Pae Ora (Healthy Futures) Act 2022

Key roles and health documents - Ministerial powers

62: Minister may dismiss board or appoint commissioner

You could also call this:

"The Minister can remove the Health New Zealand board or replace it with a commissioner."

Illustration for Pae Ora (Healthy Futures) Act 2022

If you are the Minister and you are seriously dissatisfied with the performance of the board of Health New Zealand, you may dismiss all members of the board by written notice. You may appoint a commissioner to replace the board if all members are removed from office. A commissioner has the same functions, duties, powers, and protections as the board and its members, and must follow the provisions of the Pae Ora (Healthy Futures) Act 2022 and the Crown Entities Act 2004. You may dismiss a commissioner from office at any time by written notice. A commissioner may also dismiss a deputy commissioner with your agreement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS575552.

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Part 2Key roles and health documents
Ministerial powers

62Minister may dismiss board or appoint commissioner

  1. If the Minister is seriously dissatisfied with the performance of the board of Health New Zealand, the Minister may, by written notice, dismiss all members of the board.

  2. The Minister may, by written notice, appoint a commissioner to replace the board of Health New Zealand if all the members of the board are removed from office under subsection (1) or the Crown Entities Act 2004.

  3. A commissioner has all the functions, duties, powers, and protections of the board and of a member of the board.

  4. A commissioner may appoint, on any terms and conditions that may be agreed, up to 3 deputy commissioners, each of whom must be a person who would be eligible to be appointed by the Minister to the board.

  5. The Minister may at any time, by written notice, dismiss a commissioner from office.

  6. A commissioner may at any time, by written notice, dismiss a deputy commissioner from office with the agreement of the Minister.

  7. All the provisions of this Act and the Crown Entities Act 2004 that apply to appointed members of a board apply, with any necessary modifications, to a commissioner and a deputy commissioner.

  8. Repealed
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Notes
  • Section 62(1): amended, on , by section 32(1) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
  • Section 62(2): replaced, on , by section 32(2) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
  • Section 62(8): repealed, on , by section 32(3) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).