Pae Ora (Healthy Futures) Act 2022

General - Powers in relation to service commissioning

94: Arrangements relating to payments

You could also call this:

"Rules about how payments are made"

Illustration for Pae Ora (Healthy Futures) Act 2022

The Crown or Health New Zealand can give notice of the terms and conditions for making payments to people. You accept these terms and conditions if you accept the payment. The Crown or Health New Zealand can enforce these terms and conditions as if you had signed an agreement. The terms and conditions usually include a rule that 12 weeks' notice must be given before any changes are made. You can find the notice in the Gazette before it starts. The notice must be made public as soon as possible after it is made. The Crown or Health New Zealand cannot issue a notice that would affect Pharmac or NZBOS. You can find more information about this in section 95. The notice must be published and made public before it takes effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS575617.

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95: Restrictions on notices given under section 94, or

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Part 4General
Powers in relation to service commissioning

94Arrangements relating to payments

  1. The Crown or Health New Zealand may, subject to section 95, give notice (notice) of the terms and conditions (terms and conditions) on which it will make payment to any person or persons.

  2. A person who accepts the payment referred to in the notice is deemed to accept the terms and conditions.

  3. Compliance by the person with the terms and conditions may be enforced by the Crown or Health New Zealand (as the case may be) as if the person had signed a deed under which the person agreed to the terms and conditions.

  4. The terms and conditions, unless the notice expressly provides otherwise, are deemed to include a provision to the effect that 12 weeks’ notice must be given of any amendment or revocation of the terms and conditions.

  5. The notice (including any amendment or revocation) must be published in the Gazette before it takes effect.

  6. The notice (including any amendment or revocation) must be made publicly available as soon as practicable after it is made.

  7. No notice may be issued under this section that would bind Pharmac or NZBOS.

Notes
  • Section 94(1): amended, on , by section 38(1) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
  • Section 94(3): amended, on , by section 38(2) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).