New Zealand Acts New Zealand Actss 8
In this Part, unless the context otherwise requires,—
"assets" has the meaning given in section 2(1) of the Health Sector (Transfers) Act 1993
"collective agreement" means a collective agreement (within the meaning of section 5 of the Employment Relations Act 2000 ) that is in force immediately before the commencement date
"commencement date" means the date specified in section 2
"DHB" means an organisation established by or under section 19 of the former Act
"former Act" means the New Zealand Public Health and Disability Act 2000
"HPA" or
"Health Promotion Agency" means the agency established by section 57 of the former Act
"specified departmental agency" means any one of the following departmental agencies listed in Part 2 of Schedule 2 of the Public Service Act 2020 :a) Health New Zealand:b) Māori Health Authority.
1 Subparts 1 to 3 —a) delay certain provisions of the Act from taking effect until a specified period, for example, provisions requiring the making of health strategies take effect 12 months after the commencement date; andb) provide that an Interim Health Plan will apply until the first New Zealand Health Plan takes effect; andc) provide for the continuation of the New Zealand disability strategy and certain committees established under the former Act.
2 Subparts 4 to 7 —a) disestablish all DHBs and the HPA on the commencement date; andb) vest in Health New Zealand all assets, money, rights, liabilities, contracts, and other things belonging to DHBs and the HPA; andc) provide for the transfer of employees of DHBs and the HPA to Health New Zealand; andd) provide for the transfer of certain employees of the Ministry of Health (in respect of specified departmental agencies) to Health New Zealand or the Māori Health Authority (as the case may be); ande) preserve certain entitlements of employees who are transferred.
3 Subpart 8 provides for protections from civil liability and related matters arising from the transfers given effect to under subparts 4 to 7 .
4 Subpart 9 continues existing directions and notices under the former Act.
5 This clause is intended as a guide only.
1 Sections 41 to 49 (which require the making of the New Zealand Health Strategy, the Hauora Māori Strategy, the Pacific Health Strategy, the Health of Disabled People Strategy, the Women’s Health Strategy, and the Rural Health Strategy) do not take effect until 12 months after the commencement date.
2 Until the date that sections 41 to 49 take effect, the New Zealand health strategy determined under section 8(1) of the former Act continues in force and applies with all necessary modifications as if it were a health strategy under this Act.
1 The first New Zealand Health Plan made under subpart 6 of Part 2 must take effect on a date no later than 2 years after the commencement date.
2 The Interim Health Plan—a) applies on and from the commencement date until the date that the first New Zealand Health Plan takes effect; andb) until that date, must be treated as if it were the New Zealand Health Plan.
3 In this clause,
"Interim Health Plan" means a plan approved by the Minister for the purpose of this clause.
[Repealed]
History: Schedule 1 clause 5: repealed, on 30 June 2024, by section 41(1) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1
2 On the commencement date, the Hauora Māori Advisory Committee comprises 8 members appointed—a) by the Minister after consulting the Minister for Māori Development; andb) for a term not exceeding 2 years.
3 The Minister must, on the recommendation of the committee, appoint a chairperson, and, if no recommendation is made, the Minister must appoint the chairperson.
4 Section 87(4) applies to the committee and the appointment of its members.
5 The Minister may, by written notice, terminate the appointment of a member.
History: Schedule 1 clause 6(1): repealed, on 30 June 2024, by section 41(1) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1 Despite the repeal of the former Act,—a) the New Zealand disability strategy determined under section 8(2) of that Act continues in force; andb) the Minister of the Crown who is responsible for disability issues—i) must continue to determine a strategy, called the New Zealand disability strategy; andii) may amend or replace that strategy at any time; andiii) must continue to comply with the requirements of section 8(3) to (5) of the former Act.
2 This subpart expires and is repealed on a date determined by Order in Council made on the recommendation of the Minister of the Crown responsible for disability issues.
3 An Order in Council made under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
1 A mortality review committee appointed under section 59 of the former Act continues as if it were a mortality review committee appointed under section 82 of this Act.
2 A committee established by the Minister under section 11 of the former Act continues as if it were established under section 87 of this Act.
3 The national advisory committee on ethics governing health and disability support services appointed under section 13 of the former Act continues as if it were appointed under section 92 of this Act.
4 The pharmacology and therapeutics advisory committee established in accordance with section 50(1)(a) of the former Act continues as if it were established in accordance with section 71(1)(a) of this Act.
