Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846534325.pdf (New Zealand)
Reprint as at 1 August 2020 Health Act 1956 Public Act 1956 No 65 Date of assent 25 October 1956 Commencement see section 1(2) Contents Title Short Title and commencement Interpretation Power of Governor-General in Council to amend Schedules Part 1 Administration Ministry of Health Function of Ministry in relation to public health Director of Public Health Director-General to produce annual report on current state of public health Director of Public Health may provide advice or reports to Minister Public Health Group Public Health Group to consult Department of Health [Repealed] Director-General of Health [Repealed] Page 14 15 15 20 20 20 21 21 21 22 22 22 1 2 3 3A 3B 3C 3D 3E 3F 4 5 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.
1 Health Act 1956 Reprinted as at 1 August 2020 Deputy Directors-General and Assistant Directors-General of Health [Repealed] Delegation of powers by Director-General [Repealed] Other officers and employees [Repealed] Part-time deputy medical officers of health [Repealed] Principal functions of Department [Repealed] Medical officers of health and other officers Conservation of public health in areas outside jurisdiction of local authorities Delegation of powers by Minister [Repealed] Advisory committees and subcommittees [Repealed] Annual report [Repealed] Board of Health [Repealed] Board of Health [Repealed] Chairman and deputy chairman [Repealed] Remuneration and travelling allowances [Repealed] Meetings and procedure of Board [Repealed] Seal of Board [Repealed] Secretary to Board [Repealed] Functions of Board [Repealed] Board may be appointed as a commission of inquiry [Repealed] Committees of Board [Repealed] Ad hoc subcommittees [Repealed] Health districts Health districts Medical officer of health for every health district [Repealed] Evidence of authority of medical officer or health protection officer Certain officers to have functions of medical officers of health Powers of departmental officers under Factories and Commercial Premises Act 1981 [Repealed] Personal information Interpretation Disclosure of health information Duty to provide health information Duty to provide information for purposes of blood collection Communication of information for diagnostic and other purposes Inspection of records
 Anonymous health information Offence to fail to retain health information [Repealed] Expiry of section 22I 5A 5B 6 6A 7 7A 8 9 9A 10 11 11A 18A 19 20 21 22 22A 22B 22C 22D 22E 22F 22G 22H 22I 22J 2 Reprinted as at 1 August 2020 Health Act 1956 Part 2 Powers and duties of local authorities General powers and duties of local authorities in respect of public health Governor-General may exempt
 certain local authorities [Repealed] Sanitary works Local authority to provide sanitary works Appeal against requisition or determination of Board of Health [Repealed] Local authority may raise loans for sanitary works Grants and subsidies for refuse disposal works, sewerage works, and water supplies Appointment of environmental health officers Appointment of environmental health officers by local authorities Nuisances Nuisances defined for purposes of this Act Penalties for permitting or causing nuisances Provisions of this Act as to nuisances to be in addition to other rights Provisions of this Act as to nuisances to apply to Crown Proceedings in respect of nuisances Power to abate nuisance without notice Proceedings when nuisance caused by default outside district Refuse and sanitary services [Repealed] Local authorities to make provision for removal of refuse, etc [Repealed] Further provisions as to removal of refuse, etc [Repealed] Right of local authority to use portion of reserve for depot [Repealed] Buildings Requirements of dwellinghouses as to supply of water and sanitary conveniences Sanitary requirements for business premises [Repealed] Owners or occupiers may be required to cleanse premises Local authority may require repairs and issue closing order Appeal against closing order Issue of closing order by medical officer of health Determination of closing order Closing order for premises owned by local authority Failure to comply with closing order 23 24
 25 26 27 27A Health Act 1956 Reprinted as at 1 August 2020 48 49 50 51 52 53 53A 53B 53C 54 55 56 57 58 59 60 61 62 63 Local authority may require demolition [Repealed] District Court may make demolition order [Repealed] Issue of requisition by medical officer of health [Repealed] Enforcement of demolition order [Repealed] Offences in respect of requisition or
 demolition order [Repealed] Restriction on use of materials for building [Repealed] Mortgagee may do acts required of owner Provisions where owner is a trustee Advances by local authority to owners Offensive trades Restrictions on carrying on offensive trade Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade Local authority to notify medical officer of health of registered chemical works [Repealed] Animals Local authority may restrict keeping of animals [Repealed] Restrictions on establishment of stock saleyards Appeal against decision refusing consent for stock saleyard or refusing registration of premises for stock saleyard Pollution of watercourses, etc [Repealed] Pollution of water supply [Repealed] Control of watercourses, etc [Repealed] Supply of water from polluted source [Repealed] Powers of Director-General as to polluted water supply [Repealed] Bylaws 64 65 65A 66 67 68 Bylaws General provisions as to bylaws Effect of Building Act 2004 on bylaws Penalties for breach of bylaws Mode of making bylaws Copies of bylaws to be available Duties and powers of harbour boards [Repealed] 69 Duties and powers of harbour boards [Repealed] Part 2A Drinking water 69A Purpose 4 50 50 50 50 50 50 50 51 52 52 53 53 54 54 54 55 55 55 55 55 57 58 58 59 59 59 59 Reprinted as at 1 August 2020 Health Act 1956 Application of this Part 69B 69C 69D 69E 69F 69G 69H 69I 69J 69K 69L 69M 69N 69O 69P 69Q 69R 69S 69T
 69U This Part generally to apply on commencement Application of sections 69S to 69ZC generally Application of sections 69S to 69ZC to bulk suppliers Application of sections 69S to 69ZC to water carriers Bulk suppliers, networked suppliers, and water carriers may elect earlier compliance Interpretation Interpretation All practicable steps Part binds the Crown Registration of drinking-water suppliers and certain self-suppliers Drinking-water register Applications for registration Renewal of registration by
 water carriers Duty to update details on register Removal from register Drinking-water standards Minister may issue, adopt, amend, or revoke drinking-water standards Minister must consult before issuing, adopting, or amending drinking-water standards Drinking-water standards must be notified and made available Commencement of drinking-water standards Duties of drinking-water suppliers and temporary drinking-water suppliers Duty of suppliers in relation to provision of drinking water Duties where risk to water is actual or foreseeable Duty to take reasonable steps to contribute to protection of source of drinking water Duty to comply with drinking-water standards 69V 69W Duty to take reasonable steps to supply wholesome drinking water 69X 69Y 69Z 69ZA Medical officer of health may require preparation and Duties in relation to new water sources Duty to monitor drinking water Duty to prepare and implement water safety plan implementation of water safety plan Duration of plans Review and renewal of plans 69ZB 69ZC 69ZD Duty to keep records and make them available 69ZE 69ZF Duty to investigate complaints Duty to take remedial action if drinking-water standards breached Health Act 1956 Reprinted as at 1 August 2020 69ZG Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health 69ZH Duty to provide information to
 territorial authority 69ZI Temporary supplier to notify medical officer of health of source and quality of raw water Powers of medical officer of health relating to temporary drinking- water suppliers 69ZJ Drinking-water assessors and designated officers 69ZK Director-General may appoint drinking-water assessors 69ZL 69ZM Drinking-water assessors accountable to Director-General for Functions of drinking-water assessors performance of functions Powers of drinking-water assessors and designated officers 69ZN
 Functions of designated officers 69ZO Powers of designated officers 69ZP 69ZQ Ancillary powers Restrictions on exercise of powers 69ZR Requirement for warrant to enter dwellinghouse 69ZS 69ZT Standard conditions applying where warrant executed 69ZU Drinking-water assessors and designated officers must produce identification 69ZV Inventory of things seized to be provided 69ZW Review of decisions of drinking-water assessors 69ZX Register of drinking-water assessors Recognised laboratories 69ZY Director-General may recognise laboratories 69ZZ Compliance tests must be carried out by recognised laboratory Emergency powers 69ZZA Minister may declare drinking-water emergency 69ZZB Maximum duration of drinking-water emergency declaration 69ZZC Drinking-water emergency may be declared or continued even if other emergency declared 69ZZD Special powers of designated officers during drinking-water emergency 69ZZE Compensation for property requisitioned or destroyed 69ZZF Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991 69ZZG Effect of exemption Compliance orders 69ZZH Medical officer of health may issue compliance order 69ZZI Compliance with compliance order 69ZZJ Form and content of compliance order Reprinted as at 1 August 2020 Health Act 1956 69ZZK Appeals 69ZZL Stay of compliance order pending appeal 69ZZM
 Variation and cancellation of compliance order 69ZZN Appeals against decision on change or cancellation of compliance order Contamination of water supplies and sources 69ZZO Contamination of raw water or pollution of water supply 69ZZP Local authority may be required to warn users of self-supplied building water supplies about contamination Offences 69ZZQ Offence to supply or transport water if not registered 69ZZR Offences against sections in this Part 69ZZS Strict liability and defence to offences 69ZZT Offences
 involving deception 69ZZU Time for filing charging document 69ZZV Penalties 69ZZW Additional penalty for certain offences for commercial gain 69ZZX Liability of principal for acts of agents Miscellaneous 69ZZY Regulations 69ZZZ Protecting water supplies from risk of back-flow 69ZZZA Keeping, inspection, and copying of registers 69ZZZB Director-General must publish annual report 69ZZZC Statements by Director-General 69ZZZD Protection of persons performing or exercising functions, duties, or powers under this Part 69ZZZE Relationship between this Part and other enactments Part 3 Infectious and notifiable diseases 72 71A 70 71 Special powers of medical officer of health Powers of medical officer of health on outbreak of infectious disease Power of constables to assist medical officer of health in relation to infectious diseases Offences relating to obstructing medical officer of health or people assisting medical officer of health Medical officer of health may cause sanitary works to be undertaken 74 Health practitioners to give notice of cases of notifiable disease 74AA Medical laboratories to give notice of cases of notifiable disease 74A National Cervical Screening Register [Repealed] Health Act 1956 Reprinted as at 1 August 2020 Medical laboratories may be required to give notice of cases of disease during epidemic Priorities for medicines
 Redirection of aircraft Duty of occupier of premises as to infectious disease Duty of master of vessel in harbour as to infectious disease Medical officer of health may enter premises Director-General of Health may order post-mortem examination Isolation of persons likely to spread infectious disease [Repealed] Offences in respect of infectious or communicable diseases Power of local authority to disinfect premises Medical officer of health may order premises to be disinfected Infected articles may be
 destroyed Establishment of mortuaries and disinfecting stations Notice of death from infectious disease Duties of local authorities as to burials Compensation for persons injuriously affected Communicable diseases occurring in animals Venereal disease [Repealed] Persons suffering from venereal disease to undergo treatment [Repealed] Duty of medical practitioner as to patient suffering from venereal disease [Repealed] Treatment of children [Repealed] Persons other than medical practitioners treating venereal disease [Repealed] Infecting any person with venereal disease [Repealed] Part 3A Management of infectious diseases Subpart 1—Overarching principles Principles to be taken into account Paramount consideration Respect for individuals Voluntary compliance Individual to be informed Principle of proportionality Least restrictive alternative Measures to apply no longer than necessary Subpart 2—Directions Medical officer of health may give directions to individual posing public health risk 74B 74C 74D 75 76 77 78 79 80 81 82 83 84 85 86 87 87A 88 89 90 91 92 92A 92B 92C 92D 92E 92F 92G 92H 92I 8 Reprinted as at 1 August 2020 Health Act 1956 92J 92K 92L 92M 92N 92O 92P 92Q 92R 92S 92T 92U 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 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 Confidentiality Compliance with directions Offence for failing to comply with directions 92V 92W Offence to obstruct
 compliance with directions 92X Duty of care relating to individuals under 16 years and persons lacking in legal capacity Force not permissible 92Y Subpart 3—Orders Public health orders District Court may make public health order 92Z 92ZA Public health order may impose certain requirements on individual 92ZB Matters that District Court may take into account in assessing public health risk Duration of public health order 92ZC 92ZD Public health order may be extended 92ZE Relationship between directions and public health orders Urgent public health orders 92ZF Medical officer of health may make urgent public health order 92ZG Duration of urgent public health order Medical examination orders and orders concerning contacts 92ZH Medical examination orders 92ZI District Court may make public health order contingent on examinations establishing infectious disease Order for contacts 92ZJ 142 143 145 146 146 146 147 147 147 147 148 148 148 148 149 149 150 150 151 152 152 152 153 154 154 155 155 92ZK Proceedings under this Part in District Court to be heard by Family 156 Court Judges, if practicable Proceedings 9 Health Act 1956 Reprinted as at 1 August 2020 92ZL 92ZM District Court may appoint lawyers to act for individuals under 16 Proceedings under this Part not open to public years General provisions concerning orders 92ZN Application for order 92ZO Prior consultation with individual and individual’s family or whānau Case conferences 92ZP 92ZQ Medical officer of health must
 review orders 92ZR 92ZS District Court may cancel or vary orders Confidentiality Subpart 4—Appeals and enforcement Appeals to High Court 92ZT 92ZU Appeals to Court of Appeal 92ZV Enforcement of order by medical officer of health 92ZW Offence not to comply with order 92ZX Offence to obstruct compliance with order Subpart 5—Contact tracing 92ZY Purpose of contact tracing 92ZZ What contact tracing involves 92ZZA Who may be contact tracer 92ZZB Appropriateness of contact tracing 92ZZC Duty of individual with
 infectious disease to provide information about contacts 92ZZD Consideration as to whether contact tracing can be undertaken by individual 92ZZE When contact tracer may undertake contact tracing 92ZZF Contact tracer may require certain persons to provide information 92ZZG Duty of confidentiality 92ZZH Offence to fail to comply with direction to provide required information about contacts Part 4 Quarantine Port health officers [Repealed] Places of inspection for ships Infected places Ships and aircraft liable to quarantine People liable to quarantine People liable to quarantine to comply with directions and supply information Detention of craft and people Lifting of detention of craft 93 94 95 96 97 97A 97B 97C Reprinted as at 1 August 2020 Health Act 1956 97D Powers and duties of medical officer of health or health protection officer in relation to quarantinable diseases Surveillance of certain people liable to quarantine Children and people under disability Offences against this Part Continuance of liability to quarantine Restrictions applying while ship liable to quarantine Quarantine signal for ships Inspection of ship or aircraft liable to quarantine Ship’s declaration of health Aircraft declaration [Repealed] Offences under last 2 preceding sections [Repealed] Ship arriving from infected place Ship with quarantinable disease on board
 Grant of pratique Persons suffering from quarantinable disease Infected baggage, cargo, or stores Disinfection and fumigation of craft Power to board any ship and inspect Offences 97E 97F 97G 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 112AA Sections 70 and 71 and this Part operate independently Part 4A National Cervical Screening Programme 112A 112B Purpose Interpretation Operation of NCSP 112C 112D 112E 112F 112G 112H 112I 112J 112K Appointment of persons to operate NCSP Objectives of NCSP
 Enrolment in NCSP Duties of NCSP manager that relate to enrolled women Procedure to prevent or cancel enrolment in NCSP Duties of NCSP manager when women cancel enrolment in NCSP Procedure to re-enrol in NCSP Certain information held by NCSP must not be disclosed Delegation of functions and powers Duties to provide information to women and to NCSP Duties of persons taking specimens for screening tests 112L 112M Duty of persons performing colposcopic procedure Duty of laboratories where specimens are analysed 112N Review of NCSP and duty of Director-General to report 112O 112P Work of review committee Establishment of NCSP review committee Health Act 1956 Reprinted as at 1 August 2020 112Q 112R 112S Review committee’s access to information Report by review committee Duty of Director-General to report Screening programme evaluators 112T Meaning of evaluate 112U 112V 112W Criteria for designating persons who are not Ministry employees 112X Director-General may designate screening programme evaluators Criteria for designating employees of Ministry Power of screening programme evaluators to access specimens and health information Duties of screening programme evaluators Duties of persons to whom evaluation material is supplied by screening programme evaluator 112Y 112Z 112ZA Screening programme evaluator may publish
 non-identifiable information obtained during evaluation Duties to provide information to screening programme evaluators 112ZB Duty of health practitioners 112ZC Duty of persons who hold specimens 112ZD Duty of hospitals Miscellaneous 112ZE Screening programme employees may retain, access, use, and disclose information to perform functions 112ZF Regulations 112ZG Incorporation of standards by reference in regulations 112ZH Effect of amendments to, or replacement of, standards incorporated 112ZI 112ZJ by reference in
 regulations Proof of standards incorporated by reference Effect of expiry or revocation of standards incorporated by reference 112ZK Requirement to consult 112ZL Access to standards incorporated by reference 112ZM Application of Legislation Act 2012 to standards incorporated by reference 112ZN Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference [Repealed] 112ZO Application of Standards and Accreditation Act 2015 not affected 112ZP Offences Part 5 Artificial UV tanning services Preliminary provision 113 Interpretation 12 188 188 188 189 189 189 190 190 191 192 193 193 194 194 194 195 196 197 197 197 197 198 199 200 200 200 200 Reprinted as at 1 August 2020 Health Act 1956 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 Part 6 Regulations 117 118 119 120 120A 120B 120C 121 121A 122 Regulations as to public health Regulations as to quarantine Regulations as to noxious substances and gases and dangerous goods Regulations as to registration Regulations as to homes and day-care centres for aged persons Regulations as to camping grounds Regulations as to housing improvement and overcrowding Regulations as to qualifications of environmental health officers appointed by local authorities Regulations as to
 retention of health information Special provisions as to regulations Part 7 Miscellaneous provisions Powers of Director-General on default by local authority 123 123A Mandamus 124 125 126 126A 126B 127 Constitution and powers of boards of appeal [Repealed] Medical examination of children Infirm and neglected persons Persons attempting to commit suicide [Repealed] Blood transfusions [Repealed] Attendance of medical officer of health at meetings of local authorities Power of entry and inspection Building Act 2004
 Protection of persons acting under authority of Act Expenses of local authorities Service of documents Procedure in respect of charges on land Bursaries Obstruction of officers Failure to disclose name of owner or occupier 128 128A 129 130 131 132 132A Health Act 1956 Reprinted as at 1 August 2020 135 136 137 137A 137B 137C 137D 137E 137F 137G 137H 138 139 140 Interference by owner or occupier General penalty for offences Offences punishable on summary conviction [Repealed] Incorporation of material by reference into regulations and compliance documents Effect of amendments to, or replacement of, material incorporated by reference Proof of material incorporated by reference Effect of expiry of material incorporated by reference Requirement to consult Access to material incorporated by reference Application of Legislation Act 2012 to material incorporated by reference Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed] Other Acts not affected Consequential amendments Repeals and savings Schedule 1 Infectious diseases Schedule 2 Diseases notifiable to medical officer of health (other than notifiable infectious diseases) Schedule 3 Offensive trades Schedule 4 Chemical works [Repealed] Schedule 5 Noxious or offensive gases [Repealed] Schedule 6 Enactments amended Schedule 7 Enactments
 repealed Schedule 8 Regulations and notices revoked An Act to consolidate and amend the law relating to public health 14 224 224 224 224 225 225 226 226 227 228 228 228 228 228 230 236 238 238 239 240 241 243 Reprinted as at 1 August 2020 Health Act 1956 s 2 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Health Act 1956.
Except as provided in section 113, this Act shall come into force on 1 January 1957.
Interpretation In this Act, unless the context otherwise requires,— aerodrome has the same meaning as in the Civil Aviation Act 1990 aircraft has the same meaning as in the Civil Aviation Act 1990 animal includes any bird, reptile, amphibian, or insect carrier, in relation to any infectious disease, means any person having in his blood, or in his nose or throat, or in his excretions, or in his discharges, the spe- cific infectious agent of that disease, though he may exhibit no other sign or symptom of that disease cleansing, in relation to any building, includes lime-washing, papering, paint- ing, and the destruction of vermin communicable disease includes any infectious disease, and any other disease declared by the Governor-General, by Order in Council, to be a communicable disease for the purposes of this Act contact, in relation to any infectious disease, means any person who has been exposed to risk of infection from an infectious disease craft means an aircraft, ship, or other device or machine, that can be used to carry or transport people or goods— (a) (b) by air; or on or under water Director-General means the chief executive under the State Sector Act 1988 of the Ministry of Health; and, in relation to any power or function delegated by that chief executive, includes any person to whom that chief executive has delegated that power or function district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000 dwellinghouse means any building, tent, caravan, or other structure or erec- tion, whether permanent or temporary, that is used or intended to be used in whole or in part for human habitation, and includes the land and any outbuild- ings and appurtenances belonging thereto or usually enjoyed therewith educational institution— (a) means any place where people gather for the purpose of education or training; and 15 s 2 Health Act 1956 Reprinted as at 1 August 2020 (b) includes an early childhood education and care centre
 within the mean- ing of section 10(1) of the Education and Training Act 2020 environmental health officer means an environmental health officer appoin- ted under section 28 or a health protection officer epidemic management notice means a notice under section 8(1) of the Epi- demic Preparedness Act 2006 epidemic notice means a notice under section 5(1) of the Epidemic Prepared- ness Act 2006 health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 health protection officer means a person designated by the Director-General as a health protection officer under this Act health provider means a person or an organisation that provides, or arranges the provision of, personal health services or public health services hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 infectious disease means any disease for the time being specified in Part 1 or Part 2 of Schedule 1 local authority means a territorial authority within the meaning of the Local Government Act 2002 medical examination, in Part 3A, 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— (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 medical examination order means an order made under section 92ZH medical officer of health means the medical officer of health appointed under this Act for a health district, and includes any deputy medical officer of health; and, for the purposes of Part 4, includes any medical practitioner acting under the direction of the medical officer of health medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New
 Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine Minister means the Minister of Health Ministry of Health means the department of the Public Service referred to by that name; and Ministry has a corresponding meaning 16 Reprinted as at 1 August 2020 Health Act 1956 s 2 notifiable disease means any notifiable infectious disease, and any disease for the time being specified in Schedule 2 notifiable infectious disease means any infectious disease for the time being specified in Part 1 of Schedule 1 offensive trade means any trade, business, manufacture, or undertaking for the time being specified in Schedule 3 owner, in relation to any land or premises, means the person for the time being entitled to receive the rent of the land or premises, whether on his own account or as the agent of or trustee for any other person, or who would be so entitled if the land or premises were let at a rent, and includes any person for the time being registered under the Land Transfer Act 2017 as owner of the land or premises passenger, in relation to a craft means any person in or on it who is not a mem- ber of its crew personal health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 personal health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 premises includes any commercial premises, private premises, vehicle, ship, or aircraft prescribed means prescribed by this Act or by regulations or bylaws there- under public health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 public health order means an order made under section 92Z public health risk, in Part 3A and sections 74 and 74AA, means a substantial risk of serious harm that 1 or more individuals who have, or may have, an infectious disease pose to the health or safety 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 public health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 quarantinable disease means a disease stated in Part 3 of Schedule 1 ship includes every description of vessel used in navigation smoke includes any fumes, gases, dust, soot, grit, or other matters produced in the process of combustion.
17 Health Act 1956 Reprinted as at 1 August 2020 If, in any proceedings for an offence against this Act or against any regulations thereunder, a question arises as to whether or not any person is a contact, as defined in subsection (1), the question shall be determined in accordance with the opinion of the medical officer of health.

The Governor-General may, by Order in Council, amend Part 3 of Schedule 1 by adding or omitting the name of a disease, or substituting a new name for a disease.
In this Act, a reference to an individual who has an infectious disease includes an individual who is infected or colonised by, or is a carrier of, an organism capable of causing the disease, even if the individual does not exhibit any of the symptoms of the disease.

Compare: 1920 No 45 s 2; 1940 No 17 ss 4, 9, 11(1), 16, 18; SR 1951/282 Section 2(1) aerodrome: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Avi- ation Act 1990 (1990 No 98).
Section 2(1) aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Avi- ation Act 1990 (1990 No 98).

Section 2(1) Board: repealed, on 1 October 1988, by section 4(3) of the Health Amendment Act 1988 (1988 No 99).

Section 2(1) chemical works: repealed, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 2(1) communicable disease: amended, on 4 January 2017, by section 4(1) of the Health (Protection) Amendment Act 2016 (2016 No 35).
Section 2(1) contact: amended, on 4 January 2017, by section 4(2) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) craft: inserted, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) Director-General: replaced, on 1 July 1993, by section 2(1) of the Health Amendment Act 1993 (1993 No 24).
Section 2(1) district health board: inserted, on 1 January 2001, by section 111(1) of the New Zea- land Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) educational institution: inserted, on 4 January 2017, by section 4(4) of the Health (Pro- tection) Amendment Act 2016 (2016 No 35).

Section 2(1) educational institution paragraph (b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Section 2(1) environmental health officer: replaced, on 1 July 1993, by section 2(2) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) epidemic management notice: inserted, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) epidemic notice: inserted, on 19 December 2006, by section 4(1) of the Health Amend- ment Act 2006 (2006 No 86).
Section 2(1) health practitioner: inserted, on 4 January 2017, by section 4(4) of the Health (Protec- tion) Amendment Act 2016 (2016 No 35).

Section 2(1) health protection officer: replaced, on 1 July 1993, by section 2(3) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) health provider: inserted, on 4 January 2017, by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).
s 2 (2) (3) (4) 18 Reprinted as at 1 August 2020 Health Act 1956 s 2 Section 2(1) hospital: replaced, on 1 October 2002, by section 58(1) of the Health and Disability Ser- vices (Safety) Act 2001 (2001 No 93).

Section 2(1) inspector: repealed, on 26 July 1988, by section 2(3) of the Health Amendment Act 1988 (1988 No 99).

Section 2(1) inspector of health: repealed, on 26 July 1988, by section 2(3) of the Health Amend- ment Act 1988 (1988 No 99).
Section 2(1) local authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) medical examination: inserted, on 4 January 2017, by section 4(4) of the Health (Pro- tection) Amendment Act 2016 (2016 No 35).

Section 2(1) medical examination order: inserted, on 4 January 2017, by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).
Section 2(1) medical officer of health: amended, on 1 July 1993, by section 2(6) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) medical officer of health: amended, on 26 November 1982, by section 2(a) of the Health Amendment Act 1982 (1982 No 34).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) Ministry of Health: inserted, on 1 July 1993, by section 2(7) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) noxious or offensive gas: repealed, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 2(1) owner: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 2(1) passenger: inserted, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).
Section 2(1) personal health: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) personal health services: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) port health officer: repealed, on 26 November 1982, by section 2(b) of the Health Amendment Act 1982 (1982 No 34).
Section 2(1) premises: replaced, on 4 January 2017, by section 4(3) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) public health: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) public health order: inserted, on 4 January 2017, by section 4(4) of the Health (Protec- tion) Amendment Act 2016 (2016 No 35).
Section 2(1) public health risk: inserted, on 4 January 2017, by section 4(4) of the Health (Protec- tion) Amendment Act 2016 (2016 No 35).

Section 2(1) public health services: inserted, on 1 January 2001, by section 111(1) of the New Zea- land Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) quarantinable disease: replaced, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).
Section 2(1) venereal disease: repealed, on 4 January 2017, by section 4(5) of the Health (Protec- tion) Amendment Act 2016 (2016 No 35).

Section 2(3): inserted, on 19 December 2006, by section 4(2) of the Health Amendment Act 2006 (2006 No 86).

19 s 3 Health Act 1956 Reprinted as at 1 August 2020 Section 2(4): inserted, on 4 January 2017, by section 4(6) of the Health (Protection) Amendment Act 2016 (2016 No 35).
3 Power of Governor-General in Council to amend Schedules The Governor-General may from time to time, by Order in Council,— (a) (b) add to or omit from any of the lists of notifiable infectious diseases, infectious diseases, and notifiable diseases set out in Schedules 1 and 2 the name or description of any disease; or add to or omit from the list of offensive trades set out in Schedule 3, or the list of chemical works set out in Schedule 4, or the list of noxious or offensive gases set out in Schedule 5, the name or description of any trade, business, manufacture, undertaking, works, gas, or fumes,— or otherwise amend any such list, and every such Order in Council shall have effect according to its tenor.
Compare: 1920 No 45 s 2 Part 1 Administration Ministry of Health Heading: amended, on 1 July 1993, pursuant to section 38(3) of the Health Amendment Act 1993 (1993 No 24).

3A Function of Ministry in relation to public health Without limiting any other enactment or rule of law, and without limiting any other functions of the Ministry or of any other person or body, the Ministry shall have the function of improving, promoting, and protecting public health.
Section 3A: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

3B Director of Public Health (1) (2) There shall be a Director of Public Health, who shall be appointed under the State Sector Act 1988 by the Director-General.
The Director of Public Health shall have the function of advising the Director- General on matters relating to public health, including— (a) (b) personal health matters relating to public health; and regulatory matters relating to public health.

(3) Nothing in this section— (a) (b) limits any other enactment or rule of law; or limits the functions of the Ministry or of any other person or body.
Section 3B: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

20 Reprinted as at 1 August 2020 Health Act 1956 Part 1 s 3E 3C Director-General to produce annual report on current state of public health (1) Without limiting section 43 of the Public Finance Act 1989, the Director- General shall in each year give to the Minister a report on the current state of public health in New Zealand.
(2) The Minister shall lay a copy of the report before the House of Representatives not later than the 12th sitting day of the House of Representatives after the date on which the Minister receives the report.

Section 3C: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 3C(1): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
3D Director of Public Health may provide advice or reports to Minister (1) Without limiting section 3B, the Director of Public Health may from time to time, on the Director’s own initiative (but only after consultation with the Director-General) or at the request of the Minister given after consultation with the Director-General,— (a) (b) advise the Minister on any matter relating to public health: report to the Minister on any matter relating to public health.
(2) In exercising the functions of the Director under this section, the Director shall not be responsible to the Director-General, but shall act independently.

(3) Nothing in subsection (2) limits the responsibility of the Director of Public Health to the Director-General for the efficient, effective, and economical man- agement of the activities of the Director of Public Health.

Section 3D: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).
3E (1) (2) (3) Public Health Group There shall be a division of the Ministry called the Public Health Group.

The Public Health Group shall consist of such employees of the Ministry as the Director-General from time to time determines.

The Public Health Group shall have the function of advising the Director- General on matters relating to public health, including— (a) (b) personal health matters relating to public health; and regulatory matters relating to public health.
(4) Nothing in this section— (a) (b) limits any other enactment or rule of law; or limits the functions of the Ministry or of any other person or body.

Section 3E: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).
21 Part 1 s 3F Health Act 1956 Reprinted as at 1 August 2020 3F Public Health Group to consult In order to ensure that the views of the public, persons involved in the provi- sion of personal health services and public health services, and other persons are able to be considered in the formulation of the Public Health Group’s advice to the Director-General under section 3E(3), the Public Health Group shall institute a programme of regular consultation with such members of the public, persons involved in the provision of personal health services and public health services, and other persons as the Director-General (after consultation with the Minister) considers appropriate, but nothing in this section shall be taken to require such consultation before each and every occasion on which such advice is formulated.
Section 3F: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amend- ment Act 1995 (1995 No 84).

Section 3F: amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

4 Department of Health [Repealed] Section 4: repealed, on 1 July 1993, by section 3(1)(a) of the Health Amendment Act 1993 (1993 No 24).
5 Director-General of Health [Repealed] Section 5: repealed, on 1 July 1993, by section 3(1)(b) of the Health Amendment Act 1993 (1993 No 24).

5A Deputy Directors-General and Assistant Directors-General of Health [Repealed] Section 5A: repealed, on 1 July 1993, by section 3(1)(b) of the Health Amendment Act 1993 (1993 No 24).

5B Delegation of powers by Director-General [Repealed] Section 5B: repealed, on 1 July 1993, by section 3(1)(c) of the Health Amendment Act 1993 (1993 No 24).
6 Other officers and employees [Repealed] Section 6: repealed, on 1 July 1993, by section 3(1)(d) of the Health Amendment Act 1993 (1993 No 24).

6A Part-time deputy medical officers of health [Repealed] Section 6A: repealed, on 1 July 1993, by section 3(1)(e) of the Health Amendment Act 1993 (1993 No 24).
22 Reprinted as at 1 August 2020 Health Act 1956 Part 1 s 7A 7 Principal functions of Department [Repealed] Section 7: repealed, on 1 July 1993, by section 3(1)(f) of the Health Amendment Act 1993 (1993 No 24).

7A Medical officers of health and other officers (1) (2) (3) (4) The Director-General shall from time to time designate as medical officers of health such persons as, in the opinion of the Director-General, are required.
Each such person designated as a medical officer of health shall be a medical practitioner suitably qualified and experienced in public health medicine.

The Director-General shall, at the time of designation of a medical officer of health, determine the health district or health districts within which the powers and duties of that medical officer of health may be exercised or performed.
The Director-General shall from time to time designate as health protection officers such persons as, in the opinion of the Director-General, are required.

(5) Notwithstanding any other enactment, the Director-General may from time to time designate, as officers who have functions, duties, or powers under any enactment administered by the Ministry that is specified in the designation, such persons as, in the opinion of the Director-General, are required.
(6) Any designation by the Director-General under this section of any person as a medical officer of health, health protection officer, or other officer may be made on such terms and conditions as the Director-General considers appropri- ate; and that person shall exercise the functions, duties, and powers of that office in accordance with any direction of the Director-General.
(7) Where by virtue of any enactment, a reasonable belief in any particular state of affairs is a prerequisite for the exercise of any power by a medical officer of health, health protection officer, or other officer designated by the Director- General, it shall be sufficient if that officer exercises that power at the direction of the Director-General (or any other person designated by the Director- General for the purposes of this subsection) so long as, at the time of giving the direction, the Director-General or other person held such a belief in that state of affairs.
(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.

Section 7A: inserted, on 1 July 1993, by section 4 of the Health Amendment Act 1993 (1993 No 24).

Section 7A(2): replaced, on 1 July 1996, by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).
Section 7A(8): inserted, on 4 January 2017, by section 5 of the Health (Protection) Amendment Act 2016 (2016 No 35).
23 Part 1 s 8 Health Act 1956 Reprinted as at 1 August 2020 8 (1) (2) (3) Conservation of public health in areas outside jurisdiction of local authorities The improvement, promotion, and protection of public health in any outlying islands or other areas that are not for the time being within the jurisdiction of any local authority or of any harbour board shall be a function of the Ministry, which for the purposes of this section shall be deemed to be a local authority.
The powers of the Ministry for the purposes of this section shall be exercisable by the Director-General or by any other officer or officers of the Ministry acting with the authority of the Director-General.

The Governor-General may by Order in Council make regulations for the pur- pose of giving effect to this section, and by any such Order in Council may apply, with the necessary modifications, any other regulations made under this Act.
(4) Any regulations made for the purposes of this section may prescribe reasonable fees to be payable by the owners or occupiers of lands within any area over which the Ministry has jurisdiction in accordance with this section, for the pur- pose of recouping the expenditure incurred by the Ministry in the exercise of its functions in such areas.

All fees payable in accordance with such regula- tions shall be recoverable as a debt due to the Crown.
For the purposes of this subsection, the term occupier, in relation to any land, includes a person in tem- porary occupation thereof, whether or not that person is in occupation as of right.

(5) Subject to the provisions of this section and to any regulations for the time being in force thereunder, all expenses incurred by the Ministry in the exercise of its powers and functions under this section shall be paid out of money to be appropriated by Parliament.
Compare: 1940 No 17 s 2 Section 8(1): amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 8(1): amended, on 1 July 1993, by section 5 of the Health Amendment Act 1993 (1993 No 24).

Section 8(2): amended, on 1 July 1993, by section 5 of the Health Amendment Act 1993 (1993 No 24).

Section 8(4): amended, on 1 July 1993, by section 5 of the Health Amendment Act 1993 (1993 No 24).
Section 8(5): amended, on 1 July 1993, by section 5 of the Health Amendment Act 1993 (1993 No 24).

9 Delegation of powers by Minister [Repealed] Section 9: repealed, on 1 July 1993, by section 6(1)(a) of the Health Amendment Act 1993 (1993 No 24).

24 Reprinted as at 1 August 2020 Health Act 1956 Part 1 s 15 9A Advisory committees and subcommittees [Repealed] Section 9A: repealed, on 1 July 1993, by section 6(1)(b) of the Health Amendment Act 1993 (1993 No 24).
10 Annual report [Repealed] Section 10: repealed, on 1 July 1993, by section 6(1)(c) of the Health Amendment Act 1993 (1993 No 24).

Board of Health [Repealed] Heading: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

11 Board of Health [Repealed] Section 11: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).
11A Chairman and deputy chairman [Repealed] Section 11A: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

12 Remuneration and travelling allowances [Repealed] Section 12: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

13 Meetings and procedure of Board [Repealed] Section 13: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).
14 Seal of Board [Repealed] Section 14: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

15 Secretary to Board [Repealed] Section 15: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

25 Part 1 s 16 Health Act 1956 Reprinted as at 1 August 2020 16 Functions of Board [Repealed] Section 16: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).
17 Board may be appointed as a commission of inquiry [Repealed] Section 17: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

18 Committees of Board [Repealed] Section 18: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

18A Ad hoc subcommittees [Repealed] Section 18A: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).
Health districts 19 (1) (2) (3) Health districts For the purposes of this Act, the Director-General may from time to time, by notice in the Gazette, declare New Zealand or any part of New Zealand to be divided into health districts, with such names and boundaries as the Director- General thinks fit.
The boundaries of every health district shall be fixed by reference to the boun- daries of the territorial authority districts comprised therein, and shall vary with any alteration in such last-mentioned boundaries.

In no case shall part only of any territorial authority district be included within the boundaries of a health district.

Section 19: replaced, on 1 July 1993, by section 7(1) of the Health Amendment Act 1993 (1993 No 24).
20 Medical officer of health for every health district [Repealed] Section 20: repealed, on 1 July 1993, by section 8(1) of the Health Amendment Act 1993 (1993 No 24).

21 Evidence of authority of medical officer or health protection officer The fact that any medical officer of health or any health protection officer exer- cises his functions in any health district shall be sufficient evidence of his authority to do so.
Compare: 1920 No 45 s 18 26 Reprinted as at 1 August 2020 Health Act 1956 Part 1 s 22B Section 21 heading: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 21: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).
22 (1) (2) Certain officers to have functions of medical officers of health Every person who holds the office of Director-General of Health shall, if that person is a medical practitioner suitably experienced and qualified in public health medicine, have all the functions of a medical officer of health, and may exercise those functions in any part of New Zealand.
Every person who holds the office of Director-General of Health and is not a medical practitioner suitably experienced and qualified in public health medi- cine shall designate a medical practitioner or medical practitioners who is or are employed in the Ministry and who is or are suitably experienced and quali- fied in public health medicine to exercise the functions of a medical officer of health in any part of New Zealand.
Section 22: replaced, on 1 July 1996, by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).

22A Powers of departmental officers under Factories and Commercial Premises Act 1981 [Repealed] Section 22A: repealed, on 1 April 1993, by section 62(1) of the Health and Safety in Employment Act 1992 (1992 No 96).

Heading: inserted, on 26 July 1988, by section 6 of the Health Amendment Act 1988 (1988 No 99).
Personal information 22B Interpretation In this section and sections 22C to 22H, unless the context otherwise requires,— agency has the same meaning as in section 2 of the Privacy Act 1993 document has the same meaning as in section 2 of the Official Information Act 1982 Health Benefits Limited has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993 health information, in relation to an identifiable individual, means— (a) (b) (c) information about the health of that individual, including that individu- al’s medical history: information about any disabilities that individual has, or has had: information about any services that are being provided, or have been provided, to that individual: 27 Part 1 s 22B Health Act 1956 Reprinted as at 1 August 2020 (d) information provided by that individual in connection with the donation, by that individual, of any body part, or any bodily substance, of that individual: (e) for the purposes of section 22E and for that purpose only, information— (i) (ii) derived from the testing or examination of any body part, or any bodily substance, donated by an individual; or otherwise relating to any part or substance so donated, or relating to the donor and relevant (whether directly or indirectly) to the donation individual means a natural person, and includes a deceased natural person representative, in relation to any individual, means,— (a) where the individual is dead, that individual’s personal representative: (b) where the individual is under the age of 16 years, that individual’s parent or guardian: (c) subject to paragraphs (a) and (b), where the individual is unable to give his or her consent or authority, a person appearing to be lawfully acting on the individual’s behalf or in that individual’s interests services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000.
Section 22B: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22B: amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B Crown health enterprise: repealed, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).
Section 22B disability services: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B funder: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B Health Benefits Limited: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 22B Health Funding Authority: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B health information paragraph (c): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B health services: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 22B hospital and health service: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B Public Health Commission: repealed, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 22B purchaser: repealed, on 1 July 1998, by section 5(4) of the Health and Disability Ser- vices Amendment Act 1998 (1998 No 74).
28 Reprinted as at 1 August 2020 Health Act 1956 Part 1 s 22C Section 22B regional health authority: repealed, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

Section 22B services: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
22C Disclosure of health information (1) Any person (being an agency that provides services or arranges the provision of services) may disclose health information— (a) if that information— (i) (ii) is required by any person specified in subsection (2); and is required (or, in the case of the purpose set out in paragraph (j) of that subsection, is essential) for the purpose set out in that sub- section in relation to the person so specified; or (b) if that disclosure is permitted— (i) (ii) by or under a code of practice issued under section 46 of the Pri- vacy Act 1993; or if no such code of practice applies in relation to the information, by any of the information privacy principles set out in section 6 of that Act.
(2) The persons and purposes referred to in subsection (1)(a) are as follows: (a) (b) (c) (d) (e) (f) any medical officer of a prison within the meaning of the Corrections Act 2004, for the purposes of exercising or performing any of that per- son’s powers, duties, or functions under that Act: any probation officer within the meaning of the Corrections Act 2004, for the purposes of exercising or performing any of that person’s powers, duties, or functions under any enactment: a Social Worker or a Care and Protection Co-ordinator within the mean- ing of the Oranga Tamariki Act 1989, for the purposes of exercising or performing any of that person’s powers, duties, or functions under that Act: any employee of the department for the time being responsible for the administration of the Social Security Act 2018, for the purposes of administering sections 206 and 207 (factors affecting benefit: hospitali- sation) of that Act: any member of the New Zealand Defence Force, for the purposes of administering the Armed Forces Discipline Act 1971 or the Defence Act 1990: any constable, for the purposes of exercising or performing any of that person’s powers, duties, or functions: (g) any employee of the Ministry of Health, for the purposes of— (i) administering this Act or the Hospitals Act 1957; or 29 Part 1 s 22C Health Act 1956 Reprinted as at 1 August 2020 (ii) compiling statistics for health purposes: (h) (i) (j) any employee of the Ministry of Agriculture and Forestry authorised by the chief executive of that Ministry
 to receive the information, for the purposes of administering the Meat Act 1981 or the Animal Products Act 1999: any employee of the New Zealand Transport Agency, for statistical or research purposes in relation to road safety or the environment: any employee of a district health board, for the purposes of exercising or performing any of that board’s powers, duties, or functions under the New Zealand Public Health and Disability Act 2000.
(3) For the purposes of principle 11(d) of the Privacy Act 1993, the disclosure of health information about an individual may be authorised— (a) by that individual personally, if he or she has attained the age of 16 years; or (b) by a representative of that individual.

(4) 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 another Act.
Section 22C: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22C(1): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22C(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 22C(2)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 22C(2)(b): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 22C(2)(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 22C(2)(d): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 22C(2)(d): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 22C(2)(f): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 22C(2)(h): replaced, on 1 November 1999, by section 8(1) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
Section 22C(2)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 22C(2)(j): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22C(4): inserted, on 4 January 2017, by section 6 of the Health (Protection) Amendment Act 2016 (2016 No 35).
30 Reprinted as at 1 August 2020 Health Act 1956 Part 1 s 22E 22D Duty to provide health information (1) (2) The Minister may at any time, by notice in writing, require any district health board to provide, in such manner as may from time to time be required, such returns or other information as is specified in the notice concerning the condi- tion or treatment of, or the services provided to, any individuals in order to obtain statistics for health purposes or for the purposes of advancing health knowledge, health education, or health research.
Subject to subsection (3), it is the duty of a district health board to provide the returns or other information specified in a notice given to it under subsection (1) within such time, and in such form, as is specified in the notice.
(3) No information that would enable the identification of an individual may be provided under this section unless— (a) (b) the individual consents to the provision of such information; or the identifying information is essential for the purposes for which the information is sought.

(4) For the purposes of subsection (3)(a), consent to the provision of information may be given— (a) by the individual personally, if he or she has attained the age of 16 years; or (b) by a representative of that individual.
Section 22D: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22D(1): replaced, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

Section 22D(1): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22D(2): replaced, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).
Section 22D(2): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
22E Duty to provide information for purposes of blood collection The Minister may, at any time, by notice in writing, require a district health board to provide to an entity appointed under section 63 of the Human Tissue Act 2008, in such manner as the Minister specifies in the notice, such informa- tion as is specified in the notice, being health information of the kind referred to in paragraph (d) or paragraph (e) of the definition of that term in section 22B.
Section 22E: replaced, on 4 July 1998, by section 2 of the Health Amendment Act 1998 (1998 No 86).

Section 22E: amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).

31 Part 1 s 22F Health Act 1956 Reprinted as at 1 August 2020 Section 22E: amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
22F Communication of information for diagnostic and other purposes (1) Every person who holds health information of any kind shall, at the request of the individual about whom the information is held, or a representative of that individual, or any other person that is providing, or is to provide, services to that individual, disclose that information to that individual or, as the case requires, to that representative or to that other person.
(2) A person that holds health information may refuse to disclose that information under this section if— (a) that person has a lawful excuse for not disclosing that information; or (b) where the information is requested by someone other than the individual about whom it is held (not being a representative of that individual), the holder of the information has reasonable grounds for believing that that individual does not wish the information to be disclosed; or (c) refusal is authorised by a code of practice issued under section 46 of the Privacy Act 1993.
(3) For the purposes of subsection (2)(a), neither— (a) (b) (c) the fact that any payment due to the holder of any information or to any other person has not been made; nor the need to avoid prejudice to the commercial position of the holder of any information or of any other person; nor the fact that disclosure is not permitted under any of the information pri- vacy principles set out in section 6 of the Privacy Act 1993— shall constitute a lawful excuse for not disclosing information under this sec- tion.
(4) Where any person refuses to disclose health information in response to a request made under this section, the person whose request is refused may make a complaint to the Privacy Commissioner under Part 8 of the Privacy Act 1993, and that Part of that Act, so far as applicable and with all necessary modifica- tions, shall apply in relation to that complaint as if the refusal to which the complaint relates were a refusal to make information available in response to an information privacy request within the meaning of that Act.
(5) Nothing in subsection (4) limits any other remedy that is available to any per- son who is aggrieved by any refusal to disclose information under this section.

