Health Research Council Act 1990

1: Short Title and commencement
1: This Act may be cited as the Health Research Council Act 1990.
2: This Act shall come into force on 1 October 1990.
2: Interpretation
In this Act, unless the context otherwise requires,— biomedical research
a: research in the biomedical sciences relevant to human health; and
b: research into the causes, consequences, diagnosis, and treatment of human illness Council health research Minister public health research
a: research into health systems and health services; and
b: research into the environmental, socio-economic, cultural, and behavioural factors that determine health status research committee section 13 section 15 1950 No 20 s 2 1956 No 85 s 2(1) 1965 No 29 s 2(2) Section 2 appointed member repealed 20 December 1991 section 2 Health Research Council Amendment Act 1991 Section 2 financial year repealed 25 January 2005 section 200 Crown Entities Act 2004
3: Act to bind the Crown
This Act shall bind the Crown.
4: Purpose
The purpose of this Act is to improve human health by promoting and funding health research.
1: Health Research Council of New Zealand
5: Health Research Council of New Zealand
1: There is hereby constituted a statutory entity
2: The Council is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 1950 No 20 s 3(1) 1965 No 29 s 2(3) Section 5(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(3) added 25 January 2005 section 200 Crown Entities Act 2004
6: Functions of Council
1: The functions of the Council shall be—
a: to advise the Minister on national health research policy:
b: to administer funds granted to the Council for the purpose of implementing national health research policy:
c: to negotiate, once every 3 years, the bulk-funding allocations that may be made to the Council by the Government for the funding of health research:
d: to foster the recruitment, education, training, and retention of those engaged in health research in New Zealand:
e: to initiate and support health research:
f: to encourage initiatives into health research by soliciting research proposals and applications, particularly in areas considered by the Council to have a high priority:
g: to consult, for the purpose of establishing priorities in relation to health research, with—
i: the Minister of Health; and
ii: the Ministry of Health; and
iii:
iv: other persons who fund or produce research, whether in the public sector or the private sector; and
v: persons who have a knowledge of health issues from the consumer perspective:
h: to promote and disseminate the results of health research in ways that will be most effective in encouraging their contribution to health science, health policy, and health care delivery:
i: to advertise actively for applications for grants to support proposals or personal awards in relation to health research:
j: to appoint the members of the Biomedical Research Committee, the Public Health Research Committee, the Maori Health Committee, and the Ethics Committee:
k: to ensure the development and application of appropriate assessment standards by committees or subcommittees that assess health research proposals:
l: to administer any additional funds that may be made available to the Council from either public or private sources for the support of health research:
m: any other functions conferred on it by the Minister in accordance with section 112
2: 1950 No 20 s 9 1965 No 29 s 8 Section 6(1)﻿(g)﻿(ii) substituted 1 July 1993 section 32 Health Reforms (Transitional Provisions) Act 1993 Section 6(1)﻿(g)﻿(iii) repealed 1 July 1993 section 32 Health Reforms (Transitional Provisions) Act 1993 Section 6(1)﻿(m) added 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Powers of Council
1:
2: Without limiting section 17
a:
b: section 31
c:
3: 1950 No 20 s 10(a), (b), (c), (f), (h) 1965 No 29 s 9(1) Section 7(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2)﻿(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2)﻿(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(2)﻿(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
8: Membership of Council
1: The Council shall consist of—
a: 5 persons who are or have been actively engaged in health research:
b: 5 persons who have skills and experience in areas such as community affairs, health administration, law, or management or knowledge of health issues from a consumer perspective.
2: Subsection (1) does not limit section 29
3: Members of the Council are the board for the purposes of the Crown Entities Act 2004 1950 No 20 s 4(1) Section 8 substituted 20 December 1991 section 3 Health Research Council Amendment Act 1991 Section 8(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 8(3) added 25 January 2005 section 200 Crown Entities Act 2004
9: Term of office
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004
10: Extraordinary vacancies
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Chairperson
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Deputy Chairperson
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004 Research committees
13: Biomedical Research Committee
There is hereby established, as a committee of the Council, a Biomedical Research Committee.
