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Health Act 1956

Regulations

120A: Regulations as to homes and day-care centres for aged persons

You could also call this:

"Rules to Keep Older People Safe in Rest Homes and Day-Care Centres"

Illustration for Health Act 1956

The law says rules can be made to control homes and day-care centres for older people. You need to know what these rules are so you can understand how homes and day-care centres work. The rules are made to keep older people safe.

The rules can say what staff must be at these homes and day-care centres. You will have to follow certain standards to manage the premises and care for the people. The rules can also say how often these homes and day-care centres are inspected.

If you run one of these homes or day-care centres, you might have to pay a licence fee. The rules can say what conditions you must meet to get a licence. They can also say what happens if you do not follow the rules.

A home is a place where older people live and pay for their food and lodging. It is not a hospital, and it must meet certain standards. A day-care centre is a place where older people go during the day for care and activities.

You must not say a home or day-care centre is something it is not, like a licensed hospital. This is against the law, and you can get in trouble. The law is in place to protect older people and make sure they are cared for properly.

The Mental Health (Compulsory Assessment and Treatment) Act 1992 and the Hospitals Act 1957 are laws that define what a hospital is. These laws help decide what kind of care a home or day-care centre can provide. They also help keep older people safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308416.

Topics:
Health and wellbeing > Healthcare servicesHealth and wellbeing > Public health
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Part 6Regulations

120ARegulations as to homes and day-care centres for aged persons

  1. Regulations made under this Act may provide for the registration, licensing, and control of homes and day-care centres for aged persons within the meaning of subsections (4) and (5).

  2. Any such regulations may—

  3. prescribe, either by reference to other enactments or otherwise, minimum standards of staffing to be provided in all such homes and day-care centres or in any class or classes of such homes or day-care centres:
    1. require compliance by the proprietors of all such homes and day-care centres with specified codes of practice or specified standards relating to management of premises and care of persons:
      1. provide for the inspection of all such homes and day-care centres and of premises reasonably believed to be such homes or day-care centres:
        1. prescribe licence fees to be payable by the proprietors of all such homes and day-care centres or any class or classes of such homes or day-care centres:
          1. prescribe conditions to govern, or that may be imposed in respect of, the grant and transfer of licences for such homes and day-care centres and the duties of licensees thereof:
            1. provide for the cancellation of such licences:
              1. exempt or provide for the exemption of any such home or day-care centre or any class or classes of such homes or day-care centres from all or any of the provisions of the regulations:
                1. provide for the granting of temporary licences in respect of homes and day-care centres which do not comply with the minimum standards prescribed:
                  1. prescribe the conditions subject to which persons may be accommodated in homes, whether those persons have attained the age of 65 years or not:
                    1. prescribe minimum standards of care to be provided for residents in homes and for aged persons in day-care centres:
                      1. prescribe activity programmes to be conducted for residents in homes and for aged persons in day-care centres:
                        1. prescribe the qualifications required for managers of homes:
                          1. prescribe training courses required to be undergone by persons employed in homes and day-care centres.

                            1. Every person commits an offence against this Act who holds out, or uses any words which are likely to lead persons to believe, that any home is a licensed hospital within the meaning of the Hospitals Act 1957 or a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or that premises which are not registered or licensed under regulations made pursuant to this section are in fact so registered or licensed.

                            2. In this section the term home means any premises where 3 or more persons who have attained the age of 65 years and are not related by blood or marriage or by or through a civil union or de facto relationship to the householder are, or are to be, in residence and paying for their lodging and for 1 or more meals a day, being any premises that are, or purport to be, conducted principally for aged-frail persons, and not being a licensed hospital within the meaning of the Hospitals Act 1957 or a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

                            3. In this section the term day-care centre means any premises which are or purport to be used regularly, although not necessarily continuously, for the accommodation (for the purposes of care, occupation, recreation, or entertainment), during the day, of 5 or more persons who have attained the age of 65 years, who are not related by blood or marriage or by or through a civil union or de facto relationship to the occupier of the premises, and by whom or on whose behalf payment is made in respect of such accommodation or in respect of 1 or more meals provided in the course of such accommodation, whether or not the premises are used at the same time for the accommodation of other persons or for other purposes; but does not include—

                            4. a home; or
                              1. any premises expressly excepted from the definition of home in subsection (4); or
                                1. any premises in which such accommodation may be provided by virtue of powers conferred by, or by virtue of a licence issued by a local authority under, any other enactment.

                                  Notes
                                  • Section 120A: replaced, on , by section 92(1) of the Building Act 1991 (1991 No 150).
                                  • Section 120A(3): amended, on , by section 32(a) of the Health Amendment Act 1993 (1993 No 24).
                                  • Section 120A(4): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                                  • Section 120A(4): amended, on , by section 32(b) of the Health Amendment Act 1993 (1993 No 24).
                                  • Section 120A(5): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).