New Zealand Public Health and Disability Amendment Act 2010

1: Title
This Act is the New Zealand Public Health and Disability Amendment Act 2010.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: To the extent not previously brought into force under subsection (1), this Act comes into force 6 months after the date on which it receives the Royal assent. Section 2(1): sections 1 to 3, 4(2), 5(2) and (3), 8(1), 9, 17 to 20, 24 to 26, and 28 to 30 brought into force 9 November 2010 clause 2 New Zealand Public Health and Disability Amendment Act 2010 Commencement Order 2010 Section 2(1): sections 4(1), 5(1), 8(2) and (3), 10 to 15, 22, 23, and 27 brought into force 24 February 2011 clause 2 New Zealand Public Health and Disability Amendment Act 2010 Commencement Order 2011
3: Principal Act amended
This Act amends the New Zealand Public Health and Disability Act 2000 2011-04-23 New Zealand Public Health and Disability Act 2000 This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions. to the extent not previously brought into force under subsection (1), this Act comes into force 6 months after the date on which it receives the Royal assent. SR 2010/390 2010-11-09 New Zealand Public Health and Disability Act 2000 sections 1 to 3, 4(2), 5(2) and (3), 8(1), 9, 17 to 20, 24 to 26, and 28 to 30 SR 2011/7 2011-02-24 New Zealand Public Health and Disability Act 2000 sections 4(1), 5(1), 8(2) and (3), 10 to 15, 22, 23, and 27
1: Amendments to principal Act
4: Outline
1: Section 5(3)﻿(e) annual plans agreed with the Minister of Health plans prepared under section 38
2: Section 5
7A: A statutory entity called the Health Quality and Safety Commission ( HQSC sections 59A to 59E
5: Interpretation
1: The definitions of annual plan district strategic plan section 6(1)
2: Section 6(1) HQSC section 59A(1)
3: The definition of publicly-owned health and disability organisation section 6(1) and CHFA CHFA, and HQSC
6: Ministerial committees
1: Section 11(2) 18 16
2: Section 11(5) 18 16
7: Sections 17 and 18 repealed
Sections 17 18
8: Objectives of DHBs
1: Section 22(1)
ba: to seek the optimum arrangement for the most effective and efficient delivery of health services in order to meet local, regional, and national needs:
2: Section 22(2) its district strategic plan, its annual plan any plan prepared under section 38
3: Section 22(2) section 33 of this Act section 33, 33A 33B
9: Functions of DHBs
1: Section 23(1)
ba: to collaborate with relevant organisations to plan and co-ordinate at local, regional, and national levels for the most effective and efficient delivery of health services:
2: Section 23
8: In subsection (1)﻿(ba) relevant organisations
10: Co-operative agreements and arrangements
Section 24(2)﻿(b) its district strategic plan or annual plan a plan prepared under section 38
11: Service agreements
Section 25(2) its annual plan a plan prepared under section 38
12: Duties of board
Section 27(1) the DHB's district strategic plan, annual plan, and any directions under section 33 any relevant plan prepared under section 38 33A 33B
13: Minister may require provision of services
Section 33(2)﻿(a) the district strategic plan of the DHB any plan prepared under section 38
14: New sections 33A and 33B and heading inserted
The following sections and heading are inserted after section 33
33A: Proposals and directions in relation to administrative, support, and procurement services
1: A proposal stating how administrative, support, and procurement services within the public health and disability sector should be obtained may be submitted to the Minister by the Director-General or any person or body approved by the Minister for the purpose.
2: If the Minister has reason to believe that the proposal will enhance the effective and efficient operation of the public health and disability sector and should be implemented, the Minister must—
a: consider whether the proposal can be reasonably implemented without a direction under subsection (3)
b: consult any DHB that is not already a party to the proposal and is likely to be affected by it; and
c: consult any other person or body that the Minister considers appropriate.
3: If the Minister considers that the proposal cannot be reasonably implemented otherwise, he or she may give a direction to 1 or more DHBs—
a: stating how administrative, support, and procurement services must be obtained (for example, specifying a process to be followed in obtaining those services); or
b: stating who must provide particular administrative, support, and procurement services for the DHB or DHBs.
4: The direction must be in writing and must be signed by the Minister and the Minister of Finance.
5: Sections 113 and 114(3)﻿(a) of the Crown Entities Act 2004 do not apply to this section.
6: In this section, administrative, support, and procurement services
a: means services that do not relate directly to, but are necessary for, the provision of care to patients or care or support to people with disabilities; and
b: without limiting the generality of paragraph (a)
i: procurement of non-clinical and clinical supplies:
ii: financial services:
iii: human resources and payroll services:
iv: clerical services:
v: facilities management, engineering, and maintenance services:
vi: information systems and technology. Ministerial directions to all DHBs
33B: Minister may give directions to all DHBs
1: The Minister may give a direction to all DHBs to comply with stated requirements for the purpose of supporting government policy on improving the effectiveness and efficiency of the public health and disability sector.
