agree,—
a: either party may give written notice to the other party that it wishes to resolve the dispute in accordance with this section; and
b: as soon as practicable after a party has received written notice, the representatives of each party must meet and use their best endeavours to resolve the dispute.
2: If Health New Zealand, the Māori Health Authority, and an iwi-Māori partnership board (the parties
a: a party may give written notice to each other party that it wishes to resolve the dispute in accordance with this section; and
b: as soon as practicable after those parties have received written notice, the representatives of each party must meet and use their best endeavours to resolve the dispute.
3: The parties—
a: must refer the dispute to the Minister if they have not resolved it within 20 working days after the date on which a party (or the parties) received written notice under subsection (1)﻿(a) or (2)﻿(a); or
b: may refer the dispute to the Minister earlier if they agree.
4: The Minister may determine the dispute or a process to resolve the dispute and, for that purpose, may require any party to provide information to the Minister.
5: However, the Minister must, before acting under subsection (4), consult the Minister for Māori Development or the Minister for Māori Crown Relations—Te Arawhiti, as the Minister considers appropriate, depending on the nature of the dispute.
6: The parties must comply with the Minister’s determination or the process determined by the Minister and its outcome.
6: Key health documents
33: Overview of important health documents
1: This subpart requires—
a: the Minister to issue a Government Policy Statement that sets out the Government’s priorities and objectives for the publicly funded health sector:
b: the Minister to determine the following strategies for improving the health status of New Zealanders:
i: New Zealand Health Strategy:
ii: Hauora Māori Strategy:
iii: Pacific Health Strategy:
iv: Health of Disabled People Strategy:
v: Women’s Health Strategy:
vi: Rural Health Strategy:
c: Health New Zealand and the Māori Health Authority to develop, for the Minister's approval, a New Zealand Health Plan based on population health needs:
d: Health New Zealand, the Māori Health Authority, and relevant iwi-Māori partnership boards to agree to locality plans for localities:
e: Health New Zealand and the Māori Health Authority to facilitate the making of a New Zealand Health Charter:
f: the Health Quality and Safety Commission to develop a code of expectations of consumer and whānau engagement in the health sector.
2: This section is intended as a guide only. Government Policy Statement on Health
34: GPS
1: The Minister must issue a GPS at intervals of no more than 3 years apart.
2: The purpose of the GPS is to—
a: set priorities for the publicly funded health sector; and
b: set clear parameters for the development of the New Zealand Health Plan.
3: The GPS priorities for the publicly funded health sector must, where appropriate, specify measurable outcomes, including outcomes that are culturally specific.
4: The GPS—
a: must cover a period of at least 3 consecutive financial years; and
b: expires on the close of the third consecutive financial year to which it applies.
5: The Minister must issue the GPS before the start of the first financial year to which it applies.
6: The Minister must issue the first GPS no later than 2 years after the commencement of this Act.
35: Preparation of GPS
When preparing a GPS, the Minister must—
a: be satisfied that the GPS contributes to the purpose of this Act; and
b: have regard to, but is not bound by, any health strategy; and
c: consult Health New Zealand and the Māori Health Authority and have regard to their views; and
d: engage with organisations and individuals that the Minister considers appropriate.
36: Content of GPS
1: The GPS must include the following:
a: the Government’s priorities and objectives for the publicly funded health sector:
b: how the Government expects health entities to meet the Government’s priorities and objectives for the publicly funded health sector:
c: the Government’s priorities for engaging with, and improving health outcomes for, Māori:
d: the Government’s priorities for improving health outcomes for rural people, disabled people, women, rural communities, and other populations:
e: a framework for regular monitoring of progress and reporting requirements.
2: The GPS may include any other matters the Minister considers relevant.
3: To avoid doubt, the GPS may not impose an obligation on any health entity to approve or decline funding for a particular product, service, or provider.
37: GPS must be made available
1: As soon as practicable after issuing a GPS, the Minister must present a copy of the GPS to the House of Representatives.
2: The GPS must be made publicly available as soon as practicable after it is issued.
38: Status of GPS
1: A GPS is not a direction for the purposes of Part 3
2: Sections 34 to 39
39: Health entities must give effect to GPS
A health entity must give effect to the GPS to the extent it is relevant to its functions and subject to any applicable directions under section 103
40: Amending GPS
1: The Minister may amend the GPS at any time.
2: Sections 35 to 37 Health strategies
41: New Zealand Health Strategy
1: The Minister must prepare and determine a New Zealand Health Strategy.
2: The purpose of the New Zealand Health Strategy is to provide a framework to guide health entities in protecting, promoting, and improving people’s health and wellbeing.
3: The New Zealand Health Strategy must—
a: contain an assessment of the current state of health outcomes and health sector performance; and
b: contain an assessment of the medium and long-term trends and risks that will affect health outcomes and health sector performance in the next 5 to 10 years; and
c: set out opportunities and priorities for improving the health sector over at least the next 5 to 10 years, including workforce development.
4: Subsection (3) does not limit what may be included in the New Zealand Health Strategy.
42: Hauora Māori Strategy
1: The Minister must determine a Hauora Māori Strategy.
2: The Ministry and the Māori Health Authority must jointly prepare the Hauora Māori Strategy for the Minister’s determination.
3: The purpose of the Hauora Māori Strategy is to provide a framework to guide health entities in improving Māori health outcomes.
4: The Hauora Māori Strategy must—
a: contain an assessment of the current state of Māori health outcomes and the performance of the health sector in relation to Māori; and
b: contain an assessment of medium to long-term trends that will affect hauora Māori and health sector performance; and
c: set out priorities for services and health sector improvements relating to hauora Māori, including workforce development.
5: Subsection (4) does not limit what may be included in the Hauora Māori Strategy.
43: Pacific Health Strategy
1: The Minister must prepare and determine a Pacific Health Strategy.
2: The purpose of the Pacific Health Strategy is to provide a framework to guide health entities in improving Pacific health outcomes in New Zealand.
3: The Pacific Health Strategy must—
a: contain an assessment of the current state of Pacific health outcomes and the performance of the health sector in relation to Pacific peoples; and
b: contain an assessment of the medium and long-term trends that will affect Pacific health and health sector performance; and
c: set out priorities for services and health sector improvements relating to Pacific health, including workforce development.
4: Subsection (3) does not limit what may be included in the Pacific Health Strategy.
