(1) Without limiting section 5 of this Act, the transferring Ministers may, on behalf of any transferor, do any one or more of the following:

• (a) Transfer to any transferee any assets or liabilities of the transferor:

• (b) Authorise any transferee to act on behalf of the transferor in providing goods or services, or in managing assets or liabilities, of the transferor—

for such consideration (if any), and on such terms and conditions (if any), as the transferring Ministers may agree with the transferee.

(2) The Minister shall lay before the House of Representatives a copy of any agreement entered into under subsection (1) of this section within 12 sitting days after the date of that agreement.

(1) Without limiting section 4 of this Act but subject to subsection (5) of this section, the Governor-General may, from time to time, by Order in Council made on the recommendation of the transferring Ministers,—

• (a) Approve a proposal that has been prepared in accordance with this section for the purpose of—

  • (i) Transferring assets or liabilities or both from one or more transferors to one or more transferees; or

  • (ii) Authorising one or more transferees to act on behalf of one or more transferors in providing goods or services or in managing assets or liabilities or both; and

• (b) State the date (and, if considered appropriate, the time) upon which the proposal or any part of the proposal is to take effect.

(2) Every proposal prepared for the purposes of this section shall—

• (a) State the names of each transferor and transferee; and

• (b) Contain a description of each asset and liability to be transferred, either individually or as a group or class, or, in respect of any such asset or liability, identify a means by which, or a document in which, the asset or liability is so described; and, for the purposes of this paragraph, a class of assets or liabilities may comprise all or any of the assets or liabilities for the time being of a transferor; and

• (c) Except in the case of contracts of service or assets of which the transferor is not the beneficial owner, state the value attributed for the purposes of the transfer to each asset and liability to be transferred, either individually or as a group or class, and the names of the transferor and transferee concerned; and

• (d) State any authorities that are to be granted to a transferee; and

• (e) Specify any provisions of the proposal that are to constitute rights or obligations of any specified transferors or transferees; and

• (f) Specify the class, number, nominal value, and terms of the shares, if any, that shall be issued by a transferee in connection with the vesting in it of the assets, or assets and liabilities, referred to in the proposal; and

• (g) Specify the class, number, nominal value, and terms of the debt securities, if any, that shall be issued by a transferee in connection with the vesting in it of the assets, or assets and liabilities, referred to in the proposal; and

• (h) Where a person to whom any such shares or debt securities are to be issued is a company or other person, specify the class, number, nominal value, and terms of any shares or debt securities, or both, that shall be issued by that person in connection with the issue to it of the first-mentioned shares or debt securities; and

• (i) Specify the transferors or other persons to whom shall be issued the shares or debt securities referred to in paragraphs (f) to (h) of this subsection (and such persons need not be the transferors of the assets, or assets and liabilities, in connection with which the shares or debt securities are issued); and

• (j) Contain such other provisions as the transferring Ministers think fit; and

• (k) Be signed by the transferring Ministers; and

• (l) Be laid before the House of Representatives by the Minister of Health within 12 sitting days of its being approved by the Governor-General by Order in Council.

(3) Where a proposal is approved by the Governor-General by Order in Council, except as otherwise specified in the proposal or in the Order,—

• (a) All assets and liabilities of a transferor that the proposal states are to be transferred to a transferee shall, by virtue of this Act, vest in that transferee with effect from the commencement of the transfer date; and

• (b) All authorities that the proposal states are to be granted to a transferee shall be deemed to be granted to the transferee with effect from the commencement of the transfer date; and

• (c) Where the proposal states that specified provisions of the proposal are to constitute rights or obligations of specified transferors or transferees, those provisions shall be deemed to constitute such rights or obligations with effect from the commencement of the transfer date; and

• (d) Where the proposal states that shares are to be issued by a company, the shareholders of the company shall on or before the transfer date resolve to increase the capital of the company to the amount necessary for the issue of the shares and the persons specified in the proposal shall on or before the transfer date subscribe for or be issued with shares in accordance with the proposal, and the shares shall be deemed to be paid up to the extent (if any) specified in the proposal with effect from the commencement of the transfer date; and

• (e) Where the proposal states that debt securities are to be issued by a person, the debt securities shall be deemed to have been issued by that person in accordance with the proposal with effect from the commencement of the transfer date.