Section 22F: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22F(1): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
32 Reprinted as at 1 August 2020 22G Inspection of records Health Act 1956 Part 1 s 22H (1) In this section, provider means a person who has claimed payment for services from 1 or more of the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) the Ministry of Health: a district health board: the Health Funding Authority or a person authorised by the Health Fund- ing Authority to make payments: a regional health authority or a person authorised by a regional health authority to make payments: a hospital and health service: a Crown health enterprise: an area health board: a hospital board: the Department of Health.
(2) Every provider must, forthwith after a request by the Director-General or the chief executive of a district health board or of Health Benefits Limited, make available any records of the provider that relate to the services concerned for inspection— (a) by a person authorised in writing by the Director-General or the chief executive of the district health board or Health Benefits Limited (as the case may be) for this purpose, being a person who holds a professional qualification relevant to the services provided by the provider or any other person the Director-General or the chief executive considers appro- priate; and (b) for the purpose of verifying the claim for payment.
(3) Any person authorised in accordance with subsection (2) to inspect the records of a provider may copy or take notes of those records for the purposes of the inspection.

Section 22G: inserted, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22G(1): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 22G(2): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22G(3): inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
22H Anonymous health information Notwithstanding any enactment, rule of law, or other obligation, any person may supply to any other person health information that does not enable the identification of the individual to whom the information relates.

33 Part 1 s 22I Health Act 1956 Reprinted as at 1 August 2020 Section 22H: inserted, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).
22I Offence to fail to retain health information [Repealed] Section 22I: repealed, on 1 January 1997, by section 22J.

22J Expiry of section 22I Section 22I shall expire with the close of— (a) (b) 31 December 1996; or such earlier date as may be appointed by the Governor-General by Order in Council,— whichever is the earlier, and on— (c) (d) 1 January 1997; or the day after any date appointed pursuant to paragraph (b),— whichever is the earlier, section 22I shall be deemed to have been repealed.
Section 22J: replaced, on 9 December 1994, by section 2(1) of the Health Amendment Act (No 2) 1994 (1994 No 133).
Part 2 Powers and duties of local authorities 23 General powers and duties of local authorities in respect of public health Subject to the provisions of this Act, it shall be the duty of every local authority to improve, promote, and protect public health within its district, and for that purpose every local authority is hereby empowered and directed— (a) (b) (c) (d) (e) to appoint all such environmental health officers and other officers and servants as in its opinion are necessary for the proper discharge of its duties under this Act: to cause inspection of its district to be regularly made for the purpose of ascertaining if any nuisances, or any conditions likely to be injurious to health or offensive, exist in the district: if satisfied that any nuisance, or any condition likely to be injurious to health or offensive, exists in the district, to cause all proper steps to be taken to secure the abatement of the nuisance or the removal of the con- dition: subject to the direction of the Director-General, to enforce within its dis- trict the provisions of all regulations under this Act for the time being in force in that district: to make bylaws under and for the purposes of this Act or any other Act authorising the making of bylaws for the protection of public health: 34 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 25 (f) to furnish from time to time to the medical officer of health such reports as to diseases, drinking water, and sanitary conditions within its district as the Director-General or the medical officer of health may require.
Compare: 1920 No 45 s 20 Section 23: amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 23(a): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

Section 23(d): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 23(e): amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).
Section 23(f): replaced, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 23(f): amended, on 1 July 2008, by section 4 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

24 Governor-General may exempt certain local authorities [Repealed] Section 24: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Sanitary works 25 (1) Local authority to provide sanitary works For the purposes of this section, the term sanitary works means— (a) drainage works, sewerage works, and works for the disposal of sewage; (b) waterworks; (c) (d) (e) (f) (g) (h) (i) (j) (k) works for the collection and disposal of refuse, nightsoil, and other offensive matter; sanitary conveniences for the use of the public; swimming baths; dressing sheds; [Repealed] cemeteries; crematoria; disinfecting and cleansing stations established under this Act; and any other works declared by the Governor-General by Order in Council to be sanitary works, and includes all lands, buildings, machinery, reservoirs, dams, tanks, pipes, and appliances used in connection with any such sanitary works.
35 Part 2 s 25 Health Act 1956 Reprinted as at 1 August 2020 (2) The Minister may, by notice in the Gazette, from time to time require any local authority to provide for the benefit of its district, whether within or beyond the boundaries thereof, such sanitary works as the Minister may specify in the requisition or to alter or extend any sanitary works previously provided by the local authority.
Any requisition issued under this subsection may specify a time, not being less than 3 months after the service of the requisition, within which proposals for the carrying out of the work shall be submitted to the Director-General under this section, and may contain such general directions relating to the carrying out of the work, including a direction as to the amount of expenditure to be incurred, as the Director-General thinks fit.
(3) Any 2 or more local authorities may with the Director-General’s approval, and shall if so required by the Director-General, combine for the purpose of provid- ing, altering, or extending any sanitary works pursuant to this section; and where they have combined or have been required to combine for that purpose a requisition under subsection (2) may be issued to them jointly, and any refer- ence in subsections (4) to (9) to a local authority shall be construed accord- ingly.
(4) Every requisition issued under this section shall be in writing and shall be served on the local authority.
(5) Any such requisition as aforesaid may at any time in like manner be withdrawn or modified by a further requisition under this section: provided that— (a) (b) a requisition shall not, without the consent of the local authority to which it was issued, be modified or withdrawn after the Director- General has approved the proposals of that local authority: the modification of a requisition shall not prejudice the local authority’s right to raise a loan under section 27(2).
(6) Any local authority to which a requisition is issued shall within the time speci- fied in the requisition submit to the Director-General proposals for the provi- sion, alteration, or extension of sanitary works in accordance with the requisi- tion.

The proposals shall include plans and specifications of the works and all other particulars of the work to be carried out, and an estimate of its cost.
The Director-General may approve the proposals with or without modifica- tions, which may include conditions subject to which the work is to be carried out, and the local authority shall carry out the work in accordance with the pro- posals as approved.
If the local authority fails to submit proposals within the time specified in the requisition, or if the Director-General does not approve the proposals, the Director-General may himself or herself make proposals, and any proposals so made by the Director-General shall have effect as if made and submitted by the local authority.
(7) (8) 36 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 25 (9) Before making or modifying any proposals the Director-General shall send a draft of the proposals or modifications to the local authority and shall give the local authority an opportunity of making representations in relation to the draft.

Notice of the Director-General’s final determination on the proposals shall be served on the local authority.
(10) Any expenses actually incurred by the Director-General in making or modify- ing proposals under this section, together with a reasonable charge for services rendered by any officer or employee of the Director-General or of any govern- ment department in connection therewith, shall be defrayed by the local author- ity concerned in the proposals or, if there are 2 or more local authorities con- cerned, by those authorities in such proportions as the Director-General may, in default of agreement, determine.
The expenses actually incurred may be paid in the first instance out of money appropriated by Parliament for the purpose.

(11) Any expenses so paid and any charges so made for services may be recovered as a debt due from the local authority or authorities to the Crown or may be deducted from any money payable by the Crown to the local authority or authorities.
(12) Any person authorised in writing in that behalf by the medical officer of health may at any time during the office hours of a local authority, but not so as to interfere unreasonably with the carrying out of his duties by any officer of that local authority, inspect all documents in the local authority’s possession relat- ing to any sanitary works which it is proposed, whether under this section or otherwise, to provide, alter, or extend.
(13) The obligation of a local authority to comply with the provisions of this section and with any requisition issued under this section shall not be limited by the fact that the local authority may not be empowered by any Act other than this Act to undertake works of the kind referred to in the requisition.

Compare: 1920 No 45 s 22; SR 1937/103; SR 1938/129; SR 1941/16; 1951 No 44 s 4 Section 25(1)(g): repealed, on 23 November 1973, by section 3(1) of the Health Amendment Act 1973 (1973 No 111).
Section 25(2): amended, on 23 March 1987, by section 7(1) of the Health Amendment Act 1987 (1987 No 10).

Section 25(2): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(3): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(4): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).
Section 25(5)(a): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(5)(b): amended, on 7 July 2004, by section 21 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).

Section 25(6): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

37 Part 2 s 26 Health Act 1956 Reprinted as at 1 August 2020 Section 25(7): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).
Section 25(8): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(9): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(10): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(11): replaced, on 1 July 1993, by section 12 of the Health Amendment Act 1993 (1993 No 24).
26 Appeal against requisition or determination of Board of Health [Repealed] Section 26: repealed, on 23 March 1987, by section 7(3) of the Health Amendment Act 1987 (1987 No 10).

27 Local authority may raise loans for sanitary works (1) All sanitary works within the meaning of this Act shall be deemed to be public works within the meaning of the Public Works Act 1981.
(2) Any local authority required by the Minister to provide, alter, or extend any sanitary works under this Act may raise a loan for that purpose.

Compare: 1920 No 45 s 24; 1951 No 44 s 6 Section 27(1): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).

Section 27(2): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
27A Grants and subsidies for refuse disposal works, sewerage works, and water supplies (1) There may from time to time be paid to any local authority, out of money appropriated by Parliament for the purpose, towards the cost of the investiga- tion, planning, and construction of public water supplies, refuse disposal works, sewerage works, and works for the disposal of sewage by the local authority such sums by way of grant, subsidy, or otherwise as the Minister may think fit in the particular case.
(2) For the purposes of this section, the term local authority includes the Auck- land Regional Authority.

Section 27A: replaced, on 23 March 1987, by section 11(1) of the Health Amendment Act 1987 (1987 No 10).

38 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 28 Appointment of environmental health officers Heading: amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
28 (1) Appointment of environmental health officers by local authorities For the purposes of this Part, every local authority shall, subject to the provi- sions of any regulations made under this Act, appoint 1 or more environmental health officers, being not less in any case than the number required in that behalf by the Director-General.
(2) Notwithstanding anything in subsection (1) or in any other enactment, the Min- ister may at any time, acting on the recommendation of the Director-General, by notice in writing given to 2 or more local authorities, require those local authorities to combine to appoint an environmental health officer upon and subject to such terms and conditions as to payment of the salary and expenses of the environmental health officer, and as to the apportionment of his or her duties among the local authorities, as may be agreed upon between the local authorities: (3) provided that no local authority whose district has a population of 15 000 or more shall be required, without its consent, to combine with any other local authority to appoint an environmental health officer.
If the local authorities to whom any such notice is given fail to agree on any question relating to the salary, expenses, or apportionment of duties of any such environmental health officer, the question shall be determined by the Director- General.

If any such local authority is dissatisfied with the determination of the Director-General, it may appeal to the Minister against the determination by notice in writing given within 1 month after it has received notice of the Director-General’s determination.
Notice of the appeal shall at the same time be given to the other local authorities who are parties to the dispute.

On any such appeal the Minister may either confirm the Director-General’s determin- ation or vary it as the Minister thinks fit, and the Minister’s decision shall be final and binding on the parties to the dispute.
(4) Every environmental health officer appointed under subsection (2) shall be deemed for the purposes of this Part to be the environmental health officer for each of the districts of the local authorities by whom he or she is appointed.
(5) While any regulations are in force under this Act prescribing the qualifications to be possessed by persons appointed as environmental health officers, no per- son shall be appointed by any local authority as an environmental health officer who is not qualified for appointment as such in accordance with those regula- tions.
(6) If any local authority fails to appoint or to continue to employ such number of environmental health officers as the Director-General may require, or fails to appoint an environmental health officer when required to do so by the Minister as aforesaid, any health protection officer authorised in that behalf by the 39 Part 2 s 29 Health Act 1956 Reprinted as at 1 August 2020 Director-General may carry out the duties of an environmental health officer within the district of that local authority; and in any such case the salary and expenses of that health protection officer for the period during which he or she so acts, or such proportion thereof as the Director-General may appoint, shall be payable by the local authority, and may be recovered accordingly as a debt due to the Crown, or may be deducted from any money payable to that local authority out of a Crown Bank Account or any departmental bank account.
(7) Notwithstanding anything in the foregoing provisions of this section, any local authority may with the approval of the Director-General, instead of appointing any environmental health officer as aforesaid, pay into a Crown Bank Account from time to time such sums as may be agreed on between the Director- General and the local authority towards the salary and expenses of a health pro- tection officer; and in any such case the powers, functions, and duties of an environmental health officer within the district of that local authority shall be exercised and performed by such health protection officer as for the time being is authorised in that behalf by the Director-General.
(8) No agreement entered into by a local authority for the purposes of subsection (7) shall, except with the concurrence of the Director-General, be terminated unless at least 12 months’ notice in writing of intention to terminate the agree- ment has been given to the Director-General by the local authority.

Section 28: replaced, on 1 July 1993, by section 13(1) of the Health Amendment Act 1993 (1993 No 24).
Section 28(6): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 28(7): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
29 Nuisances defined for purposes of this Act Nuisances Without limiting the meaning of the term nuisance, a nuisance shall be deemed to be created in any of the following cases, that is to say: (a) where any pool, ditch, gutter, watercourse, sanitary convenience, cess- pool, drain, or vent pipe is in such a state or is so situated as to be offen- sive or likely to be injurious to health: (b) where any accumulation or deposit is in such a state or is so situated as to be offensive or likely to be injurious to health: (c) where any premises, including any accumulation or deposit thereon, are in such a state as to harbour or to be likely to harbour rats or other ver- min: (d) where any premises are so situated, or are in such a state, as to be offen- sive or likely to be injurious to health: (e) [Repealed] 40 Reprinted as at 1 August 2020 (f) Health Act 1956 Part 2 s 29 where any building or part of a building is so overcrowded as to be likely to be injurious to the health of the occupants, or does not, as regards air space, floor space, lighting, or ventilation, conform with the requirements of this or any other Act, or of any regulation or bylaw under this or any other Act: (g) where any factory, workroom, shop, office, warehouse, or other place of trade or business is not kept in a clean state, and free from any smell or leakage from any drain or sanitary convenience: (h) where any factory, workroom, shop, office, warehouse, or other place of trade or business is not provided with appliances so as to carry off
 in a harmless and inoffensive manner any fumes, gases, vapours, dust, or impurities generated therein: (i) (j) where any factory, workroom, shop, office, warehouse, or other place of trade or business is so overcrowded while work is carried on therein, or is so badly lighted or ventilated, as to be likely to be injurious to the health of the persons employed therein: where any buildings or premises used for the keeping of animals are so constructed, situated, used, or kept, or are in such a condition, as
 to be offensive or likely to be injurious to health: (k) where any animal, or any carcass or part of a carcass, is so kept or allowed to remain as to be offensive or likely to be injurious to health: (ka) where any noise or vibration occurs in or is emitted from any building, premises, or land to a degree that is likely to be injurious to health: (l) where any trade, business, manufacture, or other undertaking is so car- ried on as to be unnecessarily offensive or likely to be injurious to health: (m) where any chimney, including the funnel of any ship and the chimney of a private dwellinghouse, sends out smoke in such quantity, or of such nature, or in such manner, as to be offensive or likely to be injurious to health, or in any manner contrary to any regulation or Act of Parliament: (n) where the burning of any waste material, rubbish, or refuse in connec- tion with any trade, business, manufacture, or other undertaking pro- duces smoke in such quantity, or of such nature, or in such manner, as to be offensive or likely to be injurious to health: (o) where any street, road, right of way, passage, yard, premises, or land is in such a state as to be offensive or likely to be injurious to health: (p) where any well or other source of water supply, or any cistern or other receptacle for water which is used or is likely to be used for domestic purposes or in the preparation of food, is so placed or constructed, or is in such a condition, as to render the water therein offensive, or liable to contamination, or likely to be injurious to health: 41 Part 2 s 30 Health Act 1956 Reprinted as at 1 August 2020 (q) where there exists on any land or premises any condition giving rise or capable of giving rise to the breeding of flies or mosquitoes or suitable for the breeding of other insects, or of mites or ticks, which are capable of causing or transmitting disease.
Compare: 1920 No 45 s 26; 1940 No 17 s 18; 1943 No 20 s 15 Section 29(d): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 29(e): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 29(ka): inserted, on 20 October 1978, by section 2 of the Health Amendment Act 1978 (1978 No 96).

Section 29(ka): amended, on 23 July 1993, by section 2 of the Health Amendment Act (No 3) 1993 (1993 No 71).
Section 29(m): amended, on 1 January 1983, by section 27(a) of the Clean Air Amendment Act 1982 (1982 No 31).

Section 29(m): amended, on 1 January 1983, by section 27(b) of the Clean Air Amendment Act 1982 (1982 No 31).

30 (1) Penalties for permitting or causing nuisances Every person by whose act, default, or sufferance a nuisance arises or con- tinues, whether that person is or is not the owner or occupier of the premises in respect of which the nuisance exists, commits an offence against this Act.
(2) Whenever, after any conviction of any offence under this section, the person convicted can lawfully abate the nuisance and fails or neglects, or continues to fail or neglect, to do so, he shall be deemed to have committed a further offence and shall be liable therefor under subsection (1).
Compare: 1920 No 45 s 27 31 Provisions of this Act as to nuisances to be in addition to other rights The provisions of this Act relating to nuisances shall be deemed not to abridge or affect any right, remedy, or proceeding under any other Act or at law or in equity: provided that no person shall be punished for the same offence both under the provisions of this Act and under any other enactment or any bylaw.
Compare: 1920 No 45 s 28 32 Provisions of this Act as to nuisances to apply to Crown The provisions of this Act relating to nuisances, including any regulations or bylaws thereunder, shall, unless otherwise specifically provided therein, apply to nuisances created by the Government or by any employee thereof in his cap- acity as such employee.

Compare: 1920 No 45 s 29 Section 32: amended, on 1 July 1993, by section 14 of the Health Amendment Act 1993 (1993 No 24).
42 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 33 33 Proceedings in respect of nuisances (1) All proceedings under this Act in respect of nuisances shall be heard and deter- mined by the District Court presided over by a District Court Judge alone.
(2) The court, if satisfied that a nuisance exists on the premises, or that, though abated, it is likely to recur, may by order— (a) (b) (c) (d) require the owner and the occupier to abate the nuisance effectively: prohibit the recurrence of the nuisance: both require the abatement and prohibit the recurrence of the nuisance: specify the works to be done in order to abate the nuisance or prevent its recurrence, and the time within which they shall be done.
(3) If the court is of opinion that by reason of the nuisance any dwelling or other building is unfit for human occupation, it may, by the same or any subsequent order, prohibit the use thereof for that purpose until the nuisance has been effectively abated to its satisfaction, or until provision has been made to its sat- isfaction to prevent the recurrence of the nuisance.
(4) Any order made under subsection (3) may be rescinded by the court when it is satisfied that the nuisance has been effectively abated, or, as the case may be, that due provision has been made to prevent its recurrence; but until the order is rescinded it shall not be lawful to let or occupy the house or building to which the order relates.

(5) (6) (7) Every person commits an offence against this Act who makes default in duly complying with any order made under the foregoing provisions of this section.
If the default consists of not doing the works necessary in order to abate the nuisance effectively, or to prevent its recurrence, the local authority, or the medical officer of health on behalf of the local authority, shall cause the works to be done at the expense in all things of the owner and the occupier, who shall be jointly and severally liable for the cost of the works.
If there is no known owner or occupier of the land or premises on which any such nuisance as aforesaid exists, or if the owner or occupier cannot be found, the court may by order direct that the nuisance be abated by the local authority or medical officer of health at the expense of the local authority.
(8) All expenses incurred by or on behalf of the local authority under this section, together with reasonable costs in respect of the services of the local authority, shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred as a debt due to the local authority, and until paid they shall by virtue of this Act be deemed to be a charge on the land on which the premises are situated.
(9) All materials, refuse, and things removed by the local authority or the medical officer of health in abating any such nuisance or doing any such works as aforesaid shall be sold, destroyed, or otherwise disposed of as the local author- ity or the medical officer of health thinks fit.
All money arising therefrom shall 43 Part 2 s 34 Health Act 1956 Reprinted as at 1 August 2020 be applied in or towards satisfaction of the expenses incurred, and the surplus, if any, shall be carried to the account of the fund or rate applicable to works relating to sanitation, or, if there is no such fund or rate, shall form part of the general funds of the local authority.
(10) In any proceedings under this section the District Court Judge may himself examine the premises or authorise any other person to do so, and may direct the owner and the occupier of any other premises to be summoned in respect of the nuisance, and join them as parties to the proceedings.

Compare: 1920 No 45 s 30 Section 33(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 33(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amend- ment Act 1979 (1979 No 125).

Section 33(10): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amend- ment Act 1979 (1979 No 125).
34 Power to abate nuisance without notice (1) Where by reason of the existence of a nuisance on any premises within the dis- trict of any local authority immediate action for the abatement of the nuisance is necessary in the opinion of the engineer or environmental health officer of the local authority, the engineer or environmental health officer, with such assistants as may be necessary, and without notice to the occupier, may enter on the premises and abate the nuisance.
(2) All expenses incurred in the abatement of a nuisance under this section shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred, as a debt due to the local authority.

Compare: 1920 No 45 s 31 Section 34(1): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
35 Proceedings when nuisance caused by default outside district In any case where it appears that a nuisance existing within the district of a local authority is wholly or partly caused by some act or default outside the dis- trict, proceedings may be taken against any person in respect of that act or default in the same manner and with the same incidents and consequences as if the act or default were wholly inside the district.
Compare: 1920 No 45 s 32 44 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 39 Refuse and sanitary services [Repealed] Heading: repealed, on 1 April 1980, pursuant to section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

36 Local authorities to make provision for removal of refuse, etc [Repealed] Section 36: repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).
37 Further provisions as to removal of refuse, etc [Repealed] Section 37: repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

38 Right of local authority to use portion of reserve for depot [Repealed] Section 38: repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).
Buildings 39 (1) Requirements of dwellinghouses as to supply of water and sanitary conveniences It shall not be lawful for any person to erect or rebuild any building intended for use as a dwellinghouse, or for any person to sell, or let, or sublet, or permit to be occupied as a dwellinghouse, any building or part of a building, unless in every such case sufficient provision is made in accordance with the building code and the Building Act 2004 for the following matters, that is to say: (a) (b) (c) an adequate and convenient supply of water that is potable (as defined in section 69G), available for the inmates of the dwelling: suitable appliances for the disposal of refuse water in a sanitary manner: sufficient sanitary conveniences available for the inmates of the dwell- ing.
(2) Every person commits an offence and is liable on conviction to a fine not exceeding $500 who contravenes or fails to comply in any respect with any of the provisions of this section.
(3) Where any building intended for use as a dwellinghouse is erected or rebuilt in contravention of this section, or where any building or part of a building is let or sublet as a dwellinghouse in contravention of this section, the owner of the building, or, in the case of any such subletting as aforesaid, the person for the time being entitled to receive the rent payable in respect of the subletting, shall be liable, in addition to any penalty under the last preceding subsection, to a 45 Part 2 s 40 Health Act 1956 Reprinted as at 1 August 2020 fine not exceeding $50 for every day during which the building so erected or rebuilt or any part thereof, or, as the case may be, the building or part thereof so let or sublet, is inhabited while not in conformity with the requirements of this section.
Compare: 1920 No 45 s 36; 1945 No 40 s 32 Section 39(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 39(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 39(1)(a): amended, on 1 July 2008, by section 5 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 39(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 39(2): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

Section 39(3): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

40 Sanitary requirements for business premises [Repealed] Section 40: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Owners or occupiers may be required to cleanse premises If any local authority is of opinion that the cleansing of any premises is neces- sary for preventing danger to health or for rendering the premises fit for occu- pation, it may cause an order (in this section referred to as a cleansing order) to be served on the owner or occupier of the premises requiring him to cleanse the same in the manner and within the time specified in the order in that behalf.
If the person on whom the cleansing order is served does not comply therewith, the local authority may cause the premises to be cleansed in the manner speci- fied in the order at the cost in all things of the owner or occupier.

Every person commits an offence against this Act who fails to comply with any cleansing order served on him under this section.
Compare: 1920 No 45 s 39 Local authority may require repairs and issue closing order This section shall apply in any case where the medical officer of health, or the engineer of any local authority, or any other officer of a local authority duly authorised in that behalf, gives to the local authority a certificate to the effect— (a) (b) (c) (d) [Repealed] that any dwellinghouse within that district is, by reason of its situation or insanitary condition, likely to cause injury to the health of any persons therein, or otherwise unfit for human habitation; or [Repealed] [Repealed] 41 (1) (2) (3) 42 (1) 46 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 42 (2) (e) that any dwellinghouse within that district does not comply with any regulations made under section 120C.
In any case to which this section applies, the local authority may, and shall if so required by the Director-General, cause to be served on the owner of the prem- ises, or his agent, a notice in writing requiring the owner to carry out any repairs, alterations, or works specified in the notice (hereinafter referred to as a repair notice) within a time to be specified in the notice, and stating that if the notice is not complied with an offence is committed and a closing order may be issued under this section.
If the owner is not the occupier of the premises a copy of the notice shall be served on the occupier (if any).

A copy of the notice shall also be served on every person having a registered interest in the land under any mortgage or other encumbrance.
(3) Where any such notice is not complied with to the satisfaction of the local authority, the local authority may, and shall if so required by the Director- General, issue an order (hereinafter referred to as a closing order) prohibiting the use of the premises for human habitation or occupation from a time to be specified in the order (being not less than 21 days after the issue of the order) until such repairs, alterations, or works as may be specified in the closing order have been carried out to the satisfaction of the local authority.
The closing order shall be served forthwith on the occupier of the premises; and if the occu- pier is not the owner a copy shall be served on the owner or his agent.

If the premises are unoccupied, the closing order shall be served on the owner or his agent.

A copy of the closing order shall also be served on every person having a registered interest in the land under any mortgage or other encumbrance.
(4) Notwithstanding anything in subsection (2) or subsection (3), the Director- General may in any case to which this section applies, if in his opinion a clos- ing order should be issued immediately, direct the local authority to issue a closing order under the said subsection (3) without first giving notice under the said subsection (2); and thereupon the local authority shall issue and serve a closing order accordingly.
(5) If the owner of any premises to which this section applies cannot be found, or is out of New Zealand and has no known agent in New Zealand, the occupier (if any) of the premises shall be deemed for the purposes of this section to be the agent of the owner.

(6) Without limiting anything in subsections (3) and (4), every owner commits an offence against this Act who fails without reasonable excuse to comply with a repair notice served on the owner under subsection (2).
Compare: 1920 No 45 s 40; 1940 No 17 s 6; 1949 No 51 s 23 Section 42(1)(a): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 42(1)(b): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 42(1)(c): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 42(1)(d): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
47 Part 2 s 43 Health Act 1956 Reprinted as at 1 August 2020 Section 42(1)(e): inserted, on 30 November 1979, by section 3(1) of the Health Amendment Act 1979 (1979 No 64).

Section 42(2): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 42(2): amended, on 23 March 1987, by section 12(1) of the Health Amendment Act 1987 (1987 No 10).

Section 42(3): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).
Section 42(6): inserted, on 23 March 1987, by section 12(2) of the Health Amendment Act 1987 (1987 No 10).
43 (1) Appeal against closing order The owner or occupier of any premises in respect of which a closing order is issued, or any person having a registered interest in the land under any mort- gage or other encumbrance, may appeal against the closing order by applying to the District Court, within 14 days after the service on him of the closing order, or, as the case may be, the copy of the closing order, for an order cancel- ling or modifying the closing order.
(2) Pending the determination of any such application the closing order shall be deemed to be suspended.

(3) On the hearing of the application the court, whose decision shall be final, may cancel the closing order, or may confirm it either absolutely or subject to such modifications and conditions as the court thinks fit.
(4) Every application to the court under this section shall be made and dealt with by way of originating application, on notice, under the rules of procedure for the time being in force under the District Court Act 2016, and the provisions of those rules shall apply accordingly.

Compare: 1920 No 45 ss 41, 42, 43 Section 43(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 43(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
44 Issue of closing order by medical officer of health (1) Where a local authority fails to issue a repair notice or a closing order when required or directed to do so under section 42, the medical officer of health, when authorised to do so by the Director-General, may issue a repair notice or, as the case may require, a closing order, which shall be served in the same manner and shall have the same effect, and, in the case of a closing order, shall be subject to appeal in the same manner, as if it were a repair notice or a clos- ing order issued by the local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.
(2) All costs incurred by or against the medical officer of health on any appeal under this section shall be recoverable from the local authority as a debt due to 48 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 46 the Crown or may be deducted from any money payable by the Crown to the local authority.

Compare: 1920 No 45 s 45 Section 44(2): replaced, on 1 July 1993, by section 15 of the Health Amendment Act 1993 (1993 No 24).
45 Determination of closing order (1) As soon as the repairs, alterations, or works specified in a closing order have been carried out to the satisfaction of the Engineer or other authorised officer of the local authority or, as the case may require, the medical officer of health, the local authority or medical officer of health shall cancel the closing order, which shall then cease to have any force or effect.
(2) Every person aggrieved by any refusal or failure of the local authority or med- ical officer of health to cancel a closing order under this section may appeal against that refusal or failure by applying to the District Court for an order can- celling the closing order.

(3) Every such application to the court shall be made and dealt with in the same manner as if it were an appeal against the issue of a closing order.
(4) On the hearing of any such application the court, whose decision shall be final, may make such order as it thinks fit.

Compare: 1920 No 45 s 46 Section 45(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

46 (1) Closing order for premises owned by local authority This section shall apply to any premises, including any dwellinghouse, owned by any local authority.
(2) Where in respect of any premises to which this section applies the medical offi- cer of health gives to the Director-General a certificate to the effect of any of the provisions of paragraphs (a), (b), and (e) of subsection (1) of section 42, the Director-General may cause to be served in respect of the premises a repair notice and, in default of compliance therewith by the local authority, a closing order.
A repair notice and a closing order under this section shall be served in the same manner and shall have the same effect and, in the case of a closing order, be subject to appeal and be cancelled in the same manner, as if it were a repair notice or a closing order issued by a local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.
Section 46(2): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 46(2): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).
49 Part 2 s 47 Health Act 1956 Reprinted as at 1 August 2020 47 Failure to comply with closing order Every person commits an offence against this Act who, being the owner or occupier of any premises in respect of which a closing order is in force— (a) (b) inhabits or occupies the premises or any part thereof; or permits or suffers any other person to inhabit or occupy the premises or any part thereof.
Compare: 1920 No 45 s 44 48 Local authority may require demolition [Repealed] Section 48: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

49 District Court may make demolition order [Repealed] Section 49: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

50 Issue of requisition by medical officer of health [Repealed] Section 50: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
51 Enforcement of demolition order [Repealed] Section 51: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

52 Offences in respect of requisition or demolition order [Repealed] Section 52: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

53 Restriction on use of materials for building [Repealed] Section 53: repealed, on 1 July 1993, by section 16 of the Health Amendment Act 1993 (1993 No 24).
53A Mortgagee may do acts required of owner (1) Where, by or under any of sections 41, 42, 44, and 46, the owner of any dwell- inghouse or other premises is required to do any act or thing and the owner fails or refuses to do that act or thing, any mortgagee of the land on which the dwellinghouse or other premises is situated may do the act or thing.
(2) Notwithstanding any covenant or agreement to the contrary, any expenses incurred by any mortgagee pursuant to this section shall be recoverable by the mortgagee from the owner as a debt due to the mortgagee by the owner.
(3) Without limiting subsection (2), on notice in writing to the mortgagor by the mortgagee, any such expenses incurred by the mortgagee shall be deemed to be 50 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 53B (4) (5) added to the principal sum owing under the mortgage and to be secured thereby; and, if the mortgagor is not the owner, the amount so deemed to be added shall be recoverable by the mortgagor from the owner as a debt due to the mortgagor by the owner.
The exercise by a mortgagee of the powers conferred by this section shall not relieve any person from liability to any penalty for failure to comply with the requirements of any of the provisions of this Act specified in subsection (1).
In this section the term mortgagee, in relation to a dwellinghouse, means a mortgagee of the land under a mortgage that is registered under the Deeds Registration Act 1908 or the Land Transfer Act 2017, or in respect of which a caveat is lodged with the Registrar-General of Land; and includes the holder of any charge on the land that is duly registered pursuant to subpart 5 of Part 3 of the Land Transfer Act 2017.
Section 53A: inserted, on 30 November 1979, by section 4(1) of the Health Amendment Act 1979 (1979 No 64).

Section 53A(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 53A(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
53B Provisions where owner is a trustee Where any owner who is a trustee is served with an order or a notice under any of sections 41, 42, 44, and 46, he may, notwithstanding anything to the contrary in the instrument (if any) creating the trust,— (a) (b) (c) (d) carry out such works as are specified in the notice: demolish the dwellinghouse or other premises to which the order or notice relates and, if he thinks fit, erect another dwellinghouse or other premises in substitution therefor, or sell the land on which the dwelling- house or other premises were erected: pay or apply any capital money subject to the same trust for or towards any such purpose: raise any money required for or towards any such purpose by obtaining an advance from the local authority or by sale, conversion, calling in, or mortgage of all or any part of the property subject to the same trust and for the time being in possession.
Section 53B: inserted, on 30 November 1979, by section 4(1) of the Health Amendment Act 1979 (1979 No 64).

Section 53B: amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 53B(a): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 53B(d): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
51 Part 2 s 53C Health Act 1956 Reprinted as at 1 August 2020 53C Advances by local authority to owners A local authority may make advances to any owner upon whom an order or notice is served under any of sections 41, 42, 44, and 46 to enable that owner to comply in all respects with the requirements of the order or notice.

Section 53C: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Offensive trades 54 Restrictions on carrying on offensive trade (1) No person shall establish any offensive trade within the district of any local authority, or erect or extend any premises for the purposes of or in connection with any offensive trade, except with the prior consent in writing of the local authority and of the medical officer of health and subject to such conditions as the local authority or the medical officer of health may impose.
For the pur- poses of this subsection a person who recommences an offensive trade in any premises after not less than 2 years’ disuse of those premises for the purposes of any such trade shall be deemed to establish an offensive trade.
(2) Where any local authority consents to the establishment of any offensive trade under this section, and the premises or proposed premises on which the offen- sive trade is to be carried on are or will be situated within 8 kilometres of any part of the boundary of the district of any other local authority, the consenting local authority shall forthwith give notice in writing to that other local authority of the fact that the consent has been given.
In any such case, the consent shall not take effect until after the expiry of 3 months from the date of the notice or, if within that period that other local authority gives notice of appeal under sec- tion 55, until the appeal is heard and the consent is confirmed by the District Court: provided that if within the said period of 3 months that other local authority notifies the consenting local authority that it does not intend to appeal against the consent, the consent shall thereupon take effect.
(3) No person shall carry on any offensive trade except on premises for the time being registered by the local authority in accordance with regulations made under this Act.

(4) No person shall carry on any offensive trade established in contravention of subsection (1), or carry on any offensive trade in any premises erected or extended in contravention of that subsection.
(5) Any local authority may, in its discretion, refuse to register or to renew the registration of any premises under this section, and, subject to any regulations made under this Act, may impose such conditions as it thinks fit in respect of the registration or renewal of registration of the premises.
Every person who acts in contravention of or fails to comply in any respect with any provision of this section or any condition prescribed under this section (6) 52 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 56 commits an offence and is liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day on which the offence has continued.
(7) Nothing in this section relating to local authorities (including consents and registration) shall apply to any offensive trade where a resource consent for that activity has been granted under the Resource Management Act 1991.

Compare: 1920 No 45 ss 54, 55(1), (2), 56; 1940 No 17 s 7 Section 54(2): amended, on 14 November 2018, by section 72 of the Tribunals Powers and Proced- ures Legislation Act 2018 (2018 No 51).
Section 54(2): amended, on 23 November 1973, by section 4(1) of the Health Amendment Act 1973 (1973 No 111).

Section 54(5) proviso: repealed, on 1 April 1974, by section 4(2) of the Health Amendment Act 1973 (1973 No 111).

Section 54(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 54(6): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).
Section 54(7): replaced, on 23 July 1993, by section 3 of the Health Amendment Act (No 3) 1993 (1993 No 71).
55 Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade (1) This section applies if— (a) (b) consent to establish, or to erect or extend premises for, an offensive trade under section 54(1) is refused by a local authority or the medical officer of health; or a local authority refuses to register or renew the registration of premises for an offensive trade under section 54(5).
(2) A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.

(3) If a local authority consents to the establishment of an offensive trade that will be located within 8 kilometres of the boundary of the district of any other local authority, that other local authority may appeal the decision to the District Court.
(4) An appeal under this section must be brought within 3 months after the date on which the person or the other local authority is notified of the decision.

Section 55: replaced, on 14 November 2018, by section 73 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

56 Local authority to notify medical officer of health of registered chemical works [Repealed] Section 56: repealed, on 1 April 1974, by section 56(2) of the Clean Air Act 1972 (1972 No 31).
53 Part 2 s 57 Health Act 1956 Reprinted as at 1 August 2020 Animals 57 Local authority may restrict keeping of animals [Repealed] Section 57: repealed, on 23 March 1987, by section 13 of the Health Amendment Act 1987 (1987 No 10).
58 Restrictions on establishment of stock saleyards (1) No person shall establish any stock saleyard within the district of any local authority, or extend any stock saleyard, except with the prior consent in writing of the local authority and of the medical officer of health and subject to such conditions as the local authority or the medical officer of health may impose.
For the purposes of this subsection a person who uses any premises as a stock saleyard after not less than 2 years’ disuse of those premises for the purposes of such a saleyard shall be deemed to establish a stock saleyard.

(2) No person shall use any premises as a stock saleyard unless the premises are for the time being registered by the local authority as a stock saleyard in accordance with regulations made under this Act.
(3) Any local authority may refuse to register or to renew the registration of any premises under this section if— (a) (b) the medical officer of health certifies that the premises are maintained in an insanitary condition; and the owner or occupier of the premises, after the certificate is given, fails to comply with a requisition from the local authority requiring the carry- ing out of such sanitary improvements as the medical officer of health deems necessary.
(4) (5) Every person who acts in contravention of or fails to comply in any respect with any provision of this section or any condition prescribed under this section commits an offence and is liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day on which the offence has continued.
For the purposes of this section, the expression stock saleyard means any premises used or intended to be used as a saleyard for cattle, horses, sheep, swine, or goats.

Compare: 1920 No 45 ss 58, 59, 60 Section 58(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 58(4): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).
59 Appeal against decision refusing consent for stock saleyard or refusing registration of premises for stock saleyard (1) This section applies if— 54 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 64 (a) (b) consent to establish or extend a stock saleyard under section 58(1) is refused by a local authority or the medical officer of health; or registration or renewal of registration of premises for a stock saleyard under section 58(3) is refused by a local authority.
(2) A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.

(3) An appeal under this section must be brought within 3 months after the date on which the person is notified of the decision.

Section 59: replaced, on 14 November 2018, by section 74 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Pollution of watercourses, etc [Repealed] Heading: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

60 Pollution of water supply [Repealed] Section 60: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

61 Control of watercourses, etc [Repealed] Section 61: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
62 Supply of water from polluted source [Repealed] Section 62: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

63 Powers of Director-General as to polluted water supply [Repealed] Section 63: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
64 (1) Bylaws Bylaws Every local authority may, for the purposes of this Act, make bylaws for all or any of the following matters, namely: (a) improving, promoting, or protecting public health, and preventing or abating nuisances: 55 Part 2 s 64 Health Act 1956 Reprinted as at 1 August 2020 (b) (c) (d) (e) (f) (g) prescribing the minimum area of land on which a dwellinghouse may be erected in the district of the local authority or any specified part thereof: prescribing the minimum air space adjacent to any dwellinghouse or to any specified class of dwellinghouse that shall be kept free of buildings or other structures; and generally for preventing the overcrowding of land with buildings: prescribing for buildings a minimum frontage to a public or private street or road: [Repealed] [Repealed] regulating drainage and the collection and disposal of sewage, and pre- scribing conditions to be observed in the construction of approved drains: (h) with respect to the cleansing of buildings, and the paving and sanitation (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) of yards and other areas appurtenant to buildings: regulating the situation of stables, cow sheds, and piggeries: regulating the situation and sanitation of stock saleyards: [Repealed] [Repealed] regulating, licensing, or prohibiting the keeping of any animals in the district or in any part thereof: [Repealed] regulating the handling and storage of noxious substances, or of goods which are or are likely to become offensive: regulating the situation of buildings
 used for or in connection with offen- sive trades: regulating the conduct of offensive trades, and of manufactures and pro- cesses which may be offensive or dangerous to the persons employed in or about the same or injurious to health: making provision for the proper cleansing, ventilation, sanitation (including the provision of sanitary conveniences available for the use of the public), and disinfection of theatres, halls, and churches, and of pla- ces of public resort, and requiring such buildings and
 places to be closed for admission to the public at such intervals and during such periods as may be deemed necessary to enable such cleansing, ventilation, and dis- infection to be effectively undertaken: (s) regulating and prescribing the cleansing and renovation of public con- veyances: 56 Reprinted as at 1 August 2020 Health Act 1956 Part 2 s 65 (t) (u) (v) (w) (x) (y) prescribing the sanitary precautions to be adopted in respect of any busi- ness or trade: for preventing the outbreak or spread of disease by the agency of flies, mosquitoes, or other insects, or of rats, mice, or other vermin: for the protection from pollution of food intended for human consump- tion and of any water supply: regulating the sending forth of smoke from the funnels of ships, and from chimneys other than the chimneys of private dwellinghouses: providing for the inspection of any land or premises for the purposes of this Act: generally, for the more effectual carrying out of any of the provisions of this Act relating to the powers and duties of local authorities.
(2) The powers conferred by this section are in addition to the powers conferred on any local authority by any other Act.

Compare: 1920 No 45 s 67 Section 64(1)(a): amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 64(1)(e): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(f): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 64(1)(g): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(h): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(i): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(j): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 64(1)(k): repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

Section 64(1)(l): repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

Section 64(1)(n): repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

Section 64(1)(p): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 64(1)(p): amended, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 64(1)(q): amended, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).
65 General provisions as to bylaws With respect to bylaws under this Act the following provisions shall apply: (a) a bylaw may leave any matter or thing to be determined, applied, dis- pensed with, prohibited, or regulated by the local authority from time to 57 Part 2 s 65A Health Act 1956 Reprinted as at 1 August 2020 time by resolution, either generally or for any classes of cases, or in any particular case: a bylaw providing for the licensing or registration of persons or property may provide for the payment of reasonable fees in respect thereof: a bylaw may provide for the payment of reasonable fees for inspections and other services, and may provide that where inspections and other services in respect of which a fee has been paid have not been made or given the local authority may refund any such fee or such portion thereof as it may determine: every fee payable to a local authority under a bylaw shall be recoverable as a debt due to the local authority: a bylaw may apply to any land, building, work, or property under the control of the local authority, although situated beyond the district of the local authority: a bylaw may apply generally throughout the district of the local author- ity, or within any specified part or parts thereof.
(b) (c) (d) (e) (f) Compare: 1920 No 45 ss 68, 69 65A Effect of Building Act 2004 on bylaws (1) A local authority may not make any bylaw under this Act that purports to have the effect of requiring any building to achieve performance criteria additional to or more restrictive than those specified in the Building Act 2004 or the building code.

(2) For the purposes of this section, the terms building, building code, and per- formance criteria have the meanings ascribed to them by the Building Act 2004.
Section 65A: inserted, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 65A heading: amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 65A(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 65A(2): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Penalties for breach of bylaws Every person who contravenes or fails to comply with any bylaw made under this Act commits an offence and is liable on conviction to a fine not exceeding $500 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day on which the offence has continued.
The local authority may, after the conviction of any person for a continuing offence against any bylaw, apply to any court of competent jurisdiction for an injunction to restrain the further continuance of the offence by the person so convicted.

66 (1) (2) 58 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69A (3) The continued existence of any work or thing in a state contrary to any bylaw shall be deemed to be a continuing offence within the meaning of this section.
Compare: 1920 No 45 ss 70, 71 Section 66(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 66(1): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

67 Mode of making bylaws (1) All bylaws made by a local authority under this Act must be made in the same manner in all respects as if they were bylaws made pursuant to the Local Gov- ernment Act 2002.
(2) A copy of all bylaws proposed to be made under this Act shall be sent to the medical officer of health for submission to the Director-General not less than 28 days before the bylaws are confirmed.

Compare: 1920 No 45 s 73 Section 67(1): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
68 Copies of bylaws to be available The local authority shall cause printed copies of all its bylaws under this Act to be kept at its office, and to be sold at a reasonable charge to any person who applies for the same.

Compare: 1920 No 45 s 72 Duties and powers of harbour boards [Repealed] Heading: repealed, on 1 July 1993, by section 18 of the Health Amendment Act 1993 (1993 No 24).
69 Duties and powers of harbour boards [Repealed] Section 69: repealed, on 1 July 1993, by section 18 of the Health Amendment Act 1993 (1993 No 24).

Part 2A Drinking water Part 2A: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69A Purpose (1) The purpose of this Part is to protect the health and safety of people and com- munities by promoting adequate supplies of safe and wholesome drinking water from all drinking-water supplies.
59 Part 2A s 69B Health Act 1956 Reprinted as at 1 August 2020 (2) Accordingly, this Part— (a) (b) (c) (d) (e) (f) (g) (h) (i) provides for the Ministry to maintain a register of all drinking-water sup- pliers; and provides for the Minister to issue or adopt drinking-water standards; and imposes a range of duties on drinking-water suppliers, including duties to— (i) (ii) monitor drinking water; and take all practicable steps to comply with the drinking-water stand- ards; and (iii) implement risk management plans; and imposes a range of duties on water carriers; and provides for the appointment of drinking-water assessors to assess com- pliance with this Part, and sets out their functions and powers; and provides for the Director-General to recognise laboratories for the pur- poses of analysing drinking water; and sets out certain emergency powers that are available during public health emergencies relating to drinking water; and creates various offences; and provides for the dissemination of information about drinking water.
Section 69A: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Application of this Part Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69B This Part generally to apply on commencement (1) (2) (3) The provisions of this Part (except sections 69S to 69ZC) apply on and after their commencement.
The provisions of sections 69S to 69ZC apply to drinking-water suppliers in accordance with sections 69C to 69F.

