1: Title
1: This Act is the Health and Disability Commissioner Amendment Act 2003.
2: In this Act, the Health and Disability Commissioner Act 1994 the principal Act
2: Commencement
This Act comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.
3: Interpretation
1: Section 2(1) Deputy Commissioner the a
2: Section 2(1) disciplinary proceedings any health registration enactment any former health registration enactment or the Health Practitioners Competence Assurance Act 2003
3: Section 2(1) health professional body health registration enactment registered health professional
4: Section 2(1) appropriate authority section 178(1) of the Health Practitioners Competence Assurance Act 2003 authority section 5 of the Health Practitioners Competence Assurance Act 2003 former health registration enactment Schedule 1 health practitioner
a: has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003
b: includes—
i: a former health practitioner within the meaning of that section; and
ii: a person who was conditionally or unconditionally registered, or has held a certificate of registration, under a former health registration enactment; and
iii: a person who is receiving training or gaining experience under the supervision of a health practitioner .
4: Definition of health care provider
Section 3 paragraph (h)
h: any health practitioner: .
5: Section 4 The principal Act is amended by repealing section 4
6: New
section 9 The principal Act is amended by repealing section 9
9: Deputy Commissioners
1: There may be appointed 1 or more Deputy Health and Disability Commissioners.
2: A Deputy Commissioner is appointed in the same manner as the Commissioner, except that the Minister must, before recommending a person for appointment as Deputy Commissioner, consult with the Commissioner.
3: Sections 10 to 13
4: A Deputy Commissioner has and may exercise or perform any of the powers, duties, and functions of the Commissioner that the Commissioner may delegate to that Deputy Commissioner either generally or in any particular case.
5: A delegation under subsection (4)
6: In the case of absence from duty of the Commissioner (from any cause) or on the occurrence of a vacancy in the office of Commissioner (whether because of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers, duties, and functions of the Commissioner may be exercised and performed by—
a: a Deputy Commissioner who has, before the occurrence of the absence or vacancy, been nominated for the purpose by the Commissioner by a written notice that is in effect at the time of the absence or vacancy; or
b: if there is no such notice at that time, by the Deputy Commissioner longest in that office.
7: The fact that a Deputy Commissioner exercises any power, duty, or function under this section is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so.
7: Functions of Commissioner
1: Section 14(1)(c) disability services providers, and purchasers, and disability services providers
2: Section 14(1) paragraph (d)
da: to act as the initial recipient of complaints about health care providers and disability services providers, and to ensure that each complaint is appropriately dealt with: .
3: Section 14(1)(e) or, in the case of conduct that occurred before the enactment of the Code, in breach of certain disciplinary standards
4: Section 14(1)(g) of the Code
8: Functions of advocates
Section 30(i)(i) a health professional body an authority
9: New
Part 4 sections 31 to 45 The principal Act is amended by repealing the Part 4 sections 31 35 41 31 to 45
4: Complaints and investigations
Receipt of complaints
31: General right to make complaints
1: Any person may complain orally or in writing to an advocate or to the Commissioner alleging that any action of a health care provider or a disability services provider is or appears to be in breach of the Code.
2: Any person may complain orally or in writing to an advocate or to the Commissioner about any action of a health practitioner that was taken at any time before 1 July 1996, if it is alleged or it appears that the action—
a: affected a health consumer; and
b: was, at the time that it was taken, a ground for bringing disciplinary proceedings against the health practitioner under a former health registration enactment; but
c: was not referred to the body that, under that enactment, had jurisdiction to consider it.
3: If a complaint is made under this section to an advocate and the advocate is unable to resolve the complaint, the advocate must—
a: refer the complaint to the Commissioner; and
b: inform the parties concerned of that referral and the reasons for it.
32: Complaints referred to Commissioner
For the purposes of this Part, a complaint that is referred to the Commissioner under section 31(3) of this Act section 64(1) of the Health Practitioners Competence Assurance Act 2003
33: Preliminary assessment
1: As soon as reasonably practicable after receiving a complaint, the Commissioner must make a preliminary assessment of the complaint to decide—
a: whether to take 1 or more of the following courses of action:
i: to refer the complaint to an agency or person in accordance with section 34 or section 36
ii: to refer the complaint to an advocate:
iii: to call a conference, under section 61
iv: to investigate the complaint himself or herself; or
b: whether to take no action on the complaint.
