Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830456815.pdf (New Zealand)
Health (Protection) Amendment Bill Government Bill As reported from the Health Committee Commentary Recommendation The Health Committee has examined the Health (Protection) Amendment Bill and recommends that it be passed with the amendments shown.

Introduction The Health (Protection) Amendment Bill seeks to amend the Health Act 1956 in order to protect the public from infectious diseases and to lessen the harm of artificial UV tanning.
The bill would • • • • increase the range of infectious diseases that are notifiable improve the management of individuals with infectious diseases whose behav- iour puts other people at risk of contracting a disease by providing new man- agement options including directions issued by a medical officer of health, court orders, urgent health risk orders, and interventions strengthen legislative provisions for contact tracing of people who may have an infectious disease, or may have been exposed to one introduce a ban on the provision of commercial artificial UV tanning services to people under 18 years old.
This commentary covers the major amendments that we recommend; it does not dis- cuss minor or technical amendments.

Infectious diseases Disclosure of health information We recommend amending the bill to insert new clause 4B and new sections 92QA, 92ZM, and 92ZZ(2) in clause 7.
This would ensure that information collected under 234—2 2 Health (Protection) Amendment Bill Commentary new Part 3A inserted by clause 7, including under a direction or order or during con- tact tracing, would only be used or disclosed as authorised under a provision of the Health Act, or another Act.

We believe these amendments would encourage individu- als to provide private information without fear that it would be revealed inappropri- ately.
The provision of timely, accurate, and important information helps prevent the spread of diseases.

Identifying information We recommend amending subsection (3C)(a) in clause 5, to allow the sex, date of birth, and national health index number of a person with a notifiable disease to be dis- closed.

This would involve removing the sex, date of birth, and national health index number from the identifying information which under subsection (3A) in clause 5 cannot be disclosed.
This would give a medical officer of health access to valuable information that would assist with assessments of risk factors, disease surveillance, and contact tracing to prevent the further spread of infection.

Principles The bill sets out a number of principles to be taken into account by people and courts involved in the management of infectious diseases.
We recommend amending clause 7 to insert new section 92AB which would empha- sise that the paramount aim of the principles is to protect public health.

We also rec- ommend amending clause 7 to insert new section 92A(3): this would clarify that the principles do not apply to an individual with an infectious disease, or suspected of having an infectious disease who has been asked to undertake their own contact trac- ing under new section 92ZW(2).
We also recommend that clause 7 be amended to in- sert new section 92A(2), which states that the principles are not listed in any order of importance, and we recommend the following amendments to the principles: • • • that section 92D in the bill as introduced be replaced by new section 92AC, which would emphasise the need to respect and recognise the dignity of indi- viduals who have contracted an infectious disease, and take into account any known special circumstances or vulnerabilities that an individual may have.
that section 92B be amended to require people or courts involved in the man- agement of an infectious disease to take into account any efforts made by indi- viduals to prevent the spread of the disease, and to include the principle that individuals and communities should be encouraged to take part in public health decisions affecting them; we consider that these amendments would enhance voluntary compliance.
that new section 92EA be inserted, which would provide that any measures ap- plied to an individual under new Part 3A must be proportionate to the public health risk and must not be taken in an arbitrary manner.
Commentary Health (Protection) Amendment Bill 3 Directions and orders We recommend amending sections 92G(8), 92H(8), and 92J(4) in clause 7 so that a medical officer of health would only be required to send a copy of a direction given under the section to the Director-General upon request; this would prevent unneces- sary administration.
We also recommend amending clause 7 to insert new section 92JA which would allow for the Director-General to require reports from medical of- ficers of health about the directions they give under new Part 3A (inserted by clause 7).

We recommend amending clause 7 to insert new sections 92G(9), 92H(9), and 92I(9).
This would make it clear that a person who is required to provide information follow- ing directions from a medical officer of health must do so despite anything in the Pri- vacy Act 1993, that the person must be informed that the information is being collec- ted in order to manage an infectious disease, and that this does not limit the person’s right to access or disclose information about themselves.
We also recommend amend- ing clause 7 to insert new sections 92QA and 92ZM, which would provide that any information collected under a direction or an order may only be used to manage infec- tious diseases, and that this does not limit the person’s right to access or disclose in- formation about themselves.
We recommend amending clause 7 to insert new sections 92K(3) and 92(K)(4) which would provide that if a direction or notice (this does not include an urgent public health order or a court order) cannot be given to an individual in person alternative steps must be taken urgently to contact the person.
We also recommend amending 92K(2) to clarify that when a direction or notice is to be served on an individual under 16 years old, or lacking in legal capacity, it must be served on the parent, guardian, or other person in charge of that individual.

We recommend amending clause 7 to insert new section 92L(3)(d) which would pro- vide for a direction to cease to have effect once it has been complied with.
This would bring it into alignment with section 92ZB(6) which provides for a medical examin- ation order to cease when an examination has been completed, and it has been estab- lished whether an individual has an infectious disease.

We also recommend amending section 92N(1) in clause 7; this would require that an extension of a direction must be made at a reasonable time before the expiry of the original direction, to ensure that the finite time for directions provided in section 92L is not undermined.
We recommend amending clause 7, section 92Q(1) to clarify that an individual may appeal to the District Court against a direction or any part of a direction, a variation of the direction, or an extension of a direction.

We also recommend amending clause 7 to insert new section 92Q(4) which would clarify that a person may appeal against a court’s determination in accordance with section 72 of the District Courts Act 1947.
Compliance with directions and orders We recommend amending clause 7 to insert new sections 92RA and 92ZQA which would make it an offence for a parent, guardian, or person in charge of an individual 4 Health (Protection) Amendment Bill Commentary aged under 16, or a person in charge of an individual lacking in legal capacity, to ob- struct compliance with directions and orders.
We acknowledge that voluntary compli- ance is preferable, but recognise that there have been cases in the past where parents have refused to have their child tested for an infectious disease.

We further recommend amending clause 7 to insert new section 92RB.
This would establish that a parent, guardian, or person in charge of an individual aged under 16, or a person in charge of an individual lacking in legal capacity, would be required to take reasonable steps to ensure the individual is attended by a doctor to facilitate diag- nosis and treatment, and to minimise the disease transmission risk.
These amendments would acknowledge the seriousness of an infectious disease not being contained or managed because compliance is being obstructed or a duty of care is not being followed.

Isolation Clause 7 of the bill as introduced would provide for orders requiring the isolation of people likely to spread infectious diseases.

We therefore recommend clause 7 be amended to include new section 6A, which would repeal section 79 of the Act, which deals with isolation orders.
Public health surveillance We recommend amending section 92U(1)(e) in clause 7 which would clarify that pub- lic health surveillance could be undertaken with the aid of electronic communication devices.

This would reflect the use of mobile phones, email, video links, or other electronic communication devices to monitor and supervise a person with an infec- tious disease.

Duration of a public health order We also recommend inserting new sections 92W(3)(d) and 92W(4)(b).
This would provide that a public health order made under sections 92T or 92U respectively would cease to have effect on the earlier of a number of days; this would include following the cancellation of an order by a District Court Registrar, having been satisfied that a medical officer of health has certified it is no longer necessary to manage the public health risk posed by the individual.

We believe this amendment would ensure that an order does not remain in force any longer than necessary.
We also recommend amending clause 7 by inserting 92ZA(2) which would clarify that if a District Court has determined an application for a public health order before the close of the 72-hour period of an urgent health order, the urgent public health order would cease to have effect on the court’s determination of an application.
Relationship between directions and health orders We recommend amending clause 7 by inserting new section 92Y(2A) which would clarify that a public health order does not in itself cancel a direction that a person should undergo a medical examination.

We also recommend inserting new section 92Y(2B) which would prevent a direction being imposed while a public health order Commentary Health (Protection) Amendment Bill 5 is in force.
These amendments would clarify the relationship between directions and public health orders.

Order for contacts We recommend amending clause 7 to insert new section 92ZD(4) which would pro- vide that a Registrar must cancel an order for contacts of an individual who has, or may have, an infectious disease, after a medical officer of health has certified that there is no longer a public health risk.

This amendment would also clarify that the order would no longer have effect once cancelled.
Appeals We recommend amending clause 7 to insert new section 92ZN(2A) which would pro- vide that a person may make an appeal to the High Court about the District Court’s decision on an order, part of an order, a variation of an order, or an extension of an order.

We recommend amending clause 7 to add new sections 92ZE(5), 92ZN(7), and 92ZO(4), which would require appeals to the courts mentioned in these sections to be heard as soon as possible.
We recognise that affected people would want to have mat- ters dealt with quickly and this would avoid the need to set a restrictive statutory time-frame.

Participation in proceedings We recommend amending section 92ZF in clause 7, which would state that parties, or their lawyers, have the right to be heard, present evidence, and cross examine wit- nesses in District Court proceedings.
This would further strengthen affected people’s ability to participate in processes relating to the management of infectious diseases.

We also recommend amending section 92ZG in clause 7 which would provide that the District Court may appoint a lawyer to act for an individual lacking in legal capacity.

We also recommend amending clause 7 to insert new section 92ZF(2A) which would provide that the Judge may restrict or prohibit the public availability of any part of the court record and judgement.
Cancellation or variance of orders We recommend amending clause 7 by inserting new section 92ZK(2) which would provide for medical officers of health to apply to the District Court to vary orders.

We also recommend amending sections 92ZM and 92ZL regarding medical officers of health and individuals agreeing on variations to an order.
We recommend removing 92ZM of the bill as introduced because it would lead to an erosion of judicial orders by giving variance powers to a medical officer of health that would be more appropri- ately dealt with by the court.

