New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 18 December 2007
| Public Act | 1956 No 65 |
| Date of assent | 25 October 1956 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Health
4 Department of Health [Repealed]
5 Director-General of Health [Repealed]
5B Delegation of powers by Director-General [Repealed]
6 Other officers and employees [Repealed]
6A Part-time Deputy Medical Officers of Health [Repealed]
7 Principal functions of Department [Repealed]
9 Delegation of powers by Minister [Repealed]
9A Advisory Committees and subcommittees [Repealed]
10 Annual Report [Repealed]
11 Board of Health [Repealed]
11A Chairman and Deputy Chairman [Repealed]
12 Remuneration and travelling allowances [Repealed]
13 Meetings and procedure of Board [Repealed]
14 Seal of Board [Repealed]
15 Secretary to Board [Repealed]
16 Functions of Board [Repealed]
18 Committees of Board [Repealed]
18A Ad hoc subcommittees [Repealed]
22I Offence to fail to retain health information [Repealed]
Appointment of Environmental Health Officers
40 Sanitary requirements for business premises [Repealed]
48 Local authority may require demolition [Repealed]
49 District Court may make demolition order [Repealed]
51 Enforcement of demolition order [Repealed]
53 Restriction on use of materials for building [Repealed]
56 [Repealed]
Pollution of watercourses, etc
69 Duties and powers of Harbour Boards [Repealed]
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
74A National Cervical Screening Register [Repealed]
92K Exemption from Part 2 of Commerce Act 1986 [Repealed]
93 Port Health Officers [Repealed]
97D Powers and duties of Medical Officer of Health or Health Protection Officer in relation to quarantinable diseases
103 Aircraft declaration [Repealed]
104 Offences under last 2 preceding sections [Repealed]
Duties to provide information to women and to NCSP
Review of NCSP and duty of Director-General to report
Screening programme evaluators
112ZA Screening programme evaluator may publish non-identifiable information obtained during evaluation
Duties to provide information to screening programme evaluators
112ZE Screening programme employees may retain, access, use, and disclose information to perform functions
112ZH Effect of amendments to, or replacement of, standards incorporated by reference in regulations
112ZM Acts and Regulations Publication Act 1989 not applicable to standards incorporated by reference
113 [Repealed]
114 [Repealed]
115 [Repealed]
116 [Repealed]
121 Regulations as to qualifications of Environmental Health Officers appointed by local authorities
126A Persons attempting to commit suicide [Repealed]
126B Blood transfusions [Repealed]
Schedule 2
Diseases notifiable to Medical Officer of Health (other than notifiable infectious diseases)
[Repealed]
Schedule 5
Noxious or offensive gases
[Repealed]
[Repealed]
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:
(1) This Act may be cited as the Health Act 1956.
(2) Except as provided in section 113 hereof, this Act shall come into force on the 1st day of January 1957.
(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).
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 and 2 to this Act the name or description of any disease; or
(b) Add to or omit from the list of offensive trades set out in Schedule 3 to this Act, or the list of chemical works set out in Schedule 4 to this Act, or the list of noxious or offensive gases set out in Schedule 5 to this Act, the name or description of any trade, business, manufacture, undertaking, works, gas, or fumes,—
or otherwise amend any such list, and every such Order in Council shall have effect according to its tenor.
The heading “Ministry of Health”
was amended, as from 1 July 1993, by substituting the word “Ministry”
for the word “Department”
pursuant to section 3(a) Health Amendment Act 1993 (1993 No 24).
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.
Sections 3A to 3F were inserted, as from 22 January 1996, by section 13 Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
(1) There shall be a Director of Public Health, who shall be appointed under the State Sector Act 1988 by the Director-General.
(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; or
(b) Limits the functions of the Ministry or of any other person or body.
Sections 3A to 3F were inserted, as from 22 January 1996, by section 13 Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
(1) Without limiting section 43 of the Public Finance Act 1989, the Director-General shall in each year give to the Minister a report on the current state of public health in New Zealand.
(2) The Minister shall lay a copy of the report before the House of Representatives not later than the 12th sitting day of the House of Representatives after the date on which the Minister receives the report.
Sections 3A to 3F were inserted, as from 22 January 1996, by section 13 Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Subsection (1) was amended, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113) by substituting the words “section 43 of the Public Finance Act 1989”
for the words “section 30(1) of the State Sector Act 1988”
.