2: The Commissioner must promptly notify the complainant and the health care provider or the disability services provider to whom the complaint relates of the Commissioner's preliminary assessment.
3: This section does not preclude the Commissioner from revising a preliminary assessment and from subsequently exercising 1 or more of his or her other powers in relation to the complaint concerned.
4: If the Commissioner revises a preliminary assessment, the Commissioner must promptly notify the following persons and agencies of the revised assessment:
a: the complainant:
b: the health care provider or the disability services provider to whom the complaint relates:
c: any agency or any person to whom the complaint has, in accordance with section 34 or section 36
d: any advocate to whom the complaint has been referred. Referral of complaints to agencies, persons, statutory officers, or advocates
34: Referral of complaint to agencies or persons involved in health or disability sector
1: At any time after completing a preliminary assessment of a complaint, the Commissioner may refer the complaint, in whole or in part,—
a: to the appropriate authority if it appears from the complaint that the competence of a health practitioner or his or her fitness to practise or the appropriateness of his or her conduct may be in doubt; or
b: to the Accident Compensation Corporation if it appears from the complaint that the aggrieved person may be entitled to cover under the Injury Prevention, Rehabilitation, and Compensation Act 2001
c: to the Director-General of Health if it appears from the complaint that failures or inadequacies in the systems or practices of the health care provider or the disability services provider concerned may harm the health or safety of members of the public; or
d: to the health care provider or the disability services provider to whom a complaint relates if the complaint does not raise questions about the health or safety of members of the public and can, in the Commissioner's opinion, be appropriately resolved by the provider.
2: At any time before or after referring a complaint, in whole or in part, to an agency or person mentioned in subsection (1)
3: After referring a complaint, in whole or in part, to an agency or person mentioned in subsection (1)
4: The Commissioner may refer a complaint, in whole or in part, to more than 1 agency or person mentioned in subsection (1)
5: A reference of a complaint under subsection (1)
35: Agencies or persons to keep Commissioner informed about referred complaints
Each agency or person to whom a complaint is referred under section 34
a: promptly acknowledge receipt of the complaint; and
b: promptly advise the Commissioner of any significant step taken in its consideration or examination of the complaint; and
c: promptly advise the Commissioner of the outcome of its consideration or examination of the complaint.
36: Referrals of complaints to certain statutory officers
1: If, at any time after completing a preliminary assessment of a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the scope of the functions of one of the statutory officers specified in subsection (4)
2: As soon as reasonably practicable after consulting with the officer concerned, the Commissioner must determine whether the complaint should be dealt with, in whole or in part, under this Act.
3: If the Commissioner determines that the complaint should be dealt with, in whole or in part, by one of the officers specified in subsection (4)
a: refer the complaint or, as the case requires, the appropriate part of the complaint to that officer; and
b: notify the complainant and the health care provider or the disability services provider to whom the complaint relates of the action that has been taken.
4: The statutory officers referred to in subsection (1)
a: the Chief Commissioner under the Human Rights Act 1993
b: the Chief Ombudsman:
c: the Privacy Commissioner.
37: Commissioner may refer complaint to advocate
1: At any time after completing a preliminary assessment of a complaint (whether or not the Commissioner is investigating, or continuing to investigate, the complaint himself or herself), the Commissioner may refer the complaint to an advocate for the purpose of resolving the matter by agreement between the parties concerned.
2: On a referral of a complaint, under subsection (1)
a: use his or her best endeavours to resolve the complaint by agreement between the parties concerned; and
b: report the results of those endeavours to the Commissioner.
3: Every report made under subsection (2)(b)
a: the terms of any agreement reached between the parties concerned; and
b: if agreement is not reached on all matters, those matters on which agreement is reached and those matters on which no agreement is reached; and
c: any other matters that the advocate thinks fit.
