Plain language law

New Zealand law explained for everyone

Health and Disability Commissioner Act 1994

Amendments to other enactments

Schedule 2: Provisions applying in respect of Commissioner

You could also call this:

"Rules that apply to the Health and Disability Commissioner"

Illustration for Health and Disability Commissioner Act 1994

The Health and Disability Commissioner Act 1994 has some special rules for the Commissioner. You need to know that the Commissioner can pay for superannuation or retiring allowances for themselves. This is explained in section 6(1) of the Financial Markets Conduct Act 2013.

If the Commissioner or their staff were already contributing to the Government Superannuation Fund, they can keep doing so. The Government Superannuation Fund Act 1956 applies to them as if they were still working for the government.

The Commissioner's income is exempt from income tax, which means they do not have to pay tax on the money they earn.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334193.

Topics:
Health and wellbeing > Healthcare servicesGovernment and voting > Government departmentsMoney and consumer rights > TaxesMoney and consumer rights > Savings and retirement
Previous

Schedule 1: Former health registration enactments, or

"Old laws about health jobs and workers in New Zealand"

2Provisions applying in respect of Commissioner Empowered by s 17

1Employment of experts (Repealed)

    Notes
    • Schedule 2 clause 1: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

    2Staff (Repealed)

      Notes
      • Schedule 2 clause 2: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

      3Salaries and allowances (Repealed)

        Notes
        • Schedule 2 clause 3: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

        4Superannuation or retiring allowances

        1. For the purpose of providing superannuation or retiring allowances for the Commissioner, the Commissioner may, out of the funds of the Commissioner, make payments to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

        2. Notwithstanding anything in this Act, any person who, immediately before being appointed as the Commissioner or, as the case may be, becoming an employee of the Commissioner, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as the Commissioner or, as the case may be, to be an employee of the Commissioner; and that Act shall apply to that person in all respects as if that person’s service as the Commissioner or, as the case may be, as such an employee were Government service.

        3. Subject to the Government Superannuation Fund Act 1956, nothing in subclause (2) entitles any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.

        4. For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds office as the Commissioner or, as the case may be, is in the service of the Commissioner as an employee and (in either case) is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to any such person, means the Commissioner.

        5. For the purposes of this clause, Commissioner includes any Deputy Commissioner.

        Notes
        • Schedule 2 clause 4(1): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
        • Schedule 2 clause 4(1): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Schedule 2 clause 4(5): added, on , by section 21(2) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).
        • Schedule 2 clause 4(5): amended, on , by section 18 of the Mental Health and Wellbeing Commission Act 2020 (2020 No 32).

        5Application of certain Acts to Commissioner and staff (Repealed)

          Notes
          • Schedule 2 clause 5: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

          6Services for Commissioner (Repealed)

            Notes
            • Schedule 2 clause 6: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

            7Funds of Commissioner (Repealed)

              Notes
              • Schedule 2 clause 7: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

              8Bank accounts (Repealed)

                Notes
                • Schedule 2 clause 8: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                9Investment of money (Repealed)

                  Notes
                  • Schedule 2 clause 9: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                  10Commissioner not to borrow without consent of Minister of Finance (Repealed)

                    Notes
                    • Schedule 2 clause 10: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                    11Auditor-General to be auditor of Commissioner’s accounts (Repealed)

                      Notes
                      • Schedule 2 clause 11: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                      12Seal (Repealed)

                        Notes
                        • Schedule 2 clause 12: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                        13Exemption from income tax

                        1. The income of the Commissioner shall be exempt from income tax.