(1) Without limiting section 3B of this Act, the Director of Public Health may from time to time, on the Director's own initiative (but only after consultation with the Director-General) or at the request of the Minister given after consultation with the Director-General,—
(a) 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) of this section 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.
Sections 3A to 3F were inserted, as from 22 January 1996, by section 13 Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
(1) There shall be a division of the Ministry called the Public Health Group.
(2) The Public Health Group shall consist of such employees of the Ministry as the Director-General from time to time determines.
(3) The Public Health Group 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.
(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.
Sections 3A to 3F were inserted, as from 22 January 1996, by section 13 Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
In order to ensure that the views of the public, persons involved in the provision of personal health services and public health services, and other persons are able to be considered in the formulation of the Public Health Group's advice to the Director-General under section 3E(3) of this Act, the Public Health Group shall institute a programme of regular consultation with such members of the public, persons involved in the provision of personal health services and public health services, and other persons as the Director-General (after consultation with the Minister) considers appropriate, but nothing in this section shall be taken to require such consultation before each and every occasion on which such advice is formulated.
Sections 3A to 3F were inserted, as from 22 January 1996, by section 13 Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Section 3F was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words “personal health services and public health services”
for the words “health services”
in both places where they appear.
[Repealed]
Subsection (2)(a), (b), and (e) were amended, by section 2(3) Health Amendment Act 1960 by substituting the word “Health”
for the word “Hygiene”
.
Subsection (3) was amended, by section 2(3) Health Amendment Act 1960 by substituting the word “Health”
for the word “Hygiene”
.
In subsection (3) the Mental Health Act 1969 has been substituted for the repealed Mental Health Act 1911.
Subsections (2) to (4) were repealed, as from 23 March 1987, by section 2(1) Health Amendment Act 1987 (1987 No 10)
Section 4 was repealed, as from 1 July 1993, by section 3(1)(a) Health Amendment Act 1993 (1993 No 24).
[Repealed]
Subsections (1) to (3) were substituted, as from 27 November 1970, by section 2(1) Health Amendment Act 1970 (1970 No 69).
Section 5 was substituted, as from 23 March 1987, by section 3(1) Health Amendment Act 1987 (1987 No 10).
Section 5 was repealed, as from 1 July 1993, by section 3(1)(b) Health Amendment Act 1993 (1993 No 24).
[Repealed]
Section 5B was inserted (as section 5A), as from 30 November 1979, by section 2(1) Health Amendment Act 1979 (1979 No 64).
Subsection (1) was substituted, as from 3 December 1982, by section 3 Health Amendment Act (No 2) 1982 (1982 No 35).
Subsection (1A) was inserted, as from 3 December 1982, by section 3 Health Amendment Act (No 2) 1982 (1982 No 35).
Section 5B was renumbered (from 5A), as from 23 March 1987, by section 3(2) Health Amendment Act 1987 (1987 No 10).
Section 5B was repealed, as from 1 July 1993, by section 3(1)(c) Health Amendment Act 1993 (1993 No 24).
[Repealed]
Section 6A was inserted, as from 9 October 1975, by section 2 Health Amendment Act 1975 (1975 No 78).
Section 6A was repealed, as from 1 July 1993, by section 3(1)(e) Health Amendment Act 1993 (1993 No 24).
[Repealed]
Paragraph (da) was inserted, as from 16 December 1980, by section 2 Health Amendment Act 1980 (1980 No 79).
Section 7 was repealed, as from 1 July 1993, by section 3(1)(f) Health Amendment Act 1993 (1993 No 24).
(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.
Section 7A was inserted, as from 1 July 1993, by section 4 Health Amendment Act 1993 (1993 No 24).
Subsection (2) was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95). See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).
(1) The improvement, promotion, and protection of public health in any outlying islands or other areas that are not for the time being within the jurisdiction of any local authority or of any Harbour Board shall be a function of the Ministry, which for the purposes of this section shall be deemed to be a local authority.
(2) The powers of the Ministry for the purposes of this section shall be exercisable by the Director-General or by any other officer or officers of the Ministry acting with the authority of the Director-General.
(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 has jurisdiction in accordance with this section, for the purpose of recouping the expenditure incurred by the Ministry in the exercise of its functions in such areas. All fees payable in accordance with such regulations shall be recoverable as a debt due to the Crown. For the purposes of this subsection, the term occupier, in relation to any land, includes a person in temporary occupation thereof, whether or not that person is in occupation as of right.