(4) Subject to subsection (5) of this section, the Governor-General may, by Order in Council made on the recommendation of the transferring Ministers, approve an amendment to a proposal approved under subsection (1) of this section at any time or times. Any such amendment shall come into effect on a date (and at the time, if any) specified in the order (which date may be the transfer date for the proposal or any date after that transfer date).

(5) Where a transferee referred to in a proposal is a person declared by Order in Council to be a transferee for the purposes of this Act, neither the proposal nor any amendment to the proposal shall be approved by the Governor-General by Order in Council unless the proposal or amendment has been agreed to by the transferee.

(6) An Order in Council under this section—

• (a) Shall identify the proposal or amendment approved, but need not incorporate it in the order; and

• (b) Shall be deemed to be a regulation within the meaning of the Regulations (Disallowance) Act 1989.

(7) Nothing in this section prevents assets or liabilities being transferred to a transferee for a consideration other than the issue of shares or debt securities.

(1) Nothing effected or authorised by any of sections 4 and 5 or any other provision of this Act—

• (a) Shall be regarded as placing a transferor or any other person in breach of, or default under, any agreement, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong:

• (b) Shall be regarded as giving rise to a right for any person to—

  • (i) Terminate or cancel or modify an agreement; or

  • (ii) Enforce or accelerate the performance of an obligation; or

  • (iii) Require the performance of an obligation not otherwise arising for performance:

• (c) Shall be regarded as placing a transferor or any other person in breach of any enactment or rule of law or provision of an agreement prohibiting, restricting, or regulating the transfer of any assets or liabilities or the disclosure of any information:

• (d) Shall release any surety from any obligation:

• (e) Shall invalidate or discharge any agreement or security.

(2) Where an asset or liability of a transferor is transferred from a transferor to a transferee under this Act,—

• (a) Where the transfer is registrable (other than under the Land Transfer Act 1952), the person responsible for keeping the register shall register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for this purpose by the Minister of Health:

• (b) The laying before the House of Representatives of any agreement or proposal relating to the transfer shall be deemed to be notice of the transfer, and any third party shall with effect from the commencement of the transfer date (or such other time as is specified in the agreement, proposal, or Order in Council) deal with the transferee in place of the transferor:

• (c) Subject to subsection (3) of this section, where the Crown is not the transferor, without limiting the liability of the transferee, the Crown shall be liable to any third party as if the asset or liability were that of the Crown but shall be indemnified by the transferee in respect of any liability to any third party:

• (d) Subject to subsection (3) of this section, where the Crown is the transferor, without limiting the liability of the transferee, the Crown shall remain liable to any third party as if the asset or liability had not been transferred but shall be indemnified by the transferee in respect of any liability to any third party:

• (e) Any satisfaction or performance by the transferee in respect of the asset or liability shall be deemed to be also satisfaction or performance by the transferor and (if the transferor is not the Crown) by the Crown:

• (f) Any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the transferee shall be deemed to be also to the benefit of the transferor and (if the transferor is not the Crown) of the Crown.

(3) Notwithstanding subsection (2) of this section or any other enactment or rule of law, the Crown shall not be liable by virtue of that subsection to a third party in respect of an asset or liability transferred to a transferee under this Act—

• (a) To the extent (if any) that the third party has agreed that—

  • (i) The Crown shall not be so liable; or

  • (ii) The asset or liability may be transferred to the transferee or to any person on the basis that the transferor would cease to be liable, and the Crown would not become liable, in respect of the asset or liability; or

• (b) If, under any law of general application and without the third party's consent, the asset or liability could have been transferred to the transferee or to any person on the basis that the transferor ceased to be liable in respect of the asset or liability.

(1) Sections 32 to 34, 40, 46, 52 to 55, 57 to 92, 103, 130, and 130A, and Part 5, of the Local Authorities Loans Act 1956 shall apply, so far as they are applicable and with the necessary modifications, to any loan raised by the issue of debentures or stock in respect of which an area health board is (or, as applicable, immediately before the transfer, was) liable and that is transferred by or pursuant to this Act, as if the transferee to whom the obligations in respect of that loan are transferred was the area health board that raised the loan; and that transferee shall be deemed to be a local authority for the purposes of those provisions of that Act.

(2) Subject to subsection (3) of this section, where any loan raised by the issue of debentures or stock in respect of which an area health board is (or, immediately before the transfer, was) liable, is transferred by or pursuant to this Act, the transferee shall succeed to the same rights and obligations in respect of any sinking fund established in order to provide money for the repayment of that loan as the area health board had immediately prior to the transfer.