Section 69ZA applies to a temporary drinking-water supplier on and after 1 July 2009.

Section 69B: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69C Application of sections 69S to 69ZC generally (1) A drinking-water supplier who, on or after 1 July 2009 or any later date appointed for the purposes of this subsection by the Governor-General by Order in Council, commences supplying drinking water using a new drinking- water supply that is a large, medium, minor, small, neighbourhood, or rural 60 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69C agricultural drinking-water supply, must comply with sections 69S to 69ZC in respect of that drinking-water supply, on and after the commencement of sup- ply.
(2) A networked supplier who uses a large drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2009 or any later date appointed for the purposes of this subsection by the Governor- General by Order in Council.
(3) A networked supplier who uses a medium drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2010 or any later date appointed for the purposes of this subsection by the Governor- General by Order in Council.
(4) A networked supplier who uses a minor drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2011 or any later date appointed for the purposes of this subsection by the Governor- General by Order in Council.
(5) A networked supplier who uses a small drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2012 or any later date appointed for the purposes of this subsection by the Governor- General by Order in Council.
(6) A networked supplier who uses a neighbourhood drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2013 or any later date appointed for the purposes of this subsection by the Governor-General by Order in Council.
(7) Despite subsections (2) to (6), a networked supplier who uses a rural agricul- tural drinking-water supply must comply with sections 69S to 69ZC in respect of that supply on the latest of the following dates: (a) (b) (c) 1 July 2013: the date on which the drinking-water standards are amended to make specific provision in respect of rural agricultural drinking-water sup- plies: any later date appointed for the purposes of this subsection by the Governor-General by Order in Council.
(8) Sections 69S to 69ZC do not apply to a drinking-water supplier who— (a) supplies drinking water from a supply that is smaller than a neighbour- hood drinking-water supply; and (b) is not a water carrier.

Section 69C: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69C(1): 1 July 2012 appointed as date for the purposes of section 69C(1), on 26 June 2009, by clause 3(1) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).

61 Part 2A s 69D Health Act 1956 Reprinted as at 1 August 2020 Section 69C(2): amended, on 1 August 2019, by section 4 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
Section 69C(2): 1 July 2012 appointed as date for the purposes of section 69C(2), on 26 June 2009, by clause 3(2) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).

Section 69C(3): amended, on 1 August 2019, by section 4 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
Section 69C(3): 1 July 2013 appointed as date for the purposes of section 69C(3), on 26 June 2009, by clause 3(3) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).

Section 69C(4): amended, on 1 August 2019, by section 4 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
Section 69C(4): 1 July 2014 appointed as date for the purposes of section 69C(4), on 26 June 2009, by clause 3(4) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).

Section 69C(5): amended, on 1 August 2019, by section 4 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
Section 69C(5): 1 July 2015 appointed as date for the purposes of section 69C(5), on 26 June 2009, by clause 3(5) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).

Section 69C(6): amended, on 1 August 2019, by section 4 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
Section 69C(6): 1 July 2016 appointed as date for the purposes of section 69C(6), on 26 June 2009, by clause 3(6) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).

Section 69C(7): amended, on 1 August 2019, by section 4 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
Section 69C(7): 1 July 2016 appointed as date for the purposes of section 69C(7), on 26 June 2009, by clause 3(7) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).
69D Application of sections 69S to 69ZC to bulk suppliers A bulk supplier must comply with sections 69S to 69ZC in respect of each sup- ply of water made by that supplier to another drinking-water supplier, on and after the date on which any drinking-water supplier to whom the supply is made is required to comply with those sections in respect of their own supply.

Section 69D: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69E Application of sections 69S to 69ZC to water carriers (1) A water carrier who supplies water provided by a networked supplier from a drinking-water supply must comply with sections 69S to 69ZC on and after the date on which the supplier who operates the supply is required to comply with those sections, in respect of that supply.
(2) A water carrier who provides water from a drinking-water supply operated by a person other than a networked supplier must comply with sections 69S to 69ZC on and after a date determined by the medical officer of health and notified in writing to the water carrier.

62 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69G Section 69E: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69E(1): amended, on 1 August 2019, by section 16 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).

Section 69E(2): amended, on 1 August 2019, by section 16 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
69F Bulk suppliers, networked suppliers, and water carriers may elect earlier compliance (1) Any bulk supplier, networked supplier, or water carrier may, by notice in writ- ing to the Director-General, elect to comply with all the provisions of this Part before that person would be required to comply with those provisions under any of sections 69C to 69E.
(2) If any notice is given to the Director-General under subsection (1) the provi- sions of this Part apply to the bulk supplier, networked supplier, or water car- rier concerned on and after the date on which the notice is received.

Section 69F: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69F heading: amended, on 1 August 2019, by section 17(1) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Section 69F(1): amended, on 1 August 2019, by section 17(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69F(2): amended, on 1 August 2019, by section 17(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Interpretation Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69G Interpretation In this Part, unless the context otherwise requires,— adequate supply, in relation to the drinking water supplied to a property, means either— (a) (b) the minimum quantity of drinking water that is required by the occu- pants of that property, on an ongoing basis, for their ordinary domestic and food preparation use and sanitary needs; or if regulations have been made under section 69ZZY(1)(a) prescribing the quantity of drinking water, or a formula for determining the quantity of drinking water, that is an adequate supply to a property, the amount specified in, or calculated according to the formula set out in, those regu- lations adverse aesthetic effect means an effect on the colour, clarity, smell, taste, or general appearance of drinking water that exceeds any aesthetic guideline values set out in the drinking-water standards 63 Part 2A s 69G Health Act 1956 Reprinted as at 1 August 2020 bulk supplier means a drinking-water supplier who supplies drinking water solely or primarily to another drinking-water supplier or suppliers contamination means,— (a) in relation to raw water that does not normally require treatment to be suitable for use as drinking water, the introduction of a substance or organism into that water or a source of that water, which— (b) (i) (ii) makes that water unpalatable or unsuitable for human consump- tion; or requires that water to be treated to make it palatable or suitable for human consumption; and in relation to raw water that normally requires treatment to become suit- able for use as drinking water, the introduction of a substance or organ- ism into that water or a source of that water, which makes that water unpalatable or unsuitable for human consumption, without intensified, or enhanced, or alternative, drinking-water treatment to make it palatable or suitable for human consumption critical points— (a) means the points in a drinking-water supply at which it is possible for the supplier to eliminate, minimise, or isolate hazards to the drinking water that
 may result in failure to comply with this Part or with the drinking-water standards; and (b) includes (without limitation) any points where drinking water is transfer- red from— (i) (ii) (iii) (iv) (v) (vi) a networked supplier to a water carrier; or a water carrier to a networked supplier; or a bulk supplier to a networked supplier; or a networked supplier to any other networked supplier [Repealed] [Repealed] designated officer means a person designated under section 7A as a medical officer of health, or as a health protection officer determinand means— (a) (b) a substance or organism in water in circumstances where the extent to which any water contains that substance or organism may be determined or estimated reasonably accurately; or a characteristic or possible characteristic of water in circumstances where the extent to which any water exhibits that characteristic may be determined or estimated reasonably accurately 64 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69G domestic and food preparation use, in relation to water, means use for any of the following purposes: (a) (b) (c) human consumption: preparing food or drink for human consumption: preparing or processing products ultimately intended for human con- sumption: (d) washing utensils used for preparing, storing, or serving food or drink for human consumption: washing utensils used by people for eating or drinking: human oral hygiene (e) (f) drinking water— (a) means— (i) (ii) water that is potable; or in the case of water available for supply, water that is— (A) (B) held out by its supplier as being suitable for drinking and other forms of domestic and food preparation use, whether in New Zealand or overseas; or supplied to people known by its supplier to have no reason- ably available and affordable source of water suitable for drinking and other forms of domestic and food preparation use other than the supplier and to be likely to use some of it for drinking and other forms of domestic and
 food prepar- ation use; but (b) while standards applying to bottled water are in force under the Food Act 2014, does not include— (i) (ii) any bottled water that is covered by those standards; or any bottled water that is exported; and (c) to avoid doubt, does not include any water used by animals or for irriga- tion purposes that does not enter a dwellinghouse or other building in which water is drunk by people or in which other domestic and food preparation use occurs drinking-water assessor means an individual appointed under section 69ZK as a drinking-water assessor drinking-water emergency declaration means a declaration under section 69ZZA drinking-water register means the register of drinking-water suppliers and supplies maintained under section 69J 65 Part 2A s 69G Health Act 1956 Reprinted as at 1 August 2020 drinking-water standards means— (a) (b) standards issued or adopted under section 69O; or if section 14(5) of the Health (Drinking Water) Amendment Act 2007 applies, the Drinking-Water Standards for New Zealand 2000 drinking-water supplier means a person who supplies drinking water to people in New Zealand or overseas from a drinking-water supply, and— (a) includes that person’s employees, agents, lessees, and subcontractors while carrying out duties in respect of that drinking-water supply; and (b) includes (without limitation)— (i) (ii) (iii) (iv) (v) a networked supplier; and a water carrier; and [Repealed] a bulk supplier; and any person or class
 of person declared by regulations made under section 69ZZY to be a drinking-water supplier for the purposes of this Part (a prescribed supplier); but (c) does not include— (i) (ii) (iii) a temporary drinking-water supplier; or a self-supplier; or any person or class of person declared by regulations made under section 69ZZY not to be a drinking-water supplier for the pur- poses of this Part drinking-water supply— (a) means a publicly or privately owned system for supplying drinking water to a person or
 group of persons, on a temporary or permanent basis, up to but not including the point of supply; and (b) includes, without limitation, a networked reticulation system, a well, a reservoir, or a tanker large drinking-water supply means a drinking-water supply that is used to supply drinking water to more than 10 000 people for at least 60 days per year maximum acceptable value, in relation to a determinand, means a value sta- ted in the drinking-water standards as the maximum extent to which drinking water may contain or exhibit that determinand without being likely to present a significant risk to an average person consuming that water over a lifetime medium drinking-water supply means a drinking-water supply that is used to supply drinking water to between 5 001 and 10 000 people (inclusive) for at least 60 days per year 66 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69G minor drinking-water supply means a drinking-water supply that is used to supply drinking water to between 501 and 5 000 people (inclusive) for at least 60 days per year neighbourhood drinking-water supply means a drinking-water supply that is used to supply drinking water to— (a) (b) between 25 and 100 people (inclusive) for at least 60 days per year; or any number of persons for at least 60 days per year if— (i) (ii) the number of those persons when multiplied by the number of days per year during which those persons receive water from that supply is 6 000 or greater; but the number of
 those persons is not greater than 100 on 60 or more days in any year networked supplier— (a) means a drinking-water supplier who supplies drinking water from the place where the supply is to 1 or more other properties, by means of a pipe connecting those properties; but (b) does not include a bulk supplier owner, in relation to any land (including buildings on that land), means the person who is for the time being entitled to the rent on that land or who would be so entitled if the land were let to a
 tenant for rent and includes— (a) (b) the owner of the fee simple of the land; and any person who has agreed in writing to purchase the land or any lease- hold estate or interest in the land, or to take a lease of the land— (i) once the conditions in the agreement relating to the purchase have been satisfied; and (ii) if subparagraph (i) applies, while the agreement is in force point of supply means— (a) in the case of drinking water supplied through a networked reticulated system to any property, whichever of the following is applicable: (i) (ii) (iii) the point of supply as defined in any bylaw, supply agreement, or local Act that applies in respect of that system: if subparagraph (i) does not apply, the point immediately on the property owner’s side of the toby: if neither subparagraph (i) nor (ii) applies and there is no toby, the point at which that system joins the pipework that forms part of— (A) (B) the water supply utility system from any building on that property; or any other pipework on that property (whether or not used for the supply of drinking water): 67 Part 2A s 69G Health Act 1956 Reprinted as at 1 August 2020 (iv) if neither subparagraph (i) nor (ii) applies, and there is no point referred to in subparagraph (iii), the last point at which the supply of water can be interrupted or stopped before it reaches any tap on the property: (b) (c) in the case of drinking water supplied by a water carrier, the end of the hose or fitting used by that carrier to supply drinking water from that carrier’s means of transportation: in the case of drinking water placed into a container, the point at which the water is placed into that container pollution means the introduction of a substance or organism into drinking water or a drinking-water supply system that causes or may cause that water, or as the case requires, water in that system, to exceed the maximum acceptable values for determinands specified in the drinking-water standards port includes an anchorage,
 a harbour, and a wharf potable, in relation to drinking water, means water that does not contain or exhibit any determinands to any extent that exceeds the maximum acceptable values (other than aesthetic guideline values) specified in the drinking-water standards raw water— (a) means water intended for domestic and food preparation use that has been taken from a source of water but— (i) (ii) has not been assessed for suitability for that use without treatment; or is not suitable for that use without treatment and has not yet been treated to make it suitable for that use; but (b) does not include— (i) water that has been assessed as suitable for that use without treat- ment; or (ii) water that has been treated to make it suitable for that use; or (iii) water that has not entered any pipe, tank, or cistern leading from a source of raw water rural agricultural drinking-water supply means— (a) a large, medium, minor, small, or neighbourhood drinking-water supply from which 75% or more of the water supplied— (i) (ii) is used for the purposes of agriculture; and does not enter a dwellinghouse or other building in which water is drunk by people or other domestic and food preparation use occurs; but 68 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69G (b) does not include that part of a drinking-water supply that uses a single connection to provide water to— (i) (ii) a town; or a village or other place with a permanent population of 50 people or more that is used
 primarily for residential purposes self-supplier means a person who owns a drinking-water supply that is exclu- sively used to supply water to— (a) (b) 1 property that is also owned by that person; or 1 or more buildings that are also owned by that person small drinking-water supply means a drinking-water supply that— (a) (b) is used to supply drinking water to between 101 and 500 people (inclu- sive) for at least 60 days per year; and is not a drinking-water supply to which paragraph (a) or (b) of the defin-
 ition of neighbourhood drinking-water supply applies specified drinking-water supplier has the meaning set out in section 69J(1)(a) specified self-supplier has the meaning set out in section 69J(1)(b) temporary drinking-water supplier— (a) means a person who— (i) (ii) (iii) supplies drinking water to a place on a temporary basis for a par- ticular event, function, or gathering where the number of persons attending on any one day is 25 or greater; or from time to time, supplies drinking water to any person (includ- ing the supplier), but not for more than 59 days per year in total; or supplies drinking water on a temporary basis when a drinking- water supply used to supply drinking water to a person or group of persons on a permanent basis is not functioning for any reason; but (b) does not include— (i) (ii) a person who exports drinking water to another country; or any other person or class of person declared by regulations made under section 69ZZY not to be a temporary drinking-water sup- plier toby, in relation to any property, means the valve at the end of the service pipe that forms part of a networked reticulated system and that connects to the sup- ply pipe forming part of— (a) the water supply utility system of any building on the property; or 69 Part 2A s 69G Health Act 1956 Reprinted as at 1 August 2020 (b) any other pipework on the property (whether or not used for the supply of drinking water) water carrier— (a) means any drinking-water supplier, temporary
 drinking-water supplier, or prescribed class of person who transports or otherwise supplies raw water or drinking water— (i) (ii) (iii) (iv) in trucks or other vehicles; or by rail; or in ships or other vessels; or by any means other than by pipes connecting the place where the supply is to the other property or properties to which the water is delivered from the place where the supply is to another property; but (b) does not include any other person or class of person declared by regula- tions made under
 section 69ZZY not to be a water carrier water safety plan means a plan prepared and operated by a drinking-water supplier or other person under section 69Z or 69ZA wholesome, in relation to drinking water, means— (a) (b) being potable; and not containing or exhibiting any determinand in an amount that exceeds the value stated in the guideline values for aesthetic determinands in the drinking-water standards as being the maximum extent to which drink- ing water may contain or exhibit the determinand without being likely to have an adverse aesthetic effect on the drinking water working day has the same meaning as in section 5(1) of the Local Government Act 2002.
Section 69G: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69G critical points paragraph (b)(v): repealed, on 1 August 2019, by section 18(1) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69G critical points paragraph (b)(vi): repealed, on 1 August 2019, by section 18(1) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Section 69G designated port or airport: repealed, on 1 August 2019, by section 18(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69G drinking water paragraph (b): amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Section 69G drinking-water assessor: replaced, on 1 August 2019, by section 18(3) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Section 69G drinking-water supplier paragraph (b)(iii): repealed, on 1 August 2019, by section 18(4) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69G medical officer of health: repealed, on 1 August 2019, by section 18(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
70 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69I Section 69G public health risk management plan: repealed, on 5 December 2013, by section 4(1) of the Health Amendment Act 2013 (2013 No 119).

Section 69G rural agricultural drinking-water supply paragraph (a)(i): amended, on 1 August 2019, by section 18(5) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Section 69G rural agricultural drinking-water supply paragraph (b): amended, on 1 August 2019, by section 18(6) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69G water safety plan: inserted, on 5 December 2013, by section 4(2) of the Health Amend- ment Act 2013 (2013 No 119).
69H All practicable steps (1) In this Part, all practicable steps, in relation to the achievement of any particu- lar result by a person, means all steps to achieve that result that it is reasonably practicable to take in the circumstances, taking into account and weighing up all relevant matters, including— (a) (b) (c) (d) (e) (f) the nature and severity of the harm that may be suffered if the result is not achieved; and the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and the current state of knowledge about harm of that nature; and the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each; and their availability; and their affordability, in light of the person’s financial position.
(2) To avoid doubt, a person required by this Part to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.
(3) A person who wishes to rely on subsection (1)(f) as a reason for not taking any step or steps to achieve a result— (a) must keep a full and complete record of that person’s financial position and those of any associated person (as defined in section YA 1 of the Income Tax Act 2007); and (b) must, as soon as practicable and in any event not more than 28 days after being so requested by a drinking-water assessor or designated officer,— (i) (ii) produce evidence that the step or steps are not affordable, includ- ing a copy of the records referred to in paragraph (a); and justify to the assessor or officer why it was not practicable to take the step or steps.
Section 69H: replaced, on 1 August 2019, by section 5 of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

69I Part binds the Crown (1) This Part binds the Crown except as provided in subsection (2).
71 Part 2A s 69J Health Act 1956 Reprinted as at 1 August 2020 (2) This Part does not apply in respect of drinking water supplied by the New Zea- land Defence Force— (a) (b) other than through a networked supply; and in compliance with international drinking-water code QSTAG245 or other similar standard regulating the quality of drinking water used for military purposes.

Section 69I: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Registration of drinking-water suppliers and certain self-suppliers Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69J Drinking-water register (1) The Director-General must maintain a register of persons who are— (a) (b) networked suppliers, bulk suppliers, water carriers, or prescribed suppli- ers (specified drinking-water suppliers); or self-suppliers who supply water to community-purpose buildings owned by them (specified self-suppliers).
(2) The purpose of the register is— (a) (b) (c) to enable members of the public to know who is registered as a specified drinking-water supplier or a specified self-supplier and to provide infor- mation about their supplies or sources of water; and to facilitate the ability of the Director-General to provide information to drinking-water suppliers and specified self-suppliers; and to facilitate the exercise of the compliance, assessment, and enforcement functions and powers of drinking-water assessors, designated officers, and the Director-General.
(3) The following particulars must be recorded in the register in respect of every person registered as a drinking-water supplier (other than as a water carrier) or as a specified self-supplier: (a) (b) (c) (d) (e) (f) the name and contact address (including the electronic address, if avail- able) of the supplier: the nature of the person’s drinking-water supply and the maximum daily volume it is capable of delivering: the date on which the supplier was registered: the source or sources of water used for drinking-water purposes: in the case of a drinking-water supplier, whether that person is a net- worked supplier, bulk supplier, or a prescribed supplier: any other particulars that may be required by or under this Part or regu- lations made under section 69ZZY.
72 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69K (4) The following particulars must be recorded in the register in respect of every drinking-water supplier registered as a water carrier: (a) (b) (c) (d) (e) the name and contact address (including the electronic address, if avail- able) of the carrier: the date on which the water carrier was registered and the date of each renewal of that person’s registration: the source or sources of raw water or drinking water that is transported by the water carrier: prescribed particulars relating to each vehicle, vessel, or rail wagon (and any associated equipment such as demountable tanks, hoses, and fit- tings) used by a water carrier to transport raw water or drinking water: any other particulars that may be required by or under this Part or regu- lations made under section 69ZZY.
(5) The register may also include any other information relevant to a drinking- water supplier, specified self-supplier, or a drinking-water supply that the Director-General considers appropriate.

Section 69J: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69J(1)(a): amended, on 1 August 2019, by section 19(1) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Section 69J(3)(e): amended, on 1 August 2019, by section 19(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

69K Applications for registration (1) A person who supplies or intends to supply drinking water from a drinking- water supply (other than as a self-supplier) must apply to the Director-General, in a manner approved by the Director-General, for registration on the drinking- water register.
(2) (3) Every specified self-supplier must apply to the Director-General, in a manner approved by the Director-General, for registration on the drinking-water regis- ter.

Every application for registration must be in the form provided for the purpose by the Director-General.
(4) On receiving an application that complies with the requirements of this section, the Director-General must— (a) register the person as a specified drinking-water supplier, or a specified self-supplier, and in the case of a person registered as a specified drink- ing-water supplier, also as— (i) (ii) a networked supplier; or a water carrier; or (iii) [Repealed] 73 Part 2A s 69L Health Act 1956 Reprinted as at 1 August 2020 (iv) (v) a bulk supplier; or a prescribed supplier; and (b) (c) show the date of registration on the register; and notify the person in writing accordingly.
Section 69K: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69K(4)(a)(iii): repealed, on 1 August 2019, by section 20 of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

69L Renewal of registration by water carriers (1) (2) Every person registered as a water carrier must in each 12-month period, dur- ing a month allocated for the purpose by the Director-General, apply for a renewal of registration as a water carrier.
Every application for a renewal of registration must be in the form provided for the purpose by the Director-General, and must be accompanied by— (a) (b) a certificate, from a drinking-water assessor, no more than 3 months old, stating that the assessor has assessed the practices and procedures of the water carrier and certifies that those practices and procedures comply with this Part; and the prescribed particulars for each vehicle, vessel, or rail wagon (and any associated equipment such as demountable tanks, hoses, and fittings) used by the water carrier to transport raw water or drinking water.
(3) On receiving an application that complies with the requirements of this section, the Director-General must, unless subsection (4) applies,— (a) renew the registration of the person as a water carrier, showing the date of renewal of registration; and (b) notify the person in writing accordingly.
(4) The Director-General may refuse to renew the registration of a person as a water carrier if the Director-General is satisfied that the water carrier— (a) (b) has failed to comply with the requirements of this Part; or is unable to comply with the requirements of this Part.

Section 69L: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69M Duty to update details on register (1) A drinking-water supplier or specified self-supplier who intends to change any particulars that are recorded in respect of that person or that person’s drinking- water supply on the drinking-water register or to cease operation as a supplier must notify the Director-General, in writing, of the change and the proposed date of the change, at least 2 weeks before the proposed date of the change.
74 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69O (2) A water carrier who intends to cease operation as a carrier or to change any particulars that are recorded in respect of that person or in respect of any vehicle, vessel, or rail wagon used for water transportation or who begins to use a vehicle, vessel, or rail wagon (and any associated equipment such as demountable tanks, hoses, and fittings) for the purposes of water transportation or who ceases to use a vehicle, vessel, or rail wagon for the purposes of water transportation must notify the Director-General, in writing, of the change and the proposed date of the change.
(3) A notice under subsection (1) or (2) must be given as soon as practicable after the details of the proposed change are known to the supplier.

Section 69M: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69N Removal from register (1) The Director-General must remove a person’s name from the drinking-water register if— (a) (b) that person is registered as a water carrier or as a specified self-supplier, and applies to the Director-General, in writing, to have that person’s name removed from the register; and the Director-General is satisfied that the person has ceased to carry on business as a water carrier or has ceased to be a specified self-supplier, as the case requires.
(2) The Director-General may remove the name of any person registered as a water carrier from the drinking-water register if the Director-General is satisfied that the water carrier— (a) (b) has failed to comply with the requirements of this Part; or is unable to comply with the requirements of this Part.
(3) Despite subsections (1) and (2), the Director-General may retain on the register all relevant details relating to the water-supply activities of a person whose name has been removed from the register, if the fact of that removal is clearly noted on the register to avoid any confusion.

Section 69N: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Drinking-water standards Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69O Minister may issue, adopt, amend, or revoke drinking-water standards (1) The Minister may, by written notice,— (a) (b) issue or adopt standards applicable to drinking water; and revoke or amend any existing standards.
75 Part 2A s 69O Health Act 1956 Reprinted as at 1 August 2020 (2) Standards issued or adopted under this section may, without limitation, specify or provide for all or any of the following: (a) requirements for drinking water safety (including requirements relating to the transportation of raw water or drinking water): (b) requirements for drinking water composition, including— (i) maximum amounts of substances or organisms or contaminants or residues that may be present in drinking water; and (ii) maximum amounts of substances that may be present in drinking water; and (iii) maximum acceptable values for chemical, radiological, microbio- logical, and other characteristics of drinking water: (c) criteria and procedures for demonstrating compliance with the standards, including the methods or tests by which the levels of determinands present in raw water or drinking water must be calculated or ascertained: (d) monitoring analytical and calibration requirements, including minimum sampling and testing frequencies, and procedural requirements relating to sampling and analysis: (e) (f) (g) (h) performance standards that drinking-water suppliers, drinking-water assessors, and recognised laboratories are required to meet when sam- pling and testing raw water or drinking water: remedial actions to be taken if non-compliance with different aspects of the standards is detected: records that must be kept by drinking-water suppliers: any other matters relating to raw water or drinking water that may affect public health.
(3) Standards issued or adopted under this section— (a) may include guideline values for aesthetic determinands for avoiding adverse aesthetic effects in drinking water; and (b) may contain different provisions for different categories of bulk supplier, networked supplier, or water carrier, or different provisions for each class of drinking-water supplier; but (c) must not include any requirement that fluoride be added to drinking water.
(4) Despite section 28 of the State Sector Act 1988, the Minister may not delegate any of the powers conferred by subsection (1).

Standards issued or adopted under subsection (1) are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
(5) 76 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69P Section 69O: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69O(3)(b): amended, on 1 August 2019, by section 21 of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69O(5): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
69P Minister must consult before issuing, adopting, or amending drinking- water standards (1) The Minister must not issue, adopt, or amend drinking-water standards unless the Minister is satisfied that adequate consultation has been carried out with respect to the proposed standards or proposed amendments, including (without limitation)— (a) (b) adequate and appropriate notice of the intention to issue, adopt, or amend the standards published in accordance with subsection (3); and a reasonable opportunity for interested persons to make submissions; and (c) appropriate consideration of any submissions received.
(2) Despite subsection (1), the Minister is not required to consult anyone if the Minister is satisfied that— (a) the standards need to be issued, adopted, or amended either— (i) (ii) urgently; or to deal with transitional issues; or (b) the amendment is minor and will not adversely and substantially affect the interest of any person.
(3) The notice under subsection (1)(a) must be published— (a) (b) on an Internet site to which the public has free access; or in 1 or more newspapers circulating in the area likely to be affected by the matter to which the notice relates.

(4) The Minister may also publish the notice in any other way the Minister con- siders desirable.

Section 69P: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69P(1): amended, on 1 August 2019, by section 6(1) of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).

Section 69P(1)(a): amended, on 1 August 2019, by section 6(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69P(3): inserted, on 1 August 2019, by section 6(3) of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).

Section 69P(4): inserted, on 1 August 2019, by section 6(3) of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
77 Part 2A s 69Q Health Act 1956 Reprinted as at 1 August 2020 69Q Drinking-water standards must be notified and made available (1) As soon as practicable after drinking-water standards are issued, adopted, or amended, the Minister must ensure that a notice is published in the Gazette that— (a) (b) gives a general indication of the nature of the standards or amendments; and shows the place or places at which copies of the current drinking-water standards are available for inspection free of charge or for purchase or both.
(2) As soon as practicable after drinking-water standards are revoked, the Minister must ensure that a notice of that revocation is published in the Gazette.

(3) The Director-General must ensure that current copies of drinking-water stand- ards are available for inspection by members of the public free of charge.

Section 69Q: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69R Commencement of drinking-water standards Drinking-water standards (and any amendments to those standards) come into force on a day specified in a notice under section 69Q(1) that is at least 28 days after the date of publication of that notice in the Gazette.

Section 69R: replaced, on 1 August 2019, by section 7 of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Duties of drinking-water suppliers and temporary drinking-water suppliers Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69S Duty of suppliers in relation to provision of drinking water (1) Every networked supplier, bulk supplier, and water carrier must ensure that an adequate supply of drinking water is provided to each point of supply to which that supplier supplies drinking water.
(2) Subsection (1) does not— (a) (b) require a networked supplier or a bulk supplier to ensure the uninterrup- ted provision of drinking water to all points of supply at all times; or prevent a networked supplier or a bulk supplier restricting or interrupting the provision of drinking water to any point of supply, if, in the opinion of the supplier, such action is necessary for the purposes— (i) (ii) of planned maintenance or improvement; or of emergency repairs.
(3) Any restriction or interruption of the provision of drinking water by a net- worked supplier or a bulk supplier in reliance on subsection (2)(a) must not exceed 8 hours on any one occasion unless,— 78 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69T (a) in the event of planned works,— (i) (ii) approval has been given by the medical officer of health; and the supplier has taken all practicable steps to warn the affected persons before the restriction or interruption of the provision of water occurs; or (b) in the event of an emergency,— (i) (ii) the supplier notifies the medical officer of health of the reasons for the interruption or restriction as soon as practicable and, in any event, not later than 24 hours after the commencement of the interruption or restriction; and the supplier has taken all practicable steps to advise the affected persons of the restriction to or interruption of the provision of water.
(4) A networked supplier or bulk supplier— (a) may restrict supply to a point of supply if the relevant customer has unpaid accounts for any previous supply of drinking water or has failed to remedy water leaks that the customer is obliged to remedy; but (b) must, despite any non-payment or failure referred to in paragraph (a), continue to provide an adequate supply of drinking water.
(5) This section is subject to section 69T and to any contrary provisions in the Civil Defence Emergency Management Act 2002.

Section 69S: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69S(1): amended, on 1 August 2019, by section 8 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
69T Duties where risk to water is actual or foreseeable If any drinking-water supplier considers that its ability to maintain an adequate supply of drinking water is or may be at imminent risk for any reason, it must— (a) (b) (c) notify the medical officer of health, Fire and Emergency New Zealand, and the territorial authorities and regional councils in the area where the water is supplied of the circumstances giving rise to the risk; and request that 1 or more of those territorial authorities and regional coun- cils exercise its powers under any enactment (for example, by making a bylaw to restrict the use of water for other than essential purposes) to assist that supplier to continue to provide an adequate supply of drinking water; and if the supplier is a bulk supplier, notify the drinking-water supplier to which the bulk supplier supplies water of the circumstances giving rise to the risk.
79 Part 2A s 69U Health Act 1956 Reprinted as at 1 August 2020 Section 69T: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69T(a): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
69U Duty to take reasonable steps to contribute to protection of source of drinking water (1) Every drinking-water supplier must take reasonable steps to— (a) (b) contribute to the protection from contamination of each source of raw water from which that drinking-water supplier takes raw water: protect from contamination all raw water used by that drinking-water supplier.
Every drinking-water supplier who is a bulk supplier or a networked supplier must take reasonable steps to protect from pollution all aspects of the drinking- water supply system of that drinking-water supplier.

Every drinking-water supplier who is a water carrier must take reasonable steps to protect from contamination or pollution all aspects of the water supply oper- ation of that water carrier.
(2) (3) (4) [Repealed] Section 69U: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69U(4): repealed, on 1 August 2019, by section 9 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).

69V Duty to comply with drinking-water standards (1) Every drinking-water supplier must ensure that the drinking water supplied by that supplier complies with the drinking-water standards.
(2) A drinking-water supplier complies with subsection (1) if the supplier imple- ments those provisions of the supplier’s approved water safety plan relating to the drinking-water standards to the satisfaction of a drinking-water assessor.

Subsection (2) does not limit the ways in which a drinking-water supplier is able to comply with subsection (1).
Subsection (1) applies to each drinking-water supplier subject to any exemp- tion or variation that has been granted to that supplier under section 69ZZD(2)(k).

Subsection (1) does not apply to those drinking-water standards that are identi- fied in those standards as guideline values for aesthetic determinands for avoid- ing adverse aesthetic effects in drinking water.

Section 69V: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69V heading: amended, on 1 August 2019, by section 10(1) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

(3) (4) (5) 80 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69Z Section 69V(1): amended, on 1 August 2019, by section 10(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69V(2): amended, on 1 August 2019, by section 10(3) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Section 69V(2): amended, on 5 December 2013, by section 5 of the Health Amendment Act 2013 (2013 No 119).

69W Duty to take reasonable steps to supply wholesome drinking water Every drinking-water supplier must take reasonable steps to ensure that the drinking water supplied by that drinking-water supplier is wholesome.

Section 69W: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69X Duties in relation to new water sources Before connecting a new source of raw water to the drinking-water supply, a drinking-water supplier must ensure that raw water from that new source,— (a) (b) if untreated, will contain no determinands that exceed the maximum acceptable values specified in the drinking-water standards when it is supplied; or is, or will be, treated in such a way that it will contain no determinands that exceed the maximum acceptable values specified in those standards when it is supplied.
Section 69X: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69Y Duty to monitor drinking water (1) Every drinking-water supplier must monitor the drinking water supplied or transported by that drinking-water supplier to— (a) (b) determine whether it complies with the drinking-water standards; and detect and assess public health risks generally.

(2) Monitoring under subsection (1) must be carried out in accordance with the drinking-water standards.
Section 69Y: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69Z Duty to prepare and implement water safety plan (1) Every drinking-water supplier must, on or before the date on which this section begins to apply to that drinking-water supplier, prepare in writing either or both of the following, whichever is applicable: (a) (b) a water safety plan in relation to that drinking-water supplier’s drinking- water supply: in the case of a drinking-water supplier who is a water carrier, a water safety plan in relation to that water carrier’s method of transporting raw water or drinking water.
81 Part 2A s 69Z Health Act 1956 Reprinted as at 1 August 2020 (2) A water safety plan prepared under subsection (1) must,— (a) if prepared by a drinking-water supplier in relation to that drinking-water supplier’s drinking-water supply,— (i) (ii) (iii) (iv) (v) (vi) identify the public health risks (if any) associated with that drink- ing-water supply; and identify critical points in that drinking-water supply; and identify mechanisms for— (A) preventing public health risks arising in that drinking-water supply; and (B) reducing and eliminating those risks if they do arise; and include information about the estimated costs and benefits of the mechanisms referred to in subparagraph (iii); and set out a timetable for managing the public health risks that have been identified as being associated with that drinking-water sup- ply; and comply with any additional requirements imposed by the Director-General by notice in writing given to the supplier, as to the content and format of water safety plans: (b) if prepared by a water carrier in relation to that water carrier’s method of transporting raw water or drinking water,— (i) (ii) identify the public health risks (if any) associated with that method of transporting raw water or drinking water; and identify critical points in that method of transporting raw water or drinking water; and (iii) identify mechanisms for— (iv) (v) (A) preventing public health risks arising from that method of transportation; and (B) reducing and eliminating those risks if they do arise; and set out a timetable for managing the public health risks that have been identified as being associated with that method of transporta- tion; and comply with any additional requirements imposed by the Director-General by notice in writing given to the water carrier as to the content and format of water safety plans (including, without limitation, any requirement contained in a model plan issued by the Director-General).
(3) A water safety plan may incorporate other material by reference if that incorp- oration helps the plan to comply with the requirements of subsection (2).

82 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69Z (4) Every drinking-water supplier’s water safety plan must be submitted by the drinking-water supplier to a drinking-water assessor for approval.
(5) A drinking-water assessor— (a) must, within 20 working days after receiving a water safety plan submit- ted under subsection (4),— (i) (ii) (iii) decide to approve it or disapprove it; or require its alteration within a specified period; or require the provision of more information within a specified period; and (b) if the assessor issues a requirement under paragraph (a)(ii) or (iii), may, after any alteration to the water safety plan that is considered necessary by the assessor and made by agreement with the supplier or the water carrier, as the case may be, approve that plan.
(6) (7) The period of 20 working days referred to in subsection (5)(a) ceases to run during any specified period referred to in subsection (5)(a)(ii) or (iii).

If a drinking-water assessor does not approve a water safety plan, the assessor must notify the drinking-water supplier and give reasons for the non-approval.
(8) Every drinking-water supplier must— (a) take all practicable steps to ensure that the supplier’s water safety plan is approved under subsection (5) within a 12-month period after the date on which this section begins to apply to the supplier (excluding any spe- cified period referred to in subsection (5)(a)(ii) or (iii)): (b) start to implement a water safety plan within 1 month after the date on which that plan is approved under subsection (5): (c) take all reasonable steps to— (i) comply with the timetable set out in the supplier’s water safety plan in accordance with subsection (2)(a)(v) and (b)(iv); and (ii) manage and control the critical points identified in the supplier’s water safety plan.
(9) This section does not apply to a drinking-water supplier who supplies drinking water from a small drinking-water supply or a neighbourhood drinking-water supply.

Section 69Z: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69Z heading: amended, on 5 December 2013, by section 6(1) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(1)(a): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).
Section 69Z(1)(b): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

83 Part 2A s 69ZA Health Act 1956 Reprinted as at 1 August 2020 Section 69Z(2): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(2)(a)(vi): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).
Section 69Z(2)(b)(v): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(3): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(4): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(5)(a): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).
Section 69Z(5)(b): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(7): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(8)(a): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(8)(b): amended, on 1 August 2019, by section 11(1) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Section 69Z(8)(b): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(8)(c): inserted, on 1 August 2019, by section 11(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
69ZA Medical officer of health may require preparation and implementation of water safety plan (1) Despite section 69Z(9), a medical officer of health may, if he or she considers it to be in the interests of public health to do so, require a drinking-water sup- plier who supplies drinking water from a small drinking-water supply, a neigh- bourhood drinking-water supply, or a temporary drinking-water supplier, to prepare and implement a water safety plan in relation to that supplier’s drink- ing-water supply.
(2) A water safety plan under subsection (1) must— (a) (b) (c) identify the public health risks (if any) associated with that drinking- water supply; and identify critical points in that drinking-water supply; and identify mechanisms for— (i) preventing public health risks arising in that drinking-water sup- ply; and (ii) reducing and eliminating those risks if they do arise; and (d) set out a timetable for managing the public health risks that have been identified as being associated with that drinking-water supply; and 84 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZB (e) comply with any additional requirements imposed by the Director- General and notified to the supplier in accordance with subsection (3), as to the content and format of water safety plans.
(3) If a medical officer of health requires a supplier of the kind referred to in sub- section (1) to prepare and implement an approved water safety plan, that requirement must— (a) (b) be made by notice in writing; and specify the date by which the supplier must prepare and submit a draft plan to a drinking-water assessor for approval; and (c) specify the date by which the supplier must implement an approved plan.

(4) (5) The dates specified in accordance with subsection (3)(b) and (c) must be reasonable.
If a drinking-water supplier or temporary drinking-water supplier receives a notice under this section, that supplier must comply with that notice and the provisions of section 69Z(4) to (8) apply with any necessary modifications.
(6) A medical officer of health may not make any requirement under subsection (1) in respect of any drinking-water supply unless— (a) (b) the drinking-water supply is used by at least 25 people; and the persons who use the supply (other than the occupiers of the property on which it is situated) have access to it for more than 60 days in each year.

Section 69ZA: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69ZA heading: amended, on 5 December 2013, by section 7(1) of the Health Amendment Act 2013 (2013 No 119).

Section 69ZA(1): amended, on 5 December 2013, by section 7(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69ZA(2): amended, on 5 December 2013, by section 7(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69ZA(2)(e): amended, on 5 December 2013, by section 7(2) of the Health Amendment Act 2013 (2013 No 119).
Section 69ZA(3): amended, on 5 December 2013, by section 7(2) of the Health Amendment Act 2013 (2013 No 119).
69ZB Duration of plans A water safety plan approved under section 69Z or 69ZA remains in force— (a) (b) for the period of time stated in the plan; or if the period of time stated in the plan exceeds 5 years from the date of completion or approval or if no period is stated in the plan, until the date that is 5 years after the date on which the plan is completed or approved or most recently reviewed or approved, whichever occurs later.
85 Part 2A s 69ZC Health Act 1956 Reprinted as at 1 August 2020 Section 69ZB: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZB: amended, on 5 December 2013, by section 8 of the Health Amendment Act 2013 (2013 No 119).
69ZC Review and renewal of plans (1) Not later than 2 months before a water safety plan approved under section 69Z or 69ZA is due to expire, the drinking-water supplier who prepared the plan must— (a) (b) review it, to assess whether it needs to be altered for any reason or replaced with a new plan; and submit the existing, revised, or new plan to a drinking-water assessor under section 69Z(4).
The provisions of sections 69Z(4) to (8) and 69ZA apply in respect of any existing, revised, or new plan submitted to a drinking-water assessor under sec- tion 69Z(4), in accordance with this section.
This section does not apply in respect of any person who, as at the date when the relevant water safety plan expires, has ceased to be— (2) (3) (a) (b) (c) a drinking-water supplier; or a drinking-water supplier of a kind who is required to prepare and imple- ment a water safety plan; or in the case of a temporary drinking-water supplier who was required to prepare and implement a water safety plan, a temporary drinking-water supplier.
Section 69ZC: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZC(1): amended, on 5 December 2013, by section 9 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZC(3): amended, on 5 December 2013, by section 9 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZC(3)(b): amended, on 5 December 2013, by section 9 of the Health Amendment Act 2013 (2013 No 119).
Section 69ZC(3)(c): amended, on 5 December 2013, by section 9 of the Health Amendment Act 2013 (2013 No 119).
69ZD Duty to keep records and make them available (1) Every drinking-water supplier and every temporary drinking-water supplier who is required to prepare a water safety plan under section 69Z or 69ZA must— (a) keep records that contain sufficient information to enable a drinking- water assessor to ascertain whether or not that drinking-water supplier or temporary drinking-water supplier is complying with the requirements of— 86 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZD (i) (ii) (iii) this Part; and the drinking-water standards; and that drinking-water supplier’s or temporary drinking-water suppli- er’s water safety plan; and (b) keep records of any other risk management plan relevant to that suppli- er’s supply.
(2) Without limiting subsection (1), in the case of a drinking-water supplier, the records kept must include details of— (a) (b) (c) (d) (e) (f) (g) (h) the steps taken to prevent contamination of the raw water used by that drinking-water supplier; and the steps taken to maintain the quality of that raw water and to protect its source or sources; and the source or sources from which the raw water used by the drinking- water supplier to supply drinking water is obtained; and the treatment of that drinking water; and any risk analysis, or asset management or emergency management plans undertaken or devised by the supplier to assist the supplier to comply with the supplier’s duties under this Part; and the steps taken by the drinking-water supplier to protect that drinking water from pollution after it has been treated or assessed as not in need of treatment, and before it is supplied to the point of supply; and the monitoring of that drinking water; and any complaints received from its customers or users in relation to that drinking water, and the actions taken in relation to those complaints.
(3) Without limiting subsection (1), in the case of a drinking-water supplier who is a water carrier, the records kept must include— (a) (b) (c) (d) details of the steps taken by that water carrier to protect the raw water carried by that carrier from contamination and the drinking water trans- ported by that water carrier from pollution before or during transporta- tion; and details of the monitoring of that raw water or drinking water; and details of any complaints received in relation to that raw water or drink- ing water, and the actions taken in relation to those complaints; and the keeping in each vehicle, vessel, or rail wagon used to transport water of all the information required to be kept by regulations made under this Act.
(4) Records kept under this section must be made available, on request by a drink- ing-water assessor or designated officer, for inspection or assessment by the assessor or officer.

87 Part 2A s 69ZE Health Act 1956 Reprinted as at 1 August 2020 Section 69ZD: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZD(1): amended, on 5 December 2013, by section 10 of the Health Amendment Act 2013 (2013 No 119).
Section 69ZD(1)(a)(iii): amended, on 5 December 2013, by section 10 of the Health Amendment Act 2013 (2013 No 119).
69ZE Duty to investigate complaints Every drinking-water supplier who receives a complaint about the quality (including the wholesomeness) of the drinking water supplied by that supplier, or, as the case may require, transported by that supplier in the supplier’s cap- acity as a water carrier, must investigate that complaint and,— (a) (b) if the complaint relates to the wholesomeness of the drinking water and is upheld, take all reasonable steps to improve the wholesomeness of that drinking water; or if the complaint relates to a failure to meet the drinking-water standards and is upheld, take the appropriate remedial action specified in section 69ZF.
Section 69ZE: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZF Duty to take remedial action if drinking-water standards breached (1) Every drinking-water supplier who becomes aware that the drinking water sup- plied by that supplier, or, as the case requires, transported by that supplier in the supplier’s capacity as a water carrier, is not meeting the drinking-water standards must— (a) (b) take all practicable steps to carry out the appropriate remedial action set out in the drinking-water standards to correct the problem; or if no remedial action is set out in the drinking-water standards, take all practicable steps to correct the problem.
(2) If a drinking-water supplier implementing provisions of an approved water safety plan for the purpose of section 69V(2) becomes aware of a risk to the drinking-water supply, the supplier must take all practicable steps to correct the problem.

