Health Act 1956

1: Short Title and commencement
1: This Act may be cited as the Health Act 1956.
2: Except as provided in section 113
2: Interpretation
1: In this Act, unless the context otherwise requires,— aerodrome Civil Aviation Act 1990 aircraft Civil Aviation Act 1990 animal carrier cleansing communicable disease ( see contact craft
a: by air; or
b: on or under water Director-General Public Service Act 2020 drinking water standards section 47 dwellinghouse educational institution
a: means any place where people gather for the purpose of education or training; and
b: includes an early childhood education and care centre within the meaning of section 10(1) environmental health officer section 28 epidemic management notice section 8(1) epidemic notice section 5(1) Health New Zealand section 4 health practitioner section 5(1) health protection officer health provider hospital section 58(4) infectious disease Part 1 Part 2 local authority Local Government Act 2002 Māori Health Authority section 4 medical examination Part 3A
a: the taking of a sample of tissue, blood, urine, or other bodily material for medical testing; and
b: any diagnostic tests required to detect the presence of, or immunity to, an infectious disease in a person medical examination order section 92ZH medical officer of health Part 4 medical practitioner section 114(1)﻿(a) Minister Ministry of Health public service Ministry notifiable disease Schedule 2 notifiable infectious disease Part 1 offensive trade Schedule 3 owner Land Transfer Act 2017 passenger personal health section 4 personal health services section 4 potable water
a: is safe to drink; and
b: complies with the drinking water standards premises prescribed public health section 4 public health order section 92Z public health risk Part 3A sections 74 74AA
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 section 4 quarantinable disease Part 3 ship smoke
2: 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.
3: The Governor-General may, by Order in Council, amend Part 3 ( see
4: 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.
5: The following are secondary legislation ( see Part 3
a: an order under the definition of communicable disease in subsection (1):
b: an order under subsection (3). 1920 No 45 s 2; 1940 No 17 ss 4, 9, 11(1), 16, 18; SR 1951/282 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) aerodrome amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) Board repealed 1 October 1988 section 4(3) Health Amendment Act 1988 Section 2(1) chemical works repealed 1 April 1974 Clean Air Act 1972 Section 2(1) communicable disease amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) communicable disease amended 4 January 2017 section 4(1) Health (Protection) Amendment Act 2016 Section 2(1) contact amended 4 January 2017 section 4(2) Health (Protection) Amendment Act 2016 Section 2(1) craft inserted 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) Director-General replaced 1 July 1993 section 2(1) Health Amendment Act 1993 Section 2(1) Director-General amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) district health board repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) drinking water standards inserted 15 November 2021 section 206(1) Water Services Act 2021 Section 2(1) educational institution inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) educational institution amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) environmental health officer replaced 1 July 1993 section 2(2) Health Amendment Act 1993 Section 2(1) epidemic management notice inserted 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) epidemic notice inserted 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) health practitioner inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) health protection officer replaced 1 July 1993 section 2(3) Health Amendment Act 1993 Section 2(1) health provider inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) hospital replaced 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 2(1) inspector repealed 26 July 1988 section 2(3) Health Amendment Act 1988 Section 2(1) inspector of health repealed 26 July 1988 section 2(3) Health Amendment Act 1988 Section 2(1) local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Māori Health Authority inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) medical examination inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) medical examination order inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) medical officer of health amended 1 July 1993 section 2(6) Health Amendment Act 1993 Section 2(1) medical officer of health amended 26 November 1982 Health Amendment Act 1982 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Ministry of Health inserted 1 July 1993 section 2(7) Health Amendment Act 1993 Section 2(1) Ministry of Health amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) noxious or offensive gas repealed 1 April 1974 Clean Air Act 1972 Section 2(1) owner amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) passenger inserted 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) personal health replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) personal health services replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) port health officer repealed 26 November 1982 Health Amendment Act 1982 Section 2(1) potable water inserted 15 November 2021 section 206(1) Water Services Act 2021 Section 2(1) premises replaced 4 January 2017 section 4(3) Health (Protection) Amendment Act 2016 Section 2(1) public health replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) public health order inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) public health risk inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) public health services replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) quarantinable disease replaced 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) venereal disease repealed 4 January 2017 section 4(5) Health (Protection) Amendment Act 2016 Section 2(3) inserted 19 December 2006 section 4(2) Health Amendment Act 2006 Section 2(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(4) inserted 4 January 2017 section 4(6) Health (Protection) Amendment Act 2016 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 13 December 2021 section 4 Health (Fluoridation of Drinking Water) Amendment Act 2021
3: Power of Governor-General in Council to amend Schedules
1: The Governor-General may from time to time, by Order in Council,—
a: add to or omit from any of the lists of notifiable infectious diseases, infectious diseases, and notifiable diseases set out in Schedules 1 2
b: add to or omit from the list of offensive trades set out in Schedule 3 or otherwise amend any such list, and every such Order in Council shall have effect according to its tenor.
2: An order under this section is secondary legislation ( see Part 3 1920 No 45 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(1)﻿(b) amended 13 December 2021 section 7 Health (Fluoridation of Drinking Water) Amendment Act 2021 Section 3(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Administration
Ministry Heading: amended 1 July 1993 section 38(3) Health Amendment Act 1993
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 22 January 1996 section 13 Health and Disability Services Amendment Act 1995
3B: Director of Public Health
1: There shall be a Director of Public Health, who shall be appointed under the Public Service Act 2020
2: The Director of Public Health shall have the function of advising the Director-General on matters relating to public health, including—
a: personal health matters relating to public health; and
b: regulatory matters relating to public health.
3: Nothing in this section—
a: limits any other enactment or rule of law.
b: Section 3B inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 Section 3B(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 3B(3)﻿(b) repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
3C: Director-General to produce annual report on current state of public health
1: Without limiting section 43
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 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 Section 3C(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
3D: Director of Public Health may provide advice or reports to Minister
1: Without limiting section 3B
a: advise the Minister on any matter relating to public health:
b: 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 management of the activities of the Director of Public Health. Section 3D inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995
3E: Public Health
Agency
1: There shall be a division of the Ministry called the Public Health Agency
2: The Public Health Agency
3: The functions of the Public Health Agency are—
a: to provide systems leadership across the public health sector; and
b: to advise the Director-General on matters relating to public health, including—
i: personal health matters relating to public health; and
ii: regulatory and strategic matters relating to public health.
4: Nothing in this section—
a: limits any other enactment or rule of law; or
b: limits the functions of the Ministry or of any other person or body. Section 3E inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 Section 3E heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3E(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3E(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3E(3) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
3F: Public Health
Agency In order to ensure that the views of the public, persons involved in the provision of personal health services and public health services Agency’s section 3E(3) Agency personal health services and public health services Section 3F inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 Section 3F heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3F amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3F amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000
4: Department of Health
Section 4 repealed 1 July 1993 section 3(1)﻿(a) Health Amendment Act 1993
5: Director-General of Health
Section 5 repealed 1 July 1993 section 3(1)﻿(b) Health Amendment Act 1993
5A: Deputy Directors-General and Assistant Directors-General of Health
Section 5A repealed 1 July 1993 section 3(1)﻿(b) Health Amendment Act 1993
5B: Delegation of powers by Director-General
Section 5B repealed 1 July 1993 section 3(1)﻿(c) Health Amendment Act 1993
6: Other officers and employees
Section 6 repealed 1 July 1993 section 3(1)﻿(d) Health Amendment Act 1993
6A: Part-time deputy medical officers of health
Section 6A repealed 1 July 1993 section 3(1)﻿(e) Health Amendment Act 1993
7: Principal functions of Department
Section 7 repealed 1 July 1993 section 3(1)﻿(f) Health Amendment Act 1993
7A: Medical officers of health and other officers
1: 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.
2: Each such person designated as a medical officer of health shall be a medical practitioner suitably qualified and experienced in public health medicine.
3: 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.
4: 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 appropriate; 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.
9: To avoid doubt, the Director-General may revoke a designation of a person as a medical officer of health or health or protection officer under this section.
10: The Director-General must consult the Director of Public Health before revoking a designation of a medical officer of health. Section 7A inserted 1 July 1993 section 4 Health Amendment Act 1993 Section 7A(2) replaced 1 July 1996 Medical Practitioners Act 1995 Section 7A(8) inserted 4 January 2017 section 5 Health (Protection) Amendment Act 2016 Section 7A(9) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 7A(10) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
8: Conservation of public health in areas outside jurisdiction of local authorities
1: The improvement, promotion, and protection of Ministry
2: The powers of the Ministry Ministry
3: The Governor-General may by Order in Council make regulations for the purpose 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 Ministry occupier
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
6: Regulations under this section are secondary legislation ( see Part 3 1940 No 17 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(1) amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 8(1) amended 1 July 1993 section 5 Health Amendment Act 1993 Section 8(2) amended 1 July 1993 section 5 Health Amendment Act 1993 Section 8(4) amended 1 July 1993 section 5 Health Amendment Act 1993 Section 8(5) amended 1 July 1993 section 5 Health Amendment Act 1993 Section 8(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Delegation of powers by Minister
Section 9 repealed 1 July 1993 section 6(1)﻿(a) Health Amendment Act 1993
9A: Advisory committees and subcommittees
Section 9A repealed 1 July 1993 section 6(1)﻿(b) Health Amendment Act 1993
10: Annual report
Section 10 repealed 1 July 1993 section 6(1)﻿(c) Health Amendment Act 1993 Board of Health Heading repealed 1 October 1988 section 4(2) Health Amendment Act 1988
11: Board of Health
Section 11 repealed 1 October 1988 section 4(2) Health Amendment Act 1988
11A: Chairman and deputy chairman
Section 11A repealed 1 October 1988 section 4(2) Health Amendment Act 1988
12: Remuneration and travelling allowances
Section 12 repealed 1 October 1988 section 4(2) Health Amendment Act 1988
13: Meetings and procedure of Board
Section 13 repealed 1 October 1988 section 4(2) Health Amendment Act 1988
14: Seal of Board
Section 14 repealed 1 October 1988 section 4(2) Health Amendment Act 1988
15: Secretary to Board
Section 15 repealed 1 October 1988 section 4(2) Health Amendment Act 1988
16: Functions of Board
Section 16 repealed 1 October 1988 section 4(2) Health Amendment Act 1988
17: Board may be appointed as a commission of inquiry
Section 17 repealed 1 October 1988 section 4(2) Health Amendment Act 1988
18: Committees of Board
Section 18 repealed 1 October 1988 section 4(2) Health Amendment Act 1988
18A: Ad hoc subcommittees
Section 18A repealed 1 October 1988 section 4(2) Health Amendment Act 1988 Health districts
19: Health districts
1: For the purposes of this Act, the Director-General may from time to time, by notice in the Gazette
2: The boundaries of every health district shall be fixed by reference to the boundaries of the territorial authority districts comprised therein, and shall vary with any alteration in such last-mentioned boundaries.
3: In no case shall part only of any territorial authority district be included within the boundaries of a health district. Section 19 replaced 1 July 1993 section 7(1) Health Amendment Act 1993
20: Medical officer of health for every health district
Section 20 repealed 1 July 1993 section 8(1) Health Amendment Act 1993
21: Evidence of authority of medical officer or
health protection officer The fact that any medical officer of health or any health protection officer 1920 No 45 s 18 Section 21 heading amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 21 amended 26 July 1988 section 2(5) Health Amendment Act 1988
22: Certain officers to have functions of medical officers of health
1: 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.
2: Every person who holds the office of Director-General of Health and is not a medical practitioner suitably experienced and qualified in public health medicine shall designate a medical practitioner or medical practitioners who is or are employed in the Ministry and who is or are suitably experienced and qualified in public health medicine to exercise the functions of a medical officer of health in any part of New Zealand.
3: A person who holds office as Director of Public Health has the functions of a medical officer of health and may exercise them in any part of New Zealand if they are a medical practitioner specialising in public health. Section 22 replaced 1 July 1996 Medical Practitioners Act 1995 Section 22(3) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
22A: Powers of departmental officers under Factories and Commercial Premises Act 1981
Section 22A repealed 1 April 1993 section 62(1) Health and Safety in Employment Act 1992 Personal information Heading inserted 26 July 1988 section 6 Health Amendment Act 1988
22B: Interpretation
In this section and sections 22C to 22H agency section 7(1) document section 2 Health Benefits Limited section 2(1) health information
a: information about the health of that individual, including that individual's medical history:
b: information about any disabilities that individual has, or has had:
c: information about any services
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
i: derived from the testing or examination of any body part, or any bodily substance, donated by an individual; or
ii: otherwise relating to any part or substance so donated, or relating to the donor and relevant (whether directly or indirectly) to the donation individual representative
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 section 4 Section 22B replaced 1 July 1993 Health Amendment Act (No 2) 1993 Section 22B amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B agency amended 1 December 2020 section 217 Privacy Act 2020 Section 22B Crown health enterprise repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22B disability services repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B funder repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B Health Benefits Limited inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B Health Funding Authority repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B health information amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B health services repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B hospital and health service repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B Public Health Commission repealed 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 22B purchaser repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22B regional health authority repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22B services inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B services amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
22C: Disclosure of health information
1: Any person (being an agency that provides services or arranges the provision of services
a: if that information—
i: is required by any person specified in subsection (2); and
ii: 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 subsection in relation to the person so specified; or
b: if that disclosure is permitted—
i: by or under a code of practice issued under section 32
ii: if no such code of practice applies in relation to the information, by any of the information privacy principles set out in section 22
2: The persons and purposes referred to in subsection (1)﻿(a) are as follows:
a: any medical officer of a prison within the meaning of the Corrections Act 2004
b: any probation officer within the meaning of the Corrections Act 2004 any enactment
c: a Social Worker or a Care and Protection Co-ordinator within the meaning of the Oranga Tamariki Act 1989
d: 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 206 207
e: any member of the New Zealand Defence Force, for the purposes of administering the Armed Forces Discipline Act 1971 Defence Act 1990
f: any constable
g: any employee of the Ministry of Health, for the purposes of—
i: administering this Act
ii: compiling statistics for health purposes:
h: 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 Animal Products Act 1999
i: any employee of the New Zealand Transport Agency
j: an employee of Health New Zealand, for the purposes of exercising or performing any of that entity’s powers, duties, or functions under the Pae Ora (Healthy Futures) Act 2022
k: an employee of the Māori Health Authority, for the purposes of exercising or performing any of that entity’s powers, duties, or functions under the Pae Ora (Healthy Futures) Act 2022
l: an employee of the New Zealand Blood and Organ Service, for the purposes of exercising or performing any of that entity’s powers, duties, or functions under the Pae Ora (Healthy Futures) Act 2022
3: For the purposes of information privacy principle 11(1)﻿(c) set out in section 22
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 Section 22C replaced 1 July 1993 Health Amendment Act (No 2) 1993 Section 22C(1) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22C(1)﻿(b)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 22C(1)﻿(b)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020 Section 22C(2)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 22C(2)﻿(b) amended 1 June 2005 section 206 Corrections Act 2004 Section 22C(2)﻿(b) amended 30 June 2002 section 186 Sentencing Act 2002 Section 22C(2)﻿(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 22C(2)﻿(d) amended 26 November 2018 section 459 Social Security Act 2018 Section 22C(2)﻿(d) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 22C(2)﻿(f) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 22C(2)﻿(g)﻿(i) amended 13 December 2021 section 8 Health (Fluoridation of Drinking Water) Amendment Act 2021 Section 22C(2)﻿(h) replaced 1 November 1999 section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 Section 22C(2)﻿(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 22C(2)﻿(j) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22C(2)﻿(k) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22C(2)﻿(l) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22C(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 22C(4) inserted 4 January 2017 section 6 Health (Protection) Amendment Act 2016
22D: Duty to provide health information
1: The Minister may at any time, by notice in writing, require Health New Zealand or the Māori Health Authority services
2: Subject to subsection (3), it is the duty of Health New Zealand or the Māori Health Authority
3: No information that would enable the identification of an individual may be provided under this section unless—
a: the individual consents to the provision of such information; or
b: 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 1 July 1993 Health Amendment Act (No 2) 1993 Section 22D(1) replaced 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22D(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22D(1) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22D(2) replaced 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22D(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
22E: Duty to provide information for purposes of blood collection
The Minister may, at any time, by notice in writing, require Health New Zealand or the Māori Health Authority section 63 paragraph (d) or paragraph (e) of the definition of that term in section 22B Section 22E replaced 4 July 1998 section 2 Health Amendment Act 1998 Section 22E amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22E amended 1 November 2008 section 92 Human Tissue Act 2008
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
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 32
3: For the purposes of subsection (2)﻿(a), neither—
a: the fact that any payment due to the holder of any information or to any other person has not been made; nor
b: the need to avoid prejudice to the commercial position of the holder of any information or of any other person; nor
c: the fact that disclosure is not permitted under any of the information privacy principles set out in section 22 shall constitute a lawful excuse for not disclosing information under this section.
