NEW ZEALAND GAZETTE

24 JULY 1851

Compensation Insurance Act 1992 and includes any regulations made or continued under that Act;

“Community services” means services (other than disability support services) provided in a community setting outside a health care facility;

“Disability services” has the same meaning as in section 2 of the H & DS Act;

“Disability Support Services” include—

(a) services which provide information on Disability Support Services to people with disabilities and/or their caregivers in a suitable form; and

(b) needs assessment services; and

(c) service co-ordination services; and

(d) personal care services including assistance with daily activities such as dressing, personal hygiene, assistance with eating, supervising medication, seating, positioning and toileting; and

(e) household management services for people with disabilities including assistance with domestic functions such as meal preparation, cooking, cleaning, laundering and shopping; and

(f) caregiver support services that provide relief to primary informal care givers; and

(g) residential care services that provide short and long term care; and

(h) rehabilitation and habilitation services; and

(i) environmental support services which supply people with disabilities with—

(i) equipment and aids to meet a range of needs including mobility, household management, communication, personal care needs; and

(ii) consumables related to continence, personal care and mobility.

“Eligibility” means the right to be considered for receipt of publicly funded services, but does not equate to an entitlement to receive those services;

“Eligibility criteria” means the criteria set out in section 5 of this direction, any of which, as a minimum, must be satisfied before any person may receive any publicly funded service purchased by the THA;

“Funding agreement” means an agreement within the meaning of section 21 of the H & DS Act entered into by the THA;

“H & DS Act” means the Health and Disability Services Act 1993;

“Health care facility” means a hospital, or other facility for the provision of services operated by a hospital (whether or not located in that hospital);

“Minister” means the Minister of Health;

“New Zealand citizen” means a person who has New Zealand citizenship under the Citizenship Act 1977 or the Citizenship (Western Samoa) Act 1982;

“Ordinarily resident in New Zealand” means an individual who is lawfully present in New Zealand at the time of seeking services and who—

(a) Is a New Zealand citizen who, immediately prior to seeking services, has remained in New Zealand for a period equal to or exceeding 2 years, whether or not that person has been temporarily absent from New Zealand; or

(b) Is a New Zealand citizen who—

(i) has his or her usual place of abode in New Zealand; and

(ii) can demonstrate a reasonably based intention to remain in New Zealand for a period that, together with the time that person has already been in New Zealand, equals or exceeds 2 years; or

(c) Holds a permit issued under the Immigration Act 1987 (including a residence permit) entitling that person to remain in New Zealand for 2 years or more, or

(d) Holds a student permit issued under section 26 of the Immigration Act 1987 entitling that person to remain in New Zealand for a period of not less than 12 months, where that individual can demonstrate a reasonable expectation of having a further student permit issued for a period that (together with the duration of the first permit), allows that person to remain in New Zealand continuously for 2 years or more; or

(e) Holds a permit (including, without limitation, a work permit) issued under the Immigration Act 1987 entitling that person to remain in New Zealand for a specified period which, together with any period of time that person has already been lawfully in New Zealand immediately prior to obtaining the permit, equals or exceeds 2 years; or

(f) Is a citizen of Australia who is exempt from holding a permit to remain in New Zealand through regulations issued pursuant to section 12 (1) of the Immigration Act 1987 who—

(i) has his or her usual place of abode in New Zealand; and

(ii) can demonstrate a reasonably based intention to remain in New Zealand for a period that, together with the time that person has already been in New Zealand, equals or exceeds 2 years; or

(g) Is an individual under the age of 2 years who was born in New Zealand and has remained in New Zealand since birth, whether or not that person has been temporarily absent from New Zealand;

“Outpatient services” means personal health services (including treatment, therapy, advice, diagnostic or investigatory procedures or pre-admission assessment) provided in a health care facility to a person who is not admitted to that facility at the time of receiving those services

“Partner” means—

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

(b) where the parties (whether of the same or opposite gender) are not legally married but are living together in a relationship in the nature of marriage, either of the parties, as the case requires;

“Personal health services” has the same meaning as in section 2 of the H & DS Act;

“Prison” includes a Gazetted police jail, or corrective training institution;

“Publicly funded services” means personal health and disability services purchased by the THA using funds provided by the Crown under a funding agreement, and does not include services purchased by the THA using funds provided by any person or agency other than the Crown, whether or not the purchasing of those services results in a part charge to the person receiving the services;