4: A copy of every report made under subsection (2)(b) Decision to take no action
38: Commissioner may decide to take no action on complaint
1: At any time after completing a preliminary assessment of a complaint (whether or not the Commissioner is investigating, or continuing to investigate, the complaint himself or herself), the Commissioner may, at his or her discretion, decide to take no action or, as the case may require, no further action on the complaint if the Commissioner considers that, having regard to all the circumstances of the case, any action or further action is unnecessary or inappropriate.
2: The Commissioner's consideration under subsection (1)
a: the length of time that has elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made:
b: whether the subject matter of the complaint is trivial:
c: whether the complaint is frivolous or vexatious or is not made in good faith:
d: whether the person alleged to be aggrieved does not want any action taken or, as the case may be, continued:
e: whether there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the person alleged to be aggrieved to exercise.
3: Subsection (2) subsection (1)
4: In any case where the Commissioner decides to take no action, or no further action, on a complaint, the Commissioner must inform the following persons and agencies of that decision and the reasons for it:
a: the complainant:
b: the health care provider or the disability services provider to whom the complaint relates:
c: any agency or any person to whom the complaint has, in accordance with section 34 or section 36
d: any advocate to whom the complaint has been referred. Commissioner required to share certain information
39: Commissioner to inform agencies of certain risks
1: Whenever the Commissioner has reason to believe that the practice of a health practitioner may pose a risk of harm to the public, the Commissioner must promptly notify the appropriate authority of that belief and the reasons for it.
2: Whenever the Commissioner has reason to believe that failures or inadequacies in the systems or practices of a health care provider or a disability services provider are harming or are likely to harm the health or safety of members of the public, the Commissioner must promptly notify the Director-General of Health of that belief and the reasons for it.
3: If, during or after an investigation, the Commissioner is of the opinion that there is evidence of a significant breach of duty or misconduct on the part of a health care provider or disability services provider or an officer or employee or member of a health care provider or disability services provider, the Commissioner must promptly refer the matter to the appropriate person or agency. Investigations by Commissioner
40: Commissioner may investigate breaches
1: The Commissioner may decide to investigate any action of a health care provider or a disability services provider if the action is, or appears to the Commissioner to be, in breach of the Code.
2: The Commissioner may investigate any action of a health practitioner that was taken at any time before 1 July 1996, if it appears that the action affected a health consumer and was, at the time that it was taken, a ground for bringing disciplinary proceedings against the health practitioner under a former health registration enactment.
3: The Commissioner may investigate an action under this section either on complaint or on the Commissioner's own initiative.
41: Complainant and provider to be notified of investigation
1: Before proceeding to investigate a matter under this Part, the Commissioner—
a: must, by written notice, inform the complainant (if any), the health care provider or the disability services provider to whom the investigation relates, and any person alleged to be aggrieved (if not the complainant) of the Commissioner's intention to make the investigation; and
b: must, by written notice, inform the health care provider or the disability services provider to whom the investigation relates of—
i: the details of the complaint (if any) or, as the case may be, the subject matter of the investigation; and
ii: the right of that person to submit to the Commissioner, within 15 working days of the date of the notice, a written response in relation to the complaint or, as the case may be, the subject matter of the investigation.
2: The Commissioner may, at his or her discretion, extend the deadline of 15 working days set by a notice given under subsection (1)(b)
42: On notification of investigation authority not to take disciplinary action until further notice
1: In any case where, after deciding to investigate the action of a health care provider or a disability services provider, it appears to the Commissioner that the investigation directly concerns a health practitioner, the Commissioner must promptly give notice of the investigation to the appropriate authority.
2: Once the authority has received the notice, no disciplinary action under the Health Practitioners Competence Assurance Act 2003
a: the Commissioner notifies the authority—
i: that the matter is not to be investigated, or investigated further, under this Act; or
ii: that the complaint or matter has been resolved; or
iii: that the matter is not to be referred to the Director of Proceedings under section 45(2)(f)
b: the Director of Proceedings notifies the authority of his or her decision under section 49
3: This section does not prevent any action under the Health Practitioners Competence Assurance Act 2003
a: under any of sections 36 to 42, 45 to 51, or 69 of that Act
b: in bringing and completing disciplinary proceedings initiated by a charge laid by the Director of Proceedings.
