Part 4General
Secondary legislation
102Regulations
The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations—
Regional arrangements
- specifying regional arrangements—
- through which Health New Zealand
must provide and arrange services; and - which must be maintained by Health New Zealand
:
- through which Health New Zealand
- specifying information or classes of information that all health entities or a specified health entity must provide to the Director-General, including—
- the frequency at which it must be provided or time frames for its provision; and
- the manner in which it must be provided:
- the frequency at which it must be provided or time frames for its provision; and
- for the purpose of section 96,—
- specifying the form of any accountability document; and
- specifying matters to be stated in any accountability document in addition to those required under this Act or the Crown Entities Act 2004:
- specifying the form of any accountability document; and
- in relation to the New Zealand Health Plan,—
- specifying the form of the plan; and
- imposing requirements relating to the content of the plan; and
- imposing procedural requirements (including engagement requirements for consultation) that must be complied with in the preparation of the plan:
- specifying the form of the plan; and
- requiring Health New Zealand
to provide or arrange for the provision of any specified services: - 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:
- prescribing the classes of persons eligible to be issued with the cards:
- prescribing and regulating the use of the cards, including (but not limited to)—
- 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:
- specifying time limits on the validity of the cards:
- requiring holders to return the cards to the Ministry of Health:
- any other conditions relating to their use:
- 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:
- providing for reviews or appeals, or both, of any decisions made under any regulations authorised by paragraphs (f) to (h):
- 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:
- 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:
- 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:
- amending or replacing the table in Schedule 7, and amending, omitting, or reinserting the description of the method for determining variable rates:
-
- specifying a class of eligible people who are eligible to receive publicly funded services under this Act:
- providing for anything this Act says may or must be provided for by regulations:
- providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
The Minister must consult Health New Zealand
before recommending the making of regulations under subsection (1)(a).Regulations under subsection (1)(m) may be made only—
- 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
- after consultation with the Minister of Customs.
The Minister must, before recommending the making of regulations under subsection (1)(e),—
- have regard to—
- the objectives and functions of the health entity to whom the regulations apply; and
- the New Zealand Health Plan, all health strategies, and any relevant locality plan; and
- the objectives and functions of the health entity to whom the regulations apply; and
- 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.
Regulations under subsection (1)(e) may not—
- require the supply of services to or by any named individuals or organisations (other than Health New Zealand
); or - specify the price for any services.
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Information to be supplied by health entities
New Zealand Health Plan
Provision of services
Entitlement cards
Levies
Dispute resolution
Eligible people
General
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).