5: In this section, Pacific health
44: Health of Disabled People Strategy
1: The Minister must prepare and determine a Health of Disabled People Strategy.
2: The purpose of the Health of Disabled People Strategy is to provide a framework to guide health entities in improving health outcomes for disabled people and their families and whānau.
3: The Health of Disabled People Strategy must—
a: contain an assessment of the current state of health outcomes for disabled people and the performance of the health sector in relation to disabled people and their families and whānau; and
b: contain an assessment of the medium and long-term trends that will affect the health of disabled people and health sector performance; and
c: set out priorities for services and health sector improvements relating to the health of disabled people, including workforce development.
4: Subsection (3) does not limit what may be included in the Health of Disabled People Strategy.
45: Women’s Health Strategy
1: The Minister must prepare and determine a Women’s Health Strategy.
2: The purpose of the Women’s Health Strategy is to provide a framework to guide health entities in improving health outcomes for women.
3: The Women’s Health Strategy must—
a: contain an assessment of the current state of health outcomes for women and the performance of the health sector in relation to women; and
b: contain an assessment of the medium and long-term trends that will affect the health of women and health sector performance; and
c: set out priorities for services and health sector improvements relating to the health of women, including workforce development.
4: Subsection (3) does not limit what may be included in the Women’s Health Strategy.
46: Rural Health Strategy
1: The Minister must prepare and determine a Rural Health Strategy.
2: The purpose of the Rural Health Strategy is to provide a framework to guide health entities in improving health outcomes for rural communities.
3: The Rural Health Strategy must—
a: contain an assessment of the current state of health outcomes of people in rural areas and the performance of the health sector in relation to rural communities; and
b: contain an assessment of the medium and long-term trends that will affect the health of rural communities and health sector performance; and
c: set out priorities for services and health sector improvements relating to the health of rural communities, including workforce development.
4: Subsection (3) does not limit what may be included in the Rural Health Strategy.
47: Process for making health strategy
1: When preparing a health strategy, the Minister must—
a: have regard to any advice from the Māori Health Authority; and
b: when making a new health strategy, have regard to current strategies; and
c: consult health entities, individuals, and organisations that the Minister considers are reasonably likely to be affected by the health strategy.
2: The Minister must present the health strategy to the House of Representatives as soon as practicable after it has been made.
3: The health strategy must be made publicly available as soon as practicable after it is made.
48: Review and progress of health strategy
The Minister must—
a: regularly monitor and review all health strategies; and
b: assess how the health sector has performed against the health strategies.
49: Health entities must have regard to health strategies
A health entity must have regard to all health strategies—
a: when exercising its powers or performing its functions or duties; and
b: to the extent that each health strategy is relevant to those powers, functions, or duties. New Zealand Health Plan
50: New Zealand Health Plan
1: Health New Zealand and the Māori Health Authority must jointly develop a New Zealand Health Plan.
2: The purpose of the plan is to provide a 3-year costed plan for the delivery of publicly funded services by Health New Zealand and the Māori Health Authority.
3: The plan must give effect to the GPS.
4: In developing the plan, Health New Zealand and the Māori Health Authority must also take into account—
a: the functions and services of other health entities and government agencies that contribute to improving health outcomes; and
b: the roles of the Cancer Control Agency, the Health and Disability Commissioner, the Health Research Council, the Mental Health and Wellbeing Commission, and the Ministry (including the Public Health Agency); and
c: the functions and services of non-government agencies; and
d: the preferences and priorities specified in locality plans.
51: Content of New Zealand Health Plan
The New Zealand Health Plan must—
a: contain an assessment of population health needs; and
b: identify—
i: desired improvements in health outcomes ( desired improvements
ii: priorities for the desired improvements; and
c: specify, where appropriate, measurable outcomes for those priorities, including outcomes that are culturally specific; and
d: describe how health entities will deliver service and investment changes to achieve the desired improvements, including—
i: how Health New Zealand and the Māori Health Authority will provide and commission services to achieve the desired improvements; and
ii: how other health entities will contribute to achieving the desired improvements; and
e: describe how the matters referred to in section 50(4)
f: describe how government agencies, non-government agencies, organisations, and individuals will contribute to achieving the desired improvements; and
g: set out—
i: key services and activities to be delivered; and
ii: key performance measures; and
h: set out how Health New Zealand and the Māori Health Authority—
i: will achieve the purpose of this Act; and
ii: will engage with Māori, protect Māori interests and aspirations, and empower Māori to improve their health; and
iii: have been guided by the health sector principles in the development and content of the New Zealand Health Plan; and
i: set out any other matters the Minister directs.
52: Report of performance against New Zealand Health Plan
1: Health New Zealand and the Māori Health Authority must jointly prepare an annual performance report against the New Zealand Health Plan.
2: The report must—
a: provide an assessment of the performance of Health New Zealand and the Māori Health Authority against outcomes specified in the New Zealand Health Plan; and
b: include in the assessment an evaluation—
i: of any new interventions or services for Māori health that either health entity has provided or funded; and
ii: that is conducted in accordance with culturally relevant evaluation methods; and
c: be submitted to the Minister after it has been audited by the Auditor-General.
3: The report must, as soon as practicable after it is made,—
a: be presented to the House of Representatives; and
b: be made publicly available.
53: Process for preparing New Zealand Health Plan
1: In preparing the New Zealand Health Plan, Health New Zealand and the Māori Health Authority must engage with—
a: the Ministry; and
b: other health entities; and
c: individuals and organisations that Health New Zealand and the Māori Health Authority consider appropriate.
2: The plan must be submitted to the Minister after it has been audited by the Auditor-General.
3: The plan is made when the Minister approves it.
4: Subsection (1)﻿(a) to (c) does not apply to any amendments to the plan that do not have a significant impact on consumers or providers of services (other than Health New Zealand and the Māori Health Authority).
5: The plan must, as soon as practicable after it is made,—
a: be presented to the House of Representatives; and
b: be made publicly available. Localities and locality plans
54: Determination of localities
1: Health New Zealand must determine, with the agreement of the Māori Health Authority, geographically defined areas ( localities
2: Before determining a locality, Health New Zealand and the Māori Health Authority must consult relevant local authorities and iwi-Māori partnership boards.
3: Health New Zealand must ensure that—
a: all of New Zealand is covered by a locality; and
b: the boundary of a locality is, subject to subsection (4), consistent with any regional arrangement specified in regulations made under section 102
c: a list of all localities (including their geographical areas) is made publicly available.
