Artificial Limb Service Act 2018

1: Title
This Act is the Artificial Limb Service Act 2018
2: Commencement
This Act comes into force on 26 November 2018. General provisions
3: Purpose of this Act
The purpose of this Act is to continue, state the functions of, and otherwise provide for, a New Zealand Artificial Limb Service.
4: Interpretation
In this Act, unless the context otherwise requires,— artificial limb
a: an artificial arm, hand, leg, or foot; or
b: a similar device Minister Service section 7 1938 No 7 s 106B; 1963 No 47 s 56; 1964 No 136 s 126 s 42
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in the Schedule
6: Act binds the Crown
This Act binds the Crown. Service’s continuation, functions, and operation
7: New Zealand Artificial Limb Service continued
1: This section continues the New Zealand Artificial Limb Service.
2: The Service is the New Zealand Artificial Limb Board—
a: established on 1 April 1990 by section 43(1) Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990
b: replacing the Artificial Limb Board (also known as the New Zealand Artificial Limbs Board) that the Rehabilitation Board, purporting to act under section 13 of the Rehabilitation Act 1941
c: renamed, and to be known as, the New Zealand Artificial Limb Service, after the commencement, on 5 December 2013, of the Social Welfare (Transitional Provisions) Amendment Act 2013
3: After 4 December 2013, a reference to the New Zealand Artificial Limb Board (established on 1 April 1990 by section 43(1) of the Social Welfare (Transitional Provisions) Act 1990 1990 No 26 s 43(1), (1A)
8: Functions
The functions of the Service are—
a: to manufacture, import, export, market, distribute, supply, fit, repair, and maintain artificial limbs:
b: to provide rehabilitative and other services to persons in connection with artificial limbs:
c: to carry out research and development in relation to artificial limbs:
d: to advise the Minister on matters relating to artificial limbs. 1990 No 26 s 44
9: Crown entity
1: The Service is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
3: Members of the Service are the board for the purposes of the Crown Entities Act 2004 1990 No 26 ss 43(2), (3) 46(2)
10: Membership
The Service consists of 6 members appointed under section 28(1)﻿(a)
a: 1 member to be appointed by the Minister to represent the interests of war amputees:
b: 1 member to be appointed by the Minister on the nomination of the Amputees Federation of New Zealand Incorporated:
c: 1 member to be appointed by the Minister on the nomination of the New Zealand Orthopaedic Association:
d: 1 member to be appointed by the Minister to represent Health New Zealand
e: 1 member to be appointed by the Minister on the nomination of a majority of the current members of the Service. 1990 No 26 s 46(1) Section 10(d) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11: Deputies of members
1: The Minister may appoint a person to be the deputy of an appointed member of the Service.
2: The person may be appointed under subsection (1) only if eligible to be appointed as an appointed member of the Service.
3: A person appointed as the deputy of an appointed member of the Service may attend a meeting of the Service in the place of that appointed member. 1990 No 26 s 49 Schedule 3
12: Superannuation
1: To help provide a superannuation fund or retiring allowance for officers or employees of the Service, sums by way of subsidy may from time to time be paid into—
a: an existing scheme containing provision for employer subsidy; or
b: an employer-subsidised scheme approved by the Minister of Finance for the purposes of this section.
2: In subsection (1)﻿(a), existing scheme sections 2 34(c) 1990 No 26 s 49 Schedule 3
13: Exemption from income tax
The income of the Service is exempt from income tax. 1990 No 26 s 49 Schedule 3
14: Review of Service’s operation and this Act
As soon as practicable after 5 years after the date of the last review carried out under section 48
a: review the Service’s operation since—
i: the date of the last review carried out under that Act (for the first review carried out under this paragraph); or
ii: the date of the last review carried out under this paragraph (for every later review); and
b: consider—
i: whether the Service should be retained or abolished; and
ii: whether any amendments to this Act
c: report its findings to the Minister. 1990 No 26 s 48 Repeal and consequential amendment
15: Repeal
Repeal Part 3 Schedule 3 2018-11-26 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 Repeal Part 3 and Schedule 3 of the above
16: Public Bodies Contracts Act 1959 amended
1: This section amends the Public Bodies Contracts Act 1959
2: In Schedule 1 Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990 (1990 No 26) Artificial Limb Service Act 2018 (2018 No 34) 2018-11-26 Public Bodies Contracts Act 1959 See section 16(2)