4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > Advisory Committee means the Private Health Facilities Advisory Committee established under this Act. > > > > application means— > > > > > (a) an application for a licence under section 6, or > > > > > (b) an application to transfer a licence under section 15, or > > > > > (c) an application for approval to alter or extend a private health facility under section 16, or > > > > > (d) an application for amendment of a licence under section 17. > > > > approval in principle means an approval in principle under section 7 of an application for a licence. > > > > authorised officer means an authorised officer appointed under section 50. > > > > class of facility, in relation to a private health facility, means the class or classes of facility in respect of which a licence for the facility is issued. > > > > clinical area means an area of a private health facility that is used for the provision of health services to a patient and includes any area of a facility that may be prescribed. > > > > director of midwifery—see section 37(2)(a). > > > > director of nursing—see section 37(2)(b). > > > > exercise a function includes perform a duty. > > > > function includes a power, authority or duty. > > > > licence means a licence issued under section 9 and in force under this Act. > > > > licensee means the holder, or any one or more of the holders, for the time being of a licence. > > > > licensing standards means the standards prescribed under section 5. > > > > patient means a person treated at a private health facility. > > > > practitioner means a medical practitioner, a dentist or other health practitioner as may be prescribed by the regulations. > > > > premises includes any land, building and part of any building. > > > > private health facility means premises at which any person is admitted, provided with medical, surgical or other prescribed treatment and then discharged, or premises at which a person is provided with prescribed services or treatments, but it does not include— > > > > > (a) an institution conducted by or on behalf of the State, or > > > > > (b) a hospital or health service under the control of a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or > > > > > (c) a nursing home within the meaning of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), or > > > > > (d) premises of a class prescribed by the regulations for the purposes of this definition. > > > > procedure room means a room in which medical or surgical procedures are conducted, and includes an operating theatre, labour room or other room prescribed by the regulations. > > > > register of patients means the register that is required by section 38 to be kept at a private health facility. > > > > Secretary means the Secretary of the Ministry of Health. > > > > ward means any room (other than a labour room or operating theatre) in a private health facility in which patients are accommodated and includes any recovery room in which a patient is monitored after an operation whilst returning to his or her pre-operative state of consciousness. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) A reference in this Act— > > > > > (a) to medical, surgical or other treatment includes a reference to a diagnosis for the purposes of any such treatment, and > > > > > (b) to the conduct of a private health facility (however expressed) is a reference to the carrying on of the business of the facility, and > > > > > (c) to a person who conducts a private health facility (however expressed) is a reference— > > > > > > > (i) to a corporation which conducts the facility, except where that corporation is acting only in its capacity as an agent, or > > > > > > > (ii) to a natural person who conducts the facility (whether jointly with other persons or alone), except where that person is acting only in the person’s capacity as an employee or an agent. > > > (3) Notes included in this Act do not form part of this Act. > > **s 4:** Am 2010 No 34, Sch 2.40 \[1\]; 2010 No 127, Sch 4.17; 2015 No 58, Sch 3.74 \[2\]; 2025 No 30, Sch 7\[1\].