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 5
5: Nothing in subsection (4) limits any other remedy that is available to any person who is aggrieved by any refusal to disclose information under this section. Section 22F replaced 1 July 1993 Health Amendment Act (No 2) 1993 Section 22F(1) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22F(2)﻿(c) amended 1 December 2020 section 217 Privacy Act 2020 Section 22F(3)﻿(c) amended 1 December 2020 section 217 Privacy Act 2020 Section 22F(4) amended 1 December 2020 section 217 Privacy Act 2020
22G: Inspection of records
1: In this section, provider
a: a department of the Crown that funds services within the meaning of section 4
b: a district health board:
c: the Health Funding Authority or a person authorised by the Health Funding Authority to make payments:
d: a regional health authority or a person authorised by a regional health authority to make payments:
e: a hospital and health service:
f: a Crown health enterprise:
g: an area health board:
h: a hospital board:
i: the Department of Health:
j: Health New Zealand:
k: Māori Health Authority.
2: Every provider must, forthwith after a request by the Director-General or the chief executive of Health New Zealand or the Māori Health Authority
a: by a person authorised in writing by the Director-General or the chief executive of Health New Zealand or the Māori Health Authority
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 1 July 1993 Health Amendment Act (No 2) 1993 Section 22G(1) replaced 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22G(1)﻿(a) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(1)﻿(j) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(1)﻿(k) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(2) replaced 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22G(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(2)﻿(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(3) inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000
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. Section 22H inserted 1 July 1993 Health Amendment Act (No 2) 1993
22I: Offence to fail to retain health information
Section 22I repealed 1 January 1997 section 22J
22J: Expiry of section 22I
Section 22I
a: 31 December 1996; or
b: such earlier date as may be appointed by the Governor-General by Order in Council,— whichever is the earlier, and on—
c: 1 January 1997; or
d: the day after any date appointed pursuant to paragraph (b),— whichever is the earlier, section 22I Section 22J replaced 9 December 1994 Health Amendment Act (No 2) 1994
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
a: to appoint all such environmental health officers
b: 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:
c: 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 condition:
d: subject to the direction
e: 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
f: to furnish from time to time to the medical officer of health such reports as to diseases 1920 No 45 s 20 Section 23 amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 23(a) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 23(d) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 23(e) amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 23(f) replaced 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 23(f) amended 15 November 2021 section 206(1) Water Services Act 2021
24: Governor-General may exempt certain local authorities
Section 24 repealed 1 July 2003 section 262 Local Government Act 2002 Sanitary works
25: Local authority to provide sanitary works
1: For the purposes of this section, the term sanitary works
a: drainage works, sewerage works, and works for the disposal of sewage;
b: waterworks;
c: works for the collection and disposal of refuse, nightsoil, and other offensive matter;
d: sanitary conveniences for the use of the public;
e: swimming baths;
f: dressing sheds;
g:
h: cemeteries;
i: crematoria;
j: disinfecting and cleansing stations established under this Act; and
k: any other works declared by the Governor-General by Order in Council to be sanitary works ( see and includes all lands, buildings, machinery, reservoirs, dams, tanks, pipes, and appliances used in connection with any such sanitary works.
2: The Minister may, by notice in the Gazette Minister Director-General Director-General
3: Any 2 or more local authorities may with the Director-General's Director-General
4: Every requisition issued under this section shall be in writing
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: a requisition shall not, without the consent of the local authority to which it was issued, be modified or withdrawn after the Director-General
b: 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 specified in the requisition submit to the Director-General
7: The Director-General
8: If the local authority fails to submit proposals within the time specified in the requisition, or if the Director-General Director-General himself or herself Director-General
9: Before making or modifying any proposals the Director-General Director-General's
10: Any expenses actually incurred by the Director-General Director-General Director-General
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 relating 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.
14: An order under subsection (1)﻿(k) is secondary legislation ( see Part 3 1920 No 45 s 22; SR 1937/103; SR 1938/129; SR 1941/16; 1951 No 44 s 4 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25(1)﻿(g) repealed 23 November 1973 Health Amendment Act 1973 Section 25(1)﻿(k) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(2) amended 23 March 1987 section 7(1) Health Amendment Act 1987 Section 25(2) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(3) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(4) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(5)﻿(a) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(5)﻿(b) amended 7 July 2004 section 21 Local Government Act 1974 Amendment Act 2004 Section 25(6) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(7) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(8) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(9) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(10) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(11) replaced 1 July 1993 section 12 Health Amendment Act 1993 Section 25(14) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Appeal against requisition or determination of Board of Health
Section 26 repealed 23 March 1987 section 7(3) Health Amendment Act 1987
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. 1920 No 45 s 24; 1951 No 44 s 6 Section 27(1) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 27(2) replaced 1 July 2003 section 262 Local Government Act 2002
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 investigation, 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 Section 27A replaced 23 March 1987 section 11(1) Health Amendment Act 1987 Appointment of environmental health officers Heading amended 26 July 1988 section 2(4) Health Amendment Act 1988
28: Appointment of environmental health officers by local authorities
1: For the purposes of this Part, every local authority shall, subject to the provisions 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 Minister 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: 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.
3: 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 determination 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 person shall be appointed by any local authority as an environmental health officer who is not qualified for appointment as such in accordance with those regulations.
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 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
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
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 agreement has been given to the Director-General by the local authority. Section 28 replaced 1 July 1993 section 13(1) Health Amendment Act 1993 Section 28(6) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 28(7) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Nuisances
29: Nuisances defined for purposes of this Act
Without limiting the meaning of the term nuisance
a: where any pool, ditch, gutter, watercourse, sanitary convenience, cesspool, drain, or vent pipe is in such a state or is so situated as to be offensive 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 vermin:
d: where any premises are so situated, or
e:
f: 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: 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:
j: 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
l: where any trade, business, manufacture, or other undertaking is so carried on as to be unnecessarily offensive or likely to be injurious to health:
m: where any chimney, including the funnel of any ship and or Act of Parliament
n: where the burning of any waste material, rubbish, or refuse in connection with any trade, business, manufacture, or other undertaking produces 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:
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. 1920 No 45 s 26; 1940 No 17 s 18; 1943 No 20 s 15 Section 29(d) amended 1 July 1992 Building Act 1991 Section 29(e) repealed 1 July 1992 Building Act 1991 Section 29(ka) inserted 20 October 1978 Health Amendment Act 1978 Section 29(ka) amended 23 July 1993 Health Amendment Act (No 3) 1993 Section 29(m) amended 1 January 1983 Clean Air Amendment Act 1982 Section 29(m) amended 1 January 1983 Clean Air Amendment Act 1982
30: Penalties for permitting or causing nuisances
1: Every person by whose act, default, or sufferance a nuisance arises or continues, 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). 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. 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 employee 1920 No 45 s 29 Section 32 amended 1 July 1993 section 14 Health Amendment Act 1993
33: Proceedings in respect of nuisances
1: All proceedings under this Act in respect of nuisances shall be heard and determined by the District Court presided District Court Judge
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: require the owner and the occupier to abate the nuisance effectively:
b: prohibit the recurrence of the nuisance:
c: both require the abatement and prohibit the recurrence of the nuisance:
d: 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 satisfaction 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: 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.
6: 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.
7: 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 authority or the medical officer of health thinks fit. All money arising therefrom shall 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 1920 No 45 s 30 Section 33(1) amended 1 March 2017 section 261 District Court Act 2016 Section 33(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(10) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
34: Power to abate nuisance without notice
1: Where by reason of the existence of a nuisance on any premises within the district of any local authority immediate action for the abatement of the nuisance is necessary in the opinion of the engineer or environmental health officer environmental health officer
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. 1920 No 45 s 31 Section 34(1) amended 26 July 1988 section 2(4) Health Amendment Act 1988
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 district, 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. 1920 No 45 s 32 Refuse and sanitary services Heading repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979
36: Local authorities to make provision for removal of refuse, etc
Section 36 repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979
37: Further provisions as to removal of refuse, etc
Section 37 repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979
38: Right of local authority to use portion of reserve for depot
Section 38 repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Buildings
39: Requirements of dwellinghouses as to supply of water and sanitary conveniences
1: 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
a: an adequate and convenient supply of water that is potable (as defined in section 69G
b: suitable appliances for the disposal of refuse water in a sanitary manner:
c: sufficient sanitary conveniences available for the inmates of the dwelling.
2: Every person commits an offence and is liable on conviction $500
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 fine not exceeding $50 1920 No 45 s 36; 1945 No 40 s 32 Section 39(1) amended 31 March 2005 section 414 Building Act 2004 Section 39(1) amended 1 July 1992 Building Act 1991 Section 39(1)﻿(a) amended 1 July 2008 section 5 Health (Drinking Water) Amendment Act 2007 Section 39(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 39(2) amended 30 November 1979 Health Amendment Act 1979 Section 39(3) amended 30 November 1979 Health Amendment Act 1979
40: Sanitary requirements for business premises
Section 40 repealed 1 July 1992 Building Act 1991
41: Owners or occupiers may be required to cleanse premises
1: If any local authority is of opinion that the cleansing of any premises is necessary for preventing danger to health or for rendering the premises fit for occupation, it may cause an order (in this section referred to as a cleansing order
2: 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 specified in the order at the cost in all things of the owner or occupier.
3: Every person commits an offence against this Act who fails to comply with any cleansing order served on him under this section. 1920 No 45 s 39
42: Local authority may require repairs and issue closing order
1: 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: that any dwellinghouse within that district is, by reason of its situation or
c:
d:
e: that any dwellinghouse within that district does not comply with any regulations made under section 120C
2: In any case to which this section applies, the local authority may, and shall if so required by the Director-General repair notice an offence is committed and
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 closing order
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 closing 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). 1920 No 45 s 40; 1940 No 17 s 6; 1949 No 51 s 23 Section 42(1)﻿(a) repealed 1 July 1992 Building Act 1991 Section 42(1)﻿(b) amended 1 July 1992 Building Act 1991 Section 42(1)﻿(c) repealed 1 July 1992 Building Act 1991 Section 42(1)﻿(d) repealed 1 July 1992 Building Act 1991 Section 42(1)﻿(e) inserted 30 November 1979 Health Amendment Act 1979 Section 42(2) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 42(2) amended 23 March 1987 section 12(1) Health Amendment Act 1987 Section 42(3) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 42(6) inserted 23 March 1987 section 12(2) Health Amendment Act 1987
43: Appeal against closing order
1: 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 mortgage or other encumbrance, may appeal against the closing order by applying to the District Court
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 1920 No 45 ss 41, 42, 43 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4) amended 1 March 2017 section 261 District Court Act 2016
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
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 the Crown or may be deducted from any money payable by the Crown to the local authority. 1920 No 45 s 45 Section 44(2) replaced 1 July 1993 section 15 Health Amendment Act 1993
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 medical officer of health to cancel a closing order under this section may appeal against that refusal or failure by applying to the District Court
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. 1920 No 45 s 46 Section 45(2) amended 1 March 2017 section 261 District Court Act 2016
46: Closing order for premises owned by local authority
1: 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 officer of health gives to the Director-General a certificate to the effect of any of the provisions of paragraphs (a) , (b), and (e) section 42 Section 46(2) amended 1 July 1992 Building Act 1991 Section 46(2) amended 23 March 1987 section 7(2) Health Amendment Act 1987
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: inhabits or occupies the premises or any part thereof; or
b: permits or suffers any other person to inhabit or occupy the premises or any part thereof. 1920 No 45 s 44
48: Local authority may require demolition
Section 48 repealed 1 July 1992 Building Act 1991
49: District Court may make demolition order
Section 49 repealed 1 July 1992 Building Act 1991
50: Issue of requisition by medical officer of health
Section 50 repealed 1 July 1992 Building Act 1991
51: Enforcement of demolition order
Section 51 repealed 1 July 1992 Building Act 1991
52: Offences in respect of requisition or demolition order
Section 52 repealed 1 July 1992 Building Act 1991
53: Restriction on use of materials for building
Section 53 repealed 1 July 1993 section 16 Health Amendment Act 1993
53A: Mortgagee may do acts required of owner
1: Where, by or under any of sections 41 42 44 46
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 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.
4: 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).
5: In this section the term mortgagee Deeds Registration Act 1908 Land Transfer Act 2017 Registrar-General of Land subpart 5 Section 53A inserted 30 November 1979 Health Amendment Act 1979 Section 53A(1) amended 1 July 1992 Building Act 1991 Section 53A(5) amended 12 November 2018 section 250 Land Transfer Act 2017
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
a: carry out such
b: 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 dwellinghouse or other premises were erected:
c: pay or apply any capital money subject to the same trust for or towards any such purpose:
d: raise any money required for or towards any such purpose by obtaining an advance from the local authority Section 53B inserted 30 November 1979 Health Amendment Act 1979 Section 53B amended 1 July 1992 Building Act 1991 Section 53B(a) amended 1 July 1992 Building Act 1991 Section 53B(d) amended 1 July 2003 section 262 Local Government Act 2002
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 46 Section 53C replaced 1 July 2003 section 262 Local Government Act 2002 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 purposes 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 offensive trade is to be carried on are or will be situated within 8 kilometres section 55 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.
6: 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 $1,000 $100
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 1920 No 45 ss 54, 55(1), (2), 56; 1940 No 17 s 7 Section 54(2) amended 14 November 2018 section 72 Tribunals Powers and Procedures Legislation Act 2018 Section 54(2) amended 23 November 1973 Health Amendment Act 1973 Section 54(5) proviso: repealed 1 April 1974 Health Amendment Act 1973 Section 54(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(6) amended 30 November 1979 Health Amendment Act 1979 Section 54(7) replaced 23 July 1993 Health Amendment Act (No 3) 1993
55: Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade
1: This section applies if—
a: consent to establish, or to erect or extend premises for, an offensive trade under section 54(1)
b: 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 14 November 2018 section 73 Tribunals Powers and Procedures Legislation Act 2018
56: Local authority to notify medical officer of health of registered chemical works
Section 56 repealed 1 April 1974 Clean Air Act 1972 Animals
57: Local authority may restrict keeping of animals
Section 57 repealed 23 March 1987 section 13 Health Amendment Act 1987
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: the medical officer of health certifies that the premises are maintained in an insanitary condition; and
b: the owner or occupier of the premises, after the certificate is given, fails to comply with a requisition from the local authority requiring the carrying out of such sanitary improvements as the medical officer of health deems necessary.
4: 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 $1,000 $100
5: For the purposes of this section, the expression stock saleyard 1920 No 45 ss 58, 59, 60 Section 58(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(4) amended 30 November 1979 Health Amendment Act 1979
59: Appeal against decision refusing consent for stock saleyard or refusing registration of premises for stock saleyard
1: This section applies if—
a: consent to establish or extend a stock saleyard under section 58(1)
b: registration or renewal of registration of premises for a stock saleyard under section 58(3)
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 14 November 2018 section 74 Tribunals Powers and Procedures Legislation Act 2018 Pollution of watercourses, etc Heading repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007
60: Pollution of water supply
Section 60 repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007
61: Control of watercourses, etc
Section 61 repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007
62: Supply of water from polluted source
Section 62 repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007
63: Powers of Director-General as to polluted water supply
Section 63 repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007 Bylaws
64: Bylaws
1: 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
b: 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:
c: 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:
d: prescribing for buildings a minimum frontage to a public or private street or road:
e:
f:
g: regulating drainage and the collection and disposal of sewage, and prescribing conditions to be observed in the construction of approved drains
h: with respect to the cleansing
i: regulating the situation
j: regulating the situation
k:
l:
m: regulating, licensing, or prohibiting the keeping of any animals in the district or in any part thereof:
n:
o: regulating the handling and storage of noxious substances, or of goods which are or are likely to become offensive:
p: regulating the situation
q: regulating the conduct of offensive trades,
r: 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 places 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 disinfection to be effectively undertaken:
s: regulating and prescribing the cleansing and renovation of public conveyances:
t: prescribing the sanitary precautions to be adopted in respect of any business or trade:
u: for preventing the outbreak or spread of disease by the agency of flies, mosquitoes, or other insects, or of rats, mice, or other vermin:
v: for the protection from pollution of food intended for human consumption and of any water supply:
w: regulating the sending forth of smoke from the funnels of ships, and from chimneys other than the chimneys of private dwellinghouses:
x: providing for the inspection of any land or premises for the purposes of this Act:
y: 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. 1920 No 45 s 67 Section 64(1)﻿(a) amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 64(1)﻿(e) repealed 1 July 1992 Building Act 1991 Section 64(1)﻿(f) repealed 1 July 1992 Building Act 1991 Section 64(1)﻿(g) amended 1 July 1992 Building Act 1991 Section 64(1)﻿(h) amended 1 July 1992 Building Act 1991 Section 64(1)﻿(i) amended 1 July 1992 Building Act 1991 Section 64(1)﻿(j) amended 1 July 1992 Building Act 1991 Section 64(1)﻿(k) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Section 64(1)﻿(l) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Section 64(1)﻿(n) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Section 64(1)﻿(p) amended 1 July 1992 Building Act 1991 Section 64(1)﻿(p) amended 1 April 1974 Clean Air Act 1972 Section 64(1)﻿(q) amended 1 April 1974 Clean Air Act 1972
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, dispensed with, prohibited, or regulated by the local authority from time to time by resolution, either generally or for any classes of cases, or in any particular case:
b: a bylaw providing for the licensing or registration of persons or property may provide for the payment of reasonable fees in respect thereof:
c: 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:
d: every fee payable to a local authority under a bylaw shall be recoverable as a debt due to the local authority:
e: 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:
f: a bylaw may apply generally throughout the district of the local authority, or within any specified part or parts thereof. 1920 No 45 ss 68, 69
65A: Effect of
Building Act 2004
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
2: For the purposes of this section, the terms building building code performance criteria Building Act 2004 Section 65A inserted 1 July 1992 Building Act 1991 Section 65A heading amended 31 March 2005 section 414 Building Act 2004 Section 65A(1) amended 31 March 2005 section 414 Building Act 2004 Section 65A(2) amended 31 March 2005 section 414 Building Act 2004
66: Penalties for breach of bylaws
1: Every person who contravenes or fails to comply with any bylaw made under this Act commits an offence and is liable on conviction $500 $50
2: 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.