(3) Notwithstanding section 86(5) of the Local Authorities Loans Act 1956 or any other enactment or rule of law, the following provisions shall apply in respect of every sinking fund which relates to a loan of the kind referred to in subsection (2) of this section and which is held by one or more Commissioners:

• (a) The Minister of Finance may, after consultation with the Commissioners, give written notice to the Commissioners requiring them to comply with paragraph (b) of this subsection on a date specified in the notice (being a date that is at least 4 weeks after the date on which the notice is received by the Commissioners):

• (b) Where a notice is given under paragraph (a) of this subsection, the Commissioners shall, after deducting—

  • (i) Any amounts payable from the fund to them or any other person; and

  • (ii) Any amount required to compensate the Commissioners for loss of their role as Commissioners of the fund,—

  transfer the money and other assets representing the fund to the Residual Health Management Unit:

• (c) From the date specified in the notice given under paragraph (a) of this subsection, the fund shall cease to exist and—

  • (i) No further payments shall be made into it; and

  • (ii) The money and other assets transferred to the Unit shall be the property of the Unit to be used or applied as it thinks fit:

• (d) No liability shall be incurred by the Commissioners in respect of the fund after the transfer to the Unit of the money and assets representing the fund (other than any liability for actions or omissions before the transfer).

(1) [Repealed]

(2) No gift duty shall be payable under the Estate and Gift Duties Act 1968 in respect of any dutiable gift from a transferor to a transferee under an agreement entered into under section 4 of this Act, or a proposal approved under section 5 of this Act.

(3) A transfer of assets or liabilities from a transferor to a transferee pursuant to an agreement entered into under section 4 of this Act, or a proposal approved under section 5 of this Act, shall be deemed not to be a supply of goods or services for the purposes of the Goods and Services Tax Act 1985.

(4) Nothing in sections CB 6 to CB 23 or EE 44 to EE 52 of the Income Tax Act 2007 shall apply in respect of any asset transferred by a transferor to a transferee under an agreement entered into under section 4 of this Act, or a proposal approved under section 5 of this Act.

(5) For the purposes of the Income Tax Act 2007, assets and liabilities acquired by a transferee from a transferor under an agreement entered into under section 4 of this Act, or a proposal approved under section 5 of this Act, shall be deemed to have been acquired—

• (a) On the date on which such assets or liabilities are transferred to the transferee under the agreement or the proposal; and

• (b) For a consideration equal, in the case of transfer by an agreement under section 4 of this Act, to the consideration specified in the agreement, and in the case of transfer by a proposal approved under section 5 of this Act for a consideration equal to the value attributed to such asset or liability in the proposal.

(6) Nothing in sections EE 41 to EE 43 of the Income Tax Act 2007 shall apply in respect of any asset acquired by a transferee from a transferor under an agreement entered into under section 4 of this Act, or a proposal approved under section 5 of this Act.

The provisions set out in Schedule 1 to this Act shall apply in respect of:

• (a) Each transfer of assets or liabilities, or both, pursuant to this Act; and

• (b) Each agreement entered into under section 4 of this Act; and

• (c) Each proposal approved under section 5 of this Act.

For the avoidance of doubt, it is hereby declared that, subject to sections 11 to 11D of this Act and to any other enactment or rule of law, all assets that are transferred to a transferee under this Act shall remain subject to any trusts affecting those assets at the time when they are transferred and be dealt with by the transferee in accordance with the terms of the trusts.

(1) If an asset is held in trust by a transferor or transferee, the Minister may request the Attorney-General to determine either, or both, of the following matters:

• (a) Whether, and to whom, the asset should be transferred:

• (b) The extent to which the terms of the trust should be modified.

(2) If the Attorney-General is requested to determine a matter under subsection (1) of this section, Public Trust shall prepare a scheme for the transfer of the asset or for modifying the terms of the trust, or both.

(3) Public Trust, in preparing a scheme under subsection (2) of this section, may consult with such persons as it considers appropriate.

(4) Every scheme under subsection (2) of this section shall—

• (a) Be prepared, and submitted, to the Attorney-General as soon as reasonably practicable; and

• (b) Be accompanied by full information as to all the facts upon which any transfer or modification is proposed; and

• (c) Effect the minimum change necessary to enable the trust to operate satisfactorily in the light of the transfer of the asset.

