14 SEPTEMBER
NEW ZEALAND GAZETTE
3293

7. Power to authorise taking of fisheries resources for customary food gathering—The Tāngata Tiaki/Kaitiaki may authorise any individual to take fisheries resources managed under the Fisheries Acts 1983 and 1996 for customary food gathering purposes from within the whole or any part of the area/rohe moana. No customary food gathering of fisheries resources may take place in the area/rohe moana without authorisation from the Tāngata Tiaki/Kaitiaki.

Dated at Wellington this 8th day of September 2000.

PETE HODGSON, Minister of Fisheries.

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Health

Health and Disability Services Act 1993

2000 Direction of the Minister of Health

Relating to Eligibility for Publicly Funded Personal Health and Disability Services in New Zealand

Pursuant to section 25 of the Health and Disability Services Act 1993, the Minister of Health, after consulting as required by that section, hereby gives the following direction to the Health Funding Authority established under section 32 of that Act.

1. Title and commencement—(1) This direction may be cited as the Health and Disability Services Eligibility Direction 2000.

(2) This direction shall come into force on the 1st day of July 2000.

2. Interpretation—(1) In this direction, unless the context otherwise requires—

“AI Act” means the Accident Insurance Act 1998 and includes any regulations made or continued under that Act, and any successor to that Act and any regulations made under it;

“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 clause 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, and for the purposes of clause 5 (13), may include a funding agreement entered into under section 361 of the AI Act;

“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, and includes any successor to the HFA;

“Minister” means the Minister of Health;

“New Zealand” includes all waters within the outer limits of the territorial sea of New Zealand as defined in section 3 of the Territorial Sea and Exclusive Economic Zone Act 1977, and does not include the Cook Islands, Niue, Tokelau or the Ross Dependency;

“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