4: Subsection (3)﻿(b) does not apply if Health New Zealand and the Māori Health Authority are satisfied that there are exceptional circumstances and have consulted relevant local authorities and iwi-Māori partnership boards.
5: Health New Zealand may, with the agreement of the Māori Health Authority, amend the number or boundaries of any localities at any time, as long as the requirements in subsections (2) and (3) are met.
55: Locality plans
1: Health New Zealand must develop a locality plan for each locality.
2: A locality plan must—
a: set out the priority outcomes and services for the locality; and
b: state the plan’s duration, which must, as a minimum, be 3 consecutive financial years; and
c: give effect to the relevant requirements of the New Zealand Health Plan; and
d: include a statement of progress against the priority outcomes set out in the previous locality plan, unless it is the first locality plan for that locality.
3: In developing a locality plan for a locality, Health New Zealand must—
a: consult consumers and communities within the locality; and
b: consult local authorities affected by the locality plan; and
c: consult social sector agencies and other entities that contribute to relevant population outcomes within the locality; and
d: engage with—
i: the Māori Health Authority; and
ii: iwi-Māori partnership boards for the area covered by the plan; and
e: consult any other individual or group that Health New Zealand considers appropriate.
4: A locality plan is made—
a: when it is agreed to by Health New Zealand, the Māori Health Authority, and the relevant iwi-Māori partnership board or boards; or
b: if section 32
5: Health New Zealand and the Māori Health Authority must prepare an annual report assessing progress against the priority outcomes set out in the locality plan.
6: The report is made when it is agreed to by Health New Zealand, the Māori Health Authority, and the relevant iwi-Māori partnership board or boards.
7: The report must, as soon as practicable after it is made, be made publicly available. New Zealand Health Charter
56: New Zealand Health Charter
1: For the purpose of supporting the achievement of the health sector principles, a New Zealand Health Charter must be made in accordance with section 57
2: The charter is a statement of the values, principles, and behaviours that—
a: health entities are expected to demonstrate; and
b: workers throughout the health sector are expected to demonstrate—
i: collectively, at an organisational level; and
ii: individually.
3: To avoid doubt, nothing in this section affects—
a: the role of responsible authorities under section 118
b: existing professional codes and obligations.
57: Making of charter
1: Health New Zealand and the Māori Health Authority must facilitate the making of the charter and, for that purpose, engage with—
a: health entities; and
b: organisations and workers involved in delivering publicly funded services; and
c: organisations that, in their opinion, are representative of the interests of workers who work for health entities or organisations or workers described in paragraph (b); and
d: Māori health professional organisations.
2: The charter is made when the Minister endorses it.
3: The charter must, as soon as practicable after it is made,—
a: be presented to the House of Representatives; and
b: be made publicly available.
58: Report on charter
1: Health New Zealand and the Māori Health Authority must, at least once every 5 years,—
a: prepare a report on how the New Zealand Health Charter has been given effect throughout the health sector; and
b: include in the report any recommendations for changes to the charter.
2: The report must, as soon as practicable after it is made,—
a: be presented to the House of Representatives; and
b: be made publicly available. Consumer and whānau engagement
59: Code for consumer and whānau engagement in health sector
1: The HQSC must develop a code of expectations for consumer and whānau engagement in the health sector.
2: The code must state expectations for the purpose of supporting consumer and whānau engagement in the health sector and for enabling consumer and whānau voices to be heard.
3: The code is made when the Minister approves it.
4: The code must, as soon as practicable after it is made,—
a: be presented to the House of Representatives; and
b: be made publicly available.
5: The code is secondary legislation for the purposes of the Legislation Act 2019
60: Health entities must act in accordance with code
1: A health entity must act in accordance with the code approved under section 59
2: A health entity must report annually on how it has given effect to the code.
7: Ministerial powers
61: Minister may appoint Crown observers
1: The Minister may make an appointment under this section if—
a: the Minister considers it desirable for the purpose of assisting in improving the performance of Health New Zealand or the Māori Health Authority; and
b: in the case of an appointment to the Māori Health Authority, the Hauora Māori Advisory Committee is consulted.
2: The Minister may—
a: appoint 1 or more persons to be a Crown observer of Health New Zealand or the Māori Health Authority (as the case may be); and
b: require the Crown observer to attend—
i: any board meeting or board committee meeting of the health entity; or
ii: any executive level meeting of the health entity at a national or regional level.
3: The person in charge of a meeting described in subsection (2)﻿(b) must—
a: permit the Crown observer to attend; and
b: provide the Crown observer with copies of all notices, documents, and other information that are provided to those attending the meeting.
4: The Crown observer’s functions are to—
a: observe the meeting’s decisions and decision-making processes; and
b: assist those at the meeting in understanding the policies and wishes of the Government so that they can be appropriately reflected in decisions of the meeting; and
c: advise the Minister on any matter relating to the health entity or the board, or its performance.
5: The appointment of a person as a Crown observer is on terms and conditions agreed between the Minister and the person.
6: A Crown observer may provide to the Minister any information, other than personal information, that the Crown observer obtains in the course of acting as such.
7: Subsection (6) is subject to the Privacy Act 2020 2000 No 91 s 30
62: Minister may dismiss board or appoint commissioner
1: If the Minister is seriously dissatisfied with the performance of the board of Health New Zealand or the Māori Health Authority, the Minister may, by written notice, dismiss all members of the board.
2: The Minister may, by written notice, appoint a commissioner to replace the board of Health New Zealand or the Māori Health Authority if—
a: all the members of the board are removed from office under subsection (1) or the Crown Entities Act 2004
b: in the case of an appointment replacing the board of the Māori Health Authority, the Hauora Māori Advisory Committee is consulted.
3: A commissioner has all the functions, duties, powers, and protections of the board and of a member of the board.
4: A commissioner may appoint, on any terms and conditions that may be agreed, up to 3 deputy commissioners, each of whom must be a person who would be eligible to be appointed by the Minister to the board.
5: The Minister may at any time, by written notice, dismiss a commissioner from office.
6: A commissioner may at any time, by written notice, dismiss a deputy commissioner from office with the agreement of the Minister.
7: All the provisions of this Act and the Crown Entities Act 2004
8: To avoid doubt, a member of the board of Health New Zealand referred to in section 12(4)﻿(a) 2000 No 91 s 31
63: Minister may appoint Crown manager for Health New Zealand
1: This section applies if the Minister believes on reasonable grounds that there is a risk to the operation or long-term viability of Health New Zealand.