Section 69ZF: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZF(2): inserted, on 1 August 2019, by section 12 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).
69ZG Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health (1) Every drinking-water supplier must, at all reasonable times, provide— 88 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZH (a) (b) (c) the means required by a drinking-water assessor for an entry, inspection, examination, or inquiry, or to enable the exercise of any other power set out in section 69ZP; and the means required by a designated officer for an entry, inspection, examination, or inquiry, or to enable the exercise of any other power set out in section 69ZP, or any other power conferred by this Part; and reasonable assistance to a medical officer of health to enable that officer to exercise any power set out in section 69ZJ.
(2) Every temporary drinking-water supplier must, at all reasonable times, provide reasonable assistance to a medical officer of health for the exercise of any power set out in section 69ZJ.

Section 69ZG: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZH Duty to provide information to territorial authority (1) This section applies to a drinking-water supplier who considers that the con- nection of additional residential properties to that supplier’s drinking-water supply may compromise the supplier’s ability to provide an adequate supply of drinking water to any property.
(2) If this section applies, the drinking-water supplier must notify each territorial authority in which the affected properties are located either— (a) (b) that the supplier will not connect any further residential properties to the supplier’s drinking-water supply; or that any further residential properties that are connected to the supplier’s drinking-water supply will be subject to conditions limiting the amount of water to be supplied.
(3) A drinking-water supplier who has notified a territorial authority under subsec- tion (2) may withdraw that notice at any time if the circumstances described in subsection (1) no longer exist.

(4) A drinking-water supplier who has notified a territorial authority under subsec- tion (2)(a) may refuse to connect further residential properties to that supplier’s drinking-water supply after the date of that notice.
(5) A drinking-water supplier who has notified a territorial authority under subsec- tion (2)(b) may impose conditions limiting the amount of drinking water sup- plied to any further residential properties that are connected to that supplier’s drinking-water supply after the date of that notice.
(6) No condition may be imposed under subsection (5) limiting the amount of drinking water to be supplied to a residential property to such an extent that there is no adequate supply (as defined in section 69G) to that property.

Section 69ZH: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
89 Part 2A s 69ZI Health Act 1956 Reprinted as at 1 August 2020 69ZI Temporary supplier to notify medical officer of health of source and quality of raw water (1) Every temporary drinking-water supplier must advise the medical officer of health, in writing, of— (a) each source of raw water to be used by that supplier to supply drinking water; and (b) the quality of the raw water taken from that source.
(2) The advice referred to in subsection (1) must be given— (a) (b) as early as practicable before the supplier begins to supply drinking water from raw water taken from the source; or as soon as practicable after the supplier has begun supplying drinking water that was raw water taken from the source if, due to an unforeseen event, it is necessary, as a matter of urgency, to supply drinking water that was raw water taken from the source.
Section 69ZI: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZJ Powers of medical officer of health relating to temporary drinking-water suppliers (1) A medical officer of health may, by notice in writing, impose reasonable requirements on a temporary drinking-water supplier to monitor the drinking water supplied by that supplier.
(2) A medical officer of health may, by notice in writing, prohibit a temporary drinking-water supplier from supplying drinking water from a particular source.

(3) A temporary drinking-water supplier must comply with a notice issued to that supplier under subsection (1) or (2).

Section 69ZJ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Drinking-water assessors and designated officers Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZK Director-General may appoint drinking-water assessors (1) The Director-General may appoint 1 or more individuals as drinking-water assessors on any terms and conditions that the Director-General considers appropriate (including, without limitation, terms enabling the Director-General to suspend or revoke the appointment in any specified circumstances).
(2) Before appointing an individual as a drinking-water assessor, the Director- General must be satisfied that the individual— 90 Reprinted as at 1 August 2020 (a) (b) (c) Health Act 1956 Part 2A s 69ZL has the experience, technical competence, and other qualifications to undertake the functions of a drinking-water assessor; and [Repealed] has in place effective arrangements to avoid or manage any conflicts of interest that may arise.
(3) [Repealed] (4) No individual appointed by the Director-General under subsection (1) to be a drinking-water assessor is, because of that appointment, employed in the Public Service for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.

Section 69ZK: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69ZK(1): amended, on 1 August 2019, by section 13(1) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69ZK(2): amended, on 1 August 2019, by section 13(2) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69ZK(2): amended, on 1 August 2019, by section 13(3) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69ZK(2)(b): repealed, on 1 August 2019, by section 13(4) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
Section 69ZK(3): repealed, on 1 August 2019, by section 13(4) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69ZK(4): amended, on 1 August 2019, by section 13(5) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
69ZL Functions of drinking-water assessors (1) The functions of a drinking-water assessor are— (a) to assess the performance of drinking-water suppliers to determine whether or not they are— (i) (ii) complying with the requirements of this Part; and complying with the requirements of the drinking-water standards; and (iii) implementing their water safety plans; and (b) (c) (d) (e) to notify designated officers and drinking-water suppliers of any non- compliance with those requirements; and to ensure that records from which compliance, or non-compliance, with those requirements may be ascertained are provided to the Director- General; and to provide information to the Director-General in relation to the compli- ance of drinking-water suppliers with those requirements; and to assess the competence of persons to analyse samples of raw water or drinking water, to calibrate equipment used to treat or monitor raw water 91 Part 2A s 69ZM Health Act 1956 Reprinted as at 1 August 2020 (f) (g) (h) (i) (j) or drinking water, or to undertake any other task required to ensure com- pliance with this Part, the drinking-water standards, or a water safety plan; and to authorise persons with sufficient competence to undertake 1 or more of those tasks for the purposes of ensuring compliance with this Part, the drinking-water standards, and any water safety plan; and to verify the adequacy of, and, where appropriate, approve water safety plans prepared by drinking-water suppliers or other persons and to cer- tify the
 implementation of those plans; and to check that complaints received by drinking-water suppliers are recor- ded and responded to appropriately; and to provide to the Director-General information of a kind specified by the Director-General that is obtained under this Act; and to carry out— (i) (ii) any other functions and duties conferred on drinking-water asses- sors by this Part or any other enactment; and any other functions and duties, in relation to the assessment of drinking water, that the Director-General specifies by notice in writing signed by the Director-General and given to the drinking- water assessor.
(2) The functions referred to in subsection (1)(e) and (f) do not apply in relation to any recognised laboratory.

(3) A notice under subsection (1)(j)(ii) is neither a legislative instrument nor a dis- allowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

Section 69ZL: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69ZL(1)(a)(iii): amended, on 5 December 2013, by section 11 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZL(1)(e): amended, on 5 December 2013, by section 11 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZL(1)(f): amended, on 5 December 2013, by section 11 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZL(1)(g): amended, on 5 December 2013, by section 11 of the Health Amendment Act 2013 (2013 No 119).
Section 69ZL(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

69ZM Drinking-water assessors accountable to Director-General for performance of functions (1) A drinking-water assessor is accountable to the Director-General for the dis- charge of the assessor’s statutory functions.
92 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZO (2) On the request of the Director-General, a drinking-water assessor must give the Director-General reasonable access to any records held by the assessor in con- nection with the assessor’s functions under this Part, to enable the Director- General to assess whether the assessor is properly discharging those functions.

Section 69ZM: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZN Functions of designated officers The functions of designated officers are— (a) to ensure that the provisions of this Part are complied with, and in par- ticular that— (i) (ii) any requirement imposed, or direction given, by a drinking-water assessor under this Part is complied with; and any compliance order issued by a medical officer of health under this Part is complied with: (b) (c) to exercise, where appropriate, the powers conferred by section 69ZO: to investigate the commission of offences under this Part and to bring proceedings in respect of those offences.
Section 69ZN: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZO Powers of designated officers (1) Despite any other enactment, a designated officer may exercise 1 or more of the powers set out in subsection (2) if the officer— (a) believes, on reasonable grounds, that there is a serious risk to public health arising from the drinking water supplied to those people, or from a lack of drinking water available to those people; and (b) complies with subsections (3), (4), and (5) (if applicable).
(2) The powers referred to in subsection (1) are to— (a) (b) (c) (d) take immediate action, or to require any person to take immediate action, to prevent, reduce, or eliminate any risk to public health arising from a drinking-water supply: require any drinking-water supplier to stop supplying drinking water that has not been treated to make it potable: require all persons within a specific area to use an alternative drinking- water supply: for the purpose of protecting the public, publish statements relating to the serious risk of harm to health or safety, including, without limitation, statements about the boiling of water.
(3) The exercise of any power referred to in subsection (2) that would otherwise involve the contravention of any of sections 9, 12, 13, 14, or 15 of the 93 Part 2A s 69ZP Health Act 1956 Reprinted as at 1 August 2020 Resource Management Act 1991 is not a contravention of any of those sections if, before the exercise of the power, the designated officer— (a) consults with the relevant consent authority and takes account of any views expressed by the authority about the way in which the power is to be exercised; and (b) obtains the consent of the Director-General to the exercise of the power.
(4) A designated officer must— (a) (b) take all practicable steps to consult with affected drinking-water suppli- ers before exercising a power referred to in subsection (2); and in every case, take all reasonable steps to comply with rules relating to health and safety at any place, while the officer exercises any power referred to in subsection (2) in respect of that place.
(5) Every person who is required by a designated officer, under this section, to take any action, or not to take any action, must comply with that requirement.
(6) A requirement imposed under this section ceases to have effect at the expiry of 72 hours after it is imposed unless, before the expiry of that period, the Minis- ter— (a) (b) is satisfied that the requirement ought to continue in effect; and has declared a drinking-water emergency under section 69ZZA in rela- tion to the risk of harm that was the reason for imposing that require- ment.

Section 69ZO: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZP Powers of drinking-water assessors and designated officers (1) For the purpose of performing any function as a drinking-water assessor or des- ignated officer, a drinking-water assessor or designated officer may— (a) (b) exercise the powers in sections 128 and 128A for that purpose in their own right (whether or not they hold any office or authorisation referred to in section 128), as long as they comply with sections 69ZR (which restricts the exercise of their powers) and 69ZS (which requires a war- rant to enter a dwellinghouse); and inspect, at all reasonable times, all records and documents of every description in the possession or control of a drinking-water supplier that are required to be kept under section 69ZD, and make copies of, or take extracts from, those records and documents; and (c) require a drinking-water supplier to supply any information or answer any question relating to that drinking-water supplier’s— (i) (ii) compliance with this Part; and compliance with the drinking-water standards; and 94 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZP (d) (e) (f) (g) (h) (iii) implementation of that drinking-water supplier’s water safety plan; and require, by notice in writing, any person who has possession or control of information, records, or documents of the kind described in para- graphs (b) and (c) to supply to the drinking-water assessor or the desig- nated officer, in a manner specified in the notice, all or any of that infor- mation, or all or any of those records or
 documents; and conduct any inspections, surveys, inquiries, tests, and measurements in relation to raw water taken by a drinking-water supplier or drinking water supplied by a drinking-water supplier or any source of water used by a drinking-water supplier that are reasonably necessary, and do all things that are reasonably necessary to enable those inspections, surveys, inquiries, tests, and measurements to be carried out (including the mark- ing or photographing of any thing or article); and direct any
 drinking-water supplier to conduct any inspections, surveys, inquiries, tests, and measurements that are reasonably necessary; and take samples of any raw water or drinking water and of any substance or organism that the drinking-water assessor has reasonable cause to sus- pect is a contaminant of that raw water or pollutant of drinking water, as the case requires; and take whatever steps he or she thinks fit to verify the competence of per- sons who have performed, or are performing, tests and analyses of raw water or drinking water if those tests have not been or are not being per- formed by a laboratory recognised by the Director-General under section 69ZY; and (i) provide information obtained from drinking-water suppliers under this Part to the Director-General.
(2) For the purposes of this section reasonable time means— (a) (b) during normal working hours; or at any time,— (i) (ii) with the agreement of the drinking-water supplier; or if the drinking-water assessor or designated officer believes that there is an emergency.

(3) This section and section 69ZQ do not limit the powers exercisable by a desig- nated officer under the other Parts of this Act or any other enactment.
Section 69ZP: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZP(1)(a): replaced, on 1 August 2019, by section 14 of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69ZP(1)(c)(iii): amended, on 5 December 2013, by section 12 of the Health Amendment Act 2013 (2013 No 119).
95 Part 2A s 69ZQ Health Act 1956 Reprinted as at 1 August 2020 69ZQ Ancillary powers (1) When entering land, buildings, vehicles, vessels, or rail wagons under section 69ZP or in accordance with a warrant issued under section 69ZS, a drinking- water assessor or designated officer may— (a) (b) be accompanied and assisted by any other person; and take on to the land or into the building, vehicle, vessel, or rail wagon, any appliances, machinery, and equipment reasonably necessary to carry out the drinking-water assessor’s functions or the designated officer’s functions, as the case may be.
(2) Any person who accompanies or assists a drinking-water assessor or designa- ted officer under this section may act only under the supervision or in accord- ance with the instructions of the assessor or officer.

(3) A drinking-water assessor or designated officer must take all practicable steps to ensure that any thing taken onto a property in reliance on subsection (1)(b) is— (a) (b) free from contamination; and in good working order.
Section 69ZQ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZR Restrictions on exercise of powers (1) Despite section 69ZP, a drinking-water assessor or designated officer— (a) must not exercise any power conferred by section 69ZP(1)(a) unless the drinking-water assessor or designated officer has taken all practicable steps to obtain the information sought from other sources (for example, the relevant regional council); and (b) must not exercise any power conferred by section 69ZP(1)(g) unless he or she takes all practicable steps to ensure that— (i) (ii) the power is exercised in the presence of a representative of the drinking-water supplier concerned; and a duplicate sample is given to that representative or left at the premises; and (c) must not, in the case of a drinking-water assessor, exercise any power conferred by section 69ZP(1)(a), unless that assessor has obtained, in respect of the particular exercise of the power, the written approval of a medical officer of health; and (d) must, if a large drinking-water supplier considers that a proposed exer- cise of any power under section 69ZP will place its water supply at risk and advises the assessor or officer of that opinion in writing, consult with an expert nominated for the purpose by the Director-General, before exercising the power; and 96 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZS (e) in a case where the assessor or officer proposes to exercise the power conferred by section 69ZP to enter a dwellinghouse, must not exercise that power unless he or she has obtained a warrant under section 69ZS.
(2) Despite section 69ZP, neither a drinking-water assessor nor a designated offi- cer may enter any land or building that is a defence area (within the meaning of section 2(1) of the Defence Act 1990) except in accordance with a written agreement between the Director-General and the Chief of Defence Force entered into for the purposes of this section and for the time being in force.
(3) Nothing in section 69ZP limits any enactment that imposes a prohibition or restriction on the availability of any information.

(4) No person may be required, on examination or inquiry under section 69ZP, to give any answer or information tending to incriminate that person, and each person from whom an answer or information is sought must be informed of that right before the power to demand that answer or information is exercised.

(5) Nothing in this section, or in section 69ZP, limits section 128.
Section 69ZR: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZR(1)(c): amended, on 1 August 2019, by section 22(a) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69ZR(1)(c): amended, on 1 August 2019, by section 22(b) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
69ZS Requirement for warrant to enter dwellinghouse (1) A drinking-water assessor or designated officer may not exercise the powers conferred by section 69ZP to enter a dwellinghouse unless that drinking-water assessor or designated officer has obtained a search warrant in accordance with subsection (2).
(2) Any District Court Judge or Justice of the Peace or Community Magistrate or any Registrar who is satisfied, on application in writing from a drinking-water assessor or designated officer made on oath, that there are reasonable grounds for believing that a drinking-water assessor or designated officer needs to enter a dwellinghouse in order to exercise a power under section 69ZP, may issue a search warrant in the prescribed form.
(3) Every search warrant must be directed either to a drinking-water assessor or designated officer by name or to every drinking-water assessor or designated officer, but in any of those cases, the warrant may be executed by any drinking- water assessor or designated officer.

(4) On issuing a warrant, the Judge, Justice of the Peace, Community Magistrate, or Registrar may impose any reasonable conditions on its execution that he or she thinks fit.
(5) Every warrant must, subject to any conditions imposed under subsection (4), authorise the drinking-water assessor or designated officer who is executing it, 97 Part 2A s 69ZT Health Act 1956 Reprinted as at 1 August 2020 and any person assisting that drinking-water assessor or designated officer under section 69ZQ,— (a) (b) to enter the dwelling on 1 occasion within 14 days after the date of the issue of the warrant at any time that is reasonable in the circumstances; and to use any force, both for making entry (either by breaking open doors or otherwise) and for breaking open anything on the premises or dwelling, that is reasonable in the circumstances; and (c) to exercise any power conferred by section 69ZP.
Section 69ZS: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZT Standard conditions applying where warrant executed (1) Any drinking-water assessor or designated officer who executes a search war- rant must carry the warrant with him or her, and must produce it for inspec- tion,— (a) on first entering the dwelling, to the person appearing to be in charge of the dwelling; and (b) whenever subsequently required to do so, at the dwelling, by any other person appearing to be in charge of the dwelling or any part of the dwell- ing.
(2) If the occupier of the dwelling is not present at the time the search warrant is executed, the drinking-water assessor or designated officer must leave in a prominent place at the dwelling a written statement of the time and date of the search, and of the drinking-water assessor or designated officer’s name and the address of the office to which inquiries should be made.

Section 69ZT: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZU Drinking-water assessors and designated officers must produce identification (1) The Director-General must provide an identity card or other means of identifi- cation to each drinking-water assessor and each designated officer.

(2) Whenever a drinking-water assessor or designated officer exercises any power under this Part, that drinking-water assessor or designated officer must, on request, produce the identity card or other means of identification for inspec- tion.
(3) Whenever a drinking-water assessor or designated officer enters any land, building, vehicle, vessel, or rail wagon under section 69ZP, he or she must, on first entering and, if requested, at any later time, produce to the person appa- rently in charge, his or her identity card or other means of identification, for inspection.
98 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZW (4) Whenever a drinking-water assessor or designated officer enters any land, building, vehicle, vessel, or rail wagon under section 69ZP and is unable, despite reasonable efforts, to find any person apparently in charge, he or she must before leaving that place leave a written notice stating— (a) (b) (c) (d) his or her identity; and an address where he or she may be contacted; and the date and time of entry; and his or her reasons for entering.
(5) A person or agency who ceases to be a drinking-water assessor or designated officer must, as soon as possible, return the identity card or other means of identification to the Director-General.

Section 69ZU: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZV Inventory of things seized to be provided If any thing is seized by a drinking-water assessor or designated officer under section 69ZP or a person accompanying that officer the drinking-water assessor or designated officer must leave in a prominent location at the place, or send to the occupier within 10 working days after the search, a written inventory of all things seized.

Section 69ZV: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZW Review of decisions of drinking-water assessors (1) A drinking-water supplier may request a review by the Director-General of any of the following decisions by a drinking-water assessor: (a) a finding, assessment, or recommendation in relation to the compliance of that drinking-water supplier with the requirements of this Part, that drinking-water supplier’s water safety plan, or the drinking-water stand- ards; or (b) a refusal to approve that drinking-water supplier’s water safety plan, or to certify its implementation.
(2) Any request for a review made under this section must be forwarded to the Director-General within 2 months after the date when the decision of the drink- ing-water assessor is made known to the drinking-water supplier.

(3) The Director-General must, after seeking any advice that he or she considers necessary, confirm, vary, or reverse the decision of the drinking-water assessor.

Section 69ZW: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69ZW(1)(a): amended, on 5 December 2013, by section 13 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZW(1)(b): amended, on 5 December 2013, by section 13 of the Health Amendment Act 2013 (2013 No 119).

99 Part 2A s 69ZX Health Act 1956 Reprinted as at 1 August 2020 69ZX Register of drinking-water assessors (1) (2) The Director-General must maintain a register of individuals who have been appointed as drinking-water assessors.
The following particulars must be recorded in the register in respect of every individual registered as a drinking-water assessor: (a) (b) (c) (d) the individual’s name and any business contact details; and the date and term of the individual’s appointment; and any conditions on the individual’s appointment; and any other particulars that may be required by or under this Part or regu- lations made under section 69ZZY.
(3) The register may also include any other information relevant to an individual’s appointment as a drinking-water assessor that the Director-General considers appropriate.

Section 69ZX: replaced, on 1 August 2019, by section 23 of the Health (Drinking Water) Amend- ment Act 2019 (2019 No 41).

Recognised laboratories Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZY Director-General may recognise laboratories (1) The Director-General may recognise 1 or more laboratories to conduct tests and analyses of raw water and drinking water for the purposes of— (a) (b) this Part; and the drinking-water standards.
(2) The Director-General must not recognise a laboratory under subsection (1) unless that laboratory— (a) is— (i) (ii) (iii) accredited under subpart 3 of Part 1 of the Standards and Accreditation Act 2015; or accredited by International Accreditation New Zealand (IANZ) or any other prescribed body, for the purposes of this section; or recognised by the International Organization for Standardization (ISO) or the International Electrotechnical Commission (IEC) as meeting the ISO/IEC 17025: 1999 (General requirements for the competence of testing and calibration laboratories) standard or an equivalent standard, for the purposes of this section; and (b) complies with any criteria for the recognition of laboratories that are specified in regulations made under section 69ZZY(1)(d).
100 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZ (3) A laboratory may be recognised on whatever terms and conditions the Director-General considers appropriate (including, without limitation, terms enabling the Director-General to suspend or withdraw recognition in any speci- fied circumstances).

(4) (5) The Director-General must maintain a register of recognised laboratories.
The following particulars must be recorded in the register in respect of every recognised laboratory: (a) (b) (c) (d) the name and business details of the person or agency that operates the laboratory: the date of the laboratory’s recognition: any conditions relating to the recognition of the laboratory: the test methods and determinands in respect of which the laboratory has— (i) (ii) expertise; and the appropriate testing equipment: (e) any other particulars that may be required by or under this Part or regu- lations made under section 69ZZY.
Section 69ZY: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZY(2)(a)(i): amended, on 21 October 2015, by section 45(2) of the Standards and Accreditation Act 2015 (2015 No 91).
69ZZ Compliance tests must be carried out by recognised laboratory (1) If, under this Part or the drinking-water standards, a drinking-water supplier or a drinking-water assessor is required to obtain an analysis of, or to perform a test on, raw water or drinking water, that analysis or test must be performed at a laboratory that has been recognised under section 69ZY unless— (a) (b) it is not reasonably practicable to do so; and the Director-General has approved, in writing, the alternative procedures that are to be used to analyse or test the raw water or drinking water.
(2) A copy of the results of any analysis or test referred to in subsection (1) that indicate any non-compliance with a maximum acceptable value set out in the drinking-water standards must be forwarded to the Director-General by the operator of the laboratory or the person who performs the analysis or test as soon as practicable after the test or analysis is conducted.

Section 69ZZ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
101 Part 2A s 69ZZA Health Act 1956 Reprinted as at 1 August 2020 Emergency powers Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZA Minister may declare drinking-water emergency (1) If the Minister believes, on reasonable grounds, that there is a serious risk of harm to the health or safety of any people arising from the drinking water sup- plied to those people, or from a lack of drinking water available to those people, the Minister may declare a drinking-water emergency in relation to— (a) (b) a drinking-water supply; or all drinking-water supplies within an area specified in the declaration.
(2) A drinking-water emergency declaration must specify— (a) (b) (c) the nature of the emergency; and the purpose of the declaration; and the geographical area, or specific drinking-water supplies, to which the declaration relates; and (d) the period of time during which the declaration remains in force.

(3) The Minister may amend a drinking-water emergency declaration.
(4) As soon as possible after making or amending a drinking-water emergency declaration, the Minister must— (a) give a copy of the declaration or amended declaration to every affected drinking-water supplier; and (b) publish a copy of the declaration or amended declaration— (i) (ii) in the Gazette; and in a daily newspaper circulating in the affected area.

(5) Despite section 28 of the State Sector Act 1988, the Minister may not delegate any of the powers conferred by subsection (1) or (2).
Section 69ZZA: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZB Maximum duration of drinking-water emergency declaration No drinking-water emergency declaration may remain in force for longer than 28 days unless regulations are made under section 69ZZY(1)(e) extending the period of the drinking-water emergency.

Section 69ZZB: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZC Drinking-water emergency may be declared or continued even if other emergency declared (1) A drinking-water emergency— 102 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZD (a) may be declared even if an emergency has been declared under another enactment: (b) remains in force in accordance with section 69ZZB, even if an emer- gency has been declared under another enactment.
(2) Despite subsection (1), if an emergency is declared under the Civil Defence Emergency Management Act 2002 or the Hazardous Substances and New Organisms Act 1996, unless the Director-General directs otherwise, any desig- nated officer is, when exercising any powers conferred by section 69ZZD, sub- ject to the direction of,— (a) (b) in the case of an emergency declared under the Civil Defence Emer- gency Management Act 2002, the Controller (within the meaning of sec- tion 4 of the Civil Defence Emergency Management Act 2002); or in the case of an emergency declared under the Hazardous Substances and New Organisms Act 1996, the relevant office-holder who appointed the enforcement officer who declared the emergency.
Section 69ZZC: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZD Special powers of designated officers during drinking-water emergency (1) If a drinking-water emergency in relation to drinking water has been declared, a designated officer may exercise all or any of the emergency powers given by subsection (2) for the purpose of preventing, reducing, or eliminating the risk of harm to people arising from the drinking water supplied to them.
(2) The emergency powers are to— (a) (b) (c) (d) take immediate action, or require any person to take immediate action, to prevent, reduce, or eliminate any risk to public health arising from a drinking-water supply: require any drinking-water supplier to stop supplying, or, as the case requires, transporting drinking water that is not potable: require all persons within a specified area to use an alternative drinking- water supply: require emergency work to be done to provide an alternative supply of drinking water, and, subject to subsection (4), to recover the reasonable costs of that work from— (i) (ii) any 1 or more drinking-water suppliers specified in the drinking- water emergency declaration; or any 1 or more drinking-water suppliers within the geographical area specified in the drinking-water emergency declaration: (e) forbid the discharge of any substance or organism that might contami- nate or pollute a source of drinking water or a drinking-water supply sys- tem: 103 Part 2A s 69ZZE Health Act 1956 Reprinted as at 1 August 2020 (f) (g) (h) (i) (j) (k) (l) require any place, building, vehicle, vessel, rail wagon, or thing to be isolated, quarantined, or disinfected, or any thing to be relocated or secured: close any public place, or any part of a public place, that does not have an adequate supply of safe drinking water: cancel any public event, function, or gathering at any place that does not have an adequate supply of drinking water: require any person to leave any place, or not to enter any
 place, in the vicinity of the emergency: require any person to stop any activity that, in the designated officer’s opinion, may be contributing to the drinking-water emergency: grant to any drinking-water supplier or other person a conditional or unconditional exemption from the duty to comply with all or any of the provisions of this Part or the drinking-water standards during the period of the drinking-water emergency: take any other action reasonably necessary to control, reduce, or avoid the risk of harm to people arising from the drinking water supplied to them.
Every person who is required by a designated officer, under subsection (2), to take any action, or not to take any action, must comply with that requirement.

Costs may not be recovered from a drinking-water supplier under subsection (2)(d) unless the emergency was caused or contributed to by the acts or omis- sions of that drinking-water supplier.
If a designated officer decides to recover costs from a drinking-water supplier under subsection (2)(d), that drinking-water supplier may appeal to the District Court against that decision.
If a drinking-water supplier appeals, under subsection (5), against a decision to recover costs from that drinking-water supplier, the court must inquire into the circumstances of the emergency work and must determine— (a) whether any costs are to be recovered from that drinking-water supplier; and (b) the amount of the costs (if any) to be recovered.

Section 69ZZD: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(3) (4) (5) (6) 69ZZE Compensation for property requisitioned or destroyed (1) Reasonable compensation is payable for any loss or destruction of property if a designated officer, or any person acting at a designated officer’s request made under section 69ZZD,— (a) requisitions any property from any person for use in a drinking-water emergency; or 104 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZF (b) destroys any property in order to prevent, remedy, or mitigate any risk to public health from a drinking-water supply.
(2) (3) Reasonable compensation under subsection (1) is payable, on written applica- tion by any person having an interest in the property, by the Director-General or out of money appropriated by Parliament for the purpose.

Compensation is not payable under this section to any person who caused or contributed substantially to the emergency that brought about the requisition or destruction.
(4) The Director-General may— (a) (b) require a drinking-water supplier who has caused or contributed substan- tially to an emergency to reimburse the Crown for all or part of any com- pensation paid on behalf of the Crown under this section in relation to that emergency: require 1 or more territorial authorities whose district or districts were affected by that emergency to reimburse the Crown for any shortfall between the amount of compensation paid under this section and the amount of any reimbursement received under paragraph (a).
(5) If there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of that compensation, or as to the liabil- ity of the Crown to pay compensation, or as to the liability of any person to reimburse the Crown under subsection (4), the matter must be determined by a court of competent jurisdiction.

Section 69ZZE: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZF Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991 (1) If any action under section 69ZO or 69ZZD would be in breach of the provi- sions of Part 3 of the Resource Management Act 1991, the Minister may exempt the action taken from the provisions of Part 3 of the Resource Manage- ment Act 1991 for up to 28 days.
(2) Before making a decision under subsection (1), the Minister— (a) must consult with the relevant consent authority (to the extent that is possible in the circumstances); and (b) may consult with any other persons that the Minister considers appropri- ate.

(3) A failure to comply with the provisions of subsection (2) does not affect the validity of any exemption given under this section.
(4) Despite subsection (1), if, during any period while an exemption by the Minis- ter is in force, a consent authority refuses to issue a resource consent in respect of the action which is the subject of the exemption, the exemption, if not expir- 105 Part 2A s 69ZZG Health Act 1956 Reprinted as at 1 August 2020 ing earlier, expires at the close of 5 working days after the date of the decision of the consent authority unless— (a) (b) regulations continuing the exemption are made under subsection (5); or any appeal is lodged against the decision of the consent authority, in which case the exemption expires on the determination of the appeal or at the time specified by the court that determines the appeal.
(5) If any action has been exempted from Part 3 of the Resource Management Act 1991 under subsection (1) and the Minister considers that it is necessary to continue the action beyond the duration of the exemption in order to prevent, reduce, or eliminate the risk of harm to people arising from the drinking-water supplied to them,— (a) (b) the Minister may recommend that regulations be made continuing the exemption; and the Governor-General may, by Order in Council, make regulations for that purpose.
(6) Regulations made under this section— (a) (b) come into force on the date of their notification in the Gazette or at the time specified in the regulations, whichever is the later; and continue in force until revoked or until a date not later than the day 2 years after the regulations came into force, on which date the regulations expire and are deemed to have been revoked.

Section 69ZZF: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZG Effect of exemption If an exemption is granted under section 69ZZF, the provisions of Part 3 of the Resource Management Act 1991 do not apply to the actions taken under sec- tion 69ZO or section 69ZZD to which the exemption relates while the exemp- tion remains in force.

Section 69ZZG: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Compliance orders Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZH Medical officer of health may issue compliance order (1) A medical officer of health may serve a compliance order on any drinking- water supplier or temporary drinking-water supplier— (a) requiring that person to stop, or prohibiting that person from starting, anything done or to be done by, or on behalf of, that person that the med- ical officer of health believes, on reasonable grounds,— 106 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZJ (i) contravenes, or is likely to contravene, this Part; or (ii) will or may create a risk to public health arising from that person’s drinking-water supply; or (b) requiring that person to do something that the medical officer of health believes, on reasonable grounds, is necessary to— (i) (ii) ensure compliance by, or on behalf of, that person with this Part; or prevent, remedy, or mitigate any risk to public health arising from that person’s drinking-water supply.
(2) A compliance order may be made subject to conditions.

(3) A compliance order may specify the time within which compliance must be achieved.

Section 69ZZH: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZI Compliance with compliance order (1) A drinking-water supplier or temporary drinking-water supplier on whom a compliance order is served must— (a) (b) comply with the order within the period specified in it; and unless the order directs otherwise, pay all the costs and expenses of com- plying with it.

(2) This section is subject to the rights of appeal in section 69ZZK.

Section 69ZZI: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZJ Form and content of compliance order Every compliance order must state— (a) (b) (c) (d) (e) (f) (g) the name of the drinking-water supplier or temporary drinking-water supplier to whom it is addressed; and the reasons for the order; and the action required to be taken, stopped, or not taken; and the period within which the action must be taken or stopped, being a reasonable period within which to take the action required or to stop the action; and the consequences of not complying with the order or lodging a notice of appeal; and the rights of appeal under section 69ZZK; and the name and office address of the medical officer of health who issued the order.
107 Part 2A s 69ZZK Health Act 1956 Reprinted as at 1 August 2020 Section 69ZZJ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZK Appeals (1) Any drinking-water supplier or temporary drinking-water supplier on whom a compliance order is served may appeal to the District Court in accordance with subsection (2) against the whole or any part of that order.
(2) A notice of an appeal must— (a) (b) state the reasons for the appeal and the relief sought; and be lodged with the District Court and served on the medical officer of health who issued the order.

(3) An appeal against a compliance order does not operate as a stay of that order unless a stay is granted by the District Court under section 69ZZL.
(4) On an appeal under this section, the District Court may— (a) (b) (c) confirm the compliance order; or vary the compliance order; or set the compliance order aside.

Section 69ZZK: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZL Stay of compliance order pending appeal (1) Any drinking-water supplier or temporary drinking-water supplier who appeals under section 69ZZK may also apply to a District Court Judge for a stay of the compliance order pending a decision on the appeal.
(2) An application for a stay must— (a) (b) (c) (d) state the reasons why the drinking-water supplier or temporary drinking- water supplier considers it unreasonable to comply with the compliance order; and state the likely effect on the people who will drink the drinking water supplied or transported by the drinking-water supplier or temporary drinking-water supplier if the stay is granted; and state the likely effect on the drinking-water supplier or temporary drink- ing-water supplier or, if relevant, their drinking-water supply, if the stay is not granted; and be lodged with the District Court and served immediately on the medical officer of health who issued the order.
(3) If a drinking-water supplier or temporary drinking-water supplier applies for a stay, a District Court Judge must consider the application for a stay as soon as practicable after the application has been lodged.
(4) Before granting a stay, the District Court Judge must consider— 108 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZN (a) the likely effect of granting a stay on the people who will drink the drinking water supplied or transported by that drinking-water supplier or temporary drinking-water supplier, if the stay is granted; and (b) whether it is unreasonable for the drinking-water supplier or temporary drinking-water supplier to comply with the compliance order pending the decision on the appeal; and (c) any other matters that the Judge considers appropriate.
(5) The District Court Judge may grant or refuse a stay and, if the Judge grants a stay, may impose any terms and conditions on that stay that the Judge considers appropriate.

(6) Any drinking-water supplier or temporary drinking-water supplier to whom a stay is granted must serve a copy of it on the medical officer of health who issued the order.

(7) A stay does not have effect until it is served in accordance with subsection (6).
Section 69ZZL: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZM Variation and cancellation of compliance order (1) (2) If a medical officer of health considers that a compliance order is no longer required, he or she may cancel the compliance order.
The medical officer of health must give written notice of his or her decision to cancel a compliance order to the drinking-water supplier or temporary drink- ing-water supplier who is subject to that compliance order.

(3) Any person who is directly affected by a compliance order may apply in writ- ing to the medical officer of health to change or cancel the compliance order.
(4) The medical officer of health— (a) must, as soon as practicable, consider the application, having regard to— (i) (ii) (iii) the purpose for which the compliance order was issued; and the effect of a change or cancellation on that purpose; and any other matter that the medical officer of health considers appropriate; and (b) may confirm, change, or cancel the compliance order.
(5) The medical officer of health must give written notice of his or her decision to the person who applied under subsection (3) for a change or cancellation of the compliance order.

Section 69ZZM: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZN Appeals against decision on change or cancellation of compliance order (1) If the medical officer of health, after considering an application made under section 69ZZM(3) by a person who is directly affected by a compliance order, 109 Part 2A s 69ZZO Health Act 1956 Reprinted as at 1 August 2020 confirms that compliance order or changes it in a way other than that sought by that person, that person may appeal to the District Court in accordance with section 69ZZK against the whole or any part of the compliance order.
(2) No person who lodges an appeal under subsection (1) may apply for, or be granted, a stay of the compliance order pending a decision on that appeal.

Section 69ZZN: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Contamination of water supplies and sources Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZO Contamination of raw water or pollution of water supply (1) (2) Every person commits an offence who does any act likely to contaminate any raw water or pollute any drinking water, knowing that the act is likely to con- taminate or pollute that water, or being reckless as to the consequences of that act.

Every person who commits an offence under subsection (1) is liable on convic- tion to imprisonment for a term not exceeding 5 years, or to a fine not exceed- ing $200,000, or both.
Section 69ZZO: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZO(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
69ZZP Local authority may be required to warn users of self-supplied building water supplies about contamination (1) A medical officer of health who believes that a source of water for a drinking- water supply is contaminated in a way that affects or is likely to affect self-sup- plied building water supplies provided from that source may issue a notice to the territorial authority or regional council responsible for the area to which water is supplied from that source, or to both.
(2) A territorial authority or regional council that receives a notice under subsec- tion (1) must— (a) ensure that an assessment is made as to whether drinking water that is not potable has been or is being supplied to a self-supplied building water supply from the source specified in the notice; and (b) if that assessment so requires, take all practicable steps— (i) to warn users of that supply— (A) that drinking water must not be used for domestic use and food preparation; or 110 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZR (B) that drinking water may only be used for domestic use and food preparation if certain steps are first taken (for example, boiling the water); and (ii) to exercise any other power or take any action to remedy the situ- ation.
Section 69ZZP: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Offences Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZQ Offence to supply or transport water if not registered (1) Every drinking-water supplier commits an offence who supplies water for more than 5 days unless that supplier is— (a) (b) registered under section 69K; or authorised to supply water by a medical officer of health.
(2) Every drinking-water supplier who is a water carrier commits an offence if the water carrier— (a) transports raw water or drinking water for more than 5 days in any 12- month period unless that carrier is— (i) (ii) registered under section 69K; or authorised to supply water by a medical officer of health: (b) exports raw water or drinking water while not registered under section 69K.
(3) Every person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

Section 69ZZQ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZQ(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
69ZZR Offences against sections in this Part (1) Every person commits an offence who contravenes, or permits a contravention of, any of the following: (a) (b) section 69U (duty to protect source of drinking water): section 69V (duty to take all practicable steps to comply with drinking- water standards): (c) section 69Y (duty to monitor drinking water): 111 Part 2A s 69ZZR Health Act 1956 Reprinted as at 1 August 2020 (d) (e) (f) (g) section 69Z (duty to prepare and implement water safety plan): section 69ZA(5) (duty of certain drinking-water suppliers or temporary drinking-water suppliers to prepare and implement a water safety plan if required to do so): section 69ZF (duty to take remedial action if drinking-water standards breached): section 69ZZD(3) (duty to comply with requirements of a designated officer acting under emergency powers).
(2) Every person commits an offence who contravenes, or permits a contravention of, any of the following: (a) (b) section 69ZD (duty to keep records and make them available): section 69ZG (duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health): (c) section 69ZZI (compliance with compliance order).
(3) Every person commits an offence who contravenes, or permits a contravention of, any of the following: (a) (b) (c) (d) (e) (f) (g) section 69K (applications for registration): section 69L (renewal of registration by water carriers): section 69M (duty to update details on register): section 69S (duty of suppliers in relation to provision of drinking water): section 69T (duties where risk to water is actual or foreseeable): section 69X (duty to test new water sources): section 69ZI (duty to notify medical officer of health of source and qual- ity of raw water).
(4) Every person commits an offence who, without reasonable excuse, takes any water from a fire hydrant, unless— that person is an employee, volunteer, or contractor of Fire and Emer- gency New Zealand and is carrying out an operational activity; or [Repealed] [Repealed] that person— (i) (ii) has the written approval of the drinking-water supplier who sup- plies water to the hydrant; and has been assessed by that drinking-water supplier as being compe- tent to take water from that hydrant in a way that does not endan- ger the networked system of which the hydrant forms a part or the water in that system.
(a) (b) (c) (d) 112 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZT Section 69ZZR: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZR(1)(d): amended, on 5 December 2013, by section 14 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZZR(1)(e): amended, on 5 December 2013, by section 14 of the Health Amendment Act 2013 (2013 No 119).
Section 69ZZR(4)(a): replaced, on 1 July 2017, by section 197 of the Fire and Emergency New Zea- land Act 2017 (2017 No 17).

Section 69ZZR(4)(b): repealed, on 1 July 2017, by section 197 of the Fire and Emergency New Zea- land Act 2017 (2017 No 17).

Section 69ZZR(4)(c): repealed, on 1 July 2017, by section 197 of the Fire and Emergency New Zea- land Act 2017 (2017 No 17).
69ZZS Strict liability and defence to offences (1) (2) In any prosecution for an offence under section 69ZZQ or 69ZZR, it is not necessary to prove that the defendant intended to commit the offence.

It is a defence to prosecution for an offence under section 69ZZQ or 69ZZR if the defendant proves— (a) (b) that the defendant did not intend to commit the offence; and that the defendant took all practicable steps to prevent the commission of the offence.
Section 69ZZS: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZT Offences involving deception (1) Every person commits an offence who, with intent to deceive,— (a) makes any false or misleading statement or any material omission in any communication, record, or return for the purpose of this Part or the drinking-water standards; or (b) (c) destroys, cancels, conceals, alters, obliterates, or fails to provide, any document, record, return, or information that is required to be kept or communicated under this Part or under the drinking-water standards; or falsifies, removes, suppresses, or tampers with any samples, test proced- ures, test results, or evidence taken by a drinking-water assessor in the exercise of that drinking-water assessor’s functions or powers under this Part; or (d) falsifies, removes, suppresses, or tampers with any samples, test proced- ures, or test results taken under, or for the purposes of,— (i) (ii) the drinking-water standards; or a drinking-water supplier’s water safety plan.
(2) Every person who commits an offence against subsection (1) is liable on con- viction to the penalty set out in section 69ZZV(1).

113 Part 2A s 69ZZU Health Act 1956 Reprinted as at 1 August 2020 Section 69ZZT: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZT(1)(d)(ii): amended, on 5 December 2013, by section 15 of the Health Amendment Act 2013 (2013 No 119).
Section 69ZZT(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

69ZZU Time for filing charging document Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under this Part ends on the date that is 3 years after the date on which the offence was committed.

Section 69ZZU: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
69ZZV Penalties (1) (2) (3) (4) Every person who commits an offence against section 69ZZR(1) or 69ZZT is liable on conviction to a fine not exceeding $200,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues.
Every person who commits an offence against section 69ZZR(2) is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

Every person who commits an offence against section 69ZZR(3) or (4) is liable on conviction to a fine not exceeding $5,000.
The continued existence of any thing, or the intermittent repetition of any action, that constitutes an offence under section 69ZZR is a continuing offence for the purposes of this section.

Section 69ZZV: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZV(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 69ZZV(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 69ZZV(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
69ZZW Additional penalty for certain offences for commercial gain If a person is convicted of an offence against section 69ZZR or 69ZZT, the court may, if it is satisfied that the offence was committed in the course of pro- ducing a commercial gain, and in addition to any penalty that the court may impose under section 69ZZV, order that person to pay an amount not exceed- ing— (a) 3 times the value of any commercial gain resulting from the commission of the offence; or (1) 114 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZX (2) (3) (b) if the person is a body corporate, and the value of any gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).
For the purposes of subsection (1), the value of any gain (if readily ascertaina- ble) must be assessed by the court, and any amount ordered to be paid under subsection (1)(a) or (b) is recoverable in the same manner as a fine.

In this section, interconnected and turnover have the same meaning as in the Commerce Act 1986.

Section 69ZZW: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZX Liability of principal for acts of agents (1) If an offence is committed against this Part by any person (person A) acting as the agent (including any contractor) or employee of another person (person B), person B is, without prejudice to the liability of person A, liable under this Part in the same manner and to the same extent as if he, she, or it had personally committed the offence.
(2) Despite subsection (1), if any proceedings are brought under that subsection, it is a good defence if the defendant proves,— (a) in the case of a natural person (including a partner in a firm), that— (i) (ii) he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or he or she took all practicable steps to prevent the commission of the offence; or (b) in the case of a body corporate, that— (i) neither the directors nor any person concerned in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or (ii) the body corporate took all practicable steps to prevent the com- mission of the offence; and (c) in all cases, that the defendant took all practicable steps to remedy any effects of the act or omission giving rise to the offence.
(3) If any body corporate is convicted of an offence against this Part, every director and every person concerned in the management of the body corporate is also guilty of that offence if it is proved— (a) that the act that constituted the offence took place with his or her author- ity, permission, or consent; and 115 Part 2A s 69ZZY Health Act 1956 Reprinted as at 1 August 2020 (b) that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all prac- ticable steps to prevent or stop it.
Section 69ZZX: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Miscellaneous Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZY Regulations (1) The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) prescribing the quantity of drinking water, or a formula for determining the quantity of drinking water, that is an adequate supply to a property for the purposes of this Part: (b) regulating the carriage of raw water, drinking water, or both— (i) (ii) in trucks or other vehicles: by rail: (iii) in ships or other vessels: (c) (d) (e) (f) (g) (h) (i) (j) requiring the Director-General to issue guidelines to facilitate compli- ance with the requirements of section 69U, and requiring the Director- General to follow any specified process before issuing those guidelines: prescribing criteria, in addition to the criteria set out in section 69ZY(2), for the recognition of laboratories: extending the period, up to a maximum of 2 years, during which a drink- ing-water emergency declaration under section 69ZZA remains in force: prescribing specifications for metal and other materials that may be used for pipes, valves, taps, or other fittings susceptible to corrosion that come into contact with raw water or drinking water prior to the point of supply: regulating the nature of substances permitted to come into contact with raw water or drinking water prior to the point of supply: prescribing required competencies and other requirements in relation to the management, operation, and maintenance of drinking-water supply systems or components of those systems, or any of those matters: prescribing the form of warrant to be issued under section 69ZS: providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
Regulations may not be made for the purpose described in subsection (1)(a) except on the advice of the Minister provided after consultation with those bod- (2) 116 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZZ ies or organisations that appear to the Minister to be representative of persons likely to be substantially affected by the regulations.