(5) Subject to the provisions of this section and to any regulations for the time being in force thereunder, all expenses incurred by the Ministry in the exercise of its powers and functions under this section shall be paid out of money to be appropriated by Parliament.
Subsection (1) was amended, as from 1 July 1993, by section 5 Health Amendment Act 1993 (1993 No 24) by substituting the word “Department”
for the word “Ministry”
.
Subsection (1) was amended, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84) by substituting the words “improvement, promotion, and protection of”
for the words “promotion and conservation of the”
. See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Subsections (2), (4) and (5) were amended, as from 1 July 1993, by section 5 Health Amendment Act 1993 (1993 No 24) by substituting the word “Department”
for the word “Ministry”
.
[Repealed]
Subsection (1) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 by inserting the words “or to any officer of an area health board”
.
Section 9 was repealed, as from 1 July 1993, by section 6(1)(a) Health Amendment Act 1993 (1993 No 24).
[Repealed]
Section 9A was inserted, as from 8 December 1971, by section 2 Health Amendment Act 1971 (1971 No 100).
Section 9A was substituted, as from 26 July 1988, by section 3(1) Health Amendment Act 1988 (1988 No 99).
Section 9A was repealed, as from 1 July 1993, by section 6(1)(b) Health Amendment Act 1993 (1993 No 24).
[Repealed]
Section 10 was repealed, as from 1 July 1993, by section 6(1)(c) Health Amendment Act 1993 (1993 No 24).
[Repealed]
Section 11 was substituted for the former section 11 (as variously amended), as from 3 December 1982, by section 4(1) Health Amendment Act (No 2) 1982 (1982 No 35).
Section 11 and the preceding heading were repealed, as from 1 October 1988, by section 4(2) Health Amendment Act 1988 (1988 No 99).
[Repealed]
Section 11A was inserted, as from 3 December 1982, by section 5 Health Amendment Act (No 2) 1982 (1982 No 35).
Section 11A was repealed, as from 1 October 1988, by section 4(2) Health Amendment Act 1988 (1988 No 99).
[Repealed]
Section 12 was substituted for the original section 12, as from 3 December 1982, by section 6 Health Amendment Act (No 2) 1982 (1982 No 35).
Sections 12 to 18 were repealed, as from 1 October 1988, by section 4(2) Health Amendment Act (1988 No 99).
[Repealed]
Subsection (2) was amended by section 3(3) Health Amendment Act 1960, by substituting the figure “7”
for the figure “6”
.
Subsections (3) and (3A) were substituted for the original subsection (3), as from 3 December 1982, by section 7(1) Health Amendment Act (No 2) 1982 (1982 No 35).
Subsection 6 was amended as from 3 December 1982, by section 7(2) Health Amendment Act (No 2) 1982 (1982 No 35).
Sections 12 to 18 were repealed, as from 1 October 1988, by section 4(2) Health Amendment Act (1988 No 99).
[Repealed]
Sections 12 to 18 were repealed, as from 1 October 1988, by section 4(2) Health Amendment Act (1988 No 99).
[Repealed]
Sections 12 to 18 were repealed, as from 1 October 1988, by section 4(2) Health Amendment Act (1988 No 99).
[Repealed]
Section 16 was substituted, as from 3 December 1982. by section 8 Health Amendment Act (No 2) 1982 (1982 No 35).
Sections 12 to 18 were repealed, as from 1 October 1988, by section 4(2) Health Amendment Act (1988 No 99).
[Repealed]
Sections 12 to 18 were repealed, as from 1 October 1988, by section 4(2) Health Amendment Act (1988 No 99).
[Repealed]
Section 18 was substituted for the original section 18, as from 3 December 1982, by section 9 Health Amendment Act (No 2) 1982 (1982 No 35).
Sections 12 to 18 were repealed, as from 1 October 1988, by section 4(2) Health Amendment Act (1988 No 99).
[Repealed]
Section 18A was inserted, as from 3 December 1982, by section 10 Health Amendment Act (No 2) 1982 (1982 No 35).
Section 18A was repealed, as from 1 October 1988, by section 4(2) Health Amendment Act 1988 (1988 No 99).
(1) For the purposes of this Act, the Director-General may from time to time, by notice in the Gazette, declare New Zealand or any part of New Zealand to be divided into health districts, with such names and boundaries as the Director-General thinks fit.
(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 was amended, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Section 19 was amended, as from 26 July 1988, by section 5(1) Health Amendment Act 1988 (1988 No 99).