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. 1920 No 45 ss 70, 71 Section 66(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 66(1) amended 30 November 1979 Health Amendment Act 1979
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 Government 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. 1920 No 45 s 73 Section 67(1) replaced 1 July 2003 section 262 Local Government Act 2002
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. 1920 No 45 s 72 Duties and powers of harbour boards Heading repealed 1 July 1993 section 18 Health Amendment Act 1993
69: Duties and powers of harbour boards
Section 69 repealed 1 July 1993 section 18 Health Amendment Act 1993
2A: Drinking water
Part 2A repealed 15 November 2021 section 206(1) Water Services Act 2021
69A: Purpose
Section 69A repealed 15 November 2021 section 206(1) Water Services Act 2021 Application of this Part Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69B: This Part generally to apply on commencement
Section 69B repealed 15 November 2021 section 206(1) Water Services Act 2021
69C: Application of sections 69S to 69ZC generally
Section 69C repealed 15 November 2021 section 206(1) Water Services Act 2021
69D: Application of sections 69S to 69ZC to bulk suppliers
Section 69D repealed 15 November 2021 section 206(1) Water Services Act 2021
69E: Application of sections 69S to 69ZC to water carriers
Section 69E repealed 15 November 2021 section 206(1) Water Services Act 2021
69F: Bulk suppliers, networked suppliers,
and water carriers Section 69F repealed 15 November 2021 section 206(1) Water Services Act 2021 Interpretation Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69G: Interpretation
Section 69G repealed 15 November 2021 section 206(1) Water Services Act 2021
69H: All practicable steps
Section 69H repealed 15 November 2021 section 206(1) Water Services Act 2021
69I: Part binds the Crown
Section 69I repealed 15 November 2021 section 206(1) Water Services Act 2021 Registration of drinking-water suppliers and certain self-suppliers Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69J: Drinking-water register
Section 69J repealed 15 November 2021 section 206(1) Water Services Act 2021
69K: Applications for registration
Section 69K repealed 15 November 2021 section 206(1) Water Services Act 2021
69L: Renewal of registration by water carriers
Section 69L repealed 15 November 2021 section 206(1) Water Services Act 2021
69M: Duty to update details on register
Section 69M repealed 15 November 2021 section 206(1) Water Services Act 2021
69N: Removal from register
Section 69N repealed 15 November 2021 section 206(1) Water Services Act 2021 Drinking-water standards Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69O: Minister may issue, adopt, amend, or revoke drinking-water standards
Section 69O repealed 15 November 2021 section 206(1) Water Services Act 2021
69P: Minister must consult before issuing, adopting, or amending drinking-water standards
Section 69P repealed 15 November 2021 section 206(1) Water Services Act 2021
69Q: Drinking-water standards must be notified and made available
Section 69Q repealed 28 October 2021 section 3 Secondary Legislation Act 2021
69R: Commencement of drinking-water standards
Section 69R repealed 15 November 2021 section 206(1) Water Services Act 2021 Duties of drinking-water suppliers and temporary drinking-water suppliers Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69S: Duty of suppliers in relation to provision of drinking water
Section 69S repealed 15 November 2021 section 206(1) Water Services Act 2021
69T: Duties where risk to water is actual or foreseeable
Section 69T repealed 15 November 2021 section 206(1) Water Services Act 2021
69U: Duty to take reasonable steps to contribute to protection of source of drinking water
Section 69U repealed 15 November 2021 section 206(1) Water Services Act 2021
69V: Duty to
Section 69V repealed 15 November 2021 section 206(1) Water Services Act 2021
69W: Duty to take reasonable steps to supply wholesome drinking water
Section 69W repealed 15 November 2021 section 206(1) Water Services Act 2021
69X: Duties in relation to new water sources
Section 69X repealed 15 November 2021 section 206(1) Water Services Act 2021
69Y: Duty to monitor drinking water
Section 69Y repealed 15 November 2021 section 206(1) Water Services Act 2021
69Z: Duty to prepare and implement
water safety Section 69Z repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZA: Medical officer of health may require preparation and implementation of
water safety Section 69ZA repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZB: Duration of plans
Section 69ZB repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZC: Review and renewal of plans
Section 69ZC repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZD: Duty to keep records and make them available
Section 69ZD repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZE: Duty to investigate complaints
Section 69ZE repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZF: Duty to take remedial action if drinking-water standards breached
Section 69ZF repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZG: Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health
Section 69ZG repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZH: Duty to provide information to territorial authority
Section 69ZH repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZI: Temporary supplier to notify medical officer of health of source and quality of raw water
Section 69ZI repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZJ: Powers of medical officer of health relating to temporary drinking-water suppliers
Section 69ZJ repealed 15 November 2021 section 206(1) Water Services Act 2021 Drinking-water assessors and designated officers Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZK: Director-General may appoint drinking-water assessors
Section 69ZK repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZL: Functions of drinking-water assessors
Section 69ZL repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZM: Drinking-water assessors accountable to Director-General for performance of functions
Section 69ZM repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZN: Functions of designated officers
Section 69ZN repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZO: Powers of designated officers
Section 69ZO repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZP: Powers of drinking-water assessors and designated officers
Section 69ZP repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZQ: Ancillary powers
Section 69ZQ repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZR: Restrictions on exercise of powers
Section 69ZR repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZS: Requirement for warrant to enter dwellinghouse
Section 69ZS repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZT: Standard conditions applying where warrant executed
Section 69ZT repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZU: Drinking-water assessors and designated officers must produce identification
Section 69ZU repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZV: Inventory of things seized to be provided
Section 69ZV repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZW: Review of decisions of drinking-water assessors
Section 69ZW repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZX: Register of drinking-water assessors
Section 69ZX repealed 15 November 2021 section 206(1) Water Services Act 2021 Recognised laboratories Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZY: Director-General may recognise laboratories
Section 69ZY repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZ: Compliance tests must be carried out by recognised laboratory
Section 69ZZ repealed 15 November 2021 section 206(1) Water Services Act 2021 Emergency powers Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZA: Minister may declare drinking-water emergency
Section 69ZZA repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZB: Maximum duration of drinking-water emergency declaration
Section 69ZZB repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZC: Drinking-water emergency may be declared or continued even if other emergency declared
Section 69ZZC repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZD: Special powers of designated officers during drinking-water emergency
Section 69ZZD repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZE: Compensation for property requisitioned or destroyed
Section 69ZZE repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZF: Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991
Section 69ZZF repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZG: Effect of exemption
Section 69ZZG repealed 15 November 2021 section 206(1) Water Services Act 2021 Compliance orders Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZH: Medical officer of health may issue compliance order
Section 69ZZH repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZI: Compliance with compliance order
Section 69ZZI repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZJ: Form and content of compliance order
Section 69ZZJ repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZK: Appeals
Section 69ZZK repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZL: Stay of compliance order pending appeal
Section 69ZZL repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZM: Variation and cancellation of compliance order
Section 69ZZM repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZN: Appeals against decision on change or cancellation of compliance order
Section 69ZZN repealed 15 November 2021 section 206(1) Water Services Act 2021 Contamination of water supplies and sources Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZO: Contamination of raw water or pollution of water supply
Section 69ZZO repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZP: Local authority may be required to warn users of self-supplied building water supplies about contamination
Section 69ZZP repealed 15 November 2021 section 206(1) Water Services Act 2021 Offences Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZQ: Offence to supply or transport water if not registered
Section 69ZZQ repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZR: Offences against sections in this Part
Section 69ZZR repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZS: Strict liability and defence to offences
Section 69ZZS repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZT: Offences involving deception
Section 69ZZT repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZU: Time for filing charging document
Section 69ZZU repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZV: Penalties
Section 69ZZV repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZW: Additional penalty for certain offences for commercial gain
Section 69ZZW repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZX: Liability of principal for acts of agents
Section 69ZZX repealed 15 November 2021 section 206(1) Water Services Act 2021 Miscellaneous Heading repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZY: Regulations
Section 69ZZY repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZZ: Protecting water supplies from risk of back-flow
Section 69ZZZ repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZZA: Keeping, inspection, and copying of registers
Section 69ZZZA repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZZB: Director-General must publish annual report
Section 69ZZZB repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZZC: Statements by Director-General
Section 69ZZZC repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZZD: Protection of persons performing or exercising functions, duties, or powers under this Part
Section 69ZZZD repealed 15 November 2021 section 206(1) Water Services Act 2021
69ZZZE: Relationship between this Part and other enactments
Section 69ZZZE repealed 15 November 2021 section 206(1) Water Services Act 2021
3: Infectious and notifiable diseases
70: Special powers of medical officer of health
1: 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 by notice,
a: declare any land, building, or thing to be insanitary, and prohibit its use for any specified purpose:
b: 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:
c: cause insanitary things to be destroyed or otherwise disposed of as he thinks fit:
d: cause infected animals to be destroyed in such manner as he thinks fit:
e: require persons to report themselves or submit themselves for medical examination at specified times and places:
ea: 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 stated times and places:
f: require persons, places, buildings, ships, vehicles, aircraft, animals, or things
fa: 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:
g: forbid persons, ships, vehicles, aircraft, animals, or things
h: require people to remain in
i: forbid the removal of ships, vehicles, aircraft, animals, or things
j: prohibit the keeping of animals or of any species of animal in any specified part of the health district:
k: forbid the discharge of sewage, drainage, or insanitary matter of any description into any watercourse, stream, lake, or source of water supply:
l: use or authorise any local authority to use as a temporary site for a special 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: in writing
i: require to be closed immediately, until further notice
ii: require to be closed immediately, until further notice notice
m: require to be closed, until further notice or for a fixed period, all premises within a health district (or stated area of a health district) of any stated kind or description:
n: require to be closed, until further notice or for a fixed period, all premises within a health district (or a stated area of a health district) of any stated kind or description in which infection control measures described in the notice are not operating:
o: forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within a health district (or a stated area of a health district):
p: forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within a health district (or a stated area of a health district) in which infection control measures described in the notice are not operating.
n:
o:
1A: A notice under paragraph (la), (m), (n), (o), or (p)
a: any premises that are, or any part of any premises that is, used solely as a private dwellinghouse; or
b: any premises within the parliamentary precincts (within the meaning of section 3
c: any premises whose principal or only use is as a courtroom or judge's chambers, or a court registry; or
d: any premises that are, or are part of, a prison (within the meaning of section 3(1)
1B: A notice under paragraph (la), (m), (n), (o), or (p)
1C: A notice under subsection (1)—
a: is secondary legislation ( see Part 3
b: may come into force when it is made, even if it is not yet published.
1D:
2: The medical officer of health, and any environmental health officer
3: In no case shall the medical officer of health, or any environmental health officer
4: 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 1920 No 45 s 76 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication If it is made under subsection (1)﻿(m) to (p), the maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in a newspaper circulating in the health district; or •	cause it to be announced in a broadcast by a television channel or radio station that can be received by most households in the health district If it is published in a newspaper, the maker must make reasonable efforts to also have its contents or gist announced in such a broadcast If it is made under any other paragraph, it is not required to be published Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 70(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1) amended 19 December 2006 section 5(1) Health Amendment Act 2006 Section 70(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 70(1) amended 3 November 1964 section 3 Health Amendment Act 1964 Section 70(1)﻿(ea) inserted 19 December 2006 section 5(2) Health Amendment Act 2006 Section 70(1)﻿(f) amended 19 December 2006 section 5(3) Health Amendment Act 2006 Section 70(1)﻿(fa) inserted 19 December 2006 section 5(4) Health Amendment Act 2006 Section 70(1)﻿(g) amended 19 December 2006 section 5(5) Health Amendment Act 2006 Section 70(1)﻿(h) amended 19 December 2006 section 5(6) Health Amendment Act 2006 Section 70(1)﻿(i) amended 19 December 2006 section 5(5) Health Amendment Act 2006 Section 70(1)﻿(la) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)﻿(la) inserted 19 December 2006 section 5(7) Health Amendment Act 2006 Section 70(1)﻿(la)﻿(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)﻿(la)﻿(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)﻿(m) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)﻿(n) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)﻿(n) repealed 19 December 2006 section 5(7) Health Amendment Act 2006 Section 70(1)﻿(o) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)﻿(o) repealed 19 December 2006 section 5(7) Health Amendment Act 2006 Section 70(1)﻿(p) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1A) inserted 19 December 2006 section 5(8) Health Amendment Act 2006 Section 70(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1B) inserted 19 December 2006 section 5(8) Health Amendment Act 2006 Section 70(1B) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1C) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1D) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(2) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 70(3) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 70(4) inserted 19 December 2006 section 5(9) Health Amendment Act 2006
71: Powers of medical officer of health on outbreak of infectious disease
1: 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 emergency declared under the Civil Defence Emergency Management Act 2002 or while an epidemic notice is in force
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, whether public or private, that in his or her opinion is required for the transport of—
i: patients, medical personnel, medicine, medical equipment or devices, food, or drink; or
ii: clothing, bedding, or tents or other temporary facilities or structures; or
iii: 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.
2: 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
3: 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 District Court Judge $1,000 1920 No 45 s 75 Section 71(1) amended 19 December 2006 section 6(1) Health Amendment Act 2006 Section 71(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 71(1) amended 3 November 1964 section 4 Health Amendment Act 1964 Section 71(1)﻿(a) replaced 19 December 2006 section 6(2) Health Amendment Act 2006 Section 71(1)﻿(ab) inserted 19 December 2006 section 6(2) Health Amendment Act 2006 Section 71(1)﻿(b) replaced 19 December 2006 section 6(2) Health Amendment Act 2006 Section 71(2) amended 1 March 2017 section 261 District Court Act 2016 Section 71(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 71(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 71(3) amended 30 November 1979 Health Amendment Act 1979
71A: Power of
constables
1: A constable
a: 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 71
b: to help a person to do 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 performance of powers or functions under section 70 71
c: 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 71
d: 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 performance of powers or functions under section 70 71
e: 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 section 70 71
f: 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 71
2: A constable
a: enter into or on any land, building, aircraft, ship, or vehicle:
b: inspect any land, building, aircraft, ship, or vehicle, and any thing in or on it:
c: whether for the purposes of paragraph (a) or (b) (or both) or in the exercise of a power conferred by subsection (1),—
i: stop a ship or vehicle, or a taxiing aircraft; or
ii: 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).