Our suggested amendments would address this concern because section 92ZL would require an application to the court to vary an order, and would allow the court to deal with an application without the parties being required to appear.
6 Health (Protection) Amendment Bill Commentary Contact tracing We recommend amending sections 92ZR, 92ZS, 92ZU, and 92ZV in clause 7, to al- low contact tracing if an individual has not been diagnosed but is suspected of having a serious infectious disease.

This is necessary when dealing with diseases like mea- sles and meningococcal disease, which are transmitted easily and have potentially ser- ious consequences.
In such cases a contact tracer would need to believe that the pub- lic health risk justifies contact tracing.

We also recommend amending clause 8 so that it would allow regulations to be made to manage a person suspected of having an infectious disease.

Contact tracers We recommend amending section 92ZT in clause 7, which would stipulate that a per- son nominated to undertake contact tracing by a district health board or medical offi- cer of health must be suitably qualified in health or community work.
We consider that the addition of the nomination process means that contact tracers would not need to delegate their powers, and therefore we recommend amending clause 7 to remove sections 92ZZA and 92ZZB.

We also recommend amending the bill as introduced to insert new clause 4A.

This would allow a medical officer of health to perform the functions, or exercise the powers, of their role in relation to contact tracing in their district or any other health district.
We believe this would strengthen an individual’s privacy by preventing the unnecessary duplication of private or sensitive details amongst medical officers of health.

Providing information about contacts We recommend amending clause 7 to insert new section 92ZV(5), which would ena- ble a contact tracer to require a parent, guardian, person in charge of, or legal repre- sentative of an individual to provide information about the individual’s contacts.
This would be useful in cases when an individual is under 16 years of age, lacks legal cap- acity, or has died.

We also recommend inserting new section 92ZY(2)(d) which would require an event organiser to provide details of attendees if necessary to pre- vent the spread of an infectious disease.

This would enable the provision of important information that would help contain the spread of an infectious disease.
We recommend amending clause 7 to insert new section 92ZY(4), which provides that, despite anything in the Privacy Act 1993, the person required to provide infor- mation must do so, the person must be informed that the information is being collec- ted to manage an infectious disease, and the person’s right to access or disclose infor- mation about themselves is not limited.
Regulation-making authority We recommend that clause 8 of the bill be amended to insert new subclause (3) to authorise the prescribed form and content of notifications, and new subclause (4)(ra) which would provide authority for regulations to be made requiring specified identi- Commentary Health (Protection) Amendment Bill 7 fying information to be restricted.

This recommended amendment would address the concern raised by the Regulations Review Committee.
Sexually transmitted infections We recommend amending clause 10 of the bill as introduced to allow for the inclu- sion of chlamydia, soft chancre, venereal granuloma and venereal warts in the Act’s list of “other infectious diseases”.

The inclusion of chlamydia is of particular note be- cause it is the most common sexually transmitted infection in New Zealand.
Although soft chancre, venereal granuloma, and venereal warts are already listed as venereal diseases in section 2 of the Act; their inclusion, with chlamydia, in Schedule 1 would not mean that the diseases would be notifiable, but, with the provisions in clause 7, would provide powers to effectively manage outbreak situations.

We also recommend revoking the Venereal Diseases Regulations 1982 (SR 1982/215), and repealing sec- tions 88 to 92 of the Act, by inserting clauses 12C and 6B, respectively.
This would prevent inconsistencies.

Artificial UV tanning services Infringement process We recommend amending clause 13 to include new sections 115, 116, 116A and 116B, and new subclauses (4)(rb) and (4)(rc) in clause 8 which would provide an in- fringement process to deal with breaches of the ban on providing artificial UV tan- ning services to persons aged under 18.
We consider that an infringement process would deal efficiently with offences and prevent expensive and time-consuming crim- inal prosecutions.

We expect that prosecution would follow repeated, deliberate, or blatant contraventions of the ban.

We also recommend amending clause 13, new section 115, which would clarify that an infringement offence means an offence against section 114 or any regulations made under section 119(d) of the Act in relation to artificial UV tanning services.
Other considerations We note that there is a lot of concern regarding the link between skin cancer and the use of sunbeds.

We carefully considered extending the proposed ban to completely prohibit the commercial use of artificial UV tanning services, which many submitters suggested.

However, we are satisfied that the bill as introduced would protect the vul- nerable under-18 age group and allow adults to make informed decisions about sun- bed use in an environment of improved operator compliance.
Other legislation, in- cluding the Smoke-free Environments Act 1990 and the Sale and Supply of Alcohol Act 2012, also recognise 18 as an age at which people are capable of making their own choices.
8 Health (Protection) Amendment Bill Commentary New Zealand Labour Party, New Zealand First Party, and Green Party of Aotearoa New Zealand minority view Committee members of Labour, New Zealand First, and the Green Party believe that this amendment bill does not go far enough in restricting the use of artificial UV tan- ning services for cosmetic purposes.
The majority of unique submitters felt that the bill should completely prohibit the commercial use of sunbeds for cosmetic purposes as they are not safe and offer no health benefits.

Scientific data presented to the com- mittee indicated that sunbeds emit a higher concentration of UV radiation than the sun.

The World Health Organisation classified sunbeds as a carcinogenic in 2009 and estimates that sunbed use before the age of 35 increases the risk of melanoma by 75 percent.
On average, 325 New Zealanders will die from melanoma every year.

New Zealanders should not be put at risk of dying from cancer for a service that offers no health benefits.

We are very disappointed that an initial recommendation from the committee requir- ing the Director-General to review the operation of the age-related ban and infringe- ment process on artificial UV tanning services three years after its commencement has not been inserted into the bill.
Labour will be introducing a supplementary order paper that will ban the use of artifi- cial UV tanning services that will not commence until three years after the Act has received Royal assent to give commercial operators time to phase out their services.

Commentary Health (Protection) Amendment Bill 9 Appendix Committee process The Health (Protection) Amendment Bill was referred to the committee on 6 Novem- ber 2014.

The closing date for submissions was 13 February 2015.
We received and considered 71 submissions from interested groups and individuals.

We heard 22 sub- missions.

We received advice from the Ministry of Health.

The Regulations Review Committee reported to the committee on the powers contained in clause 8.
Committee membership Simon O’Connor (Chairperson) Jacqui Dean Kevin Hague Hon Annette King Barbara Kuriger Dr Shane Reti Scott Simpson Barbara Stewart Louisa Wall Health (Protection) Amendment Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Dr Jonathan Coleman Health (Protection) Amendment Bill Government Bill Contents Page 1 2 3 4 4A 4B 5 6 6A 6B 7 Title Commencement Principal Act Part 1 Infectious diseases Notification Section 2 amended (Interpretation) Section 7A amended (Medical officers of health and other officers) Section 22C amended (Disclosure of health information) Section 74 amended (Medical practitioners to give notice of cases of notifiable disease) Section 74AA amended (Medical laboratories to give notice of cases of notifiable disease) Management of infectious diseases Section 79 repealed (Isolation of persons likely to spread infectious disease) Sections 88 to 92 and cross-heading above section 88 repealed New Part 3A inserted Part 3A Management of infectious diseases Subpart 1—Overarching principles 92A 92AB 92AC Principles to be taken into account Paramount consideration Respect for individuals 234—2 4 5 5 5 6 6 6 7 7 7 7 7 8 8 1 Health (Protection) Amendment Bill Voluntary compliance Least restrictive alternative Respect for individuals Individual to be informed 92B 92C 92D 92E 92EA Principle of proportionality Least restrictive alternative 92EB Measures to apply no longer than necessary 92F Subpart
 2—Directions 92G 92H 92I 92J 92JA Medical officer of health may give directions to individual posing public health risk Medical officer of health may give directions to contacts of individuals posing public health risk Direction for medical examination Direction to close educational institutions Director-General may require copies of directions given under this Part General provisions concerning directions and notices 92K 92L 92M 92N 92O 92P 92Q 92QA Confidentiality Written directions and notices to be served on
 individual Duration of directions Medical officer of health must review directions Directions may be extended Repeated directions may be given Directions may be varied or rescinded Appeal against directions Compliance with directions Offence for failing to comply with directions 92R 92RA Offence to obstruct compliance with directions 92RB Duty of care relating to individuals under 16 years and 92S 92T 92U 92V persons lacking in legal capacity Force not permissible Subpart 3—Orders Public health orders District Court may make public health order Public health order may impose certain requirements on individual Matters that District Court may take into account in assessing public health risk 92W Duration of public health order 92X 92Y Public health order may be extended Relationship between directions and public health orders Health (Protection) Amendment Bill Urgent public health orders 92Z Medical officer of health may make urgent public health order 92ZA Duration of urgent public health order Medical examination orders and orders concerning contacts 92ZB Medical examination orders 92ZC District Court may make public health order contingent on examinations establishing infectious disease 92ZD Order for contacts Proceedings 92ZE Proceedings under this Part in District Court to be heard by Family Court Judges, if practicable 92ZF Proceedings under this Part not open to public 92ZG
 District Court may appoint lawyers to act for individuals under 16 years General provisions concerning orders 92ZH Application for order 92ZI Prior consultation with individual and individual’s family or whānau Case conferences 92ZJ 92ZK Medical officer of health must review orders 92ZL 92ZM Medical officer of health and individual may agree on District Court may cancel or vary orders variation 92ZM Confidentiality Subpart 4—Appeals and enforcement 92ZN Appeals to High Court 92ZO Appeals to Court of Appeal
 92ZP 92ZQ Offence not to comply with order 92ZQA Offence to obstruct compliance with order Enforcement of order by medical officer of health Subpart 5—Contact tracing Purpose of contact tracing 92ZR 92ZS What contact tracing involves 92ZT Who may be contact tracer 92ZU Appropriateness of contact tracing 92ZV Duty of individual with infectious disease to provide information about contacts 92ZW Consideration as to whether contact tracing can be undertaken by individual 21 22 22 23 23 24 25 25 25 25 26 26 26 27 27 27 28 28 29 29 29 29 30 30 30 31 3 cl 1 Health (Protection) Amendment Bill 92ZX When contact tracer may undertake contact tracing 92ZY Contact tracer may require certain persons to provide information Duty of confidentiality 92ZZ 92ZZA Contact tracer may delegate functions, duties, or powers 92ZZB Status of delegations 92ZZC Offence to fail to comply with direction to provide required information about contacts Section 117 amended (Regulations as to public health) Section 125 amended (Medical examination of children) Schedule 1 amended Consequential repeal and revocations Repeal of Tuberculosis Act 1948 Revocation of Tuberculosis Regulations 1951 Food Hygiene Regulations 1974 amended Health (Infectious and Notifiable Diseases) Regulations 1966 amended Revocation of Venereal Diseases Regulations 1982 District Courts Rules 2014 amended Social Security (Long-term Residential Care) Regulations 2005 amended Part 2 Artificial UV tanning services 12A
 12B 12C 12D 12E 13 New Part 5 inserted Part 5 Artificial UV tanning services Preliminary provision 113 Interpretation Ban on provision of services to persons under 18 years 114 Ban on providing artificial UV tanning services to persons under 18 years Infringement offences 115 116 116A 116B Infringement offences Commission of infringement offences Infringement notices Payment of infringement fees The Parliament of New Zealand enacts as follows: Title This Act is the Health (Protection) Amendment Act 2014.
1 4 32 32 32 33 33 33 34 34 34 35 35 35 35 35 36 36 36 36 36 37 37 37 38 Health (Protection) Amendment Bill Part 1 cl 4 Commencement This Act comes into force 6 months after the date on which it receives the Roy- al assent.

