Pae Ora (Healthy Futures) Act 2022

General - Provisions that apply to health entities

99: Minister’s approval required for health entity’s dealings with land

You could also call this:

"The Minister must approve before a health group can buy, sell, or lease land."

Illustration for Pae Ora (Healthy Futures) Act 2022

You need the Minister's approval before a health entity can sell or deal with land in certain ways. The health entity must get approval to sell, exchange, mortgage, or charge land. The Minister's approval is also needed to grant a lease or licence over land for more than 5 years. You should know that the Minister can set conditions for their approval. The Minister can approve the sale or lease of certain types of land. When deciding whether to approve a lease or licence, the Minister can consider things like whether clause 3 of Schedule 1 of the Health Sector (Transfers) Act 1993 applies to the land. This rule applies even if other laws, such as sections 16 and 17 of the Crown Entities Act 2004, say something different. A health entity includes a company that is owned by a health entity. The Minister's approval is required for these companies as well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS575626.

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Part 4General
Provisions that apply to health entities

99Minister’s approval required for health entity’s dealings with land

  1. A health entity must not sell, exchange, mortgage, or charge land without the Minister's prior written approval.

  2. A health entity must not grant a lease or licence over land for a term of more than 5 years without the Minister’s prior written approval.

  3. For the purposes of subsection (2), the term of a lease or licence includes any period (or, if the lease or licence provides for more than 1 such period, the total period) for which any person is entitled to have the lease or licence renewed.

  4. Any approval under this section may be subject to any conditions the Minister specifies, and may be given in respect of any land of a class the Minister specifies.

  5. To avoid doubt, the matters to which the Minister may have regard in giving an approval under subsection (2) in relation to any land include the question of the application to the land of clause 3 of Schedule 1 of the Health Sector (Transfers) Act 1993.

  6. This section applies despite sections 16 and 17 of the Crown Entities Act 2004.

  7. In this section, health entity includes a Crown entity subsidiary of a health entity.