17 JUNE
NEW ZEALAND GAZETTE
1601

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; or

(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;

“Public health acute services” has the same meaning as
in section 14(2) of the AI Act;

“Services” (except in clause 5 (13)) means personal
health services or disability services or both;

(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
1998 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