(5) The Attorney-General shall, as soon as reasonably practicable after receiving a scheme submitted under subsection (4) of this section,—

• (a) Approve the scheme (as originally submitted or with amendments agreed by Public Trust); or

• (b) Recommend amendments to the scheme; or

• (c) Direct that the scheme should not proceed, in which event the matter shall be dealt with under the Charitable Trusts Act 1957.

(6) No scheme shall be approved by the Attorney-General under this section unless the Attorney-General is satisfied that the scheme is a proper one and is not contrary to law, public policy, or good morals.

(7) Where a scheme is approved by the Attorney-General under subsection (5) of this section, the transferor or transferee (as the case may be) shall forthwith take all steps necessary to implement the scheme, and the terms governing the trust shall be deemed to be modified or amended to the extent necessary to enable implementation of the scheme.

(8) The transferor and the transferee shall, upon transfer of any asset in accordance with a scheme which has been approved by the Attorney-General under subsection (5) of this section, cease to be liable in respect of any express or implied trust upon which it held the asset, but shall remain liable for any misappropriation or wilful negligence.

(9) Nothing in this section shall limit the provisions of any other enactment or rule of law relating to the variation of trusts.

(10) The reasonable costs of Public Trust in acting under this section shall be paid out of money appropriated by Parliament for the purpose.

(1) Subject to subsections (2) to (6) and to clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000, the powers of a DHB to sell, exchange, mortgage, or charge land may be exercised by that DHB in respect of land held in trust for any purpose, despite the terms of that trust.

(2) The proceeds of any sale effected pursuant to subsection (1), and the land or money obtained by any exchange effected pursuant to subsection (1), are to be subject, so far as may be practicable, to the same trusts as the land so disposed of, or to any similar trusts that the Attorney-General may approve.

(3) Nothing in this section applies to—

• (a) any public reserve within the meaning of the Reserves Act 1977; or

• (b) any Crown endowment land.

(4) In respect of any land held in trust, the power of sale conferred by subsection (1) may not be exercised if the sale of the land is expressly prohibited by a term of the trust.

(5) Any question as to whether subsection (4) prevents the sale of any land may be determined by the Attorney-General.

(6) No mortgage or charge given by a DHB in respect of any land that is held in trust for any purpose may contain or imply any power of sale of the land, whether or not the mortgage or charge purports to do so.

(1) The Minister of Health may, by written notice given to a DHB, declare that any land vested in the DHB (being land that the Attorney-General has, by written notice to the Minister of Health, declared to be Crown endowment land) is no longer subject to the Crown endowment.

(2) Where a notice is given by the Minister of Health under subsection (1), from the date of the notice the land—

• (a) ceases to be subject to the Crown endowment; and

• (b) subject to clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000, may be sold, exchanged, mortgaged, charged, or otherwise dealt with by the DHB free from the terms of the Crown endowment.

(3) The Attorney-General may declare any land vested in a DHB to be Crown endowment land for the purposes of subsection (1) even if either or both of the following applies:

• (a) the purpose of the Crown endowment can no longer be attained or ascertained:

• (b) it is uncertain whether the land is Crown endowment land.

(1) Subject to subsection (2), where a DHB holds in trust the proceeds of the sale of any land (being land that was, at the time of the sale, subject to a Crown endowment), the DHB may, despite the terms of that endowment, and whether the land was sold before or after the commencement of this section, apply the proceeds of the sale—

• (a) for the purposes of any health services or disability support services, or both, provided by the DHB; or

• (b) for any purpose for which the DHB may lawfully apply its own property.

(2) The power conferred by subsection (1) may be exercised in respect of the proceeds of the sale of any land only if the Attorney-General, by written notice given to the DHB, declares that the land sold (whether before or after the commencement of this section) was Crown endowment land.

(3) A notice may be given under subsection (2) in respect of land sold by a DHB even if either or both of the following applies:

• (a) the purpose of the Crown endowment can no longer be attained or ascertained:

• (b) it is uncertain whether the land sold was Crown endowment land.

Nothing in this Act prevents a DHB from exercising the rights conferred on trustees by Part 3 of the Charitable Trusts Act 1957.

(1) In this section, health sector reserve means any land vested in a transferee that is a reserve within the meaning of the Reserves Act 1977.

(2) Every health sector reserve is deemed to be classified, under the Reserves Act 1977, as a Government purpose reserve for the purpose of the health and disability sector and for related purposes.

(3) Every health sector reserve may be transferred under this Act to any transferee, whether or not the transferee is in the health and disability sector.