Section 69ZZY: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZZ Protecting water supplies from risk of back-flow (1) This section applies if a networked supplier considers that there is a need to protect the networked system from risks of pollution caused by water and other substances on properties connected to the networked system.
(2) A networked supplier may,— (a) if the supplier considers it desirable or necessary,— (i) (ii) install a back-flow prevention system in the network on the side of the point of supply for which the supplier is responsible for maintaining; or allow the owner of property to which water is supplied to install a back-flow prevention system that incorporates a verifiable moni- toring system (being a monitoring system approved by both the supplier and a drinking-water assessor): (b) require the owner of the property in respect of which the back-flow pre- vention system operates or the person who is required (whether under the Local Government Act 2002 or any contract) to pay for drinking water supplied to that property,— (i) (ii) if paragraph (a)(i) applies, to reimburse the supplier for the cost of that system (including the cost of installation, testing, and on- going maintenance); and if paragraph (a)(i) or (ii) applies, to repair or modify any back- flow prevention system that, in the opinion of the supplier, is not functioning adequately.
(3) A person who installs a back-flow protection device must take all reasonable steps to ensure it can operate in a way that does not compromise the operation of any automatic sprinkler system connected to the water supply.
(4) A networked supplier— (a) must test each back-flow protection device operating in its network at least once a year; and (b) must advise the territorial authority in its area of the results; and (c) may require the occupier of the property in respect of which the device operates to pay the reasonable costs involved in conducting the test.

Section 69ZZZ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
117 Part 2A s 69ZZZA Health Act 1956 Reprinted as at 1 August 2020 69ZZZA Keeping, inspection, and copying of registers (1) Any register that is required to be kept under this Part may be kept in any man- ner that the Director-General considers appropriate, including, either wholly or partly, by means of a device or facility that— (a) (b) (c) records or stores information electronically or by other means; and permits the information so recorded to be readily inspected or repro- duced in usable form; and permits the information in the register to be accessed by electronic means, including (without limitation) by means of remote logon access.
(2) The Director-General must keep any register that is required to be kept under this Part open for public inspection— (a) on the Ministry’s website in an electronic form that is publicly accessi- ble; and (b) during ordinary office hours, at— (i) (ii) the head office of the Ministry; or an office of the Ministry for the time being specified for the pur- poses of this subsection by notice published in the Gazette.
(3) The Director-General must supply to any person a copy of all or part of any register that is required to be kept under this Part, on request, and on payment of a reasonable charge for the production of the copy.

Section 69ZZZA: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZZB Director-General must publish annual report (1) The Director-General must ensure that a report on drinking water is prepared and published, by or on behalf of the Director-General, before 1 July in each year.
(2) A report under subsection (1) must include information about— (a) (b) the quality of drinking water supplied by each drinking-water supplier (other than neighbourhood drinking-water suppliers), including whether that drinking water is potable; and the compliance or non-compliance of those drinking-water suppliers with this Part and the drinking-water standards.
(3) The Director-General must ensure that copies of the most recent report are available— (a) (b) on the Ministry’s website in an electronic form that is publicly accessi- ble; and for inspection by members of the public free of charge during ordinary office hours at the head office of the Ministry; and (c) for purchase by members of the public at a reasonable price.
118 Reprinted as at 1 August 2020 Health Act 1956 Part 2A s 69ZZZE Section 69ZZZB: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZZB(1): replaced, on 1 August 2019, by section 15 of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).
69ZZZC Statements by Director-General The Director-General may, for the purpose of protecting the public, publish statements relating to any drinking-water emergency, or to the performance or non-performance of any duty imposed on any person by or under this Part.

Section 69ZZZC: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZZD Protection of persons performing or exercising functions, duties, or powers under this Part (1) No specified person who does or omits to do any act in connection with the performance or exercise of a function or power under this Part is under any civil or criminal liability in respect of that act or omission, unless the act or omission was done in bad faith or without reasonable care.

(2) Every statement, notice, warning, or declaration, issued under this Part, is pro- tected by qualified privilege.
(3) In this section, a specified person is— (a) (b) (c) (d) the Director-General: a drinking-water assessor: a designated officer: a local authority (other than when acting in its capacity as a drinking- water supplier).

Section 69ZZZD: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
69ZZZE Relationship between this Part and other enactments This Part does not apply to any water— (a) (b) supplied for food preparation use that is regulated under the Food Act 2014; or that is subject to regulations or notices made or issued under the Animal Products Act 1999 or the Wine Act 2003.

Section 69ZZZE: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69ZZZE(a): amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Section 69ZZZE(b): amended, on 2 March 2018, by section 254(2) of the Food Safety Law Reform Act 2018 (2018 No 3).
119 Part 3 s 70 Health Act 1956 Reprinted as at 1 August 2020 Part 3 Infectious and notifiable diseases 70 (1) Special powers of medical officer of health For the purpose of preventing the outbreak or spread of any infectious disease, the medical officer of health may from time to time, if authorised to do so by the Minister or if a state of emergency has been declared under the Civil Defence Emergency Management Act 2002 or while an epidemic notice is in force,— (a) (b) (c) (d) (e) (ea) (f) (fa) (g) (h) (i) (j) declare any land, building, or thing to be insanitary, and prohibit its use for any specified purpose: cause any insanitary building to be pulled down, and the timber and other materials thereof to be destroyed or otherwise disposed of as he thinks fit: cause insanitary things to be destroyed or otherwise disposed of as he thinks fit: cause infected animals to be destroyed in such manner as he thinks fit: require persons to report themselves or submit themselves for medical examination at specified times and places: if the spread of the disease would be a significant risk to the public, require people to report, or submit themselves for medical testing, at sta- ted times and places: require persons, places, buildings, ships, vehicles, aircraft, animals, or things to be isolated, quarantined, or disinfected as he thinks fit: if the spread of the disease would be a significant risk to the public, require people, places, buildings, ships, vehicles, aircraft, animals, or things to be tested as he or she thinks fit: forbid persons, ships, vehicles, aircraft, animals, or things to come or be brought to any port or place in the health district from any port or place which is or is supposed to be infected with any infectious disease: require people to remain in the health district or the place in which they are isolated or quarantined until they have been medically examined and found to be free from infectious disease, and until they have undergone such preventive treatment as he may in any such case prescribe:
 forbid the removal of ships, vehicles, aircraft, animals, or things from the health district, or from one port or part thereof to another, or from the place where they are isolated or quarantined, until they have been disin- fected or examined and found to be free from infection: prohibit the keeping of animals or of any species of animal in any speci- fied part of the health district: 120 Reprinted as at 1 August 2020 Health Act 1956 Part 3 s 70 (k) (l) forbid the discharge of sewage, drainage, or insanitary matter of any description into any watercourse, stream, lake, or source of water sup- ply: use or authorise any local authority to use as a temporary site for a spe- cial hospital or place of isolation any reserve or endowment suitable for the purpose, notwithstanding that such use may conflict with any trust, enactment, or condition affecting the reserve or endowment: (la) by written order to the person appearing to be in charge of the premises concerned, do either or both of the following: (i) (ii) require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district): require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district) in which infection control measures described in the order are not operating: (m) by order published in a newspaper circulating in the health district or by announcement broadcast by a television channel or radio station that can be received by most households in the health district, do any of the fol- lowing: (i) (ii) (iii) (iv) require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description: require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description in
 which infection control measures described in the order are not operating: forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or pri- vate) within the district (or a stated area of the district): forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or pri- vate) within the district (or a stated area of the district) in which infection control measures described in the order are not operat- ing.
(n) (o) [Repealed] [Repealed] (1A) An order under paragraph (la) or (m) of subsection (1) does not apply to— (a) any premises that are, or any part of any premises that is, used solely as a private dwellinghouse; or 121 Part 3 s 70 Health Act 1956 Reprinted as at 1 August 2020 (b) (c) (d) any premises within the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000); or any premises whose principal or only use is as a courtroom or judge’s chambers, or a court registry; or any premises that are, or are part of, a prison (within the meaning of sec- tion 3(1) of the Corrections Act 2004).
(1B) An order under paragraph (la) or (m) of subsection (1) may exempt people engaged in necessary work in the premises to which it relates.

(1C) If the medical officer of health publishes an order under subsection (1)(m) in a newspaper circulating in the health district, he or she must also make reason- able efforts to have the contents or gist of the order published by announcement broadcast by a television channel or radio station that can be received by most households in the health district.
(1D) The medical officer of health may publish in any other manner he or she thinks appropriate an order under paragraph (la) or (m) of subsection (1) or its gist.
The medical officer of health, and any environmental health officer or other person authorised in that behalf by the medical officer of health, may at any time, with or without assistants, enter on any lands, buildings, or ships, and inspect the same and all things thereon or therein; and may do, with respect to any persons, places, lands, buildings, ships, animals, or things, whatever in the opinion of the medical officer of health is necessary or expedient for the pur- pose of carrying out the foregoing provisions of this section.
In no case shall the medical officer of health, or any environmental health offi- cer or assistant or other person, incur any personal liability by reason of any- thing lawfully done by him under the powers conferred by this section.
If satisfied that it is desirable in the circumstances to do so, the Director- General may authorise a medical officer of health to operate in a stated area outside his or her district; and in that case, this section and section 71 apply as if the area is part of both his or her district and the district of which it is in fact part.

Compare: 1920 No 45 s 76 Section 70(1): amended, on 19 December 2006, by section 5(1) of the Health Amendment Act 2006 (2006 No 86).
Section 70(1): amended, on 1 December 2002, by section 117 of the Civil Defence Emergency Man- agement Act 2002 (2002 No 33).

Section 70(1): amended, on 3 November 1964, by section 3 of the Health Amendment Act 1964 (1964 No 34).

Section 70(1)(ea): inserted, on 19 December 2006, by section 5(2) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(f): amended, on 19 December 2006, by section 5(3) of the Health Amendment Act 2006 (2006 No 86).
Section 70(1)(fa): inserted, on 19 December 2006, by section 5(4) of the Health Amendment Act 2006 (2006 No 86).

(2) (3) (4) 122 Reprinted as at 1 August 2020 Health Act 1956 Part 3 s 71 Section 70(1)(g): amended, on 19 December 2006, by section 5(5) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(h): amended, on 19 December 2006, by section 5(6) of the Health Amendment Act 2006 (2006 No 86).
Section 70(1)(i): amended, on 19 December 2006, by section 5(5) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(la): inserted, on 19 December 2006, by section 5(7) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(m): replaced, on 19 December 2006, by section 5(7) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(n): repealed, on 19 December 2006, by section 5(7) of the Health Amendment Act 2006 (2006 No 86).
Section 70(1)(o): repealed, on 19 December 2006, by section 5(7) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1A): inserted, on 19 December 2006, by section 5(8) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1B): inserted, on 19 December 2006, by section 5(8) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1C): inserted, on 19 December 2006, by section 5(8) of the Health Amendment Act 2006 (2006 No 86).
Section 70(1D): inserted, on 19 December 2006, by section 5(8) of the Health Amendment Act 2006 (2006 No 86).

Section 70(2): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

Section 70(3): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

Section 70(4): inserted, on 19 December 2006, by section 5(9) of the Health Amendment Act 2006 (2006 No 86).
Powers of medical officer of health on outbreak of infectious disease In the event of the outbreak of any infectious disease the medical officer of health, with the authority in writing of the Minister or during a state of emer- gency declared under the Civil Defence Emergency Management Act 2002 or while an epidemic notice is in force, may— (a) by requisition in writing served on its owner or occupier, take possession of, occupy, and use any land or building (whether public or private) that in his or her opinion is required for the accommodation and treatment of patients: (ab) by requisition in writing served on the owner, occupier, or other person for the time being in charge of it, take possession of, occupy, and use any land, building, vehicle, or craft (other than an aircraft), whether public or private, that in his or her opinion is required for the storage or disposal of bodies: (b) by requisition in writing served on the owner or other person for the time being in charge of it, take possession of and use any vehicle or craft, 123 71 (1) Part 3 s 71 Health Act 1956 Reprinted as at 1 August 2020 whether public or private, that in his or her opinion is required for the transport of— (i) (ii) (iii) patients, medical personnel, medicine, medical equipment or devi- ces, food, or drink; or clothing, bedding, or tents or other temporary facilities or struc- tures; or personnel involved in loading, moving, unloading, distributing, erecting, or otherwise dealing with anything transported or to be transported under subparagraph (i) or subparagraph (ii): (c) by requisition in writing served on the occupier of any premises or on any person for the time being in charge of any premises, require to be delivered to him or in accordance with his order such drugs and articles of food or drink, and such other materials, as he deems necessary for the treatment of patients.
Every person who suffers any loss or damage by the exercise of any of the powers conferred on the medical officer of health by this section shall be entitled to compensation to be determined in case of dispute by the District Court, whose decision shall be final.
Every person who refuses or fails to comply with any requisition under this section, or who counsels, procures, aids, or incites any other person so to do, or who interferes with or obstructs the medical officer of health or any person acting under the authority of the medical officer of health in the exercise of any powers under this section, commits an offence and is liable on conviction before a District Court Judge to a fine not exceeding $1,000.
Compare: 1920 No 45 s 75 Section 71(1): amended, on 19 December 2006, by section 6(1) of the Health Amendment Act 2006 (2006 No 86).

Section 71(1): amended, on 1 December 2002, by section 117 of the Civil Defence Emergency Man- agement Act 2002 (2002 No 33).

Section 71(1): amended, on 3 November 1964, by section 4 of the Health Amendment Act 1964 (1964 No 34).

Section 71(1)(a): replaced, on 19 December 2006, by section 6(2) of the Health Amendment Act 2006 (2006 No 86).
Section 71(1)(ab): inserted, on 19 December 2006, by section 6(2) of the Health Amendment Act 2006 (2006 No 86).

Section 71(1)(b): replaced, on 19 December 2006, by section 6(2) of the Health Amendment Act 2006 (2006 No 86).

Section 71(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 71(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 71(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amend- ment Act 1979 (1979 No 125).

(2) (3) 124 Reprinted as at 1 August 2020 Health Act 1956 Part 3 s 71A Section 71(3): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).
71A Power of constables to assist medical officer of health in relation to infectious diseases (1) A constable may do any thing reasonably necessary (including the use of force)— (a) (b) (c) (d) (e) (f) to help a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 or 71; or to help a person to do a thing that a medical officer of health or any per- son authorised by a medical officer of health has caused or required to be done in the exercise or performance of powers or functions under section 70 or 71; or to prevent people from obstructing or hindering a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 or 71; or to prevent people from obstructing or hindering a person doing a thing that a medical officer of health or any person authorised by a medical officer of health has caused or required to be done in the exercise or per- formance of powers or functions under section 70 or 71; or to compel, enforce, or ensure compliance with a requirement made by a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under sec- tion 70 or 71; or to prevent, or reduce the extent or effect of, the doing of a thing that a medical officer of health or any person authorised by a medical officer of health has forbidden or prohibited in the exercise or performance of powers or functions under section 70 or 71.
(2) A constable acting under subsection (1) may at any time do any or all of the following things: (a) (b) (c) enter into or on any land, building, aircraft, ship, or vehicle: inspect any land, building, aircraft, ship, or vehicle, and any thing in or on it: whether for the purposes of paragraph (a) or (b) (or both) or in the exer- cise of a power conferred by subsection (1),— (i) (ii) stop a ship or vehicle, or a taxiing aircraft; or prevent a stationary aircraft, ship, or vehicle from moving; or (iii) prevent an aircraft or ship from departing.
(3) Subsection (2) does not limit the generality of subsection (1).

125 Part 3 s 72 Health Act 1956 Reprinted as at 1 August 2020 (4) A constable may do a thing authorised by subsection (1) or (2) whether or not a medical officer of health has asked him or her to do so.

(5) Sections 128, 129, and 177 of the Search and Surveillance Act 2012, with any necessary modifications, apply to the powers conferred by subsection (2)(c).
(6) A constable does not incur any personal liability by reason of anything done by him or her in good faith in the exercise or intended exercise of a power con- ferred by this section.

Section 71A: inserted, on 19 December 2006, by section 7 of the Health Amendment Act 2006 (2006 No 86).

Section 71A heading: amended, on 1 October 2008, pursuant to section 116(a)(i) of the Policing Act 2008 (2008 No 72).
Section 71A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 71A(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 71A(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 71A(5): replaced, on 1 October 2012, by section 330 of the Search and Surveillance Act 2012 (2012 No 24).
Section 71A(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
72 Offences relating to obstructing medical officer of health or people assisting medical officer of health A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, a fine not exceeding $4,000, or both who in any way (directly or indirectly, by act or default)— (a) (b) (c) (d) (e) threatens, assaults, or intentionally obstructs or hinders a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 or 71; or threatens, assaults, or intentionally obstructs or hinders a constable acting under section 71A; or does anything forbidden by a medical officer of health or any person authorised by a medical officer of health under section 70 or 71; or fails or refuses to comply with, or delays complying with, a direction or requirement of a medical officer of health or any person authorised by a medical officer of health given in the exercise of powers or functions under section 70 or 71; or does, or delays ceasing to do, a thing prohibited or forbidden by a med- ical officer of health or any person authorised by a medical officer of health in the exercise of powers or functions under section 70 or 71.
126 Reprinted as at 1 August 2020 Health Act 1956 Part 3 s 74 Section 72: replaced, on 19 December 2006, by section 7 of the Health Amendment Act 2006 (2006 No 86).

Section 72: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 72(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
73 Medical officer of health may cause sanitary works to be undertaken (1) Without limiting the liability of any person for an offence under the last pre- ceding section, if any offence under that section consists in not doing any sani- tary work or in failing to remedy any sanitary defect the medical officer of health may himself cause the work to be done or the defect to be remedied at the expense in all things of the offender.

(2) All such expenses shall be recoverable as a debt due to the Crown.
74 (1) (2) (3) Compare: 1920 No 45 s 78 Section 73(2): replaced, on 1 July 1993, by section 19 of the Health Amendment Act 1993 (1993 No 24).
Health practitioners to give notice of cases of notifiable disease Every health practitioner who has reason to believe that any person professio- nally attended by him is suffering from a notifiable disease or from any sick- ness of which the symptoms create a reasonable suspicion that it is a notifiable disease shall— (a) (b) in the case of a notifiable infectious disease, forthwith inform the occu- pier of the premises and every person nursing or in immediate attend- ance on the patient of the infectious nature of the disease and the precau- tions to be taken, and forthwith give notices in the prescribed form to the medical officer of health, and, if the disease is specified in section A of Part 1 of Schedule 1, to the local authority of the district: in the case of a notifiable disease other than a notifiable infectious dis- ease, forthwith give notice in the prescribed form to the medical officer of health.
[Repealed] Every health practitioner who by post-mortem examination or otherwise becomes aware that any deceased person was affected with a notifiable disease shall forthwith give notice in the prescribed form to the medical officer of health.

(3A) A health practitioner who gives notice of a notifiable disease under subsection (1) or (3) must not disclose identifying information of the patient or deceased 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 health prac- titioner to disclose identifying information of the patient or deceased person if 127 Part 3 s 74AA Health Act 1956 Reprinted as at 1 August 2020 disclosure of the identifying information is necessary to respond effectively to a public health risk.
(3C) In this section and section 74AA, identifying information, in relation to a per- son, means— (a) (b) the person’s name, address, and place of work or education; and any other information required by regulations made under this Act.

(4) Every health practitioner commits an offence against this Act who fails to com- ply with the requirements of this section.
(5) [Repealed] Compare: 1920 No 45 s 79 Section 74 heading: amended, on 4 January 2017, by section 7(1) of the Health (Protection) Amend- ment Act 2016 (2016 No 35).

Section 74(1): amended, on 4 January 2017, by section 7(2) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 74(1)(a): amended, on 4 January 2017, by section 7(3) of the Health (Protection) Amendment Act 2016 (2016 No 35).
Section 74(1)(a): amended, on 6 December 1962, by section 2(1) of the Health Amendment Act 1962 (1962 No 76).

Section 74(2): repealed, on 1 July 1993, by section 20(1) of the Health Amendment Act 1993 (1993 No 24).

Section 74(3): amended, on 4 January 2017, by section 7(2) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 74(3A): inserted, on 4 January 2017, by section 7(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).
Section 74(3B): inserted, on 4 January 2017, by section 7(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 74(3C): inserted, on 4 January 2017, by section 7(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 74(4): amended, on 4 January 2017, by section 7(2) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 74(5): repealed, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).
74AA Medical laboratories to give notice of cases of notifiable disease The person in charge of a medical laboratory must take all reasonably practic- able steps to ensure that there are in place in it efficient systems for reporting to him or her (or to any other person for the time being in charge of it) the results of a test or other procedure undertaken in it that indicate that a person or thing is, has been, or may be or have been, infected with a notifiable disease.
The person for the time being in charge of a medical laboratory to whom results are reported under subsection (1) (or who himself or herself becomes aware of results of a kind to which that subsection applies) must immediately tell the health practitioner for whom the test or other procedure concerned was (1) (2) 128 Reprinted as at 1 August 2020 Health Act 1956 Part 3 s 74B undertaken, and the medical officer of health, of the infectious nature of the disease concerned.
(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.
(3) A person who fails to comply with subsection (2)— (a) (b) commits an offence against this Act; and is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.

Section 74AA: inserted, on 18 December 2007, by section 8 of the Health Amendment Act 2006 (2006 No 86).

Section 74AA(2A): inserted, on 4 January 2017, by section 8 of the Health (Protection) Amendment Act 2016 (2016 No 35).
Section 74AA(2B): inserted, on 4 January 2017, by section 8 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 74AA(3)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

74A National Cervical Screening Register [Repealed] Section 74A: repealed, on 7 March 2005, by section 3 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
74B Medical laboratories may be required to give notice of cases of disease during epidemic (1) Before the commencement of section 8, an epidemic management notice may provide for this Act to have effect as if section 74AA (as to be inserted by that section) were already in force, but in relation only to the disease stated in the notice.
(2) Unless the notice provides that section 74AA is to apply to medical laborator- ies in stated parts of New Zealand only, the section applies to medical labora- tories throughout New Zealand.
(3) While the notice is in force, every provision of this Act (other than this section) has effect— (a) as if section 74AA were in force; but 129 Part 3 s 74C Health Act 1956 Reprinted as at 1 August 2020 (b) as if the references in that section to a notifiable disease were references to the quarantinable disease stated in the notice (or, if 2 or more notices are in force, to the quarantinable diseases stated in the notices).
(4) The fact that the notice has expired does not affect any criminal or civil liabil- ity arising while it was in force.

Section 74B: inserted, on 19 December 2006, by section 9 of the Health Amendment Act 2006 (2006 No 86).

74C Priorities for medicines (1) The Director-General may at any time devise policies determining the priorities with which supplies of medicines that are under the control of the Crown or a Crown entity are to be dispensed during outbreaks of quarantinable diseases.
(2) While an epidemic notice is in force,— (a) the Director-General may, if satisfied that there is or is likely to be a shortage of medicines because of the outbreak of the disease stated in the epidemic notice, in accordance with a policy devised under subsection (1) for the medicines, by notice in the Gazette require persons adminis- tering, dispensing, prescribing, or supplying stated medicines that are under the control of the Crown or a Crown entity to administer, dispense, prescribe, or supply them in accordance with priorities, and subject to any conditions, stated in the notice; and (b) every person administering, dispensing, prescribing, or supplying medi- cines stated in the notice that are under the control of the Crown or a Crown entity must— (i) (ii) comply with the priorities; and comply with any conditions, stated in the notice.
(3) A notice under subsection (2) must state whether it applies to— (a) (b) (c) all persons administering, dispensing, prescribing, or supplying the med- icines concerned; or particular classes of person administering, dispensing, prescribing, or supplying the medicines concerned; or particular persons administering, dispensing, prescribing, or supplying the medicines concerned.
(4) A notice under subsection (2) may relate to any medicine, whether or not it can be used in relation to the disease stated in the epidemic notice.

The Director-General must publish every policy; but may do so by making it available on the Internet.

In this section, medicine means any substance used or capable of being used to prevent, treat, or palliate a disease, or the symptoms or effects of a disease.
Section 74C: inserted, on 19 December 2006, by section 9 of the Health Amendment Act 2006 (2006 No 86).
(5) (6) 130 Reprinted as at 1 August 2020 74D Redirection of aircraft Health Act 1956 Part 3 s 76 (1) While an epidemic management notice providing for medical officers of health to do so is in force, a medical officer of health may by written or oral notice (in the case of an oral notice, whether given face-to-face or by radio) require the pilot in charge of an aircraft that has landed at a place in New Zealand to travel, as soon as practicable, to another stated place in New Zealand.
(2) The medical officer of health must not give the notice unless satisfied— (a) that— (i) (ii) (iii) (iv) the disease stated in the epidemic management notice has or is likely to have broken out in a place the aircraft has come from (whether directly, or via other places); or the disease has or is likely to have broken out in the place where the aircraft has landed; or the aircraft is or is likely to be carrying people infected with the disease; and the aircraft or anything in it is or is likely to be contaminated with the disease; and (b) measures necessary to deal with the situation can more practicably be carried out at the other place.
Section 74D: inserted, on 19 December 2006, by section 9 of the Health Amendment Act 2006 (2006 No 86).
75 Duty of occupier of premises as to infectious disease (1) When any person is suffering from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable infectious disease, it shall be the duty of the occupier or other person for the time being in charge of the prem- ises in which the first-mentioned person is living to consult a medical practi- tioner, or to notify the local authority of the district of the existence of a disease suspected to be a notifiable infectious disease.
(2) Every person commits an offence against this Act who fails to comply with the provisions of this section.
Compare: 1920 No 45 s 80 76 Duty of master of vessel in harbour as to infectious disease (1) When any person on board a ship in any harbour is suffering from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable infectious disease, it shall be the duty of the master of the ship to notify the medical officer of health of the existence of a disease suspected to be a notifia- ble infectious disease.
(2) Every such master commits an offence against this Act who fails to comply with the provisions of this section.

Compare: 1920 No 45 s 81 131 Part 3 s 77 Health Act 1956 Reprinted as at 1 August 2020 Section 76(1): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).
77 Medical officer of health may enter premises The medical officer of health, or any medical practitioner authorised in that behalf by the medical officer of health or by the local authority of the district, may at all reasonable times enter any premises in which he has reason to believe that there is or recently has been any person suffering from a notifiable infectious disease or recently exposed to the infection of any such disease, and may medically examine any person on those premises for the purpose of ascer- taining whether that person is suffering or has recently suffered from any such disease.
Compare: 1920 No 45 s 82 78 Director-General of Health may order post-mortem examination If the death of any person is suspected to have been due to a notifiable disease and the facts relating to the death cannot with certainty be ascertained without a post-mortem examination, or if it is desirable for preventing the occurrence or spread of a notifiable disease that the facts relating to the death of any per- son should be ascertained, the Director-General of Health may order a post- mortem examination of the body of the deceased person to be made by a med- ical practitioner.
Compare: 1920 No 45 s 83 79 Isolation of persons likely to spread infectious disease [Repealed] Section 79: repealed, on 4 January 2017, by section 9 of the Health (Protection) Amendment Act 2016 (2016 No 35).
80 (1) Offences in respect of infectious or communicable diseases Every person commits an offence against this Act who— (a) while to his own knowledge suffering from any infectious disease, wil- fully is in any public place without having taken proper precautions against the spread of infection: (b) while in charge of any person suffering as aforesaid, takes him into or allows him to be in any public place without having taken proper precau- tions against the spread of infection: (c) while suffering as aforesaid, enters any public conveyance; or, while in charge of any person so suffering, takes him into any public conveyance without in every such case notifying the driver or conductor of the fact.
(2) Every person commits an offence against this Act who— (a) lends, sells, transmits, or exposes any things which to his knowledge have been exposed to infection from any communicable disease, unless 132 Reprinted as at 1 August 2020 Health Act 1956 Part 3 s 82 (b) (c) they have first been effectively disinfected, or proper precautions have been taken against spreading the infection: lets for hire any house or part of a house to be shared or occupied in common by or with any person who to his knowledge is suffering from any communicable disease: lets for hire any house or part of a house in which there then is, or within the previous month has been, any person to his knowledge suffering from any communicable disease, unless the house or part thereof, as the case may be, and all things therein liable to infection have been effect- ively disinfected to the satisfaction of a medical officer of health before the person hiring goes into occupation: (3) (4) (d) when letting or negotiating to let to any person for hire any house in which any person suffering from an infectious disease is then living, or any part of any such house, does not disclose that fact.
For the purposes of this section, the expression public place has the same meaning as in section 2 of the Summary Offences Act 1981.

For the purposes of this section, the keeper of a lodginghouse or boardinghouse or the licensee or person charged with the management of any premises licensed or deemed to be licensed under the Sale and Supply of Alcohol Act 2012 shall be deemed to let part of a house for hire to any person admitted as a guest or lodger to the lodginghouse or boardinghouse or premises.
Compare: 1920 No 45 ss 85(1)(a)–(c), (3), 86 Section 80(3): amended, on 1 February 1982, pursuant to section 51(3) of the Summary Offences Act 1981 (1981 No 113).

Section 80(4): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 80(4): amended, on 1 April 1990, pursuant to section 230(2) of the Sale of Liquor Act 1989 (1989 No 63).
81 Power of local authority to disinfect premises Where the local authority is of opinion that the cleansing or disinfection of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any infectious disease, the local authority may authorise any environmental health officer, with or without assistants, to enter on the premises and to carry out such cleansing and disinfection.
Compare: 1920 No 45 s 87 Section 81: amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
82 Medical officer of health may order premises to be disinfected (1) Whenever the medical officer of health is of opinion that the cleansing or disin- fection of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any communicable disease, or other- 133 Part 3 s 83 Health Act 1956 Reprinted as at 1 August 2020 wise for preventing danger to health, or for rendering any premises fit for occu- pation, he may, by notice in writing, require the local authority of the district to cleanse or disinfect the premises or article within a time specified in the notice.
(2) On receipt of a notice under subsection (1) it shall be the duty of the local authority, within the time specified in the notice in that behalf, to cleanse and disinfect the premises or article accordingly.
(3) If the local authority fails to carry out any work within the time specified in the notice, or in any other case where the medical officer of health thinks fit to do so, the medical officer of health may authorise any environmental health offi- cer, with or without assistants, to enter on any premises and to carry out such disinfection and cleansing; and the cost of such disinfection or cleansing shall be recoverable from the local authority as a debt due to the Crown.
Compare: 1920 No 45 s 88 Section 82(3): amended, on 1 July 1993, by section 23 of the Health Amendment Act 1993 (1993 No 24).

Section 82(3): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
83 Infected articles may be destroyed Where any article dealt with by a local authority or any environmental health officer under section 81 or section 82 is of such a nature that it cannot be effectively disinfected, the local authority or environmental health officer may cause the article to be destroyed.

Compare: 1920 No 45 s 89 Section 83: amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
84 Establishment of mortuaries and disinfecting stations (1) Any local authority may either separately or jointly with any other local author- ity or local authorities,— (a) (b) provide, equip, and maintain places for the reception of dead bodies (mortuaries) pending the carrying out of any post-mortem examination or until removal for interment, and provide facilities for carrying out in the mortuaries post-mortems authorised or directed under the Coroners Act 2006 or under any other enactment and for making good for burial dead bodies on which post-mortems of that kind have been carried out: provide, equip, and maintain disinfecting and cleansing stations, plant, equipment, and attendance for the cleansing of persons and for the disin- fection of bedding, clothing, or other articles which have been exposed to or are believed to be contaminated with the infection of infectious dis- ease, or which are dirty or verminous: 134 Reprinted as at 1 August 2020 Health Act 1956 Part 3 s 86 (c) provide vehicles for the conveyance of infected articles and any other accommodation, equipment, or articles required for dealing with any outbreak of infectious disease: (d) provide disinfectants for public use.
(2) No building shall be erected or maintained under the foregoing provisions of this section as a mortuary or as a disinfecting or cleansing station unless the plans and specifications and the site thereof have been approved by the Director-General.

Compare: 1920 No 45 s 91; 1954 No 55 s 2 Section 84(1): amended, on 1 July 1993, by section 24 of the Health Amendment Act 1993 (1993 No 24).

Section 84(1): amended, on 23 November 1973, by section 3(2) of the Health Amendment Act 1973 (1973 No 111).
Section 84(1)(a): replaced, on 1 July 2007, by section 146 of the Coroners Act 2006 (2006 No 38).
85 Notice of death from infectious disease (1) When any person has died of an infectious disease, the funeral director or other person having charge of the funeral of the deceased shall forthwith, after hav- ing been informed of the cause of death and before the removal of the body from the building or other place in which it may then be, give to the medical officer of health notice in the prescribed form and manner of the fact of the death and the cause thereof.
(2) [Repealed] Compare: 1920 No 45 s 92 Section 85(2): repealed, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).
86 Duties of local authorities as to burials (1) Where the body of any person who has died is in such a state as to be danger- ous to health, the medical officer of health may order the body to be buried forthwith, or within a time limited in the order, and may, if he thinks fit, order that the body, pending burial, be removed to the nearest mortuary.
(2) If the order is not complied with, it shall be the duty of the local authority to cause the body to be buried forthwith or to be removed to a mortuary for the purpose of being thence buried.

(3) Any order under this section may be complied with on behalf of and at the cost of the local authority by any health protection officer, or any constable, or any person authorised in that behalf by the medical officer of health or health pro- tection officer.
(4) If the body is removed to the mortuary, it shall be the duty of the local authority to cause it to be buried.

135 Part 3 s 87 Health Act 1956 Reprinted as at 1 August 2020 (5) (6) (7) 87 (1) (2) (3) (4) (5) The expenses of the removal and burial of the body by the local authority may be recovered from any person legally liable to pay the expenses of the burial, as a debt due to the local authority.
Every person commits an offence against this Act who in any way prevents or obstructs the due and prompt execution of any order under this section or of any of the powers exercisable under this section.

In this section, references to burial shall be deemed to include references to cremation in any case where cremation may be lawfully carried out.

Compare: 1920 No 45 s 93 Section 86(3): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).
Compensation for persons injuriously affected Subject to the provisions of this section, in every case where any building, ani- mal, or thing is destroyed by or by order of the medical officer of health, or a health protection officer, or any local authority, pursuant to the powers con- ferred by this Part, every person injuriously affected thereby shall be entitled to compensation.
The compensation shall not exceed the actual market value of the building, ani- mal, or thing in respect of which the claim is made.

If the destruction was necessary by reason of any breach or neglect of duty or of the ordinary rules of sanitary carefulness or cleanliness on the part of the claimant, or of any person for whose acts or default the claimant is responsible, no compensation shall be payable.
If the destruction was necessary by reason of any such breach or neglect as aforesaid on the part of the local authority, the compensation shall be payable by that local authority.

If the destruction was necessary in the interests of public health, and without any such breach or neglect as aforesaid, the compensation shall be payable out of money to be appropriated by Parliament for the purpose.
(6) All questions and disputes relating to claims for compensation shall be heard and determined by the District Court, whose decision shall be final.

Compare: 1920 No 45 s 94 Section 87(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 87(6): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
87A Communicable diseases occurring in animals (1) The Governor-General may from time to time by Order in Council specify the communicable diseases to which this section shall apply.

136 Reprinted as at 1 August 2020 Health Act 1956 Part 3 s 89 (2) (3) Every veterinary surgeon who has reason to believe that any animal professio- nally attended by him is suffering from a communicable disease to which this section applies shall forthwith give notice in the prescribed form to the medical officer of health.
Every person in charge of a laboratory who has reason to believe, as a result of investigations made in that laboratory, that any animal is suffering or has suf- fered from a communicable disease to which this section applies shall, unless he is satisfied that notice has been given pursuant to subsection (2), forthwith give notice in the prescribed form to the medical officer of health for the health district in which that animal is or was so suffering.
(3A) [Repealed] (4) Every person commits an offence against this Act who fails to comply with the provisions of this section.

(5) This section shall bind the Crown.


(6) Notwithstanding anything in the preceding provisions of this section, or in any Order in Council made hereunder nothing in those provisions shall apply in respect of any animal found to be suffering from a communicable disease in the course of any campaign for the eradication of that disease conducted by or at the instance of the responsible Ministry.

Section 87A: inserted, on 3 November 1964, by section 6 of the Health Amendment Act 1964 (1964 No 34).
Section 87A(3A): repealed, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 87A(6): inserted, on 20 October 1972, by section 2 of the Health Amendment Act 1972 (1972 No 65).

Section 87A(6): amended, on 1 July 1995, pursuant to section 6(1)(b) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31).
Venereal disease [Repealed] Heading: repealed, on 4 January 2017, by section 10 of the Health (Protection) Amendment Act 2016 (2016 No 35).

88 Persons suffering from venereal disease to undergo treatment [Repealed] Section 88: repealed, on 4 January 2017, by section 10 of the Health (Protection) Amendment Act 2016 (2016 No 35).
89 Duty of medical practitioner as to patient suffering from venereal disease [Repealed] Section 89: repealed, on 4 January 2017, by section 10 of the Health (Protection) Amendment Act 2016 (2016 No 35).

137 Part 3 s 90 Health Act 1956 Reprinted as at 1 August 2020 90 Treatment of children [Repealed] Section 90: repealed, on 4 January 2017, by section 10 of the Health (Protection) Amendment Act 2016 (2016 No 35).
91 Persons other than medical practitioners treating venereal disease [Repealed] Section 91: repealed, on 4 January 2017, by section 10 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92 Infecting any person with venereal disease [Repealed] Section 92: repealed, on 4 January 2017, by section 10 of the Health (Protection) Amendment Act 2016 (2016 No 35).
Part 3A Management of infectious diseases Part 3A: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Subpart 1—Overarching principles Subpart 1 heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92A Principles to be taken into account (1) The principles set out in sections 92C to 92H are to be taken into account by every person and every court performing a function under this Part.
(2) Nothing in sections 92C to 92H is to be taken as indicating that the principles in those sections are set out in any order of importance.

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

Section 92A: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92B Paramount consideration The paramount consideration in the application of the principles in sections 92C to 92H is the protection of public health.

Section 92B: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92C 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.
138 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92F (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.

Section 92C: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92D 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.

Section 92D: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92E Individual to be informed A person exercising or performing any functions, duties, or powers in relation to an individual under this Part must, so far as is practicable in the circum- stances, promptly inform the individual, in a way that the individual is most likely to understand, about— (a) (b) (c) the nature of the functions, duties, or powers being exercised or per- formed and their implications for the individual: any steps planned to be taken in respect of the individual: any right of the individual to appeal against the exercise or performance of the functions, duties, or powers and to apply for judicial review.
Section 92E: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92F 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 139 Part 3A s 92G Health Act 1956 Reprinted as at 1 August 2020 (b) not be made or taken in an arbitrary manner.
Section 92F: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92G Least restrictive alternative In any case where this Part enables alternative measures to be applied to an individual, 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.
Section 92G: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92H 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.

Section 92H: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
Subpart 2—Directions Subpart 2 heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92I Medical officer of health may give directions to individual posing public health risk (1) (2) (3) This section applies if a medical officer of health believes on reasonable grounds that an individual poses a public health risk.
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 neces- sary 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, every direction given to the individual must have the prior appro- val of the Director-General.
(4) The medical officer of health may direct the individual to— (a) participate in any of the following that are conducted by a health pro- vider: (i) (ii) counselling: education: (iii) other activities related to the infectious disease: (b) 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: 140 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92I (c) (d) (e) (f) (g) 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: 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: 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: (5) (6) (7) (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.

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.
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 activ- ity: (c) ways of minimising that public health risk.
(8) 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.
(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 requirement 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.
141 Part 3A s 92J Health Act 1956 Reprinted as at 1 August 2020 Section 92I: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92J Medical officer of health may give directions to contacts of individuals posing 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 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.

If the disease that the individual is believed to have is not a notifiable infec- tious disease, every direction given to the individual must have the prior appro- val 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 pro- vider: (i) (ii) counselling: education: (b) (c) (d) (e) (f) (g) (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: 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: 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: 142 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92K (5) (6) (7) (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.

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.
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 activ- ity: (c) ways of minimising that public health risk.
(8) 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.
(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 requirement 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.
Section 92J: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92K Direction for medical examination (1) This section applies if a medical officer of health believes on reasonable grounds that— (a) (b) 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 requested the individual to undergo, within a specified period, a medical examination to establish whether the individual has the infectious dis- ease; and (c) the individual has not undergone that examination within that period; and 143 Part 3A s 92K Health Act 1956 Reprinted as at 1 August 2020 (d) 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— (a) participate in any of the following that are conducted by a health pro- vider: (i) (ii) counselling: education: (b) (c) (d) (e) (f) (g) (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: 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: 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: (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.

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.
(4) (5) 144 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92L (6) 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 activ- ity: (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 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.
(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 requirement 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.
Section 92K: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92L Direction to close educational institutions (1) This section applies if a medical officer of health believes on reasonable grounds that— (a) (b) (c) 1 or more persons attending an educational institution have, or may have, an infectious disease; and 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 attending 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 stay away from its property until further notice: close part of the educational institution: close the entire educational institution.
145 Part 3A s 92M Health Act 1956 Reprinted as at 1 August 2020 (3) (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.

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.
Section 92L: replaced, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92M 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.

Section 92M: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
General provisions concerning directions and notices Heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92N 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 the individual to whom it is given.
(2) If the person to whom the direction or notice relates is under the age of 16 years or lacks legal capacity, a medical officer of health or a health protection officer must serve the direction or notice on the parent, guardian, or other per- son in charge of the person to whom the direction or notice relates.
(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.

Section 92N: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92O 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 92Q.
(3) A direction ceases to have effect at the close of the earliest of the following days: (a) 146 the last day of the period stated in the direction or in the extension of the direction: Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92S (b) (c) (d) the day (if any) on which the medical officer of health rescinds the direc- tion under section 92S: the day (if any) on which the direction is cancelled on appeal under sec- tion 92T: the day (if any) on which the medical examinations required by a direc- tion under section 92K(2) have been completed.
Section 92O: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92P 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 92S 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.
Section 92P: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92Q Directions may be extended (1) A medical officer of health may at a reasonable time before the expiry of a direction, by notice to the individual concerned, extend the 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.

Section 92Q: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92R Repeated directions may be given A direction under this Part may be given to an individual on 1 or more occa- sions.

Section 92R: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92S 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.

Section 92S: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
147 Part 3A s 92T Health Act 1956 Reprinted as at 1 August 2020 92T Appeal against directions (1) An individual who is required to comply with a direction may appeal to the District Court against— (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.

Section 92T: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92U 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 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.

Section 92U: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
Compliance with directions Heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92V Offence for failing to comply with directions An individual commits an offence and is liable on conviction to a fine not exceeding $2,000 who, without reasonable excuse, fails to comply with a direc- tion given by a medical officer of health under this Part.
Section 92V: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92W 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 (b) a person in charge of an individual who is lacking in legal capacity.
148 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92Y (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 conviction to a fine not exceeding $2,000.

Section 92W: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92X 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 (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 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).

Section 92X: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92Y Force not permissible In no case may force be used to secure compliance with a direction.
Section 92Y: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

149 Part 3A s 92Z Health Act 1956 Reprinted as at 1 August 2020 Subpart 3—Orders Subpart 3 heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Public health orders Heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92Z 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.

Section 92Z: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZA Public health order may impose certain requirements on individual (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) (b) (c) 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: 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, under- taking employment, using public transport, or travelling within and out- side New Zealand) either absolutely or unless stated conditions are observed: (d) 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: (e) (f) (g) 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: 150 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92ZB (iii) other activities related to the infectious disease: (h) (i) (j) 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: to take specified actions to prevent or minimise the public health risk posed by the individual.
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.

If an order requires an individual to be detained in a hospital or other place operated by a district health board, the district health board must permit the individual 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.

Section 92ZA: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
(2) (3) (4) 92ZB 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, whether an individual poses a public health risk, the District Court may, with- out limitation, take into account— (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 extent 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.
Section 92ZB: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

151 Part 3A s 92ZC Health Act 1956 Reprinted as at 1 August 2020 92ZC Duration of public health order (1) When making a public health order under section 92Z, the District Court 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 92ZD.
(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: the day (if any) on which the court cancels the order under section 92ZR: the day (if any) on which the order is cancelled on appeal under section 92ZT or 92ZU: the day (if any) on which the Registrar cancels the order after being satisfied that the medical officer of health has certified that the order is no longer necessary to manage the public health risk posed by the indi- vidual.
(4) A requirement imposed by a public health order under section 92ZA ceases to have effect at the close of the earlier of the following days: (a) (b) the day on which the order ceases to have effect: the day (if any) on which the Registrar cancels the order after being satisfied that the medical officer of health has certified that the require- ment is no longer necessary to manage the public health risk posed by the individual.
Section 92ZC: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92ZD Public health order may be extended (1) The District Court may, at a reasonable time before the expiry of a public health order made under section 92Z, on the application of a medical officer of health, extend the order for a period of not more than 6 months if the court con- siders that extending the public health order is necessary to remove or mini- mise a public health risk.
(2) The court may extend the public health order on 1 or more occasions.

Section 92ZD: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92ZE 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.
152 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92ZF (2) Any direction previously given to an individual ceases to have effect when a public health order is made in respect of that individual.

(3) 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 92K or a medical examination order under section 92ZH in respect of the individual.
(4) 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.

(5) 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.

Section 92ZE: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
Urgent public health orders Heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZF Medical officer of health may make urgent public health order (1) This section applies if a medical officer of health believes on reasonable grounds that— (a) (b) (c) (d) an individual poses a public health risk; and 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 action; and it is not practicable to wait for the District Court to determine an applica- tion for a public health order.
(2) (3) (4) (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.

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.

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

Section 92ZF: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
153 Part 3A s 92ZG Health Act 1956 Reprinted as at 1 August 2020 92ZG 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.

(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 urgent public health order ceases to have effect on the court’s determination of the application.
Section 92ZG: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Medical examination orders and orders concerning contacts Heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZH 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 (c) the individual has not undergone that examination within that period; and (d) 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 establish whether the individual has the infectious disease.
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 92ZA(1)(b), (c), (d), (h), (i), and (j) that the court thinks necessary to pre- vent 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.
If the court makes a medical examination order under this section, any medical examination an individual is directed to undergo must be— (a) in accordance with current best practice in diagnosing the presence of, or immunity to, the infectious disease; and (2) (3) (4) (5) 154 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92ZJ (b) 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.

