Health Act 1956

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2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Aerodrome has the same meaning as in the Civil Aviation Act 1990

    Aerodrome: in this definition a reference to the Civil Aviation Act 1964 were substituted, as from 17 November 1964, for references to the Civil Aviation Act 1948 pursuant to section 34 Civil Aviation Act 1964 (1964 No 68). That reference was in turn substituted, as from 1 September 1990, by references to the Civil Aviation Act 1990 pursuant to section 101(1) Civil Aviation Act 1990 (1990 No 98).

    Aircraft has the same meaning as in the Civil Aviation Act 1990

    Aircraft: in this definition a reference to the Civil Aviation Act 1964 were substituted, as from 17 November 1964, for references to the Civil Aviation Act 1948 pursuant to section 34 Civil Aviation Act 1964 (1964 No 68). That reference was in turn substituted, as from 1 September 1990, by references to the Civil Aviation Act 1990 pursuant to section 101(1) Civil Aviation Act 1990 (1990 No 98).

    Animal includes any bird, reptile, amphibian, or insect

    Board

    [Repealed]

    Board: this definition was omitted, as from 1 October 1988, by section 4(3) Health Amendment Act 1988 (1988 No 99).

    Carrier, in relation to any infectious disease, means any person having in his blood, or in his nose or throat, or in his excretions, or in his discharges, the specific infectious agent of that disease, though he may exhibit no other sign or symptom of that disease

    Chemical works

    [Repealed]

    Chemical works: this definition was omitted, as from 1 April 1974, by section 56(1) Clean Air Act 1972 (1972 No 31).

    Cleansing, in relation to any building, includes lime-washing, papering, painting, and the destruction of vermin

    Communicable disease includes any infectious disease, tuberculosis, venereal disease, and any other disease declared by the Governor-General, by Order in Council, to be a communicable disease for the purposes of this Act

    Contact, in relation to any infectious disease, means any person who has been exposed to risk of infection from an infectious disease within a period not exceeding the prescribed period of incubation of that disease

    craft means an aircraft, ship, or other device or machine, that can be used to carry or transport people or goods—

    • (a) by air; or

    • (b) on or under water

    craft: this definition was inserted, as from 19 December 2006, by section 4(1) Health Amendment Act 2006 (2006 No 86).

    Director-General means the chief executive under the State Sector Act 1988 of the Ministry of Health; and, in relation to any power or function delegated by that chief executive, includes any person to whom that chief executive has delegated that power or function

    Director-General: the original definition was amended, as from 30 November 1979, by section 2(2) Health Amendment Act 1979 (1979 No 64).

    Director-General: this definition was substituted, as from 1 July 1993, by section 2(1) Health Amendment Act 1993 (1993 No 24).

    district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000

    district health board: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Dwellinghouse means any building, tent, caravan, or other structure or erection, whether permanent or temporary, that is used or intended to be used in whole or in part for human habitation, and includes the land and any outbuildings and appurtenances belonging thereto or usually enjoyed therewith

    Environmental Health Officer means an Environmental Health Officer appointed under section 28 of this Act or a Health Protection Officer

    Environmental Health Officer: the original definition was inserted, as from 26 July 1988, by section 2(1) Health Amendment Act 1988 (1988 No 99).

    Environmental Health Officer: this definition was substituted, as from 1 July 1993, by section 2(2) Health Amendment Act 1993 (1993 No 24).

    epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006

    epidemic management notice: this definition was inserted, as from 19 December 2006, by section 4(1) Health Amendment Act 2006 (2006 No 86).

    epidemic notice means a notice under section 5(1) of the Epidemic Preparedness Act 2006

    epidemic notice: this definition was inserted, as from 19 December 2006, by section 4(1) Health Amendment Act 2006 (2006 No 86).

    Health Protection Officer means a person designated by the Director-General as a Health Protection Officer under this Act

    Health Protection Officer: the original definition was inserted, as from 26 July 1988, by section 2(2) Health Amendment Act 1988 (1988 No 99)

    Health Protection Officer: this definition was substituted, as from 1 July 1993, by section 2(3) Health Amendment Act 1993 (1993 No 24).

    hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

    Hospital: the original definition was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words an area health board or.

    Hospital: this definition was substituted, as from 1 July 1993, by section 2(4) Health Amendment Act 1993 (1993 No 24).