Section 19 was substituted, as from 1 July 1993, by section 7(1) Health Amendment Act 1993 (1993 No 24).
The fact that any Medical Officer of Health or any Health Protection Officer exercises his functions in any health district shall be sufficient evidence of his authority to do so.
Section 21 was amended, as from 26 July 1988, pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99) by substituting the words “Health Protection Officer”
for the words “Inspector 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.
Section 22 (as variously amended) was substituted, as from 23 March 1987, by section 10(1) Health Amendment Act 1987 (1987 No 10).
Subsection (2) was amended, as from 1 July 1993, by section 9 Health Amendment Act 1993 (1993 No 24) by substituting the word “Ministry”
for the words “Head Office of the Department of Health”
.
Section 22 was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95). See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).
[Repealed]
Section 22A was inserted, as from 1 February 1982, by section 73(1) Factories and Commercial Premises Act 1981 (1981 No 25). See clause 2 Factories and Commercial Premises Act Commencement Order 1981 (SR 1981/277)).
Section 22A was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words “or, (as the case may require) of an area health board”
.
Section 22A was repealed, as from 1 April 1993, by section 62(1) Health and Safety in Employment Act 1992 (1992 No 96).
The heading “Personal information”
was inserted, as from 26 July 1988, by section 6 Health Amendment Act 1988 (1988 No 99).
In this section and sections 22C to 22H of this Act, unless the context otherwise requires,—
Agency has the same meaning as in section 2 of the Privacy Act 1993
Crown health enterprise
[Repealed]
Crown Health Enterprise: this definition was repealed, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Disability services
[Repealed]
Disability services: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Document has the same meaning as in section 2 of the Official Information Act 1982
Funder
[Repealed]
Funder: this definition was inserted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Health and Disability Services Amendment Act 1998 (1998 No 74).
Funder: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Health Benefits Limited has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993
Health Benefits Limited: this definition was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Health Funding Authority
[Repealed]
Health Funding Authority: this definition was inserted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Health Funding Authority: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Health information, in relation to an identifiable individual, means—
(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 that are being provided, or have been provided, to that individual:
(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 of this Act and for that purpose only, information—
(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:
Health information: paragraph (c) of the definition this definition was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the word “services”
for the words “health services or disability services”
.
Health services
[Repealed]
Health services: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Hospital and health service
[Repealed]
Hospital and health service: this definition was inserted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Hospital and health service: this definition was repealed, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
Individual means a natural person, and includes a deceased natural person
Public Health Commission
[Repealed]
Public Health Commission: this definition was omitted, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Purchaser
[Repealed]
Purchaser: this definition was repealed, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Regional health authority
[Repealed]
Regional health authority: this definition was repealed, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Representative, in relation to any individual, means,—
(a) Where the individual is dead, that individual's personal representative:
(b) Where the individual is under the age of 16 years, that individual's parent or guardian:
services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000.
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).
Sections 22B to 22F were inserted, as from 26 July 1988, by section 6 Health Amendment Act 1988 (1988 No 99).
Sections 22B to 22F were substituted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32).
Section 22B was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the expression “22H”
for the expression “22I”
.
(1) Any person (being an agency that provides services or arranges the provision of services) may disclose health information—
(a) If that information—
(i) Is required by any person specified in subsection (2) of this section; 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 46 of the Privacy Act 1993; or
(ii) If no such code of practice applies in relation to the information, by any of the information privacy principles set out in section 6 of that Act.
(2) The persons and purposes referred to in subsection (1)(a) of this section are as follows:
(a) Any medical officer of a prison within the meaning of the Corrections Act 2004, for the purposes of exercising or performing any of that person's powers, duties, or functions under that Act:
(b) Any probation officer within the meaning of the Corrections Act 2004, for the purposes of exercising or performing any of that person's powers, duties, or functions under any enactment:
(c) A Social Worker or a Care and Protection Co-ordinator within the meaning of the Children, Young Persons, and Their Families Act 1989, for the purposes of exercising or performing any of that person's powers, duties, or functions under that Act:
(d) Any employee of the department for the time being responsible for the administration of the Social Security Act 1964, for the purposes of administering section 75 of the Social Security Act 1964:
(e) Any member of the New Zealand Defence Force, for the purposes of administering the Armed Forces Discipline Act 1971 or the Defence Act 1990:
(f) Any member of the Police, for the purposes of exercising or performing any of that person's powers, duties, or functions:
(g) Any employee of the Ministry of Health, for the purposes of—
(i) Administering this Act or the Hospitals Act 1957; or
(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 or the Animal Products Act 1999:
(i) Any employee of Land Transport New Zealand, for statistical or research purposes in relation to road safety or the environment:
(j) any employee of a district health board, for the purposes of exercising or performing any of that board's powers, duties, or functions under the New Zealand Public Health and Disability Act 2000.