2: The Minister may, by notice in the Gazette
3: The Minister may not appoint a Crown manager unless the Minister—
a: gives Health New Zealand written notice (with reasons) of the Minister’s intention to appoint a Crown manager; and
b: allows Health New Zealand reasonable time (as specified in the notice) to respond to the notice; and
c: considers any written submissions received within the specified time from Health New Zealand.
4: Whether a time is reasonable in any particular case may depend (among other things) on the urgency of the matters the Crown manager must deal with.
5: The notice appointing a Crown manager must state—
a: the name of the Crown manager and the day on which their appointment takes effect; and
b: the functions of Health New Zealand that are to be performed by the Crown manager; and
c: any conditions subject to which the Crown manager must perform those functions; and
d: any matters about which the Crown manager must advise Health New Zealand.
6: While there is a Crown manager appointed for Health New Zealand,—
a: the Crown manager may perform any of the functions stated in the notice, and,—
i: for that purpose, the Crown manager has all the powers of Health New Zealand; and
ii: in performing any of those functions (and exercising any of those powers in order to do so), the Crown manager must comply with all relevant duties of Health New Zealand; and
b: Health New Zealand—
i: may not perform any of those functions; and
ii: must provide the information and access and do all other things reasonably necessary to enable the Crown manager to perform those functions and exercise those powers.
7: The Crown manager must perform any function under subsection (6)﻿(a) (and exercise any power in order to do so) in accordance with this Act.
8: Health New Zealand must pay the Crown manager’s reasonable fees and expenses.
9: If the Crown manager’s appointment has not been revoked earlier, the Minister must consider whether the reasons for the appointment still apply—
a: no later than 12 months after it was made; or
b: no later than 12 months after the Minister last considered whether they still apply. 2020 No 38 s 334
64: Improvement plan
1: If the Minister believes on reasonable grounds it is necessary to improve the performance of a health entity, the Minister may, by written notice to the health entity,—
a: identify any areas within the functions of the health entity that require improvement; and
b: explain why the Minister believes those areas require improvement; and
c: require the health entity to prepare an improvement plan for the Minister’s approval.
2: The Minister may approve the plan if satisfied that the plan addresses the areas identified in the notice.
3: The health entity must implement the improvement plan within any timeframe specified in the plan.
4: The health entity must make the improvement plan publicly available as soon as practicable after it is approved.
65: Provision of information
1: The Minister of Finance may, by written notice, require a health entity to—
a: provide economic or financial forecasts or other economic or financial information relating to the health entity or any or all of its subsidiaries specified in the notice; and
b: provide that information to the Minister or any person or class of person specified in the notice.
2: A health entity must comply with a requirement under subsection (1).
3: No requirement under this section may require the supply of any information that would breach the privacy of any natural person or deceased natural person, unless the person (or a representative of the deceased person) has consented to the supply.
4: Subsection (1) does not limit sections 133 134
5: Subsection (2) applies despite section 134
66: Restrictions on directions under section 103 of Crown Entities Act 2004
1: No direction may be given to the Māori Health Authority under section 103
2: No direction may be given to Pharmac under section 103
a: require Pharmac to purchase a pharmaceutical from a particular source or at a particular price; or
b: provide any pharmaceutical or pharmaceutical subsidy or other benefit to a named individual.
3: No direction may be given to NZBOS under section 103
a: NZBOS’s role in providing oversight and clinical governance of the organ donation system and in providing support to the transplantation system; or
b: protecting the gift status, donation, collection, processing, and supply of blood or controlled human substances (as defined in section 55
c: withdrawal of contaminated blood or contaminated controlled human substances from supply.
3: Other roles
1: Pharmac
67: Pharmac
1: There continues be a Pharmaceutical Management Agency ( Pharmac
2: Pharmac is the same organisation that, immediately before the commencement of this section, was known as Pharmac.
3: Pharmac is a Crown entity for the purposes of section 7
4: The Crown Entities Act 2004
68: Objectives of Pharmac
1: The objectives of Pharmac are—
a: to secure for eligible people in need of pharmaceuticals, the best health outcomes that are reasonably achievable from pharmaceutical treatment and from within the amount of funding provided; and
b: any other objectives it is given by or under any enactment, or authorised to perform by the Minister by written notice to the board of Pharmac after consultation with it.
2: In this section, eligible people section 102
69: Functions of Pharmac
1: The functions of Pharmac are—
a: to maintain and manage a pharmaceutical schedule that applies consistently throughout New Zealand, including determining eligibility and criteria for the provision of subsidies; and
b: to manage incidental matters arising out of paragraph (a), including in exceptional circumstances providing for subsidies for the supply of pharmaceuticals not on the pharmaceutical schedule; and
c: to engage as it sees fit, but within its operational budget, in research to meet the objectives set out in section 68(1)﻿(a)
d: to promote the responsible use of pharmaceuticals; and
e: to perform any other functions it is for the time being given under any enactment, or authorised to perform by the Minister by written notice to the board of Pharmac after consultation with it.
2: Pharmac must perform its functions within the amount of funding provided to it and in accordance with its statement of intent (including the statement of forecast service performance) and (subject to section 66 Crown Entities Act 2004
70: Pharmac to consult in implementing objectives and performing functions
In performing its functions, Pharmac must, when it considers it appropriate to do so,—
a: consult on matters that relate to the management of pharmaceutical expenditure with any sections of the public, groups, or individuals that, in the view of Pharmac, may be affected by decisions on those matters; and
b: take measures to inform the public, groups, and individuals of Pharmac’s decisions concerning the pharmaceutical schedule.
71: Board of Pharmac to ensure advisory committees
1: The board of Pharmac must ensure that there are the following advisory committees under clause 14(1)﻿(a)
a: a pharmacology and therapeutics advisory committee to provide objective advice to Pharmac on pharmaceuticals and their benefits:
b: a consumer advisory committee to provide input from a consumer or patient point of view.