14: Principal function of Biomedical Research Committee
The principal function of the Biomedical Research Committee shall be to advise the Council on the assignment of funds for health research that is predominantly biomedical health research.
15: Public Health Research Committee
There is hereby established, as a committee of the Council, a Public Health Research Committee.
16: Principal function of Public Health Research Committee
The principal function of the Public Health Research Committee shall be to advise the Council on the assignment of funds for health research that is predominantly public health research.
17: General functions of research committees
The general functions of each research committee shall be—
a: to advise the Council on the sum of money required for the research committee's proposed research programme, including—
i: administrative overheads; and
ii: fellowships and awards:
b: to advise the Council on priorities in relation to the type of health research in respect of which the research committee is established:
c: to determine, within the policy determined from time to time by the Council, the appropriate methods and the appropriate mechanism for assessing and ranking applications for grants for the purposes of health research:
d: to recommend to the Council the programme of health research to be supported:
e: to determine, within the general policy of the Council, whether applications for grants submitted to it should be supported, and to accord a priority ranking to those applications that are to be supported:
f: to monitor, in accordance with guidelines set by the Council, the performance of grantees, and to report to the Council on the performance of grantees.
18: Procedures for ranking applications
1: Each research committee shall establish procedures for ranking, within the general policy of the Council, the applications for grants for the purposes of health research that are to be supported.
2: The ranking shall establish the order of priority for the making of grants in respect of applications.
19: Other procedures of research committees
Each research committee shall—
a: adopt assessment, monitoring, and evaluation methods that are appropriate to the type of health research proposals that the research committee will be required to consider:
b: publicise as widely as possible the criteria the research committee will follow:
c: actively seek health research proposals in priority areas:
d: assess applications received and advise the Council of those that the research committee has determined are to be supported:
e: where the research committee declines to support an application made to the Council for a grant for the purposes of health research, inform the applicant in writing of the research committee's reasons for declining to support the application.
20: Membership of research committees
1: Each research committee shall consist of 7 members.
2: At least 5 of the 7 members of each research committee shall have research experience that is relevant to the kind of health research in respect of which the committee is established.
3: The members of each research committee—
a: shall be appointed from time to time by the Council; and
b: may include both members of the Council and persons who are not members of the Council.
4: In appointing members of a research committee, the Council shall have regard to—
a: their personal attributes; and
b: their ability to contribute to the discharge of the functions of the research committee.
5: The chairperson of each research committee shall be a member of the Council from time to time appointed for the purpose by the Council.
6: Subject to subsection (7), every member of a research committee shall be appointed for a term of 3 years, but may from time to time be reappointed.
7: Upon the completion by any person of 2 consecutive terms as a member of a research committee, that person shall cease to be eligible for reappointment as a member of that research committee until after the lapse of 3 years during which that person did not hold office as a member of that research committee. Maori Health Committee
21: Maori Health Committee
There is hereby established, as a committee of the Council, a Maori Health Committee.
22: Principal functions of Maori Health Committee
The principal functions of the Maori Health Committee shall be to advise the Council on health research into issues that affect Maori people, with particular reference to research impinging on cultural factors affecting the Maori people, including those that affect the gathering of information, and the verification and validation of information.
23: Membership of Maori Health Committee
1: The Maori Health Committee shall consist of 7 members.
2: The members of the Maori Health Committee—
a: shall be appointed from time to time by the Council; and
b: may include both members of the Council and persons who are not members of the Council.
3: In appointing members of the Maori Health Committee, the Council shall have regard to—
a: their personal attributes; and
b: their ability to contribute to the discharge of the functions of the Maori Health Committee.
4: The chairperson of the Maori Health Committee shall be a member of the Council from time to time appointed for the purpose by the Council.
