14 JULY NEW ZEALAND GAZETTE 2289

Schedule

Waimana Cemetery

0.6070 hectares, more or less, Section 12, Block III, Waimana Survey District.

As witness the hand of Her Excellency the Governor-General, this 6th day of July 1994.

W. ENGLISH, Parliamentary Under-Secretary for the Minister of Health.

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Health and Disability Services Act 1993

Direction of the Minister of Health Relating to Eligibility for Health and Disability Services

Pursuant to section 25 of the Health and Disability Services Act 1993, the Minister of Health, after consulting as required by that section, hereby gives the following direction to—

NORTHERN REGIONAL HEALTH AUTHORITY

MIDLAND REGIONAL HEALTH AUTHORITY

CENTRAL REGIONAL HEALTH AUTHORITY

SOUTHERN REGIONAL HEALTH AUTHORITY

Direction

1. Title and commencement—(1) This direction may be cited as the Health and Disability Services Eligibility Direction 1994.

(2) This direction shall come into force on the 1st day of July 1994.

2. Interpretation—In this direction, unless the context otherwise requires—

“Act” means the Health and Disability Services Act 1993;

“Essential eligibility criteria”—

(a) Means the criteria set out from time to time, and described as such, in every funding agreement, being the criteria that must be satisfied before any person may receive any service purchased by any regional health authority; but

(b) Do not include all criteria, terms, and conditions that must be satisfied before a person may receive a service purchased by a regional health authority:

“Funding agreement” means an agreement within the meaning of section 21 of the Act entered into by a regional health authority;

“Minister” means the Minister of Health;

“Partner” means—

(a) where the parties are legally married, either the husband or the wife, as the case requires;

(b) where the parties are not legally married but are living together in a relationship in the nature of a marriage, either of the parties, as the case may require;

“Regional health authority” means a regional health authority established under section 32 of the Act;

“Services” has the meaning given to it by section 2 of the Act:

Words importing the singular include the plural and words importing the plural include the singular.

3. Direction—(1) If any question or dispute arises as to whether or not—

(a) Any person satisfies the essential eligibility criteria for receipt of a service set out from time to time in a funding agreement (being at the date on which this direction will come into force the criteria set out in the Schedule to this direction); or

(b) Any other criteria, or any term or condition, set out in a funding agreement and relating to receipt of a service, is or are satisfied,

— that question or dispute shall be determined by the Minister.

(2) No payment shall be made by a regional health authority in respect of the receipt of a service by a person who was not within New Zealand at the time of that receipt, unless such payment is authorised by the funding agreement of that regional health authority.

4. Amendment, revocation and term of direction—(1) The Minister may from time to time, by notice under section 25 of the Act, amend or revoke this direction.

(2) This direction (together with such amendments, if any, as are made to it under subclause (1) of this clause) shall remain in force until it is revoked.

(3) The Health and Disability Services Eligibility Direction 1993 is hereby revoked with effect from and including 1 July 1994.

Schedule

Essential Eligibility Criteria for Receipt of Services Purchased by Regional Health Authorities (as at the date on which this direction will come into force)

A recipient of a service purchased by a regional health authority must be—

1. An individual who is ordinarily resident in New Zealand (other than unlawfully or by virtue only of a visitor’s permit issued under the Immigration Act 1987); or

2. A citizen of New Zealand (which includes any citizen of the Cook Islands, Niue, or Tokelau) who is for the time being lawfully in New Zealand and who has at some time been ordinarily resident in New Zealand (other than unlawfully or by virtue only of a visitor’s permit issued under the Immigration Act 1987); or

3. An individual who holds a residence permit issued under the Immigration Act 1987; or

4. An individual—

(a) who holds a permit issued under the Immigration Act 1987 entitling that person to remain in New Zealand for a specified period; and

(b) who intends to remain in New Zealand for a period of time that (together with any period of time that person has already been in New Zealand) equals or exceeds two years; or

5. An individual who has refugee status in New Zealand; or

6. A student receiving funding under the Ministry of Foreign Affairs and Trade Official Development Assistance Programme or the partner or child up to the age of 18 years of any such student; or

7. A participant in the Ministry of Education’s Foreign Language Teaching Assistantship Scheme; or

8. An individual who holds a community services card issued under the Health Entitlement Cards Regulations 1993; or

9. An individual—

(a) who is ordinarily resident (other than unlawfully) in a country or territory from time to time specified by the Minister by notice in the Gazette, being a country or territory where in the opinion of the Minister individuals ordinarily resident in New Zealand are or will be, while in that country or territory, eligible for services that substantially correspond to services that a regional health authority is obliged by its funding