2: Despite clause 14(1)﻿(a)
72: Publication of notices
The Minister must, as soon as practicable after giving a notice under section 68(1)﻿(b) 69(1)﻿(e) Gazette
73: Membership of board of Pharmac
The board of Pharmac consists of up to 6 members appointed under section 28
74: Exemption from Part 2 of Commerce Act 1986
1: In this section, unless the context otherwise requires,— agreement
a: includes any agreement, arrangement, contract, covenant, deed, or understanding, whether oral or written, whether express or implied, and whether or not enforceable at law; and
b: without limiting the generality of paragraph (a), includes any contract of service and any agreement, arrangement, contract, covenant, or deed, creating or evidencing a trust pharmaceuticals
2: Nothing in Part 2
a: any agreement to which Pharmac is a party and that relates to pharmaceuticals for which full or part-payments may be made from money appropriated under the Public Finance Act 1989; or
b: any act, matter, or thing done by any person for the purposes of entering into such an agreement; or
c: any act, matter, or thing done by any person to give effect to such an agreement.
2: New Zealand Blood and Organ Service
75: NZBOS
1: There continues to be a New Zealand Blood and Organ Service ( NZBOS
2: NZBOS is the same organisation that, immediately before the commencement of this section, was known as NZBOS.
3: NZBOS is a Crown entity for the purposes of section 7
4: The Crown Entities Act 2004
76: Functions of NZBOS
1: The functions of NZBOS are—
a: to manage the donation, collection, processing, and supply of blood, controlled human substances, and related or incidental matters; and
b: to provide oversight and clinical governance of the organ donation system, to provide support to the transplantation system, and manage any related or incidental matters; and
c: if it is an appointed entity, to perform the functions for which it is for the time being responsible under section 63
d: to perform any other functions it is for the time being given by or under any enactment, or authorised to perform by the Minister by written notice to the board of NZBOS after consultation with it.
2: NZBOS must perform its functions in subsection (1)﻿(a) and (b) in accordance with its statement of intent (including the statement of forecast service performance) and (subject to section 66 Crown Entities Act 2004
3: The Minister must, as soon as practicable after giving a notice under subsection (1)﻿(d), publish in the Gazette
4: In this section, appointed entity blood controlled human substance section 55
77: Membership of board
The board of NZBOS consists of up to 7 members appointed under section 28
3: Health Quality and Safety Commission
78: Health Quality and Safety Commission
1: There continues to be a Health Quality and Safety Commission ( HQSC
2: HQSC is the same organisation that, immediately before the commencement of this section, was known as HQSC.
3: HQSC is a Crown entity for the purposes of section 7
4: The Crown Entities Act 2004
79: Objectives of HQSC
The objectives of HQSC are to lead and co-ordinate work across the health sector for the purposes of—
a: monitoring and improving the quality and safety of services; and
b: helping providers to improve the quality and safety of services.
80: Functions of HQSC
1: The functions of HQSC are—
a: to advise the Minister on how quality and safety in services may be improved; and
b: to advise the Minister on any matter relating to—
i: health epidemiology and quality assurance; or
ii: mortality; and
c: to determine quality and safety indicators (such as serious and sentinel events) for use in measuring the quality and safety of services; and
d: to provide public reports on the quality and safety of services as measured against—
i: the quality and safety indicators; and
ii: any other information that HQSC considers relevant for the purpose of the report; and
e: to promote and support better quality and safety in services; and
f: to disseminate information about the quality and safety of services; and
g: to support the health sector to engage with consumers and whānau for the purpose of ensuring that their perspectives are reflected in the design, delivery, and evaluation of services; and
h: to develop a code of expectations for consumer and whānau engagement in the health sector for approval by the Minister; and
i: to make recommendations to any person in relation to matters within the scope of its functions; and
j: to perform any other function that—
i: relates to the quality and safety of services; and
ii: HQSC is for the time being authorised to perform by the Minister by written notice to HQSC after consultation with it.
2: In performing its functions, HQSC must, to the extent it considers appropriate, work collaboratively with—
a: the Ministry of Health; and
b: Health New Zealand; and
c: the Health and Disability Commissioner; and
d: the Māori Health Authority; and
e: providers; and
f: healthcare professional bodies (for example, colleges); and
g: any groups representing the interests of consumers of services; and
h: any other organisations, groups, or individuals that HQSC considers have an interest in, or will be affected by, its work.
3: The Minister must, as soon as practicable after giving a notice to HQSC under subsection (1)﻿(j)﻿(ii), publish in the Gazette
81: Membership of board of HQSC
The board of HQSC consists of at least 7 members appointed under section 28
82: HQSC may appoint mortality review committees
1: HQSC may appoint 1 or more committees to perform any of the following functions that HQSC specifies by notice to the committee:
a: to review and report to HQSC on specified classes of deaths of persons, or deaths of persons of specified classes, with a view to reducing the numbers of deaths of those classes or persons, and to continuous quality improvement through the promotion of ongoing quality assurance programmes:
b: to advise on any other matters related to mortality that HQSC specifies in the notice.
2: A committee appointed under subsection (1) (a mortality review committee
a: are designed to reduce morbidity and mortality; and
b: are relevant to the committee’s functions.
3: HQSC—
a: must, at least annually, provide the Minister with a report on the progress of mortality review committees; and
b: must include each such report in HQSC’s next annual report.
4: The provisions of Schedule 5
5: Every person who fails, without reasonable excuse, to comply with a requirement imposed under Schedule 5
6: Every person who discloses information contrary to Schedule 5
7: Any member of a registered occupational profession who commits an offence under subsection (5) or (6) is liable to any disciplinary proceedings of that profession in respect of the offence, whether or not they are fined under that subsection.
4: Provisions that apply to Pharmac, NZBOS, and HQSC
83: Organisation defined
In this subpart, organisation
a: Pharmac:
b: NZBOS:
c: HQSC.
84: Responsibility to operate in financially responsible manner
1: Every organisation must operate in a financially responsible manner and for this purpose must endeavour to cover all its annual costs (including the cost of capital) from its net annual income.
2: Subsection (1) does not apply to HQSC in respect of costs, which are to be met by the Ministry of Health in a financially responsible manner that allows HQSC to perform its functions to a high standard.
3: This section does not limit section 51
85: Public Records Act 2005 to apply
An organisation is a public office for the purposes of the Public Records Act 2005
86: Committees
In making appointments to a committee of a board of an organisation, the board must endeavour, where appropriate, to ensure representation of Māori on the committee.
5: Committees
Ministerial committees
87: Ministerial committees
1: The Minister may, by written notice,—
a: establish any committee (a ministerial committee
b: appoint any person to be a member or chairperson of the committee; and
c: terminate the committee or the appointment of a member or chairperson of the committee.
2: A ministerial committee has the functions that the Minister determines by written notice to the committee.
