2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

action, in relation to a health care provider or a disability services provider, includes failure to act; and also includes any policy or practice

advocacy services means the provision of health and disability services consumer advocates; and also includes the provision of such administrative services as may be necessary to enable those advocates to exercise and perform their functions and powers

advocacy services agreement means an agreement under which the Crown agrees to provide money to a person in return for the person providing, or arranging for the provision of, advocacy services

advocate means a health and disability services consumer advocate provided pursuant to an advocacy services agreement

appropriate authority includes, for the purposes of any assessment or investigation of any action on the part of a health practitioner that was taken when the health practitioner was registered under a former health registration enactment, the authority that, under section 178(1) of the Health Practitioners Competence Assurance Act 2003, is, in relation to that health practitioner, the successor authority

authority has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003; and includes the Social Workers Registration Board established by section 97 of the Social Workers Registration Act 2003

Code of Health and Disability Services Consumers’ Rights or Code means the Code of Health and Disability Services Consumers’ Rights for the time being prescribed by regulations made under section 74(1)

Commissioner means the Health and Disability Commissioner appointed in accordance with section 8 of this Act and section 28(1)(b) of the Crown Entities Act 2004

Deputy Commissioner means a Deputy Health and Disability Commissioner appointed under section 9

Director of Advocacy means the person for the time being designated under section 24(1) as the Director of Health and Disability Services Consumer Advocacy

Director of Proceedings means the person for the time being designated under section 15(1) as the Director of Proceedings

disability services includes goods, services, and facilities—

(a)

provided to people with disabilities for their care or support or to promote their independence; or

(b)

provided for purposes related or incidental to the care or support of people with disabilities or to the promotion of the independence of such people

disability services consumer means any person with a disability that—

(a)

reduces that person’s ability to function independently; and

(b)

means that the person is likely to need support for an indefinite period

disability services provider means any person who provides, or holds himself or herself or itself out as providing, disability services

disciplinary proceedings means proceedings of a disciplinary nature taken under any former health registration enactment or the Health Practitioners Competence Assurance Act 2003

document has the meaning given to it by section 2(1) of the Official Information Act 1982

former health registration enactment means any of the former enactments specified in Schedule 1

health means human health

health care institution means—

(a)

premises used to provide health care services within the meaning of the Health and Disability Services (Safety) Act 2001, in compliance with that Act; or

(b)

a children’s health camp operated by Children’s Health Camps—The New Zealand Foundation for Child and Family Health and Development; or

(c)

a treatment centre within the meaning of the Substance Addiction (Compulsory Assessment and Treatment) Act 2017

health care procedure means any health treatment, health examination, health teaching, or health research administered to or carried out on or in respect of any person by any health care provider; and includes any provision of health services to any person by any health care provider

health care provider has the meaning given to it by section 3

health consumer includes any person on or in respect of whom any health care procedure is carried out

health practitioner

(a)

has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and

(b)

includes—

(i)

a former health practitioner within the meaning of that section; and

(ii)

a person who was conditionally or unconditionally registered, or has held a certificate of registration, under a former health registration enactment; and

(iii)

a person who is receiving training or gaining experience under the supervision of a health practitioner; and

(iv)

a social worker within the meaning of the Social Workers Registration Act 2003

health services

(a)

means—

(i)

services to promote health:

(ii)

services to protect health:

(iii)

services to prevent disease or ill health:

(iv)

treatment services:

(v)

nursing services:

(vi)

rehabilitative services:

(vii)

diagnostic services; and

(b)

includes—

(i)

psychotherapy and counselling services:

(ii)

contraception services and advice:

(iii)

fertility services:

(iv)

sterilisation services

health treatment, to avoid doubt, includes treatment of a person (A) that is, or is related to, the taking of human tissue from A for all or any of the following purposes:

(a)

transplantation, or another therapeutic purpose, for the benefit of 1 or more persons other than A:

(b)

educational purposes or research purposes

Human Rights Commission means the Human Rights Commission continued by section 4 of the Human Rights Act 1993

Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993

informed consent, in relation to a health consumer on or in respect of whom there is carried out any health care procedure, means consent to that procedure where that consent—

(a)

is freely given, by the health consumer or, where applicable, by any person who is entitled to consent on that health consumer’s behalf; and

(b)

is obtained in accordance with such requirements as are prescribed by the Code

Minister means the Minister of Health

Ministry means the Ministry of Health, being the department of the Public Service referred to by that name

services means health services and disability services or both

sitting day means a sitting day of the House of Representatives.

(2)

For the purposes of its application to any matter or situation arising or existing at any time, this Act—

(a)

applies to an institution that was then a health care institution by virtue of the definition of that term then in subsection (1) as if it had always been a health care institution by virtue of the current definition of that term in that subsection; and

(b)

applies to a person who was then a health care provider by virtue of section 3 as it then was as if the person had always been a health care institution by virtue of that section as it currently is.

Section 2(1) appropriate authority: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(1) authority: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(1) authority: amended, on 1 October 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Commissioner: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) Complaints Review Tribunal or Tribunal: repealed, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 2(1) Deputy Commissioner: amended, on 18 September 2004, by section 3(1) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(1) disciplinary proceedings: amended, on 18 September 2004, by section 3(2) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(1) former health registration enactment: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(1) health care institution: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 2(1) health care institution paragraph (c): replaced, on 21 February 2018, by section 122(1) of the Substance Addiction (Compulsory Assessment and Treatment) Act 2017 (2017 No 4).

Section 2(1) health practitioner: inserted, on 18 September 2004, by section 3(4) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(1) health practitioner paragraph (b): replaced, on 28 February 2019, by section 148(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).

Section 2(1) health professional body: repealed, on 18 September 2004, by section 3(3) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(1) health registration enactment: repealed, on 18 September 2004, by section 3(3) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(1) health treatment: inserted, on 1 November 2008, by section 90(2) of the Human Tissue Act 2008 (2008 No 28).

Section 2(1) Human Rights Review Tribunal or Tribunal: inserted, on 1 January 2002, by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).

Section 2(1) purchaser: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) registered health professional: repealed, on 18 September 2004, by section 3(3) of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

Section 2(2): added, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).