4: A constable
5: Sections 128 129 177
6: A constable Section 71A inserted 19 December 2006 section 7 Health Amendment Act 2006 Section 71A heading amended 1 October 2008 section 116(a)﻿(i) Policing Act 2008 Section 71A(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 71A(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 71A(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 71A(5) replaced 1 October 2012 section 330 Search and Surveillance Act 2012 Section 71A(6) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
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
a: 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 71
b: threatens, assaults, or intentionally obstructs or hinders a constable section 71A
c: does anything forbidden by a medical officer of health or any person authorised by a medical officer of health under section 70 71
d: 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 71
e: does, or delays ceasing to do, a thing prohibited or forbidden by a medical officer of health or any person authorised by a medical officer of health in the exercise of powers or functions under section 70 71 Section 72 replaced 19 December 2006 section 7 Health Amendment Act 2006 Section 72 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 72(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
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 preceding section, if any offence under that section consists in not doing any sanitary 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. 1920 No 45 s 78 Section 73(2) replaced 1 July 1993 section 19 Health Amendment Act 1993
74: Health practitioners
1: Every health practitioner
a: in the case of a notifiable infectious disease, forthwith inform the occupier of the premises and every person nursing or in immediate attendance on the patient of the infectious nature of the disease and the precautions 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 Schedule 1
b: in the case of a notifiable disease other than a notifiable infectious disease, forthwith give notice in the prescribed form to the medical officer of health.
2:
3: Every health practitioner
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 practitioner to disclose identifying information of the patient or deceased person if disclosure of the identifying information is necessary to respond effectively to a public health risk.
3C: In this section and section 74AA identifying information
a: the person’s name, address, and place of work or education; and
b: any other information required by regulations made under this Act.
4: Every health practitioner
5: 1920 No 45 s 79 Section 74 heading amended 4 January 2017 section 7(1) Health (Protection) Amendment Act 2016 Section 74(1) amended 4 January 2017 section 7(2) Health (Protection) Amendment Act 2016 Section 74(1)﻿(a) amended 4 January 2017 section 7(3) Health (Protection) Amendment Act 2016 Section 74(1)﻿(a) amended 6 December 1962 Health Amendment Act 1962 Section 74(2) repealed 1 July 1993 section 20(1) Health Amendment Act 1993 Section 74(3) amended 4 January 2017 section 7(2) Health (Protection) Amendment Act 2016 Section 74(3A) inserted 4 January 2017 section 7(4) Health (Protection) Amendment Act 2016 Section 74(3B) inserted 4 January 2017 section 7(4) Health (Protection) Amendment Act 2016 Section 74(3C) inserted 4 January 2017 section 7(4) Health (Protection) Amendment Act 2016 Section 74(4) amended 4 January 2017 section 7(2) Health (Protection) Amendment Act 2016 Section 74(5) repealed 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995
74AA: Medical laboratories to give notice of cases of notifiable disease
1: The person in charge of a medical laboratory must take all reasonably practicable 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.
2: 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 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 disease 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 specified 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: commits an offence against this Act; and
b: is liable on conviction Section 74AA inserted 18 December 2007 section 8 Health Amendment Act 2006 Section 74AA(2A) inserted 4 January 2017 section 8 Health (Protection) Amendment Act 2016 Section 74AA(2B) inserted 4 January 2017 section 8 Health (Protection) Amendment Act 2016 Section 74AA(3)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
74A: National Cervical Screening Register
Section 74A repealed 7 March 2005 section 3 Health (National Cervical Screening Programme) Amendment Act 2004
74B: Medical laboratories may be required to give notice of cases of disease during epidemic
1: Before the commencement of section 8 of the Health Amendment Act 2006 section 74AA
2: Unless the notice provides that section 74AA
3: While the notice is in force, every provision of this Act (other than this section) has effect—
a: as if section 74AA
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 liability arising while it was in force. Section 74B inserted 19 December 2006 section 9 Health Amendment Act 2006 Section 74B(1) amended 13 December 2021 section 9 Health (Fluoridation of Drinking Water) Amendment Act 2021
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
b: every person administering, dispensing, prescribing, or supplying medicines stated in the notice that are under the control of the Crown or a Crown entity must—
i: comply with the priorities; and
ii: comply with any conditions, stated in the notice.
3: A notice under subsection (2) must state whether it applies to—
a: all persons administering, dispensing, prescribing, or supplying the medicines concerned; or
b: particular classes of person administering, dispensing, prescribing, or supplying the medicines concerned; or
c: 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.
5: The Director-General must publish every policy; but may do so by making it available on the Internet.
6: In this section, medicine
7: A notice under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74C inserted 19 December 2006 section 9 Health Amendment Act 2006 Section 74C(2)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 74C(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
74D: Redirection of aircraft
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: 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
ii: the disease has or is likely to have broken out in the place where the aircraft has landed; or
iii: the aircraft is or is likely to be carrying people infected with the disease; and
iv: 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 19 December 2006 section 9 Health Amendment Act 2006
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 premises in which the first-mentioned person is living to consult a medical practitioner, 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. 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
2: Every such master commits an offence against this Act who fails to comply with the provisions of this section. 1920 No 45 s 81 Section 76(1) amended 1 April 1983 Health Amendment Act 1982
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 ascertaining whether that person is suffering or has recently suffered from any such disease. 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 person 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 medical practitioner. 1920 No 45 s 83
79: Isolation of persons likely to spread infectious disease
Section 79 repealed 4 January 2017 section 9 Health (Protection) Amendment Act 2016
80: Offences in respect of infectious or communicable diseases
1: Every person commits an offence against this Act who—
a: while to his own knowledge suffering from any infectious disease, wilfully 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 precautions 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 they have first been effectively disinfected, or proper precautions have been taken against spreading the infection:
b: 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:
c: 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 effectively disinfected to the satisfaction of a medical officer of health before the person hiring goes into occupation:
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.
3: For the purposes of this section, the expression public place section 2
4: 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 1920 No 45 ss 85(1)﻿(a)–(c), (3), 86 Section 80(3) amended 1 February 1982 section 51(3) Summary Offences Act 1981 Section 80(4) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 80(4) amended 1 April 1990 section 230(2) Sale of Liquor Act 1989
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 1920 No 45 s 87 Section 81 amended 26 July 1988 section 2(4) Health Amendment Act 1988
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 disinfection of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any communicable disease, or otherwise for preventing danger to health, or for rendering any premises fit for occupation, 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 officer 1920 No 45 s 88 Section 82(3) amended 1 July 1993 section 23 Health Amendment Act 1993 Section 82(3) amended 26 July 1988 section 2(4) Health Amendment Act 1988
83: Infected articles may be destroyed
Where any article dealt with by a local authority or any environmental health officer section 81 section 82 environmental health officer 1920 No 45 s 89 Section 83 amended 26 July 1988 section 2(4) Health Amendment Act 1988
84: Establishment of mortuaries and disinfecting stations
1: Any local authority may
a: provide, equip, and maintain places for the reception of dead bodies ( mortuaries Coroners Act 2006
b: provide, equip, and maintain disinfecting and cleansing stations, plant, equipment, and attendance for the cleansing of persons and for the disinfection of bedding, clothing, or other articles which have been exposed to or are believed to be contaminated with the infection of infectious disease, or which are dirty or verminous:
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. 1920 No 45 s 91; 1954 No 55 s 2 Section 84(1) amended 1 July 1993 section 24 Health Amendment Act 1993 Section 84(1) amended 23 November 1973 Health Amendment Act 1973 Section 84(1)﻿(a) replaced 1 July 2007 section 146 Coroners Act 2006
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 having 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: 1920 No 45 s 92 Section 85(2) repealed 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995
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 dangerous 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 health protection 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.
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.
6: 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.
7: In this section, references to burial 1920 No 45 s 93 Section 86(3) amended 26 July 1988 section 2(5) Health Amendment Act 1988
87: Compensation for persons injuriously affected
1: Subject to the provisions of this section, in every case where any building, animal, or thing is destroyed by or by order of the medical officer of health, or a health protection officer
2: The compensation shall not exceed the actual market value of the building, animal, or thing in respect of which the claim is made.
3: 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.
4: 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.
5: 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 1920 No 45 s 94 Section 87(1) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 87(6) amended 1 March 2017 section 261 District Court Act 2016
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.
2: Every veterinary surgeon who has reason to believe that any animal professionally 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.
3: 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 suffered 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:
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
7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 87A inserted 3 November 1964 section 6 Health Amendment Act 1964 Section 87A(3A) repealed 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 87A(6) inserted 20 October 1972 Health Amendment Act 1972 Section 87A(6) amended 1 July 1995 section 6(1)﻿(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 87A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Venereal disease Heading repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016
88: Persons suffering from venereal disease to undergo treatment
Section 88 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016
89: Duty of medical practitioner as to patient suffering from venereal disease
Section 89 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016
90: Treatment of children
Section 90 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016
91: Persons other than medical practitioners treating venereal disease
Section 91 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016
92: Infecting any person with venereal disease
Section 92 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016
3A: Management of infectious diseases
Part 3A replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016
1: Overarching principles
Subpart 1 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92A: Principles to be taken into account
1: The principles set out in sections 92C to 92H
2: Nothing in sections 92C to 92H
3: To avoid doubt, an individual undertaking contact tracing in response to a request under section 92ZZD(2) Section 92A replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92B: Paramount consideration
The paramount consideration in the application of the principles in sections 92C to 92H Section 92B replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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.
2: The person exercising or performing the functions, duties, or powers must take into account any known special circumstances or vulnerabilities of the individual, to the extent that the protection of public health permits this to be done. Section 92C replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 opportunity 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: any directions given to the individual:
b: 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 protect and promote their own health and the health of their communities. Section 92D replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 circumstances, promptly inform the individual, in a way that the individual is most likely to understand, about—
a: the nature of the functions, duties, or powers being exercised or performed and their implications for the individual:
b: any steps planned to be taken in respect of the individual:
c: 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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, minimised, or managed; and
b: not be made or taken in an arbitrary manner. Section 92F replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 minimising the public health risk posed by the individual. Section 92G replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 individual poses. Section 92H replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016
2: Directions
Subpart 2 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92I: Medical officer of health may give directions to individual posing public health risk
1: This section applies if a medical officer of health believes on reasonable grounds that an individual poses a public health risk.
2: The medical officer of health may give the individual any direction or 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.
3: If the disease that the individual is believed to have is not a notifiable infectious disease, every direction given to the individual must have the prior approval 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 provider:
i: counselling:
ii: 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:
c: refrain from going to specified places either absolutely or unless stated conditions are observed:
d: refrain from associating with specified persons or specified classes of persons:
e: take specified actions to prevent or minimise the public health risk posed by the individual:
f: stay, at all times or at specified times, at a specified place of residence, subject to specified conditions:
g: accept supervision by a named person or a person for the time being holding a named office, including, without limitation,—
i: attending meetings arranged by that person; and
ii: providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the individual:
h: comply with instructions to prevent the spread of the infectious disease.
5: In no case may a direction require an individual to submit to compulsory treatment.
6: 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.
7: The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters:
a: the direction:
b: the public health risk posed by the individual’s engagement in the activity:
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 2020
a: 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
b: 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 92I replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92I(9) amended 1 December 2020 section 217 Privacy Act 2020
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: an individual has been in contact with a person who has, or may have, an infectious disease; and
b: if the disease has been transmitted to the individual, the individual poses, or is likely to pose, a public health risk.
2: 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.
3: If the disease that the individual is believed to have is not a notifiable infectious disease, every direction given to the individual must have the prior approval 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 provider:
i: counselling:
ii: 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:
c: refrain from going to specified places either absolutely or unless stated conditions are observed:
d: refrain from associating with specified persons or specified classes of persons:
e: take specified actions to prevent or minimise the public health risk posed by the individual:
f: stay, at all times or at specified times, at a specified place of residence, subject to specified conditions:
g: accept supervision by a named person or a person for the time being holding a named office, including, without limitation,—
i: attending meetings arranged by that person; and
ii: providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the individual:
h: comply with instructions to prevent the spread of the infectious disease.
5: In no case may a direction require an individual to submit to compulsory treatment.
6: 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.
7: The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters:
a: the direction:
b: the public health risk posed by the individual’s engagement in the activity:
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 2020
a: 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
b: 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 92J replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92J(9) amended 1 December 2020 section 217 Privacy Act 2020
92K: Direction for medical examination
1: This section applies if a medical officer of health believes on reasonable grounds that—
a: an individual may have an infectious disease (for example, because the individual has been in contact with a person who has an infectious disease); and
b: 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 disease; and
c: the individual has not undergone that examination within that period; and
d: if the individual has the infectious disease, the individual poses a public health risk.
2: 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.
3: The medical officer of health may also direct the individual, until those examinations are completed, to—
a: participate in any of the following that are conducted by a health provider:
i: counselling:
ii: 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:
c: refrain from going to specified places either absolutely or unless stated conditions are observed:
d: refrain from associating with specified persons or specified classes of persons:
e: take specified actions to prevent or minimise the public health risk posed by the individual:
f: stay, at all times or at specified times, at a specified place of residence, subject to specified conditions:
g: accept supervision by a named person or a person for the time being holding a named office, including, without limitation,—
i: attending meetings arranged by that person; and
ii: providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the individual:
h: comply with instructions to prevent the spread of the infectious disease.
4: In no case may a direction require an individual to submit to compulsory treatment.
5: 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.
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: the direction:
b: the public health risk posed by the individual’s engagement in the activity:
c: ways of minimising that public health risk.
7: 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
b: 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 2020
a: 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
b: 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 92K replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92K(9) amended 1 December 2020 section 217 Privacy Act 2020
92L: Direction to close educational institutions
1: This section applies if a medical officer of health believes on reasonable grounds that—
a: 1 or more persons attending an educational institution have, or may have, an infectious disease; and
b: there is a substantial risk that the infectious disease will be transmitted to other persons attending the educational institution; and
c: 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: direct persons attending the educational institution to stay away from its property until further notice:
b: close part of the educational institution:
c: close the entire educational institution.
3: The medical officer of health must not give a direction under subsection (2) without first consulting the person in charge of the educational institution.
4: 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 officer of health under this Part. Section 92M inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 General provisions concerning directions and notices Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 person 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 Section 92N inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92O: Duration of directions
1: When giving a direction under this Part, a medical officer of health must specify 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: the last day of the period stated in the direction or in the extension of the direction:
b: the day (if any) on which the medical officer of health rescinds the direction under section 92S
c: the day (if any) on which the direction is cancelled on appeal under section 92T
d: the day (if any) on which the medical examinations required by a direction under section 92K(2) Section 92O inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92P: Medical officer of health must review directions
A medical officer of health must—
a: regularly review each direction that is in effect in the health district or districts for which the officer is responsible; and
b: consider whether the direction is still required; and
c: rescind the direction under section 92S
d: if directed by the Director-General to do so, advise the Director-General why the direction needs to continue in effect. Section 92P inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92R: Repeated directions may be given
A direction under this Part may be given to an individual on 1 or more occasions. Section 92R inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92S: Directions may be varied or rescinded
A medical officer of health may at any time, by notice to the individual concerned, vary or rescind a direction previously given. Section 92S inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92T: Appeal against directions
1: An individual who is required to comply with a direction may appeal to the District Court against—
a: the direction, or any part of the direction:
b: a variation of the direction:
c: 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 determination of the appeal in accordance with section 72 Section 92T inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92U: Confidentiality
Despite anything in the Privacy Act 2020 Section 92U inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92U amended 1 December 2020 section 217 Privacy Act 2020 Compliance with directions Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 direction given by a medical officer of health under this Part. Section 92V inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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.
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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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: ensure that the individual is professionally attended by a medical practitioner, and facilitate diagnosis and treatment; and
b: prevent or minimise the risk of transmission of the disease by the individual.
3: Nothing in this section limits or affects the operation of any provisions of the Protection of Personal and Property Rights Act 1988 Section 92X inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92Y: Force not permissible
In no case may force be used to secure compliance with a direction. Section 92Y inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
3: Orders
Subpart 3 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Public health orders Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZA: Public health order may impose certain requirements on individual
1: The District Court may, in making a public health order, impose on an individual any 1 or more of the following requirements the court thinks are necessary to prevent or minimise the public health risk posed by the individual:
a: to be detained, at all times or at specified times, in a hospital or other suitable place or in specified parts of the hospital or place:
b: to stay, at all times or at specified times, at a specified place of residence:
c: to 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:
d: to be supervised by a named person or by a person for the time being holding a named office, including, without limitation,—
i: attending meetings arranged by that person; and
ii: providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the individual:
e: after the views of the individual have been taken into account, to be subject 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:
f: to be treated for the infectious disease by a specified health provider:
g: to participate in any of the following that are conducted by a health provider:
i: counselling:
ii: education:
iii: other activities related to the infectious disease:
h: to refrain from going to specified places either absolutely or unless stated conditions are observed:
i: to refrain from associating with specified persons or specified classes of persons:
j: to take specified actions to prevent or minimise the public health risk posed by the individual.
2: 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 indefinitely, treating him or her is the only effective means of managing the public health risk posed by the individual.
