This Act is administered in the Ministry of Health
Title
1 Short Title and commencement
2 Interpretation
3 Power of Governor-General in Council to amend Schedules
Part 1Administration
Ministry of Health
3A Function of Ministry in relation to public health
3B Director of Public Health
3C Director-General to produce annual report on current state of public health
3D Director of Public Health may provide advice or reports to Minister
3E Public Health Group
3F Public Health Group to consult
4 Department of Health [Repealed]
5 Director-General of Health [Repealed]
5A Deputy Directors-General and Assistant Directors-General of Health [Repealed]
5B Delegation of powers by Director-General [Repealed]
6 Other officers and employees [Repealed]
6A Part-time Deputy Medical Officers of Health [Repealed]
7 Principal functions of Department [Repealed]
7A Medical Officers of Health and other officers
8 Conservation of public health in areas outside jurisdiction of local authorities
9 Delegation of powers by Minister [Repealed]
9A Advisory Committees and subcommittees [Repealed]
10 Annual Report [Repealed]
11 Board of Health [Repealed]
11A Chairman and Deputy Chairman [Repealed]
12 Remuneration and travelling allowances [Repealed]
13 Meetings and procedure of Board [Repealed]
14 Seal of Board [Repealed]
15 Secretary to Board [Repealed]
16 Functions of Board [Repealed]
17 Board may be appointed as a Commission of Inquiry [Repealed]
18 Committees of Board [Repealed]
18A Ad hoc subcommittees [Repealed]
Health districts
19 Health districts
20 Medical Officer of Health for every health district [Repealed]
21 Evidence of authority of Medical Officer or Health Protection Officer
22 Certain officers to have functions of Medical Officers of health
22A Powers of Departmental Officers under Factories and Commercial Premises Act 1981 [Repealed]
Personal information
22B Interpretation
22C Disclosure of health information
22D Duty to provide health information
22E Duty to provide information for purposes of blood collection
22F Communication of information for diagnostic and other purposes
22G Inspection of records
22H Anonymous health information
22I Offence to fail to retain health information [Repealed]
22J Expiry of section 22I
Part 2Powers and duties of local authorities
23 General powers and duties of local authorities in respect of public health
24 Governor-General may exempt certain local authorities [Repealed]
Sanitary works
25 Local authority to provide sanitary works
26 Appeal against requisition or determination of Board of Health [Repealed]
27 Local authority may raise loans for sanitary works
27A Grants and subsidies for refuse disposal works, sewerage works, and water supplies
Appointment of Environmental Health Officers
28 Appointment of Environmental Health Officers by local authorities
Nuisances
29 Nuisances defined for purposes of this Act
30 Penalties for permitting or causing nuisances
31 Provisions of this Act as to nuisances to be in addition to other rights
32 Provisions of this Act as to nuisances to apply to Crown
33 Proceedings in respect of nuisances
34 Power to abate nuisance without notice
35 Proceedings when nuisance caused by default outside district
Refuse and sanitary services
36 Local authorities to make provision for removal of refuse, etc [Repealed]
37 Further provisions as to removal of refuse, etc [Repealed]
38 Right of local authority to use portion of reserve for depot [Repealed]
Buildings
39 Requirements of dwellinghouses as to supply of water and sanitary conveniences
40 Sanitary requirements for business premises [Repealed]
41 Owners or occupiers may be required to cleanse premises
42 Local authority may require repairs and issue closing order
43 Appeal against closing order
44 Issue of closing order by Medical Officer of Health
45 Determination of closing order
46 Closing order for premises owned by local authority
47 Failure to comply with closing order
48 Local authority may require demolition [Repealed]
49 District Court may make demolition order [Repealed]
50 Issue of requisition by Medical Officer of Health [Repealed]
51 Enforcement of demolition order [Repealed]
52 Offences in respect of requisition or demolition order [Repealed]
53 Restriction on use of materials for building [Repealed]
53A Mortgagee may do acts required of owner
53B Provisions where owner is a trustee
53C Advances by local authority to owners
Offensive trades
54 Restrictions on carrying on offensive trade