43: Information about result of investigation
1: As soon as reasonably practicable after the Commissioner completes an investigation, the Commissioner must advise the persons specified in subsection (2)
a: of the results of the investigation; and
b: of any further action that the Commissioner proposes to take or that the Commissioner proposes to take no further action.
2: The persons referred to in subsection (1)
a: any complainant whose complaint led to the investigation:
b: any person alleged to be aggrieved (if not the complainant):
c: the health care provider or the disability services provider whose action was the subject of the investigation:
d: if the investigation directly concerns a health practitioner, the appropriate authority.
44: Consultation required before matter referred to Director of Proceedings
1: The Commissioner may not, under section 45(2)(f)
2: The Commissioner must have regard to any relevant factors of the kind specified in subsection (3) section 45(2)(f)
3: The kinds of factors referred to in subsection (2)
a: the wishes of the complainant (if any) and the aggrieved person (if not the complainant) in relation to the matter; and
b: any comments made under subsection (1)
c: the need to ensure that appropriate proceedings are instituted in any case where the public interest (whether for reasons of public health or public safety or for any other reason) so requires.
45: Procedure after investigation
1: This section applies if, after making an investigation under this Part, the Commissioner is of the opinion that any action that was the subject matter of the investigation—
a: was in breach of the Code; or
b: in the case of an action of a health practitioner that was taken at a time before 1 July 1996, affected a health consumer and was, at the time that it was taken, a ground for bringing disciplinary proceedings against the health practitioner under a former health registration enactment.
2: If this section applies, the Commissioner may do all or any of the following:
a: report the Commissioner's opinion, with reasons, to any health care provider or disability services provider whose action was the subject matter of the investigation, and may make any recommendations as the Commissioner thinks fit:
b: report the Commissioner's opinion, with reasons, together with any recommendations that the Commissioner thinks fit, to all or any of the following:
i: any authority or professional body:
ii: the Accident Compensation Corporation:
iii: any other person that the Commissioner considers appropriate:
c: make any report to the Minister that the Commissioner thinks fit:
d: make a complaint to any authority in respect of any person:
e: if any person wishes to make such a complaint, assist that person to do so:
f: refer 1 or more health care providers or disability services providers to the Director of Proceedings for the purpose of deciding whether any 1 or more of the following actions should be taken in relation to those providers:
i: any of the actions contemplated by section 47
ii: the institution of proceedings under section 50
iii: the institution of disciplinary proceedings.
3: On referring 1 or more health care providers or disability services providers to the Director of Proceedings under subsection (2)(f) section 44(3)
4: Subsection (2)(f)(ii) subsection (1)(b)
10: Implementation of recommendations of Commissioner
Section 46(1) section 45(a) section 45(2)(a)
11: Director of Proceedings' right to participate in disciplinary and other proceedings
Section 47(1)
a: by omitting from paragraph (a) health professional body authority or tribunal
b: by omitting from paragraph (b)(i) (ii) a health professional body an authority or a tribunal
12: Section 48 Section 48
13: Functions of Director of Proceedings
1: Section 49(1) paragraph (a) section 45(f) section 45(2)(f)
2: Section 49 subsections (2) (3)
14: Proceedings before Human Rights Review Tribunal
Section 50(2) 49(2) 44(1)
15: Aggrieved person may bring proceedings before Tribunal
Section 51 paragraphs (a) (b)
a: the Commissioner, having found a breach of the Code on the part of the person to whom that section applies, has not referred the person to the Director of Proceedings under section 45(2)(f)
b: the Director of Proceedings declines or fails to take proceedings.
