New Zealand Gazette – 2005 – No. 55

Page 1358

✨ Confidentiality and Miscellaneous Provisions



1358 NEW ZEALAND GAZETTE, No. 55 23 MARCH 2005

(c) where disclosure is permitted under this Notice, including under clause B6;

(d) that is already in the public domain without being in breach of this clause B19;

(e) in so far as it is required to be disclosed by law, including where the Ministry considers
it necessary to disclose Confidential Information under the Official Information Act 1982
or otherwise under the Ministry’s public law obligations;

(f) where the other party has consented in writing to such disclosure.

B19.3 Both the Ministry and the Provider will ensure that Confidential Information is kept in
confidence and in accordance with any legal requirements. In particular, but without limiting
the foregoing, any disclosure of Health Information by either the Ministry or the Provider must
comply with the Privacy Act 1993 and the Health Information Privacy Code 1994.

B19.4 Both the Ministry and the Provider will ensure that Confidential Information is subject to user
authorisation procedures during an audit carried out in accordance with clause B6.

B20. Miscellaneous

B20.1 Waiver

Any waiver by either the Provider or the Ministry must be in writing and duly signed. Each
waiver may only be relied on for the specific purpose for which it is given. A failure of either
the Ministry or the Provider to exercise, or a delay in exercising, any right given to it under
this Notice does not of itself mean that the right has been waived.\n

B20.2 Document Development

Where the Provider is required to develop a written policy procedure, programme, protocol,
guideline, information, system or plan in order to meet any obligation under this Notice, the
Provider will:

(a) develop such a document;

(b) demonstrate systems for reviewing and updating all such documents regularly;

(c) demonstrate implementation on request by the Ministry;

(d) demonstrate that staff are adequately informed of the content and the intent of these
    documents; and

(e) provide the Ministry with a copy of the relevant document on request.

B20.3 Entire Terms and Conditions

This Notice constitutes the entire terms and conditions, and understanding between all
parties, and supersedes and replaces all prior agreements and understandings between the
parties in relation to the provision of the Services.


Next Page →



Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 2005, No 55


Gazette.govt.nz — PDF NZ Gazette 2005, No 55




✨ LLM interpretation of page content

🏥 Quality Assurance Programme (continued from previous page)

🏥 Health & Social Welfare
Dispute Resolution, Mediation, Legal Proceedings, Obligations, Uncontrollable Events, Confidentiality