2: The direction must be in writing and must be signed by the Minister and the Minister of Finance.
3: Before giving the direction, the Minister must, to the extent (if any) that the Minister considers necessary in the circumstances,—
a: consult all DHBs; and
b: consult persons that the Minister considers are representative of the interests of persons likely to be substantially affected by the proposed direction.
4: As soon as practicable after giving the direction, the Minister must—
a: notify all DHBs that the direction has been given and that it will come into force subject to subsection (5)
b: present a copy of the direction to the House of Representatives.
5: The direction comes into force 15 sitting days after it is presented to the House of Representatives unless the House of Representatives resolves, in that period, to disapply the direction.
6: Every DHB must give effect to the direction as soon as it comes into force.
7: As soon as practicable after the direction comes into force, the Minister must ensure that a copy of it is published in the Gazette
8: If the direction does not come into force, the Minister must, as soon as practicable, notify all DHBs that the direction has been disapplied and that it will not come into force.
9: Section 113 of the Crown Entities Act 2004 applies to a direction given under this section as if it were a Ministerial direction given under that Act.
10: No direction may be given under this section to Crown entity subsidiaries.
11: For the purposes of section 115(5) of the Crown Entities Act 2004, the procedure set out in this section is a procedure for giving directions. 2004 No 115 ss 107–111, 113
15: New sections 38 and 39 substituted
Sections 38 to 40
38: Planning framework and requirements
1: The Minister—
a: must direct every DHB to prepare a plan for each financial year beginning on or after 1 July 2011; and
b: may direct a DHB to prepare or contribute to 1 or more other plans.
2: Every plan—
a: must address—
i: local, regional, and national needs for health services; and
ii: how health services can be properly co-ordinated to meet those needs; and
iii: the optimum arrangement for the most effective and efficient delivery of health services; and
b: must demonstrate how a DHB that is a party to the plan is to give effect to the purposes of this Act; and
c: must demonstrate how a DHB that is a party to the plan is to operate in a financially responsible manner; and
d: must reflect the overall direction set out in, and not be inconsistent with, the New Zealand health strategy and the New Zealand disability strategy.
3: A DHB that is a party to a plan must comply with any requirements (including any procedural requirements) relating to the plan that are stated in regulations (if any).
4: The plan is finalised once it is—
a: approved by the Minister after he or she is satisfied that the requirements of subsections (2) and (3)
b: signed by the Minister and every DHB that is a party to the plan.
5: A DHB that is a party to the plan must give effect to it and any amendments to it.
6: The plan may be amended at any time in the same manner as it was made.
7: A DHB that is a party to the plan must ensure that the plan and any amendments to it are publicly available as soon as is reasonably practicable after the plan is finalised.
8: In making the plan (and any amendments to it) publicly available, a DHB may omit any information that may properly be withheld under the Official Information Act 1982 if a request for that information were made under that Act.
39: Resolution of disputes over contents of plan
1: The Minister may act under subsection (2) section 38
a: 2 or more DHBs that are parties to the plan cannot agree on its contents; or
b: 1 or more DHBs that are parties to the plan and the Minister cannot agree on its contents.
2: If subsection (1)
3: The advisory body must consist of at least 3 members, each appointed by the Minister 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: The Minister must—
a: make a decision on the dispute by taking into account the advice given by the advisory body; and
b: as soon as practicable after making the decision, publish the decision in general terms on an Internet site operated by the Ministry of Health.
5: A DHB that is a party to the dispute must give effect to the Minister's decision.
16: DHBs to operate in financially responsible manner
Section 41
1: Every DHB 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.
17: New heading and sections 59A to 59E inserted
The following heading and sections are inserted after section 59 Health Quality and Safety Commission
59A: Health Quality and Safety Commission
1: An organisation called the Health Quality and Safety Commission ( HQSC
2: HQSC is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
3: The Crown Entities Act 2004 applies to HQSC except to the extent that this Act expressly provides otherwise.
59B: Objectives of HQSC
The objectives of HQSC are to lead and co-ordinate work across the health and disability sector for the purposes of—
a: monitoring and improving the quality and safety of health and disability support services; and
b: helping providers across the health and disability sector to improve the quality and safety of health and disability support services.
59C: Functions of HQSC
1: The functions of HQSC are—
a: to advise the Minister on how quality and safety in health and disability support 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 health and disability support services; and
d: to provide public reports on the quality and safety of health and disability support 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 health and disability support services; and
f: to disseminate information about the quality and safety of health and disability support services; and
g: to perform any other function that—
i: relates to the quality and safety of health and disability support 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: the Health and Disability Commissioner; and
c: providers; and
d: any groups representing the interests of consumers of health or disability support services; and
e: 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)﻿(g)﻿(ii) Gazette
59D: Membership of board
The board of HQSC consists of at least 7 members appointed under section 28 of the Crown Entities Act 2004.
