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

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Health Strategy and <strong>the</strong> Primary Health Care Strategy and <strong>the</strong> Pacific Health<br />

and Disability Action Plan (Health-Reforms-2001-Research-Team, 2003).<br />

The proposed legislation disestablished <strong>the</strong> HFA which had been <strong>the</strong> funding<br />

and purchasing arm <strong>of</strong> <strong>the</strong> public health service. Hospital Health Services<br />

(HHS) boards which administered <strong>the</strong> public hospitals before 1999 were also<br />

disestablished.<br />

In <strong>the</strong>ir place <strong>the</strong> Ministry <strong>of</strong> Health was given <strong>the</strong> key role in monitoring <strong>the</strong><br />

funding, performance, planning and reviewing <strong>the</strong> health needs assessments<br />

carried out by <strong>the</strong> 21 DHBs. The Ministry <strong>of</strong> Health continued in <strong>the</strong> role <strong>of</strong><br />

providing policy advice and ministerial services to <strong>the</strong> Minister <strong>of</strong> Health.<br />

The DHBs under <strong>the</strong> new arrangements were to have a majority <strong>of</strong> members<br />

elected by public election triennially and added to by o<strong>the</strong>r ministerial<br />

appointments. The Minister wanted to provide for a balance <strong>of</strong> experience and<br />

cultural input onto <strong>the</strong> DHB to balance <strong>the</strong> need for community participation and<br />

respect for <strong>the</strong> Crown’s partnership with Maori.<br />

The Bill made it clear that <strong>the</strong> Board members were responsible to <strong>the</strong> Minister<br />

<strong>of</strong> Health for setting <strong>the</strong> strategic direction <strong>of</strong> <strong>the</strong> DHB. They were not primarily<br />

responsible to <strong>the</strong> electorates who had elected <strong>the</strong>m. They were also<br />

specifically directed to be responsible for appointing and monitoring <strong>the</strong><br />

performance <strong>of</strong> <strong>the</strong> Chief Executive. The Boards were required to ensure <strong>the</strong><br />

DHB acted in compliance with all laws, financial accountabilities (especially to<br />

keep <strong>the</strong> DHB solvent) and <strong>the</strong> reporting requirements as a Crown Agent.<br />

Recognition <strong>of</strong> The Treaty <strong>of</strong> Waitangi<br />

Part 3 <strong>of</strong> <strong>the</strong> Bill adopted measures that recognised and respected <strong>the</strong> Treaty <strong>of</strong><br />

Waitangi. The Bill presented to parliament, declared that in order to recognise<br />

and respect <strong>the</strong> principles <strong>of</strong> <strong>the</strong> Treaty <strong>of</strong> Waitangi, Part 3 provided for<br />

mechanisms to enable Maori to contribute to decision making and to participate<br />

in <strong>the</strong> delivery <strong>of</strong> health and disability services (King, 2000a). The Preliminary<br />

Provisions <strong>of</strong> <strong>the</strong> Bill (s3[3]a) also stated that no person would be entitled to<br />

preferential access to services on <strong>the</strong> basis <strong>of</strong> race.<br />

110

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