16: Powers of Human Rights Review Tribunal
Section 54(5) registered health professional health practitioner
17: Mediation conference
Section 61(1) of an investigation by of a complaint made to, or an investigation by,
18: Further provisions relating to delegations
Section 69 section 68 subsections (1) (3) (4) (6) section 9
19: Revocation of delegations
Section 71(1) section 68 section 9
20: Schedule 1 The heading to Schedule 1 HEALTH FORMER
21: Schedule 2
1: Clause 3 subclause (5)
5: There must be paid to each Deputy Commissioner—
a: a salary at a rate agreed between the Minister and the Deputy Commissioner; and
b: any allowances agreed between the Minister and the Deputy Commissioner.
2: Clause 4
5: For the purposes of this clause, Commissioner
3: Clause 5 the Deputy Commissioner a Deputy Commissioner
22: Transitional provisions
1: The provisions of Part 4 section 31 33 Part 4
2: All investigations under the principal Act that have been commenced before the commencement of this Act and that have not been completed before that commencement are to be continued and completed as if this Act had not been enacted.


Medicines Amendment Act 2003

1: Title
1: This Act is the Medicines Amendment Act 2003.
2: In this Act, the Medicines Act 1981 the principal Act
2: Commencement
This Act comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.
3: Interpretation
1: Section 2(1) approved laboratory authorised prescriber
2: Section 2(1) disease dispensing
a: the preparation of that medicine for sale to the public (whether in response to the issue of a prescription or a request by an individual to be supplied with the medicine); and
b: the packaging, labelling, recording, and delivery of that medicine.
3: Section 2(1) dentist licensing authority medical practitioner optician pharmacist pharmacy registered health professional registered midwife dentist Health Practitioners Competence Assurance Act 2003 licensing authority
a: means the Director-General; and
b: to avoid doubt, includes any person or persons acting as the Director-General's delegate as a consequence of a delegation under section 41 of the State Sector Act 1988 medical practitioner Health Practitioners Competence Assurance Act 2003 pharmacist Health Practitioners Competence Assurance Act 2003 pharmacy registered health professional Health Practitioners Competence Assurance Act 2003 registered midwife Health Practitioners Competence Assurance Act 2003
4: Section 2(1) pharmacy pharmacy practice
a: the compounding and dispensing of prescription medicines, restricted medicines, or pharmacy-only medicines:
b: the supply of a medicine by a pharmacist to suit the needs of a particular person:
c: the sale of prescription medicines, restricted medicines, or pharmacy-only medicines.
4: New
sections 5A 5B The principal Act is amended by inserting, after section 5
5A: Meaning of holding an interest in a pharmacy
1: For the purposes of this Act, a person holds an interest in a pharmacy if the person has, or acquires, any direct or indirect estate or interest in the pharmacy (whether by way of shares in a company or by way of charge, loan, guarantee, indemnity, or otherwise) that affects the ownership, management, or control of the pharmacy practice carried on in the pharmacy.
2: For the purposes of subsection (1)
3: Despite subsections (1) and (2)
a: a person does not hold an interest in a pharmacy merely by—
i: making, in good faith and in the ordinary course of business to facilitate the carrying on of the pharmacy, any loan of money; or
ii: holding any security for repayment of that loan:
b: a person does not hold an interest in a pharmacy that is being carried on by an administrator of the estate of a deceased pharmacist, or by an administrator of the estate of a deceased operator of a pharmacy, merely by holding an interest in that estate.