3: If an order requires an individual to be detained in a hospital or other place operated by Health New Zealand, Health New Zealand
4: The court may impose any requirement specified in subsection (1) subject to any conditions or restrictions that the court considers appropriate. Section 92ZA inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZA(3) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
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, without limitation, take into account—
a: the infectious disease that the individual has or may have:
b: if the individual has had an opportunity to minimise the risk of communicating 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: if directions have been given to the individual, whether the individual has complied with, or the extent to which the individual has complied with, those directions:
ii: if a medical practitioner, medical officer of health, person acting under the direction of a medical officer of health, or health protection 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZC: Duration of public health order
1: When making a public health order under section 92Z
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 following days:
a: 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:
b: the day (if any) on which the court cancels the order under section 92ZR
c: the day (if any) on which the order is cancelled on appeal under section 92ZT 92ZU
d: 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 individual.
4: A requirement imposed by a public health order under section 92ZA
a: the day on which the order ceases to have effect:
b: the day (if any) on which the Registrar cancels the order after being satisfied that the medical officer of health has certified that the requirement is no longer necessary to manage the public health risk posed by the individual. Section 92ZC inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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
2: The court may extend the public health order on 1 or more occasions. Section 92ZD inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZE: Relationship between directions and public health orders
1: The District Court may make a public health order that corresponds to, or differs from, any direction previously given.
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 section 92ZH
4: A medical officer of health may not give a direction under this Part to an individual 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Urgent public health orders Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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: an individual poses a public health risk; and
b: the medical officer of health cannot adequately manage the public health risk by giving the individual a direction; and
c: to address the risk, the medical officer of health needs to take urgent action; and
d: it is not practicable to wait for the District Court to determine an application for a public health order.
2: 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.
3: If the infectious disease that the individual is believed to have is not a notifiable disease, the urgent public health order must not be given to the individual without the prior approval of the Director-General.
4: The medical officer of health must write on the order the date and time it is given to the individual.
5: The medical officer of health must send to the Director-General a copy of the urgent public health order. Section 92ZF inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Medical examination orders and orders concerning contacts Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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: the individual may have an infectious disease (for example, because the individual is, or has been, in contact with a person who has the infectious disease); and
b: 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 disease; and
c: the individual has not undergone that examination within that period; and
d: the individual poses a public health risk.
2: 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.
3: The medical examination order may also impose on the individual, until those examinations are completed, any 1 or more of the requirements stated in section 92ZA(1)﻿(b), (c), (d), (h), (i), and (j)
4: The court may impose any requirement referred to in subsection (3) subject to any conditions or restrictions that the court thinks appropriate.
5: 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
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 examination has been completed and it has been established whether the individual has the infectious disease. Section 92ZH inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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
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 undergone 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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: the individual has been in contact with a person who has, or may have, an infectious disease; and
b: if the infectious disease has been transmitted to the individual, the individual poses, or is likely to pose, a public health risk.
2: The order may impose on the individual any of the requirements stated in section 92ZA(1)﻿(b), (c), (d), (h), (i), and (j)
3: The court may impose any requirement referred to in subsection (2) subject to any conditions or restrictions that the court considers appropriate.
4: If the terms of the order provide that the order may be brought to an end if the medical officer of health certifies to a Registrar of the court that the order is no longer necessary to manage the public health risk posed by the individual and the Registrar is satisfied that the medical officer of health has given an appropriate certification,—
a: the Registrar must cancel the order; and
b: 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Proceedings Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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: appeals under this Part against directions given; and
b: 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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)
a: the Judge:
b: officers of the court:
c: parties to the proceeding and their lawyers and any other person nominated by the individual who is the subject of the proceeding:
d: witnesses:
e: any other person whom the Judge permits to be present.
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: The Judge may, by order, restrict or prohibit the public availability of all or any part of the court record and judgment.
5: This section does not limit any other power of the court to hear proceedings in private or to exclude any person from the court. 1992 No 46 s 24 Section 92ZL inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 4 January 2017 section 11 Health (Protection) Amendment Act 2016 General provisions concerning orders Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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: If the infectious disease that the individual is believed to have is not a notifiable disease, the application must not be made without the prior approval of the Director-General.
3: The medical officer of health must send to the Director-General a copy of the application. Section 92ZN inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 practicable, 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 officer of health—
a: to ascertain if the need for an order can be avoided by voluntary compliance by the individual and, if the individual agrees, by any assistance on the part of the family or whānau; and
b: 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZP: Case conferences
The consultation under section 92ZO Section 92ZP inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZQ: Medical officer of health must review orders
1: A medical officer of health must—
a: regularly review each order that is in effect in the health district or districts for which the officer is responsible; and
b: consider whether the order is still required; and
c: apply to the District Court to cancel the order under section 92ZR
d: 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 extension of the duration of an order, the application must be made under section 92ZD Section 92ZQ inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZR: District Court may cancel or vary orders
1: 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.
2: The court may, on the application of a medical officer of health or of the individual 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 considers desirable in the circumstances.
3: 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 application to cancel the order.
4: The medical officer of health must send to the Director-General a copy of every application under this section.
5: The court may deal with an application under this section on the papers if the parties agree. Section 92ZR inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZS: Confidentiality
Despite anything in the Privacy Act 2020 Section 92ZS inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZS amended 1 December 2020 section 217 Privacy Act 2020
4: Appeals and enforcement
Subpart 4 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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
2: The medical officer of health may appeal against the dismissal of an application 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: the order, or any part of the order:
b: a variation of the order:
c: an extension of the order.
4: Subject to subsection (5), the High Court Rules and sections 74 to 78 section 72
5: On the without notice application of the appellant, the District Court may order that the appellant is not required under section 74(1)
6: Subject to section 92ZU
7: 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZU: Appeals to Court of Appeal
1: A party to any appeal under section 92ZT
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 section, 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 constables) 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 medical 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZW: Offence not to comply with order
1: An individual commits an offence who, without reasonable excuse, intentionally 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 conviction to a term of imprisonment not exceeding 6 months or to a fine not exceeding $2,000.
3: The District Court may, instead of imposing a sentence, make an order under one or both of sections 92Z 92ZH
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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
5: Contact tracing
Subpart 5 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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 disease:
b: make the contacts aware that they too may be infected, thereby encouraging them to seek testing and treatment if necessary:
c: limit the transmission of the infectious disease or suspected infectious disease. Section 92ZY inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZZ: What contact tracing involves
Contact tracing, in respect of an individual with an infectious disease or suspected of having an infectious disease, involves—
a: ascertaining the identity of each of the individual’s contacts; and
b: communicating with each contact, so far as this is practicable and appropriate; and
c: ascertaining the circumstances in which the infectious disease or suspected infectious disease may have been transmitted to or by the contact; and
d: 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: medical examinations for the infectious disease or suspected infectious disease; and
ii: the risk that the contact may have transmitted the infectious disease or suspected infectious disease to others; and
iii: the risk that the contact may pose to others; and
iv: appropriate exclusion, treatment, and prophylaxis; and
e: obtaining information about the contacts of that contact, including information required under section 92ZZC Section 92ZZ inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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
a: medical officer of health:
b: health protection officer:
c: person suitably qualified in health or community work who is nominated to undertake contact tracing by Health New Zealand
2: To avoid doubt, nothing in this Part makes it unlawful to undertake contact tracing otherwise than under this Part. Section 92ZZA inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZZA(1)﻿(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
92ZZB: Appropriateness of contact tracing
1: The contact tracer may form the view that contact tracing in respect of an individual 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZZC: Duty of individual with infectious disease to provide information about contacts
1: If the contact tracer has, under section 92ZZB
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: those people with whom he or she is, and has been, in contact:
b: 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: the name of each contact:
b: the age of each contact:
c: the sex of each contact:
d: the address and other contact details of each contact:
e: 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 individual is deceased, the contact tracer may require that the applicable one of the following persons provide the information:
a: the parent, guardian, or person in charge of the individual who is under 16 years of age:
b: the person in charge of the individual who lacks legal capacity:
c: the individual’s legal representative. Section 92ZZC inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
92ZZD: Consideration as to whether contact tracing can be undertaken by individual
1: Before requiring information from an individual under section 92ZZC
a: the seriousness of the public health risk posed by the individual; and
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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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
a: the contact tracer does not consider that it would be possible or appropriate for the individual to undertake the contact tracing; or
b: the contact tracer has asked the individual to undertake the contact tracing, and the contact tracer is not satisfied that the contact tracing has been undertaken or that it has been undertaken adequately.
2: If this section applies, the contact tracer may undertake the contact tracing.
3: The contact tracer must, wherever practicable, inform the individual of the course of action taken under subsection (2). Section 92ZZE inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016
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
2: The persons are—
a: the employer of the individual:
b: an educational institution attended by the individual:
c: any business or other organisation that the individual has dealt with:
d: 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 2020
4: Despite anything in the Privacy Act 2020
a: 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
b: 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 92ZZF inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZZF(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 92ZZF(4) amended 1 December 2020 section 217 Privacy Act 2020
92ZZG: Duty of confidentiality
1: A contact tracer who approaches a contact under this Part or approaches a person under section 92ZZF
a: transmitted the infectious disease to the contact; or
b: exposed the contact to the risk of contracting the infectious disease.
2: Despite anything in the Privacy Act 2020 Section 92ZZG inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZZG(2) amended 1 December 2020 section 217 Privacy Act 2020
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 information under section 92ZZC 92ZZF
a: without reasonable excuse, fails to give the required information; or
b: 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 4 January 2017 section 11 Health (Protection) Amendment Act 2016
4: Quarantine
93: Port health officers
Section 93 repealed 1 April 1983 Health Amendment Act 1982
94: Places of inspection for ships
The Minister may from time to time, by notice in the Gazette medical officer of health or health protection officer 1920 No 45 s 95 Section 94 amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 94 amended 1 April 1983 Health Amendment Act 1982
95: Infected places
The Minister may from time to time, by notice in the Gazette 1920 No 45 s 98
96: Ships and aircraft liable to quarantine
1: Except as otherwise provided in any regulations made under this Act, the following ships shall be liable to quarantine:
a: every ship arriving in New Zealand from any port beyond New Zealand:
b: every ship arriving at any port in New Zealand from any infected place in New Zealand:
c: every ship on board which any quarantinable disease, or any disease reasonably believed or suspected to be a quarantinable disease, has broken out or been discovered.
2: Except as otherwise provided in any regulations made under this Act, the following aircraft shall be liable to quarantine:
a: every aircraft arriving in New Zealand from any place beyond New Zealand:
b: every aircraft arriving at any aerodrome in New Zealand from any infected place in New Zealand. 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,—
a: that he or she is infected with a quarantinable disease; or
b: 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 quarantinable disease at the time of the believed or suspected exposure) is a quarantinable disease. Section 97 replaced 19 December 2006 section 10(1) Health Amendment Act 2006
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 management 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 passengers 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: his or her name; and
b: his or her recent travel history; and
c: his or her recent activities; and
d: his or her previous and present addresses, and proposed routes, destinations, and addresses; and
e: his or her movements during the 14 days before his or her arrival; and
f: whether he or she is experiencing or has recently experienced particular symptoms.
5: Subsection (2) does not limit subsection (1).
6: 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 protection 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 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 19 December 2006 section 10(1) Health Amendment Act 2006
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 protection officer, may direct that a craft and its passengers and crew be detained for inspection if—
a: the craft has arrived in New Zealand; and
b: it appears to the officer that, during the voyage of the craft,—
i: a person on it has died, or become ill, from a quarantinable disease; or
ii: 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 Section 97B inserted 19 December 2006 section 10(1) Health Amendment Act 2006
97C: Lifting of detention of craft
The detention of a craft under section 97B Section 97C inserted 19 December 2006 section 10(1) Health Amendment Act 2006
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)
a: require the person to be examined:
b: require to be taken from the person any bodily sample the officer may reasonably require:
c: require to be taken from the craft or any thing in or on it any reasonable sample the officer may require:
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: to prevent the spread of infection by the person; or
ii: to destroy birds, insects, or rodents; or
iii: to remove or abate conditions on the craft likely to convey infection, 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 officer to examine him or her or (as the case requires) take the sample. Section 97D inserted 19 December 2006 section 10(1) Health Amendment Act 2006
97E: Surveillance of certain people liable to quarantine
1: This subsection applies to a person if—
a: section 97(2)
b: 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 subsection (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 officer is satisfied that he or she—
i: is not infected with the disease concerned; or
ii: 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 undertaking, in a form prescribed by regulations made under this Act, that he or she 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: 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:
b: give to the medical officer of health all information he or she reasonably requires to enable the management of risks to public health:
c: if instructed to do so by the medical officer of health, do either or both of the following:
i: report on arrival in any district to the medical officer of health or to a medical practitioner nominated by the medical officer of health:
ii: report in person daily or at stated intervals to the medical officer of health or a medical practitioner nominated by the medical officer 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 19 December 2006 section 10(1) Health Amendment Act 2006
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
b: must give in respect of the child or person under disability all information required under any of those sections. Section 97F inserted 19 December 2006 section 10(1) Health Amendment Act 2006
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) 97F Section 97G inserted 19 December 2006 section 10(1) Health Amendment Act 2006
98: Continuance of liability to quarantine
1: Every ship or aircraft liable to quarantine shall continue to be so liable until pratique is granted.
2: Every person liable to quarantine shall continue to be so liable until he is released from quarantine pursuant to regulations made under this Act. 1920 No 45 s 103 1940 No 17 s 11
99: Restrictions applying while ship liable to quarantine
1: 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: 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
b: 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 Immigration Act 2009 section 15
c: for any person to leave that ship, except the persons specified in paragraph (b); or
d: for any goods, mails, or other articles whatsoever to be landed or transhipped from that ship; or
e: 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 1 July 1993 section 28(1) Health Amendment Act 1993 Section 99(1)﻿(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 99(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 99(1)﻿(b) amended 1 July 1995 section 4(1)﻿(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995
100: Quarantine signal for ships
The master of every ship liable to quarantine shall cause the prescribed quarantine signal to be hoisted at the mainmast head of his ship before she comes 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. 1920 No 45 s 105
101: Inspection of ship or aircraft liable to quarantine
1: Subject to the provisions of any regulations made under this Act, the medical officer of health or health protection officer
2: Subject to the provisions of any regulations made under this Act, the medical officer of health or health protection officer
3: 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.
4: In respect of any such ship, aircraft, or person, the medical officer of health or health protection officer
5: 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.
6: 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 Section 101 replaced 1 April 1983 Health Amendment Act 1982 Section 101(1) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 101(2) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 101(4) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 101(6) amended 26 July 1988 section 2(5) Health Amendment Act 1988
102: Ship's declaration of health
1: 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.
2: On arriving in New Zealand, the master shall complete and deliver to the medical officer of health or the health protection officer a maritime declaration in the prescribed form.
3: The form shall be countersigned by the ship's medical officer (if there is one).
4: 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 conviction
a: refuses, or fails without reasonable excuse, to comply with any of the preceding provisions of this section; or
b: 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
a: to obtain pratique; or
b: to influence in any other respect the exercise by or on behalf of the medical officer of health of any authority conferred on that officer by this Part. Section 102 replaced 26 July 1988 section 7(1) Health Amendment Act 1988 Section 102(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 102(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
103: Aircraft declaration
Section 103 repealed 23 March 1987 section 14 Health Amendment Act 1987
104: Offences under last 2 preceding sections
Section 104 repealed 26 July 1988 section 7(2)﻿(a) Health Amendment Act 1988
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 1920 No 45 s 108 Section 105 amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 105 amended 1 April 1983 Health Amendment Act 1982
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 protection officer 1920 No 45 s 109 Section 106 amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 106 amended 1 April 1983 Health Amendment Act 1982
107: Grant of pratique
1: Subject to the provisions of any regulations made under this Act, when the medical officer of health or health protection officer
2: Subject to the provisions of any regulations made under this Act, when the medical officer of health or health protection officer 1920 No 45 s 110 1940 No 17 s 11 Section 107(1) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 107(1) amended 1 April 1983 Health Amendment Act 1982 Section 107(2) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 107(2) amended 1 April 1983 Health Amendment Act 1982
108: Persons suffering from quarantinable disease
If any person on board any ship, or arriving by any aircraft, is found to be suffering from any quarantinable disease, or is believed or suspected by the medical officer of health or health protection officer health protection officer Section 108 replaced 1 April 1983 Health Amendment Act 1982 Section 108 amended 26 July 1988 section 2(5) Health Amendment Act 1988
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 substance 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 protection officer to enter a private dwellinghouse.
3: A person who fails to comply with a direction under subsection (1)—
a: commits an offence against this Act; and
b: is liable on conviction Section 109 replaced 19 December 2006 section 11 Health Amendment Act 2006 Section 109(3)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
110: Disinfection and fumigation of craft
1: 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.
