Source: New Zealand Ministry of Health
Good law-making: 9(i)
The importance of consulting, to the extent that is reasonably practicable, the persons or representatives of the persons that the responsible agency considers will be directly and materially affected by the legislation
Inconsistency identified?
No
Summary of agency analysis
The Healthy Futures (Pae Ora) (Eligibility) Regulations 2026 (the Regulations) are largely transitioning the current 2011 settings from the Health and Disability Services Eligibility Direction 2011 into the Regulations. The minor changes relate to extending eligibility to specific services that will reduce public health risks.
The Ministry has consulted those publicly funded providers who will implement the regulations, including stakeholders for primary care and pharmacy and health entities. Private health insurance providers were also made aware of the proposed changes, so there was awareness these new regulations would not impact their policy coverage and insurance products.
Good law-making: 9(j)
The importance of carefully evaluating—
- the issue concerned; and
- the effectiveness of any relevant existing legislation and common law; and
- whether the public interest requires that the issue be addressed; and
- any options (including non-legislative options) that are reasonably available for addressing the issue; and
- who is likely to benefit, and who is likely to suffer a detriment, from the legislation
Inconsistency identified?
No
Summary of agency analysis
The Healthy Futures (Pae Ora) Act 2022 makes provision for eligibility settings to be in regulations under that Act. Regulations were assessed as the most appropriate and effective way for eligibility settings to be implemented by health entities and the sector in delivering publicly funded health services.
The Ministry of Health assessed the appropriateness of the current eligibility settings in the Health and Disability Services Eligibility Direction 2011 as part of transitioning the settings into new regulations. The Ministry assessed additional eligibility settings for services that would reduce or mitigate current public health risks. Additional eligibility options were also assessed for their impact on health system costs and capacity.
Good law-making: 9(k)
The importance of the responsible agency identifying and developing effective arrangements for implementing the legislation
Inconsistency identified?
No
Summary of agency analysis
Eligibility settings under the Health and Disability Services Eligibility Direction 2011 are already implemented by health entities and the health sector delivering publicly funded health services. The updated eligibility settings set out in the Regulations will also be implemented by health entities and the health sector delivering publicly funded health services. The implementation of the minor changes was discussed with health entities, and they have planned for them, including guidance and support to the health sector. A lead-in period for the regulations to take effect (from 1 December 2026), post public announcement of the minor changes and the Regulations, also provides the health sector time to prepare to implement them by applying the Regulations to patients.
Good law-making: 9(l)
Legislation should be expected to produce benefits that exceed the costs of the legislation to the public or persons
Inconsistency identified?
No
Summary of agency analysis
The changes are minor and were estimated to have small monetary costs for the health system that would be met within Vote Health baselines. The benefits are reduced public health risks and reduced risk of some specific infectious diseases spreading following an exposure event. The benefits, such as fewer people living in New Zealand who are unimmunised from measles, support a range of efforts to reduce public health risks from specific infectious diseases, where if there is an outbreak, it can have significant costs and capacity impacts on the health system.
Good law-making: 9(m)
Legislation should be the most effective, efficient, and proportionate response to the issue concerned that is available
Inconsistency identified?
No
Summary of agency analysis
Minor changes to the eligibility settings being made in regulations is the most efficient and effective way for them to be implemented by health entities and the sector.
Rule of Law: 9(a)(i)
The law should be clear and accessible
Inconsistency identified?
No
Summary of agency analysis
The Regulations have been drafted to be clear and accessible to the public, and the health sector providers, including health entities, that will apply the eligibility settings to the publicly funded services they deliver to patients.
Rule of Law: 9(a)(ii)
The law should not adversely affect rights and liberties, or impose obligations, retrospectively
Inconsistency identified?
No
Summary of agency analysis
There are no retrospective changes.
Rule of Law: 9(a)(iii)
Every person is equal before the law
Inconsistency identified?
No
Summary of agency analysis
The Regulations are to be implemented and applied to publicly funded health services by both health entities and private providers that are publicly funded to deliver health services.
Rule of Law: 9(a)(iv)
There should be an independent impartial judiciary
Inconsistency identified?
Not applicable
Rule of Law: 9(a)(v)
Issues of legal right and liability should be resolved by the application of law, rather than the exercise of administrative discretion
Inconsistency identified?
No
Summary of agency analysis
The Regulations set detailed rules for eligibility and therefore limit administrative discretion. The Regulations do not restrict the ability of any party to use usual public law remedies such as judicial review.
Liberties: 9(b)
Legislation should not unduly diminish a person’s liberty, personal security, freedom of choice or action, or rights to own, use, and dispose of property, except as is necessary to provide for, or protect, any such liberty, freedom, or right of another person
Inconsistency identified?
No
Summary of agency analysis
The Regulations set out those who can be publicly funded for health services, and make no restrictions related to people’s rights and liberties, including bodily autonomy. People eligible to receive publicly funded health services can choose whether to use these health services.
Taking of property: 9(c)
Legislation should not take or severely impair, or authorise the taking or severe impairment of, property without the consent of the owner unless—
- there is a good justification for the taking or severe impairment; and
- fair compensation for the taking or severe impairment is provided to the owner; and
- the compensation is provided, to the extent practicable, by or on behalf of the persons who obtain the benefit of the taking or severe impairment
Inconsistency identified?
Not applicable
Taxes, fees and levies: 9(d)
The importance of maintaining consistency with section 22(a) of the Constitution Act 1996 (Parliamentary control of taxation)
Inconsistency identified?
Not applicable
Taxes, fees and levies: 9(e)
Legislation should impose, or authorise the imposition of, a fee for goods or services only if the amount of the fee bears a proper relation to the cost of providing the good or service to which it relates
Inconsistency identified?
Not applicable
Taxes, fees and levies: 9(f)
Legislation should impose, or authorise the imposition of, a levy to fund an objective or a function only if the amount of the levy is reasonable in relation to both—
- the benefits that the class of payers is likely to derive, or the risks attributable to the class, in connection with the objective or function; and
- the costs of efficiently achieving the objective or providing the function
Inconsistency identified?
Not applicable
Role of courts: 9(g)
Legislation should preserve the courts’ constitutional role of ascertaining the meaning of legislation
Inconsistency identified?
No
Summary of agency analysis
The Regulations have no restrictions related to the courts’ constitutional role.
Role of courts: 9(h)
Legislation should make rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review
Inconsistency identified?
No
Summary of agency analysis
The Regulations specify where they apply, to the delivery of publicly funded health services, and do not limit or exclude appropriate review options.
Additional information
Relevant publicly available inquiry, review, or evaluation reports
Not applicable
Relevant international treaties, standards and obligations
Two eligibility settings in the Regulations relate to longstanding international agreements, that are also in New Zealand Legislation.
These are international reciprocal agreements for health care with:
- Australia – set out in Health Benefits (Reciprocity with Australia) Act 1999
- United Kingdom – set out in Health Benefits (Reciprocity with the United Kingdom) Act 1982.
The Regulations give effect to these reciprocal international agreements. The Ministry of Foreign Affairs and Trade were consulted on the regulations that continue the existing eligibility settings for these reciprocal international agreements.
Departures from the Legislation Guidelines
Not applicable
Other unusual provisions or features
Not applicable
Original source: https://nz.mil-osi.com/2026/09/29/healthy-futures-pae-ora-eligibility-regulations-2026/