New Zealand Acts

PAE ORA (HEALTHY FUTURES) ACT 2022 - SECT 63

63 Minister 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—

a) gives Health New Zealand written notice (with reasons) of the Minister’s intention to appoint a Crown manager; and

b) allows Health New Zealand reasonable time (as specified in the notice) to respond to the notice; and

c) considers any written submissions received within the specified time from Health New Zealand.

4 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.

5 The notice appointing a Crown manager must state—

a) the name of the Crown manager and the day on which their appointment takes effect; and

b) the functions of Health New Zealand that are to be performed by the Crown manager; and

c) any conditions subject to which the Crown manager must perform those functions; and

d) any matters about which the Crown manager must advise Health New Zealand.

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

a) the Crown manager may perform any of the functions stated in the notice, and,—

i) for that purpose, the Crown manager has all the powers of Health New Zealand; and

ii) 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

b) Health New Zealand—

i) may not perform any of those functions; and

ii) 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.

7 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.

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

9 If the Crown manager’s appointment has not been revoked earlier, the Minister must consider whether the reasons for the appointment still apply—

a) no later than 12 months after it was made; or

b) no later than 12 months after the Minister last considered whether they still apply.

Note: 2020 No 38 s 334