Principal Act This Act amends the Health Act 1956 (the principal Act).

5 Part 1 Infectious diseases Notification Section 2 amended (Interpretation) In section 2(1), definition of communicable disease, delete “tuberculosis, ve- nereal disease,”.
10 In section 2(1), definition of contact, delete “within a period not exceeding the prescribed period of incubation of that disease”.
2 3 4 (1) (2) (3) In section 2(1), replace the definition of premises with: premises includes a any commercial premises, private premises, vehicle, ship, or aircraft 15 (4) In section 2(1), insert in their appropriate alphabetical order: educational institution— (a) means any place where people gather for the purpose of education or training; and (b) includes an early childhood education and care centre within the mean- ing of section 310(1) of the Education Act 1989 health provider means a person or an organisation that provides, or arranges the provision of, personal health services or public health services medical examination means the physical examination or testing of a person for the purpose of determining whether the person has or is likely to have an infectious disease, and includes— 20 25 (a) (b) the taking of a sample of tissue, blood, urine, or other bodily material for medical testing; and any diagnostic tests required to detect the presence of, or immunity to, an infectious disease in a person 30 medical examination order means an order made under section 92ZB public health order means an order made under section 92T public health risk means a substantial risk of serious harm that 1 or more indi- viduals who have, or may have, an infectious disease pose to the health or safe- 35 5 Part 1 cl 4A Health (Protection) Amendment Bill ty of 1 or more other persons because of the infectious disease, having regard to— (a) the nature of the infectious disease, including, without limitation, the transmissibility and mode of transmission of the infectious disease; and (b) the relevant circumstances of the particular case (4A) In section 2(1), repeal the definition of venereal disease.
(5) After section 2(3), insert: (4) In this Act, a reference to an individual who has an infectious disease includes an individual who harbours is infected or colonised by, or is a carrier of, an or- ganism capable of causing the disease, even if the individual does not exhibit any of the symptoms of the disease.
5 10 4A Section 7A amended (Medical officers of health and other officers) After section 7A(7), insert: (8) A medical officer of health for any health district may perform or exercise in that or any other health district any of the functions, duties, or powers of a medical officer of health that relate to contact tracing.
15 4B Section 22C amended (Disclosure of health information) After section 22C(3), insert: (4) 5 Information provided or obtained under Part 3A may not be used or disclosed by anyone except as authorised or required under a provision of this Act or an- other Act.

Section 74 amended (Medical practitioners to give notice of cases of notifi- able disease) (1AA) In section 74(1)(a), replace “except where the disease is specified in section B” with “if the disease is specified in section A”.
(1) After section 74(3), insert: (3A) A medical practitioner who gives notice of a notifiable disease under subsec- tion (1) or (3) must not disclose identifying information of the patient or de- ceased person if the disease is specified in section C of Part 1 of Schedule 1.
(3B) Despite subsection (3A), a medical officer of health may require a medical practitioner to disclose identifying information of the patient or deceased per- son if disclosure of the identifying information is necessary to respond effect- ively to a public health risk.
20 25 30 (3C) In this section and section 74AA, identifying information means information that enables a person to be identified, including— 35 (a) that person’s— (i) name: 6 Health (Protection) Amendment Bill Part 1 cl 7 (ii) (iii) (iv) (v) (vi) sex: date of birth: address: place of work or education: national health index number: (b) any other information required by regulations made under this Act.
6 Section 74AA amended (Medical laboratories to give notice of cases of no- tifiable disease) After section 74AA(2), insert: (2A) A person in charge of a medical laboratory who gives notice of a notifiable dis- ease under subsection (2) must not disclose identifying information of a person who is, or has been, or may be or may have been, infected with a disease speci- fied in section C of Part 1 of Schedule 1.
(2B) Despite subsection (2A), a medical officer of health may require a person in charge of a medical laboratory to disclose identifying information of the person who is, or has been, or may be or may have been, infected with a disease if disclosure of the identifying information is necessary to respond effectively to a public health risk.

Management of infectious diseases 5 10 15 6A Section 79 repealed (Isolation of persons likely to spread infectious dis- 20 ease) Repeal section 79.
6B Sections 88 to 92 and cross-heading above section 88 repealed Repeal sections 88 to 92 and the cross-heading above section 88 (which relate to venereal diseases).

25 7 New Part 3A inserted Before Part 4, insert: Part 3A Management of infectious diseases Subpart 1—Overarching principles 30 92A Principles to be taken into account (1) The principles set out in sections 92B 92AC to 92F are to be taken into ac- count by every person and every court performing a function under this Part.
7 Part 1 cl 7 Health (Protection) Amendment Bill (2) Nothing in sections 92AC to 92F is to be taken as indicating that the prin- ciples in those sections are set out in any order of importance.

(3) To avoid doubt, an individual undertaking contact tracing in response to a re- quest under section 92ZW(2) is not performing a function under this Part.

92AB Paramount consideration The paramount consideration in the application of the principles in sections 92AC to 92F is the protection of public health.
92AC Respect for individuals (1) An individual must be treated with respect for the dignity of the individual when any functions, duties, or powers are exercised or performed in relation to him or her under this Part.

(2) The person exercising or performing the functions, duties, or powers must take into account any known special circumstances or vulnerabilities of the indi- vidual, to the extent that the protection of public health permits this to be done.
92B Voluntary compliance (1) If an individual poses a public health risk, and that risk can be prevented or minimised by the individual’s voluntary compliance with certain measures, the individual must be given the opportunity to voluntarily comply with those measures before measures under this Part are applied to the individual.
(2) A person or court exercising or performing any functions, duties, or powers under this Part must take into account whether the individual has had an oppor- tunity to minimise the risk of transmitting the infectious disease, and whether he or she has done so, or the extent to which he or she has done so, particularly in response to— (a) (b) any directions given to the individual: any request or instruction from a medical practitioner, medical officer of health, or health protection officer.
(3) Individuals and communities should be encouraged to take responsibility for their own health and, to that end, to participate in decisions about how to pro- tect and promote their own health and the health of their communities.
92C Least restrictive alternative In any case where this Part enables alternative measures to be applied to an in- dividual, preference must be given to the least restrictive measure that, in the judgment of the person or court concerned, will achieve the objective of mini- mising the public health risk posed by the individual.
8 Health (Protection) Amendment Bill Part 1 cl 7 92D Respect for individuals An individual in respect of whom a power is exercised under this Part must be treated with respect and consideration, to the extent that the protection of pub- lic health permits this to be done.
92E Individual to be informed A person exercising a power over or performing any functions, duties, or powers in relation to an individual under this Part must, so far as is practicable in the circumstances, promptly inform the individual, in a way that the indi- vidual is most likely to understand, about— (a) (b) (c) the nature of the power that is being exercised and its functions, duties, or powers being exercised or performed and their implications for the in- dividual: any steps planned to be taken in respect of the individual: any right of the individual to appeal against the exercise of the power or performance of the functions, duties, or powers and to apply for judicial review.
5 10 15 92EA Principle of proportionality Measures applied to an individual under this Part must— (a) be proportionate to the public health risk sought to be prevented, mini- mised, or managed; and 20 (b) not be made or taken in an arbitrary manner.
92EB Least restrictive alternative In any case where this Part enables alternative measures to be applied to an in- dividual, preference must be given to the least restrictive measure that, in the judgment of the person or court concerned, will achieve the objective of mini- mising the public health risk posed by the individual.
92F Measures to apply no longer than necessary Measures applied to an individual under this Part must not be applied longer than is necessary to prevent or minimise the public health risk that the indi- vidual poses.

25 30 Subpart 2—Directions 92G Medical officer of health may give directions to individual posing public health risk (1) This section applies if a medical officer of health believes on reasonable grounds that an individual poses a public health risk.
35 9 Part 1 cl 7 Health (Protection) Amendment Bill (2) (3) The medical officer of health may give the individual any direction or direc- tions listed in subsection (4) that the medical officer of health thinks are ne- cessary to prevent or minimise the public health risk posed by the individual.
If the disease that the individual is believed to have is not a notifiable infec- tious disease or other notifiable condition, every direction given to the indi- vidual must have the prior approval of the Director-General.
5 (4) The medical officer of health may direct the individual to— (a) participate in any of the following that are conducted by a health provid- er: (b) (c) (d) (e) (f) (g) (i) (ii) counselling: education: (iii) other activities related to the infectious disease: refrain from carrying out specified activities (for example, undertaking employment, using public transport, or travelling within and outside New Zealand) either absolutely or unless stated conditions are observed: refrain from going to specified places either absolutely or unless stated conditions are observed: refrain from associating with specified persons or specified classes of persons: 10 15 take specified actions to prevent or minimise the public health risk posed by the individual: 20 stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: accept supervision by a named person or a person for the time being holding a named office, including, without limitation,— 25 (i) (ii) attending meetings arranged by that person; and providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the indi- vidual: (h) comply with instructions to prevent the spread of the infectious disease.
30 In no case may a direction require an individual to submit to compulsory treat- ment.

Subsection (7) applies if a direction requires an individual to refrain from carrying out a specified activity either absolutely or unless stated conditions are observed and a medical officer of health believes on reasonable grounds that the persons responsible for the activity need to be informed in order to prevent or minimise the public health risk posed by the individual.
35 (5) (6) 10 Health (Protection) Amendment Bill Part 1 cl 7 (7) The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters: (a) (b) the direction: the public health risk posed by the individual’s engagement in the activi- ty: 5 (c) ways of minimising that public health risk.
(8) (8) The medical officer of health must send to the Director-General a copy of every direction given under this section.

If the Director-General so requires, the medical officer of health must send him 10 or her a copy of all or any of the directions given by the medical officer of health under this section.
(9) Despite anything in the Privacy Act 1993, if a person requires another person to provide information under this section,— (a) (b) the person required to provide the information must comply with the re- quirement and be advised that the information must be provided for the effective management of infectious diseases; and 15 nothing in this section limits the right of an individual to access or dis- close information about him or her under that Act or any other Act.
92H Medical officer of health may give directions to contacts of individuals pos- 20 ing public health risk (1) This section applies if a medical officer of health believes on reasonable grounds that— (a) (b) an individual has been in contact with a person who has, or may have, an infectious disease; and 25 if the disease has been transmitted to the individual, the individual poses, or is likely to pose, a public health risk.
The medical officer of health may give the individual any 1 or more directions listed in subsection (4) that the medical officer of health thinks are necessary to prevent or minimise the public health risk posed by the individual.

30 If the disease that the individual is believed to have is not a notifiable infec- tious disease or other notifiable condition, every direction given to the indi- vidual must have the prior approval of the Director-General.
(2) (3) (4) The medical officer of health may direct the individual to— (a) participate in any of the following that are conducted by a health provid- er: 35 (i) (ii) counselling: education: (iii) other activities related to the infectious disease: 11 Part 1 cl 7 Health (Protection) Amendment Bill (b) (c) (d) (e) (f) (g) refrain from carrying out specified activities (for example, undertaking employment, using public transport, or travelling within and outside New Zealand) either absolutely or unless stated conditions are observed: refrain from going to specified places either absolutely or unless stated conditions are observed: 5 refrain from associating with specified persons or specified classes of persons: take specified actions to prevent or minimise the public health risk posed by the individual: stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: 10 accept supervision by a named person or a person for the time being holding a named office, including, without limitation,— (i) (ii) attending meetings arranged by that person; and providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the indi- vidual: 15 (h) comply with instructions to prevent the spread of the infectious disease.
In no case may a direction require an individual to submit to compulsory treat- ment.

20 Subsection (7) applies if a direction requires an individual to refrain from carrying out a specified activity either absolutely or unless stated conditions are observed and a medical officer of health believes on reasonable grounds that the persons responsible for the activity need to be informed in order to prevent or minimise the public health risk posed by the individual.
25 The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters: (a) (b) the direction: the public health risk posed by the individual’s engagement in the activi- ty: 30 (c) ways of minimising that public health risk.

The medical officer of health must send to the Director-General a copy of every direction given under this section.
If the Director-General so requires, the medical officer of health must send him 35 or her a copy of all or any of the directions given by the medical officer of health under this section.
(5) (6) (7) (8) (8) (9) Despite anything in the Privacy Act 1993, if a person requires another person to provide information under this section,— 12 Health (Protection) Amendment Bill Part 1 cl 7 (a) (b) the person required to provide the information must comply with the re- quirement and be advised that the information must be provided for the effective management of infectious diseases; and nothing in this section limits the right of an individual to access or dis- close information about him or her under that Act or any other Act.
5 92I Direction for medical examination (1) This section applies if a medical officer of health believes on reasonable grounds that— (a) (b) (c) (d) an individual may have an infectious disease (for example, because the individual has been in contact with a person who has an infectious dis- ease); and the individual’s medical practitioner or a medical officer of health has re- quested the individual to undergo, within a specified period, a medical examination to establish whether the individual has the infectious dis- ease; and the individual has not undergone that examination within that period; and if the individual has the infectious disease, the individual poses a public health risk.
(2) (3) The medical officer of health may direct the individual to undergo 1 or more medical examinations and may specify the places where those examinations are to be conducted and the health providers who are to conduct them.
The medical officer of health may also direct the individual, until those exam- inations are completed, to— 10 15 20 (a) participate in any of the following that are conducted by a health provid- er: 25 (i) (ii) counselling: education: (iii) other activities related to the infectious disease: (b) (c) (d) (e) refrain from carrying out specified activities (for example, undertaking employment, using public transport, or travelling within and outside New Zealand) either absolutely or unless stated conditions are observed: 30 refrain from going to specified places either absolutely or unless stated conditions are observed: refrain from associating with specified persons or specified classes of persons: 35 take specified actions to prevent or minimise the public health risk posed by the individual: 13 Part 1 cl 7 Health (Protection) Amendment Bill (f) (g) stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: accept supervision by a named person or a person for the time being holding a named office, including, without limitation,— (i) (ii) attending meetings arranged by that person; and 5 providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the indi- vidual: (h) comply with instructions to prevent the spread of the infectious disease.
In no case may a direction require an individual to submit to compulsory treat- ment.

10 Subsection (6) applies if a direction requires an individual to refrain from carrying out a specified activity either absolutely or unless stated conditions are observed and a medical officer of health believes on reasonable grounds that the persons responsible for the activity need to be informed in order to prevent or minimise the public health risk posed by the individual.
The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters: (a) (b) the direction: the public health risk posed by the individual’s engagement in the activi- ty: 15 20 (4) (5) (6) (c) ways of minimising that public health risk.
(7) Any medical examination an individual is directed to undergo must be— (a) (b) in accordance with current best practice in diagnosing the presence of, or immunity to, the infectious disease; and 25 the least invasive type of examination that is necessary to establish whether the individual has, or is immune to, the infectious disease.

(8) The medical officer of health must send to the Director-General a copy of every direction given under this section.
30 (9) Despite anything in the Privacy Act 1993, if a person requires another person to provide information under this section,— (a) (b) the person required to provide the information must comply with the re- quirement and be advised that the information must be provided for the effective management of infectious diseases; and 35 nothing in this section limits the right of an individual to access or dis- close information about him or her under that Act or any other Act.
14 Health (Protection) Amendment Bill Part 1 cl 7 92J Direction to close educational institutions (1) This section applies if a medical officer of health believes on reasonable grounds that— 10 15 (a) (b) (c) 1 or more persons attending an educational institution have, or may have, an infectious disease; and 5 there is a substantial risk that the infectious disease will be transmitted to other persons attending the educational institution; and the risk of the infectious disease being transmitted to other persons at- tending the educational institution cannot be adequately managed solely by giving directions to the individual with the infectious disease.
(2) The medical officer of health may give a direction to the person in charge of the educational institution to— (a) (b) (c) direct persons attending the educational institution to remain home stay away from its property until further notice: close part of the educational institution: close the entire educational institution.

(3) (4) (4) The medical officer of health must not give a direction under subsection (2) without first consulting the person in charge of the educational institution.
The medical officer of health must send to the Director-General a copy of every direction given under this section.

20 If the Director-General so requires, the medical officer of health must send him or her a copy of all or any of the directions given by the medical officer of health under this section.
92JA Director-General may require copies of directions given under this Part The Director-General may from time to time require a medical officer of health to provide him or her with a report on any directions given by the medical offi- cer of health under this Part.

25 General provisions concerning directions and notices 92K Written directions and notices to be served on individual (1) A direction or notice under this Part must be in writing and must be served on 30 the individual to whom it is given.
(2) If the person to whom the direction or notice relates is a minor under the age of 16 years or otherwise lacks legal capacity, a medical officer of health or a health protection officer must serve the direction or notice on the parent, guard- ian, or other person having the care in charge of the person to whom the direc- tion or notice relates.
35 15 Part 1 cl 7 Health (Protection) Amendment Bill (3) However, if it is not reasonably practicable in the circumstances to serve the direction or notice on the individual in person, alternative steps must be taken to bring the direction to the attention of the individual as soon as possible.

(4) In this section, notice does not include an urgent public health order or a court order.
5 92L Duration of directions (1) When giving a direction under this Part, a medical officer of health must spe- cify the period for which the direction is to remain in effect.

(2) A direction given by the medical officer of health must not remain in effect for more than 6 months, unless the direction is extended under section 92N.
(3) A direction ceases to have effect at the close of the earliest of the following days: (a) (b) (c) (d) the last day of the period stated in the direction or in the extension of the direction: the day (if any) on which the medical officer of health rescinds the direc- tion under section 92P: the day (if any) on which the direction is cancelled on appeal under sec- tion 92Q: the day (if any) on which the medical examinations required by a direc- tion under section 92I(2) have been completed.
92M Medical officer of health must review directions A medical officer of health must— (a) (b) (c) (d) regularly review each direction that is in effect in the health district or districts for which the officer is responsible; and consider whether the direction is still required; and rescind the direction under section 92P if he or she is satisfied that the individual no longer poses a public health risk; and if directed by the Director-General to do so, advise the Director-General why the direction needs to continue in effect.
92N Directions may be extended 10 15 20 25 30 (1) A medical officer of health may at any time a reasonable time before the expiry of a direction, by notice to the individual concerned, extend thea direction for a period of not more than 6 months if he or she is satisfied that the conditions for giving the direction continue to be satisfied.

(2) The medical officer of health may extend the direction on 1 or more occasions.
35 16 Health (Protection) Amendment Bill Part 1 cl 7 92O Repeated directions may be given A direction under this Part may be given to an individual on 1 or more occa- sions.

92P Directions may be varied or rescinded A medical officer of health may at any time, by notice to the individual con- cerned, vary or rescind a direction previously given.
5 92Q Appeal against directions (1) An individual who is required to comply with a direction may appeal to the District Court against the direction, or any part of the direction, to the District Court.— (a) (b) (c) the direction, or any part of the direction: a variation of the direction: an extension of the direction.

(2) On the appeal, the District Court may confirm, vary, or cancel the direction, variation, or extension.
(3) The filing of the appeal does not affect the direction, variation, or extension unless the District Court otherwise orders.

(4) A party to an appeal under this section may appeal against the court’s deter- mination of the appeal in accordance with section 72 of the District Courts Act 1947.
92QA Confidentiality Despite anything in the Privacy Act 1993, information provided or obtained under a direction under this Part may not be used or disclosed by anyone ex- cept for the effective management of infectious diseases, but nothing in this section limits the right of an individual to access or disclose information about him or her under that Act or any other Act.
10 15 20 25 Compliance with directions 92R Offence for failing to comply with directions An individual commits an offence and is liable on conviction to a fine not ex- ceeding $2,000 who, without reasonable excuse, fails to comply with a direc- tion given by a medical officer of health under this Part.
30 92RA Offence to obstruct compliance with directions (1) This section applies to— (a) a parent, guardian, or person in charge of an individual aged under 16 years; and 35 (b) a person in charge of an individual who is lacking in legal capacity.

17 Part 1 cl 7 Health (Protection) Amendment Bill (2) A person to whom this section applies commits an offence who intentionally obstructs that other individual’s compliance with a direction given by a medical officer of health under this Part.
(3) A person who commits an offence against subsection (2) is liable on convic- tion to a fine not exceeding $2,000.

5 92RB Duty of care relating to individuals under 16 years and persons lacking in legal capacity (1) This section applies to— (a) a parent, guardian, or person in charge of an individual aged under 16 years; and 10 (b) a person in charge of an individual who is lacking in legal capacity.
(2) If the individual aged under 16 years or lacking in legal capacity is suffering from any infectious disease, the person to whom this section applies must take reasonable steps and care to— (a) (b) ensure that the individual is professionally attended by a medical practi- tioner, and facilitate diagnosis and treatment; and 15 prevent or minimise the risk of transmission of the disease by the indi- vidual.
(3) Nothing in this section limits or affects the operation of any provisions of the Protection of Personal and Property Rights Act 1988 or any other Act that are applicable to a person or individual referred to in subsection (1).

20 92S Force not permissible In no case may force be used to secure compliance with a direction.
Subpart 3—Orders Public health orders 25 92T District Court may make public health order On an application by a medical officer of health, the District Court may make a public health order in respect of an individual if the court is satisfied that the individual poses a public health risk.
92U Public health order may impose certain requirements on individual 30 (1) The District Court may, in making a public health order, impose on an indi- vidual any 1 or more of the following requirements the court thinks are neces- sary to prevent or minimise the public health risk posed by the individual: (a) to be detained, at all times or at specified times, in a hospital or other suitable place or in specified parts of the hospital or place: 35 18 Health (Protection) Amendment Bill Part 1 cl 7 to stay, at all times or at specified times, at a specified place of resi- dence: to refrain from carrying out specified activities (for example, undertak- ing employment, using public transport, or travelling within and outside New Zealand) either absolutely or unless stated conditions are observed: 5 to be supervised by a named person or by a person for the time being holding a named office, including, without limitation,— (i) (ii) attending meetings arranged by that person; and providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the indi- vidual: after the views of the individual have been taken into account, to be sub- ject to public health surveillance, with or without the aid of electronic communication devices, by a named person or by a person for the time being holding a named office or by a named organisation: to be treated for the infectious disease by a specified health provider: to participate in any of the following that are conducted by a health pro- vider: (i) (ii) counselling: education: 10 15 20 (iii) other activities related to the infectious disease: to refrain from going to specified places either absolutely or unless sta- ted conditions are observed: to refrain from associating with specified persons or specified classes of persons: 25 to take specified actions to prevent or minimise the public health risk posed by the individual.
(b) (c) (d) (e) (f) (g) (h) (i) (j) (2) (3) (4) Before the court imposes a requirement of the kind described in subsection (1)(f), the court must be satisfied that, short of detaining the individual indefin- itely, treating him or her is the only effective means of managing the public health risk posed by the individual.
30 If an order requires an individual to be detained in a hospital or other place op- erated by a district health board, the district health board must permit the indi- vidual to be detained in the hospital or place.

The court may impose any requirement specified in subsection (1) subject to any conditions or restrictions that the court considers appropriate.
35 19 Part 1 cl 7 Health (Protection) Amendment Bill 92V Matters that District Court may take into account in assessing public health risk In assessing, for the purposes of an application for a public health order, wheth- er an individual poses a public health risk, the District Court may, without limi- tation, take into account— 5 (a) (b) the infectious disease that the individual has or may have: if the individual has had an opportunity to minimise the risk of commu- nicating the infectious disease, whether he or she has done so, or the ex- tent to which he or she has done so, and, in particular,— (i) (ii) if directions have been given to the individual, whether the indi- vidual has complied with, or the extent to which the individual has complied with, those directions: if a medical practitioner, medical officer of health, person acting under the direction of a medical officer of health, or health protec- tion officer has requested the individual to take steps to prevent or minimise the risk, whether the individual has responded to those requests or the extent to which the individual has responded to those requests.
10 15 92W Duration of public health order (1) When making a public health order under section 92T, the District Court 20 must specify the period for which the order is to remain in effect.

(2) A public health order must not remain in effect for more than 6 months, unless the order is extended under section 92X.
(3) A public health order ceases to have effect at the close of the earliest of the fol- lowing days: (a) (b) (c) (d) the last day of the period stated in the order or in the extension of the order or, if no period is stated in the order, the day that is 6 months after the date on which the order is made: athe day (if any) on which the court cancels the order under section 92ZL: athe day (if any) on which the order is cancelled on appeal under sec- tion 92ZN or 92ZO: the day (if any) on which the Registrar cancels the order after being sat- isfied that the medical officer of health has certified that the order is no longer necessary to manage the public health risk posed by the individu- al.
25 30 35 (4) A requirement imposed by a public health order under section 92U ceases to have effect at the close of the earlier of the following days: (a) the day on which the order ceases to have effect: 20 Health (Protection) Amendment Bill Part 1 cl 7 (b) (b) the day (if any) on which the medical officer of health notifies the indi- vidual that the requirement is no longer necessary to manage the public health risk posed by the individual.
the day (if any) on which the Registrar cancels the order after being sat- isfied that the medical officer of health has certified that the requirement is no longer necessary to manage the public health risk posed by the in- dividual.
5 92X Public health order may be extended (1) The District Court may, at any time, on the application of a medical officer of health, extend a public health order made under section 92T for a period of not more than 6 months if the court— 10 (a) (b) is satisfied that the court continues to have jurisdiction to make a public health order in respect of the individual concerned; and considers that extending the public health order is necessary to remove or minimise a public health risk.
15 (1) The District Court may, at a reasonable time before the expiry of a public health order made under section 92T, on the application of a medical officer of health, extend the order for a period of not more than 6 months if the court considers that extending the public health order is necessary to remove or mini- mise a public health risk.

20 (2) The court may extend the public health order on 1 or more occasions.
92Y Relationship between directions and public health orders (1) The District Court may make a public health order that corresponds to, or dif- fers from, any direction previously given.

(2) Any direction previously given to an individual ceases to have effect when a 25 public health order is made in respect of that individual.
(2A) However, the making of a public health order in respect of an individual does not of itself cancel a direction for a medical examination under section 92I or a medical examination order under section 92ZB in respect of the individual.

(2B) A medical officer of health may not give a direction under this Part to an indi- vidual while a public health order made in respect of that individual is in force.
30 (3) However, nothing in this section or in any other provision of this Part requires a prior direction before a public health order may be made.
Urgent public health orders 92Z Medical officer of health may make urgent public health order 35 (1) This section applies if a medical officer of health believes on reasonable grounds that— (a) an individual poses a public health risk; and 21 Part 1 cl 7 Health (Protection) Amendment Bill (b) (c) (d) the medical officer of health cannot adequately manage the public health risk by giving the individual a direction; and to address the risk, the medical officer of health needs to take urgent ac- tion; and it is not practicable to wait for the District Court to determine an applica- tion for a public health order.
5 The medical officer of health may sign and give, or authorise another person to give, the individual an urgent public health order that requires the individual to be detained at specified premises or specified parts of premises, subject to any stated conditions.

10 If the infectious disease that the individual is believed to have is not a notifia- ble disease, the urgent public health order must not be given to the individual without the prior approval of the Director-General.
The medical officer of health must write on the order the date and time it is given to the individual.

15 The medical officer of health must send to the Director-General a copy of the urgent public health order.

(2) (3) (4) (5) 92ZA Duration of urgent public health order (1) An urgent public health order has effect for 72 hours from the time that it is given to an individual.
20 (2) However, if the District Court determines an application for a public health order in respect of the individual before the close of the 72-hour period, the ur- gent public health order ceases to have effect on the court’s determination of the application.
Medical examination orders and orders concerning contacts 25 92ZB Medical examination orders (1) The District Court may, on the application of a medical officer of health, make a medical examination order in respect of an individual if the court is satisfied that— (a) (b) the individual may have an infectious disease (for example, because the individual is, or has been, in contact with a person who has the infec- tious disease); and the individual’s medical practitioner or a medical officer of health has asked the individual to undergo, within a specified period, a medical examination to establish whether the individual has the infectious dis- ease; and 30 35 (c) the individual has not undergone that examination within that period; and 22 Health (Protection) Amendment Bill Part 1 cl 7 (2) (3) (4) (5) (d) if the individual has the infectious disease, the individual poses a public health risk.
The medical examination order must direct the individual to undergo whatever medical examinations the medical officer of health considers necessary to es- tablish whether the individual has the infectious disease.
5 The medical examination order may also impose on the individual, until those examinations are completed, any 1 or more of the requirements stated in sec- tion 92U(1)(b), (c), (d), (h), (i), and (j) that the court thinks necessary to prevent or minimise the public health risk that the individual may pose.

The court may impose any requirement referred to in subsection (3) subject to any conditions or restrictions that the court thinks appropriate.
10 If the court makes a medical examination order under this section, any medical examination an individual is directed to undergo must be— (a) (b) in accordance with current best practice in diagnosing the presence of, or immunity to, the infectious disease; and 15 the least invasive type of examination that is necessary to establish whether the individual has, or is immune to, the infectious disease.
(6) The medical examination order ceases to have effect when the medical examin- ation has been completed and it has been established whether the individual has the infectious disease.

20 92ZC District Court may make public health order contingent on examinations establishing infectious disease (1) When the District Court makes a medical examination order in respect of an individual, the court may also make a public health order under section 92T.
The public health order— (2) (a) must be made in accordance with section 92T, with the court entitled to assume that the individual has the infectious disease for which he or she is to be examined; and (b) takes effect in accordance with subsection (3).
(3) The public health order may provide that it takes effect only if a medical officer of health signs and dates a certificate that states that the individual has under- gone the examinations in accordance with the medical examination order and that those examinations establish that the individual has the infectious disease for which he or she has been examined.

25 30 (4) The order may be sealed only if the Registrar of the court has seen and filed the certificate described in subsection (3).
35 92ZD Order for contacts (1) The District Court may, on the application of a medical officer of health, make an order in respect of an individual if the court is satisfied that— 23 Part 1 cl 7 Health (Protection) Amendment Bill (2) (3) (4) (4) (a) (b) the individual has been in contact with a person who has, or may have, an infectious disease; and if the infectious disease has been transmitted to the individual, the indi- vidual poses, or is likely to pose, a public health risk.
The order may impose on the individual any of the requirements stated in sec- tion 92U(1)(b), (c), (d), (h), (i), and (j) that the court thinks are necessary to prevent or minimise the public health risk that the individual may pose.

5 The court may impose any requirement referred to in subsection (2) subject to any conditions or restrictions that the court considers appropriate.
The order ceases to have effect at the close of the day (if any) on which the medical officer of health notifies the individual that the order is no longer ne- cessary because the individual no longer poses a public health risk.
If the terms of the order provide that the order may be brought to an end if the medical officer of health certifies to a Registrar of the court that the order is no longer necessary to manage the public health risk posed by the individual and the Registrar is satisfied that the medical officer of health has given an appro- priate certification,— (a) (b) the Registrar must cancel the order; and the order ceases to have effect on cancellation.
(5) In determining, for the purposes of subsection (4), that the individual no lon- ger poses a public health risk, the medical officer of health must have regard to any known incubation period for the infectious disease.

Proceedings 92ZE Proceedings under this Part in District Court to be heard by Family Court Judges, if practicable (1) The District Court has jurisdiction to hear and determine— (a) (b) appeals under this Part against directions given; and applications for orders made under this Part.
(2) Every proceeding referred to in subsection (1) must, if practicable having re- gard to the time required and to the availability of Judges and court staff and resources, be heard and determined by a Family Court Judge.

(3) Any District Court Judge may hear and determine a proceeding referred to in subsection (1) that cannot practicably be heard and determined by a Family Court Judge.
10 15 20 25 30 (4) The fact that a District Court Judge exercises jurisdiction under this section is conclusive evidence of the authority of the District Court Judge to do so.

35 (5) Appeals under this section should be heard as soon as practicable.
24 Health (Protection) Amendment Bill Part 1 cl 7 92ZF Proceedings under this Part not open to public (1) Unless the Judge presiding at a hearing of a proceeding referred to in section 92ZE(1) otherwise directs, no person may be present during the hearing except the following: (a) (b) (c) the Judge: officers of the court: parties to the proceeding and their lawyers and any other person nomin- ated by the individual who is the subject of the proceeding: (d) witnesses: (e) any other person whom the Judge permits to be present.
(1A) The parties or their lawyers on their behalf have the right to be heard, present evidence, and cross-examine witnesses in the proceeding.

(2) A witness must leave the courtroom if asked to do so by the Judge.

(2A) The Judge may, by order, restrict or prohibit the public availability of all or any part of the court record and judgment.

(3) This section does not limit any other power of the court to hear proceedings in private or to exclude any person from the court.
Compare: 1992 No 46 s 24 5 10 15 92ZG District Court may appoint lawyers to act for individuals under 16 years Whenever an individual aged under 16 years or lacking in legal capacity is the subject of an application for an order under this Part, the District Court that hears the application may appoint a lawyer to act for the individual.
20 General provisions concerning orders 92ZH Application for order (1) A medical officer of health may apply to the District Court for an order under this Part in respect of an individual who the medical officer of health believes, on reasonable grounds, poses a public health risk.

(2) (3) If the infectious disease that the individual is believed to have is not a notifia- ble disease, the application must not be made without the prior approval of the Director-General.
The medical officer of health must send to the Director-General a copy of the application.

92ZI Prior consultation with individual and individual’s family or whānau (1) If a medical officer of health is considering applying to the District Court for an order under this Part, the medical officer of health must, whenever practic- able, consult the individual and may, at the officer’s discretion, consult the in- dividual’s family or whānau.
25 30 35 25 Part 1 cl 7 Health (Protection) Amendment Bill (2) The purpose of consultation under subsection (1) is to enable the medical of- ficer of health— (a) (b) to ascertain if the need for an order can be avoided by voluntary compli- ance by the individual and, if the individual agrees, by any assistance on the part of the family or whānau; and 5 to ascertain, if an order is required, the extent to which the terms of the order and the way it is implemented can take into account the needs and wishes of the individual without prejudicing the protection of public health.
92ZJ Case conferences The consultation under section 92ZI may, at the discretion of the medical of- ficer of health, take the form of a case conference, which may be conducted by telephone or video link.
92ZK Medical officer of health must review orders (1) A medical officer of health must— 10 15 (a) (b) (c) (d) regularly review each order that is in effect in the health district or dis- tricts for which the officer is responsible; and consider whether the order is still required; and apply to the District Court to cancel the order under section 92ZL if he or she is satisfied that the order is no longer required; and 20 if directed by the Director-General to do so, advise the Director-General why the order needs to continue in effect.
(2) A medical officer of health may apply to the District Court for variation of an (3) order under section 92ZL(2).

If, following a review, a medical officer of health wishes to apply for an exten- sion of the duration of an order, the application must be made under section 92X.
92ZL District Court may cancel or vary orders The District Court may, on the application of a medical officer of health or of the individual concerned, cancel an order made under this Part if the court is satisfied that the order is no longer required.
The court may, on the application of a medical officer of health or of the indi- vidual concerned, vary the terms of an order by making a determination that the court is otherwise authorised to make under this Part and that the court con- siders desirable in the circumstances.
If the medical officer of health applies to the court to cancel an order, the order is suspended, and the individual subject to the order ceases to be required to comply with the terms of the order until the court has determined the applica- tion to cancel the order.

(1) (2) (3) 26 25 30 35 Health (Protection) Amendment Bill Part 1 cl 7 (4) (5) The medical officer of health must send to the Director-General a copy of every application under this section.
The court may deal with an application under this section on the papers if the parties agree.

92ZM Medical officer of health and individual may agree on variation 5 (1) This section applies if— (a) (b) an order (other than an urgent public health order) under this Part is in effect; and a medical officer of health is satisfied that the public health risk posed by the individual who is the subject of the order can be met by a less re- strictive measure than that provided for by the order.
10 (2) The medical officer of health and the individual may agree in writing that the individual may comply with the order by accepting, and complying with, the less restrictive measure.

(3) An agreement under subsection (2) has effect according to its tenor as long 15 as the individual complies with the agreement.
(4) (5) (6) If the medical officer of health believes on reasonable grounds that the indi- vidual has breached the agreement in a material respect, the medical officer of health may, by written notice to the individual, cancel the agreement, and the order then has effect in its original form.

20 The power conferred by subsection (2) is subject to any directions, condi- tions, or limitations concerning the power given or imposed by the District Court.
The medical officer of health must send to the Director-General a copy of every agreement made under subsection (2) .

25 92ZM Confidentiality Despite anything in the Privacy Act 1993, information provided or obtained under an order under this Part may not be used or disclosed by anyone except for the effective management of infectious diseases, but nothing in this section limits the right of an individual to access or disclose information about him or her under that Act or any other Act.
Subpart 4—Appeals and enforcement 92ZN Appeals to High Court (1) A medical officer of health and an individual in respect of whom an order has been made under this Part (other than an urgent public health order made under section 92Z) may each appeal to the High Court against the decision of the District Court.
30 35 27 Part 1 cl 7 Health (Protection) Amendment Bill (2) The medical officer of health may appeal against the dismissal of an applica- tion under this Part or against the District Court’s refusal to make an order, or impose a requirement, sought in the application.

(2A) The individual may appeal against— (a) (b) (c) the order, or any part of the order: a variation of the order: an extension of the order.
(3) Subject to subsection (4), the High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.

(4) On the without notice application of the appellant, the District Court may order that the appellant is not required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
5 10 (5) (6) Subject to section 92ZO, the decision of the High Court on an appeal to that court under this section is final.

15 The medical officer of health must send to the Director-General a copy of every notice of appeal under this section.

(7) Appeals under this section should be heard as soon as practicable.
92ZO Appeals to Court of Appeal (1) A party to any appeal under section 92ZN may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in that appeal.

20 (2) On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had.
(3) The decision of the Court of Appeal on an appeal to that court under this sec- tion, and on an application to it under this section for leave to appeal, is final.

25 (4) Appeals under this section should be heard as soon as practicable.
92ZP Enforcement of order by medical officer of health (1) A medical officer of health may require an individual to comply with an order made under this Part that imposes requirements on the individual, and in doing so may be assisted by any number of assistants (who may be or include con- stables) and use any force that is reasonable in the circumstances.

30 (2) However, in no case may force be used to require an individual to accept med- ical treatment.
(3) The medical officer of health must promptly advise the Director-General of any force used for the purpose of requiring an individual to comply with an order.

35 28 Health (Protection) Amendment Bill Part 1 cl 7 92ZQ Offence not to comply with order (1) An individual commits an offence who, without reasonable excuse, intentional- ly fails to comply with an order made under this Part that is binding on the in- dividual.
(2) An individual who commits an offence against this section is liable on convic- tion to a term of imprisonment not exceeding 6 months or to a fine not exceed- ing $2,000.

5 (3) (4) The District Court may, instead of imposing a sentence, make an order under one or both of sections 92T and or 92ZB.

This section does not limit the power of the District Court to punish the failure or refusal to comply with an order made by a court as a contempt of court.
10 92ZQA Offence to obstruct compliance with order (1) This section applies to— (a) a parent, guardian, or person in charge of an individual aged under 16 years; and 15 (b) a person in charge of an individual who is lacking in legal capacity.

(2) A person to whom this section applies commits an offence who intentionally obstructs that other individual’s compliance with an order made under this Part.
(3) A person who commits an offence against subsection (2) is liable on convic- tion to a fine not exceeding $2,000.
20 Subpart 5—Contact tracing 92ZR Purpose of contact tracing The purpose of contact tracing is to obtain information about the contacts of persons with infectious diseases or suspected of having infectious diseases in order to— 25 (a) identify the source of the infectious disease or suspected infectious dis- ease: (b) make the contacts aware that they too may be infected, thereby encour- aging them to seek testing and treatment if necessary: (c) limit the transmission of the infectious disease or suspected infectious disease.
30 92ZS What contact tracing involves Contact tracing, in respect of an individual with an infectious disease or sus- pected of having an infectious disease, involves— (a) (b) ascertaining the identity of each of the individual’s contacts; and 35 talking to communicating with each contact, so far as this is practicable and appropriate; and 29 Part 1 cl 7 Health (Protection) Amendment Bill (c) (d) ascertaining the circumstances in which the infectious disease or suspec- ted infectious disease may have been transmitted to or by the contact; and providing information and advice to the contact about the risks that the contact faces because of his or her exposure to the infectious disease or suspected infectious disease, including, where appropriate, advice about— 5 (i) (ii) (iii) (iv) medical examinations for the infectious disease or suspected in- fectious disease; and the risk that the contact may have transmitted the infectious dis- ease or suspected infectious disease to others; and 10 the risk that the contact may pose to others; and appropriate exclusion, treatment, and prophylaxis; and (e) obtaining information about the contacts of that contact, including infor- mation required under section 92ZV in relation to those other contacts.
15 92ZT Who may be contact tracer (1) For the purposes of this Part, in any case involving proposed or actual contact tracing in respect of an individual, the contact tracer may be a— (a) medical officer of health: (b) (c) health protection officer: 20 suitably qualified person person suitably qualified in health or communi- ty work who is nominated to undertake contact tracing by a district health board or medical officer of health.
(2) To avoid doubt, nothing in this Part makes it unlawful to undertake contact tracing otherwise than under this Part.

25 92ZU Appropriateness of contact tracing (1) The contact tracer may form the view that contact tracing in respect of an indi- vidual with an infectious disease or suspected of having an infectious disease should be undertaken if the contact tracer considers that the purpose of contact tracing is likely to be achieved by doing so.
(2) If the contact tracer is a medical officer of health, he or she may take into ac- count any recommendation made by the individual’s medical practitioner.
92ZV Duty of individual with infectious disease to provide information about contacts If the contact tracer has, under section 92ZU, formed the view that contact tracing in respect of an individual with an infectious disease or suspected of having an infectious disease should be undertaken, the contact tracer may di- rect require the individual to give the contact tracer information about the cir- (1) 30 30 35 Health (Protection) Amendment Bill Part 1 cl 7 cumstances in which the infectious disease may have been transmitted to, or by, the individual.
(2) Before directing requiring an individual under subsection (1), the contact tracer must inform the individual of the reasons for the direction requirement.
(3) An individual with an infectious disease or suspected of having an infectious disease must, if directed required by the contact tracer, provide information about— 5 (a) (b) those people with whom he or she is, and has been, in contact: the circumstances in which he or she believes he or she contracted, or may have transmitted, the infectious disease.
10 (4) For the purposes of subsection (3), the information the individual with an in- fectious disease or suspected of having an infectious disease may be required to provide about each person with whom he or she has been in contact includes— (a) (b) (c) (d) (e) the name of each contact: the age of each contact: the sex of each contact: the address and other contact details of each contact: any other information required by regulations made under this Act.
(5) If the individual is under 16 years of age, or lacks legal capacity, or the indi- vidual is deceased, the contact tracer may require that the applicable one of the following persons provide the information: (a) (b) (c) the parent, guardian, or person in charge of the individual who is under 16 years of age: the person in charge of the individual who lacks legal capacity: the individual’s legal representative.
92ZW Consideration as to whether contact tracing can be undertaken by indi- vidual (1) Before requiring information from an individual under section 92ZV, the contact tracer must consider whether the information is necessary, taking into account— (a) (b) the seriousness of the public health risk posed by the individual; and the ability and willingness of the individual to undertake the contact tracing.
(2) If the contact tracer considers that it would be appropriate for the individual to undertake the contact tracing, the contact tracer must ask the individual to undertake the contact tracing, to the extent of the individual’s ability, and to re- port back to the contact tracer by a time specified by the contact tracer.
15 20 25 30 35 31 Part 1 cl 7 Health (Protection) Amendment Bill 92ZX When contact tracer may undertake contact tracing (1) (2) (3) This section applies whenever a contact tracer requires an individual to provide information under section 92ZV and one of the following applies: (a) the contact tracer does not consider that it would be possible or appropri- ate for the individual to undertake the contact tracing; or 5 (b) the contact tracer has asked the individual to undertake the contact trac- ing, and the contact tracer is not satisfied that the contact tracing has been undertaken or that it has been undertaken adequately.
If this section applies, the contact tracer or his or her delegate may undertake the contact tracing.

10 The contact tracer must, wherever practicable, inform the individual of the course of action taken under subsection (2).
92ZY Contact tracer may require certain persons to provide information (1) For the purpose of identifying the contacts of an individual who has been given a direction under section 92ZV, a contact tracer may approach a person spe- cified in subsection (2) and require that person to provide the contact tracer with the names and addresses of the contacts of the individual that are known to the person.
(2) The persons are— (a) (b) (c) (d) the employer of the individual: an educational institution attended by the individual: any business or other organisation that the individual has dealt with: an event co-ordinator or other person likely to have a list of persons at- tending an event.

(3) A person referred to in subsection (2) must provide information in response to a request made under subsection (1) despite anything in the Privacy Act 1993.
(4) Despite anything in the Privacy Act 1993, if a person requires another person to provide information under this section,— (a) (b) the person required to provide the information must comply with the re- quirement and be advised that the information must be provided for the effective management of infectious diseases; and nothing in this section limits the right of an individual to access or dis- close information about him or her under that Act or any other Act.
92ZZ Duty of confidentiality (1) A contact tracer who approaches a contact under this Part or approaches a per- son under section 92ZY must not, as far as practicable, disclose to the contact or that other person the identity of the individual who may have— 15 20 25 30 35 32 Health (Protection) Amendment Bill Part 1 cl 7 (a) (b) transmitted the infectious disease to the contact; or exposed the contact to the risk of contracting the infectious disease.
(2) Despite anything in the Privacy Act 1993, information provided or obtained by a contact tracer under this Part may not be used or disclosed by anyone except for the effective management of infectious diseases, but nothing in this section limits the right of an individual to access or disclose information about him or her under that Act or any other Act.
92ZZA Contact tracer may delegate functions, duties, or powers (1) A contact tracer may delegate any of his or her functions, duties, or powers under this Part, except this power of delegation, to a person who is suitably qualified to exercise those powers or perform those duties and functions.

(2) The contact tracer must make the delegation in writing and sign it.

(3) A delegation under this section may be subject to any conditions stated in the delegation.
(4) (5) (6) The contact tracer is not prevented from exercising or carrying out, or affected in his or her exercising or carrying out of, any of the delegated functions, du- ties, or powers.

The delegate may carry out the functions and duties, and exercise the powers, in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act.
Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delega- tion.

5 10 15 20 92ZZB Status of delegations (1) A delegation made under section 92ZZA continues in force according to its 25 tenor until it is revoked.

(2) A delegation made by a medical officer of health who has ceased to hold office continues to have effect as if made by the medical officer of health’s successor.
(3) The maker of the delegation, or the successor to the maker, may revoke the delegation at any time by written notice to the delegate.
30 92ZZC Offence to fail to comply with direction to provide required information about contacts (1) A person commits an offence who, having been required to provide informa- tion under section 92ZV or 92ZY,— (a) without reasonable excuse, fails to give the required information; or 35 (b) intentionally omits any part of that information or gives any information that the person knows to be false.
33 Part 1 cl 8 Health (Protection) Amendment Bill (2) A person who commits an offence against subsection (1) is liable on convic- tion to a fine not exceeding $2,000.
8 Section 117 amended (Regulations as to public health) (1) After section 117(1)(d), insert: (da) the management of persons with, or suspecting of having, infectious dis- eases, including persons subject to an urgent public health order or a court order under Part 3A, and their contacts, including the power of a medical officer of health to give directions and the power of the District Court to make public health orders: (2) After section 117(1)(h), insert: (ha) the identification of, and communication with, contacts of persons with, or suspected of having, infectious diseases: (3) In section 117(1)(r), before “the notifications”, insert “prescribing the form and content of ”.
(4) After section 117(1)(r), insert: (ra) (rb) prescribing identifying information for the purpose of section 74(3C)(b): prescribing, for the purposes of section 115, the infringement fee or in- fringement fees payable in respect of an infringement offence, which,— (i) (ii) in the case of an individual, may not exceed $1,000: in the case of a body corporate, may not exceed $5,000: (rc) prescribing, for the purposes of section 116A (and for the purposes of the procedure in section 21 of the Summary Proceedings Act 1957 as modified and applied by section 116A), the form of infringement noti- ces and reminder notices for infringement offences, and any other par- ticulars to be contained in infringement notices and reminder notices: 9 (1) (2) (3) 10 (1) Section 125 amended (Medical examination of children) In section 125(1), replace the definition of child care centre with: early childhood education and care centre has the same meaning as in sec- tion 310(1) of the Education Act 1989 In section 125(1), definition of private school, replace “a child care centre” with “an early childhood education and care centre”.
30 In section 125(2), replace “child care centre” with “early childhood education and care centre”.

Schedule 1 amended In Schedule 1, Part 1, section B, repeal the item relating to Acquired Immuno- deficiency Syndrome.
35 (2) In Schedule 1, Part 1, section B, insert in its appropriate alphabetical order: 34 Health (Protection) Amendment Bill Part 1 cl 12C Tuberculosis (3) In Schedule 1, Part 1, after section B, insert: Section C—Infectious diseases notifiable to medical officer of health without identifying information of patient or deceased person (4) In Schedule 1, Part 1, after the new section C cross-heading, insert: Acquired Immunodeficiency Syndrome Gonorrhoeal infection Human Immunodeficiency Virus (HIV) infection Syphilis (5) In Schedule 1, Part 2, repeal the items relating to— (a) (b) (c) Gonorrhoeal infection; and Syphilis; and Venereal granuloma.
(6) In Schedule 1, Part 2, insert in their appropriate alphabetical order: Chlamydia Soft chancre Venereal granuloma (Lymphogranuloma venereum or granuloma inguinale) Venereal warts Consequential repeal and revocations 11 Repeal of Tuberculosis Act 1948 The Tuberculosis Act 1948 (1948 No 36) is repealed.

12 Revocation of Tuberculosis Regulations 1951 The Tuberculosis Regulations 1951 (SR 1951/290) are revoked.
12A Food Hygiene Regulations 1974 amended Regulation 19(10) of the Food Hygiene Regulations 1974 (SR 1974/169) is re- voked.

12B Health (Infectious and Notifiable Diseases) Regulations 1966 amended Regulation 3 of the Health (Infectious and Notifiable Diseases) Regulations 1966 (SR 1966/87) is revoked.

30 12C Revocation of Venereal Diseases Regulations 1982 The Venereal Diseases Regulations 1982 (SR 1982/215) are revoked.
35 Part 1 cl 12D Health (Protection) Amendment Bill 12D District Courts Rules 2014 amended (1) (2) In rule 20.13(1)(o) of the District Courts Rules 2014 (LI 2014/179), replace “section 126” with “Part 3A and section 126”.

Rule 20.13(1)(x) of those rules is revoked.
12E Social Security (Long-term Residential Care) Regulations 2005 amended 5 In regulation 5(h) of the Social Security (Long-term Residential Care) Regula- tions 2005 (SR 2005/183), replace paragraph (h) with: (h) is residing in a hospital or other place of residence as a result of the mak- ing of a direction or an order under section 92G(4)(f), 92H(4)(f), 92I(3)(f), 92U(1)(a) or (b), or 92ZD(2) of the Health Act 1956; or 10 Part 2 Artificial UV tanning services 13 New Part 5 inserted After section 112ZP, insert: Part 5 Artificial UV tanning services Preliminary provision 15 113 Interpretation In this Part, unless the context otherwise requires,— approved evidence of age document has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012 20 artificial UV tanning services means the provision, for payment or other con- sideration, of ultraviolet (UV) radiation via sunbeds, sunlamps, or any other de- vice that emits UV radiation.
Ban on provision of services to persons under 18 years 25 114 Ban on providing artificial UV tanning services to persons under 18 years (1) (2) This section applies to owners and operators of premises providing artificial UV tanning services.

The owner or operator must not provide artificial UV tanning services to a per- son under the age of 18 years.
30 (3) A person who contravenes subsection (2) commits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $2,000: 36 Health (Protection) Amendment Bill Part 2 cl 13 (4) (5) (b) in the case of a body corporate, to a fine not exceeding $10,000.
Subsection (2) does not apply to a person who provides artificial UV tanning services to a person under the age of 18 years at a hospital if a medical practi- tioner prescribed the services for the purpose of medical treatment.
It is a defence to a charge under subsection (2) if the defendant proves that,— 5 (a) before or at the time the artificial UV tanning services were provided, there was produced to the defendant a document purporting to be an ap- proved evidence of age document; and (b) the defendant believed on reasonable grounds that the document— 10 (i) (ii) (iii) was in fact an approved evidence of age document; and related to the person to whom the artificial UV tanning services were provided; and indicated that the person to whom artificial UV tanning services were provided was aged 18 years or over.
15 Infringement offences 115 Infringement offences In this section and sections 116 to 116B,— infringement fee, in relation to an infringement offence, means an amount pre- scribed for the purposes of this section in regulations made under section 117(1)(rb) infringement offence means an offence against section 114 or any regula- tions made under section 119(d) in relation to artificial UV tanning services.
20 116 Commission of infringement offences A person who is alleged to have committed an infringement offence may either— 25 (a) be proceeded against for the alleged offence by filing a charging docu- ment under section 14 of the Criminal Procedure Act 2011; or (b) be served with an infringement notice as provided for in section 116A.
116A Infringement notices (1) If a person authorised to issue infringement notices under this section observes a person committing an infringement offence, or he or she has reasonable cause to believe that such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.
(2) Any person authorised to issue infringement notices under this section (not necessarily the person who issued the notice) may deliver the infringement no- tice (or a copy of it) to the person alleged to have committed an infringement 30 35 37 Part 2 cl 13 Health (Protection) Amendment Bill offence personally or by post addressed to that person’s last known place of residence or business.
(3) An infringement notice (or a copy of it) sent to a person under subsection (2) is to be treated as having been served on that person when it was posted.
(4) Every infringement notice must be in the prescribed form and must contain the following particulars: 5 (a) (b) (c) (d) (e) (f) (g) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and the amount of the infringement fee; and the address of the place at which the infringement fee may be paid; and 10 the time within which the infringement fee must be paid; and a summary of the provisions of section 21(10) of the Summary Proceed- ings Act 1957; and a statement that the person served with the notice has a right to request a hearing; and 15 a statement of what will happen if the person served with the notice nei- ther pays the infringement fee nor requests a hearing; and (h) any other particulars that may be prescribed.
(5) If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with the necessary modifications.
(6) For the purposes of this section, the following persons are authorised to issue infringement notices under this section: (a) (b) any environmental health officer: any person, whether or not an employee of the Ministry or a local au- thority, who is authorised in writing by the Director-General to issue in- fringement notices under this section.

20 25 116B Payment of infringement fees Infringement fees for infringement notices issued on behalf of the Ministry are payable to the Ministry.
30 Infringement fees for infringement notices issued on behalf of a local authority are payable to the local authority.

(1) (2) 38 Health (Protection) Amendment Bill Legislative history 31 July 2014 6 November 2014 Introduction (Bill 234–1) First reading and referral to Health Committee Wellington, New Zealand: Published under the authority of the House of Representatives—2015 39