3: A ministerial committee—
a: consists of the members that the Minister determines; and
b: may, subject to any written directions that the Minister gives to the committee, regulate its procedure in any manner that the committee thinks fit.
4: Each member of a ministerial committee is appointed on any terms and conditions (including terms and conditions as to remuneration and travelling allowances and expenses) that the Minister determines by written notice to the member.
5: Nothing in this subpart limits any powers that the Minister has under any other enactment or rule of law.
88: Information about ministerial committees to be made public
1: As soon as practicable—
a: after giving a notice establishing a ministerial committee, the Minister must present to the House of Representatives a copy of the notice together with the following information:
i: the name of the committee; and
ii: the number of members of the committee:
b: after giving a notice appointing any person to be a member or chairperson of a ministerial committee, the Minister must present to the House of Representatives a copy of the notice together with the following information:
i: the name of the chairperson of the committee; and
ii: the names of the members of that committee.
2: As soon as practicable after giving a notice terminating any ministerial committee, the Minister must present to the House of Representatives a copy of the notice together with the following information:
a: the name of the committee terminated; and
b: the reasons for the termination of the committee.
3: As soon as practicable after giving a notice under section 87(2)
a: the functions of the committee; and
b: any other terms of reference or directions (other than directions as to procedure).
4: As soon as practicable after giving, under section 87(3)﻿(b)
5: In every annual report of the Ministry of Health, the Ministry must—
a: give the following information in respect of every ministerial committee:
i: the name of the committee:
ii: the name of the chairperson of the committee:
iii: the name of every member of the committee; and
b: indicate whether any ministerial committee has not reported to the Minister in the year to which the report relates. Hauora Māori Advisory Committee
89: Hauora Māori Advisory Committee
1: The Minister must establish a Hauora Māori Advisory Committee in accordance with section 90
2: The functions of the committee are—
a: to provide advice to the Minister on the matters specified in subsection (3); and
b: to advise the Minister for the purposes of sections 61 62
c: to provide any other advice that the Minister requests.
3: The Minister must seek and consider the committee’s advice before exercising any power to—
a: appoint or remove members of the board of the Māori Health Authority Board; and
b: require the Māori Health Authority to develop an improvement plan; and
c: issue letters of expectation to the Māori Health Authority; and
d: issue directions to the Māori Health Authority; and
e: require amendments to the Māori Health Authority’s statement of intent or statement of performance expectations.
4: The committee may regulate its own procedure in any manner the committee thinks fit.
5: If—
a: the Minister is required to consider the committee’s advice on a matter under this Act; and
b: the Minister does not agree with that advice; and
c: the matter to which advice relates requires public notification under this Act,— the public notification must indicate that the Minister did not agree with the committee’s advice.
90: Membership of Hauora Māori Advisory Committee
1: The Hauora Māori Advisory Committee comprises 8 members, of whom—
a: 6 are appointed for a term not exceeding 3 years—
i: by the Minister on the nomination of all the iwi-Māori partnership boards; or
ii: by the Minister if, and to the extent that, a nomination is not made; and
b: 2 are appointed for a term not exceeding 3 years—
i: by the Minister on the nomination of all the organisations listed in Schedule 2
ii: by the Minister if, and to the extent that, a nomination is not made.
2: A nomination must—
a: be made in writing to the Minister not later than 2 months after the relevant member’s term of office expires or a vacancy arises; and
b: be signed,—
i: if subsection (1)﻿(a)﻿(i) applies, by all the chairpersons of the iwi-Māori partnership boards to indicate their accord; and
ii: if subsection (1)﻿(b)﻿(i) applies, by all the chairpersons of the organisations to indicate their accord.
3: The Minister must appoint a member of the committee—
a: as soon as practicable after receiving their nomination; or
b: as soon as practicable, if subsection (1)﻿(a)﻿(ii) or (b)﻿(ii) applies.
4: Section 87(4)
5: The Minister must, on the recommendation of the committee, appoint a chairperson, and, if no recommendation is made, the Minister must appoint the chairperson.
6: The Minister may, by written notice,—
a: terminate the appointment of a member appointed under subsection (1)﻿(a)﻿(ii) or (b)﻿(ii); and
b: terminate the appointment of a member appointed under subsection (1)﻿(a)﻿(i) or (b)﻿(i) only at the request of all the chairpersons of the iwi-Māori partnership boards or the organisations (as the case may be).
7: Until the date that this section takes effect, clause 6 2024-07-01 Pae Ora (Healthy Futures) Act 2022 Section 90(7) is repealed on the date that section 90 takes effect (which is 2 years after commencement date — see Schedule 1 clause 6(1)).
91: Listing of organisations in Schedule 2
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, amend Schedule 2
2: Before making a recommendation, the Minister must consult the Minister for Māori Development and have regard to the need for the Hauora Māori Advisory Committee to represent the perspectives of organisations that—
a: are governed, managed, or mainly staffed by Māori; and
b: individually or collectively hold system level insights in relation to—
i: the needs or aspirations of particular groups of Māori health consumers (for example, tangata whaikaha or takatāpui); and
ii: the challenges and opportunities for the Māori health workforce; and
iii: the challenges and opportunities for Māori providers of services.
3: Subsection (2) does not apply if the Minister is recommending the removal of an organisation from Schedule 2
4: An Order in Council 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. National advisory committee on health services ethics
92: National advisory committee on health services ethics
1: The Minister must, by written notice, appoint a national advisory committee for the purpose of obtaining advice on ethical issues of national significance in respect of any health and disability matters (including research and services).
2: The committee must determine nationally consistent ethical standards across the health sector and provide scrutiny for national health research and services.
3: For the purpose of obtaining advice on specific ethical issues of national, regional, or public significance in respect of any health and disability matters, the Minister may, by written notice, appoint any 1 or more of the following committees:
a: 1 or more ministerial committees:
b: the ethics committee of the Health Research Council established under section 24 to consider matters specified by the Minister and to report to the Minister or a person specified by the Minister.
4: Before a committee appointed under subsection (1) or (3) gives advice, the committee must consult with any members of the public, persons involved in the funding or provision of services, and other persons that the committee considers appropriate.
5: As soon as practicable after giving a notice under subsection (1) or (3), the Minister must present a copy of the notice to the House of Representatives.
6: A committee appointed under this section must, at least once a year, deliver to the Minister a report setting out its activities and summarising its advice on the matters referred to it under this section.