2: The order may be given whether or not the craft is liable to quarantine.
3: If the order is not complied with,—
a: the master or pilot commits an offence, and is liable on conviction
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 19 December 2006 section 11 Health Amendment Act 2006 Section 110(3)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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 1920 No 45 s 129 Section 111(1) replaced 1 July 1993 section 30(1) Health Amendment Act 1993 Section 111(2) amended 1 April 1983 Health Amendment Act 1982
112: Offences
1: 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 protection officer District Court Judge $2,000
2: Every person on any ship who, being liable to quarantine, leaves the ship without the authority of the medical officer of health or health protection officer section 98
3: 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 medical officer of health commits an offence and is liable, on District Court Judge $2,000 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 1920 No 45 ss 117, 118, 131 1940 No 17 s 11 Section 112(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(1) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 112(1) amended 1 April 1983 Health Amendment Act 1982 Section 112(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 112(1) amended 30 November 1979 Health Amendment Act 1979 Section 112(2) replaced 1 April 1983 Health Amendment Act 1982 Section 112(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(2) 26 July 1988 section 2(5) Health Amendment Act 1988 Section 112(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 112(3) amended 30 November 1979 Health Amendment Act 1979 Section 112(4) replaced 1 April 1983 Health Amendment Act 1982 Section 112(4) 26 July 1988 section 2(5) Health Amendment Act 1988
112AA: Sections 70 and 71 and this Part operate independently
The powers conferred by sections 70 71
a: nothing in section 70 71
b: nothing in this Part limits or affects the powers conferred by section 70 71 Section 112AA inserted 19 December 2006 section 12 Health Amendment Act 2006
4A: National Cervical Screening Programme
Part 4A inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112A: Purpose
The purpose of this Part is—
a: to reduce the incidence and mortality rate of cervical cancer by providing for the continuation of the NCSP; and
b: to facilitate the operation and evaluation of that national cervical screening programme by—
i: enabling access to information and specimens by the persons operating the programme; and
ii: enabling access to information and specimens by screening programme evaluators appointed to evaluate that programme ; and
iii: enabling access to information by specified classes of persons for the purpose of providing cervical screening, assessment, and treatment services and by researchers. Section 112A inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112A(b)﻿(ii) amended 29 June 2021 section 4(1) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112A(b)﻿(iii) inserted 29 June 2021 section 4(2) Health (National Cervical Screening Programme) Amendment Act 2021
112B: Interpretation
In this Part, unless the context otherwise requires,— cancer section 2 cancer registry Cancer Registry Act 1993 cervical cancer cervical screening service diagnostic test or vagina
a: a colposcopic procedure:
b: an examination of a histological specimen taken from the woman evaluate section 112T(1) evaluation material health information section 22B End of Life Choice Act 2019 health practitioner section 5 hospital section 58(4) NCSP NCSP information
a: register information; and
b: information held by the NCSP as a result of an evaluation conducted in accordance with this Part NCSP manager
a: the person appointed under section 112C(3)
b: if no person has been appointed as the NCSP manager, the Director-General NCSP register section 112C , and includes any part of the register that is replaced register information relevant woman sections 112X 112ZB 112ZC 112ZD section 112X(1) review committee section 112O screening programme evaluator section 112U(1) screening test specimen and vaginal Section 112B inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112B cervical screening service inserted 29 June 2021 section 5(3) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B diagnostic test amended 29 June 2021 section 5(1) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B health information replaced 6 November 2021 section 41 End of Life Choice Act 2019 Section 112B NCSP information inserted 29 June 2021 section 5(3) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B NCSP register amended 29 June 2021 section 5(2) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B register information inserted 29 June 2021 section 5(3) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B screening test replaced 29 June 2021 section 5(4) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B specimen amended 29 June 2021 section 5(5) Health (National Cervical Screening Programme) Amendment Act 2021 Operation of NCSP Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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 66
2: If the Director-General wishes to appoint a particular person to perform particular functions in relation to the operation of the NCSP, and it is not reasonably practicable to appoint that person under section 66
3: The Director-General may appoint, either under section 66
4: The NCSP manager may direct a person appointed under section 66
5: The Director-General may direct the NCSP manager in relation to the performance of the NCSP manager's functions, and the NCSP manager must comply with the Director-General's direction. Section 112C inserted 1 July 2004 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112C(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 112C(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 112C(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 112C(4) amended 7 August 2020 section 135 Public Service Act 2020
112D: Objectives of NCSP
The objectives of the NCSP are to—
a: promote high quality cervical screening, assessment, and treatment services, while recognising and managing the differences between the various types of cervical cancer, with a view to reducing the incidence and mortality rate of cervical cancer; and
b: inform women and the community of the risks, benefits, and expected population health gains from participation in the NCSP; and
c: promote the regular recall of women who are enrolled in the NCSP for screening tests; and
d: facilitate continuous quality improvement by allowing and performing regular evaluations of the NCSP; and
e: 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112E: Enrolment in NCSP
1: The NCSP manager must enrol in the NCSP every woman who—
a: has a screening test, the result of which is reported to the NCSP; or
b: 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: is already enrolled in the NCSP; or
b: has cancelled her enrolment in the NCSP; or
c: has notified the NCSP manager, under section 112G(2) Section 112E inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112F: Duties of NCSP manager that relate to enrolled women
1: As soon as practicable after enrolling a woman in the NCSP, the NCSP manager must—
a: notify the woman that she has been enrolled in the NCSP; and
b: provide information to the woman about—
i: the importance of having regular screening tests; and
ii: 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: the objectives of the NCSP, including that of continuous quality improvement through evaluation; and
v: 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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 enrolled, may, at any time, notify the NCSP that she does not wish to be enrolled.
3: A notification under subsection (2) must—
a: be in the manner and form specified by the NCSP manager; and
b: 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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) section 112G(2)
a: 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
b: delete any information that relates to that woman from the current NCSP register; and
c: dispose of any information that is held by the NCSP manager in hard copy format and that relates to that woman by either—
i: returning it to her; or
ii: destroying it (if she requests that it be destroyed); and
d: while that woman is not enrolled in the NCSP,—
i: ensure that no information that is provided to the NCSP and that relates to that woman is included on the NCSP register; and
ii: return or destroy any information that is provided to the NCSP and that relates to that woman.
2: Subsection (1) does not apply to information that the NCSP manager determines 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.
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 information—
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 Section 112H inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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) Section 112I inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112J: Restriction on access to, and use, retention, and disclosure of, NCSP information
1: No person may access, use, retain, or disclose NCSP information if that information identifies a woman, except as provided by this section.
2: The following persons may access register information by directly accessing the NCSP register:
a: a health practitioner engaged by or on behalf of a woman to provide cervical screening services to that woman, for the purpose of providing cervical screening services in relation to that woman:
b: a health practitioner engaged to provide cervical screening services in relation to the woman by or on behalf of a health practitioner referred to in paragraph (a), for the purpose of providing cervical screening services in relation to that woman:
c: administrative support staff engaged by a health practitioner referred to in paragraph (a) or (b) who access the information at the direction of the health practitioner, for the purpose of providing cervical screening services in relation to that woman:
d: Health New Zealand
e: a person engaged by the Ministry of Health or Health New Zealand
f: a person authorised by the NCSP manager, for the purpose of providing information to any person authorised to receive it under subsection (3) or (4).
3: Register information may be disclosed by a person referred to in subsection (2)﻿(f), to—
a: a person authorised to access the NCSP register under subsection (2), for the authorised purpose; or
b: a person engaged by the Ministry of Health or Health New Zealand
c: a person engaged by the Ministry of Health or Health New Zealand
4: NCSP information may be accessed and disclosed by a person authorised for that purpose by the NCSP manager, if the disclosure is—
a: to a screening programme evaluator under section 112X(2)﻿(a)
b: to a review committee, in accordance with a request from that committee under section 112Q(1)
c: for the purpose of research, in accordance with regulations made under section 112ZF(1)﻿(a)
d: for the purpose of enabling the compilation and publication of statistics that do not enable the identification of the women to whom those statistics relate, unless the disclosure is prohibited by any regulations made under section 112ZF(1)﻿(b)
5: Any person who accesses or receives information in accordance with subsection (2), (3), or (4) may use and retain the information for the purpose of that subsection and any directly related purpose. Section 112J replaced 29 June 2021 section 6 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112J(2)﻿(d) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 112J(2)﻿(e) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 112J(3)﻿(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 112J(3)﻿(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
112JA: Further provisions relating to NCSP information
1: Nothing in section 112J
2: Nothing in section 112J see sections 112Q 112X 112Y 112ZE
3: Access to the NCSP register is subject to any conditions and procedures that the NCSP manager thinks necessary to impose or establish for the purpose of ensuring privacy and security of the material or information.
4: No person may amend the information stored on the NCSP register unless authorised for that purpose by the NCSP manager. Section 112JA inserted 29 June 2021 section 6 Health (National Cervical Screening Programme) Amendment Act 2021
112K: Delegation of functions and powers
1: 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) 112ZD(2)
2: 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.
3: 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 presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
6: A delegation under this section—
a: is revocable, in writing, at will; and
b: 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 continues 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.
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 clauses 2 3 Section 112K inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112K(8) amended 7 August 2020 section 135 Public Service Act 2020 Duties to provide information to women and to NCSP Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112L: Duties of persons taking specimens for screening tests
1: Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is that woman's first screening test in New Zealand, must—
a: 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
b: 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 screening 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112M: Duty of persons performing colposcopic procedure
1: Every person who performs a colposcopic procedure on a woman must—
a: explain the procedure to the woman; and
b: provide information, to the extent that is reasonable in the circumstances, about the objectives of the NCSP and the NCSP register, the importance of having regular screening tests, who has access to information on the NCSP register, and the uses to which that information may be put; and
c: 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
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: be provided free of charge; and
b: contain the information specified by the Director-General; and
c: be provided in the manner and form specified by the Director-General. Section 112M inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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: the specimen was obtained for the purpose of a screening test; or
b: the specimen was obtained for the purpose of a diagnostic test; or
c: the specimen—
i: was obtained during a surgical procedure; and
ii: includes a cervical component.
2: A report under subsection (1) must—
a: be provided free of charge; and
b: contain the information specified by the Director-General; and
c: be provided in the manner and form specified by the Director-General. Section 112N inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Review of NCSP and duty of Director-General to report Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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: the operation of the NCSP; and
b: evaluation activities of the kind described in section 112T
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 mortality rates of cervical cancer.
3: No person appointed to a review committee may be—
a: a member of Parliament; or
b: an officer or employee of the Ministry of Health; or
c: a person who is, or has been, designated under section 112U
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 manner, 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: on terms and conditions as to remuneration and other benefits that are in accordance with the appropriate fees framework determined by the Government for statutory and other bodies; and
b: on any other terms and conditions that the Minister considers appropriate. Section 112O inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112P: Work of review committee
1: Before beginning its review, the review committee must prepare a review plan.
2: In preparing its review plan, the review committee must—
a: ensure that the plan—
i: applies the focus referred to in section 112O(2)
ii: 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 warrant review, in relation to the operation of the NCSP or evaluation activities that have been, or are proposed to be, carried out; and
c: following that consultation, determine—
i: which issues are to be reviewed; and
ii: 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 committee must take into account—
a: the objectives of the NCSP; and
b: the need for fiscal responsibility.
5: The review committee may, subject to any written direction by the Minister, regulate its own procedure. Section 112P inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112Q: Review committee's access to information
1: 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.
2: 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).
3: To avoid doubt, the confidentiality obligations set out in section 112J Section 112Q inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112R: Report by review committee
1: The review committee must—
a: set out in a report—
i: the details of its review; and
ii: the conclusions it has reached; and
iii: 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112S: Duty of Director-General to report
The Director-General must, from time to time, provide information to the public on the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations. Section 112S inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Screening programme evaluators Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112T: Meaning of evaluate
1: For the purposes of this Part, evaluate
2: An evaluation may, from time to time, include a review of, and an investigation into, the cases of—
a: any woman who is enrolled in the NCSP (whether or not she has developed any cervical cancer); and
b: any woman who has developed any cervical cancer (whether or not she is enrolled in the NCSP); and
c: any deceased persons to whom paragraph (a) or paragraph (b) applied at the time of death. Section 112T inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112U: Director-General may designate screening programme evaluators
1: The Director-General may, at any time and entirely at his or her discretion, designate 1 or more persons as screening programme evaluators on whatever terms and conditions the Director-General considers appropriate.
2: The Director-General must specify the particular evaluation functions to be performed by each person whom he or she designates as a screening programme evaluator.
3: 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 person. Section 112U inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112V: Criteria for designating employees of Ministry
Despite section 112U
a: the person has the technical competence to undertake the functions of a screening programme evaluator; and
b: the Ministry and the person will appropriately manage any conflicts of interest that arise. Section 112V inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112W: Criteria for designating persons who are not Ministry employees
Despite section 112U
a: has, or employs persons who have, the technical competence to undertake the functions of a screening programme evaluator; and
b: has in place effective arrangements to avoid or manage any conflicts of interest that may arise; and
c: 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112X: Power of screening programme evaluators to access specimens and health information
1: For the purposes of this section, section 112ZB section 112ZC section 112ZD relevant woman
a: a woman who is enrolled in the NCSP; or
b: a woman who is not enrolled in the NCSP but who has developed any cervical cancer; or
c: 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) section 112U(3)
a: all information held by the persons operating the NCSP; and
b: all information on the cancer registry that relates to a relevant woman; and
c: 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: health practitioner; or
ii: laboratory; or
iii: hospital.
3: A screening programme evaluator may—
a: take copies of all information and records to which he or she has access; and
b: 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 subsection (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 Section 112X inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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 programme evaluator.
2: Despite subsection (1), a screening programme evaluator may—
a: 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
b: use and disclose evaluation material for the purpose of referring a concern 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
c: 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 practitioner; and
d: 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 publication in accordance with section 112ZA
3: Every screening programme evaluator must—
a: take appropriate measures to safeguard all evaluation material from use or disclosure for a purpose other than a purpose that is specified in subsection (1) or subsection (2); and
b: report to the Director-General any cases where evaluation material has been used or disclosed for an unauthorised purpose; and
c: return all evaluation material that was provided in hard copy or electronic 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
d: 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 purpose for which they were obtained; and
e: advise each person to whom the screening programme evaluator discloses 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: 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
b: 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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 programme evaluator, under section 112Y(2)﻿(a)
a: use that material only for the purpose for which it was supplied; and
b: take appropriate measures to safeguard that material from disclosure to any other person; and
c: return all evaluation material that was provided in hard copy or electronic form to the screening programme evaluator as soon as it is no 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 screening 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112ZA: Screening programme evaluator may publish non-identifiable information obtained during evaluation
1: Despite section 112Y(1)
a: the paper or article does not contain information that could identify any individual person, without that person's consent; and
b: the NCSP manager consents to the publication of the paper or article and to the timing of that publication; and
c: the publication of the paper or article is in accordance with any regulations 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Duties to provide information to screening programme evaluators Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112ZB: Duty of health practitioners
1: 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.
2: The Director-General may specify, by notice in writing to the health practitioner, 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. Section 112ZB inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112ZC: Duty of persons who hold specimens
1: 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 specimens that relate to a relevant woman.
2: 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 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 112ZC inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112ZD: Duty of hospitals
1: 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 programme evaluator to perform the screening programme evaluator's functions, any health information and specimens that relate to a relevant woman.
2: 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Miscellaneous Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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 perform his or her functions as an employee of that programme, including—
a: information that is held by or accessible to the persons operating the NCSP; and
b: 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
c: information and evaluation material provided to the NCSP by a screening 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: is appointed to operate that programme, or to perform particular functions in relation to the operation of that programme, by the Director-General or the Ministry; or
b: is employed to work in that programme by the Ministry or by the persons appointed to operate the programme.
3: Despite subsection (1), an employee of the NCSP must obtain any necessary approval under the regulations before—
a: disclosing any identifiable protected information to a person who is not an employee of the NCSP performing functions as an employee of the NCSP; or
b: using non-identifiable protected information for the purpose of disclosing it to a person who is not an employee of the NCSP performing functions as an employee of the NCSP.
4: The actions that an employee of the NCSP may take without obtaining prior approval under the regulations include (without limitation)—
a: accessing or using protected information on or from the NCSP register for the purposes of performing, and to the extent necessary to perform, their functions as an employee of the NCSP if that access or use does not involve the publication of protected information (for example, routine internal data analyses, data modelling, and data quality checking):
b: administering automatic electronic uploads, updates, or back-ups with or between NCSP information management systems:
c: administering updates of information to—
i: any electronic application in existence at the commencement of this subsection that is operated by the NCSP; or
ii: any electronic application approved by the National Kaitiaki Group:
d: using, disclosing, or publishing non-identifiable protected information that is—
i: publicly available; or
ii: provided through any electronic application referred to in paragraph (c).
