2 OCTOBER

NEW ZEALAND GAZETTE

3725

“prison” includes a Gazetted police jail, or corrective
training institution;

“publicly-funded services” means personal health,
mental health and disability support services funded by a
DHB using funds provided by the Crown under a Crown
Funding Agreement or section 88 notice and, except in
relation to public health acute services, does not include
services funded by a DHB 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 6 of the IPRAC Act;

“services” means personal health services, mental health
or disability support services;

“Work Permit Holder” means a person who:

(a) holds a 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 two 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 two
years; and

(b) includes a dependent child aged 19 years or under,
of any such person.

3. Scope of this Direction—(1) This direction covers all
   publicly-funded services funded by DHBs, whether in or
   outside a health care facility, and without limitation includes
   primary health services;

(2) Except as provided in clause 3 (3) below, this direction
does not operate retrospectively²;

(3) An individual on a student or visitor permit who as at
29 October 2003 would have been eligible under clauses
2 (e) and (f) of the 2000 Direction had it not been revoked,
will retain eligibility under the 2000 Direction if he or she
is:

(a) a visitor permit holder and is granted consecutive
permits to remain in or re-enter New Zealand;

(b) a student permit holder and is granted consecutive
permits to remain in or re-enter New Zealand, even
where the individual leaves New Zealand for short
periods (of up to four months).

4. Eligibility Criteria—A person is eligible for publicly-
   funded services if he or she is in New Zealand at the time of
   seeking services and falls into any one or more of the
   following categories:

(1) A New Zealand citizen³;

(2) Ordinarily resident in New Zealand;

(3) A person who has refugee status in New Zealand or is in
the process of having an application for refugee status
determined by NZIS, or a person who is in the process
of having an appeal against refusal of refugee status
determined by the Refugee Status Appeal Authority;

(4) A student receiving funding under the New Zealand
Agency for International Development Official
Development Assistance Programme, or is the partner,
or dependent child under the age of 18 years, of such a
student;

(5) A participant in the Ministry of Education’s Foreign
Language Teaching Assistantship Scheme;

(6) The holder of a Commonwealth Scholarship;

(7) In respect only of eligibility for services required to be
provided under the agreement referred to in the Schedule
to the Health Benefits (Reciprocity with Australia) Act
1986 or any of its successors, a resident of Australia who
is in New Zealand on a temporary basis;

(8) In respect only of eligibility for services required to be
provided under the agreement set out in the Schedule
to the Health Benefits (Reciprocity with the United
Kingdom) Act 1982 or any of its successors, a person
recognised by the Government of the United Kingdom as
a national, who has his or her usual place of abode in the
United Kingdom, and is in New Zealand on a temporary
basis; or

(9) A child under the age of 18 years who is for the time
being in the care and control of:

(a) his or her parent or guardian, and his or her parent or
guardian meets either of the eligibility criteria
specified in clauses 4 (1) or (2) or is a person referred
to in clause 3 (3); or

(b) a person who is in the process of legally adopting
that child and that person meets either of the
eligibility criteria specified in clauses 4 (1) or (2) or
is a person referred to in clause 3 (3);

(10) In respect only of eligibility for compulsory services
under the Tuberculosis Act 1948, the Health Act 1956,
the Alcoholism and Drug Addiction Act 1966, the
Mental Health (Compulsory Assessment and
Treatment) Act 1992, or any Regulations made under
any of those enactments (together the “enactments”), a
person receiving or eligible to receive services under
the enactments;

(11) In respect only of eligibility for services not available
through the prison health services, a prison inmate
(including an individual on remand in prison custody);

(12) A person who:

(a) in respect only of eligibility for public health acute
services required by that person for a personal
injury for which that person has cover and
entitlement⁴ to treatment under the IPRAC Act, is
seeking services covered by a Crown Funding
Agreement; or

(b) in respect of eligibility for disability support
services, requires those services for a personal
injury for which the person has cover and
entitlement under the IPRAC Act, but has been
disentitled to any of those services under any of
sections 118-122 of the IPRAC Act; or

(c) has cover and entitlement under the IPRAC Act,
and seeks primary-referred pharmaceutical and
laboratory services⁵.

5. Disputes and payments—If any question or dispute
   arises as to whether or not a person satisfies any of the
   eligibility criteria, that question or dispute shall be
   determined by the Ministry of Health.

6. Amendment, Revocation and term of direction—

(1) The Minister may from time to time, by notice under
section 32 of the NZPHD Act, amend or revoke this
direction.

(2) The Health and Disability Services Eligibility Direction
2000 is revoked by this direction.

(3) This direction (together with any amendments to it made
under clause (1) of this section) will remain in force until it
is revoked by the Minister.

Dated at Wellington this 19th day of September 2003.

ANNETTE KING, Minister of Health.

¹ The Eligibility Direction sets out who is entitled to publicly funded health
services in New Zealand. If you do not meet one of the criteria set out in
this direction, you are not entitled to free or subsidised services and are
liable to be charged for any health services accessed.

² Eligibility is assessed at the time of seeking services and cannot be
backdated, therefore eligibility changes made by this revised direction
apply only to persons seeking services after this direction comes into force.