7: As soon as practicable after receiving a report under subsection (6), the Minister must present a copy of the report to the House of Representatives. Expert advisory committee on public health
93: Expert advisory committee on public health
1: The Minister must establish an expert advisory committee on public health.
2: The purpose of the committee is to provide independent advice to the Minister, the Public Health Agency, Health New Zealand, and the Māori Health Authority on the following matters:
a: public health issues, including factors underlying the health of people, whānau, and communities:
b: the promotion of public health:
c: any other matters that the Minister or the Public Health Agency specifies by notice to the committee.
3: The committee—
a: consists of such members as the Minister determines after consulting the Hauora Māori Advisory Committee; and
b: may, subject to any written directions that the Minister gives to the committee, regulate its procedure in any manner that the committee thinks fit.
4: When determining appointments to the committee, the Minister must be satisfied that the committee collectively has knowledge of, and experience and expertise in relation to, population health, health equity, te Tiriti o Waitangi (the Treaty of Waitangi), epidemiology, health intelligence, health surveillance, health promotion, health protection, and preventative health.
5: Each member of the committee is appointed on any terms and conditions (including terms and conditions as to remuneration and travelling allowances and expenses) that the Minister determines by written notice to the member.
4: General
1: Powers in relation to service commissioning
94: Arrangements relating to payments
1: The Crown, Health New Zealand, or the Māori Health Authority may, subject to section 95 notice terms and conditions
2: A person who accepts the payment referred to in the notice is deemed to accept the terms and conditions.
3: Compliance by the person with the terms and conditions may be enforced by the Crown or health entity (as the case may be) as if the person had signed a deed under which the person agreed to the terms and conditions.
4: The terms and conditions, unless the notice expressly provides otherwise, are deemed to include a provision to the effect that 12 weeks’ notice must be given of any amendment or revocation of the terms and conditions.
5: The notice (including any amendment or revocation) must be published in the Gazette
6: The notice (including any amendment or revocation) must be made publicly available as soon as practicable after it is made.
7: No notice may be issued under this section that would bind Pharmac or NZBOS.
95: Restrictions on notices given under section 94
1: A notice under section 94
a: relates to services for which a notice has not been issued before; or
b: sets terms and conditions in respect of particular services that depart from terms and conditions set out in an existing notice in respect of the same or substantially the same services; or
c: differentiates between persons or classes of person accepting payment under section 94
2: The Minister may approve the notice subject to any conditions the Minister specifies.
3: Any notice under section 94
4: In this section, existing notice section 94
5: The Minister must present to the House of Representatives a copy of any approval given under this section.
2: Provisions that apply to health entities
96: Accountability documents
1: A health entity must ensure that its accountability documents comply with any regulations made under section 102(1)﻿(c)
2: In this section, accountability document Crown Entities Act 2004
97: Director-General may require information from health entities
1: For the purpose of monitoring the performance of any health entity or the health sector in general, the Director-General may, in writing,—
a: request from a health entity information in relation to any matter; and
b: specify a time frame by which the health entity must comply with the request.
2: The health entity must comply with the request, and if a time frame is specified, within that time frame.
3: The Director-General must not request under this section any personal health information of any identifiable person.
98: Health entities must provide information
A health entity must comply with any requirement specified in regulations made under section 102
99: Minister’s approval required for health entity’s dealings with land
1: A health entity must not sell, exchange, mortgage, or charge land without the Minister's prior written approval.
2: A health entity must not grant a lease or licence over land for a term of more than 5 years without the Minister’s prior written approval.
3: For the purposes of subsection (2), the term of a lease or licence includes any period (or, if the lease or licence provides for more than 1 such period, the total period) for which any person is entitled to have the lease or licence renewed.
4: Any approval under this section may be subject to any conditions the Minister specifies, and may be given in respect of any land of a class the Minister specifies.
5: To avoid doubt, the matters to which the Minister may have regard in giving an approval under subsection (2) in relation to any land include the question of the application to the land of clause 3
6: This section applies despite sections 16 17
7: In this section, health entity
3: Review of Act
100: Act must be reviewed every 5 years
1: The Director-General must, at least once every 5 years, review the operation and effectiveness of this Act.
2: The first review must be completed no later than 5 years after the commencement of this Act.
3: The Director-General must—
a: review the Act in consultation with the Māori Health Authority; and
b: have particular regard to the views of the Māori Health Authority; and
c: prepare a report of the review.
4: The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.
4: Secondary legislation
101: Levies for alcohol-related purposes
1: Levies may be imposed for the purpose of enabling the Ministry to recover costs it incurs—
a: in addressing alcohol-related harm; and
b: in its other alcohol-related activities.
2: Schedules 6 7
102: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations— Regional arrangements
a: specifying regional arrangements—
i: through which Health New Zealand and the Māori Health Authority must provide and arrange services; and
ii: which must be maintained by Health New Zealand and the Māori Health Authority: Information to be supplied by health entities
b: specifying information or classes of information that all health entities or a specified health entity must provide to the Director-General, including—
i: the frequency at which it must be provided or time frames for its provision; and
ii: the manner in which it must be provided:
c: for the purpose of section 96
i: specifying the form of any accountability document; and
ii: specifying matters to be stated in any accountability document in addition to those required under this Act or the Crown Entities Act 2004: New Zealand Health Plan
d: in relation to the New Zealand Health Plan,—
i: specifying the form of the plan; and
ii: imposing requirements relating to the content of the plan; and
iii: imposing procedural requirements (including engagement requirements for consultation) that must be complied with in the preparation of the plan: Provision of services
e: requiring Health New Zealand or the Māori Health Authority to provide or arrange for the provision of any specified services: Entitlement cards
f: providing for the issue of entitlement cards (including cards that may record information of any description that is capable of being read or processed by a computer, but not including cards that are themselves capable of processing information) to various classes of persons or the continuation of use of such cards issued under the Health Entitlement Cards Regulations 1993
g: prescribing the classes of persons eligible to be issued with the cards:
h: prescribing and regulating the use of the cards, including (but not limited to)—
i: their use to obtain any payment or exemption from payment for services supplied to the holder of a card, or their dependent spouse or partner or child:
ii: specifying time limits on the validity of the cards:
iii: requiring holders to return the cards to the Ministry of Health:
iv: any other conditions relating to their use:
i: providing for reviews or appeals, or both, of any decisions made under any regulations authorised by paragraphs (f) to (h):
j: prescribing offences relating to improper use of the cards and the fines (not exceeding $10,000) that may be imposed in respect of those offences: Levies
k: 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:
l: 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:
m: amending or replacing the table in Schedule 7 Dispute resolution
n: for the purpose of section 32 Eligible people
o: specifying a class of eligible people who are eligible to receive publicly funded services under this Act: General
p: providing for anything this Act says may or must be provided for by regulations:
q: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act. Procedural and other requirements
2: The Minister must consult Health New Zealand and the Māori Health Authority before recommending the making of regulations under subsection (1)﻿(a).