5 The consumer advisory committee established in accordance with section 50(1)(b) of the former Act continues as if it were established in accordance with section 71(1)(b) of this Act.
6 A person who, immediately before the commencement date, was a member of a committee referred to in subclauses (1) to (5), continues, subject to any terms and conditions of their appointment,—a) to be a member of the committee; andb) to hold any office on the committee that they held immediately before the commencement date.
On the commencement date, all DHBs are disestablished.
1 On the commencement date,—a) all assets belonging to a DHB vest in Health New Zealand; andb) all information and documents held by a DHB are held by Health New Zealand; andc) all money payable to or by a DHB becomes payable to or by Health New Zealand; andd) all rights, liabilities, contracts, entitlements, undertakings, and engagements of a DHB become the rights, liabilities, contracts, entitlements, undertakings, and engagements of Health New Zealand; ande) subject to subclause (4), every employee of a DHB becomes an employee of Health New Zealand on the same terms and conditions as applied immediately before they became an employee of Health New Zealand; andf) anything done, or omitted to be done, or that is to be done, by or in relation to a DHB is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to Health New Zealand; andg) proceedings, inquiries, and investigations under any enactment that may be commenced, continued, or enforced by or against a DHB (including as an interested party or intervenor) or in relation to a DHB may instead be commenced, continued, or enforced by or against or in relation to Health New Zealand without amendment to the proceedings; andh) a matter or thing that could, but for this clause, have been done or completed by a DHB may be done or completed by Health New Zealand.
2 The transfer of information from a DHB to Health New Zealand under subclause (1) does not constitute an action that is a breach of information privacy principle 8 or 11 within the meaning of the Privacy Act 2020 .
3 The disestablishment of a DHB does not, by itself, affect any of the following matters:a) any decision made, or anything done or omitted to be done, by a DHB in relation to the performance or exercise of its functions, powers, or duties under any enactment:b) any proceedings commenced by or against a DHB:c) any other matter or thing arising out of a DHB’s performance or exercise, or purported performance or exercise, of its functions, powers, or duties under any enactment.
4 Despite subclause (1)(e), a chief executive of a DHB does not become an employee of Health New Zealand under this schedule.
For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994 ), a DHB and Health New Zealand are treated as the same person.
On and from the commencement date, unless the context otherwise requires, a reference in any enactment, notice, instrument, contract, or other document to—a) a District Health Board or DHB must be read as a reference to Health New Zealand; andb) a DHB’s geographical area must be read as a reference to the geographical area that the DHB previously represented, as set out in Schedule 1 of the former Act; andc) a DHB’s resident population must be read as a reference to the resident population of the geographical area that the DHB previously represented, as set out in Schedule 1 of the former Act.
On and from the commencement date, a reference to a District Health Board or DHB in a condition imposed on a visa granted under the Immigration Act 2009 must be read as a reference to Health New Zealand.
To avoid doubt, the transfer of a contract or an engagement of a DHB under clause 10 does not affect the scope of the contract or engagement or the application of the terms and conditions of the contract or engagement.
1 If a collective agreement to which more than 1 DHB is a party contains terms or conditions that apply to particular DHBs only, those terms or conditions—a) apply only to people who, immediately before the commencement date, were parties to the agreement or covered by those terms or conditions:b) must be offered by Health New Zealand to employees who, immediately before the commencement date, would have been offered those terms or conditions—i) unless the parties to the agreement agree otherwise; orii) until the agreement expires or otherwise ceases to have effect.
2 A collective agreement that covers the employees of some but not all DHBs continues after the commencement date to cover only those employees.
1 Subclause (2) applies if—a) section 62 of the Employment Relations Act 2000 (the Act) applies to an employee of Health New Zealand; andb) a collective agreement covering that employee’s work is in force on the commencement date.
2 If this subclause applies, the number of the employer’s employees referred to in section 62(4) of the Act is taken to mean the number of the employer’s employees within the geographical region of the former DHB in which the employee’s work will be performed.
3 Subclause (2) applies—a) unless the parties to the collective agreement agree otherwise; orb) until the collective agreement expires or otherwise ceases to have effect.
The final report of each DHB that is required under section 45J of the Public Finance Act 1989 must, despite subsection (2)(b) of that section, be provided by the close of 31 December 2022.
On the commencement date, the HPA is disestablished.
