Pae Ora (Healthy Futures) Act 2022

General - Secondary legislation

102: Regulations

You could also call this:

"Rules Made by the Governor-General About Health Services"

Illustration for Pae Ora (Healthy Futures) Act 2022

The Governor-General can make regulations about health services. You need to know what these regulations cover. They cover things like how health services are provided and arranged. The regulations can say what information health entities must give to the Director-General. They can also say how often and in what way this information must be given. The Minister must talk to Health New Zealand before recommending any new regulations. Regulations can be made about things like the New Zealand Health Plan and entitlement cards. They can also be made about levies on alcohol and how disputes are resolved. The Minister must consider certain things before recommending regulations about health services. These things include the goals and functions of health entities and the New Zealand Health Plan. Regulations about health services cannot require specific prices for services or name specific individuals or organisations. Regulations made under this section are a type of law called secondary legislation, which has its own publication requirements as outlined in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS575629.

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Part 4General
Secondary legislation

102Regulations

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

    Regional arrangements

  2. specifying regional arrangements—
    1. through which Health New Zealand must provide and arrange services; and
      1. which must be maintained by Health New Zealand:
      2. Information to be supplied by health entities

      3. specifying information or classes of information that all health entities or a specified health entity must provide to the Director-General, including—
        1. the frequency at which it must be provided or time frames for its provision; and
          1. the manner in which it must be provided:
          2. for the purpose of section 96,—
            1. specifying the form of any accountability document; and
              1. specifying matters to be stated in any accountability document in addition to those required under this Act or the Crown Entities Act 2004:
              2. New Zealand Health Plan

              3. in relation to the New Zealand Health Plan,—
                1. specifying the form of the plan; and
                  1. imposing requirements relating to the content of the plan; and
                    1. imposing procedural requirements (including engagement requirements for consultation) that must be complied with in the preparation of the plan:
                    2. Provision of services

                    3. requiring Health New Zealand to provide or arrange for the provision of any specified services:
                      1. Entitlement cards

                      2. providing for the issue of entitlement cards (including cards that may record information of any description that is capable of being read or processed by a computer, but not including cards that are themselves capable of processing information) to various classes of persons or the continuation of use of such cards issued under the Health Entitlement Cards Regulations 1993:
                        1. prescribing the classes of persons eligible to be issued with the cards:
                          1. prescribing and regulating the use of the cards, including (but not limited to)—
                            1. their use to obtain any payment or exemption from payment for services supplied to the holder of a card, or their dependent spouse or partner or child:
                              1. specifying time limits on the validity of the cards:
                                1. requiring holders to return the cards to the Ministry of Health:
                                  1. any other conditions relating to their use:
                                  2. providing for reviews or appeals, or both, of any decisions made under any regulations authorised by paragraphs (f) to (h):
                                    1. prescribing offences relating to improper use of the cards and the fines (not exceeding $10,000) that may be imposed in respect of those offences:
                                      1. Levies

                                      2. providing for returns to be made by persons importing into or manufacturing in New Zealand any alcohol, or any class or kind of alcohol, for the purpose of ascertaining the amount of any levy payable under this Act, and providing for the verification of returns:
                                        1. exempting any person or class of persons from paying any levy that would otherwise be payable under this Act in any case where the cost of assessing or collecting the levy exceeds the amount payable by way of the levy:
                                          1. amending or replacing the table in Schedule 7, and amending, omitting, or reinserting the description of the method for determining variable rates:
                                            1. Dispute resolution

                                              1. Eligible people

                                              2. specifying a class of eligible people who are eligible to receive publicly funded services under this Act:
                                                1. General

                                                2. providing for anything this Act says may or must be provided for by regulations:
                                                  1. providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
                                                    1. The Minister must consult Health New Zealand before recommending the making of regulations under subsection (1)(a).

                                                    2. Regulations under subsection (1)(m) may be made only—

                                                    3. for the purpose of aligning the rates for classes of alcohol under this Act with the classification system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties Table (as defined in section 5(1) of the Customs and Excise Act 2018); and
                                                      1. after consultation with the Minister of Customs.
                                                        1. The Minister must, before recommending the making of regulations under subsection (1)(e),—

                                                        2. have regard to—
                                                          1. the objectives and functions of the health entity to whom the regulations apply; and
                                                            1. the New Zealand Health Plan, all health strategies, and any relevant locality plan; and
                                                            2. consult the board of the health entity as to the services that are to be required to be provided or arranged, and the cost and funding of those services.
                                                              1. Regulations under subsection (1)(e) may not—

                                                              2. require the supply of services to or by any named individuals or organisations (other than Health New Zealand); or
                                                                1. specify the price for any services.
                                                                  1. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                                  Notes
                                                                  • Section 102(1)(a)(i): amended, on , by section 40(1) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
                                                                  • Section 102(1)(a)(ii): amended, on , by section 40(1) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
                                                                  • Section 102(1)(e): amended, on , by section 40(2) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
                                                                  • Section 102(1)(n) heading: repealed, on , by section 40(3) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
                                                                  • Section 102(1)(n): repealed, on , by section 40(3) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
                                                                  • Section 102(2): amended, on , by section 40(4) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
                                                                  • Section 102(5)(a): amended, on , by section 40(5) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).