3: Regulations under subsection (1)﻿(m) 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 5(1)
b: after consultation with the Minister of Customs.
4: The Minister must, before recommending the making of regulations under subsection (1)﻿(e),—
a: have regard to—
i: the objectives and functions of the health entity to whom the regulations apply; and
ii: the New Zealand Health Plan, all health strategies, and any relevant locality plan; and
b: consult the board of the health entity as to the services that are to be required to be provided or arranged, and the cost and funding of those services.
5: Regulations under subsection (1)﻿(e) may not—
a: require the supply of services to or by any named individuals or organisations (other than Health New Zealand or the Māori Health Authority); or
b: specify the price for any services.
6: Regulations made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
5: Amendments to enactments
103: Enactments repealed and revoked
1: The New Zealand Public Health and Disability Act 2000
2: The enactments specified in Part 3 of Schedule 3 2022-07-01 New Zealand Public Health and Disability Act 2000 Health (Cancellation of Division of District Health Boards into Constituencies) Order 2004 Health and Disability (Division of Southern DHB into Constituencies) Order 2010 Health Sector (Transfer of Assets and Liabilities of Crown Public Health Limited and CLS Properties Limited) Order 2002 Health Sector Transfers (Enable New Zealand Limited) Order 2002 Health Sector Transfers (Canterbury DHB) Order 2015 Health Sector Transfers (Christchurch Hospital Hagley Facility) Order 2020 Health Sector Transfers (Christchurch Hospital Outpatients Facility) Order 2018 Health Sector Transfers (Hutt DHB) Order 2009 Health Sector Transfers (NZ Health Partnerships Limited) Order 2015 Health Sector Transfers (Organ Donation Capability) Order 2020 Health Sector Transfers (Provider Arrangements) Order 2001 Health Sector Transfers (Provider Arrangements) Order (No 2) 2001 Health Sector Transfers (Provider Arrangements) Order 2002 Health Sector Transfers (Provider Arrangements) Order 2003 Health Sector Transfers (Southern DHB) Order 2010 Health Sector Transfers (Te Nikau Grey Base Hospital and Health Centre) Order 2020 Health Sector Transfers (Wellington City Council) Order 2002 Health Sector Transfers (West Otago Health Trust) Order 2004 New Zealand Public Health and Disability (Planning) Regulations 2011 Organ Donors and Related Matters Act 2019 Commencement Order 2020
104: Consequential amendments
Amend the enactments specified in Parts 1 and 2 of Schedule 3 2022-07-01 Abortion Legislation Act 2020 Accident Compensation Act 2001 Artificial Limb Service Act 2018 Biosecurity Act 1993 Births, Deaths, Marriages, and Relationships Registration Act 1995 Charitable Trusts Act 1957 Children’s Act 2014 Civil Defence Emergency Management Act 2002 Compensation for Live Organ Donors Act 2016 Contraception, Sterilisation, and Abortion Act 1977 Crown Entities Act 2004 Crown Organisations (Criminal Liability) Act 2002 Customs and Excise Act 2018 Disabled Persons Community Welfare Act 1975 Education and Training Act 2020 Employment Relations Act 2000 Family Violence Act 2018 Finance Act 1994 Goods and Services Tax Act 1985 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Disability Commissioner Act 1994 Health and Disability Services (Safety) Act 2001 Health Practitioners Competence Assurance Act 2003 Health Sector (Transfers) Act 1993 Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016 Human Assisted Reproductive Technology Act 2004 Immigration Act 2009 Income Tax Act 2007 Inquiries Act 2013 Land Transport Act 1998 Local Electoral Act 2001 Local Government Act 1974 Local Government (Rating) Act 2002 Maritime Transport Act 1994 Medicines Act 1981 Mental Health and Wellbeing Commission Act 2020 Mental Health (Compulsory Assessment and Treatment) Act 1992 Misuse of Drugs Act 1975 New Zealand Sign Language Act 2006 New Zealand Superannuation and Retirement Income Act 2001 Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 Ngāi Tahu Claims Settlement Act 1998 Ngāti Hauā Claims Settlement Act 2014 Ngāti Toa Rangatira Claims Settlement Act 2014 Ombudsmen Act 1975 Oranga Tamariki Act 1989 Parental Leave and Employment Protection Act 1987 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 Privacy Act 2020 Prohibition of Gang Insignia in Government Premises Act 2013 Psychoactive Substances Act 2013 Public Audit Act 2001 Public Service Act 2020 Raukawa Claims Settlement Act 2014 Reserves and Other Lands Disposal Act 2015 Residential Care and Disability Support Services Act 2018 Smokefree Environments and Regulated Products Act 1990 Social Security Act 2018 Sport and Recreation New Zealand Act 2002 Support Workers (Pay Equity) Settlements Act 2017 Veterans’ Support Act 2014 Victims’ Rights Act 2002 Accident Compensation (Ancillary Services) Regulations 2002 Accident Compensation (Liability to Pay or Contribute to Cost of Treatment) Regulations 2003 COVID-19 Public Health Response (Required Testing) Order 2020 Cremation Regulations 1973 Crown Entities (Financial Powers) Regulations 2005 Health (Immunisation) Regulations 1995 Health (Retention of Health Information) Regulations 1996 Health Entitlement Cards Regulations 1993 Injury Prevention, Rehabilitation, and Compensation (Public Health Acute Services) Regulations 2002 Medicines Regulations 1984 National Civil Defence Emergency Management Plan Order 2015 New Zealand Public Health and Disability (Archives) Regulations 2001 Privacy (Information Sharing Agreement between Inland Revenue and Ministry of Social Development) Order 2017 Privacy (Information Sharing Agreement between New Zealand Gang Intelligence Centre Agencies) Order 2018 Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 Residential Care and Disability Support Services Regulations 2018 Social Security Regulations 2018 Student Allowances Regulations 1998