New Zealand Public Health and Disability Act 2000

Part 4A Family care policies

Part 4A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).

70A Purpose of this Part

(1)

The purpose of this Part is to keep the funding of support services provided by persons to their family members within sustainable limits in order to give effect to the restraint imposed by section 3(2) and to affirm the principle that, in the context of the funding of support services, families generally have primary responsibility for the well-being of their family members.

(2)

To achieve that purpose, this Act, among other things,—

(a)

prohibits the Crown or a DHB from paying a person for providing support services to a family member unless the payment is permitted by an applicable family care policy or is expressly authorised by or under an enactment:

(b)

declares that the Crown and DHBs have always been authorised, and continue to be authorised, to adopt or have family care policies that permit persons to be paid, in certain cases, for providing support services to family members:

(c)

stops (subject to certain savings) any complaint to the Human Rights Commission and any proceeding in any court if the complaint or proceeding is, in whole or in part, based on an assertion that a person’s right to freedom from discrimination on any of the grounds of marital status, disability, age, or family status (affirmed by section 19 of the New Zealand Bill of Rights Act 1990) has been breached by—

(i)

a provision of this Part; or

(ii)

a family care policy; or

(iii)

anything done or omitted in compliance, or intended compliance, with this Part or a family care policy.

Section 70A: inserted, on 21 May 2013, by section 4 of the New Zealand Public Health and Disability Amendment Act 2013 (2013 No 22).