(4) Every transferee to whom a health sector reserve is transferred under this Act is an administering body under the Reserves Act 1977 in respect of that reserve, except that neither section 25(3) of that Act nor Part 4 of that Act applies to the transferee or to the reserve.

(5) A transferee outside the health and disability sector to whom a health sector reserve is transferred under this Act must, as soon as practicable, promote either of the following:

• (a) an appropriate change of classification or purpose of the health sector reserve under the Reserves Act 1977:

• (b) the revocation, under that Act, of the reservation of the health sector reserve as a reserve.

(6) If the reservation of any health sector reserve is revoked under the Reserves Act 1977, then, despite any enactment, from the date of the revocation the land comprising the former health sector reserve—

• (a) remains vested in the transferee; and

• (b) is subject to any reservations or trusts affecting that land arising from Acts (other than the Reserves Act 1977 or any other Act by which the former status as a reserve was conferred or confirmed), Provincial Ordinances, wills, deeds, or other instruments; and

• (c) is subject to clause 3 of Schedule 1 if it is public work land within the meaning of that clause; and

• (d) is subject to any valid leases, rights, easements, or interests subsisting over that land at the date of the revocation.

(7) Despite the Reserves Act 1977, a lease or licence may be granted over a health sector reserve for health-related purposes or, with the consent of the Minister, for any other purposes.

(8) The granting of a lease or licence under subsection (7) is subject to,—

• (a) if granted by a publicly-owned health and disability organisation or a subsidiary of such an organisation, clause 43 of Schedule 3 or clause 28 of Schedule 6 of the New Zealand Public Health and Disability Act 2000, as the case may require; and

• (b) if granted by a transferee that is not a publicly-owned health and disability organisation or a subsidiary of such an organisation, clause 43 of Schedule 3 of the New Zealand Public Health and Disability Act 2000, as if that clause applied, with all necessary modifications, to the transferee.

(9) Any payment under a lease or licence over a health sector reserve may be paid to the transferee in whom the reserve is vested, and may be applied for the purposes of the transferee.

(10) To avoid any doubt, nothing in this Act permits the Minister to alter the status of a health sector reserve without complying with all processes required by the Reserves Act 1977, including the processes under that Act that require changes in status to be approved by the Minister of Conservation.

Nothing in sections 11A to 11E limits the application of clause 3 of Schedule 1 to land to which that clause applies.

Nothing in sections 11A to 11E limits the application of—

• (a) section 11 of the Waikato Raupatu Claims Settlement Act 1995; or

• (b) Part 9 of the Ngai Tahu Claims Settlement Act 1998.

(1) Subject to subsections (2) to (5), the provisions of Part 4A of the Conservation Act 1987 apply, with all necessary modifications, in relation to every sale or other disposition of land by a transferee as if that disposition of land were a sale or other disposition of land by the Crown.

(2) The provisions of Part 4A of the Conservation Act 1987 do not apply in relation to any sale or other disposition of land by a transferee if the land sold or otherwise disposed of—

• (a) is land that,—

  • (i) before being transferred to, or vested in, the transferee under this Act or the New Zealand Public Health and Disability Act 2000, had been given to the Crown, a DHB, or any predecessors in title of a DHB; and

  • (ii) is being sold or disposed of to the donor of the land or to the successor of the donor of the land (being the person who would have been entitled to the land under the will or intestacy of the donor had the donor owned the land at the date of the donor's death); or

• (b) is land acquired by the transferee other than land acquired by virtue of—

  • (i) the operation of section 95 of the New Zealand Public Health and Disability Act 2000; or

  • (ii) a transfer under this Act; or

• (c) is land being transferred to or vested in the Crown.

(3) Despite subsection (1), the Registrar-General of Land is not obliged to take any action under section 24D of the Conservation Act 1987 upon the registration of any disposition by a transferee of any land under the Land Transfer Act 1952 unless a certificate complying with subsection (4) is lodged with the instrument by which the disposition is being effected.

(4) The certificate required by subsection (3) must—

• (a) be signed by the chief executive of the transferee by which the disposition is being effected; and

• (b) certify that the disposition is one to which Part 4A of the Conservation Act 1987 applies; and

• (c) state the action that the Registrar-General of Land is required to take under section 24D of the Conservation Act 1987 upon the registration of that disposition; and

• (d) specify the certificate of title upon which the Registrar-General of Land is to record the statements required by section 24D of the Conservation Act 1987.

