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Medical Practitioners Act 1995

THIRD SCHEDULE: Enactments Amended




                             THIRD SCHEDULE
 Section 143 (1)

                           Enactments Amended



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        Enactment         |                  Amendment




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 1908, No. 56---The       | By repealing paragraph (a) of section 23G (1)
   Evidence Act 1908      |   (as inserted by section 3 of the Evidence
   (R.S. Vol. 28, p. 451) |   Amendment Act 1989), and substituting the
                          |   following paragraph:


                          |     ``(a) A medical practitioner holding
                          |           vocational registration in the
                          |           speciality of psychiatry,
                          |           practising or having practised in
                          |           the field of child psychiatry and
                          |           with experience in the professional
                          |           treatment of sexually abused
                          |           children; or''.


 1956, No. 27---The       | By repealing subsection (2) of section 7A (as
   Health Act 1956 (R.S.  |   inserted by section 4 of the Health
   Vol. 31, p. 467)       |   Amendment Act 1993), and substituting the
                          |   following subsection:


                          |     ``(2) Each such person designated as a
                          |   Medical Officer of Health shall be a
                          |   medical practitioner suitably qualified and
                          |   experienced in public health medicine.''


                          | By repealing section 22 (as substituted by
                          |   section 10 (1) of the Health Amendment Act
                          |   1987, and amended by section 9 of the
                          |   Health Amendment Act 1993), and
                          |   substituting the following section:


                          |     ``22. Certain officers to have functions
                          |   of medical officers of health---(1) Every
                          |   person who holds the office of
                          |   Director-General of Health shall, if that
                          |   person is a medical practitioner suitably
                          |   experienced and qualified in public health
                          |   medicine, have all the functions of a
                          |   Medical Officer of Health, and may exercise
                          |   those functions in any part of New Zealand.
                          |


                          |     ``(2) Every person who holds the office
                          |   of Director-General of Health and is not a
                          |   medical practitioner suitably experienced
                          |   and qualified in public health medicine
                          |   shall designate a medical practitioner or
                          |   medical practitioners who is or are
                          |   employed in the Ministry and who is or are
                          |   suitably experienced and qualified in
                          |   public health medicine to exercise the
                          |   functions of a Medical Officer of Health in
                          |   any part of New Zealand.''


 1957, No. 87---The       | By omitting from Part II of the First
   Summary Proceedings    |   Schedule the item relating to section 35 of
   Act 1957 (R.S. Vol. 9, |   the Medical Practitioners Act 1968.

   p. 583)                |

 1962, No. 135---The      | By repealing the definition of the term
   Transport Act 1962     |   ``registered medical practitioner'' in
   (R.S. Vol. 16, p. 659) |   section 57A (1) (as substituted by section
                          |   7 of the Transport Amendment Act (No. 2)
                          |   1988), and substituting the following
                          |   definition:


                          |     `` `Registered medical practitioner'
                          |         means a person registered as a
                          |         medical practitioner under the
                          |         Medical Practitioners Act 1995:''.


 1964, No. 19---The Human | By repealing the definition of the term
   Tissue Act 1964 (R.S.  |   ``medical practitioner'' in section 2 (as
   Vol. 16, p. 169)       |   substituted by section 2 of the Human
                          |   Tissue Amendment Act 1968), and
                          |   substituting the following definition:


                          |     `` `Medical practitioner' means a person
                          |         registered as a medical practitioner
                          |         under the Medical Practitioners Act
                          |         1995:''.


                          | By repealing section 4A (as inserted by
                          |   section 3 of the Human Tissue Amendment Act
                          |   1968), and substituting the following
                          |   section:


                          |     ``4A. Restrictions on persons holding
                          |   probationary registration---For the
                          |   purposes of sections 3 and 4 of this Act,
                          |   but for no other purpose of this Act, a
                          |   person who holds probationary registration
                          |   under the Medical Practitioners Act 1995
                          |   shall be subject to the restrictions
                          |   imposed by section 15 of the last-mentioned
                          |   Act.''


 1966, No. 42---The       | By repealing paragraph (d) of section 39 (1),
   Medical Auxiliaries    |   and substituting the following paragraph:
   Act 1966 (R.S. Vol.    |      ``(d) The Medical Practitioners Act
   17, p. 331)            |           1995; or''.


 1975, No. 116---The      | By repealing the definition of the term
   Misuse of Drugs Act    |   ``medical practitioner'' in section 2, and
   1975 (R.S. Vol. 26, p. |   substituting the following definition:

   567)                   |

                          |     `` `Medical practitioner' means a person
                          |         registered as a medical practitioner
                          |         under the Medical Practitioners Act
                          |         1995:''.