5: In subsections (3) and (4),— identifiable protected information
a: is on or from the NCSP register; and
b: enables the identification of the individual or individuals to whom the information relates; and
c: identifies the individual or individuals as being Māori National Kaitiaki Group regulation 6 non-identifiable protected information
a: is on or from the NCSP register; and
b: identifies the individual or individuals to whom the information relates as being Māori; but
c: does not enable the identification of the individual or individuals regulations Health (Cervical Screening (Kaitiaki)) Regulations 1995
6: Subsection (3) is subject to section 22H Section 112ZE inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZE(3) inserted 29 June 2021 section 7 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZE(4) inserted 29 June 2021 section 7 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZE(5) inserted 29 June 2021 section 7 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZE(6) inserted 29 June 2021 section 7 Health (National Cervical Screening Programme) Amendment Act 2021
112ZF: Regulations
1: Regulations may be made under this Part for any 1 or more of the following purposes:
a: regulating access to information held by the NCSP by persons researching cancer:
b: prohibiting the disclosure, under section 112J(4)﻿(d)
c: imposing restrictions, in addition to those imposed by this Part, on the use, disclosure, and publication of information held by the NCSP:
d: prohibiting the use, disclosure, and publication of information from the NCSP register, or derived from the operation of the NCSP, if the information relates to any class or classes of person specified in the regulations, 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:
e: 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):
f: imposing restrictions on the publication by screening programme evaluators, under section 112ZA
g: prescribing standards that must be met by providers of screening, diagnostic, and treatment services relevant to the NCSP, and the means of implementing those standards:
h: prescribing offences for a breach of—
i: a regulation made under any of paragraphs (a) to (f):
ii: a standard prescribed under paragraph (g), or any part of that standard:
i: setting out defences to offences prescribed under paragraph (h):
j: setting the maximum penalty for each offence prescribed under paragraph (h), which must not exceed the maximum penalty specified in section 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: adequate and appropriate notice of the intention to make the regulations; and
b: 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: incorporate standards by reference; or
b: state that an amendment to, or replacement of, standards incorporated by reference has legal effect as part of the regulations.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 112ZF inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZF(1)﻿(b) amended 29 June 2021 section 8 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZF(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
112ZG: Incorporation of standards by reference in regulations
1: Regulations made under section 112ZF(1)﻿(g)
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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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 section 112ZF(1)﻿(g) Section 112ZH inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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
a: certified as a correct copy of the standards by the Director-General; and
b: 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
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) Section 112ZJ inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004
112ZK: Requirement to consult
1: This section applies to regulations made under section 112ZF(1)﻿(g)
a: incorporate standards by reference; or
b: 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
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
d:
e: give notice in the Gazette
i: the proposed standards are available for inspection during working hours free of charge, the place or places at which they can be inspected, and the period during which they can be inspected; and
ii: copies of the proposed standards can be purchased and the place or places at which they can be purchased; and
iii:
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
3: A failure to comply with this section does not invalidate regulations that incorporate standards by reference. Section 112ZK inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZK(2)﻿(d) repealed 14 April 2005 section 3(1)﻿(a) Health Amendment Act 2005 Section 112ZK(2)﻿(e)﻿(iii) repealed 14 April 2005 section 3(1)﻿(b) Health Amendment Act 2005 Section 112ZK(2A) inserted 14 April 2005 section 3(2) Health Amendment Act 2005
112ZL: Access to standards incorporated by reference
1: The Director-General—
a: must make the standards referred to in subsection (2) ( standards
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 Director-General considers appropriate in the circumstances (for example, on an Internet website); and
d: must give notice in the Gazette
i: the standards are incorporated in the regulations and the date on which the regulations were made; and
ii: 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
iii: copies of the standards can be purchased and the location of the place or places at which they can be purchased; and
iv: 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: standards incorporated by reference in regulations made under section 112ZF(1)﻿(g)
b: any amendment to, or replacement of, those standards that is incorporated 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 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZL(1) replaced 14 April 2005 section 4 Health Amendment Act 2005
112ZM: Application of Legislation Act 2019 to standards incorporated by reference
Subpart 1 section 114 Section 112ZM replaced 28 October 2021 section 3 Secondary Legislation Act 2021
112ZN: Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference
Section 112ZN repealed 5 August 2013 section 77(3) Legislation Act 2012
112ZO: Application of Standards and Accreditation Act 2015 not affected
Sections 112ZG to 112ZM sections 29 to 32 Section 112ZO replaced 1 March 2016 section 45(1) Standards and Accreditation Act 2015
112ZP: Offences
1: Every person commits an offence against this Act who, without reasonable excuse,—
a: fails to comply with the requirements of section 112Y(3)﻿(e) or (4)﻿(b) 112Z
b: accesses, uses, retains, or discloses any NCSP information or evaluation material in contravention of section 112J(1) 112Y(1)
c: amends any information stored on the NCSP register, without authority from the NCSP manager under section 112JA(4)
2: 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 112ZD
3: Every person who commits an offence under subsection (2) is liable on Section 112ZP inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZP(1) replaced 29 June 2021 section 9 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZP(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Artificial UV tanning services
Part 5 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016 Preliminary provision Heading inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016
113: Interpretation
In this Part, unless the context otherwise requires,— approved evidence of age document section 5(1) artificial UV tanning services UV Section 113 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016 Ban on provision of services to persons under 18 years Heading inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016
114: Ban on providing artificial UV tanning services to persons under 18 years
1: This section applies to owners and operators of premises providing artificial UV tanning services.
2: The owner or operator must not provide artificial UV tanning services to a person under the age of 18 years.
3: A person who contravenes subsection (2) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $2,000:
b: 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 practitioner 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: was in fact an approved evidence of age document; and
ii: related to the person to whom the artificial UV tanning services were provided; and
iii: indicated that the person to whom artificial UV tanning services were provided was aged 18 years or over. Section 114 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016 Infringement offences Heading inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016
115: Infringement offences
In this section and sections 116 to 116B infringement fee section 117(1)﻿(rb) infringement offence section 114 section 119(d) Section 115 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016
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 document under section 14
b: be served with an infringement notice as provided for in section 116A Section 116 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016
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: 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
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither 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
6: For the purposes of this section, the following persons are authorised to issue infringement notices under this section:
a: any environmental health officer:
b: 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 4 January 2017 section 22 Health (Protection) Amendment Act 2016
116B: Payment of infringement fees
1: Infringement fees for infringement notices issued on behalf of the Ministry are payable to the Ministry.
2: Infringement fees for infringement notices issued on behalf of a local authority are payable to the local authority. Section 116B inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016
5A: Fluoridation of drinking water
Part 5A inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116C: Purpose
The purpose of this Part is to—
a: enable the Director-General to direct a local authority to add fluoride or not to add fluoride to drinking water supplied through its local authority supply; and
b: require the local authority to comply with the direction. Section 116C inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116D: Interpretation
In this Part,— drinking water
a: means water that is used for—
i: human consumption; or
ii: oral hygiene; or
iii: preparing food, drink, or other products for human consumption; or
iv: washing utensils that are used for eating and drinking, or for preparing, serving, or storing food or drink for human consumption; but
b: does not include bottled water that is prepared or manufactured by a food business, and is regulated, under the Food Act 2014 local authority section 5(1) local authority supply
a: are used by a local government organisation to abstract, store, treat, transmit, or transport drinking water for supply to consumers; and
b: are controlled by a local authority local government organisation Section 116D inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
1: Direction relating to fluoridation of drinking water supply
Subpart 1 inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116E: Director-General may direct local authority to add or not to add fluoride to drinking water
1: The Director-General may direct a local authority to add or not to add fluoride to drinking water supplied through its local authority supply.
2: The Director-General must seek and consider advice from the Director of Public Health on the matters in subsection (3)﻿(a) and (b)﻿(i) before deciding whether to make a direction.
3: Before making a direction, the Director-General must consider—
a: scientific evidence on the effectiveness of adding fluoride to drinking water in reducing the prevalence and severity of dental decay; and
b: whether the benefits of adding fluoride to the drinking water outweigh the financial costs, taking into account—
i: the state or likely state of the oral health of a population group or community where the local authority supply is situated; and
ii: the number of people who are reasonably likely to receive drinking water from the local authority supply; and
iii: the likely financial cost and savings of adding fluoride to the drinking water, including any additional financial costs of ongoing management and monitoring.
4: For the purpose of subsection (3)﻿(b)﻿(i), the Director-General may take into account any evidence that the Director-General considers relevant.
5: As soon as practicable after making a direction, the Director-General must publish the direction and the reasons for the decision to make the direction on the Ministry of Health’s Internet site. Section 116E inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116F: Contents of direction
1: A direction must specify a date by which the local authority must comply with the direction, which must not be earlier than the date by which the Director-General considers it would be reasonably practicable for the local authority to comply.
2: A direction to add fluoride to drinking water must specify the level at which fluoride must be added.
3: A direction to add fluoride to drinking water may allow the local authority to supply, at 1 or more specified sites, water to which fluoride has not been added. Section 116F inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116G: Engagement with local authority
1: Before making a direction to add fluoride to drinking water, the Director-General must invite written comments from the relevant local authority on—
a: the estimated financial cost of adding fluoride to the drinking water, including any additional costs of ongoing management and monitoring; and
b: the date by which the local authority would be able to comply with a direction.
2: The Director-General must give the local authority at least 40 working days from the issuing of the invitation to provide its comments.
3: If the local authority provides comments within the specified time, the Director-General must—
a: have regard to the comments; and
b: if the Director-General decides to make a direction, summarise and respond to the comments in the reasons for the decision published under section 116E(5) Section 116G inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116H: Local authority not required to consult
A local authority that receives a direction under section 116E section 116G Section 116H inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116I: Local authority must comply with direction
1: A local authority that receives a direction under section 116E See Part 1
2: If the direction requires fluoride to be added to drinking water, the local authority must take all practicable steps to ensure that the specified level of fluoride is present in the water immediately before it is available for consumption.
3: Subsection (2) does not apply to a site specified under section 116F(3) Section 116I inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
2: Offences
Subpart 2 inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116J: Offence to contravene or permit contravention of section 116I
1: A local authority that contravenes or permits the contravention of section 116I
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $200,000; and
c: if the offence is a continuing one, is liable to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues.
2: The continued existence of any thing, or the intermittent repetition of any action, that constitutes an offence under this section is a continuing offence for the purposes of this section. Section 116J inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116K: Strict liability and defence to offence
1: In a prosecution for an offence against section 116J
2: It is a defence to a prosecution if the defendant proves—
a: that the defendant did not intend to commit the offence; and
b: that the defendant took all practicable steps to prevent the commission of the offence. Section 116K inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116L: Time for filing charging document
Despite anything to the contrary in section 25 section 116J Section 116L inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116M: Additional penalty for certain offences for commercial gain
1: If a person is convicted of an offence against section 116J
2: The court may order the person to pay an amount not exceeding—
a: 3 times the value of any commercial gain resulting from the commission of the offence; or
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).
3: For the purposes of subsection (1), the value of any gain (if readily ascertainable) must be assessed by the court, and any amount ordered to be paid under subsection (2)﻿(a) or (b) is recoverable in the same manner as a fine.
4: In this section, interconnected turnover section 2 Section 116M inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
116N: Liability of principal for acts of agents
1: If an offence is committed against section 116J person A person B
2: Despite subsection (1), if 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: they did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
ii: they 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 commission 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 section 116J
a: that the act that constituted the offence took place with their authority, permission, or consent; and
b: that they knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all practicable steps to prevent or stop it. Section 116N inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021
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: the improvement, promotion, and protection of public health:
b: the inspection, cleansing, purifying, disinfection, fumigation, and isolation of ships, aircraft, houses, buildings, yards, conveyances, drains, sewers, and things:
c: the destruction of insanitary
d: the vaccination of persons for the prevention of quarantinable diseases and other diseases, and the adoption of any other measures for the prevention and mitigation of disease:
da: the management of persons with, or suspected of having, infectious diseases, including persons subject to an urgent public health order or a court order under Part 3A
e: the provision of medical aid, transport, accommodation, and curative treatment for the sick:
f: the transportation and disposal of the dead:
g: the isolation, disinfection, and treatment of persons suffering from any infectious disease:
h: the isolation or medical observation and surveillance of persons suspected 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 infectious disease:
ha: the identification of, and communication with, contacts of persons with, or suspected of having, infectious diseases:
i: 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 movements and the preventive treatment of such persons:
j: 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:
k: the clinical, chemical, bacteriological, and other examinations and investigations 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:
l: the closing of schools or the regulation or restriction of school attendance to prevent or restrict the spread of any infectious disease:
m: prescribing the duties of parents or guardians of children who are suffering 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:
n: prescribing the accommodation to be provided in connection with boarding 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:
o: the regulation or restriction of the attendance of the public, or of any section of the public, at any place of public recreation or amusement or concourse, or the closing of any such places for admission to the public:
p: the regulation, restriction, or prohibition of the convening, holding, or attending of any public gatherings:
q: the regulation or restriction of traffic and the movements of persons within or from any area in which an infectious disease is prevalent:
r: prescribing the form and content of , veterinary surgeons, or persons in charge of laboratories
ra: prescribing identifying information for the purpose of section 74(3C)﻿(b)
rb: prescribing, for the purposes of section 115
i: in the case of an individual, may not exceed $1,000:
ii: in the case of a body corporate, may not exceed $5,000:
rc: prescribing, for the purposes of section 116A section 21 section 116A
s: the prohibition or regulation of the importation into New Zealand of any animal or thing likely to introduce or disseminate disease:
t: 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:
u: 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:
v: 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:
w: the protection of food from the infection of any communicable disease on any premises used for the manufacture, preparation, packing, storage
x: the organisation of local committees to assist in giving effect to the provisions of this Act in the event of epidemics of disease, and defining the powers of such committees:
y: prescribing or providing for the fixing of in respect of the inspection of premises expressly exempted from registration or in respect
z: prescribing offences in respect of the contravention of or non-compliance 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: regulating the importation, sale, exchange, supply, use, and disposal of needles and syringes, whether new or used:
b: empowering or requiring the Director-General to approve kinds of needles and syringes, and the packaging and labelling of needles and syringes, for importation into, or sale, exchange, or supply in New Zealand, and prohibiting the importation, sale, exchange, or supply of needles and syringes of any other kind or packaged or labelled in any other manner:
c: 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 regulations for any matter affecting public health
3: Where any local authority fails to make bylaws for any such matter as aforesaid, 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 administration of those regulations as the Director-General 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.