5: Subject to subsection (6), every member of the Maori Health Committee shall be appointed for a term of 3 years, but may from time to time be reappointed.
6: Upon the completion by any person of 2 consecutive terms as a member of the Maori Health Committee, that person shall cease to be eligible for reappointment as a member of that committee until after the lapse of 3 years during which that person did not hold office as a member of that committee. Ethics Committee
24: Ethics Committee
There is hereby established, as a committee of the Council, an Ethics Committee.
25: Functions of Ethics Committee
1: The functions of the Ethics Committee shall be—
a: to consider and make recommendations to the Council on ethical issues in relation to health research, especially those emerging through the development of new areas of health research:
b: to provide and review ethical guidelines for the Council:
c: subject to paragraph (d), to ensure that, in respect of each application submitted to the Council for a grant for the purposes of health research, an independent ethical assessment of the proposed health research is made either by the Ethics Committee itself or by a committee approved by the Ethics Committee:
d: where an application for a grant for the purposes of health research is submitted to the Council in respect of health research that is of national importance or great complexity, to itself make an independent ethical assessment of the proposed health research:
e: to review, at the request of any person who has made an application for a grant for the purposes of health research, the independent ethical assessment made, in respect of the proposed health research, by a committee approved under paragraph (c):
f: to give, in relation to ethics committees established by other bodies, advice on—
i: the membership of those committees; and
ii: the procedures to be adopted, and the standards to be observed, by those committees:
g: to provide independent comment on ethical problems that may arise in any aspect of health research:
h: to perform any other functions (whether or not related to health research) it is for the time being—
i: given by or under any enactment; or
ii: authorised to perform by the Minister, by written notice to the Health Research Council after consultation with it.
1A: The Minister must, as soon as practicable after giving a notice to the Health Research Council under subsection (1)﻿(h)﻿(ii), publish a copy in the Gazette
2: The Ethics Committee or any ethics committee approved under subsection (1)﻿(c) may, in carrying out an independent ethical assessment under paragraph (c) or paragraph (d) of subsection (1), consult, as it thinks fit, with other persons or bodies. Section 25(1)﻿(h) added 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 25(1A) inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000
26: Membership of Ethics Committee
1: The members of the Ethics Committee shall comprise—
a: the Chairperson of the Council or a member of the Council nominated from time to time by the Chairperson of the Council:
b: 2 persons to be appointed from time to time by the Council, both of whom shall have qualifications in science and one of whom shall be a member of the Council:
c: 4 other persons, not being members of the Council, to be appointed from time to time by the Council.
2: In appointing persons under subsection (1)﻿(b) or subsection (1)﻿(c), the Council shall have regard to the need among the members of the Ethics Committee for a diversity of knowledge and experience in relation to ethics, philosophy, law, theology, nursing, women's health, patient advocacy, and tikanga Maori.
3: The Ethics Committee shall from time to time appoint one of its members to be the chairperson of the Ethics Committee. General provisions relating to committees Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Appointment of committees
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Power of committees to appoint subcommittees
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Power of delegation
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Procedure of committees
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004 Grants for health research
31: Consideration of applications
1: Where an application for a grant for the purposes of health research is made to the Council, the Council—
a: shall refer that application to a research committee so that a scientific assessment of the health research may be made by that research committee; and
b: shall refer that application to the Ethics Committee so that that Committee may make, or arrange for the making of, an independent ethical assessment of the health research.
2: No application shall be granted unless the Council considers, after having regard to the scientific assessment made by the research committee to which the application was referred under subsection (1)﻿(a) and to the independent ethical assessment made pursuant to subsection (1)﻿(b), that—
a: the scientific design of the proposed research is sound; and
b: the study is both relevant and feasible given the available resources; and
c: the research is ethically acceptable.
3: The Council shall have regard to the effect that its decisions on applications for grants for the purpose of health research may have on the future availability of research providers.