 1976, No. 61---The       | By repealing paragraph (d) of section 3 (2),
   Optometrists and       |   and substituting the following paragraph:
   Dispensing Opticians   |     ``(d) Two medical practitioners who hold
   Act 1976 (R.S. Vol.    |           vocational registration in the
   27, p. 711)            |           specialty of ophthalmology, to be
                          |           appointed on the nomination of the
                          |           New Zealand Medical Association:''.
                          |


 1977, No. 53---The       | By repealing the definition of the term
   Nurses Act 1977 (R.S.  |   ``medical practitioner'' in section 2 (1),
   Vol. 33, p. 353)       |   and substituting the following definition:


                          |     `` `Medical practitioner' means a person
                          |         registered as a medical practitioner
                          |         under the Medical Practitioners Act
                          |         1995:''.


 1977, No. 112---The      | By repealing the definition of the term
   Contraception,         |   ``practising obstetrician or
   Sterilisation, and     |   gynaecologist'' in section 2, and
   Abortion Act 1977      |   substituting the following definition:

   (R.S. Vol. 28, p. 1)   |

                          |     `` `Practising obstetrician or
                          |         gynaecologist' means a registered
                          |         medical practitioner who---


                          |           ``(a) Holds vocational registration
                          |         in the speciality of obstetrics or
                          |         gynaecology, or obstetrics and
                          |         gynaecology; or


                          |           ``(b) In the opinion of the
                          |         Supervisory Committee, is experienced
                          |         in one or both of those branches of
                          |         medicine:''.


                          | By repealing subsection (3) of section 5, and
                          |   substituting the following subsection:


                          |     ``(3) Without limiting section 109 of the
                          |   Medical Practitioners Act 1995, every
                          |   registered medical practitioner who fails
                          |   to comply with subsection (1) or subsection
                          |   (2) of this section is guilty of
                          |   professional misconduct, and shall be dealt
                          |   with under section 110 of that Act
                          |   accordingly.''


                          | By repealing subsection (4) of section 46,
                          |   and substituting the following subsection:


                          |     ``(4) Nothing in this section limits or
                          |   affects the provisions of section 5 of this
                          |   Act or section 11 of the Medical
                          |   Practitioners Act 1995.''


 1978, No. 103---The      | By repealing clauses 2 to 4 of the Second
   Securities Act 1978    |   Schedule, and substituting the following
   (R.S. Vol. 15, p. 533) |   clause:

                          |

                          |     ``2. Registration (including interim or
                          |   temporary registration) as a medical
                          |   practitioner under the Medical
                          |   Practitioners Act 1995.''


 1981, No. 118---The      | By repealing the definition of the term
   Medicines Act 1981     |   ``medical practitioner'' in section 2 (1),
                          |   and substituting the following definition:


                          |     `` `Medical practitioner' means a person
                          |         who is registered as a medical
                          |         practitioner under the Medical
                          |         Practitioners Act 1995:''.


 1988, No. 4---The        | By repealing subparagraph (i) of section 32
   Protection of Personal |   (2) (c) (as amended by section 2 of the
   and Property Rights    |   Protection of Personal and Property Rights
   Act 1988               |   Amendment Act 1994), and substituting the
                          |   following subparagraph:


                          |             ``(i) Certificates from 2
                          |           registered medical practitioners
                          |           (at least 1 of whom shall be a
                          |           medical practitioner who holds
                          |           vocational registration and who is
                          |           independent of the applicant or a
                          |           relative of the applicant) as to
                          |           the extent of the applicant's lack
                          |           of competence to manage his or her
                          |           own affairs in relation to his or
                          |           her property; and''.


                          | By repealing paragraph (c) of section 33 (3)
                          |   (as amended by section 3 of the Protection
                          |   of Personal and Property Rights Amendment
                          |   Act 1994), and substituting the following
                          |   paragraph:


                          |     ``(c) Be accompanied by certificates from
                          |           2 registered medical practitioners
                          |           (at least 1 of whom shall be a
                          |           medical practitioner who holds
                          |           vocational registration and who is
                          |           independent of the applicant and
                          |           the person in respect of whom the
                          |           application is made) as to whether
                          |           or not that person---


                          |             ``(i) Lacks the competence to
                          |           manage his or her own affairs in
                          |           relation to his or her property,
                          |           and, if so, to what extent; and


                          |             ``(ii) Is able to understand the
                          |           nature, purpose, and consequences
                          |           of the application; and''.


