2 JULY NEW ZEALAND GAZETTE, 2015

(ii) 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

(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 HFA using funds provided by the Crown under a funding agreement, and does not include services purchased by the HFA 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;

“Services” means personal health services or disability services or both;

“Specified injuries” means all and any personal injuries:

(a) that are motor-vehicle related;

(b) that are work-related (including subsequent work-related personal injuries);

(c) to earners (within the meaning of the ARCI Act) that are of any type of personal injury;

(d) that are referred to in paragraphs (a), (b) or (c) above and are suffered by persons who are not “ordinarily resident in New Zealand” within the meaning of the Accident Rehabilitation and Compensation Insurance (Ordinary Residence Definition) Regulations 1992;

(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 1997 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 that equalled or exceeded 2 years whether or not that person has been temporarily absent from New Zealand during that period; or

(3) Is a New Zealand citizen whose usual place of abode is in the Cook Islands, Niue, or Tokelau, and 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) 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 HFA 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 HFA; or

(8) Is a resident of Australia who is in New Zealand on a temporary basis (in respect of services required to be provided for that individual while in New Zealand by the agreement set out in the Schedule to the Health Benefits (Reciprocity with Australia) Act 1986) or any enactment which replaces, amends, supplants, or consolidates that Act; or

(9) 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 (in respect of services required to be provided for that individual while in New Zealand by the agreement set out in the Schedule to the Health Benefits (Reciprocity with the United Kingdom) Act 1982 or any enactment which replaces, amends, supplants, or consolidates that Act; or

(10) Is a child (who is not otherwise eligible) under the age of 16 years who is unlawfully in New Zealand and is for the time being in the care and control of:

(a) his or her guardian, and his or her guardian meets any of the eligibility criteria specified in clauses 1, 2, or 3; or

(b) a person who is in the process of legally adopting that child and that person meets any of the eligibility criteria specified in clauses 1, 2, or 3;