(5) Nothing in this section limits the provisions of clause 6 of Schedule 1.

(1) Where the rights and obligations of a transferor under a contract of service between the transferor and an employee of the transferor are transferred to a transferee under section 4 or section 5 of this Act, except as otherwise specified in the agreement, proposal, or Order in Council,—

• (a) The employee shall, with effect from the commencement of the transfer date, become an employee of the transferee; and the contract of service shall, from the commencement of that date, apply as a contract between the employee and the transferee; and

• (b) The contract of service shall be deemed to have been unbroken and the employee's period of service with the transferor, and every other period of service of the employee that is recognised by the transferor as continuous service, shall be deemed to have been a period of service with the transferee; and

• (c) The employee shall be employed by the transferee with effect from the commencement of the transfer date in the same or substantially the same capacity as the capacity in which the employee is employed immediately before the transfer date; and

• (d) The employee shall not be entitled to receive any payment or other benefit (including a benefit under any superannuation scheme) by reason of—

  • (i) The transfer; or

  • (ii) The employee ceasing to be an employee of the transferor; or

  • (iii) Any change in the capacity in which the employee is employed, so long as the new capacity is substantially the same as the previous capacity.

(2) Where any rights and obligations of a transferor under a contract of service arise by virtue of a collective employment contract and such rights and obligations are transferred to a transferee under section 4 or section 5 of this Act, that collective employment contract shall be deemed, as from the commencement of the transfer date (or such other time as is specified in the agreement, proposal, or Order in Council), to continue to apply on the same terms (including any terms relating to new employees) as if it were a contract made between the transferee, any bargaining agent that is a party to it, and the employee.

(1) Where an employee of a transferor receives a reasonable offer of employment from any transferee on or before the date on which the employee ceases to be employed by the transferor, being an offer of employment on terms and conditions that are substantially similar to the terms and conditions applying to the employee at the date on which the employee ceases to be employed by the transferor, then, except as otherwise determined by the Minister but notwithstanding the terms of that employee's contract of service with the transferor, the employee shall not be entitled to receive any payment or other benefit from the transferor by reason of so ceasing, whether or not the employee accepts that offer of employment from the transferee.

(2) Where an employee of a transferor ceases for any reason (including redundancy) to be an employee of the transferor but is employed (in any capacity) by a transferee within 9 months of so ceasing (whether or not that employment with the transferee commenced before the employee ceased employment with the transferor), then, notwithstanding the terms of that employee's contract of service with the transferor,—

• (a) The entitlement of that employee to receive or to retain any payment or other benefit from the transferor or from any other person by reason of so ceasing shall be determined in accordance with a scale fixed by the Minister; and

• (b) If such a payment or other benefit has been paid to or for the benefit of the employee, the employee shall repay all or such part of the payment or other benefit in accordance with a scale fixed by the Minister.

(3) In fixing a scale for the purposes of subsection (2) of this section, the Minister shall have regard to the period that has elapsed between the employee ceasing to be employed by the transferor and becoming an employee of a transferee.

(4) Every amount payable by an employee under subsection (2)(b) of this section shall constitute a debt due from the employee to the person who paid it (or, if that person was an area health board, to the Crown Health Financing Agency) and may be recovered accordingly.

(5) The Minister may vary a scale in respect of a particular employee where the Minister is satisfied that—

• (a) Undue hardship to the employee would otherwise result; or

• (b) It is reasonable to do so having regard to the extent to which the employee's terms and conditions of employment with the transferee differ from those with the transferor.

(6) This section shall apply only to those employees who cease to be employed by a transferor on or before the 31st day of December 1994.

Where—

• (a) The rights and obligations of a transferor under a contract of service between the transferor and an employee of the transferor are transferred to a transferee under section 4 or section 5 of this Act; and

• (b) The employee was, immediately before the date on which the transfer takes effect, a member of a superannuation scheme of which the Board of Trustees of the National Provident Fund is trustee; and

• (c) The transferor was, immediately before that date, a corporate contributor to that scheme,—

the transferee shall on and from that date be obliged to contribute to that scheme in respect of that employee in accordance with the terms of the scheme and shall be deemed to be a local authority for the purposes of section 40 of the National Provident Fund Restructuring Act 1990.

