Management of conflicts of interest in the three Auckland District Health Boards.

The Act means the New Zealand Public Health and Disability Act 2000.

Board means the governing body of a DHB.

Clinicians or clinical staff refers to those DHB employees who are primarily involved in providing health services and disability support services to patients, such as physicians, surgeons, or nurses.

Committee means a committee of the board of a DHB.

Conflict of interest has no formal and exhaustive definition. We consider that, in the public sector, there is a conflict of interest where a member’s or official’s duties or responsibilities to a public entity could be affected by some other interest or duty that the member or official may have. For a DHB, the Act provides that a conflict of interest includes where a person is "interested in a transaction" (or would be if they were to become a member or delegate of the board or committee), and that a person can also have a conflict of interest through their (or their spouse’s or partner’s) employment or engagement as an employee or contractor of the DHB.

DHB means a district health board.

Interested in a transaction is defined in the Act. A person is interested in a transaction if they (or their spouse, civil union partner, de facto partner, child, or parent) may derive a financial benefit from it, if they have a financial interest in (or are a partner, director, official, board member, or trustee of) an entity to whom the transaction relates, or if they are otherwise directly or indirectly interested in the transaction. Certain exceptions apply, including an interest in a party that is - or is owned by - a publicly owned health and disability organisation, or where the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence them in carrying out their responsibilities.

Member means a member of a board or committee of a DHB. It does not include a DHB’s employees (except where a particular employee has also been appointed or elected as a member).

The three Auckland DHBs or the DHBs means the Auckland DHB, the Counties Manukau DHB, and the Waitemata DHB.

Transaction is defined in the Act. A transaction, in relation to a DHB, means the exercise or performance of a function, duty, or power of the DHB; an arrangement, agreement, or contract to which the DHB is a party; or a proposal for such an arrangement, agreement, or contract.

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