4: Within the general policy of the Government in relation to health research, the Council shall be responsible for identifying and setting priorities for undertaking health research, and in undertaking this task it shall take into account the views of the Minister, the Ministry of Health Section 31(4) amended 1 July 1993 section 38(3) Health Amendment Act 1993
32: Reports on research
1: Every person who or organisation which receives a grant under this Act shall make available to the Council such information as the Council from time to time requires for the purpose of monitoring and evaluating the progress and outcome of the research.
2: Information made available pursuant to a requirement under subsection (1) shall be referred by the Council to—
a: the research committee that made, in respect of the health research, the scientific assessment required by section 31(1)﻿(a)
b: the Ethics Committee; and
c: any committee that made, in respect of the health research, the independent ethical assessment required by section 31(1)﻿(b)
3: Those evaluations shall be taken into consideration when any future application by the grantee to the Council for a grant for the purposes of health research is being considered.
33: Availability of results of research
The Council shall make the results of the research it funds available to any interested person or organisation.
34: Liaison with other organisations
1: The Council shall develop close and supportive relationships with any charitable, private, or other organisations that fund health research.
2: For the purpose of subsection (1), the Council shall set up formal mechanisms of liaison to develop a national health research strategy for New Zealand.
3: The Council may make available to other organisations, on a cost-recovery basis, its procedures for—
a: the assessment of applications:
b: the preparation of contracts:
c: the administration of research funds.
4: Liaison under this section may include joint ventures in support of specific research proposals.
5: The Council shall develop and maintain close links with the Ministry of Health and persons purchasing or providing health services
6: The Council may, by agreement with the Director-General of Health or any person purchasing or providing health services,—
a: act as the agent of the Director-General of Health or of the person purchasing or providing health services in letting contracts for health research; or
b: perform the scientific assessment of in-house research carried out by or on behalf of the Ministry of Health or the person purchasing or providing health services. Section 34(5) amended 1 July 1993 section 32 Health Reforms (Transitional Provisions) Act 1993 Section 34(6) substituted 1 July 1993 section 32 Health Reforms (Transitional Provisions) Act 1993 Miscellaneous provisions
35: Contracts of Council
Section 35 repealed 25 January 2005 section 200 Crown Entities Act 2004
36: Seal
Section 36 repealed 25 January 2005 section 200 Crown Entities Act 2004
37: Rules
Section 37 repealed 25 January 2005 section 200 Crown Entities Act 2004
38: Annual report
1:
2: The Council shall include in every annual report of the Council under section 150
a: a report on how the health research supported by the Council has contributed to the implementation of national health research policy; and
b: a list of grants awarded during the year; and
c: a description of research projects completed during the year or in progress at the end of the year; and
d: an outline of the policies of the Council (including its priorities); and
e: a discussion of issues of social or cultural importance in relation to health research.
3:
4: 1950 No 20 s 23 Section 38(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 38(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 38(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 38(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Exemption from income tax
The income of the Council shall be exempt from income tax. 1950 No 20 s 20 1989 No 50 s 10
40: Further provisions applying to Council
The provisions set out in Schedule 1
41: Authority to make contributions for purposes of health research
1: Any local authority or other public body, any corporation sole, any company or other incorporated body, any unincorporated body of persons, any trustee or trustees (including any statutory trustee or trustees or board of trustees), or any other person may, unless expressly prohibited by any Act, or by any instrument of trust, make to the Council
2: 1950 No 20 s 19(1), (3) Section 41(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 41(2) repealed 1 July 2003 section 262 Local Government Act 2002
42: Protection of persons acting under authority of Act
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004
43: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Regulations under this section are secondary legislation ( see Part 3 1950 No 20 s 24 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 43(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Dissolution of Medical Research Council of New Zealand
44: Dissolution of Medical Research Council of New Zealand
1: The Medical Research Council of New Zealand constituted by section 3 of the Medical Research Council Act 1950
2: No member of the Medical Research Council of New Zealand shall be entitled to compensation for loss of office resulting from the dissolution of that Council.