4: Despite subsection (3)
5B: Meaning of operating a pharmacy
For the purposes of this Act, a person operates a pharmacy if the person—
a: establishes, or carries on business in, a pharmacy; or
b: establishes, owns, or is responsible for the management or control of a hospital in which there is a pharmacy; or
c: establishes, or is responsible for the management or control of a pharmacy carried on, on a not for profit basis. 1970 No 143 s 2(2)-(4)
5: Manufacturers, wholesalers, and packers of medicines to be licensed
1: The heading to section 17 and packers of medicines packers of medicines, and operators of pharmacies
2: Section 17(1) paragraph (c)
c: pack or label any medicine; or
d: operate any pharmacy,—
3: Section 17 subsection (2)
2: Every person who contravenes subsection (1)
6: Sale of medicines by retail
1: Section 18(1) paragraphs (a) (aa) (b)
a: any prescription medicine unless—
i: the medicine is sold, supplied, or distributed by a pharmacist in a pharmacy or hospital; or
ii: the medicine is supplied in accordance with a standing order by a person who is authorised to supply and administer any specified class or description of prescription medicine under that standing order; or
b: any restricted medicine unless the medicine is sold, supplied, or distributed by a pharmacist in a pharmacy or hospital; or
c: any pharmacy-only medicine unless the medicine is sold, supplied, or distributed by—
i: a person under the supervision of a pharmacist in a pharmacy or a hospital; or
ii: a person who sells, supplies, or distributes the medicine in any shop described in section 51(2) Part 3
2: Section 18(5) $1,000 $40,000
7: Administering prescription medicines
Section 19 subsection (4)
8: Exemptions for practitioners and others
Section 25 subsection (4)
9: Exemptions for veterinarians and opticians
1: The heading to section 27 opticians certain registered health practitioners
2: Section 27 paragraph (b)
b: any person registered with the Optometrists and Dispensing Opticians Board continued under section 114(1) of the Health Practitioners Competence Assurance Act 2003
i: sell or supply a medicine for use in cleaning, soaking, or lubricating contact lenses if the medicine is suitable for that purpose; and
ii: pack or label the medicine for the purposes of any sale or supply:
3: Section 27 paragraph (c)(ii)
ii: to any person referred to in paragraph (b) subparagraph (i) and (ii) of that paragraph
10: Exemptions for agents and employees
Section 31
4: Subsection (3)(a) section 26
11: New heading and
sections 42A to 42C The principal Act is amended by inserting, after section 42 Restrictions on operation of pharmacies
42A: Every pharmacy must be under supervision of pharmacist
No person may operate any pharmacy that is not for the time being under the immediate supervision and control of a pharmacist.
42B: Security of pharmacies
1: Every person who operates a pharmacy must ensure that every prescription medicine or restricted medicine in the pharmacy is at all times secured in a way that prevents the public gaining ready access to the medicine.
2: Every person who operates a pharmacy must ensure that all medicines held in storage for the purposes of the pharmacy are secured in a way that prevents the public gaining access to the medicines.
3: Subsections (1) and (2)
4: The requirements imposed by subsections (1) and (2) section 47
42C: Restriction on authorised prescribers holding interest in pharmacies
1: No authorised prescriber may hold an interest in a pharmacy other than a pharmacy for which the person holds a licence to operate, except with the consent of the licensing authority and in accordance with any conditions or restrictions imposed by that authority.
2: No person who has an interest in a pharmacy may permit or enable any authorised prescriber to hold or acquire that or any other interest in the pharmacy contrary to subsection (1)
3: The licensing authority may not give its consent under subsection (1) 1970 No 143 s 41
12: Powers of Minister to prohibit prescribing, etc
1: Section 48(2)(c) Council of the Pharmaceutical Society of New Zealand Pharmacy Council
2: Section 48(2)(d) on the recommendation of the Midwifery Council or
3: Section 48(2)(f) Council or Board authority under the Health Practitioners Competence Assurance Act 2003
13: Applications for licences
1: Section 50 subsection (1)
1: Every application for a licence must be made in the prescribed form to the Director-General or to any person designated for the purpose by the Director-General by notice in the Gazette
2: Section 50 subsections (4) (5)
4: An application may be made either by an individual who is a New Zealand resident on the person's own behalf or by an appropriate officer of a body corporate that is incorporated in New Zealand on behalf of that body corporate.
5: If a person authorised to receive an application under subsection (1)
14: Grant of licences
1: Section 51(1) section 52 of this Act sections 52, 55A, and 55B
2: Section 51(1)(f) or, in the case of an application for a licence to operate a pharmacy, in respect of medicines that are manufactured, stored, packed, labelled, or sold on the premises or in any other place for which the licence to operate is sought
3: Section 51(2) in respect of which a licence to operate has been, or is deemed to have been, issued
4: Section 51 subsection (6)
6A: If the licensing authority is satisfied that the holder of a licence to operate a pharmacy has failed to comply with any conditions affecting the licence, the licensing authority may, instead of or as well as exercising the powers conferred by subsection (6)
a: impose on the holder of the licence a penalty not exceeding $40,000:
b: forbid the licence holder or any person with an interest in the pharmacy from holding any interest in or operating a pharmacy for a period, not exceeding 5 years, specified by the licensing authority.