(1) For the purposes of the Government Superannuation Fund Act 1956, a person who, at any time before the 31st day of March 1994, becomes an employee of a transferee and who, immediately before becoming such an employee, was an officer or employee of a transferor and was a contributor to the Government Superannuation Fund under that Act shall, so long as that person continues to be employed by a transferee, be deemed to be employed in the Government service and that Act shall be deemed to apply to that person as if service with the transferee were Government service.

(2) Subject to the Government Superannuation Fund Act 1956, nothing in subsection (1) of this section shall entitle any such person to become a contributor to the Government Superannuation Fund after that person has ceased to be a contributor.

(3) For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subsection (1) of this section, to a person who is in the service of a transferee and is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to that person, means the chief executive of the transferee.

(1) The enactments specified in Part 1 of Schedule 5 to this Act are hereby repealed.

(2) The orders and the determination specified in Part 2 of Schedule 5 to this Act are hereby revoked.

(1) Part 2 of the Social Security Act 1964 is hereby repealed.

(2) The enactments specified in Part 3 of Schedule 5 to this Act are hereby repealed.

(3) The enactments specified in Part 4 of Schedule 5 to this Act are hereby revoked.

(4) [Repealed]

(1) The Governor-General may from time to time, by Order in Council, in accordance with the recommendation of the Minister, make regulations for all or any of the following purposes:

• (a) Prescribing the maximum amounts that persons or classes of persons specified in the regulations may charge in respect of any health services or disability services specified in the regulations for which payments are made by purchasers, being maternity, immunisation, diagnostic, pharmaceutical, or other services for which the amounts that could be charged were limited by any Act or regulations on the day before the day on which this section comes into force:

• (b) Defining classes of services or persons for the purposes of any regulations made under this section, which classes may be defined by reference to such criteria, circumstances, or matters as are specified in the regulations, including, but not by way of limitation, the income of the persons:

• (c) Prescribing transitional and savings provisions relating to the coming into force of section 24 of this Act; and, without limiting the generality of paragraphs (a) and (b) of this subsection, any such regulations may provide that, together with such amendments or additions (if any) as are specified in the regulations, specified provisions of this Act shall not apply during a specified transitional period, or specified provisions of Part 2 of the Social Security Act 1964, or of the enactments specified in Part 3 or Part 4 of Schedule 5 to this Act shall continue to apply, in respect of any specified persons or class of persons.

(2) Before making any recommendation that regulations be made under subsection (1)(a) of this section, the Minister shall consult as to the principal contents of the proposed regulations with such persons, or representatives of the persons or classes of persons to be specified in the regulations, as the Minister thinks fit.

(1) The Public Finance Act 1989 is hereby amended by inserting in Schedules 4, 6, and 7 (as added by section 41 of the Public Finance Amendment Act 1992), in their appropriate alphabetical order, the following items:

(2) The Public Finance Act 1989 is hereby amended by inserting in Schedule 5 (as added by section 41 of the Public Finance Amendment Act 1992), in their appropriate alphabetical order, the following items:

(3) The Public Finance Act 1989 is hereby amended by inserting in Schedules 4, 6, and 7 (as so added), in its appropriate alphabetical order, the following item:

(4) The Public Finance Act 1989 is hereby amended by omitting from Schedules 4 and 7 (as so added) the words “Area Health Boards”.

(1) The Building Act 1991 is hereby amended in the manner indicated in Schedule 3 to this Act.

(2) Subsection (1) of this section and Schedule 3 to this Act shall come into force on a date to be appointed by the Governor-General by Order in Council, being a date after the 30th day of June 1994.

(1) The Ombudsmen Act 1975 is hereby amended by adding to section 2 (as substituted by section 2 of the Ombudsmen Amendment Act 1992 and amended by section 46(1) of the Crown Research Institutes Act 1992) the following subsection:

(2) Part 1 of Schedule 1 to the Ombudsmen Act 1975 is hereby amended—

• (a) By omitting from Part 1 of Schedule 1 the words “The Department of Health”; and

• (b) By inserting in Part 1 of Schedule 1, in its appropriate alphabetical order, the following item:

  • “The Ministry of Health.”

(3) Part 2 of Schedule 1 to the Ombudsmen Act 1975 is hereby amended by inserting, in their appropriate alphabetical order, the following items:

(4) Part 3 of Schedule 1 to the Ombudsmen Act 1975 is hereby amended by omitting the item relating to area health boards (as inserted by section 98 of the Area Health Boards Act 1983).

The enactments specified in Schedule 4 to this Act are hereby amended in the manner indicated in that Schedule.