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Pae Ora (Healthy Futures) Act 2022

Key roles and health documents - Ministerial powers

63: Minister may appoint Crown manager for Health New Zealand

You could also call this:

"The Minister can appoint a helper to make sure Health New Zealand is working well."

Illustration for Pae Ora (Healthy Futures) Act 2022

You can think of Health New Zealand like a big team that helps keep people healthy. The Minister is like a boss who makes sure the team is working well. If the Minister thinks the team is at risk, they can appoint a Crown manager to help. The Minister must tell Health New Zealand they are thinking of appointing a Crown manager and give them time to respond. The Minister must also think about what Health New Zealand says before making a decision. The Crown manager's job is to do some of the tasks that Health New Zealand normally does. The Minister will say what tasks the Crown manager must do and when their job starts. The Crown manager has the power to make decisions for Health New Zealand, but they must follow the rules. Health New Zealand must help the Crown manager do their job by giving them information and access to things they need. The Crown manager must do their job according to the law, and Health New Zealand must pay their fees. The Minister will check every 12 months to see if the Crown manager is still needed. You can find more information about this by looking at the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS651234.

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Part 2Key roles and health documents
Ministerial powers

63Minister may appoint Crown manager for Health New Zealand

  1. This section applies if the Minister believes on reasonable grounds that there is a risk to the operation or long-term viability of Health New Zealand.

  2. The Minister may, by notice in the Gazette, appoint a Crown manager for Health New Zealand.

  3. The Minister may not appoint a Crown manager unless the Minister—

  4. gives Health New Zealand written notice (with reasons) of the Minister’s intention to appoint a Crown manager; and
    1. allows Health New Zealand reasonable time (as specified in the notice) to respond to the notice; and
      1. considers any written submissions received within the specified time from Health New Zealand.

        1. Whether a time is reasonable in any particular case may depend (among other things) on the urgency of the matters the Crown manager must deal with.

        2. The notice appointing a Crown manager must state—

        3. the name of the Crown manager and the day on which their appointment takes effect; and
          1. the functions of Health New Zealand that are to be performed by the Crown manager; and
            1. any conditions subject to which the Crown manager must perform those functions; and
              1. any matters about which the Crown manager must advise Health New Zealand.

                1. While there is a Crown manager appointed for Health New Zealand,—

                2. the Crown manager may perform any of the functions stated in the notice, and,—
                  1. for that purpose, the Crown manager has all the powers of Health New Zealand; and
                    1. in performing any of those functions (and exercising any of those powers in order to do so), the Crown manager must comply with all relevant duties of Health New Zealand; and
                    2. Health New Zealand—
                      1. may not perform any of those functions; and
                        1. must provide the information and access and do all other things reasonably necessary to enable the Crown manager to perform those functions and exercise those powers.

                        2. The Crown manager must perform any function under subsection (6)(a) (and exercise any power in order to do so) in accordance with this Act.

                        3. Health New Zealand must pay the Crown manager’s reasonable fees and expenses.

                        4. If the Crown manager’s appointment has not been revoked earlier, the Minister must consider whether the reasons for the appointment still apply—

                        5. no later than 12 months after it was made; or
                          1. no later than 12 months after the Minister last considered whether they still apply.

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