Section 92ZH: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZI 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 92Z.
(2) The public health order— (a) must be made in accordance with section 92Z, 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.

(4) The order may be sealed only if the Registrar of the court has seen and filed the certificate described in subsection (3).
Section 92ZI: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZJ 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— (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.
(2) (3) (4) The order may impose on the individual any of the requirements stated in sec- tion 92ZA(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.

The court may impose any requirement referred to in subsection (2) subject to any conditions or restrictions that the court considers appropriate.
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 155 Part 3A s 92ZK Health Act 1956 Reprinted as at 1 August 2020 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 longer poses a public health risk, the medical officer of health must have regard to any known incubation period for the infectious disease.

Section 92ZJ: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Proceedings Heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZK 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 regard 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.

(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.

(5) Appeals under this section should be heard as soon as practicable.
Section 92ZK: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZL Proceedings under this Part not open to public (1) Unless the Judge presiding at a hearing of a proceeding referred to in section 92ZK(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.
156 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92ZO (2) The parties or their lawyers on their behalf have the right to be heard, present evidence, and cross-examine witnesses in the proceeding.

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

(4) (5) The Judge may, by order, restrict or prohibit the public availability of all or any part of the court record and judgment.
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 Section 92ZL: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZM 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.

Section 92ZM: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
General provisions concerning orders Heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92ZN 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.

Section 92ZN: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZO 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 individual’s family or whānau.
(2) The purpose of consultation under subsection (1) is to enable the medical offi- cer of health— 157 Part 3A s 92ZP Health Act 1956 Reprinted as at 1 August 2020 (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 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.
Section 92ZO: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92ZP Case conferences The consultation under section 92ZO may, at the discretion of the medical offi- cer of health, take the form of a case conference, which may be conducted by telephone or video link.

Section 92ZP: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZQ Medical officer of health must review orders (1) A medical officer of health must— (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 92ZR if he or she is satisfied that the order is no longer required; and 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 order under section 92ZR(2).

(3) 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 92ZD.

Section 92ZQ: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZR 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.
(1) (2) 158 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92ZT (3) (4) (5) 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.

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.

Section 92ZR: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZS 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.

Section 92ZS: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
Subpart 4—Appeals and enforcement Subpart 4 heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92ZT 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 92ZF) may each appeal to the High Court against the decision of the District Court.
(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.

(3) 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.
(4) Subject to subsection (5), 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.

(5) 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.
159 Part 3A s 92ZU Health Act 1956 Reprinted as at 1 August 2020 (6) (7) Subject to section 92ZU, the decision of the High Court on an appeal to that court under this section is final.

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

(8) Appeals under this section should be heard as soon as practicable.

Section 92ZT: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZU Appeals to Court of Appeal (1) A party to any appeal under section 92ZT 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.

(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.

(4) Appeals under this section should be heard as soon as practicable.

Section 92ZU: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZV 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.

(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.

Section 92ZV: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92ZW Offence not to comply with order (1) An individual commits an offence who, without reasonable excuse, intention- ally fails to comply with an order made under this Part that is binding on the individual.
(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.

(3) The District Court may, instead of imposing a sentence, make an order under one or both of sections 92Z and 92ZH.
160 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92ZZ (4) 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.

Section 92ZW: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZX 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 (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 conviction to a fine not exceeding $2,000.
Section 92ZX: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Subpart 5—Contact tracing Subpart 5 heading: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZY 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— (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.
Section 92ZY: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZZ 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 communicating with each contact, so far as this is practicable and appro- priate; and 161 Part 3A s 92ZZA Health Act 1956 Reprinted as at 1 August 2020 (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— (i) (ii) (iii) (iv) medical examinations for the infectious disease or suspected infectious disease; and the risk that the contact may have transmitted the infectious dis- ease or suspected infectious disease to others; and 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 92ZZC in relation to those other contacts.
Section 92ZZ: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZZA 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: person suitably qualified in health or community 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.

Section 92ZZA: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZZB 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 account any recommendation made by the individual’s medical practitioner.
Section 92ZZB: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
162 Reprinted as at 1 August 2020 Health Act 1956 Part 3A s 92ZZD 92ZZC Duty of individual with infectious disease to provide information about contacts (1) If the contact tracer has, under section 92ZZB, 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 require the individual to give the contact tracer information about the circum- stances in which the infectious disease may have been transmitted to, or by, the individual.
(2) Before requiring an individual under subsection (1), the contact tracer must inform the individual of the reasons for the requirement.

(3) An individual with an infectious disease or suspected of having an infectious disease must, if required by the contact tracer, provide information about— (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.
(4) For the purposes of subsection (3), the information the individual with an infectious 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.
Section 92ZZC: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZZD Consideration as to whether contact tracing can be undertaken by individual (1) Before requiring information from an individual under section 92ZZC, the con- tact tracer must consider whether the information is necessary, taking into account— (a) the seriousness of the public health risk posed by the individual; and 163 Part 3A s 92ZZE Health Act 1956 Reprinted as at 1 August 2020 (b) 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 report back to the contact tracer by a time specified by the contact tracer.

Section 92ZZD: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZZE When contact tracer may undertake contact tracing (1) This section applies whenever a contact tracer requires an individual to provide information under section 92ZZC and one of the following applies: (a) (b) the contact tracer does not consider that it would be possible or appropri- ate for the individual to undertake the contact tracing; or 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.
(2) (3) If this section applies, the contact tracer may undertake the contact tracing.

The contact tracer must, wherever practicable, inform the individual of the course of action taken under subsection (2).

Section 92ZZE: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZZF 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 92ZZC, a contact tracer may approach a person speci- fied 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 attending 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,— 164 Reprinted as at 1 August 2020 Health Act 1956 Part 4 s 93 (a) (b) the person required to provide the information must comply with the requirement 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.
Section 92ZZF: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

92ZZG Duty of confidentiality (1) A contact tracer who approaches a contact under this Part or approaches a per- son under section 92ZZF must not, as far as practicable, disclose to the contact or that other person the identity of the individual who may have— (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.

Section 92ZZG: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).
92ZZH 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 92ZZC or 92ZZF,— (a) (b) without reasonable excuse, fails to give the required information; or intentionally omits any part of that information or gives any information that the person knows to be false.

(2) A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,000.
Section 92ZZH: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Part 4 Quarantine 93 Port health officers [Repealed] Section 93: repealed, on 1 April 1983, by section 4(1) of the Health Amendment Act 1982 (1982 No 34).
165 Part 4 s 94 Health Act 1956 Reprinted as at 1 August 2020 94 Places of inspection for ships The Minister may from time to time, by notice in the Gazette, declare any spe- cified portion of any harbour to be a place of inspection to which ships liable to quarantine shall be taken while awaiting inspection by the medical officer of health or health protection officer.

Compare: 1920 No 45 s 95 Section 94: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).
Section 94: amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

95 Infected places The Minister may from time to time, by notice in the Gazette, declare any place in New Zealand to be an infected place for the purposes of this Part, on the ground that the place is infected with a quarantinable disease.
96 (1) Compare: 1920 No 45 s 98 Ships and aircraft liable to quarantine Except as otherwise provided in any regulations made under this Act, the fol- lowing ships shall be liable to quarantine: (a) (b) (c) every ship arriving in New Zealand from any port beyond New Zealand: every ship arriving at any port in New Zealand from any infected place in New Zealand: every ship on board which any quarantinable disease, or any disease reasonably believed or suspected to be a quarantinable disease, has bro- ken out or been discovered.
(2) Except as otherwise provided in any regulations made under this Act, the fol- lowing aircraft shall be liable to quarantine: (a) (b) every aircraft arriving in New Zealand from any place beyond New Zea- land: every aircraft arriving at any aerodrome in New Zealand from any infec- ted place in New Zealand.

Compare: 1920 No 45 s 100; 1940 No 17 s 11 97 People liable to quarantine (1) A person is liable to quarantine if he or she is on board, or disembarks from, a craft that is liable to quarantine.
(2) This subsection applies to a person liable to quarantine if the medical officer of health believes or suspects, on reasonable grounds,— that he or she is infected with a quarantinable disease; or that, within the 14 days before he or she arrived in New Zealand, he or she has been exposed to a disease that (whether or not it was a quarantin- (a) (b) 166 Reprinted as at 1 August 2020 Health Act 1956 Part 4 s 97A able disease at the time of the believed or suspected exposure) is a quar- antinable disease.
Section 97: replaced, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).
97A People liable to quarantine to comply with directions and supply information (1) A person who is liable to quarantine— (a) must comply with all directions, requirements, or conditions given, made, or imposed by the medical officer of health or a person authorised by the medical officer of health under this Part; and (b) must, on request by the medical officer of health or a person authorised by the medical officer of health, give any information the officer believes on reasonable grounds to be necessary to enable the manage- ment of risks to public health.
(2) In the case of people arriving in New Zealand by craft, the medical officer of health or a person authorised by the medical officer of health may request information under subsection (1)(b) by requiring the person appearing to the officer to be in charge of the craft to collect or supply some or all of it— (a) by requiring the person to distribute and collect cards or forms for pas- sengers and crew to fill in; or (b) in any other reasonable manner the officer may require.
(3) A person required under subsection (2) to collect or supply information must take all reasonably practicable steps to do so promptly.
(4) For the purposes of subsection (1)(b), the information that may be requested from a person includes— (a) (b) (c) (d) (e) (f) his or her name; and his or her recent travel history; and his or her recent activities; and his or her previous and present addresses, and proposed routes, destina- tions, and addresses; and his or her movements during the 14 days before his or her arrival; and whether he or she is experiencing or has recently experienced particular symptoms.
(5) (6) Subsection (2) does not limit subsection (1).
The medical officer of health or a person authorised by the medical officer of health may obtain from the department of State responsible for keeping it (and the department may supply to the medical officer of health or a health protec- tion officer) any information about a person who is liable to quarantine that the officer believes on reasonable grounds to be necessary to obtain in order to 167 Part 4 s 97B Health Act 1956 Reprinted as at 1 August 2020 trace the person’s movements or discover the contacts the person has had with other people.
(7) Subsection (1)(b) does not limit the generality of subsection (1)(a).

Section 97A: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).
97B Detention of craft and people (1) The medical officer of health, a health protection officer, or a person acting under the written directions of the medical officer of health or a health protec- tion officer, may direct that a craft and its passengers and crew be detained for inspection if— (a) (b) the craft has arrived in New Zealand; and it appears to the officer that, during the voyage of the craft,— (i) (ii) a person on it has died, or become ill, from a quarantinable dis- ease; or death not attributable to poison or other measures for destruction has occurred among birds, insects, or rodents on the craft.
(2) The medical officer of health or health protection officer must tell the person in charge of the airport or port concerned of any direction he or she gives under subsection (1); and that person must not allow the craft concerned to leave the airport or port until given written notice under section 97C of the lifting of the detention of the craft.

Section 97B: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).
97C Lifting of detention of craft The detention of a craft under section 97B ceases when the medical officer of health or a health protection officer gives the person in charge of the airport or port written notice to that effect.

Section 97C: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).
97D Powers and duties of medical officer of health or health protection officer in relation to quarantinable diseases (1) If a craft arrives in New Zealand carrying a person to whom section 97(2) applies, the medical officer of health or a health protection officer may— (a) (b) (c) require the person to be examined: require to be taken from the person any bodily sample the officer may reasonably require: require to be taken from the craft or any thing in or on it any reasonable sample the officer may require: 168 Reprinted as at 1 August 2020 Health Act 1956 Part 4 s 97E (d) require the captain of the craft to take or help take any steps that, in the opinion of the medical officer of health or health protection officer, are reasonably necessary— (i) (ii) (iii) to prevent the spread of infection by the person; or to destroy birds, insects, or rodents; or to remove or abate conditions on the craft likely to convey infec- tion, including conditions that might facilitate the harbouring of vermin.
(2) A person whom subsection (1) empowers the medical officer of health or a health protection officer to examine or take a sample from must allow the offi- cer to examine him or her or (as the case requires) take the sample.

Section 97D: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).
97E Surveillance of certain people liable to quarantine (1) This subsection applies to a person if— (a) (b) section 97(2) applies to him or her; or he or she is liable to quarantine and has been quarantined under section 70(1)(f).
(2) A person to whom subsection (1) applies must (whether or not he or she is detained under subsection (3)(a) or kept under surveillance at large under sub- section (3)(b)) give to the medical officer of health all information he or she reasonably requires to enable the management of risks to public health.
(3) The medical officer of health or a health protection officer may cause a person to whom subsection (1) applies— (a) to be removed to a hospital or other suitable place and detained under surveillance until the medical officer of health or a health protection offi- cer is satisfied that he or she— (i) (ii) is not infected with the disease concerned; or is not able to pass that disease on; or (b) to be kept under surveillance at large.
(4) Detention under subsection (3)(a)— (a) must not continue for more than 28 days; and (b) must not continue for more than 14 days unless the medical officer of health or a health protection officer has considered the latest information available on the disease concerned, and is satisfied that the person is infected with it and still likely to be able to pass it on.
(5) Before being placed under surveillance at large, a person must give an under- taking, in a form prescribed by regulations made under this Act, that he or she 169 Part 4 s 97F Health Act 1956 Reprinted as at 1 August 2020 will report to the medical officer of health or a medical practitioner at the times and places required.
(6) While kept under surveillance at large, a person must— (a) (b) (c) present himself or herself for and submit to any medical examination or testing required by the medical officer of health in whose district he or she may be: give to the medical officer of health all information he or she reasonably requires to enable the management of risks to public health: if instructed to do so by the medical officer of health, do either or both of the following: (i) (ii) report on arrival in any district to the medical officer of health or to a medical practitioner nominated by the medical officer of health: report in person daily or at stated intervals to the medical officer of health or a medical practitioner nominated by the medical offi- cer of health: (d) if he or she leaves for another place, tell the medical officer of health, or the medical practitioner nominated by the medical officer of health, and give details of the address to which he or she is going.
Section 97E: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).
97F Children and people under disability Every person who has the custody or charge of a child or the role of providing day-to-day care for a child, or has charge of a person who is under disability,— (a) must comply with every direction, requirement, or condition given, made, or imposed in respect of the child or person under disability under any of sections 97A to 97E; and (b) must give in respect of the child or person under disability all informa- tion required under any of those sections.
Section 97F: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

97G Offences against this Part Every person who fails or refuses to comply with any of sections 97A(1), 97A(2), 97B(2), 97D(2), 97E(5), 97E(6), or 97F commits an offence against this Act Section 97G: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).
170 Reprinted as at 1 August 2020 Health Act 1956 Part 4 s 100 98 (1) (2) 99 (1) Continuance of liability to quarantine Every ship or aircraft liable to quarantine shall continue to be so liable until pratique is granted.

Every person liable to quarantine shall continue to be so liable until he is released from quarantine pursuant to regulations made under this Act.
Compare: 1920 No 45 s 103; 1940 No 17 s 11 Restrictions applying while ship liable to quarantine Subject to the provisions of any regulations made under this Act, while any ship is liable to quarantine it shall not be lawful, except in the case of urgent necessity due to a marine casualty or other like emergency, or except with the authority of the medical officer of health or health protection officer,— (a) (b) (c) (d) (e) for the master, pilot, or other officer in charge of the navigation of that ship to bring that ship or allow that ship to be brought to any wharf or other landing place; or for any person to go on board that ship, except the medical officer of health or health protection officer, and the assistants of any such officer, or a pilot, or an officer of Customs, or a constable, or an officer appoin- ted or authorised under the Immigration Act 2009, or an inspector appointed under section 15 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995; or for any person to leave that ship, except the persons specified in para- graph (b); or for any goods, mails, or other articles whatsoever to be landed or tran- shipped from that ship; or for any boat, launch, or vessel, other than one in the service of the Police or the Ministry of Health, to be brought within 50 metres of that ship.
(2) Any authority given by the medical officer of health or health protection officer under this section may be given subject to such exceptions and conditions as that officer thinks fit, and may be revoked by that officer at any time.

Section 99: replaced, on 1 July 1993, by section 28(1) of the Health Amendment Act 1993 (1993 No 24).

Section 99(1)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Section 99(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 99(1)(b): amended, on 1 July 1995, pursuant to section 4(1)(a) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31).
100 Quarantine signal for ships The master of every ship liable to quarantine shall cause the prescribed quaran- tine signal to be hoisted at the mainmast head of his ship before she comes 171 Part 4 s 101 Health Act 1956 Reprinted as at 1 August 2020 within 1 league of any port at which she is about to call, and shall cause the signal to be kept so hoisted until pratique is granted.
Compare: 1920 No 45 s 105 101 Inspection of ship or aircraft liable to quarantine (1) (2) (3) (4) (5) (6) Subject to the provisions of any regulations made under this Act, the medical officer of health or health protection officer, before granting pratique to any ship liable to quarantine, shall board that ship and inspect it for the purpose of ascertaining whether any infectious disease exists on the ship.
Subject to the provisions of any regulations made under this Act, the medical officer of health or health protection officer may board any aircraft liable to quarantine and inspect it.
Subject to the provisions of any regulations made under this Act, the medical officer of health may examine any person who arrives by any such aircraft and who is suffering from any infectious disease, or is believed or suspected by him, on reasonable grounds, to be suffering from any quarantinable disease or to have been exposed to the infection of a quarantinable disease during such period as may be prescribed by any such regulations.
In respect of any such ship, aircraft, or person, the medical officer of health or health protection officer shall have for the purposes of this section such powers and duties as may be prescribed by regulations made under this Act.

Every person to whom this section applies shall, when required to do so, present himself before the medical officer of health and submit himself to such examination.
The master of every such ship, and the pilot in command of every such aircraft, shall facilitate, by all reasonable means, the boarding of the ship or aircraft by the medical officer of health or health protection officer and the exercise of his powers and duties under this section.

Section 101: replaced, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 101(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).
Section 101(2): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 101(4): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 101(6): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).
102 Ship’s declaration of health The master of any ship that is on its way to New Zealand from any port beyond New Zealand shall, before the ship arrives in New Zealand, ascertain the state of health of each person on board.

(1) 172 Reprinted as at 1 August 2020 Health Act 1956 Part 4 s 104 (2) On arriving in New Zealand, the master shall complete and deliver to the med- ical officer of health or the health protection officer a maritime declaration in the prescribed form.
(3) (4) The form shall be countersigned by the ship’s medical officer (if there is one).

The master, and the medical officer (if there is one), shall from time to time supply to the medical officer of health, or to any person acting under the authority of that officer, any further information required by the medical officer of health or the health protection officer relating to the state of health of any person who was on board the ship on its arrival in New Zealand.
(5) The master or the medical officer commits an offence and is liable on convic- tion to a fine not exceeding $1,000 if the master or medical officer— (a) (b) refuses, or fails without reasonable excuse, to comply with any of the preceding provisions of this section; or gives to the medical officer of health, or to any person acting under the authority of that officer, any declaration, answer, or information that the master or medical officer knows to be false or misleading.
(6) The master or medical officer, or any other person, commits an offence and is liable on conviction to a fine not exceeding $2,000 if the master, medical offi- cer, or other person deceives or attempts to deceive the medical officer of health, or any person acting under the authority of that officer, in respect of any matter with intent— (a) (b) to obtain pratique; or to influence in any other respect the exercise by or on behalf of the med- ical officer of health of any authority conferred on that officer by this Part.
Section 102: replaced, on 26 July 1988, by section 7(1) of the Health Amendment Act 1988 (1988 No 99).

Section 102(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 102(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

103 Aircraft declaration [Repealed] Section 103: repealed, on 23 March 1987, by section 14 of the Health Amendment Act 1987 (1987 No 10).
104 Offences under last 2 preceding sections [Repealed] Section 104: repealed, on 26 July 1988, by section 7(2)(a) of the Health Amendment Act 1988 (1988 No 99).
173 Part 4 s 105 Health Act 1956 Reprinted as at 1 August 2020 105 Ship arriving from infected place The master of any ship that arrives at any port from any infected place within New Zealand shall not suffer or permit the ship to be moored or berthed at any place except a place of inspection, unless he is otherwise instructed by the medical officer of health or health protection officer.
Compare: 1920 No 45 s 108 Section 105: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 105: amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).
106 Ship with quarantinable disease on board Where any ship arrives at any port in New Zealand from any other port in New Zealand (not being an infected place), and there is on board the ship any person suffering from any quarantinable disease or any disease reasonably believed or suspected to be a quarantinable disease, the master shall not suffer or permit the ship to be moored or berthed at any place except a place of inspection, unless he is otherwise instructed by the medical officer of health or health pro- tection officer.
Compare: 1920 No 45 s 109 Section 106: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 106: amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).
107 Grant of pratique Subject to the provisions of any regulations made under this Act, when the medical officer of health or health protection officer is satisfied, with respect to any ship liable to quarantine, that no quarantinable disease exists on board the ship, he shall give to the master of the ship a certificate of pratique in the pre- scribed form.
Subject to the provisions of any regulations made under this Act, when the medical officer of health or health protection officer is satisfied, with respect to any aircraft liable to quarantine, that no quarantinable disease exists on board the aircraft, he shall give to the pilot in command of the aircraft a certificate of pratique in the prescribed form.
Compare: 1920 No 45 s 110; 1940 No 17 s 11 Section 107(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 107(1): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 107(2): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 107(2): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).
(1) (2) 174 Reprinted as at 1 August 2020 Health Act 1956 Part 4 s 110 108 Persons suffering from quarantinable disease If any person on board any ship, or arriving by any aircraft, is found to be suf- fering from any quarantinable disease, or is believed or suspected by the med- ical officer of health or health protection officer, on reasonable grounds, to be suffering from any such disease, or to have been so recently exposed to the infection of any such disease that he may suffer therefrom in consequence, the medical officer of health or health protection officer may do all such things and give all such directions in respect of that person as may be prescribed by regu- lations made under this Act.
Section 108: replaced, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 108: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).
109 Infected baggage, cargo, or stores (1) If the medical officer of health or a health protection officer believes that a quarantinable disease is likely to be spread by any baggage, bedding, cargo, clothing, drink, equipment, food, linen, luggage, stores, water, or other sub- stance or thing that is on or has been removed from a craft, he or she may do any thing, and give any directions, in respect of it prescribed by regulations under this Act.
(2) Subsection (1) does not empower the medical officer of health or a health pro- tection officer to enter a private dwellinghouse.

(3) A person who fails to comply with a direction under subsection (1)— (a) (b) commits an offence against this Act; and is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.
Section 109: replaced, on 19 December 2006, by section 11 of the Health Amendment Act 2006 (2006 No 86).

Section 109(3)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
110 Disinfection and fumigation of craft (1) (2) (3) The medical officer of health or a health protection officer may, if he or she believes that a craft is in an insanitary condition or in a condition favourable to the outbreak or spread of an infectious disease, sign and give to the master or pilot a written order requiring the craft to be cleansed, fumigated, disinfected, or treated, in a manner, within a time, and at a place stated in the order.
The order may be given whether or not the craft is liable to quarantine.

If the order is not complied with,— (a) the master or pilot commits an offence, and is liable on conviction to a fine not exceeding $10,000; and 175 Part 4 s 111 Health Act 1956 Reprinted as at 1 August 2020 (b) the medical officer of health or a health protection officer may have the craft cleansed, fumigated, disinfected, or treated (whether in accordance with the order or otherwise).
(4) All expenses incurred by the Crown in acting under subsection (3)(b) are recoverable from the owner or agents of the craft as a debt due to the Crown.

(5) No action taken in respect of a craft under paragraph (b) of subsection (3) limits the liability of its master or pilot under paragraph (a) of that subsection.

(6) Regulations made under this Act may give the medical officer of health and health protection officers powers in respect of the destruction of birds, rodents, or insects on ships.
(7) Subsection (6) does not limit the general powers given by this section.

Section 110: replaced, on 19 December 2006, by section 11 of the Health Amendment Act 2006 (2006 No 86).

Section 110(3)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
111 Power to board any ship and inspect (1) The medical officer of health or health protection officer or any officer of the Ministry of Health or any person acting under the authority of a medical officer of health or a health protection officer may at any time board any ship in any port and enter and inspect any part of the ship, and inspect all animals and goods on board the ship, and the passenger list, and, with the prior authority of the Director-General, inspect the logbook and other ship’s papers.
(2) Where the medical officer of health boards any ship under this section he may require any person on board the ship who in his opinion may be suffering from any infectious disease to submit to any prescribed examination, and that person shall submit to such examination accordingly.

Compare: 1920 No 45 s 129 Section 111(1): replaced, on 1 July 1993, by section 30(1) of the Health Amendment Act 1993 (1993 No 24).
Section 111(2): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

112 Offences The master of any ship who permits any person liable to quarantine to leave that ship without the authority of the medical officer of health or health protec- tion officer commits an offence and is liable, on conviction before a District Court Judge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or to both.
Every person on any ship who, being liable to quarantine, leaves the ship with- out the authority of the medical officer of health or health protection officer commits an offence and is liable on conviction before a District Court Judge to imprisonment for a term not exceeding 3 months or to a fine not exceeding (1) (2) 176 Reprinted as at 1 August 2020 Health Act 1956 Part 4 s 112 (3) $2,000 or to both.
Every person who commits an offence against this subsec- tion may be arrested without warrant by any constable, or by the medical offi- cer of health or any person authorised by him in that behalf, and may be taken in custody to the ship or to any hospital or place of isolation, and may be detained until he is released from quarantine pursuant to section 98.
Every person arriving by any aircraft who, being liable to quarantine, leaves the aerodrome, or that part of the aerodrome in which passengers are lawfully detained pending the granting of pratique, or any place where he is lawfully detained pending his release from quarantine, without the authority of the med- ical officer of health commits an offence and is liable, on conviction before a District Court Judge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or to both.
Every person who commits an offence against this subsection may be arrested without warrant by any constable, or by the medical officer of health or any person authorised by him in that behalf, and may be taken in custody to that aerodrome or place or to any hospital or place of isolation, and may be detained there until he is released from quaran- tine pursuant to section 98.
(4) Every person commits an offence against this Act who contravenes or fails to comply in any respect with any provision of this Part or with any requirement or direction of the medical officer of health or health protection officer pur- suant to any such provision.

Compare: 1920 No 45 ss 117, 118, 131; 1940 No 17 s 11 Section 112(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 112(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 112(1): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 112(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amend- ment Act 1979 (1979 No 125).

Section 112(1): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).
Section 112(2): replaced, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 112(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 112(2): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 112(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 112(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amend- ment Act 1979 (1979 No 125).

Section 112(3): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

Section 112(4): replaced, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).
177 Part 4 s 112AA Health Act 1956 Reprinted as at 1 August 2020 Section 112(4): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).
112AA Sections 70 and 71 and this Part operate independently The powers conferred by sections 70 and 71 and the powers conferred by this Part may be used in respect of the same situation; and— (a) (b) nothing in section 70 or 71 limits or affects the powers conferred by this Part; and nothing in this Part limits or affects the powers conferred by section 70 or 71.

Section 112AA: inserted, on 19 December 2006, by section 12 of the Health Amendment Act 2006 (2006 No 86).
Part 4A National Cervical Screening Programme Part 4A: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Pro- gramme) Amendment Act 2004 (2004 No 3).
112A Purpose The purpose of this Part is— (a) (b) to reduce the incidence and mortality rate of cervical cancer by provid- ing for the continuation of the NCSP; and to facilitate the operation and evaluation of that national cervical screen- ing programme by— (i) (ii) enabling access to information and specimens by the persons operating the programme; and enabling access to information and specimens by screening pro- gramme evaluators appointed to evaluate that programme.
Section 112A: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112B Interpretation In this Part, unless the context otherwise requires,— cancer has the meaning set out in section 2 of the Cancer Registry Act 1993 cancer registry means the cancer registry maintained under the Cancer Regis- try Act 1993 cervical cancer means any cancer of the cervix diagnostic test means a test taken to determine or confirm the presence of can- cer, or a precursor to cancer, in a woman’s cervix, and may include— a colposcopic procedure: an examination of a histological specimen taken from the woman (a) (b) 178 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112C evaluate has the meaning set out in section 112T(1) evaluation material means any information about, and any specimen taken from, an identifiable individual that was obtained by a screening programme evaluator under this Part health information has the meaning set out in paragraphs (a) and (c) of the definition of that term in section 22B health practitioner has the meaning set out in section 5 of the Health Practi- tioners Competence Assurance Act 2003 hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 NCSP means the programme that, at the date of commencement of this section, is operated by the Ministry of Health and known as the National Cervical Screening Programme NCSP manager means— (a) (b) the person appointed under section 112C(3) as the NCSP manager; or if no person has been appointed as the NCSP manager, the Director- General NCSP
 register means the National Cervical Screening Programme register maintained by the persons appointed under section 112C relevant woman, for the purposes of sections 112X, 112ZB, 112ZC, and 112ZD, has the meaning set out in section 112X(1) review committee means an NCSP review committee established under sec- tion 112O screening programme evaluator means a person designated as a screening programme evaluator under section 112U(1) screening test means a routine test, such as a cervical smear test, designed to identify women who may have cervical cancer or a precursor to cervical cancer specimen means a bodily sample or tissue sample taken from a woman for the purpose of a screening test or a diagnostic test, and includes cervical cytology and histology slides and blocks.
Section 112B: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Operation of NCSP Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Pro- gramme) Amendment Act 2004 (2004 No 3).
112C Appointment of persons to operate NCSP (1) All persons appointed to operate the NCSP, and to perform functions in relation to the operation of that programme, must be appointed under section 59 of the State Sector Act 1988, unless it is not reasonably practicable to do so.
179 Part 4A s 112D Health Act 1956 Reprinted as at 1 August 2020 (2) (3) (4) (5) If the Director-General wishes to appoint a particular person to perform par- ticular functions in relation to the operation of the NCSP, and it is not reason- ably practicable to appoint that person under section 59 of the State Sector Act 1988, the Director-General may appoint that person to perform those functions under this subsection.
The Director-General may appoint, either under section 59 of the State Sector Act 1988 or under subsection (2), 1 person to be the manager of the NCSP.

The NCSP manager may direct a person appointed under section 59 of the State Sector Act 1988 or under subsection (2) in relation to the performance of that person’s functions, and that person must comply with the NCSP manager’s direction.
The Director-General may direct the NCSP manager in relation to the perform- ance of the NCSP manager’s functions, and the NCSP manager must comply with the Director-General’s direction.

Section 112C: inserted, on 1 July 2004, by section 4 of the Health (National Cervical Screening Pro- gramme) Amendment Act 2004 (2004 No 3).
112D Objectives of NCSP The objectives of the NCSP are to— (a) (b) (c) (d) (e) promote high quality cervical screening, assessment, and treatment ser- vices, while recognising and managing the differences between the vari- ous types of cervical cancer, with a view to reducing the incidence and mortality rate of cervical cancer; and inform women and the community of the risks, benefits, and expected population health gains from participation in the NCSP; and promote the regular recall of women who are enrolled in the NCSP for screening tests; and facilitate continuous quality improvement by allowing and performing regular evaluations of the NCSP; and ensure that information that is collected for the purposes of the NCSP is— (i) available, in a reliable, accurate, and timely manner, to persons authorised under this Part, or any other enactment, to have access to it; and (ii) safely stored, including on the NCSP register; and (f) provide information to women about the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations.
Section 112D: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

180 Reprinted as at 1 August 2020 112E Enrolment in NCSP Health Act 1956 Part 4A s 112F (1) The NCSP manager must enrol in the NCSP every woman who— (a) (b) has a screening test, the result of which is reported to the NCSP; or undergoes a colposcopic procedure, the result of which is reported to the NCSP.
(2) The NCSP manager may, at his or her discretion, enrol in the NCSP a woman who undergoes a surgical procedure during which a histological specimen is taken that includes a cervical component if the results of an analysis of that specimen are reported to the NCSP.
(3) Subsections (1) and (2) do not apply if the woman to whom the results relate— (a) (b) (c) is already enrolled in the NCSP; or has cancelled her enrolment in the NCSP; or has notified the NCSP manager, under section 112G(2), that she does not wish to be enrolled in the NCSP.

Section 112E: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112F Duties of NCSP manager that relate to enrolled women (1) As soon as practicable after enrolling a woman in the NCSP, the NCSP man- ager must— (a) (b) notify the woman that she has been enrolled in the NCSP; and provide information to the woman about— (i) (ii) the importance of having regular screening tests; and the risks and benefits of participation in the NCSP; and (iii) who has access to information on the NCSP register, and the uses to which that information may be put; and (iv) (v) the objectives of the NCSP, including that of continuous quality improvement through evaluation; and the possible use by screening programme evaluators of evaluation material relevant to the woman for the purpose of evaluations of the NCSP; and (c) advise the woman that she may cancel her enrolment by advising the NCSP manager under section 112G(1).
(2) The NCSP manager must record on the NCSP register every result that is reported to the NCSP manager from a screening test, or from a diagnostic test, if that result relates to a woman who is enrolled in the NCSP.

Section 112F: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
181 Part 4A s 112G Health Act 1956 Reprinted as at 1 August 2020 112G Procedure to prevent or cancel enrolment in NCSP (1) A woman who is enrolled in the NCSP may, at any time, cancel that enrolment by advising the NCSP manager in the manner and form specified by the NCSP manager.

(2) A woman who is not enrolled in the NCSP, and who does not wish to be enrol- led, may, at any time, notify the NCSP that she does not wish to be enrolled.
(3) A notification under subsection (2) must— (a) (b) be in the manner and form specified by the NCSP manager; and include information that will enable the NCSP manager, in the future, to identify the woman as a woman who must not be enrolled in the NCSP (which information may be kept on the NCSP register and used by the NCSP manager for that purpose).

Section 112G: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112H Duties of NCSP manager when women cancel enrolment in NCSP (1) If a woman cancels her enrolment in the NCSP under section 112G(1), or notifies the NCSP manager that she does not wish to be enrolled under section 112G(2), the NCSP manager must— (a) (b) (c) send a notice to the woman confirming that her enrolment in the NCSP has been cancelled or, as the case requires, that she will not be enrolled; and delete any information that relates to that woman from the current NCSP register; and dispose of any information that is held by the NCSP manager in hard copy format and that relates to that woman by either— (i) (ii) returning it to her; or destroying it (if she requests that it be destroyed); and (d) while that woman is not enrolled in the NCSP,— (i) (ii) ensure that no information that is provided to the NCSP and that relates to that woman is included on the NCSP register; and return or destroy any information that is provided to the NCSP and that relates to that woman.
Subsection (1) does not apply to information that the NCSP manager deter- mines it is necessary to keep for the purpose of identifying the woman as a woman whose results must not be entered on the NCSP register, such as, for example, her name, address, date of birth, and national health index number, but the information that is retained must be no more than is required for that purpose.
(2) 182 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112J (3) Despite subsection (1)(c), the NCSP manager may retain information that relates to a woman who cancels her enrolment in the NCSP if that informa- tion— (a) is in hard copy format; and (b) was received before the date of commencement of this section.

(4) To avoid any doubt, subsection (1) overrides the Health (Retention of Health Information) Regulations 1996 (SR 1996/343).
Section 112H: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112I Procedure to re-enrol in NCSP (1) A woman who has cancelled her enrolment in the NCSP may re-enrol, at any time, by advising the NCSP manager in the manner and form specified by the NCSP manager.
(2) A woman who has notified the NCSP manager, under section 112G(2), that she does not wish to be enrolled in the NCSP may cancel that notification and enrol in the NCSP, at any time, by advising the NCSP manager in the manner and form specified by the NCSP manager.

Section 112I: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112J Certain information held by NCSP must not be disclosed (1) No person may disclose information from the NCSP register, or information that is held by the NCSP as a result of an evaluation, if that information identi- fies a woman unless that information is disclosed— (a) (b) (c) (d) (e) (f) (g) with the consent of the woman or her personal representative; or to a screening programme evaluator under section 112X(2)(a); or to a review committee, in accordance with a request from that committee under section 112Q(1); or to a health practitioner who has been engaged by, or on behalf of, the woman, and the information is disclosed for the purpose of assisting that health practitioner to provide health services to that woman; or for the purpose of enabling results from a screening test or a diagnostic test to be followed up; or for the purpose of enabling notices related to the NCSP to be sent to women who are enrolled in the NCSP, including reminder notices to women who are due for another screening test; or for the purpose of giving access to the NCSP register, in accordance with regulations made under section 112ZF(1)(a), to persons researching can- cer; or 183 Part 4A s 112K Health Act 1956 Reprinted as at 1 August 2020 (h) subject to any regulations made under section 112ZF(1)(b), for the pur- pose of enabling the compilation and publication of statistics that do not enable the identification of the women to whom those statistics relate.
(2) Despite subsection (1), a screening programme evaluator may disclose infor- mation in accordance with section 112Y(2)(a) to (d).

Section 112J: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112K Delegation of functions and powers (1) (2) (3) The Director-General may, in writing, delegate to the NCSP manager any of his or her functions or powers under sections 112M(2)(b) and (c), 112N(2)(b) and (c), 112ZB(2), 112ZC(2), and 112ZD(2), on any conditions that the Director-General thinks fit.
The NCSP manager may, in writing, delegate to any person any of his or her functions or powers under this Part, on any conditions that the NCSP manager thinks fit, except— (a) any power or function delegated to the NCSP manager by the Director- General; and (b) this power of delegation.
Subject to any general or special directions given or conditions attached by the NCSP manager or the Director-General, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly under this Part and not by delegation.
(4) Any delegation under subsection (2) may be made to a specified person or to the holder or holders for the time being of a specified office or specified class of offices.

(5) Every person who purports to act under a delegation under this section is pre- sumed to be acting in accordance with its terms in the absence of evidence to the contrary.
(6) A delegation under this section— (a) (b) is revocable, in writing, at will; and continues in force until it is revoked, even if the NCSP manager or Director-General by whom it was made ceases to hold office, and con- tinues to have effect as if made by his or her successor in that office.
(7) A delegation under this section does not affect or prevent the performance or exercise of any function or power by the delegator, and does not affect the responsibility of the delegator for the actions of any person acting under that delegation.

184 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112M (8) Subsection (1) does not limit the Director-General’s power to delegate any of his or her functions under this Part in accordance with section 41 of the State Sector Act 1988.
Section 112K: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Duties to provide information to women and to NCSP Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Pro- gramme) Amendment Act 2004 (2004 No 3).
112L Duties of persons taking specimens for screening tests (1) Every person who takes a specimen from a woman for the purpose of a screen- ing test, and who believes that it is that woman’s first screening test in New Zealand, must— (a) (b) explain the procedure and provide information about the importance of having regular screening tests, the objectives of the NCSP, the risks and benefits of participation in the NCSP, who has access to information on the NCSP register, and the uses to which that information may be put; and advise the woman that she will be enrolled in the NCSP, but that she may prevent or cancel that enrolment by advising the NCSP manager under section 112G.
(2) Every person who takes a specimen from a woman for the purpose of a screen- ing test, and who believes that it is not that woman’s first screening test in New Zealand, must provide that woman with information about the procedure and about the NCSP to the extent that is reasonable in the circumstances.

(3) Subsections (1) and (2) do not limit any other obligation to provide information that arises under any other enactment or rule of law.
Section 112L: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112M Duty of persons performing colposcopic procedure (1) Every person who performs a colposcopic procedure on a woman must— (a) (b) (c) explain the procedure to the woman; and provide information, to the extent that is reasonable in the circum- stances, about the objectives of the NCSP and the NCSP register, the importance of having regular screening tests, who has access to informa- tion on the NCSP register, and the uses to which that information may be put; and if he or she believes that the woman is not enrolled in the NCSP, advise her that she will be enrolled but that she may prevent or cancel that enrolment by notifying the NCSP manager under section 112G; and 185 Part 4A s 112N Health Act 1956 Reprinted as at 1 August 2020 (d) cause a report in relation to that colposcopic procedure to be forwarded to the NCSP manager.
(2) A report under subsection (1)(d) must— (a) (b) (c) be provided free of charge; and contain the information specified by the Director-General; and be provided in the manner and form specified by the Director-General.

Section 112M: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112N Duty of laboratories where specimens are analysed (1) The person in charge of a laboratory where a specimen is analysed must cause a report in relation to that specimen to be forwarded to the NCSP manager if— (a) (b) (c) the specimen was obtained for the purpose of a screening test; or the specimen was obtained for the purpose of a diagnostic test; or the specimen— (i) (ii) was obtained during a surgical procedure; and includes a cervical component.
(2) A report under subsection (1) must— (a) (b) (c) be provided free of charge; and contain the information specified by the Director-General; and be provided in the manner and form specified by the Director-General.

Section 112N: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
Review of NCSP and duty of Director-General to report Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Pro- gramme) Amendment Act 2004 (2004 No 3).
112O Establishment of NCSP review committee (1) The Minister may from time to time, and must at least once every 3 years, establish a review committee of up to 3 persons to review— (a) (b) the operation of the NCSP; and evaluation activities of the kind described in section 112T that have been carried out or are proposed to be carried out.
(2) The focus of a review committee must be the continuous quality improvement of components of the NCSP, with a view to reducing the incidence and mortal- ity rates of cervical cancer.
(3) No person appointed to a review committee may be— a member of Parliament; or an officer or employee of the Ministry of Health; or (a) (b) 186 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112P (c) a person who is, or has been, designated under section 112U as a screen- ing programme evaluator; or (d) a person who would have a material conflict of interest if appointed.
(4) In order to facilitate the review being carried out in a timely and efficient man- ner, the Minister must appoint persons who collectively have an appropriate balance of skills and knowledge, including knowledge of cervical screening.
(5) The Minister may appoint persons to the review committee— (a) (b) on terms and conditions as to remuneration and other benefits that are in accordance with the appropriate fees framework determined by the Gov- ernment for statutory and other bodies; and on any other terms and conditions that the Minister considers appropri- ate.

Section 112O: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112P Work of review committee (1) (2) Before beginning its review, the review committee must prepare a review plan.
In preparing its review plan, the review committee must— (a) ensure that the plan— (i) (ii) applies the focus referred to in section 112O(2); and takes into account the need for timeliness in the completion of the review; and (b) consult with interested parties about any significant issues that may war- rant review, in relation to the operation of the NCSP or evaluation activ- ities that have been, or are proposed to be, carried out; and (c) following that consultation, determine— (i) (ii) which issues are to be reviewed; and the expected date of completion of the review; and (d) provide the review plan to the Minister for comment, and fully take into account any comments made by the Minister before finalising that plan.
(3) After finalising the review plan, the review committee must conduct the review in accordance with that plan.

(4) When making any recommendations resulting from its review, the review com- mittee must take into account— (a) (b) the objectives of the NCSP; and the need for fiscal responsibility.

(5) The review committee may, subject to any written direction by the Minister, regulate its own procedure.
187 Part 4A s 112Q Health Act 1956 Reprinted as at 1 August 2020 Section 112P: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112Q Review committee’s access to information (1) (2) (3) For the purposes of carrying out its review, a review committee may request any information held by the NCSP that is directly relevant to the subject matter of its review.
The NCSP manager must provide to a review committee any information held by the NCSP that is requested by that review committee under subsection (1).

To avoid doubt, the confidentiality obligations set out in section 112J apply to members of a review committee.

Section 112Q: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112R Report by review committee (1) The review committee must— (a) set out in a report— (i) (ii) (iii) the details of its review; and the conclusions it has reached; and the recommendations (if any) it makes as a result of that review; and (b) submit that report to the Minister as soon as reasonably practicable after it is completed.
(2) The Minister must present the report to the House of Representatives not later than 10 sitting days after the date on which the Minister receives the report from the committee, and, following that presentation, must make the report publicly available.

Section 112R: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112S Duty of Director-General to report The Director-General must, from time to time, provide information to the pub- lic on the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations.

Section 112S: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
188 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112V Screening programme evaluators Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Pro- gramme) Amendment Act 2004 (2004 No 3).
112T Meaning of evaluate (1) For the purposes of this Part, evaluate means to monitor and assess the service delivery and outcomes of the NCSP so as to promote the fulfilment of its objectives by determining whether there are any systemic issues to address within the programme or quality improvements that may be made to it.
(2) An evaluation may, from time to time, include a review of, and an investigation into, the cases of— (a) (b) (c) any woman who is enrolled in the NCSP (whether or not she has devel- oped any cervical cancer); and any woman who has developed any cervical cancer (whether or not she is enrolled in the NCSP); and any deceased persons to whom paragraph (a) or paragraph (b) applied at the time of death.
Section 112T: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112U Director-General may designate screening programme evaluators (1) (2) (3) The Director-General may, at any time and entirely at his or her discretion, des- ignate 1 or more persons as screening programme evaluators on whatever terms and conditions the Director-General considers appropriate.
The Director-General must specify the particular evaluation functions to be performed by each person whom he or she designates as a screening pro- gramme evaluator.

The Director-General may limit the type of information that a person who is designated as a screening programme evaluator may have access to under this Part in accordance with the evaluation functions to be performed by that per- son.
Section 112U: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112V Criteria for designating employees of Ministry Despite section 112U, the Director-General must not designate a person who is an employee of the Ministry as a screening programme evaluator unless the Director-General is satisfied that— (a) (b) the person has the technical competence to undertake the functions of a screening programme evaluator; and the Ministry and the person will appropriately manage any conflicts of interest that arise.
189 Part 4A s 112W Health Act 1956 Reprinted as at 1 August 2020 Section 112V: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112W Criteria for designating persons who are not Ministry employees Despite section 112U, the Director-General must not designate a person who is not an employee of the Ministry as a screening programme evaluator unless the Director-General is satisfied that the person— (a) (b) (c) has, or employs persons who have, the technical competence to under- take the functions of a screening programme evaluator; and has in place effective arrangements to avoid or manage any conflicts of interest that may arise; and will administer those arrangements properly and competently and in compliance with any conditions on which the designation is given; and (d) will comply with the obligations on that person under this Part.
Section 112W: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112X Power of screening programme evaluators to access specimens and health information (1) For the purposes of this section, section 112ZB, section 112ZC, and section 112ZD, a relevant woman is— (a) (b) (c) a woman who is enrolled in the NCSP; or a woman who is not enrolled in the NCSP but who has developed any cervical cancer; or a deceased woman to whom paragraph (a) or paragraph (b) applied at the time of her death.
(2) Except to the extent that regulations have been made under section 112ZF(1)(c) or (d) limiting access to certain information, or that the Director-General has limited a screening programme evaluator’s access to certain information under section 112U(3), a screening programme evaluator has full access to— (a) (b) (c) all information held by the persons operating the NCSP; and all information on the cancer registry that relates to a relevant woman; and all health information and all specimens that relate to a relevant woman and that are held by, or are otherwise under the power and control of, any— (i) (ii) health practitioner; or laboratory; or (iii) hospital.
(3) A screening programme evaluator may— 190 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112Y (a) (b) take copies of all information and records to which he or she has access; and take any specimen to which he or she has access, or take a part of that specimen.
(4) A screening programme evaluator may only access or copy information and specimens under subsection (2) or (3) for the purpose of performing, and to the extent necessary to perform, that person’s functions as a screening programme evaluator.

