Direction of the Minister of Health Relating to Eligibility for Health and Disability Services 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 NORTHERN REGIONAL HEALTH AUTHORITY MIDLAND REGIONAL HEALTH AUTHORITY CENTRAL REGIONAL HEALTH AUTHORITY SOUTHERN REGIONAL HEALTH AUTHORITY D i r e c t i o n 1. Title and commencement (1) This direction may be cited as the Health and Disability Services Eligibility Direction 1994. (2) This direction shall come into force on the 1st day of July 1994. 2. Interpretation In this direction, unless the context otherwise requires ``Act'' means the Health and Disability Services Act 1993: ``Essential eligibility criteria'' (a) Means the criteria set out from time to time, and described as such, in every funding agreement, being the criteria that must be satisfied before any person may receive any service purchased by any regional health authority; but (b) Do not include all criteria, terms, and conditions that must be satisfied before a person may receive a service purchased by a regional health authority: ``Funding agreement'' means an agreement within the meaning of section 21 of the Act entered into by a regional health authority: ``Minister'' means the Minister of Health: ``Partner'' means: (a) where the parties are legally married, either the husband or the wife, as the case requires; (b) where the parties are not legally married but are living together in a relationship in the nature of a marriage, either of the parties, as the case may require: ``Regional health authority'' means a regional health authority established under section 32 of the Act: ``Services'' has the meaning given to it by section 2 of the Act: Words importing the singular include the plural and words importing the plural include the singular. 3. Direction (1) If any question or dispute arises as to whether or not (a) Any person satisfies the essential eligibility criteria for receipt of a service set out from time to time in a funding agreement (being at the date on which this direction will come into force the criteria set out in the Schedule to this direction); or (b) Any other criteria, or any term or condition, set out in a funding agreement and relating to receipt of a service, is or are satisfied, that question or dispute shall be determined by the Minister. (2) No payment shall be made by a regional health authority in respect of the receipt of a service by a person who was not within New Zealand at the time of that receipt, unless such payment is authorised by the funding agreement of that regional health authority. 4. Amendment, revocation and term of direction (1) The Minister may from time to time, by notice under section 25 of the Act, amend or revoke this direction. (2) This direction (together with such amendments, if any, as are made to it under subclause (1) of this clause) shall remain in force until it is revoked. (3) The Health and Disability Services Eligibility Direction 1993 is hereby revoked with effect from and including 1 July 1994. Schedule Essential Eligibility Criteria for Receipt of Services Purchased by Regional Health Authorities (as at the date on which this direction will come into force) A recipient of a service purchased by a regional health authority must be 1. An individual who is ordinarily resident in New Zealand (other than unlawfully or by virtue only of a visitor's permit issued under the Immigration Act 1987); or 2. A citizen of New Zealand (which includes any citizen of the Cook Islands, Niue, or Tokelau) who is for the time being lawfully in New Zealand and who has at some time been ordinarily resident in New Zealand (other than unlawfully or by virtue only of a visitor's permit issued under the Immigration Act 1987); or 3. An individual who holds a residence permit issued under the Immigration Act 1987; or 4. An individual (a) who holds a permit issued under the Immigration Act 1987 entitling that person to remain in New Zealand for a specified period; and (b) who intends to remain in New Zealand for a period of time that (together with any period of time that person has already been in New Zealand) equals or exceeds two years; or 5. An individual who has refugee status in New Zealand; or 6. A student receiving funding under the Ministry of Foreign Affairs and Trade Official Development Assistance Programme or the partner or child up to the age of 18 years of any such student; or 7. A participant in the Ministry of Education's Foreign Language Teaching Assistantship Scheme; or 8. An individual who holds a community services card issued under the Health Entitlement Cards Regulations 1993; or 9. An individual (a) who is ordinarily resident (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 ordinarily resident in New Zealand are or will be, while in that country or territory, eligible for services that substantially correspond to services that a regional health authority is obliged by its funding agreement to purchase in respect of those individuals; and (b) who is not of a class of persons specified by the Minister in that notice as being individuals who may not receive services purchased by a regional health authority; or 10. A citizen of New Zealand (which includes any citizen of the Cook Islands, Niue, or Tokelau) if so specified from time to time by the Minister by notice in the Gazette; or a visitor to New Zealand, or an individual of a class of such citizens or visitors, from time to time specified by the Minister by notice in the Gazette; or 11. An individual recognised by the Government of the United Kingdom as a national (and the services must be 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 the United Kingdom) Act 1982); or 12. An individual who is a resident of Australia (and the services must be 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 13. A child under the age of 16 years who for the time being is under the care and control of an individual described in paragraphs 1 to 12 above; or 14. An individual receiving 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 such legislation; or 15. A prison inmate, including an individual on remand, who requires services not available through the prison health services; or 16. A person who is not ordinarily resident in New Zealand under the Accident Rehabilitation and Compensation Insurance (Ordinary Residence Definition) Regulations 1992 who has suffered personal injury to which the Accident Rehabilitation and Compensation Insurance Act 1992 applies which is a work injury or a motor vehicle injury (and the Health Services or Disability Services must be necessitated by or directly arising from that injury). Dated at Wellington this 30th day of June 1994. J. M. SHIPLEY, Minister of Health.2