55 Appeal against decision of local authority or Medical Officer of Health
56 [Repealed]
Animals
57 Local authority may restrict keeping of animals [Repealed]
58 Restrictions on establishment of stock saleyards
59 Appeal against decision of local authority or Medical Officer of Health
Pollution of watercourses, etc
60 Pollution of water supply
61 Control of watercourses, etc
62 Supply of water from polluted source
63 Powers of Director-General as to polluted water supply
Bylaws
64 Bylaws
65 General provisions as to bylaws
65A Effect of Building Act 2004 on bylaws
66 Penalties for breach of bylaws
67 Mode of making bylaws
68 Copies of bylaws to be available
69 Duties and powers of Harbour Boards [Repealed]
Part 3Infectious and notifiable diseases
70 Special powers of Medical Officer of Health
71 Powers of Medical Officer of Health on outbreak of infectious disease
71A Power of members of police to assist Medical Officer of Health in relation to infectious diseases
72 Offences relating to obstructing Medical Officer of Health or people assisting Medical Officer of Health
73 Medical Officer of Health may cause sanitary works to be undertaken
74 Medical practitioners to give notice of cases of notifiable disease
74AA Medical laboratories to give notice of cases of notifiable disease [Not in force]
74A National Cervical Screening Register [Repealed]
74B Medical laboratories may be required to give notice of cases of disease during epidemic
74C Priorities for medicines
74D Redirection of aircraft
75 Duty of occupier of premises as to infectious disease
76 Duty of master of vessel in harbour as to infectious disease
77 Medical Officer of Health may enter premises
78 Director-General of Health may order post-mortem examination
79 Isolation of persons likely to spread infectious disease
80 Offences in respect of infectious or communicable diseases
81 Power of local authority to disinfect premises
82 Medical Officer of Health may order premises to be disinfected
83 Infected articles may be destroyed
84 Establishment of mortuaries and disinfecting stations
85 Notice of death from infectious disease
86 Duties of local authorities as to burials
87 Compensation for persons injuriously affected
87A Communicable diseases occurring in animals
Venereal disease
88 Persons suffering from venereal disease to undergo treatment
89 Duty of medical practitioner as to patient suffering from venereal disease
90 Treatment of children
91 Persons other than medical practitioners treating venereal disease
92 Infecting any person with venereal disease
Part 3ATrading in human blood and controlled human substance
92A Interpretation
92B Trading in own blood or controlled human substance prohibited
92C Collection of blood or controlled human substance
92D Charging for administered blood or controlled human substance
92E Exemptions
92F Unauthorised advertising prohibited
92G Liability of employers, principals, and directors
92H Appointed entities to collect and distribute blood and controlled human substances
92I Exemption from Part 2 of Commerce Act 1986
92J Protection of appointed entities
92K Exemption from Part 2 of Commerce Act 1986 [Repealed]
92L Protection of trustees of blood transfusion trust [Repealed]
Part 4Quarantine
93 Port Health Officers [Repealed]
94 Places of inspection for ships
95 Infected places
96 Ships and aircraft liable to quarantine
97 People liable to quarantine
97A People liable to quarantine to comply with directions and supply information
97B Detention of craft and people
97C Lifting of detention of craft
97D Powers and duties of Medical Officer of Health or Health Protection Officer in relation to quarantinable diseases
97E Surveillance of certain people liable to quarantine
97F Children and people under disability
97G Offences against this Part
98 Continuance of liability to quarantine
99 Restrictions applying while ship liable to quarantine
100 Quarantine signal for ships
101 Inspection of ship or aircraft liable to quarantine
102 Ship's declaration of health
103 Aircraft declaration [Repealed]
104 Offences under last 2 preceding sections [Repealed]
105 Ship arriving from infected place
106 Ship with quarantinable disease on board
107 Grant of pratique
108 Persons suffering from quarantinable disease
109 Infected baggage, cargo, or stores
110 Disinfection and fumigation of craft
111 Power to board any ship and inspect
112 Offences
112AA Sections 70 and 71 and this Part operate independently