(5) Subsection (4) is subject to section 112ZE.


(6) When a screening programme evaluator accesses health information under sub- section (2)(c)(i) that is held by, or otherwise in the power or control of, a health practitioner, that health practitioner may oversee that access.

(7) To avoid doubt, subsection (2) does not affect the Health (Cervical Screening (Kaitiaki)) Regulations 1995 (SR 1995/29).
Section 112X: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112Y Duties of screening programme evaluators (1) No screening programme evaluator may use or disclose any evaluation material for a purpose other than performing that person’s functions as a screening pro- gramme evaluator.
(2) Despite subsection (1), a screening programme evaluator may— (a) (b) (c) (d) disclose evaluation material to a person who is assisting the screening programme evaluator to perform the screening programme evaluator’s functions, and who requires the material for that purpose; and use and disclose evaluation material for the purpose of referring a con- cern about the competence of a health practitioner to the authority responsible for the registration of practitioners of the profession that the person concerned practises, if the screening programme evaluator has first obtained the consent of the Director-General to use and disclose the material for that purpose; and disclose evaluation material to the Accident Compensation Corporation or the Health and Disability Commissioner for the purpose of assisting an investigation into concerns about the competence of a health practi- tioner; and use and disclose evaluation material for the purpose of advising the NCSP manager that, in the screening programme evaluator’s opinion, a particular person who is enrolled in the NCSP may benefit from follow- up action; and (e) use evaluation material to prepare academic papers or articles for publi- cation in accordance with section 112ZA.
191 Part 4A s 112Z Health Act 1956 Reprinted as at 1 August 2020 (3) Every screening programme evaluator must— (a) (b) (c) (d) (e) take appropriate measures to safeguard all evaluation material from use or disclosure for a purpose other than a purpose that is specified in sub- section (1) or subsection (2); and report to the Director-General any cases where evaluation material has been used or disclosed for an unauthorised purpose; and return all evaluation material that was provided in hard copy or elec- tronic form to the supplier of that material as soon as it is no longer required for the purpose for which it was obtained, and destroy all copies of that material; and take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the person who supplied them as soon as they are no longer required for the pur- pose for which they were obtained; and advise each person to whom the screening programme evaluator disclo- ses evaluation material under subsection (2)(a) of the duties of the screening programme evaluator in relation to that information, and of the duties of that person under section 112Z.
(4) Every screening programme evaluator who is not an employee of the Ministry must— (a) (b) provide to the Director-General, as soon as practicable after completing an evaluation of a screening programme, a written report containing the results of that evaluation; and provide to the Director-General, as soon as practicable after being requested by the Director-General to do so, a statutory declaration as to whether or not the requirements of subsection (3)(a) to (c) have been complied with, and, if not, to what extent they have not been complied with.
(5) Subsections (1) and (3)(a) and (c) are subject to section 112ZE.

Section 112Y: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112Z Duties of persons to whom evaluation material is supplied by screening programme evaluator (1) Every person to whom evaluation material is supplied by a screening pro- gramme evaluator, under section 112Y(2)(a), must— (a) (b) (c) use that material only for the purpose for which it was supplied; and take appropriate measures to safeguard that material from disclosure to any other person; and return all evaluation material that was provided in hard copy or elec- tronic form to the screening programme evaluator as soon as it is no 192 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112ZB longer required for the purpose for which it was supplied, and destroy all copies of it; and (d) take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the screen- ing programme evaluator as soon as they are no longer required for the purpose for which they were supplied.
(2) Subsection (1) is subject to section 112ZE.

Section 112Z: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112ZA Screening programme evaluator may publish non-identifiable information obtained during evaluation (1) Despite section 112Y(1), a screening programme evaluator may publish aca- demic papers or articles that are wholly or partly based on evaluation material obtained by the screening programme evaluator during an evaluation if— (a) (b) (c) the paper or article does not contain information that could identify any individual person, without that person’s consent; and the NCSP manager consents to the publication of the paper or article and to the timing of that publication; and the publication of the paper or article is in accordance with any regula- tions made under section 112ZF(1)(f).
(2) The NCSP manager may not withhold consent under subsection (1)(b) unless he or she believes, on reasonable grounds, that the publication of the paper or article, or the proposed timing of that publication, poses a serious risk to the effective operation of the NCSP.

Section 112ZA: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
Duties to provide information to screening programme evaluators Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Pro- gramme) Amendment Act 2004 (2004 No 3).
112ZB Duty of health practitioners (1) (2) Every health practitioner must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator’s functions, any health information and specimens that relate to a relevant woman.
The Director-General may specify, by notice in writing to the health practi- tioner, the manner and form in which health information or specimens that are required to be made available under subsection (1) must be made available, and that information or those specimens must be made available in that manner and form.
193 Part 4A s 112ZC Health Act 1956 Reprinted as at 1 August 2020 Section 112ZB: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112ZC Duty of persons who hold specimens (1) (2) The person in charge of a laboratory or other premises where specimens are held must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator’s functions, any health information and speci- mens that relate to a relevant woman.
The Director-General may specify, by notice in writing to the person in charge of the laboratory or other premises, the manner and form in which health infor- mation or a specimen that is required to be provided under subsection (1) must be provided, and that information or that specimen must be provided in that manner and form.

Section 112ZC: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112ZD Duty of hospitals (1) (2) The person in charge of a hospital must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening pro- gramme evaluator to perform the screening programme evaluator’s functions, any health information and specimens that relate to a relevant woman.
The Director-General may specify, by notice in writing to the person in charge of the hospital, the manner and form in which health information or a specimen that is required to be provided under subsection (1) must be provided, and that information or that specimen must be provided in that manner and form.

Section 112ZD: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
Miscellaneous Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Pro- gramme) Amendment Act 2004 (2004 No 3).
112ZE Screening programme employees may retain, access, use, and disclose information to perform functions (1) Nothing in this Part prevents any employee of the NCSP from retaining, accessing, using, and disclosing any information to the extent necessary to per- form his or her functions as an employee of that programme, including— (a) (b) information that is held by or accessible to the persons operating the NCSP; and information and evaluation material obtained by that employee for the purposes of performing an evaluation (including information obtained in his or her capacity as a screening programme evaluator or as a person assisting a screening programme evaluator); and 194 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112ZF (c) information and evaluation material provided to the NCSP by a screen- ing programme evaluator during or following an evaluation.
(2) For the purposes of subsection (1), a person is an employee of the NCSP if the person— (a) (b) is appointed to operate that programme, or to perform particular func- tions in relation to the operation of that programme, by the Director- General or the Ministry; or is employed to work in that programme by the Ministry or by the per- sons appointed to operate the programme.
Section 112ZE: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112ZF Regulations (1) Regulations may be made under this Part for any 1 or more of the following purposes: (a) (b) (c) (d) (e) (f) (g) regulating access to information held by the NCSP by persons research- ing cancer: prohibiting the disclosure, under section 112J(1)(h), of information that relates to any class or classes of person specified in the regulations, including prohibiting the disclosure of that information without the approval of any person or group of persons or body or organisation spe- cified in the regulations: imposing restrictions, in addition to those imposed by this Part, on the use, disclosure, and publication of information held by the NCSP: prohibiting the use, disclosure, and publication of information from the NCSP register, or derived from the operation of the NCSP, if the infor- mation relates to any class or classes of person specified in the regula- tions, including prohibiting the use, disclosure, and publication of that information without the approval of any person or group of persons or body or organisation specified in the regulations: providing for the establishment, appointment, procedures, and powers of any person or group of persons or body or organisation established to perform specific functions or to make specific decisions that relate to the NCSP or to the matters referred to in paragraphs (b) and (d): imposing restrictions on the publication by screening programme evalua- tors, under section 112ZA, of academic papers or articles that are wholly or partly based on
 evaluation material obtained for the purposes of an evaluation: prescribing standards that must be met by providers of screening, diag- nostic, and treatment services relevant to the NCSP, and the means of implementing those standards: 195 Part 4A s 112ZG Health Act 1956 Reprinted as at 1 August 2020 (h) prescribing offences for a breach of— (i) (ii) a regulation made under any of paragraphs (a) to (f): a standard prescribed under paragraph (g), or any part of that standard: (i) (j) setting out defences to offences prescribed under paragraph (h): setting the maximum penalty for each offence prescribed under para- graph (h), which must not exceed the maximum penalty specified in sec- tion 136.
(2) Before making regulations under subsection (1), the Governor-General must be satisfied that appropriate consultation has been carried out, including (without limitation),— (a) (b) adequate and appropriate notice of the intention to make the regulations; and a reasonable opportunity for interested persons to make submissions; and (c) adequate and appropriate consideration of any submissions received.
(3) Subsection (2) does not apply to regulations made under subsection (1)(g) that— (a) (b) incorporate standards by reference; or state that an amendment to, or replacement of, standards incorporated by reference has legal effect as part of the regulations.

Section 112ZF: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112ZG Incorporation of standards by reference in regulations (1) Regulations made under section 112ZF(1)(g) may incorporate by reference any standards prepared by or for the NCSP that apply to providers of screening, diagnostic, and treatment services (including, but not limited to, any New Zea- land Standard).

(2) Standards may be incorporated by reference in regulations— (a) in whole or in part; and (b) with modifications, additions, or variations specified in the regulations.
(3) Standards incorporated by reference in regulations have legal effect as part of the regulations.

Section 112ZG: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
196 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112ZK 112ZH Effect of amendments to, or replacement of, standards incorporated by reference in regulations An amendment to, or replacement of, standards incorporated by reference in regulations (regulations A) has legal effect as part of regulations A only if regulations made under section 112ZF(1)(g) after the making of regulations A state that the particular amendment or replacement has that effect.
Section 112ZH: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112ZI Proof of standards incorporated by reference (1) A copy of standards incorporated by reference in regulations, including any amendment to, or replacement of, the standards, (standards) must be— (a) (b) certified as a correct copy of the standards by the Director-General; and retained by the Director-General.
(2) The production in proceedings of a certified copy of the standards is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the standards.

Section 112ZI: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112ZJ Effect of expiry or revocation of standards incorporated by reference Standards incorporated by reference in regulations that expire or that are revoked or that cease to have effect cease to have legal effect as part of the regulations only if regulations made under section 112ZF(1)(g) state that the standards cease to have legal effect.

Section 112ZJ: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
112ZK Requirement to consult (1) This section applies to regulations made under section 112ZF(1)(g) that— (a) (b) incorporate standards by reference; or state that an amendment to, or replacement of, standards incorporated by reference in regulations has legal effect as part of the regulations.
(2) Before regulations to which this section applies are made, the Director-General must— (a) prepare the standards proposed to be incorporated by reference or the proposed amendment to, or replacement of, standards incorporated by reference (proposed standards) in consultation with persons or organ- isations whom the Director-General considers appropriate, including per- sons who are able to represent the views of health practitioners, or of classes of health practitioner, who will be directly affected by the pro- posed standards; and 197 Part 4A s 112ZL Health Act 1956 Reprinted as at 1 August 2020 (b) make copies of the proposed standards available for inspection during working hours for a reasonable period, free of charge, at the head office of the Ministry of Health and at any other places that the Director- General determines are appropriate; and (c) make copies of the proposed standards available for purchase at a reasonable price; and [Repealed] give notice in the Gazette stating that— (d) (e) (i) (ii) the proposed standards are available for inspection during work- ing hours free of charge, the place or places at which they can be inspected, and the period during which they can be inspected; and copies of the proposed standards can be purchased and the place or places at which they can be purchased; and (iii) [Repealed] (f) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed standards by reference; and (g) consider any comments they make.
(2A) Before regulations to which this section applies are made, the Director- General— (a) may make copies of the proposed standards available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and (b) must, if paragraph (a) applies, give notice in the Gazette stating that the proposed standards are available in other ways and details of where or how they can be accessed or obtained.
(3) A failure to comply with this section does not invalidate regulations that incorporate standards by reference.

Section 112ZK: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Section 112ZK(2)(d): repealed, on 14 April 2005, by section 3(1)(a) of the Health Amendment Act 2005 (2005 No 34).

Section 112ZK(2)(e)(iii): repealed, on 14 April 2005, by section 3(1)(b) of the Health Amendment Act 2005 (2005 No 34).
Section 112ZK(2A): inserted, on 14 April 2005, by section 3(2) of the Health Amendment Act 2005 (2005 No 34).
112ZL Access to standards incorporated by reference (1) The Director-General— (a) must make the standards referred to in subsection (2) (standards) avail- able for inspection during working hours free of charge at the head office 198 Reprinted as at 1 August 2020 Health Act 1956 Part 4A s 112ZM of the Ministry of Health and at any other places that the Director- General determines are appropriate; and (b) must make copies of the standards available for purchase at a reasonable price; and (c) may make copies of the standards available in any other way that the the circumstances (for in Director-General considers appropriate example, on an Internet website); and (d) must give notice in the Gazette stating that— (i) (ii) (iii) (iv) the standards are incorporated in the regulations and the date on which the regulations were made; and the standards are available for inspection during working hours, free of charge, and the location of the place or places at which they can be inspected; and copies of the standards can be purchased and the location of the place or places at which they can be purchased; and if copies of the standards are made available under paragraph (c), the standards are available in other ways and details of where or how they can be accessed or obtained.
(2) The standards are— (a) (b) standards incorporated by reference in regulations made under section 112ZF(1)(g): any amendment to, or replacement of, those standards that is incorpor- ated in the regulations or the standards referred to in paragraph (a) with the amendments or replacement standards incorporated.

(3) A failure to comply with this section does not invalidate regulations that incorporate standards by reference.
Section 112ZL: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Section 112ZL(1): replaced, on 14 April 2005, by section 4 of the Health Amendment Act 2005 (2005 No 34).

112ZM Application of Legislation Act 2012 to standards incorporated by reference (1) (2) Part 2 of the Legislation Act 2012 does not apply to standards incorporated by reference in regulations or to an amendment to, or replacement of, those stand- ards.
Subpart 1 of Part 3 of the Legislation Act 2012 applies to regulations that incorporate standards by reference.

(3) However, nothing in section 41 of the Legislation Act 2012 requires standards incorporated by reference in regulations to be presented to the House of Repre- sentatives.

199 Part 4A s 112ZN Health Act 1956 Reprinted as at 1 August 2020 Section 112ZM: replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
112ZN Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference [Repealed] Section 112ZN: repealed, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

112ZO Application of Standards and Accreditation Act 2015 not affected Sections 112ZG to 112ZM do not affect the application of sections 29 to 32 of the Standards and Accreditation Act 2015.
Section 112ZO: replaced, on 1 March 2016, by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).

112ZP Offences (1) (2) (3) Every person commits an offence against this Act who, without reasonable excuse, fails to comply with the requirements of any of section 112J(1), section 112Y(1), (3)(e), or (4)(b), or section 112Z.
Every person commits an offence against this Act who, without reasonable excuse, fails to make available any information or specimens that the person is required to make available under any of sections 112ZB, 112ZC, and 112ZD.

Every person who commits an offence under subsection (2) is liable on convic- tion to a fine not exceeding $10,000.

Section 112ZP: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
Section 112ZP(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Part 5 Artificial UV tanning services Part 5: replaced, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Preliminary provision Heading: inserted, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).
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 200 Reprinted as at 1 August 2020 Health Act 1956 Part 5 s 115 artificial UV tanning services means the provision, for payment or other con- sideration, of ultraviolet (UV) radiation via sunbeds, sunlamps, or any other device that emits UV radiation.
Section 113: replaced, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Ban on provision of services to persons under 18 years Heading: inserted, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).

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.

(3) A person who contravenes subsection (2) commits an offence and is liable on conviction,— (a) (b) in the case of an individual, to a fine not exceeding $2,000: in the case of a body corporate, to a fine not exceeding $10,000.
(4) 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.
(5) It is a defence to a charge under subsection (2) if the defendant proves that,— (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 approved evidence of age document; and (b) the defendant believed on reasonable grounds that the document— (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.
Section 114: replaced, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).

Infringement offences Heading: inserted, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).
115 Infringement offences In this section and sections 116 to 116B,— 201 Part 5 s 116 Health Act 1956 Reprinted as at 1 August 2020 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 regulations made under section 119(d) in relation to artificial UV tanning services.
Section 115: replaced, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).

116 Commission of infringement offences A person who is alleged to have committed an infringement offence may either— (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.
Section 116: replaced, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).

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 notice (or a copy of it) to the person alleged to have committed an infringement 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: (a) (b) (c) (d) (e) (f) 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 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 202 Reprinted as at 1 August 2020 Health Act 1956 Part 6 s 117 (g) 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 authority, who is authorised in writing by the Director-General to issue infringement notices under this section.

Section 116A: inserted, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).
116B Payment of infringement fees (1) (2) Infringement fees for infringement notices issued on behalf of the Ministry are payable to the Ministry.

Infringement fees for infringement notices issued on behalf of a local authority are payable to the local authority.

Section 116B: inserted, on 4 January 2017, by section 22 of the Health (Protection) Amendment Act 2016 (2016 No 35).
Part 6 Regulations 117 Regulations as to public health (1) The Governor-General may from time to time by Order in Council make such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act, and for all or any of the following purposes: (a) (b) (c) (d) the improvement, promotion, and protection of public health: the inspection, cleansing, purifying, disinfection, fumigation, and isola- tion of ships, aircraft, houses, buildings, yards, conveyances, drains, sewers, and things: the destruction of insanitary things: the vaccination of persons for the prevention of quarantinable diseases and other diseases, and the adoption of any other measures for the pre- vention and mitigation of disease: 203 Part 6 s 117 Health Act 1956 Reprinted as at 1 August 2020 (da) the management of persons with, or suspected of having, infectious dis- eases, including persons subject to an urgent public health order or a court order under Part 3A, and their contacts: (e) (f) (g) (h) (ha) (i) (j) (k) (l) (m) (n) (o) the provision of medical aid, transport, accommodation, and curative treatment for the sick: the transportation and disposal of the dead: the isolation, disinfection, and treatment of persons suffering from any infectious disease: the isolation or medical observation and surveillance of persons suspec- ted to be suffering from any infectious disease, of persons in charge of or in attendance on persons suffering from any infectious disease, and of other persons who may
 have been exposed to the infection of any infec- tious disease: the identification of, and communication with, contacts of persons with, or suspected of having, infectious diseases: the prevention of the spread of any infectious disease by persons who are contacts or carriers within the meaning of this Act, and the keeping of such persons under medical surveillance, and the restriction of the move- ments and the preventive treatment of such persons: with respect to any infectious disease, prescribing the
 period which shall be deemed to be the period of incubation of that disease for the purposes of this Act: the clinical, chemical, bacteriological, and other examinations and inves- tigations necessary to determine whether any person is suffering from disease or is a carrier of any infectious disease, and whether any person who has been suffering from any infectious disease has ceased to be likely to convey infection: the closing of schools or the regulation or restriction of school attend- ance to prevent or restrict the spread of any infectious disease: prescribing the duties of parents or guardians of children who are suffer- ing from, or have recently suffered from or been exposed to the infection of, any infectious disease, and the duties of persons in charge of schools in respect of any such children: prescribing the accommodation to be provided in connection with board- ing schools, orphanages, or other like institutions for the reception of persons in attendance thereat or resident therein who may be suffering from any infectious disease or who may be contacts within the meaning of this Act: the regulation or restriction of the attendance of the public, or of any sec- tion of the public, at any place of public recreation or amusement or con- course, or the closing of any such places for admission to the public: 204 Reprinted as at 1 August 2020 Health Act 1956 Part 6 s 117 (p) (q) (r) (ra) (rb) (rc) (s) (t) (u) (v) (w) (x) the regulation, restriction, or prohibition of the convening, holding, or attending of any public gatherings: the regulation or restriction of traffic and the movements of persons within or from any area in which an infectious disease is prevalent: prescribing the form and content of the notifications with respect to dis- ease by medical practitioners and other persons, and prescribing the fees payable to medical practitioners, veterinary surgeons, or persons in charge of laboratories in respect of such notifications: prescribing identifying
 information for the purpose of section 74(3C)(b): prescribing, for the purposes of section 115, the infringement fee or infringement 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: 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 notices and reminder notices for infringement offences, and any other particulars to be contained in infringement notices and reminder notices: the prohibition or regulation of the importation into New Zealand of any animal or thing likely to introduce or disseminate disease: the destruction of rats, mice, and other vermin, whether on land or on board any ship or any aircraft, the abolition or prevention of conditions favourable to vermin, and the prevention of the migration of rats and mice from ships and aircraft: securing and maintaining the cleanliness and efficient sanitation of ships and aircraft, and preventing danger to health from overcrowding on any ship within any harbour in New Zealand, and preventing the pollution of the waters of any harbour with offensive matter from any ship: the prevention of the pollution, so as to be injurious to health, of any river, stream, watercourse, or lake, whether used as a source of water supply or not: the protection
 of food from the infection of any communicable disease on any premises used for the manufacture, preparation, packing, storage or handling of any article of food for sale, and the prohibition or restric- tion of the handling, by persons suffering from any communicable dis- ease, of any article of food intended for sale: the organisation of local committees to assist in giving effect to the pro- visions of this Act in the event of epidemics of disease, and defining the powers of such committees: 205 Part 6
 s 117 Health Act 1956 Reprinted as at 1 August 2020 (y) (z) prescribing or providing for the fixing of reasonable fees to be paid in respect of registration or in respect of the inspection of premises expressly exempted from registration or in respect of any rights or privil- eges conferred by this Act or by any regulations under this Act, or in respect of any certificates or documents required thereunder, and the per- sons or authorities entitled to claim and receive any such fees: prescribing offences in respect of the contravention of or non-compli- ance with any regulation made under this Act or any requirement or direction made or given pursuant to any such regulation.
(1A) Without limiting anything in paragraph (i) of subsection (1), regulations may be made under that paragraph for all or any of the following purposes: (a) (b) (c) regulating the importation, sale, exchange, supply, use, and disposal of needles and syringes, whether new or used: empowering or requiring the Director-General to approve kinds of nee- dles and syringes, and the packaging and labelling of needles and syringes, for importation into, or sale, exchange, or supply in New Zea- land, and prohibiting the importation, sale, exchange, or supply of nee- dles and syringes of any other kind or packaged or labelled in any other manner: empowering the Director-General to fix any fee or cost to be charged for the sale, exchange, or supply of any needle or syringe (whether or not including the cost of packaging).
(2) The Governor-General may from time to time by Order in Council make regu- lations for any matter affecting public health in respect of which any local authority is empowered by this or any other Act to make bylaws.
(3) Where any local authority fails to make bylaws for any such matter as afore- said, or, having made such bylaws, fails to enforce them effectively, and the Governor-General makes regulations in respect of that matter pursuant to the authority conferred by subsection (2), such portion of the cost of the adminis- tration of those regulations as the Director-General deems just and equitable shall be chargeable to the local authority, and may be recovered as a debt due to the Crown or may be deducted from any money payable to the local author- ity by the Crown.
(4) Nothing in any provision of this Part shall be construed to limit the generality of any other provision of this Part.

Compare: 1920 No 45 s 132(1)(a)–(t), (z), (ac)–(ae), (2), (3); 1940 No 17 s 15(1)(c), (2) Section 117(1)(a): replaced, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 117(1)(c): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 117(1)(da): inserted, on 4 January 2017, by section 12(1) of the Health (Protection) Amend- ment Act 2016 (2016 No 35).

206 Reprinted as at 1 August 2020 Health Act 1956 Part 6 s 118 Section 117(1)(ha): inserted, on 4 January 2017, by section 12(2) of the Health (Protection) Amend- ment Act 2016 (2016 No 35).

Section 117(1)(r): amended, on 4 January 2017, by section 12(3) of the Health (Protection) Amend- ment Act 2016 (2016 No 35).
Section 117(1)(r): amended, on 3 November 1964, by section 7(a) of the Health Amendment Act 1964 (1964 No 34).

Section 117(1)(ra): inserted, on 4 January 2017, by section 12(4) of the Health (Protection) Amend- ment Act 2016 (2016 No 35).

Section 117(1)(rb): inserted, on 4 January 2017, by section 12(4) of the Health (Protection) Amend- ment Act 2016 (2016 No 35).

Section 117(1)(rc): inserted, on 4 January 2017, by section 12(4) of the Health (Protection) Amend- ment Act 2016 (2016 No 35).
Section 117(1)(w): amended, on 3 November 1964, by section 7(b) of the Health Amendment Act 1964 (1964 No 34).

Section 117(1)(y): amended, on 20 October 1972, by section 3 of the Health Amendment Act 1972 (1972 No 65).

Section 117(1)(y): amended, on 3 November 1964, by section 7(c) of the Health Amendment Act 1964 (1964 No 34).

Section 117(1A): inserted, on 13 January 1988, by section 2 of the Health Amendment Act (No 2) 1987 (1987 No 194).
Section 117(2): amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 117(3): amended, on 1 July 1993, by section 31 of the Health Amendment Act 1993 (1993 No 24).

Section 117(3): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).
118 Regulations as to quarantine Regulations made under this Act may provide for all or any of the following matters: (a) (b) (c) the procedure to be adopted in the inspection of ships or aircraft arriving in New Zealand and in the examination of persons on such ships or arriving by such aircraft; the conditions subject to which pratique may be granted; and generally the performance of quarantine: the measures of disinfection, including the disinfection of any things, to be adopted in respect of any ship or aircraft on which any infectious dis- ease exists or is reported to exist: the isolation and treatment of persons arriving in New Zealand who are or are suspected to be suffering from any quarantinable disease or who have or are suspected to have been exposed to the infection of a quaran- tinable disease or who are otherwise liable to quarantine under section 97: (cc) the payment by any person who has been isolated pursuant to regulations made under this section of the reasonable cost of his treatment and main- 207 Part 6 s 119 Health Act 1956 Reprinted as at 1 August 2020 (d) (e) tenance while in isolation, and the exemption of any person, in whole or in part, from liability to make such payment: the release of persons from quarantine, either unconditionally or subject to conditions as to medical surveillance or otherwise: the exemption of ships, aircraft, persons, or things of any specified classes, or in any specified circumstances or classes of circumstances, from the operation of any of the provisions of Part 4 or of any regula- tions under this Act, either wholly or in part or subject to conditions: (f) the powers, functions, and duties of medical officers of health and other officers in respect of quarantine or of any of the aforesaid matters.
Compare: 1920 No 45 s 132(1)(u)–(w); 1940 No 17 s 11(5) Section 118(c): replaced, on 3 November 1964, by section 8 of the Health Amendment Act 1964 (1964 No 34).

Section 118(cc): inserted, on 3 November 1964, by section 8 of the Health Amendment Act 1964 (1964 No 34).

Section 118(f): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).
119 Regulations as to noxious substances and gases and dangerous goods Regulations made under this Act may provide for all or any of the following matters: (a) (b) (c) (d) the regulation of the handling, storage, and disposal of noxious substan- ces or of goods that are or may become injurious to health or dangerous; the precautions to be taken in respect thereof, and the protective clothing to be provided for and used by persons or classes of persons engaged therein; the modification or limitation of the hours of employment, and the medical examination, of any such persons as aforesaid; and the pro- hibition or restriction of the employment of young persons therein: the prohibition or restriction of the sale, for domestic use, of any appar- atus or equipment that is or may be injurious to health or dangerous, or that involves the use of any poisonous or noxious substance in such a manner as to be likely to cause injury to health or danger: [Repealed] the prohibition, restriction, or regulation, of the use, sale, or supply of any apparatus or equipment which may emit electromagnetic radiation (other than X-rays or gamma rays), and the licensing or registration of persons, premises, or things in relation to any such use, sale, or supply.
Compare: 1920 No 45 ss 67(q), 132(2) Section 119(c): repealed, on 1 April 1974, by section 56(2) of the Clean Air Act 1972 (1972 No 31).

Section 119(d): inserted, on 8 December 1971, by section 3 of the Health Amendment Act 1971 (1971 No 100).
208 Reprinted as at 1 August 2020 Health Act 1956 Part 6 s 120A 120 Regulations as to registration (1) Regulations made under this Act may provide for all or any of the following matters: (a) (b) [Repealed] the registration of persons qualified to embalm dead bodies, or to pre- pare the dead for burial or cremation, or to conduct funerals; and prohib- iting, either absolutely or subject to conditions, the undertaking of any such duties by unregistered persons.
(2) Regulations made under this Act may provide for the registration by local authorities of premises used— (a) (b) (c) (d) (e) (f) (g) as lodginghouses: as eatinghouses: for the manufacture, preparation, packing, storage, or handling of any article of food for sale: for the carrying on of any offensive trade: as stock saleyards: as hairdressers’ shops or barbers’ shops: as funeral directors’ premises, that is to say premises in which persons registered under regulations made pursuant to paragraph (b) of subsec- tion (1) regularly embalm dead bodies or prepare the dead for burial or cremation.
(3) Any such regulations may prescribe conditions subject to which registration may be granted or renewed or revoked, and conditions to be complied with in the absence of such registration.

Compare: 1920 No 45 s 132(1)(aa); 1940 No 17 s 15(1)(a), (b) Section 120(1)(a): repealed, on 1 April 1977, by section 68(2) of the Plumbers, Gasfitters, and Drain- layers Act 1976 (1976 No 69).

Section 120(2)(c): amended, on 3 November 1964, by section 9(1) of the Health Amendment Act 1964 (1964 No 34).
Section 120(2)(d): amended, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 120(2)(f): inserted, on 3 November 1964, by section 9(2) of the Health Amendment Act 1964 (1964 No 34).

Section 120(2)(g): inserted, on 3 November 1964, by section 9(2) of the Health Amendment Act 1964 (1964 No 34).
120A Regulations as to homes and day-care centres for aged persons (1) Regulations made under this Act may provide for the registration, licensing, and control of homes and day-care centres for aged persons within the meaning of subsections (4) and (5).
(2) Any such regulations may— 209 Part 6 s 120A Health Act 1956 Reprinted as at 1 August 2020 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) prescribe, either by reference to other enactments or otherwise, min- imum standards of staffing to be provided in all such homes and day- care centres or in any class or classes of such homes or day-care centres: require compliance by the proprietors of all such homes and day-care centres with specified codes of practice or specified standards relating to management of premises and care of persons: provide for the inspection of all such homes and day-care centres and of premises reasonably believed to be such homes or day-care centres: prescribe licence fees to be payable by the proprietors of all such homes and day-care centres or any class or classes of such homes or day-care centres: prescribe conditions to govern, or that may be imposed in respect of, the grant and transfer of licences for such homes and day-care centres and the duties of licensees thereof: provide for the cancellation of such licences: exempt or provide for the exemption of any such home or day-care cen- tre or any class or classes of such homes or day-care centres from all or any of the provisions of the regulations: provide for the granting of temporary licences in respect of homes and day-care centres which do not comply with the minimum standards pre- scribed: prescribe the conditions subject to which persons may be accommodated in homes, whether those persons have attained the age of 65 years or not: prescribe minimum standards of care to be provided for residents in homes and for aged persons in day-care centres: prescribe activity programmes to be conducted for residents in homes and for aged persons in day-care centres: prescribe the qualifications required for managers of homes: prescribe training courses required to be undergone by persons employed in homes and day-care centres.
Every person commits an offence against this Act who holds out, or uses any words which are likely to lead persons to believe, that any home is a licensed hospital within the meaning of the Hospitals Act 1957 or a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or that premises which are not registered or licensed under regulations made pursuant to this section are in fact so registered or licensed.
In this section the term home means any premises where 3 or more persons who have attained the age of 65 years and are not related by blood or marriage or by or through a civil union or de facto relationship to the householder are, or are to be, in residence and paying for their lodging and for 1 or more meals a (3) (4) 210 Reprinted as at 1 August 2020 Health Act 1956 Part 6 s 120B (5) day, being any premises that are, or purport to be, conducted principally for aged-frail persons, and not being a licensed hospital within the meaning of the Hospitals Act 1957 or a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992.
In this section the term day-care centre means any premises which are or pur- port to be used regularly, although not necessarily continuously, for the accom- modation (for the purposes of care, occupation, recreation, or entertainment), during the day, of 5 or more persons who have attained the age of 65 years, who are not related by blood or marriage or by or through a civil union or de facto relationship to the occupier of the premises, and by whom or on whose behalf payment is made in respect of such accommodation or in respect of 1 or more meals provided in the course of such accommodation, whether or not the premises are used at the same time for the accommodation of other persons or for other purposes; but does not include— (a) (b) (c) a home; or any premises expressly excepted from the definition of home in subsec- tion (4); or any premises in which such accommodation may be provided by virtue of powers conferred by, or by virtue of a licence issued by a local author- ity under, any other enactment.
Section 120A: replaced, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 120A(3): amended, on 1 July 1993, by section 32(a) of the Health Amendment Act 1993 (1993 No 24).

Section 120A(4): amended, on 26 April 2005, by section 7 of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

Section 120A(4): amended, on 1 July 1993, by section 32(b) of the Health Amendment Act 1993 (1993 No 24).
Section 120A(5): amended, on 26 April 2005, by section 7 of the Relationships (Statutory Referen- ces) Act 2005 (2005 No 3).

120B Regulations as to camping grounds (1) Regulations made under this Act may provide for the registration, licensing, and control of camping grounds carried on for fee or reward, and of persons carrying on camping grounds for such purpose.
(2) Any such regulations may— (a) (b) prescribe, either by reference to other enactments or otherwise, min- imum standards of accommodation, equipment, facilities, and amenities to be provided at any such camping grounds, and minimum standards of cleanliness and sanitation to be observed therein: prescribe the form and manner in which applications for registration and licences under the regulations are to be made, and the information to be supplied in support of any such application: (c) prescribe, or provide for the fixing by local authorities of, fees for— 211 Part 6 s 120C Health Act 1956 Reprinted as at 1 August 2020 (i) (ii) any application under the regulations: registration and the issue of licences under the regulations: (iii) the renewal of registration and licences under the regulations: exempt or provide for the exemption of any person or class of persons from liability to pay any such fees: prescribe conditions to govern, or that may be imposed in respect of, the grant, renewal, and transfer of registration and licences under the regula- tions: require persons carrying on camping grounds to keep such descriptive plans, and such records, registers, and other documents as may be speci- fied in the regulations, and prescribe the particulars to be shown on or entered in any such plan, record, register, or other document: prescribe the duties of persons carrying on any camping ground or any class of camping grounds to which the regulations for the time being apply: provide for the inspection of any such camping ground or of any class of such camping grounds: provide for the cancellation of registration and licences under the regula- tions: exempt or provide for the exemption of any camping ground or person, or any class of camping grounds or persons, from any of the provisions of the regulations, either unconditionally or on such terms and subject to such conditions as may be prescribed or authorised by the regulations: (d) (e) (f) (g) (h) (i) (j) (k) prescribe or make provision for such other matters as may be necessary for the due administration of this section and of any such regulations.
Section 120B: inserted, on 10 December 1976, by section 2(1) of the Health Amendment Act 1976 (1976 No 91).
120C Regulations as to housing improvement and overcrowding (1) Subject to the Building Act 2004, for the purpose of prescribing standards of fitness with which any dwellinghouse, whether erected before or after the com- mencement of this section, must comply, regulations made under this Act may make provision for or with respect to— (a) (b) (c) (d) the construction, condition, and situation of dwellinghouses, and the space about dwellinghouses: the drainage, sanitation, ventilation, lighting, and cleanliness of dwell- inghouses and of the land on which dwellinghouses are situated: the repair of dwellinghouses: the provision in respect of dwellinghouses of a proper supply of potable water and hot water, of bathing, laundry, cooking, and food storage facil- ities, and of sanitary conveniences: 212 Reprinted as at 1 August 2020 Health Act 1956 Part 6 s 121 (e) the protection of dwellinghouses from damp, excessive noise, and heat loss: (f) the dimensions, cubical content, and height of rooms of dwellinghouses.
(2) Regulations may also be made under this Act for the purpose of preventing overcrowding in dwellinghouses.
(3) Without limiting the general power conferred by subsection (2), regulations may be made pursuant to that subsection for all or any of the following pur- poses: (a) (b) (c) prescribing the number of persons permitted to reside in dwellinghouses, having regard to the number of rooms, the amount of floor space, air space, or ventilation thereof, and the amenities provided: prescribing methods of calculating the number of persons, the number of rooms, and the amount of the floor space, air space, or ventilation thereof: prescribing offences in respect of the contravention of or non-compli- ance with any regulations made under that subsection, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $500.
Section 120C: inserted, on 30 November 1979, by section 7(1) of the Health Amendment Act 1979 (1979 No 64).

Section 120C(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 120C(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 120C(1)(d): amended, on 1 July 2008, by section 8 of the Health (Drinking Water) Amend- ment Act 2007 (2007 No 92).
121 Regulations as to qualifications of environmental health officers appointed by local authorities (1) Regulations made under this Act may prescribe the qualifications to be pos- sessed by persons appointed by local authorities as environmental health offi- cers for the purposes of this Act.
(2) Any such regulations may prescribe the qualifications of fully qualified envir- onmental health officers, and may prescribe different qualifications for persons appointed on probation and undergoing training as environmental health offi- cers.

(3) Any such regulations may prescribe conditions subject to which persons who are not fully qualified as environmental health officers may be employed on probation.
Compare: 1920 No 45 s 132(1)(ab); 1940 No 17 s 5(1) 213 Part 6 s 121A Health Act 1956 Reprinted as at 1 August 2020 Section 121 heading: amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

Section 121(1): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

Section 121(2): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
Section 121(3): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
121A Regulations as to retention of health information (1) Regulations made under this Act may provide for all or any of the following matters: (a) (b) (c) the minimum periods for which health information or specimens, or any class or classes of health information or specimens, must be retained by any person or class or classes of person specified in the regulations: the safeguards to be taken by any holder, or any class or classes of holder, of health information or specimens, to ensure that health infor- mation or specimens, or any class or classes of health information or specimens, is protected against all or any of the following: (i) (ii) loss, damage, or destruction: access, use, modification, or disclosure, except where properly authorised: (iii) other misuse: the procedures (including procedures requiring notification to the public, or any section of the public, or to any particular persons) to be followed by any holder, or any class or classes of holder, of health information or specimens, or any class or classes of health information or specimens, before that information or those specimens may be destroyed.
(2) In this section, health information has the same meaning as in section 22B and specimen means a bodily sample or tissue sample taken from a person.

Section 121A: inserted, on 1 July 1993, by section 3 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 121A(1)(a): amended, on 7 March 2005, by section 5(1) of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
Section 121A(1)(b): amended, on 7 March 2005, by section 5(2) of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Section 121A(1)(c): amended, on 7 March 2005, by section 5(3) of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Section 121A(1)(c): amended, on 7 March 2005, by section 5(4) of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
Section 121A(2): amended, on 7 March 2005, by section 5(5) of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
214 Reprinted as at 1 August 2020 Health Act 1956 Part 7 s 123 122 Special provisions as to regulations (1) Any regulations made under this Act may apply generally, or may apply, or be applied from time to time by the Minister by notice in the Gazette, within any specified district or subdivision of a district of any local authority, or within any specified part of New Zealand; and any such notice may be revoked or varied at any time in like manner.
(2) (3) (4) (5) (6) If at any time while any such regulations apply within any specified district or subdivision of a district of any local authority the boundaries of the district or subdivision are altered, the regulations, unless the context thereof or of any such notice as aforesaid otherwise requires, shall thereafter apply within the district or subdivision as so altered.
The operation of any regulations made under this Act may, if so provided in the regulations, be wholly suspended until they are applied by the Minister by notice pursuant to subsection (1).

So far as the bylaws of any local authority in force in any locality are inconsist- ent with or repugnant to any regulations under this Act in force in that locality, the bylaws shall be deemed to be subject to the regulations.
[Repealed] The Minister, before recommending the making of any regulations under sec- tion 117 or section 119 relating to hazardous substances (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996), must consult the Environmental Protection Authority established by section 7 of the Environ- mental Protection Authority Act 2011 about the contents of any such regula- tions, and shall take into account any submissions made by the Authority.
Compare: 1920 No 45 s 133 Section 122(5): repealed, on 19 December 1989, by section 11 of the Regulations (Disallowance) Act 1989 (1989 No 143).

Section 122(6): inserted, on 2 July 2001, by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).

Section 122(6): amended, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).
Part 7 Miscellaneous provisions 123 Powers of Director-General on default by local authority (1) Where any local authority that is required to provide, alter, or extend any sani- tary works pursuant to this Act— (a) fails to commence or to complete the provision, alteration, or extension of those works within such time as the Director-General, in approving the proposals under section 25, may have fixed; or 215 Part 7 s 123 Health Act 1956 Reprinted as at 1 August 2020 (b) has, in the opinion of the Director-General, failed to proceed diligently with the provision, alteration, or extension of those works,— the Director-General may, at the direction of the Minister, commence, carry out, and complete the provision, alteration, or extension of those works.
(2) Where any local authority otherwise fails to exercise any power or perform any duty under this Act, the Director-General may himself or herself exercise the power or perform the duty.

(3) (4) For the purposes of this section the Director-General may employ all such offi- cers, employees, contractors, and others as may be necessary.
Subject to the succeeding provisions of this section, when any work is done or any power or duty is exercised or performed by or on behalf of the Director- General pursuant to this section, it shall be deemed for all purposes to have been done, exercised, or performed, as the case may be, by the local authority.

(5) All expenses incurred by the Director-General under this section shall be paid in the first instance out of public money.
(6) All public money so paid, together with reasonable costs in respect of adminis- tration, shall be recoverable from the local authority as a debt due to the Crown, or may be deducted from any money payable by the Crown to the local authority.

(7) All money recovered from any local authority under this section, or deducted as aforesaid, shall be paid into a Crown Bank Account or a departmental bank account.
Compare: 1920 No 45 s 143; 1951 No 44 s 7 Section 123 heading: amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 123(1): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 123(1)(a): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 123(1)(b): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).
Section 123(2): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 123(3): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 123(4): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 123(5): replaced, on 1 July 1993, by section 33 of the Health Amendment Act 1993 (1993 No 24).
Section 123(6): replaced, on 1 July 1993, by section 33 of the Health Amendment Act 1993 (1993 No 24).

Section 123(7): replaced, on 1 July 1993, by section 33 of the Health Amendment Act 1993 (1993 No 24).

216 Reprinted as at 1 August 2020 Health Act 1956 Part 7 s 125 Section 123(7): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
123A Mandamus The Minister may apply to the High Court for a writ of mandamus to compel a local authority to perform any duty that the local authority has failed to per- form under this Act.

Section 123A: inserted, on 3 November 1964, by section 11 of the Health Amendment Act 1964 (1964 No 34).

Section 123A: amended, on 1 October 1988, by section 4(3) of the Health Amendment Act 1988 (1988 No 99).
Section 123A: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

124 Constitution and powers of boards of appeal [Repealed] Section 124: repealed, on 14 November 2018, by section 75 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
125 Medical examination of children (1) In this section,— early childhood education and care centre and State school have the mean- ings given in section 10(1) of the Education and Training Act 2020 private school means a school registered under section 214 of the Education and Training Act 2020.
(2) Any medical officer employed in the Ministry or other person authorised by the Minister to exercise the powers conferred by this section on an officer so authorised, or any nurse employed by the Royal New Zealand Society for the Health of Women and Children (Incorporated) engaged in work pursuant to a contract in that behalf between the said Society and the Minister, may at all reasonable times enter any State school or early childhood education and care centre and examine the children attending the school or centre, and may notify the parent or guardian of any such child, or any other person whom he reason- ably believes to be concerned with the welfare of the child, of any condition which in his opinion is affecting the health or normal development of the child or of any disease or defect from which in his opinion the child may be suffer- ing.
(3) The powers conferred by subsection (2) may be exercised in respect of any pri- vate school, and in respect of the children attending there, if application in that behalf is made in writing to the medical officer of health by the controlling authority thereof.

Any such application may be revoked in like manner at any time.

217 Part 7 s 126 Health Act 1956 Reprinted as at 1 August 2020 Section 125: replaced, on 23 November 1967, by section 3(1) of the Health Amendment Act 1967 (1967 No 78).
Section 125(1): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 125(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 125(2): amended, on 24 October 2018, by section 24 of the Education Amendment Act 2018 (2018 No 40).

Section 125(2): amended, on 1 July 1993, by section 35 of the Health Amendment Act 1993 (1993 No 24).
Section 125(2): amended, on 30 November 1979, by section 8 of the Health Amendment Act 1979 (1979 No 64).

126 Infirm and neglected persons (1) If any aged, infirm, incurable, or destitute person is found to be living in insanitary conditions or without proper care or attention, the District Court may, on the application of the medical officer of health, make an order for the committal of that person to any appropriate hospital or institution available for the reception of such persons.
(2) An order under this section may be made in respect of any such person who habitually lives in any such conditions as aforesaid, notwithstanding that at the time of the application or of the order he may have been temporarily removed from such conditions or such conditions may have been temporarily remedied.
(3) If any person in respect of whom an order is made under this section refuses to comply with that order, any environmental health officer under this Act or any constable may, without further warrant than this section, take that person and place him in the custody of the Medical Superintendent or manager or other person in charge of such hospital or institution as aforesaid, who shall have authority to detain him pursuant to the order of committal.
Compare: 1920 No 45 s 142; 1940 No 17 s 13 Section 126(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 126(1): amended, on 1 July 1993, by section 36 of the Health Amendment Act 1993 (1993 No 24).

Section 126(3): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
126A Persons attempting to commit suicide [Repealed] Section 126A: repealed, on 1 July 1993, by section 37(1) of the Health Amendment Act 1993 (1993 No 24).

126B Blood transfusions [Repealed] Section 126B: repealed, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
218 Reprinted as at 1 August 2020 Health Act 1956 Part 7 s 129 127 Attendance of medical officer of health at meetings of local authorities At the request or with the consent of any local authority, the medical officer of health may attend any meeting of the local authority, or of any committee of the local authority, and take part in the discussion of any matter relating to pub- lic health or to the powers and duties of the local authority under this Act: provided that he shall not have the right to vote on any question at any such meeting, and shall retire from the meeting whenever he is requested to do so by the chairman of the meeting.
Section 127: amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).
128 Power of entry and inspection For the purposes of this Act any medical officer of health, or any health protec- tion officer, or any other person authorised in writing in that behalf by the med- ical officer of health or by any local authority, may at all reasonable times enter any dwellinghouse, building, land, ship, or other premises and inspect the same, and may execute thereon any works authorised under or pursuant to this Act.
Compare: 1920 No 45 s 134; 1940 No 17 s 18 Section 128: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

128A Building Act 2004 (1) Where any person making an inspection in accordance with section 128 believes that any building or sitework does not comply with the Building Act 2004, that person shall by notice in writing give to the appropriate territorial authority details of the respects in which the building or sitework is believed not to comply.
(2) For the purposes of this section, the terms building, sitework, and territorial authority have the meanings ascribed to them by the Building Act 2004.

Section 128A: inserted, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 128A heading: amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 128A(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 128A(2): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
129 Protection of persons acting under authority of Act (1) A person who, in pursuance or intended pursuance of any of the provisions of this Act, does any act, or fails or refuses to do any act, shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted, or failed or refused to act, in bad faith or without reasonable care.
219 Part 7 s 130 Health Act 1956 Reprinted as at 1 August 2020 (2) No proceedings, civil or criminal, shall be brought against any person in any court in respect of any act, failure, or refusal, to which subsection (1) applies except by leave of a Judge of the High Court, and such leave shall not be gran- ted unless the Judge is satisfied that there is substantial ground for the conten- tion that the person against whom it is sought to bring the proceedings has acted, or failed or refused to act, in bad faith or without reasonable care.
(3) Notice of any application under subsection (2) shall be given to the person against whom it is sought to bring the proceedings, and that person shall be entitled to be heard against the application.

(4) (5) (6) Leave to bring such proceedings shall not be granted unless application for such leave is made within 6 months after the act, failure, or refusal complained of, or, in the case of a continuance of injury or damage, within 6 months after the ceasing of the injury or damage.
In granting leave to bring any such proceedings as aforesaid, the Judge may limit the time within which such leave may be exercised.

This section does not apply in respect of any person who does or omits to do any act in connection with the performance or exercise of a function or power under Part 2A.

Compare: 1940 No 17 s 14 Section 129(1): amended, on 9 December 1994, by section 3(a) of the Health Amendment Act (No 3) 1994 (1994 No 137).
Section 129(1): amended, on 9 December 1994, by section 3(b) of the Health Amendment Act (No 3) 1994 (1994 No 137).

Section 129(2): amended, on 9 December 1994, by section 3(b) of the Health Amendment Act (No 3) 1994 (1994 No 137).

Section 129(2): amended, on 9 December 1994, by section 3(c) of the Health Amendment Act (No 3) 1994 (1994 No 137).

Section 129(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
Section 129(4): amended, on 9 December 1994, by section 3(d) of the Health Amendment Act (No 3) 1994 (1994 No 137).

Section 129(6): inserted, on 1 July 2008, by section 9 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

130 Expenses of local authorities (1) All expenses incurred by or on behalf of any local authority in carrying out any of the provisions of this Act may be paid by the local authority out of its general funds.
(2) (3) [Repealed] [Repealed] Compare: 1920 No 45 s 140 220 Reprinted as at 1 August 2020 Health Act 1956 Part 7 s 131 Section 130(2): repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).

Section 130(3): repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).
131 Service of documents (1) Any document required or authorised under this Act, or under any regulations or bylaws made under this Act, to be served on any person may be served by delivering it to that person, or by leaving it at his usual or last known place of abode or business, or by posting it by letter addressed to him at his usual or last known place of abode or business.
If so posted, it shall be deemed to have been served at the time when the letter would be delivered in the ordinary course of post.

(2) (3) (3A) If the person is absent from New Zealand the document may be served in any such manner as aforesaid on his agent in New Zealand.

If he is deceased, the notice may be served in any such manner as aforesaid on his personal represen- tative.
If the person or his place of abode or business is not known, or if he is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representative, the document may be served in such man- ner as may be directed by the High Court; or, in the case of a document relating to any land or premises, may be served on the occupier thereof or left with some inmate of his abode or, if there is no occupier, may be put up on some conspicuous part of the land or premises.
It shall not be necessary in any such document to specify the name of the owner or occupier of any land or premises to which the document relates, if that name is not known to the person issuing the document.
In the case of a document relating to any land or premises in which more than 5 persons hold an estate or interest as tenants in common, service of such docu- ment on any 5 of those persons shall, without prejudice to the provisions of subsection (5) of section 42 or to the other provisions of this section, be deemed to be service on all the tenants in common.
Every document which is served in accordance with the provisions of this subsection shall notify the per- sons on whom it is served that it is served upon them as representatives of all the owners of such estate or interest.

(4) Notwithstanding anything in the foregoing provisions of this section, the High Court may in any case make an order directing the manner in which any docu- ment is to be served, or dispensing with service thereof.
Compare: 1920 No 45 s 136 Section 131(1): amended, on 26 July 1988, by section 8 of the Health Amendment Act 1988 (1988 No 99).

Section 131(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

221 Part 7 s 132 Health Act 1956 Reprinted as at 1 August 2020 Section 131(3A): inserted, on 3 November 1964, by section 12 of the Health Amendment Act 1964 (1964 No 34).
Section 131(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
132 Procedure in respect of charges on land Where by this Act any money is declared to be a charge on any land the fol- lowing provisions shall apply: (a) (b) (c) (d) if any question or dispute arises as to the fact or amount of the charge, or as to the land subject thereto, or as to the persons liable to pay the amount of the charge, it shall be determined by the District Court on the application of any interested party, and the court’s decision shall be final: subject to any decision of the court, a certificate under the hand of the medical officer of health or of the mayor, chairperson, or chief executive of the local authority is sufficient evidence of the amount of the charge, the land subject to the charge, and the persons liable to pay the amount of the charge: the charge may be registered under the provisions of subpart 5 of Part 3 of the Land Transfer Act 2017: except as hereinafter provided, the charge shall, on registration, have pri- ority over all existing or subsequent mortgages, charges, or encumbran- ces howsoever created.
Notwithstanding anything to the contrary in any other Act, if any land subject to the charge is also subject to a charge cre- ated by that other Act, the charges shall rank equally with each other unless by virtue of that other Act the charge created thereby would be deferred to the charge created by this Act.

Compare: 1920 No 45 s 144 Section 132(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 132(b): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 132(c): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
132A Bursaries (1) For the purpose of assisting suitable persons to qualify for professions, occupa- tions, and callings concerned with the maintenance or promotion of public health, or for obtaining additional qualifications in such professions, occupa- tions, or callings, the Minister may establish bursaries which shall be of such number and value as he may determine, with the concurrence of the Minister of Finance, in respect of any particular case or class of cases.
(2) All payments in connection with bursaries so established shall be paid out of money appropriated by Parliament for the purpose.
222 Reprinted as at 1 August 2020 Health Act 1956 Part 7 s 134 (3) Without limiting the power to make regulations under section 117, it is hereby declared that regulations may be made under that section prescribing condi- tions, in addition to or in lieu of the condition referred to in subsection (4), sub- ject to which such bursaries shall be held and the circumstances in which and the persons by whom such bursaries may be cancelled or suspended.
(4) Any person to whom a bursary is awarded under this section (in this section referred to as the bursar) may be required as a condition of receiving that bur- sary to sign a bond in a form to be determined by the Minister requiring him to pay to the Crown the sum therein specified if he makes default in the perform- ance of any condition of the bond: provided that, in any case where the bursar is required, as a condition for the discharge of the bond, to render a period or periods of service, the said sum shall be reduced during the currency of the bond by an amount equivalent to the proportion that the service rendered by the bursar in accordance with the condition of the bond bears to the full period of service required for the dis- charge of the bond.
(5) (6) The Minister may require that such a bond shall also be signed by a parent or guardian, or by some person approved by the Minister, as surety; and in that event the bursar and such surety shall be jointly and severally liable thereunder.

Every such bond shall be enforceable against the bursar and the surety who signs it, notwithstanding anything in this Act or any other Act or any rule of law.
(7) Nothing in this section shall affect any bursary awarded by or on behalf of the Minister otherwise than pursuant to this section or the validity of any agree- ment, bond, or acknowledgement, whether executed before or after the com- mencement of this section, relating to any such bursary.

Section 132A: inserted, on 1 August 1965, by section 13(1) of the Health Amendment Act 1964 (1964 No 34).
133 Obstruction of officers Every person commits an offence against this Act who wilfully obstructs, hin- ders, or resists any person in the execution of any powers conferred on him by or pursuant to this Act.
Compare: 1920 No 45 s 135 134 Failure to disclose name of owner or occupier (1) The occupier, or the agent of the owner, of any premises commits an offence against this Act if he refuses or wilfully fails to disclose or wilfully misstates the name and address of the owner of the premises when requested by the med- ical officer of health or any environmental health officer to state that name and address.
(2) The owner of any premises commits an offence against this Act if he refuses or wilfully fails to disclose or wilfully misstates the name of the occupier of the 223 Part 7 s 135 Health Act 1956 Reprinted as at 1 August 2020 premises when requested by a medical officer of health or any environmental health officer to state that name.

Compare: 1920 No 45 s 137 Section 134(1): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
Section 134(2): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

135 Interference by owner or occupier If in the performance of any duty imposed on him by or pursuant to this Act the owner of any premises is obstructed in any way by the occupier, or the occu- pier by the owner, the one who obstructs or hinders the other commits an offence against this Act.
Compare: 1920 No 45 s 138 136 General penalty for offences Every person who commits an offence against this Act, or against any regula- tions made under this Act, for which no penalty is provided elsewhere than in this section is liable on conviction to a fine not exceeding $500 and, if the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued.
Compare: 1917 No 24 s 11; 1920 No 45 s 145(1) Section 136: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 136: amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

137 Offences punishable on summary conviction [Repealed] Section 137: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
137A Incorporation of material by reference into regulations and compliance documents (1) The following material may be incorporated by reference into any regulations, standards, or other compliance documents (instruments) made or issued under the provisions of this Act (other than Part 4A): (a) (b) standards, requirements, or recommended practices of national or inter- national organisations: any other written material that, in the opinion of the Minister or, as appropriate, the Director-General, is too large or is impractical to include in, or print as part of, the instruments concerned.
(2) Material may be incorporated by reference in an instrument— (a) in whole or in part; and 224 Reprinted as at 1 August 2020 Health Act 1956 Part 7 s 137C (b) with modifications, additions, or variations specified in the instrument.

(3) The incorporated material— (a) (b) is the material as it exists at the time that the instrument is made or issued; and forms part of the instrument for all purposes and has legal effect accord- ingly.
Section 137A: inserted, on 1 July 2008, by section 10 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
137B Effect of amendments to, or replacement of, material incorporated by reference An amendment to, or replacement of, material incorporated by reference in this Act or in an instrument has legal effect as part of the instrument only if— (a) (b) the amendment or replacement material is made by the person or organ- isation originating the incorporated material; and the amendment or replacement material is of the same general character as the material amended or replaced; and (c) either,— (i) (ii) in the case of material incorporated in this Act or in regulations, regulations are made that state that the particular amendment or replacement has that effect; or in the case of material incorporated in a compliance document, the Director-General, by notice in the Gazette, adopts the amendment or replacement.
Section 137B: inserted, on 1 July 2008, by section 10 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
137C Proof of material incorporated by reference (1) A copy of material incorporated by reference in this Act or in an instrument, including any amendment to, or replacement of, the material (material), must be— (a) certified as a correct copy of the material by the Minister or, as appropri- ate, the Director-General; and (b) retained by the Minister or, as appropriate, the Director-General.
(2) The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the instrument of the material.

Section 137C: inserted, on 1 July 2008, by section 10 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
225 Part 7 s 137D Health Act 1956 Reprinted as at 1 August 2020 137D Effect of expiry of material incorporated by reference Material incorporated by reference in this Act or an instrument that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the Act or the instrument only if the Minister or, as appropriate, the Director- General, by notice in the Gazette, states that the material ceases to have legal effect.
Section 137D: inserted, on 1 July 2008, by section 10 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
137E Requirement to consult (1) This section applies if— (a) the Minister proposes to make a recommendation for— (i) (ii) regulations to be made under this Act that incorporate material by reference; or regulations under section 137B(c)(i) that state that an amendment to, or replacement of, material incorporated by reference in regu- lations has legal effect as part of the regulations; or (b) the Director-General proposes to— (i) (ii) issue a standard or other compliance document that incorporates material by reference; or publish, under section 137B(c)(ii), a notice in the Gazette that adopts an amendment to, or replacement of, material incorporated by reference in a standard or other compliance document.
(2) Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the Director-General must— (a) make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference (proposed material) available for inspection during working hours for a reasonable period, free of charge, at the Ministry’s office in Wellington; and (b) make copies of the proposed material available for purchase at a reason- able price at the Ministry’s office in Wellington; and (c) give notice in the Gazette stating that— (i) (ii) the proposed material is available for inspection during working hours, free of charge, the place at which it can be inspected, and the period during which it can be inspected; and copies of the proposed material can be purchased and the place at which they can be purchased; and (d) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and 226 Reprinted as at 1 August 2020 Health Act 1956 Part 7 s 137F (e) consider any comments they make.
(3) Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the Director-General— (a) may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and (b) must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and the details of where or how it can be accessed or obtained.
(4) The reference in subsections (2) and (3) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material.

(5) A failure to comply with this section does not invalidate an instrument that incorporates material by reference.

Section 137E: inserted, on 1 July 2008, by section 10 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
137F Access to material incorporated by reference (1) The Director-General— (a) must make the material referred to in subsection (2) (material) available for inspection during working hours free of charge at the Ministry’s office in Wellington; and (b) must make copies of the material available for purchase at a reasonable price at all of the Ministry’s offices; and (c) may make copies of the material available in any other way that the the circumstances (for in Director-General considers appropriate example, on an Internet website); and (d) must give notice in the Gazette stating that— (i) (ii) (iii) (iv) the material is incorporated in an instrument and the date on which the instrument was made; and the material is available for inspection during working hours, free of charge, at the Ministry’s office in Wellington and the location of that office; and copies of the material can be purchased at all of the Ministry’s offices and the location of those offices; and if copies of the material are made available under paragraph (c), the material is available in other ways and the details of where or how it can be accessed or obtained.
(2) The material is— (a) material incorporated by reference in this Act or in an instrument: 227 Part 7 s 137G Health Act 1956 Reprinted as at 1 August 2020 (b) (c) any amendment to, or replacement of, that material that is incorporated in the instrument or the material referred to in paragraph (a) with the amendments or replacement material incorporated: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.
(3) A failure to comply with this section does not invalidate an instrument that incorporates material by reference.

Section 137F: inserted, on 1 July 2008, by section 10 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

137G Application of Legislation Act 2012 to material incorporated by reference (1) Part 2 of the Legislation Act 2012 does not apply to material incorporated by reference in this Act or in an instrument or to an amendment to, or replacement of, that material.
(2) Nothing in section 41 of the Legislation Act 2012 requires material that is incorporated by reference in this Act or in an instrument made or issued under this Act to be presented to the House of Representatives.

Section 137G: replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
137H Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed] Section 137H: repealed, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

138 Other Acts not affected Except so far as may be expressly provided in this Act, nothing in this Act shall be so construed as to limit or affect in any way the provisions of any other Act.
Compare: 1920 No 45 s 147 139 Consequential amendments (1) (2) The enactments specified in Schedule 6 are hereby amended in the manner indicated in that schedule.

Every reference in any other enactment to a sanitary inspector shall be deemed to be a reference to a city health inspector or, as the case may require, to a bor- ough health inspector, a town district health inspector, a county health inspector, or a district health inspector.
Section 139(2): amended, on 1 April 1980, by section 8(3) of the Local Government Amendment Act 1979 (1979 No 59).

140 Repeals and savings (1) The enactments specified in Schedule 7 are hereby repealed.

228 Reprinted as at 1 August 2020 Health Act 1956 Part 7 s 140 (2) The regulations and notices specified in Schedule 8 are hereby revoked.
(3) Without limiting the provisions of the Interpretation Act 1999, it is hereby declared that the repeal of any provision by this Act shall not affect any docu- ment made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that pro- vision had been in force when the document was made or the thing was done.
(4) [Repealed] (5) Any regulations made under the Social Hygiene Act 1917 and in force at the commencement of this Act shall be deemed to have been made under this Act and shall continue in force accordingly, except so far as any provision of those regulations is inconsistent with any provision of Part 3.

Section 140(3): amended, on 1 November 1999, pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).
Section 140(4): repealed, on 1 April 1970, by section 129(1) of the Mental Health Act 1969 (1969 No 16).

229 Schedule 1 Health Act 1956 Schedule 1 Infectious diseases Reprinted as at 1 August 2020 s 2 Schedule 1: replaced, on 26 November 1982, by section 5 of the Health Amendment Act 1982 (1982 No 34).
Part 1 Notifiable infectious diseases Section A—Infectious diseases notifiable to medical officer of health and local authority Acute gastroenteritis Campylobacteriosis Cholera Cryptosporidiosis Giardiasis Hepatitis A Legionellosis Listeriosis Meningoencephalitis—primary amoebic Salmonellosis Shigellosis Typhoid and paratyphoid fever Yersiniosis Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(a) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(b) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(c) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(d) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(e) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(f) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(g) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(h) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).

230 Reprinted as at 1 August 2020 Health Act 1956 Schedule 1 Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(i) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(j) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(k) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(l) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(m) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(n) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(o) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(p) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(q) of the Infectious and Noti- fiable Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(r) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(1)(s) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section A: amended, on 6 June 1996, by clause 2(2) of the Infectious and Notifia- ble Diseases Order 1996 (SR 1996/92).
Section B—Infectious diseases notifiable to medical officer of health Anthrax Arboviral diseases Brucellosis COVID-19 Creutzfeldt Jakob Disease and other spongiform encephalopathies Cronobacter species Diphtheria Haemophilus influenzae b Hepatitis B Hepatitis C Hepatitis (viral) not otherwise specified Highly Pathogenic Avian Influenza (including HPAI subtype H5N1) Hydatid disease Invasive pneumococcal disease Leprosy Leptospirosis 231 Health Act 1956 Reprinted as at 1 August 2020 Schedule 1 Malaria Measles Middle East Respiratory Syndrome Mumps Neisseria meningitidis invasive disease Non-seasonal influenza (capable of being transmitted between human beings) Novel coronavirus capable of causing severe respiratory illness Pertussis Plague Poliomyelitis Q fever Rabies and other lyssaviruses Rheumatic fever Rickettsial diseases Rubella Severe Acute Respiratory Syndrome Tetanus Tuberculosis Verotoxin-producing or shiga toxin-producing Escherichia coli Viral haemorrhagic fevers Yellow fever Schedule 1 Part 1 Section B: amended, on 11 March 2020, by clause 3(1) of the Infectious and Noti- fiable Diseases Order (No 2) 2020 (LI 2020/31).
Schedule 1 Part 1 Section B: amended, on 30 January 2020, by clause 3 of the Infectious and Notifia- ble Diseases Order 2020 (LI 2020/1).

Schedule 1 Part 1 Section B: amended, on 4 January 2017, by section 14(1) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Schedule 1 Part 1 Section B: amended, on 4 January 2017, by section 14(2) of the Health (Protection) Amendment Act 2016 (2016 No 35).
Schedule 1 Part 1 Section B: amended, on 5 September 2014, by clause 3(2) of the Infectious and Notifiable Diseases Order 2014 (LI 2014/293).

Schedule 1 Part 1 Section B: amended, on 6 September 2013, by clause 3(2) of the Infectious and Notifiable Diseases Order 2013 (SR 2013/355).

Schedule 1 Part 1 Section B: amended, on 13 December 2012, by clause 3(a) of the Infectious and Notifiable Diseases Order 2012 (SR 2012/339).
Schedule 1 Part 1 Section B: amended, on 13 December 2012, by clause 3(b) of the Infectious and Notifiable Diseases Order 2012 (SR 2012/339).

Schedule 1 Part 1 Section B: amended, on 13 December 2012, by clause 3(c) of the Infectious and Notifiable Diseases Order 2012 (SR 2012/339).

232 Reprinted as at 1 August 2020 Health Act 1956 Schedule 1 Schedule 1 Part 1 Section B: amended, at 4 pm on 29 April 2009, by clause 3(a) of the Health (Non- Seasonal Influenza) Order 2009 (SR 2009/113).
Schedule 1 Part 1 Section B: amended, on 16 October 2008, by clause 3 of the Infectious and Notifia- ble Disease (Invasive Pneumococcal Disease) Order 2008 (SR 2008/312).

Schedule 1 Part 1 Section B: amended, on 12 February 2004, by clause 3 of the Infectious and Notifi- able Disease (Highly Pathogenic Avian Influenza) Order 2004 (SR 2004/8).

Schedule 1 Part 1 Section B: amended, on 1 April 2003, by clause 3 of the Infectious and Notifiable Disease (SARS) Order 2003 (SR 2003/70).
Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(a) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(b) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(c) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(d) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(e) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(f) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(g) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(h) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(i) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).
Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(j) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(1)(k) of the Infectious and Notifi- able Diseases Order 1996 (SR 1996/92).

Schedule 1 Part 1 Section B: amended, on 6 June 1996, by clause 3(2) of the Infectious and Notifia- ble Diseases Order 1996 (SR 1996/92).
Section C—Infectious diseases notifiable to medical officer of health without identifying information of patient or deceased person Schedule 1 Part 1 Section C heading: inserted, on 4 January 2017, by section 14(3) of the Health (Protection) Amendment Act 2016 (2016 No 35).
Acquired Immunodeficiency Syndrome Gonorrhoeal infection Human Immunodeficiency Virus (HIV) infection Syphilis Schedule 1 Part 1 Section C: inserted, on 4 January 2017, by section 14(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).
233 Schedule 1 Health Act 1956 Reprinted as at 1 August 2020 Part 2 Other infectious diseases Chancroid Chlamydia Herpes simplex Impetigo contagiosa Influenza Non-specific urethritis Pediculosis Scabies Soft chancre Streptococcal infection group A Varicella-zoster infection Venereal granuloma (Lymphogranuloma venereum or granuloma inguinale) Venereal warts Schedule 1 Part 2: amended, on 4 January 2017, by section 14(5)(a) of the Health (Protection) Amendment Act 2016 (2016 No 35).
Schedule 1 Part 2: amended, on 4 January 2017, by section 14(5)(b) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Schedule 1 Part 2: amended, on 4 January 2017, by section 14(5)(c) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Schedule 1 Part 2: amended, on 4 January 2017, by section 14(6) of the Health (Protection) Amend- ment Act 2016 (2016 No 35).
Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(a) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(b) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(c) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).
Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(d) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(e) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(f) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).
Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(g) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(h) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(i) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).
234 Reprinted as at 1 August 2020 Health Act 1956 Schedule 1 Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(j) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(k) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(l) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).
Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(m) of the Infectious and Notifiable Dis- eases Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(n) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).

Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(1)(o) of the Infectious and Notifiable Disea- ses Order 1996 (SR 1996/92).
Schedule 1 Part 2: amended, on 6 June 1996, by clause 4(2) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

Part 3 Quarantinable infectious diseases Schedule 1 Part 3: replaced, on 5 September 2014, by clause 3(3) of the Infectious and Notifiable Diseases Order 2014 (LI 2014/293).
Avian influenza (capable of being transmitted between human beings) Cholera COVID-19 Middle East Respiratory Syndrome Non-seasonal influenza (capable of being transmitted between human beings) Novel coronavirus capable of causing severe respiratory illness Plague Viral haemorrhagic fevers (capable of being transmitted between human beings) Yellow fever Schedule 1 Part 3: amended, on 11 March 2020, by clause 3(2) of the Infectious and Notifiable Dis- eases Order (No 2) 2020 (LI 2020/31).
235 Schedule 2 Health Act 1956 Reprinted as at 1 August 2020 Schedule 2 Diseases notifiable to medical officer of health (other than notifiable infectious diseases) Schedule 2: replaced, on 26 November 1982, by section 6 of the Health Amendment Act 1982 (1982 No 34).

Section A—Conditions arising from occupation Schedule 2 Section A: amended, on 13 December 2012, by clause 4 of the Infectious and Notifiable Diseases Order 2012 (SR 2012/339).
s 2 Section B—Other conditions Cysticercosis Decompression sickness Lead absorption equal to or in excess of 0.48 µmol/ℓ Poisoning arising from chemical contamination of environment Taeniasis Trichinosis Schedule 2 Section B: amended, on 3 September 2007, by clause 3 of the Infectious and Notifiable Diseases Order 2007 (SR 2007/202).

Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(a) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).
Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(b) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(c) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(d) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).
Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(e) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(f) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(g) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).
Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(h) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(i) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(j) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).
Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(k) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

Schedule 2 Section B: amended, on 6 June 1996, by clause 5(3)(l) of the Infectious and Notifiable Diseases Order 1996 (SR 1996/92).

236 Reprinted as at 1 August 2020 Health Act 1956 Schedule 2 Schedule 2 Section B: amended, on 6 June 1996, by clause 5(4) of the Infectious and Notifiable Dis- eases Order 1996 (SR 1996/92).
237 Reprinted as at 1 August 2020 s 2 Schedule 3 Health Act 1956 Schedule 3 Offensive trades Blood or offal treating Bone boiling or crushing Collection and storage of used bottles for sale Dag crushing Fellmongering Fish cleaning Fish curing Flax pulping Flock manufacturing, or teasing of textile materials for any purpose Gut scraping and treating Nightsoil collection and disposal Refuse collection and disposal Septic tank desludging and disposal of sludge Slaughtering of animals for any purpose other than human consumption Storage, drying, or preserving of bones, hides, hoofs, or skins Tallow melting Tanning Wood pulping Wool scouring Schedule 3: amended, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).
Schedule 3: amended, on 25 October 1960, by section 5(1) of the Health Amendment Act 1960 (1960 No 96).

Schedule 3: amended, on 1 June 1959, by clause 2 of the Offensive Trades Order 1959 (SR 1959/79).

Schedule 4 Chemical works [Repealed] Schedule 4: repealed, on 1 April 1974, by section 56(2) of the Clean Air Act 1972 (1972 No 31).
s 2 238 Reprinted as at 1 August 2020 Health Act 1956 Schedule 5 Schedule 5 Noxious or offensive gases [Repealed] Schedule 5: repealed, on 1 April 1974, by section 56(2) of the Clean Air Act 1972 (1972 No 31).

s 2 239 Schedule 6 Health Act 1956 Schedule 6 Enactments amended Counties Act 1956 (1956 No 64) Amendment(s) incorporated in the Act(s).

Municipal Corporation Act 1954 (1954 No 76) Amendment(s) incorporated in the Act(s).
Reprinted as at 1 August 2020 s 139 240 Reprinted as at 1 August 2020 Health Act 1956 Schedule 7 Schedule 7 Enactments repealed s 140(1) Cemeteries Act 1908 (1908 No 19) Amendment(s) incorporated in the Act(s).

Cemeteries Amendment Act 1950 (1950 No 42) Amendment(s) incorporated in the Act(s).

Fees and Travelling Allowances Act 1951 (1951 No 79) Amendment(s) incorporated in the Act(s).

Finance Act 1921 (1921 No 5) (1931 Reprint, Vol VI, p 1117) Amendment(s) incorporated in the Act(s).
Health Act 1920 (1920 No 45) (1931 Reprint, Vol VI, p 1061) Health Amendment Act 1940 (1940 No 17) Health Amendment Act 1947 (1947 No 52) Health Amendment Act 1951 (1951 No 44) Health Amendment Act 1954 (1954 No 55) Hospitals Act 1926 (1926 No 18) (1931 Reprint, Vol III, p 768) Amendment(s) incorporated in the Act(s).

Hospitals Amendment Act 1951 (1951 No 49) Amendment(s) incorporated in the Act(s).
Mental Health Act 1911 (1911 No 6) (1931 Reprint, Vol V, pp 762, 775) Amendment(s) incorporated in the Act(s).

Radioactive Substances Act 1949 (1949 No 42) Amendment(s) incorporated in the Act(s).

Social Hygiene Act 1917 (1917 No 24) (1931 Reprint, Vol VI, p 1125) Social Security Act 1938 (1938 No 7) (Reprinted 1948, Vol II, p 1299) Amendment(s) incorporated in the Act(s).

Statutes Amendment Act 1941 (1941 No 26) Amendment(s) incorporated in the Act(s).
241 Schedule 7 Health Act 1956 Reprinted as at 1 August 2020 Statutes Amendment Act 1943 (1943 No 20) Amendment(s) incorporated in the Act(s).

Statutes Amendment Act 1945 (1945 No 40) Amendment(s) incorporated in the Act(s).

Statutes Amendment Act 1949 (1949 No 51) Amendment(s) incorporated in the Act(s).
242 Reprinted as at 1 August 2020 Health Act 1956 Schedule 8 Schedule 8 Regulations and notices revoked s 140(2) Amended Declaration as to Notifiable Infectious Disease (Gazette Vol I 1931, p 388) Amended Declaration as to Notifiable Infectious Diseases (Gazette Vol II 1922, p 1611) Communicable Diseases Notice 1951 (SR 1951/282) Declaration as to Infectious Disease (Gazette Vol III 1933, p 3338) Declaration as to Infectious Disease (Gazette Vol III 1934, p 4178) Declaration as to Notifiable Diseases (Gazette Vol III 1924, p 2868) Declaration as to Notifiable Infectious Disease (Gazette Vol III 1924, p 2149) Declaration as to Notifiable Infectious Disease (Gazette Vol I 1926, p 868) Declaration as to Notifiable Infectious Disease (Gazette Vol I 1930, p 357) Declaration as to Notifiable Infectious Disease (Gazette Vol III 1933, p 3338) Declaration as to Notifiable Infectious Disease (Gazette Vol III 1934, p 4178) Declaration as to Notifiable Infectious Diseases (Gazette Vol I 1921, p 620) Declaring Carpet Beating to be an Offensive Trade Under the Heath Act 1920 (Gazette Vol I 1922, p 1066) Declaring Certain Trades to be Offensive Trades Under the Health Act 1920 (Gazette Vol III 1921, p 2851) Declaring Certain Trades to be Offensive Trades Under the Health Act 1920 (Gazette Vol III 1933, p 2720) Eclampsia Declared to be a Notifiable Disease (Gazette Vol I 1923, p 1061) Extension of Health Act 1920, Schedule 3 (Offensive Trades) (SR 1936/92) Impetigo Contagiosa Declared to be an Infectious Disease (Gazette Vol I
 1921, p 620) Infectious Diseases Notice 1954 (SR 1954/58) Infectious Diseases Notice 1955 (SR 1955/172) 243 Schedule 8 Health Act 1956 Reprinted as at 1 August 2020 Notifiable Diseases Notice 1953 (SR 1953/31) Notifiable Diseases Order 1944 (SR 1944/79) Notifiable Infectious Diseases Notice 1952 (SR 1952/113) Notifiable Infectious Diseases Notice 1956 (SR 1956/41) Offensive Trades Notice 1945 (SR 1945/16) Pediculosis Declared to be an Infectious Disease (Gazette Vol II 1922, p 1956) Regulations as to
 Appeals from Closing Orders under the Health Act 1920 (Gazette Vol I 1922, p 1206) Regulations under section 48 of the Health Act 1920 (Gazette Vol II 1921, p 2188) Revocation of Notifiable Infectious Diseases Notice (SR 1955/48) Sanitary Works Regulations 1936 (SR 1937/103) Sanitary Works Regulations 1938 (SR 1938/129) Sanitary Works Regulations 1941 (SR 1941/16) 244 Reprinted as at 1 August 2020 Health Act 1956 Health (National Cervical Screening Programme) Amendment Act 2004 Public Act 2004 No 3 Date of assent 7 March 2004 Commencement see section 2 1 (1) Title This Act is the Health (National Cervical Screening Programme) Amendment Act 2004.
(2) In this Act, the Health Act 1956 is called “the principal Act”.

Part 1 Preliminary provision 2 (1) (2) 6 (1) (2) Commencement This section, section 112C of the principal Act (as inserted by section 4 of this Act), and section 6, come into force on 1 July 2004.

The rest of this Act comes into force 12 months after the date on which this Act receives the Royal assent.
Part 2 Amendments to principal Act and transitional provisions Transitional provision To avoid doubt, and without limiting their rights and obligations under this Part, every person who, immediately before the commencement of this section, was employed by the Director-General under the State Sector Act 1988 to work in the NCSP continues to be employed under, and governed by, that Act.
The NCSP manager must take reasonable steps to ensure that information about the programme and the effect of this Act is made available to women who have results included on the NCSP register.

(3) Despite section 74A(5) of the principal Act, information on the NCSP register that identifies a woman may be disclosed for the purpose of enabling informa- tion to be provided to women under subsection (2).
(4) For the purposes of this section,— NCSP means the programme that, at the date of commencement of this section, is operated by the Ministry of Health and known as the National Cervical Screening Programme 245 Health Act 1956 Reprinted as at 1 August 2020 NCSP manager means— (a) (b) the person appointed under section 112C(3) as the NCSP manager; or, if no person has been appointed as the NCSP manager, the Director- General NCSP register means the register maintained under section 74A of the princi- pal Act.
Further transitional provision relating to enrolment in NCSP The NCSP register is the same register that was maintained under section 74A of the principal Act immediately before the commencement of this section.

Every woman who, immediately before the commencement of this section, had results included on the NCSP register is deemed to have been enrolled in the NCSP in accordance with section 112E.
To avoid doubt, subsection (2) applies to a woman who, before the commence- ment of this section, requested that 1 or more results that relate to her not be included on the NCSP register, but did not request that all results that relate to her be removed from that register.
If the NCSP manager knows that a woman, before the commencement of this section, requested that all results that relate to her be removed from the NCSP register, the NCSP manager must take reasonable steps to deal with all infor- mation held by the NCSP relating to that woman in accordance with section 112H as if that woman had cancelled her enrolment in the NCSP under section 112G(1).
7 (1) (2) (3) (4) 246 Reprinted as at 1 August 2020 Health Act 1956 Health (Drinking Water) Amendment Act 2007 Public Act 2007 No 92 Date of assent 17 October 2007 Commencement see section 2 1 Title This Act is the Health (Drinking Water) Amendment Act 2007.

2 (1) (2) Commencement Section 6 comes into force on 1 July 2013.

The rest of this Act comes into force on 1 July 2008.
Part 1 Amendments to principal Act 11 Existing drinking-water register continues Every person who is entered on the Ministry’s register of community drinking- water suppliers in New Zealand immediately before the commencement of this section is deemed to be registered as a drinking-water supplier under section 69K of the principal Act (as inserted by section 7 of this Act).
12 Existing register of recognised laboratories continues Every laboratory that is entered on the Ministry’s register of recognised labora- tories immediately before the commencement of this section is deemed to be registered as a recognised laboratory under section 69ZY(4) of the principal Act (as inserted by section 7 of this Act).
13 Existing register of accredited drinking-water assessors continues Every person or agency who is entered on the Ministry’s register of accredited drinking-water assessors immediately before the commencement of this section is deemed to be registered as an accredited drinking-water assessor under sec- tion 69ZX of the principal Act (as inserted by section 7 of this Act).
14 (1) Existing standards deemed to be issued The Drinking-water Standards for New Zealand 2005, published in September 2005 by the Ministry of Health (the 2005 Standards), are deemed to have been issued in accordance with Part 2A of the principal Act (as inserted by section 7 of this Act).
(2) However,— 247 Health Act 1956 Reprinted as at 1 August 2020 (a) (b) subject to subparagraph (b) any guidelines referred to and incorporated in those standards do not impose any obligation on any person to comply with those guidelines; but those parts of the standards identified as guideline values for aesthetic determinands for avoiding adverse aesthetic effects in drinking water must be taken into account when assessing whether the requirements of section 69W of the principal Act (as inserted by section 7 of this Act) have been complied with.
(3) Despite subsections (1) and (2), drinking-water suppliers may elect to comply with the Drinking-Water Standards for New Zealand 2000, published in 2000 (the 2000 Standards) for all or any part of the specified period (as defined in subsection (6)).
(4) A drinking water supplier may— (a) make an election under subsection (3) only in the period before section 69S begins to apply to that supplier; and (b) make an election by giving written notice of the election to the Director- General; and (c) at any time revoke an election made under subsection (3), in which case this Part continues to apply as if the election had not been made.
(5) During any period in which an election under subsection (3) applies,— (a) (b) subsection (2) applies in respect of the drinking-water supplier who made the election as if each reference to standards were a reference to the 2000 Standards: the other provisions of this Part apply as if the standards in force were the 2000 Standards.

In this section, specified period means a period beginning with the commence- ment of this section and ending on 31 December 2014.
Annual report to Parliament on implementation issues The Minister must, on or before 30 June in 2010, 2011, 2012, 2013, and 2014, report to Parliament on— (a) (b) (c) progress in implementing the provisions of the Health (Drinking Water) Amendment Act 2007; and any problems or issues arising out of the provisions of that Act, the drinking-water standards, and the implementation or enforcement of those provisions and standards; and any problems or issues associated with the funding of changes required by those provisions and standards (whether identified in local authority plans or assessments or otherwise).
(6) 15 (1) 248 Reprinted as at 1 August 2020 Health Act 1956 (2) For the purposes of enabling the Minister to carry out his or her functions under this section, the Minister must appoint an advisory committee whose members collectively— (a) (b) have expertise in technical aspects of drinking-water supply and sanitary safety; and are representative of the organisations, groups, or sectors of the economy with a particular interest in the operation of the law relating to the supply of drinking water.
249 Health Act 1956 Reprinted as at 1 August 2020 Human Tissue Act 2008 Public Act 2008 No 28 Date of assent 18 April 2008 Commencement see section 2 1 Title 2 (1) (2) (3) 94 (1) This Act is the Human Tissue Act 2008.

Commencement Sections 1, 2, and 89 come into force on the day after the date on which this Act receives the Royal assent.

Sections 87 and 88, and the heading above section 87, come into force as pro- vided by section 89.
The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council.

Section 2(3): Human Tissue Act 2008 (except sections 1, 2, 87, 88, 89, and the heading above section 87) brought into force, on 1 November 2008, by the Human Tissue Act 2008 Commencement Order 2008 (SR 2008/311).
Part 3 Technical and miscellaneous provisions Savings and transitional provisions Exemptions under section 92E(1) of Health Act 1956 This section applies to notices given under section 92E(1) of the Health Act 1956 if those notices were in force immediately before the repeal of Part 3A of that Act.

(2) On and after that repeal, those notices must be treated as if they were given under section 60 (exemptions), and may be revoked, varied, or added to, under that section accordingly.
95 (1) Entities appointed under Health Act 1956 to collect and distribute blood and controlled human substances This section applies to appointments under section 92H of the Health Act 1956 if those appointments were in force immediately before the repeal of Part 3A of that Act.
(2) On and after that repeal, those appointments must be treated as if they were made under section 63 (appointed entities to collect and distribute blood and controlled human substances), and may be revoked, varied, or added to, under that section accordingly.

250 Reprinted as at 1 August 2020 Reprints notes Health Act 1956 Notes 1 2 General This is a reprint of the Health Act 1956 that incorporates all the amendments to that Act as at the date of the last amendment to it.
Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint Education and Training Act 2020 (2020 No 38): section 668 Infectious and Notifiable Diseases Order (No 2) 2020 (LI 2020/31) Infectious and Notifiable Diseases Order 2020 (LI 2020/1) Health (Drinking Water) Amendment Act 2019 (2019 No 41) Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51): Part 1 subpart 6 Education Amendment Act 2018 (2018 No 40): section 24 Social Security Act 2018 (2018 No 32): section 459 Food Safety Law Reform Act 2018 (2018 No 3): section 254 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31): section 149 Land Transfer Act 2017 (2017 No 30): section 250 Fire and Emergency New Zealand Act 2017 (2017 No 17): section 197 District Court Act 2016 (2016 No 49): section 261 Health (Protection) Amendment Act 2016 (2016 No 35) Standards and Accreditation Act 2015 (2015 No 91): section 45 Infectious and Notifiable Diseases Order 2014 (LI 2014/293) Food Act 2014 (2014 No 32): section 447 Health Amendment Act 2013 (2013 No 119) Infectious and Notifiable Diseases Order 2013 (SR 2013/355) Sale and Supply of Alcohol Act 2012 (2012 No 120): section 417(1) Legislation Act 2012 (2012 No 119): section 77(3) Infectious and Notifiable Diseases Order 2012 (SR 2012/339) 251 Notes Health Act 1956 Reprinted as at 1 August 2020 Search and Surveillance Act 2012 (2012 No 24): section 330 Criminal Procedure Act 2011 (2011 No 81): section 413 Environmental Protection Authority Act 2011 (2011 No 14): section 53(1)
 Immigration Act 2009 (2009 No 51): section 406(1) Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176) Health (Non-Seasonal Influenza) Order 2009 (SR 2009/113) Policing Act 2008 (2008 No 72): section 116(a)(i), (ii) Infectious and Notifiable Disease (Invasive Pneumococcal Disease) Order 2008 (SR 2008/312) Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1) Human Tissue Act 2008 (2008 No 28): sections 92, 93(2) Health (Drinking Water) Amendment Act 2007
 (2007 No 92) Infectious and Notifiable Diseases Order 2007 (SR 2007/202) Health Amendment Act 2006 (2006 No 86) Coroners Act 2006 (2006 No 38): section 146 Health Amendment Act 2005 (2005 No 34) Relationships (Statutory References) Act 2005 (2005 No 3): section 7 Public Finance Amendment Act 2004 (2004 No 113): section 37(1) Care of Children Act 2004 (2004 No 90): section 151 Building Act 2004 (2004 No 72): section 414 Local Government Act 1974 Amendment Act 2004 (2004 No 64): section 21 Corrections Act 2004 (2004 No 50): section 206 Infectious and Notifiable Disease (Highly Pathogenic Avian Influenza) Order 2004 (SR 2004/8) Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3) Infectious and Notifiable Disease (SARS) Order 2003 (SR 2003/70) Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1) Local Government Act 2002 (2002 No 84): section 262 Civil Defence Emergency Management Act 2002 (2002 No 33): section 117 Sentencing Act 2002 (2002 No 9): section 186 Local Government (Rating) Act 2002 (2002 No 6): section 138(1) Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(1) New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94): section 8(1) Interpretation Act 1999 (1999 No 85): section 38(1) Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96): sec- tion
 11 Health Amendment Act 1998 (1998 No 86) Health and Disability Services Amendment Act 1998 (1998 No 74): section 5(4) Infectious and Notifiable Diseases Order 1996 (SR 1996/92) Hazardous Substances and New Organisms Act 1996 (1996 No 30): section 149 Medical Practitioners Act 1995 (1995 No 95): section 143(1) Health and Disability Services Amendment Act 1995 (1995 No 84): sections 3(3), 13 252 Reprinted as at 1 August 2020 Health Act 1956 Notes Ministry of Agriculture and Fisheries (Restructuring) Act 1995
 (1995 No 31): sections 4(1)(a), 6(1)(b) Health Amendment Act (No 3) 1994 (1994 No 137) Health Amendment Act (No 2) 1994 (1994 No 133) Health Amendment Act (No 3) 1993 (1993 No 71) Health Amendment Act (No 2) 1993 (1993 No 32) Health Amendment Act 1993 (1993 No 24) Health and Safety in Employment Act 1992 (1992 No 96): section 62(1) Building Act 1991 (1991 No 150): section 92(1) Civil Aviation Act 1990 (1990 No 98): section 101(1) Regulations (Disallowance) Act 1989 (1989 No 143): section 11 Sale of Liquor Act 1989 (1989 No 63): section 230(2) Public Finance Act 1989 (1989 No 44): section 65R(3) Health Amendment Act 1988 (1988 No 99) Health Amendment Act (No 2) 1987 (1987 No 194) Health Amendment Act 1987 (1987 No 10) Health Amendment Act 1982 (1982 No 34) Clean Air Amendment Act 1982 (1982 No 31): section 27 Summary Offences Act 1981 (1981 No 113): section 51(3) Public Works Act 1981 (1981 No 35): section 248(1) District Courts Amendment Act 1979 (1979 No 125): section 18(2) Judicature Amendment Act 1979 (1979 No 124): section 12 Health Amendment Act 1979 (1979 No 64) Local Government Amendment Act 1979 (1979 No 59): sections 8(3), 9(1) Health Amendment Act 1978 (1978 No 96) Health Amendment Act 1976 (1976 No 91) Plumbers, Gasfitters, and Drainlayers Act 1976 (1976 No 69): section 68(2) Health Amendment Act 1973 (1973 No 111) Health Amendment Act 1972 (1972 No 65) Clean Air Act 1972 (1972 No 31): section 56(1), (2) Health Amendment Act 1971 (1971 No 100) Mental Health Act
 1969 (1969 No 16): section 129(1) Health Amendment Act 1967 (1967 No 78) Health Amendment Act 1964 (1964 No 34) Health Amendment Act 1962 (1962 No 76) Health Amendment Act 1960 (1960 No 96) Offensive Trades Order 1959 (SR 1959/79): clause 2 Health Act 1956 (1956 No 65): section 22J Wellington, New Zealand: Published under the authority of the New Zealand Government—2020 253