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Medicines Act 1981

Miscellaneous provisions

105C: Orders in Council providing for exemption from, or modifications of, restrictions on pharmacy ownership and operation

You could also call this:

"Rules about owning or running a pharmacy can be changed or exempted in special cases"

Illustration for Medicines Act 1981

The Governor-General can make an Order in Council to exempt you from some rules about owning or running a pharmacy. This can happen if the Minister recommends it and thinks it will improve health services or meet the needs of your community. You can find more information about what this means in the Legislation Act 2019. If an Order in Council is made, it might be published online so you can see it. The Minister has to say why they recommended the Order in Council. This helps you understand the reasons behind the decision. Sometimes an Order in Council is not published online, but it still has to be made available to you if it affects you directly. This is so you can know what is happening and why. The Minister's reasons for the Order in Council will be published with it, so you can see why the decision was made.

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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=DLM56580.

Topics:
Health and wellbeing > Healthcare servicesBusiness > Industry rules
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Part 8Miscellaneous provisions

105COrders in Council providing for exemption from, or modifications of, restrictions on pharmacy ownership and operation

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister,—

  2. exempt any person or class of person from any of the requirements of section 55D(2)(a) or section 55E(1)(a):
    1. modify the application of the provisions of section 55D(2)(a) or section 55E(1)(a) in respect of any person or class of person.

      1. The Minister must not recommend the making of any Order in Council under subsection (1) unless in the opinion of the Minister—

      2. health services or access to those services will be improved by the making of that Order in Council; and
        1. the making of that Order in Council is necessary to meet the needs of the community in the particular location of the pharmacy or proposed pharmacy.

          1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it relates exclusively to an individual.

          2. An order under this section that is not secondary legislation must be published on an Internet site maintained by or on behalf of the department.

          3. The Minister’s reasons for recommending the making of the order must be published with the order.

          Notes
          • Section 105C: inserted, on , by section 21 of the Medicines Amendment Act 2003 (2003 No 50).
          • Section 105C(3): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 105C(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 105C(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).