NEW ZEALAND GAZETTE

No. 75

"Services" means personal health services or disability services or both;

"THA" means the Transitional Health Authority established by Order in Council under section 32 of the H & DS Act;

(2) Words importing the singular include the plural and vice versa.

3. Disputes and payments—If any question or dispute arises as to whether or not—

(1) Any person satisfies any of the eligibility criteria for receipt of a service; or

(2) Any other criteria or any terms or conditions, set out in a funding agreement, for receipt of a service, are satisfied;

that question or dispute shall be determined by the Minister.

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

(2) The Health and Disability Services Eligibility Direction 1994 is hereby revoked.

(3) This direction (together with any amendments to it made under clause (1) of this section), shall remain in force until it is revoked by the Minister.

5. Eligibility Criteria—A person shall be eligible for publicly funded services if he or she is in New Zealand at the time of seeking services and—

(1) Is ordinarily resident in New Zealand; or

(2) Is a New Zealand citizen who is temporarily resident in New Zealand and who has at some time had his or her usual place of abode in New Zealand for a period equal to or exceeding 2 years whether or not that person has been temporarily absent from New Zealand during that period; or

(3) Is a citizen of New Zealand whose usual place of abode is in the Cook Islands, Niue, or Tokelau, who for the time being is temporarily resident in New Zealand; or

(4) Has refugee status in New Zealand or is in the process of applying for such status; or

(5) Is a student receiving funding under the Ministry of Foreign Affairs and Trade Official Development Assistance Programme, or is the partner, or child under the age of 18 years of such student; or

(6) Is a participant in the Ministry of Education’s Foreign Language Teaching Assistantship Scheme; or

(7) Is a community services cardholder; or

(8) Is—

(a) a person having their usual place of abode (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 who are citizens of New Zealand or ordinarily resident in New Zealand are or will be, while in that country or territory, eligible for services that substantially correspond to services that the THA is obliged by its funding agreement to purchase in respect of those individuals; and

(b) not of a class of persons specified by the Minister in that notice as being individuals who may not receive services purchased by the THA; or

(9) Is a resident of Australia who is in New Zealand on a temporary basis (in respect of services required to be provided for such national while in New Zealand by the agreement set out in the Schedule to the Health Benefits (Reciprocity with Australia) Act 1986); or

(10) Is recognised by the Government of the United Kingdom as a national, and has his or her usual place of abode in the United Kingdom, and is in New Zealand on a temporary basis, provided that while the services are required to be provided for such national while in New Zealand by the agreement set out in the Schedule to the Health Benefits (Reciprocity with the United Kingdom) Act 1982; or

(11) Is a child (who is not otherwise eligible) under the age of 16 years who is lawfully in New Zealand and is for the time being in the care and control of a person meeting any of the eligibility criteria specified in clauses 1, 2, or 3; or

(12) Is an individual receiving compulsory services under the Tuberculosis Act 1948, the Health Act 1956, the Alcoholism and Drug Addiction Act 1966, the Mental Health (Compulsory Assessment and Treatment) Act 1992, or any regulations made under such legislation, in respect only of services under those enactments, provided that any such individual may be considered for eligibility for those services only in terms of this clause 12; or

(13) Is a prison inmate, including an individual on remand in prison custody, in respect only of services not available through the prison health services, provided that any such individual may be considered for eligibility for those services only in terms of this clause 13; or

(14) (a) Is an individual who, in respect only of eligibility for acute or arranged services required by that person for a personal injury for which that person has cover under the ARCI Act—

(i) Is “ordinarily resident in New Zealand” within the meaning of the Accident Rehabilitation and Compensation Insurance (Ordinary Residence Definition) Regulations 1992, and has any type of personal injury; or

(ii) Is not “ordinarily resident in New Zealand” in terms of clause 14 (a) (i), and the personal injury is a work injury or motor vehicle injury within the meaning of the ARCI Act; or

(iii) Is not “ordinarily resident in New Zealand” in terms of clause 14 (a) (i), and is an earner (within the meaning of the ARCI Act), and has any type of personal injury;

(b) In respect only of eligibility for disability support services, is an individual who requires those services for a personal injury for which the person has cover under the ARCI Act, but no entitlement to those services pursuant to regulations made, or a contract entered into, under that Act, and who (were it not for the proviso (c) to this clause 14) would satisfy any of the criteria in clauses 1–11 of this section in respect of such services;

(c) Provided that any individual within subclause (a) or (b) above may be considered for eligibility for publicly funded services, the need for which arises directly from that injury, only in terms of this clause 14.

6. General

(1) Eligibility according to the eligibility criteria is to be assessed at the time the service is sought.

(2) A person may, unless otherwise stated, be eligible under one or more of the eligibility criteria.

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