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How does the operation of PHARMAC's 'Community Exceptional ...

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Section 1: The New Zealand Health and Disability Act 2000<br />

General Provisions <strong>of</strong> <strong>the</strong> New Health Act<br />

The purpose <strong>of</strong> examining <strong>the</strong> genesis <strong>of</strong> PHARMAC’s governing legislation<br />

was to gain insights into what <strong>the</strong> government and <strong>the</strong> public believed were <strong>the</strong><br />

reasons for <strong>the</strong> existence <strong>of</strong> PHARMAC and predictions about how <strong>the</strong><br />

government expected this health rationing agency to operate. By knowing <strong>the</strong><br />

intended purposes <strong>of</strong> PHARMAC, my research acquired a legislative framework<br />

and description <strong>of</strong> <strong>the</strong> statutory requirements <strong>of</strong> <strong>the</strong> agency. This information<br />

was contained in <strong>the</strong> recordings <strong>of</strong> <strong>the</strong> parliamentary process from both inside<br />

and outside <strong>of</strong> parliament.<br />

The aims <strong>of</strong> <strong>the</strong> New Zealand Health and Disability Bill 2000 24 (referred to as<br />

The Bill) were stated by Health Minister Annette King in Parliament speaking in<br />

<strong>the</strong> First Reading introducing <strong>the</strong> legislation. These aims were “to improve <strong>the</strong><br />

health <strong>of</strong> all New Zealanders regardless <strong>of</strong> <strong>the</strong>ir race and regardless <strong>of</strong> <strong>the</strong>ir<br />

socioeconomic circumstances”. Minister Annette King went on to say her Bill<br />

attempted to reduce <strong>the</strong><br />

“’shameful’ health disparities and inequalities between NZ population<br />

groups.”<br />

The Bill aimed to establish 21 DHBs and directed <strong>the</strong>m to take a population<br />

health focus for geographically defined populations. The Bill attempted to<br />

legislate for <strong>the</strong> development and delivery <strong>of</strong> <strong>the</strong> New Zealand Health Strategy<br />

and <strong>the</strong> New Zealand Disability Strategy. It required DHBs to report to<br />

Parliament annually on progress <strong>the</strong>y were making in implementing <strong>the</strong><br />

government’s health strategies. The Minister expected <strong>the</strong> new health law to<br />

achieve co-<strong>operation</strong> and collaboration between <strong>the</strong> agencies in <strong>the</strong> sector with<br />

<strong>the</strong> result <strong>of</strong> delivering better care and support for all New Zealanders.<br />

The Minister aimed to ensure local people could contribute to decision making<br />

about health and disability support services in <strong>the</strong>ir district. She did this by<br />

reintroducing provision for partly elected DHBs (Ministry <strong>of</strong> Health, 2000). The<br />

24 A ‘Bill’ introduced into <strong>the</strong> New Zealand Parliament is a proposal for <strong>the</strong> government to create or change a law. The<br />

Bill becomes an ‘Act’ or piece <strong>of</strong> law when <strong>the</strong> Parliament approves <strong>the</strong> Bill by majority and <strong>the</strong> Governor General gives<br />

his/her assent.<br />

108

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