45: Assets and liabilities
On the commencement of this Act all assets and liabilities of the Medical Research Council of New Zealand shall become assets and liabilities of the Health Research Council of New Zealand.
46: Vesting of assets
1: On the commencement of this Act all real and personal property vested in the Medical Research Council of New Zealand shall vest in the Health Research Council of New Zealand, subject to all liabilities, charges, obligations, or trusts affecting that property.
2: All money which has before the commencement of this Act been appropriated by Parliament for the purposes of medical research and which at the commencement of this Act is held for that purpose in the Medical Research Endowment Fund Account pursuant to the Medical Research Council Act 1950
3: On the commencement of this Act all money payable to the Medical Research Council of New Zealand shall become payable to the Health Research Council of New Zealand. 1950 No 20 s 13(1)
47: Proceedings
On the commencement of this Act all proceedings pending by or against the Medical Research Council of New Zealand may be carried on, completed, or enforced by or against the Health Research Council of New Zealand.
48: Transitional provision in relation to persons employed on research and as tenured investigators
1: Every person who, immediately before the commencement of this Act, was an employee of the Medical Research Council of New Zealand, who was engaged on health research for that Council shall (subject to clause 3(2)
a: the completion of the first relevant Health Research Council of New Zealand funding round that takes place after the commencement of this Act; or
b: the expiration of 31 December 1991.
2: Every person who was, immediately before the commencement of this Act, a person funded, directly or indirectly, by the Medical Research Council of New Zealand as a tenured investigator for a term that has not expired shall (subject to the contract under which that person is funded) continue to be funded by the Health Research Council of New Zealand until the earlier of—
a: the expiration of that term; or
b: the expiration of 31 December 1993.
49: Other transitional provision
Subject to the other provisions of this Act, and unless in any case the context otherwise requires, every reference in any other Act or in any regulations to the Medical Research Council of New Zealand shall hereafter be read as a reference to the Health Research Council of New Zealand constituted by this Act.
50: Final accounts of Medical Research Council of New Zealand
1: As soon as reasonably practicable after the commencement of this section, the Director-General of Health shall cause to be prepared final accounts of the Medical Research Council of New Zealand as at the close of 30 September 1990.
2: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be sent by the Director-General of Health to the Minister of Health.
3: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be laid before the House of Representatives by the Minister of Health as soon as practicable after their receipt by that Minister.
3: Consequential amendments and repeals
51: Consequential amendment to War Pensions Act 1954
Section 51 repealed 7 December 2014 section 278 Veterans’ Support Act 2014
52: Consequential amendment to Ministry of Transport Act 1968
1: Amendment(s) incorporated in the Act(s).
2: Notwithstanding subsection (1), the person holding office immediately before the commencement of this Act as the member of the Road Traffic Safety Research Council appointed under section 13I(2)﻿(g) of the Ministry of Transport Act 1968 section 13I(3)﻿(b) of that Act
53: Consequential amendments to Local Authorities (Members' Interests) Act 1968
1: Amendment(s) incorporated in the Act(s)
2: The Local Authorities (Members' Interests) Act 1968 Part 2
54: Consequential amendment to Estate and Gift Duties Act 1968
Amendment(s) incorporated in the Act(s)
55: Consequential amendments to Stamp and Cheque Duties Act 1971
Section 55 repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999
56: Consequential amendment to Income Tax Act 1976
Section 56 repealed 1 April 1995 Income Tax Act 1994
57: Consequential amendment to Medicines Act 1981
Amendment(s) incorporated in the Act(s)
58: Consequential amendments to Official Information Act 1982
Section 58 repealed 25 January 2005 section 200 Crown Entities Act 2004
59: Repeals
The enactments specified in Schedule 2