6B: A penalty imposed under subsection (6A)
5: Section 51(7) cancels a licence under this section or under section 55A
15: Effect of licences
1: Section 52(1)
e: a licence to operate a pharmacy authorises the establishment of the pharmacy and the carrying on of pharmacy practice in the pharmacy.
2: Section 52(3) (including, without limitation, any conditions that restrict or prohibit the licence holder from undertaking any specified activity or using any specified process)
16: Duration of licence
Section 53 subsection (1)
1: Subject to subsections (2) and (3) section 55G section 55A(3) or section 83
17: New
sections 55A to 55G The principal Act is amended by inserting, after section 55
55A: Additional criteria to be satisfied by pharmacy operators
1: The licensing authority must not grant an application for a licence to operate a pharmacy unless the authority is satisfied that, in addition to satisfying the criteria set out in section 51(1)
a: the applicant is a person who is qualified under any of sections 55D, 55E, or 55G
b: the applicant is a person who is able to satisfy the condition set out in section 55C
2: If the licensing authority has reasonable grounds to believe that the holder of a licence to operate a pharmacy has ceased to be a person who satisfies each of the criteria set out in subsection (1)
3: If, after giving the holder of a licence to operate a pharmacy whose licence is suspended under subsection (2) subsection (1)
4: If, after giving the holder of a licence to operate a pharmacy whose licence is suspended under subsection (2) subsection (1)
55B: Licensing authority may require further information
1: The licensing authority, may for one or more of the purposes set out in subsection (2)
2: The purposes referred to in subsection (1)
a: the determination of the nature of the interest held by any person in the pharmacy:
b: the assessment required by section 51(1)(b)
c: the assessment required by section 55A(1)
3: If the applicant fails to supply the information requested within 30 days of the date of the request, or within any further time allowed by the licensing authority, the application lapses.
55C: Mandatory condition of licence to operate pharmacy.
It is a condition of every licence to operate a pharmacy that the holder of the licence must not request or require any pharmacist who is employed or engaged in duties at a pharmacy to act in a way that is inconsistent with the applicable professional or ethical standards of pharmacy practice. Restrictions on persons allowed to operate pharmacies
55D: Restriction on companies operating pharmacies
1: No company may be granted a licence to operate a pharmacy unless any of paragraphs (a) to (e) of subsection
2: A company may be granted a licence to operate a pharmacy if—
a: at all times more than 50% of the share capital of the company is owned by a pharmacist or pharmacists, and effective control of the company is vested in that pharmacist or those pharmacists; or
b: it is exempt from the requirements set out in paragraph (a) section 105C
c: it is deemed to have been issued with a licence under section 114A(2)
d: the pharmacy is in a hospital owned or operated by the company; or
e: it is a company that, at the commencement of this section, was lawfully operating a pharmacy.
3: Subsection (2)(e)
4: For the purposes of subsection (2) Insolvency Act 1967
a: the expiry of the period of 1 year after the date of the death of the deceased pharmacist, or the date on which the pharmacist was adjudicated bankrupt, has expired; or
b: subject to any conditions that the licensing authority proposes, the expiry of any extended period or periods permitted by the licensing authority. 1970 No 143 s 42
55E: Restriction on individuals operating or holding majority interest in pharmacies
1: No person, either alone or in partnership, may be granted a licence to operate a pharmacy, or hold a majority interest, in a pharmacy unless
a: the person is a pharmacist; or
b: the person is exempt from the requirements set out in paragraph (a) section 105C
c: the person is deemed to have been issued with a licence under section 114A(2)
d: the pharmacy is in a hospital owned or operated by the person; or
e: the person, at the commencement of this section, was lawfully operating a pharmacy.