                          | By repealing paragraph (a) of section 87 (1B)
                          |   (as substituted by section 9 (1) of the
                          |   Protection of Personal and Property Rights
                          |   Amendment Act 1994), and substituting the
                          |   following paragraph:


                          |     ``(a) A report from each of 2 registered
                          |           medical practitioners (at least 1
                          |           of whom shall be a medical
                          |           practitioner who holds vocational
                          |           registration and who is independent
                          |           of the applicant or any relative of
                          |           the applicant) as to the extent to
                          |           which the person subject to the
                          |           order has the competence or lacks
                          |           the competence to manage his or her
                          |           own affairs in relation to his or
                          |           her property; and''.


                          | By repealing paragraph (a) of section 87 (1F)
                          |   (as so substituted), and substituting the
                          |   following paragraph:


                          |     ``(a) A report from each of 2 registered
                          |           medical practitioners (at least 1
                          |           of whom shall be a medical
                          |           practitioner who holds vocational
                          |           registration and who is independent
                          |           of the applicant or any relative of
                          |           the applicant) as to the extent to
                          |           which the person subject to the
                          |           order has the competence to manage
                          |           his or her own affairs in relation
                          |           to his or her property; and''.


 1988, No. 150---The      | By repealing the definition of the term
   Dental Act 1988        |   ``medical practitioner'' in section 2, and
                          |   substituting the following definition:


                          |     `` `Medical practitioner' means a medical
                          |         practitioner registered under the
                          |         Medical Practitioners Act 1995:''.


                          | By omitting from section 33 (1) the
                          |   expression ``Medical Practitioners Act
                          |   1968'', and substituting the expression
                          |   ``Medical Practitioners Act 1995''.


 1989, No. 24---The       | By repealing subsection (2) of section 179,
   Children, Young        |   and substituting the following subsection:
   Persons, and Their     |     ``(2) Every psychiatric examination
   Families Act 1989      |   carried out under subsection (1) or
                          |   subsection (2) of section 178 of this Act
                          |   shall be carried out by a registered
                          |   medical practitioner holding a specialist
                          |   psychiatric appointment or holding
                          |   vocational registration in the speciality
                          |   of psychological medicine or psychiatry.''


                          | By repealing paragraph (a) of section 179 (3)
                          |   (as substituted by section 27 of the
                          |   Children, Young Persons, and Their Families
                          |   Amendment Act 1994), and substituting the
                          |   following paragraph:


                          |     ``(a) A registered medical practitioner
                          |           holding a psychiatric appointment
                          |           or holding vocational registration
                          |           in the speciality of psychological
                          |           medicine or psychiatry; or''.


                          | By repealing subsection (3) of section 181,
                          |   and substituting the following subsection:


                          |     ``(3) The examination required by an
                          |   order made under subsection (1) of this
                          |   section shall be carried out by a medical
                          |   practitioner holding a specialist
                          |   psychiatric appointment or holding
                          |   vocational registration in the speciality
                          |   of psychological medicine or psychiatry.''


 1992, No. 46---The       | By repealing the definitions of the terms
   Mental Health          |   ``medical practitioner'' and
   (Compulsory Assessment |   ``psychiatrist'' in section 2 (1), and
   and Treatment) Act     |   substituting in their appropriate
   1992                   |   alphabetical order the following
                          |   definitions:


                          |     `` `Medical practitioner' means a person
                          |         registered as a medical practitioner
                          |         under the Medical Practitioners Act
                          |         1995:


                          |     `` `Psychiatrist' means a medical
                          |         practitioner holding vocational
                          |         registration in the speciality of
                          |         psychiatry:''.


 1994, No. 88---The       | By repealing paragraph (a) of section 4 (1),
   Health and Disability  |   and substituting the following paragraph:
   Commissioner Act 1994  |     ``(a) A medical practitioner, which for
                          |           the purposes of this Act means any
                          |           person for the time being
                          |           registered under the Medical
                          |           Practitioners Act 1995, including a
                          |           person who holds probationary
                          |           registration or temporary
                          |           registration or interim
                          |           registration under that Act:''.


                          | By repealing paragraph (a) of section 38 (2),
                          |   and substituting the following paragraph:


                          |     ``(a) In the case of a medical
                          |           practitioner, the president of the
                          |           Medical Council of New Zealand:''.


                          | By adding to section 39, as subsection (4),
                          |   the following subsection:


                          |     ``(4) Nothing in this section prevents---


                          |     ``(a) The laying of a charge, under any
                          |           health registration enactment, by
                          |           the Director of Proceedings:


                          |     ``(b) The taking of any action under any
                          |           health registration enactment in
                          |           relation to such a charge.''


                          | By omitting from the First Schedule the item
                          |   relating to the Medical Practitioners Act
                          |   1968, and substituting the item ``Medical
                          |   Practitioners Act 1995''.



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