5: Regulations under this section are secondary legislation ( see Part 3
6: If regulations referred to in subsection (1A)﻿(c) empower the Director-General to fix fees or costs,
a: the instrument fixing the fees or costs see Part 3
b: the regulations must contain a statement to that effect. 1920 No 45 s 132(1)﻿(a)–(t), (z), (ac)–(ae), (2), (3); 1940 No 17 s 15(1)﻿(c), (2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (5) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 117(1)﻿(a) replaced 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 117(1)﻿(c) amended 1 July 1992 Building Act 1991 Section 117(1)﻿(da) inserted 4 January 2017 section 12(1) Health (Protection) Amendment Act 2016 Section 117(1)﻿(ha) inserted 4 January 2017 section 12(2) Health (Protection) Amendment Act 2016 Section 117(1)﻿(r) amended 4 January 2017 section 12(3) Health (Protection) Amendment Act 2016 Section 117(1)﻿(r) amended 3 November 1964 section 7(a) Health Amendment Act 1964 Section 117(1)﻿(ra) inserted 4 January 2017 section 12(4) Health (Protection) Amendment Act 2016 Section 117(1)﻿(rb) inserted 4 January 2017 section 12(4) Health (Protection) Amendment Act 2016 Section 117(1)﻿(rc) inserted 4 January 2017 section 12(4) Health (Protection) Amendment Act 2016 Section 117(1)﻿(w) amended 3 November 1964 section 7(b) Health Amendment Act 1964 Section 117(1)﻿(y) amended 20 October 1972 Health Amendment Act 1972 Section 117(1)﻿(y) amended 3 November 1964 section 7(c) Health Amendment Act 1964 Section 117(1A) inserted 13 January 1988 Health Amendment Act (No 2) 1987 Section 117(2) amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 117(3) amended 1 July 1993 section 31 Health Amendment Act 1993 Section 117(3) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 117(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 117(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 117(6) amended 28 October 2021 regulation 75(1) Legislation Act (Amendments to Legislation) Regulations 2021 Section 117(6)﻿(a) amended 28 October 2021 regulation 75(2) Legislation Act (Amendments to Legislation) Regulations 2021
118: Regulations as to quarantine
Regulations made under this Act may provide for all or any of the following matters:
a: 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:
b: the measures of disinfection, including the disinfection of any things, to be adopted in respect of any ship or aircraft on which any infectious disease exists or is reported to exist:
c: 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 quarantinable 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 maintenance while in isolation, and the exemption of any person, in whole or in part, from liability to make such payment:
d: the release of persons from quarantine, either unconditionally or subject to conditions as to medical surveillance or otherwise:
e: 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
f: the powers, functions, and duties of medical officers of health 1920 No 45 s 132(1)﻿(u)–(w); 1940 No 17 s 11(5) Section 118(c) replaced 3 November 1964 section 8 Health Amendment Act 1964 Section 118(cc) inserted 3 November 1964 section 8 Health Amendment Act 1964 Section 118(f) amended 1 April 1983 Health Amendment Act 1982
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: the regulation of the handling, storage, and disposal of noxious substances 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 prohibition or restriction of the employment of young persons therein:
b: the prohibition or restriction of the sale, for domestic use, of any apparatus 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:
c:
d: 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. 1920 No 45 ss 67(q), 132(2) Section 119(c) repealed 1 April 1974 Clean Air Act 1972 Section 119(d) inserted 8 December 1971 Health Amendment Act 1971
120: Regulations as to registration
1: Regulations made under this Act may provide for all or any of the following matters:
a:
b: the registration of persons qualified to embalm dead bodies, or to prepare the dead for burial or cremation, or to conduct funerals; and prohibiting, 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: as lodginghouses:
b: as eatinghouses:
c: for the manufacture, preparation, packing, storage, or handling
d: for the carrying on of any offensive trade
e: as stock saleyards:
f: as hairdressers' shops or barbers' shops:
g: as funeral directors' premises, that is to say premises in which persons registered under regulations made pursuant to paragraph (b) of subsection (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. 1920 No 45 s 132(1)﻿(aa); 1940 No 17 s 15(1)﻿(a), (b) Section 120(1)﻿(a) repealed 1 April 1977 section 68(2) Plumbers, Gasfitters, and Drainlayers Act 1976 Section 120(2)﻿(c) amended 3 November 1964 section 9(1) Health Amendment Act 1964 Section 120(2)﻿(d) amended 1 April 1974 Clean Air Act 1972 Section 120(2)﻿(f) inserted 3 November 1964 section 9(2) Health Amendment Act 1964 Section 120(2)﻿(g) inserted 3 November 1964 section 9(2) Health Amendment Act 1964
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—
a: prescribe, either by reference to other enactments or otherwise, minimum 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:
b: 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:
c: 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:
d: 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:
e: 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:
f: provide for the cancellation of such licences:
g: exempt or provide for the exemption of any such home or day-care centre or any class or classes of such homes or day-care centres from all or any of the provisions of the regulations:
h: provide for the granting of temporary licences in respect of homes and day-care centres which do not comply with the minimum standards prescribed:
i: prescribe the conditions subject to which persons may be accommodated in homes, whether those persons have attained the age of 65 years or not:
j: prescribe minimum standards of care to be provided for residents in homes and for aged persons in day-care centres:
k: prescribe activity programmes to be conducted for residents in homes and for aged persons in day-care centres:
l: prescribe the qualifications required for managers of homes:
m: prescribe training courses required to be undergone by persons employed in homes and day-care centres.
3: 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 Mental Health (Compulsory Assessment and Treatment) Act 1992
4: In this section the term home or by or through a civil union or de facto relationship and not being a licensed hospital within the meaning of the Hospitals Act 1957 Mental Health (Compulsory Assessment and Treatment) Act 1992
5: In this section the term day-care centre or by or through a civil union or de facto relationship
a: a home; or
b: any premises expressly excepted from the definition of home in subsection (4); or
c: 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 authority under, any other enactment. Section 120A replaced 1 July 1992 Building Act 1991 Section 120A(3) amended 1 July 1993 section 32(a) Health Amendment Act 1993 Section 120A(4) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 120A(4) amended 1 July 1993 section 32(b) Health Amendment Act 1993 Section 120A(5) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
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: prescribe, either by reference to other enactments or otherwise, minimum 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:
b: 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—
i: any application under the regulations:
ii: registration and the issue of licences under the regulations:
iii: the renewal of registration and licences under the regulations:
d: exempt or provide for the exemption of any person or class of persons from liability to pay any such fees:
e: prescribe conditions to govern, or that may be imposed in respect of, the grant, renewal, and transfer of registration and licences under the regulations:
f: require persons carrying on camping grounds to keep such descriptive plans, and such records, registers, and other documents as may be specified in the regulations, and prescribe the particulars to be shown on or entered in any such plan, record, register, or other document:
g: 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:
h: provide for the inspection of any such camping ground or of any class of such camping grounds:
i: provide for the cancellation of registration and licences under the regulations:
j: 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:
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 10 December 1976 section 2(1) Health Amendment Act 1976
120C: Regulations as to housing improvement and overcrowding
1: Subject to the Building Act 2004
a: the construction, condition, and situation of dwellinghouses, and the space about dwellinghouses:
b: the drainage, sanitation, ventilation, lighting, and cleanliness of dwellinghouses and of the land on which dwellinghouses are situated:
c: the repair of dwellinghouses:
d: the provision in respect of dwellinghouses of a proper supply of potable
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 purposes:
a: 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:
b: prescribing methods of calculating the number of persons, the number of rooms, and the amount of the floor space, air space, or ventilation thereof:
c: prescribing offences in respect of the contravention of or non-compliance 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 30 November 1979 Health Amendment Act 1979 Section 120C(1) amended 31 March 2005 section 414 Building Act 2004 Section 120C(1) amended 1 July 1992 Building Act 1991 Section 120C(1)﻿(d) amended 1 July 2008 section 8 Health (Drinking Water) Amendment Act 2007
121: Regulations as to qualifications of
environmental health officers
1: Regulations made under this Act may prescribe the qualifications to be possessed by persons appointed by local authorities as environmental health officers
2: Any such regulations may prescribe the qualifications of fully qualified environmental health officers environmental health officers
3: Any such regulations may prescribe conditions subject to which persons who are not fully qualified as environmental health officers 1920 No 45 s 132(1)﻿(ab); 1940 No 17 s 5(1) Section 121 heading amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 121(1) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 121(2) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 121(3) amended 26 July 1988 section 2(4) Health Amendment Act 1988
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: the minimum periods for which health information or specimens health information or specimens
b: the safeguards to be taken by any holder, or any class or classes of holder, of health information or specimens health information or specimens health information or specimens
i: loss, damage, or destruction:
ii: access, use, modification, or disclosure, except where properly authorised:
iii: other misuse:
c: 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 health information or specimens that information or those specimens
2: In this section, health information section 22B and specimen Section 121A inserted 1 July 1993 Health Amendment Act (No 2) 1993 Section 121A(1)﻿(a) amended 7 March 2005 section 5(1) Health (National Cervical Screening Programme) Amendment Act 2004 Section 121A(1)﻿(b) amended 7 March 2005 section 5(2) Health (National Cervical Screening Programme) Amendment Act 2004 Section 121A(1)﻿(c) amended 7 March 2005 section 5(3) Health (National Cervical Screening Programme) Amendment Act 2004 Section 121A(1)﻿(c) amended 7 March 2005 section 5(4) Health (National Cervical Screening Programme) Amendment Act 2004 Section 121A(2) amended 7 March 2005 section 5(5) Health (National Cervical Screening Programme) Amendment Act 2004
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
2: 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.
3: 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).
4: So far as the bylaws of any local authority in force in any locality are inconsistent 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.
5:
6: The Minister, before recommending the making of any regulations under section 117 section 119 section 2 must consult the Environmental Protection Authority established by section 7
7: A notice under this section is secondary legislation ( see Part 3 1920 No 45 s 133 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 122(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 122(5) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989 Section 122(6) inserted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 122(6) amended 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 122(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Miscellaneous provisions
123: Powers of
Director-General
1:
a: fails to commence or to complete the provision, alteration, or extension of those works within such time as the Director-General section 25
b: has, in the opinion of the Director-General the Director-General may, at the direction of the Minister,
2: Where any local authority otherwise fails to exercise any power or perform any duty under this Act, the Director-General himself or herself
3: For the purposes of this section the Director-General
4: 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
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 administration, 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 1920 No 45 s 143; 1951 No 44 s 7 Section 123 heading amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(1) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(1)﻿(a) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(1)﻿(b) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(2) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(3) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(4) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(5) replaced 1 July 1993 section 33 Health Amendment Act 1993 Section 123(6) replaced 1 July 1993 section 33 Health Amendment Act 1993 Section 123(7) replaced 1 July 1993 section 33 Health Amendment Act 1993 Section 123(7) amended 25 January 2005 section 65R(3) Public Finance Act 1989
123A: Mandamus
The Minister High Court Section 123A inserted 3 November 1964 section 11 Health Amendment Act 1964 Section 123A amended 1 October 1988 section 4(3) Health Amendment Act 1988 Section 123A amended 1 April 1980 section 12 Judicature Amendment Act 1979
124: Constitution and powers of boards of appeal
Section 124 repealed 14 November 2018 section 75 Tribunals Powers and Procedures Legislation Act 2018
125: Medical examination of children
1: In this section,— early childhood education and care centre State school section 10(1) private school section 214
2: Any medical officer employed in the Ministry or other person , 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 State school
3: The powers conferred by subsection (2) may be exercised in respect of any private 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. Section 125 replaced 23 November 1967 Health Amendment Act 1967 Section 125(1) replaced 1 August 2020 section 668 Education and Training Act 2020 Section 125(2) amended 1 August 2020 section 668 Education and Training Act 2020 Section 125(2) amended 24 October 2018 section 24 Education Amendment Act 2018 Section 125(2) amended 1 July 1993 section 35 Health Amendment Act 1993 Section 125(2) amended 30 November 1979 Health Amendment Act 1979
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 any appropriate hospital or institution
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 1920 No 45 s 142; 1940 No 17 s 13 Section 126(1) amended 1 March 2017 section 261 District Court Act 2016 Section 126(1) amended 1 July 1993 section 36 Health Amendment Act 1993 Section 126(3) amended 26 July 1988 section 2(4) Health Amendment Act 1988
126A: Persons attempting to commit suicide
Section 126A repealed 1 July 1993 section 37(1) Health Amendment Act 1993
126B: Blood transfusions
Section 126B repealed 1 July 2005 section 151 Care of Children Act 2004
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 public health 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 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995
128: Power of entry and inspection
For the purposes of this Act any medical officer of health, or any health protection officer 1920 No 45 s 134; 1940 No 17 s 18 Section 128 amended 26 July 1988 section 2(5) Health Amendment Act 1988
128A: Building Act 2004
1: Where any person making an inspection in accordance with section 128 Building Act 2004
2: For the purposes of this section, the terms building sitework territorial authority Building Act 2004 Section 128A inserted 1 July 1992 Building Act 1991 Section 128A heading amended 31 March 2005 section 414 Building Act 2004 Section 128A(1) amended 31 March 2005 section 414 Building Act 2004 Section 128A(2) amended 31 March 2005 section 414 Building Act 2004
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, , or failed or refused to act,
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 High Court , or failed or refused to act,
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: 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
5: In granting leave to bring any such proceedings as aforesaid, the Judge may limit the time within which such leave may be exercised.
6: 1940 No 17 s 14 Section 129(1) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(1) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(2) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(2) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 129(4) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(6) repealed 15 November 2021 section 206(1) Water Services Act 2021
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: 1920 No 45 s 140 Section 130(2) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 130(3) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002
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
2: 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 representative.
3: 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 manner as may be directed by the High Court
3A: 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 document on any 5 of those persons shall, without prejudice to the provisions of subsection (5) of section 42
4: Notwithstanding anything in the foregoing provisions of this section, the High Court 1920 No 45 s 136 Section 131(1) amended 26 July 1988 section 8 Health Amendment Act 1988 Section 131(3) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 131(3A) inserted 3 November 1964 section 12 Health Amendment Act 1964 Section 131(4) amended 1 April 1980 section 12 Judicature Amendment Act 1979
132: Procedure in respect of charges on land
Where by this Act any money is declared to be a charge on any land the following provisions shall apply:
a: 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
b: 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:
c: the charge may be registered under the provisions of subpart 5
d: except as hereinafter provided, the charge shall, on registration, have priority over all existing or subsequent mortgages, charges, or encumbrances howsoever created. Notwithstanding anything to the contrary in any other Act, if any land subject to the charge is also subject to a charge created 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. 1920 No 45 s 144 Section 132(a) amended 1 March 2017 section 261 District Court Act 2016 Section 132(b) replaced 1 July 2003 section 262 Local Government Act 2002 Section 132(c) amended 12 November 2018 section 250 Land Transfer Act 2017
132A: Bursaries
1: For the purpose of assisting suitable persons to qualify for professions, occupations, and callings concerned with the maintenance or promotion of public health, or for obtaining additional qualifications in such professions, occupations, 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.
3: Without limiting the power to make regulations under section 117
4: Any person to whom a bursary is awarded under this section (in this section referred to as the bursar 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 discharge of the bond.
5: 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.
6: 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 agreement, bond, or acknowledgement, whether executed before or after the commencement of this section, relating to any such bursary. Section 132A inserted 1 August 1965 section 13(1) Health Amendment Act 1964
133: Obstruction of officers
Every person commits an offence against this Act who wilfully obstructs, hinders, or resists any person in the execution of any powers conferred on him by or pursuant to this Act. 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 medical officer of health or any environmental health officer
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 premises when requested by a medical officer of health or any environmental health officer 1920 No 45 s 137 Section 134(1) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 134(2) amended 26 July 1988 section 2(4) Health Amendment Act 1988
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 occupier by the owner, the one who obstructs or hinders the other commits an offence against this Act. 1920 No 45 s 138
136: General penalty for offences
Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is provided elsewhere than in this section is liable on conviction $500 $50 1917 No 24 s 11; 1920 No 45 s 145(1) Section 136 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 136 amended 30 November 1979 Health Amendment Act 1979
137: Offences punishable on summary conviction
Section 137 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
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 Part 4A
a: standards, requirements, or recommended practices of national or international organisations:
b: 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
b: with modifications, additions, or variations specified in the instrument.
3: The incorporated material—
a: is the material as it exists at the time that the instrument is made or issued; and
b: forms part of the instrument for all purposes and has legal effect accordingly. Section 137A inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007
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: the amendment or replacement material is made by the person or organisation originating the incorporated material; and
b: the amendment or replacement material is of the same general character as the material amended or replaced; and
c: either,—
i: 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
ii: in the case of material incorporated in a compliance document, the Director-General, by notice in the Gazette Section 137B inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007
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
a: certified as a correct copy of the material by the Minister or, as appropriate, 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 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007
137D: Effect of expiry of material incorporated by reference
1: 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
2: A notice under this section is secondary legislation ( see Part 3
3: If the material is incorporated by reference in a compliance document, the Director-General must publish the notice in the Gazette The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 137D inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007 Section 137D(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 137D(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 137D(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
137E: Requirement to consult
1: This section applies if—
a: the Minister proposes to make a recommendation for—
i: regulations to be made under this Act that incorporate material by reference; or
ii: regulations under section 137B(c)﻿(i)
b: the Director-General proposes to—
i: issue a standard or other compliance document that incorporates material by reference; or
ii: publish, under section 137B(c)﻿(ii) Gazette
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
b: make copies of the proposed material available for purchase at a reasonable price at the Ministry's office in Wellington; and
c: give notice in the Gazette
i: 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
ii: 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
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
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 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007
137F: Access to material incorporated by reference
1: The Director-General—
a: must make the material referred to in subsection (2) ( material
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 Director-General considers appropriate in the circumstances (for example, on an Internet website); and
d: must give notice in the Gazette
i: the material is incorporated in an instrument and the date on which the instrument was made; and
ii: 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
iii: copies of the material can be purchased at all of the Ministry's offices and the location of those offices; and
iv: 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:
b: 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:
c: 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 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007
137G: Application of Legislation Act 2019 to material incorporated by reference
Subpart 1 section 114 Section 137G replaced 28 October 2021 section 3 Secondary Legislation Act 2021
137H: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
Section 137H repealed 5 August 2013 section 77(3) Legislation Act 2012
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. 1920 No 45 s 147
139: Consequential amendments
1: The enactments specified in Schedule 6
2: 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 borough health inspector, a town district health inspector, a county health inspector, or a Section 139(2) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979
140: Repeals and savings
1: The enactments specified in Schedule 7
2: The regulations and notices specified in Schedule 8
3: Without limiting the provisions of the Interpretation Act 1999
4:
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 1 November 1999 section 38(1) Interpretation Act 1999 Section 140(4) repealed 1 April 1970 Mental Health Act 1969