Part 4ANational Cervical Screening Programme
112A Purpose
112B Interpretation
Operation of NCSP
112C Appointment of persons to operate NCSP
112D Objectives of NCSP
112E Enrolment in NCSP
112F Duties of NCSP manager that relate to enrolled women
112G Procedure to prevent or cancel enrolment in NCSP
112H Duties of NCSP manager when women cancel enrolment in NCSP
112I Procedure to re-enrol in NCSP
112J Certain information held by NCSP must not be disclosed
112K Delegation of functions and powers
Duties to provide information to women and to NCSP
112L Duties of persons taking specimens for screening tests
112M Duty of persons performing colposcopic procedure
112N Duty of laboratories where specimens are analysed
Review of NCSP and duty of Director-General to report
112O Establishment of NCSP review committee
112P Work of review committee
112Q Review committee's access to information
112R Report by review committee
112S Duty of Director-General to report
Screening programme evaluators
112T Meaning of evaluate
112U Director-General may designate screening programme evaluators
112V Criteria for designating employees of Ministry
112W Criteria for designating persons who are not Ministry employees
112X Power of screening programme evaluators to access specimens and health information
112Y Duties of screening programme evaluators
112Z Duties of persons to whom evaluation material is supplied by screening programme evaluator
112ZA Screening programme evaluator may publish non-identifiable information obtained during evaluation
Duties to provide information to screening programme evaluators
112ZB Duty of health practitioners
112ZC Duty of persons who hold specimens
112ZD Duty of hospitals
Miscellaneous
112ZE Screening programme employees may retain, access, use, and disclose information to perform functions
112ZF Regulations
112ZG Incorporation of standards by reference in regulations
112ZH Effect of amendments to, or replacement of, standards incorporated by reference in regulations
112ZI Proof of standards incorporated by reference
112ZJ Effect of expiry or revocation of standards incorporated by reference
112ZK Requirement to consult
112ZL Access to standards incorporated by reference
112ZM Acts and Regulations Publication Act 1989 not applicable to standards incorporated by reference
112ZN Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference
112ZO Application of Standards Act 1988 not affected
112ZP Offences
Part 5Air pollution
113 [Repealed]
114 [Repealed]
115 [Repealed]
116 [Repealed]
Part 6Regulations
117 Regulations as to public health
118 Regulations as to quarantine
119 Regulations as to noxious substances and gases and dangerous goods
120 Regulations as to registration
120A Regulations as to homes and day-care centres for aged persons
120B Regulations as to camping grounds
120C Regulations as to housing improvement and overcrowding
121 Regulations as to qualifications of Environmental Health Officers appointed by local authorities
121A Regulations as to retention of health information
122 Special provisions as to regulations
Part 7Miscellaneous provisions
123 Powers of Board of Health on default by local authority
123A Mandamus
124 Constitution and powers of Boards of Appeal
125 Medical examination of children
126 Infirm and neglected persons
126A Persons attempting to commit suicide [Repealed]
126B Blood transfusions [Repealed]
127 Attendance of Medical Officer of Health at meetings of local authorities
128 Power of entry and inspection
128A Building Act 2004
129 Protection of persons acting under authority of Act
130 Expenses of local authorities
131 Service of documents
132 Procedure in respect of charges on land
132A Bursaries
133 Obstruction of officers
134 Failure to disclose name of owner or occupier
135 Interference by owner or occupier
136 General penalty for offences
137 Offences punishable on summary conviction
138 Other Acts not affected
139 Consequential amendments
140 Repeals and savings
Schedule 1Infectious diseases
Schedule 2Diseases notifiable to Medical Officer of Health (other than notifiable infectious diseases)
Schedule 3Offensive trades
Schedule 4Chemical works
[Repealed]
Schedule 5Noxious or offensive gases
Schedule 6Enactments amended
Schedule 7Enactments repealed
Schedule 8Regulations and notices revoked
An Act to consolidate and amend the law relating to public health
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: