3724 NEW ZEALAND GAZETTE No. 139

Dated this 26th day of September 2003.
GRAEME GILLESPIE, Manager, Public Health Programmes, acting as Deputy Director-General, Public Health, for the period
24 September 2003 to 26 September 2003 (pursuant to delegation given by the Minister of Health on the 6th day of July 2001).

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Consent to the Distribution of a New Related Product

Pursuant to section 20 of the Medicines Act 1981, the Minister of Health hereby consents to the distribution in New Zealand of
the new related product set out in the Schedule hereto:

Schedule

Product: Robitussin Honey Cough (Honey Citrus)
Active Ingredient: Menthol 2.5mg/dose
Dosage Form: Lozenge
New Zealand Sponsor: Wyeth Consumer Healthcare A Division of Wyeth (NZ) Limited
Manufacturer: Powers Pharmaceutical Corp, Brockton, Massachusetts, United States of America

Dated this 26th day of September 2003.
GRAEME GILLESPIE, Manager, Public Health Programmes, acting as Deputy Director-General, Public Health, for the period
24 September 2003 to 26 September 2003 (pursuant to delegation given by the Minister of Health on the 6th day of July 2001).

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New Zealand Public Health and Disability Act 2000

2003 Direction of the Minister of Health

Relating to Eligibility for Publicly-Funded Health and Disability Services in New Zealand¹

Pursuant to section 32 of the New Zealand Public Health and Disability Act 2000, the Minister of Health, after
consulting with boards as required by that section, hereby gives the following direction to District Health Boards
(DHBs) 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 2003.

(2) This direction comes into force on 30 October 2003.

2. Interpretation—In this direction, unless the context otherwise requires:

“Commonwealth Scholarship” means a postgraduate university scholarship awarded to a member of the
Commonwealth under the Commonwealth Scholarship and Fellowship Plan;

“Crown Funding Agreement” means an agreement within the meaning of section 10 of the NZPHD Act entered
into by a DHB, and for the purposes of clause 4 (12) may include a service agreement entered into under section 301
of the IPRAC Act;

“DHB” means a District Health Board established under section 19 of the NZPHD Act, and for the purposes of this
direction includes the Ministry of Health where the Ministry is acting as purchasing agent for a DHB pursuant to an
agency agreement;

“disability support services” has the same meaning as in section 6 of the NZPHD Act;

“eligibility” means the right to be considered for receipt of publicly-funded services, but does not equate to an
entitlement to receive those services, and eligibility is assessed at the time services are sought (it may not operate
retrospectively);

“eligibility criteria” means the criteria set out in clause 4 of this direction, any of which, as a minimum, must be
satisfied before any person may receive any publicly-funded service;

“guardian” has the same meaning as in section 3 of the Guardianship Act 1968 or any successors to that Act;

“health care facility” means a hospital, or other facility for the provision of services operated by a DHB (whether or
not located in a hospital);

“IPRAC Act” means the Injury Prevention, Rehabilitation and Compensation Act 2001, and includes any successor to
that Act and any Regulations made under that Act;

“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, but 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;

“NZIS” means the New Zealand Immigration Service;

“NZPHD Act” means the New Zealand Public Health and Disability Act 2000;

“Ordinarily resident in New Zealand” refers to a person who is lawfully present in New Zealand at the time of
seeking services and who–

(a) 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 two years; or

(b) 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 permit 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 two years; or

(c) is a Work Permit Holder;

“partner” means–

(a) where the parties are legally married, either the husband or the wife, as the case requires; or

(b) a “de facto partner” within the meaning of that term in section 2C of the Property (Relationships) Act 1976;