NEW ZEALAND GAZETTE

No. 89

2014

date the decision was made by a specialist that the admission was necessary;

“Arranged services” means the following secondary or tertiary services:

(a) an arranged admission; or

(b) outpatient services associated with an arranged admission; or

(c) outpatient services provided less than 7 days after the date the person is referred for those services by a medical practitioner; or

(d) Community services associated with (a), (b), or (c);

and for the avoidance of doubt does not include disability support services;

“ARCI Act” means the Accident Rehabilitation and 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 HFA;

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

“Guardian” has the same meaning as in section 3 of the Guardianship Act 1968;

“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);

“HFA” means the Health Funding Authority established by Order-in-Council under section 32 of the H & DS Act;

“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 that equals or exceeds 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 an intention, on reasonable grounds, to remain in New Zealand for a period that, together with the time that person has already been in New Zealand immediately prior to seeking the services, equals or exceeds 2 years; or

(c) holds a residence permit issued under the Immigration Act 1987, and

(i) holds a current returning resident’s visa issued under the Immigration Act 1987; or

(ii) immediately prior to seeking services, has remained in New Zealand for a period that equals or exceeds 2 years; or

(d) is a person exempted, by virtue of being a citizen of the Commonwealth of Australia or by virtue of holding a current resident return visa issued by the Government of Australia, from holding a residence visa issued under the Immigration Act 1987, and can demonstrate an intention, on reasonable grounds, to remain in New Zealand for a period that, together with the time that person has already been in New Zealand immediately prior to seeking the services, equals or exceeds 2 years; or

(e) holds a student permit issued under section 26 of the Immigration Act 1987:

(i) entitling that person to remain in New Zealand for a period that equals or exceeds 2 years; or

(ii) 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 that period which will (together with the duration of the first permit) allow that person to remain in New Zealand continuously for a period that equals or exceeds 2 years; or

(iii) entitling that person to remain in New Zealand for a specified period of time which, together with the 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) holds a visitor’s or work permit issued under section 26 of the Immigration Act 1987:

(i) entitling that person to remain in New Zealand for a period that equals or exceeds 2 years.