59E: HQSC may appoint mortality review committees
1: HQSC may appoint 1 or more committees to carry out 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) 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 apply in relation to a mortality review committee.
5: Every person who fails, without reasonable excuse, to comply with a requirement imposed under Schedule 5 by the chairperson of a mortality review committee commits an offence and is liable to a fine not exceeding $10,000.
6: Every person who discloses information contrary to Schedule 5 commits an offence and is liable on summary conviction to a fine not exceeding $10,000.
7: Any member of a registered occupational profession who commits an offence under subsection (5) or (6)
18: Interpretation
Section 60
d: HQSC.
19: Pharmac, NZBS, and CHFA to operate in financially responsible manner
1: The heading to section 66 and CHFA CHFA
2: Section 66
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.
3: Section 66
1A: Subsection (1)
20: Further provisions
Section 70 and CHFA CHFA, and HQSC
21: Discussion required before inquiry board appointed
Section 74(b) section 75(3)﻿(b)) section 75(3)﻿(b)
22: Saving of certain transactions
Section 87(d) district strategic plan or annual plan plan prepared under section 38
23: Regulations
1: Section 92(1)
g: in relation to any plans to be prepared under section 38(1)﻿(a) or 38(1)﻿(b)
i: specifying the form of the plan; and
ii: imposing requirements relating to the content of the plan; and
iii: imposing procedural requirements (such as a requirement for consultation) that must be complied with in the preparation of the plan:
2: Section 92(2) may be mediated or arbitrated with the agreement of the persons concerned are to be mediated or arbitrated
24: Schedule 3 amended
1: Clause 3
b: are not to hold office as elected members of the board of any other DHB:
c: may hold office as appointed members of the board of 1 or more other DHBs.
2: Clause 38(1)﻿(a) after first obtaining the Minister's approval establish
25: Schedule 5 heading amended
The Schedule 5 s 18(5) s 59E
26: Schedule 6 amended
1: The heading to Schedule 6 and CHFA CHFA, and HQSC
2: Clause 1
d: HQSC.
2: Transitional arrangements and amendments to other enactments
Transitional arrangements
27: Transitional arrangements for district strategic plans and district annual plans
1: Every district strategic plan of a DHB that is in force immediately before the commencement of section 15
a: the expiry of the district strategic plan:
b: the commencement of the new plan.
2: Every district annual plan of a DHB that is in force immediately before the commencement of section 15
a: the expiry of the district annual plan:
b: the commencement of the new plan.
3: While a plan that is continued in force by subsection (1) or (2) continues in force, the principal Act applies to it as if this Act had not been enacted.
4: In this section, unless the context otherwise requires,— district annual plan section 39 district strategic plan section 38 new plan
a: prepared under section 38 section 15
b: to which the DHB is a party; and
c: that would apply in the place of the DHB's district strategic plan, or as the case requires, district annual plan. Amendment to Crown Entities Act 2004
28: Amendment to Crown Entities Act 2004
1: This section amends the Crown Entities Act 2004
2: Part 1 The following table is small in size and has 6 columns. This table amends Part 1 of Schedule 1 of the Crown Entities Act 2004 and should be read with that table to provide understanding of the context Name Exemption from acquisition of securities, borrowing, guarantee, and derivative rules Exemption from section 165 (net surplus payable to Crown) s 161 s 162 s 163 s 164 Health Quality and Safety Commission OIC (SR 2010/390) 2010-11-09 Crown Entities Act 2004 This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions. to the extent not previously brought into force under subsection (1), this Act comes into force 6 months after the date on which it receives the Royal assent. Amendments to Health Sector (Transfers) Act 1993
29: Amendments to Health Sector (Transfers) Act 1993
1: This section amends the Health Sector (Transfers) Act 1993
2: Section 2(1) HQSC section 59A
3: The definition of publicly-owned health and disability organisation section 2(1) and Pharmac Pharmac, and HQSC OIC (SR 2010/390) 2010-11-09 Health Sector (Transfers) Act 1993 This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions. to the extent not previously brought into force under subsection (1), this Act comes into force 6 months after the date on which it receives the Royal assent. Amendment to Ombudsmen Act 1975
30: Amendment to Ombudsmen Act 1975
1: This section amends the Ombudsmen Act 1975
2: Part 2 Health Quality and Safety Commission OIC (SR 2010/390) 2010-11-09 Ombudsmen Act 1975 This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions. to the extent not previously brought into force under subsection (1), this Act comes into force 6 months after the date on which it receives the Royal assent.