2: For the purposes of subsection (1)
3: For the purposes of subsection (1) person pharmacist
a: an administrator of the estate of a deceased pharmacist:
b: an assignee, within the meaning of the Insolvency Act 1967
c: a liquidator carrying on a pharmacy under the authority of section 260 and Schedule 6 of the Companies Act 1993
d: a receiver or manager of the property of a company carrying on, subject to the Receiverships Act 1993
4: Subsection (3)
a: the expiry of 1 year after the date of the death of the deceased pharmacist, or the date on which the pharmacist was adjudicated bankrupt, or the date of the first appointment of a liquidator, receiver, or manager, in respect of a company that has carried on a pharmacy; or
b: subject to any conditions that the licensing authority imposes, the expiry of any extended period or periods permitted by the licensing authority.
5: In this section and in section 55F 1970 No 143 s 43
55F: Prohibition on operating or holding of majority interest in more than 5 pharmacies
1: Despite sections 55D and 55E subsection (2) or subsection (3)
a: no company may operate more than 5 pharmacies:
b: no person referred to in section 55E(3)
2: Subsection (1) section 55E(3) section 55E(4)
3: Subsection (1)
4: Subsection (3) sections 55D and 55E 1970 No 143 s 45
55G: Exemption for mortgagees in possession
1: Despite sections 55D and 55E
2: In this section, mortgagee in possession has the same meaning as in section 2 of the Property Law Act 1952 1970 No 143 s 47
18: New
section 76A The principal Act is amended by inserting, after section 76
76A: Offences in relation to authorised prescribers
Every pharmacist, person licensed to operate a pharmacy, or operator or manager of a pharmacy commits an offence against this Act who gives, offers, or agrees to give to any authorised prescriber or to any other person any money or other consideration as a commission on prescriptions. 1970 No 143 s 49(1)(a)
19: Regulations relating to practitioners, veterinarians, and registered midwives
Section 105A(2)(a) Council or Board authority under the Health Practitioners Competence Assurance Act 2003
20: Regulations relating to designated prescribers
Section 105B(2) Council or Board authority under the Health Practitioners Competence Assurance Act 2003
21: New
section 105C The principal Act is amended by inserting, after section 105B
105C: Orders in Council providing for exemption from, or modifications of, restrictions on pharmacy ownership and operation
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: exempt any person or class of person from any of the requirements of section 55D(2)(a) or section 55E(1)(a)
b: modify the application of the provisions of section 55D(2)(a) or section 55E(1)(a)
2: The Minister must not recommend the making of any Order in Council under subsection (1)
a: health services or access to those services will be improved by the making of that Order in Council; and
b: the making of that Order in Council is necessary to meet the needs of the community in the particular location of the pharmacy or proposed pharmacy.
3: The Minister's reasons for making the recommendation must be included in, or appended to, the Order in Council.
22: New
sections 114A 114B The principal Act is amended by inserting, after section 114
114A: Certain persons deemed to have licence to operate pharmacy
1: Every person who, immediately before the commencement of this section, was entitled under the Pharmacy Act 1970 section 51
a: any conditions relating to the establishment or carrying on of business in that pharmacy imposed by the pharmacy authority and in force immediately before the commencement of this section; and
b: the condition set out in section 55C
2: Every person who, immediately before the commencement of this section, owned or was responsible for the management of a hospital or other place in which pharmacy practice was undertaken in reliance on any authority conferred by this Act or any other enactment or regulations is deemed, on the commencement of this section, to have been issued with a licence to operate the pharmacy, subject to the condition set out in section 55C
3: The licensing authority must, as soon as is reasonably practicable after the commencement of this section, send to every person to whom a licence is deemed to have been issued under subsection (1) or subsection (2)
a: the conditions referred to in subsection (1)(a) and (b) subsection (2)
b: notice of the revocation or variation of any of those conditions under subsection (4)(a)
c: any conditions imposed by the licensing authority under subsection (4)(b)
4: Despite subsections (1) to (3) subsection (1) or subsection (2)
a: vary or revoke any condition referred to in subsection (1)(a)
b: impose any other condition that it considers appropriate.
114B: Expiry of
section 114A Section 114A