    Hospital: this definition was substituted, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93). See section 11 of that Act for transitional provisions.

    Infectious disease means any disease for the time being specified in Part 1 or Part 2 of Schedule 1 to this Act

    Inspector

    [Repealed]

    Inspector: this definition was amended, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Inspector: this definition was omitted, as from 26 July 1988, by section 2 Health Amendment Act 1988 (1988 No 99).

    Inspector of Health

    [Repealed]

    Inspector of Health: this definition was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134).

    Inspector of Health: this definition was omitted, as from 26 July 1988, by section 2 Health Amendment Act 1988 (1988 No 99).

    local authority means a territorial authority within the meaning of the Local Government Act 2002

    Local authority: this definition was amended, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).

    Local authority: this definition was substituted, as from 1 July 1993, by section 2(5) Health Amendment Act 1993 (1993 No 24).

    Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Medical Officer of Health means the Medical Officer of Health appointed under this Act for a health district, and includes any Deputy Medical Officer of Health; and, for the purposes of Part 4 of this Act, includes any medical practitioner acting under the direction of the Medical Officer of Health

    Medical Officer of Health: this definition was amended, as from 26 November 1982, by section 2(a) Health Amendment Act 1982 (1982 No 34) by omitting the words except section 93 thereof,.

    Medical Officer of Health: this definition was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words or appointed under the Area Health Boards Act 1983 by an area health board.

    Medical Officer of Health: this definition was amended, as from 1 July 1993, by section 2(6) Health Amendment Act 1993 (1993 No 24) by omitting the words or appointed under the Area Health Boards Act 1983 by an area health board.

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

    medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    Minister means the Minister of Health

    Ministry of Health means the department of the Public Service referred to by that name; and Ministry has a corresponding meaning

    Ministry of Health: this definition was inserted, as from 1 July 1993, by section 2(7) Health Amendment Act 1993 (1993 No 24).

    Notifiable disease means any notifiable infectious disease, and any disease for the time being specified in Schedule 2 to this Act

    Notifiable infectious disease means any infectious disease for the time being specified in Part 1 of Schedule 1 to this Act

    Noxious or offensive gas

    [Repealed]

    Noxious or offensive gas: this definition was omitted, as from 1 April 1974, by section 56(1) Clean Air Act 1972 (1972 No 31).

    Offensive trade means any trade, business, manufacture, or undertaking for the time being specified in Schedule 3 to this Act

    Owner, in relation to any land or premises, means the person for the time being entitled to receive the rent of the land or premises, whether on his own account or as the agent of or trustee for any other person, or who would be so entitled if the land or premises were let at a rent, and includes any person for the time being registered under the Land Transfer Act 1952 as the proprietor of the land or premises

    passenger, in relation to a craft means any person in or on it who is not a member of its crew

    passenger: this definition was inserted, as from 19 December 2006, by section 4(1) Health Amendment Act 2006 (2006 No 86).

    personal health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

    personal health: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

    personal health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

    personal health services: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Port Health Officer

    [Repealed]

    Port Health Officer: this definition was omitted, as from 26 November 1982, by section 2(b) Health Amendment Act 1982 (1982 No 34).

    Premises includes a ship or an aircraft

    Prescribed means prescribed by this Act or by regulations or bylaws thereunder

    public health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

    public health: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

    public health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

    public health services: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).

    quarantinable disease means a disease stated in Part 3 of Schedule 1

    Quarantinable disease: this definition was amended, as from 28 November 1982, by section 2(c) Health Amendment Act 1982 (1982 No 34) by substituting the words or yellow fever for the words yellow fever, smallpox, typhus, or relapsing fever.

    Quarantinable disease: this definition was substituted, as from 19 December 2006, by section 4(1) Health Amendment Act 2006 (2006 No 86).

    Ship includes every description of vessel used in navigation

    Smoke includes any fumes, gases, dust, soot, grit, or other matters produced in the process of combustion

    Venereal disease means gonorrhoea, gonorrhoeal ophthalmia, syphilis, soft chancre, venereal warts, or venereal granuloma.

    (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) of this section, 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 of Schedule 1 by adding or omitting the name of a disease, or substituting a new name for a disease.

    Subsection (3) was inserted, as from 19 December 2006, by section 4(2) Health Amendment Act 2006 (2006 No 86).