1 On the commencement date,—a) all assets belonging to the HPA vest in Health New Zealand; andb) all information and documents held by the HPA are held by Health New Zealand; andc) all money payable to or by the HPA becomes payable to or by Health New Zealand; andd) all rights, liabilities, contracts, entitlements, and engagements of the HPA become the rights, liabilities, contracts, entitlements, and engagements of Health New Zealand; ande) subject to subclause (4), every employee of the HPA becomes an employee of Health New Zealand on the same terms and conditions as applied immediately before they became an employee of Health New Zealand; andf) anything done, or omitted to be done, or that is to be done, by or in relation to the HPA is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to Health New Zealand; andg) proceedings that may be commenced, continued, or enforced by or against the HPA (including as an interested party or intervenor) may instead be commenced, continued, or enforced by or against Health New Zealand without amendment to the proceedings; andh) a matter or thing that could, but for this clause, have been done or completed by the HPA may be done or completed by Health New Zealand.
2 The transfer of information from the HPA to Health New Zealand under subclause (1) does not constitute an action that is a breach of information privacy principle 8 or 11 within the meaning of the Privacy Act 2020 .
3 The disestablishment of the HPA does not, by itself, affect any of the following matters:a) any decision made, or anything done or omitted to be done, by the HPA in relation to the performance or exercise of its functions, powers, or duties under any enactment:b) any proceedings commenced by or against the HPA:c) any other matter or thing arising out of the HPA’s performance or exercise, or purported performance or exercise, of its functions, powers, or duties under any enactment.
4 Despite subclause (1)(e), the chief executive of the HPA does not become an employee of Health New Zealand under this schedule.
The final report of the HPA that is required under section 45J of the Public Finance Act 1989 must, despite subsection (2)(b) of that section, be provided by the close of 31 December 2022.
For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994 ), the HPA and Health New Zealand are treated as the same person.
1 This clause applies to an employee of the Ministry of Health if, before the commencement date,—a) the employee performed the functions or duties, or exercised the powers, of a specified departmental agency; andb) the employee is notified in writing by the chief executive of that departmental agency and the Director-General that—i) this clause applies to the employee; andii) on the commencement date, the employee will become an employee of Health New Zealand or the Māori Health Authority, as the case may be.
2 On the commencement date, the employee becomes an employee of Health New Zealand or the Māori Health Authority, as the case may be, on the same terms and conditions that applied to the employee immediately before the commencement date.
3 The following applies if, immediately before the commencement date, the employee was covered by a collective agreement (the
"earlier agreement" ) between the chief executive of the Ministry of Health and a union of which the employee was a member (the union):a) on the commencement date, Health New Zealand or the Māori Health Authority, as the case may be, and the union are parties to a new collective agreement:b) the terms and conditions of the new collective agreement are the same as the earlier agreement, subject to any necessary modifications:c) the employee is covered by the new collective agreement as long as they remain a member of the union.
4 To avoid doubt, subclause (3)—a) does not entitle an employee who was not covered by the earlier agreement to be covered by the new collective agreement; andb) does not prevent the parties to the new collective agreement from varying or terminating the agreement in accordance with the terms of the agreement and other applicable law.
5 Clause 24(b) does not apply to this clause.
In this subpart, unless the context otherwise requires,—
"entity A" means one of the following, as the case may be:a) a DHB:b) the HPA:c) in relation to an employee to whom clause 22 applies, the Ministry of Health
"entity B" means Health New Zealand or the Māori Health Authority, as the case may be
"redundancy payment" includes any payment or other benefit provided on the ground of a person’s position being disestablished or changed.
If the rights and obligations of entity A under a contract of service between entity A and its employee are transferred to entity B by operation of clause 10, 19, or 22 ,—a) an employee who is to be transferred by operation of clause 10, 19, or 22 is not entitled to a redundancy payment; andb) if those rights and obligations arise by virtue of a collective employment agreement, the collective employment agreement continues, on and from the commencement date, to apply on the same terms (including any terms relating to new employees) as if it were an agreement made between entity B, any union that is a party to it, and the employee.
1 If an employee of entity A is moving by operation of clause 10, 19, or 22 to be an employee of entity B, their employment is to be treated as continuous for the purposes of—a) entitlements under the following provisions in Part 2 of the Holidays Act 2003 :i) subpart 1 (annual holidays); andii) subpart 3 (public holidays); andiii) subpart 4 (sick leave and bereavement leave); andiv) subpart 5 (family violence leave); andb) entitlements to leave under the Parental Leave and Employment Protection Act 1987 ; andc) the KiwiSaver Act 2006 ; andd) entitlements under the Government Superannuation Fund Act 1956 ; ande) entitlements or obligations that—i) are under any other enactment or under a contract; andii) relate to employment.
2 For the purpose of subclause (1)(a),—a) the period of employment of the employee in entity A that ends with the date on which the employee moved to entity B must be treated as a period of employment with entity B for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; andb) the chief executive of entity A must not pay the employee for annual holidays or alternative holidays not taken before the date on which the employee moved to the position in entity B; andc) the chief executive of entity B must recognise the employee’s entitlement to—i) any sick leave, including any sick leave carried over under section 66 of the Holidays Act 2003 , not taken before the date on which the employee moved to the position in entity B; andii) any annual holidays not taken before the date on which the employee moved to the position in entity B; andiii) any alternative holidays not taken or exchanged for payment under section 61 of that Act before the date on which the employee moved to the position in entity B; andiv) any holidays not taken before the date on which the employee moved to the position in entity B in relation to which there was an agreement between the employee and entity A under section 44A or 44B of that Act.
3 For the purpose of subclause (1)(b),—a) the period of employment of the employee in entity A that ends with the date on which the employee moved to entity B must be treated as a period of employment with entity B; andb) the chief executive of entity B must treat any notice given to or by the chief executive of entity A under the Parental Leave and Employment Protection Act 1987 as if it had been given to or by the chief executive of entity B.
4 For the purpose of subclause (1)(c), the employment of the employee in the position with entity B is not new employment within the meaning of that term in the KiwiSaver Act 2006 .
5 For the purpose of subclause (1)(d), in the definition of Government service in section 2(1) of the Government Superannuation Fund Act 1956 , a health service includes, for the avoidance of doubt, Health New Zealand and the Māori Health Authority.
1 Section 14 of the Health Sector Transfers Act 1993 —a) applies with all necessary modifications to a person who becomes an employee of entity B by operation of clause 10, 19, or 22 ; andb) must be read as if the contract of service were transferred under clause 10, 19, or 22 of this schedule.
2 Section 15 of the Health Sector Transfers Act 1993 applies to an employee who becomes an employee of entity B by operation of clause 10, 19, or 22 .
1 The employment policies of entity A—a) continue to apply after the commencement date—i) in relation to an employee who becomes an employee of entity B by operation of clause 10, 19, or 22 ; andii) with all necessary modifications; andb) may be replaced by entity B by written notice to that employee.
2 Entity B must undertake a reasonable consultation process before introducing any employment policy that is reasonably likely to have a material effect on that employee.
Nothing effected or authorised by subparts 4 to 7 or any other provision of this Act—a) places the Crown, a health entity, or any other person in breach of contract or confidence, or makes any of them liable for a civil wrong; orb) places any of those persons or any other person in breach of an enactment, a rule of law, or a provision of a contract that prohibits, restricts, or regulates the assignment or transfer of property or the disclosure of information; orc) entitles a person to terminate or cancel a contract or an arrangement, or to accelerate the performance of an obligation, or to impose a penalty or an increased charge; ord) releases a surety from an obligation; ore) invalidates or discharges a contract or surety.
1 A provision in subparts 4 to 7 (a
"relevant provision" ) has effect despite any restriction, prohibition, or other provision in any enactment, rule of law, or agreement that would otherwise apply.
2 However, an Order in Council may—a) apply a provision in any enactment or rule of law that, but for subclause (1), would apply in relation to a relevant provision; andb) specify how the provision is to apply.
3 An Order in Council under subclause (2) may be made only on the recommendation of the Minister after being satisfied that applying the provision—a) is necessary or desirable for the purpose of any transfer or other matter to which the relevant provision relates; andb) is no broader than is reasonably necessary to address the matter giving rise to it.
4 An Order in Council under subclause (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Despite the repeal of the former Act, a ministerial direction given under section 32 of that Act or section 103 of the Crown Entities Act 2004 in relation to an entity established under the former Act—a) continues in force on and after the commencement date; andb) ceases to have effect on a date specified by the Minister in writing and published in the Gazette.
Despite the repeal of the former Act, a notice given under section 88 of that Act—a) continues in force on and after the commencement date; andb) is deemed to have been made under section 94 of this Act.
History: Schedule 1 Part 2: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
In this Part,—
"amendment Act" means the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024
"commencement date" means the date on which the amendment Act comes into force.
History: Schedule 1 clause 32: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
On the commencement date, the Māori Health Authority is disestablished.
History: Schedule 1 clause 33: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1 Section 54 , which requires localities to be determined, takes effect on 1 July 2029.
2 Section 55 , which requires a locality plan to be developed for each locality, takes effect on 1 July 2030.
History: Schedule 1 clause 34: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1 The Hauora Māori Advisory Committee established under this Act before the commencement date continues as if it were established under section 89 as amended by the amendment Act.
2 A person who, immediately before the commencement date, was a member of the Hauora Māori Advisory Committee continues, subject to any terms and conditions of their appointment,—a) to be a member of the committee after the commencement date; andb) to hold any office on the committee that they held immediately before the commencement date.
History: Schedule 1 clause 35: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1 On the commencement date,—a) all assets belonging to the Māori Health Authority vest in Health New Zealand; andb) all information and documents held by the Māori Health Authority are held by Health New Zealand; andc) all money payable to or by the Māori Health Authority becomes payable to or by Health New Zealand; andd) all rights, liabilities, contracts, entitlements, undertakings, and engagements of the Māori Health Authority become the rights, liabilities, contracts, entitlements, undertakings, and engagements of Health New Zealand; ande) subject to subclause (4), every employee of the Māori Health Authority becomes an employee of Health New Zealand on the same terms and conditions as applied immediately before they became an employee of Health New Zealand; andf) anything done, or omitted to be done, or that is to be done, by or in relation to the Māori Health Authority is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to Health New Zealand; andg) proceedings, inquiries, and investigations under any enactment that may be commenced, continued, or enforced by or against the Māori Health Authority (including as an interested party or intervenor) or in relation to the Māori Health Authority may instead be commenced, continued, or enforced by or against or in relation to Health New Zealand without amendment to the proceedings; andh) a matter or thing that could, but for this clause, have been done or completed by the Māori Health Authority may be done or completed by Health New Zealand.
2 The transfer of information from the Māori Health Authority to Health New Zealand under subclause (1) does not constitute an action that is a breach of information privacy principle 8 or 11 within the meaning of the Privacy Act 2020 .
3 The disestablishment of the Māori Health Authority does not, by itself, affect any of the following matters:a) any decision made, or anything done or omitted to be done, by the Māori Health Authority in relation to the performance or exercise of its functions, powers, or duties under any enactment:b) any proceedings commenced by or against the Māori Health Authority:c) any other matter or thing arising out of the Māori Health Authority’s performance or exercise, or purported performance or exercise, of its functions, powers, or duties under any enactment.
4 Despite subclause (1)(e), the chief executive of the Māori Health Authority does not become an employee of Health New Zealand under this schedule.
History: Schedule 1 clause 36: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994 ), the Māori Health Authority and Health New Zealand are treated as the same person.
History: Schedule 1 clause 37: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
On and from the commencement date, unless the context otherwise requires, a reference in any enactment, notice, instrument, contract, or other document to the Māori Health Authority must be read as a reference to Health New Zealand.
History: Schedule 1 clause 38: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
To avoid doubt, the transfer of a contract or an engagement of the Māori Health Authority under clause 36 does not affect the scope of the contract or engagement or the application of the terms and conditions of the contract or engagement.
History: Schedule 1 clause 39: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1 This clause applies to an employee of the Māori Health Authority if, before the commencement date, the employee is notified in writing by the chief executive of the Māori Health Authority that—a) this clause applies to the employee; andb) on the commencement date, the employee will become an employee of Health New Zealand.
2 On the commencement date, the employee becomes an employee of Health New Zealand on the same terms and conditions as applied to the employee immediately before the commencement date.
3 The following applies if, immediately before the commencement date, the employee was covered by a collective agreement (the
"earlier agreement" ) between the chief executive of the Māori Health Authority and a union of which the employee was a member (the
"union" ):a) on the commencement date, Health New Zealand and the union are parties to a new collective agreement:b) the terms and conditions of the new collective agreement are the same as the earlier agreement, subject to any necessary modifications:c) the employee is covered by the new collective agreement as long as they remain a member of the union.
4 To avoid doubt, subclause (3)—a) does not entitle an employee who was not covered by the earlier agreement to be covered by the new collective agreement; andb) does not prevent the parties to the new collective agreement from varying or terminating the agreement in accordance with the terms of the agreement and other applicable law.
History: Schedule 1 clause 40: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1 If an employee of the Māori Health Authority is moving by operation of clause 36 to be an employee of Health New Zealand, their employment is to be treated as continuous for the purposes of—a) entitlements under the following provisions in Part 2 of the Holidays Act 2003 :i) subpart 1 (annual holidays); andii) subpart 3 (public holidays); andiii) subpart 4 (sick leave and bereavement leave); andiv) subpart 5 (family violence leave); andb) entitlements to leave under the Parental Leave and Employment Protection Act 1987 ; andc) the KiwiSaver Act 2006 ; andd) entitlements under the Government Superannuation Fund Act 1956 ; ande) entitlements or obligations that—i) are under any other enactment or under a contract; andii) relate to employment.
2 For the purpose of subclause (1)(a),—a) the period of employment of the employee with the Māori Health Authority that ends with the date on which the employee moved to Health New Zealand must be treated as a period of employment with Health New Zealand for the purpose of determining the employee’s entitlement to annual holidays, sick leave, bereavement leave, and family violence leave; andb) the chief executive of the Māori Health Authority must not pay the employee for annual holidays or alternative holidays not taken before the date on which the employee moved to the position in Health New Zealand; andc) the chief executive of Health New Zealand must recognise the employee’s entitlement to—i) any sick leave, including any sick leave carried over under section 66 of the Holidays Act 2003 , not taken before the date on which the employee moved to the position in Health New Zealand; andii) any annual holidays not taken before the date on which the employee moved to the position in Health New Zealand; andiii) any alternative holidays not taken or exchanged for payment under section 61 of that Act before the date on which the employee moved to the position in Health New Zealand; andiv) any holidays not taken before the date on which the employee moved to the position in Health New Zealand in relation to which there was an agreement between the employee and the Māori Health Authority under section 44A or 44B of that Act.
3 For the purpose of subclause (1)(b),—a) the period of employment of the employee with the Māori Health Authority that ends with the date on which the employee moved to Health New Zealand must be treated as a period of employment with Health New Zealand; andb) the chief executive of Health New Zealand must treat any notice given to or by the chief executive of the Māori Health Authority under the Parental Leave and Employment Protection Act 1987 as if it had been given to or by the chief executive of Health New Zealand.
4 For the purpose of subclause (1)(c), the employment of the employee in the position with Health New Zealand is not new employment within the meaning of that term in the KiwiSaver Act 2006 .
5 For the purpose of subclause (1)(d), in the definition of Government service in section 2(1) of the Government Superannuation Fund Act 1956 , a health service includes, for the avoidance of doubt, Health New Zealand and the Māori Health Authority.
History: Schedule 1 clause 41: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1 Section 14 of the Health Sector (Transfers) Act 1993 —a) applies with all necessary modifications to a person who becomes an employee of Health New Zealand by operation of clause 36 ; andb) must be read as if the contract of service were transferred under that clause.
2 Section 15 of the Health Sector (Transfers) Act 1993 applies to an employee who becomes an employee of Health New Zealand by operation of clause 36 .
History: Schedule 1 clause 42: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
1 The employment policies of the Māori Health Authority—a) continue to apply after the commencement date—i) in relation to an employee who becomes an employee of Health New Zealand by operation of clause 36 ; andii) with all necessary modifications; andb) may be replaced by Health New Zealand by written notice to that employee.
2 Health New Zealand must undertake a reasonable consultation process before introducing any employment policy that is reasonably likely to have a material effect on that employee.
History: Schedule 1 clause 43: inserted, on 30 June 2024, by section 41(2)(a) of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
History: Schedule 1 Part 3: inserted, on 25 October 2024, by section 8(a) of the Pae Ora (Healthy Futures) (Improving Mental Health Outcomes) Amendment Act 2024 (2024 No 45).
Section 46A (which relates to the making of the Mental Health and Wellbeing Strategy) does not take effect until 12 months after the date on which the Pae Ora (Healthy Futures) (Improving Mental Health Outcomes) Amendment Act 2024 comes into force.
History: Schedule 1 clause 44: inserted, on 25 October 2024, by section 8(a) of the Pae Ora (Healthy Futures) (Improving Mental Health Outcomes) Amendment Act 2024 (2024 No 45).