(3) For the purposes of principle 11(d) of the Privacy Act 1993, the disclosure of health information about an individual may be authorised—
(a) By that individual personally, if he or she has attained the age of 16 years; or
(b) By a representative of that individual.
Sections 22B to 22F were inserted, as from 26 July 1988, by section 6 Health Amendment Act 1988 (1988 No 99).
Sections 22B to 22F were substituted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32).
Subsection (1) was amended, as from 30 June 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the word “funder”
for the word “purchaser”
.
Subsection (1) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words “services or arranges the provision of services”
for the words “health services, or disability services, or both, or being a funder”
.
Subsection (2)(a) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “prison within the meaning of the Corrections Act 2004”
for the words “penal institution within the meaning of the Penal Institutions Act 1954”
. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (2)(b) was amended, as from 1 October 1998, by section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96), by substituting the words “department for the time being responsible for the administration of the Social Security Act 1964”
, for the words “Department of Social Welfare”
.
Subsection (2)(b) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by substituting the words “any enactment”
for the words “that Act”
. See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Subsection (2)(b) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “Corrections Act 2004”
for the words “Criminal Justice Act 1985”
. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (2)(i) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “Land Transport Safety Authority of New Zealand”
for the words “Ministry of Transport”
.
Subsection (2)(i) was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the words “Land Transport”
for the words “the Land Transport Safety Authority of”
. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Subsection (2)(j) was substituted, as from 30 June 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Subsection (2)(h) was substituted, as from 1 November 1999, by section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
(1) The Minister may at any time, by notice in writing, require any district health board to provide, in such manner as may from time to time be required, such returns or other information as is specified in the notice concerning the condition or treatment of, or the services provided to, any individuals in order to obtain statistics for health purposes or for the purposes of advancing health knowledge, health education, or health research.
(2) Subject to subsection (3), it is the duty of a district health board to provide the returns or other information specified in a notice given to it under subsection (1) within such time, and in such form, as is specified in the notice.
(3) No information that would enable the identification of an individual may be provided under this section unless—
(a) 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) of this section, 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.
Sections 22B to 22F were inserted, as from 26 July 1988, by section 6 Health Amendment Act 1988 (1988 No 99).
Sections 22B to 22F were substituted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32).
Subsections (1) and (2) were substituted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Subsection (1) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words “district health board”
for the words “funder or any hospital and health service”
.
Subsection (1) was further amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the word “services”
for the words “health services or disability services”
.
Subsection (2) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words “district health board”
for the words “funder or hospital and health service”
.
The Minister may, at any time, by notice in writing, require a district health board to provide to an entity appointed under section 92H, in such manner as the Minister specifies in the notice, such information as is specified in the notice, being health information of the kind referred to in paragraph (d) or paragraph (e) of the definition of that term in section 22B.
Sections 22B to 22F were inserted, as from 26 July 1988, by section 6 Health Amendment Act 1988 (1988 No 99).
Sections 22B to 22F were substituted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32).
Section 22E was amended, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74) by substituting the words “hospital and health service”
for the words “Crown health enterprise”
.
Section 22E was substituted, as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
Section 22E was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the words “district health board”
for the words “hospital and health service”
.
(1) Every person who holds health information of any kind shall, at the request of the individual about whom the information is held, or a representative of that individual, or any other person that is providing, or is to provide, services to that individual, disclose that information to that individual or, as the case requires, to that representative or to that other person.
(2) A person that holds health information may refuse to disclose that information under this section if—
(a) That person has a lawful excuse for not disclosing that information; or
(b) Where the information is requested by someone other than the individual about whom it is held (not being a representative of that individual), the holder of the information has reasonable grounds for believing that that individual does not wish the information to be disclosed; or
(c) Refusal is authorised by a code of practice issued under section 46 of the Privacy Act 1993.
(3) For the purposes of subsection (2)(a) of this section, 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 6 of the Privacy Act 1993—
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 8 of the Privacy Act 1993, and that Part of that Act, so far as applicable and with all necessary modifications, shall apply in relation to that complaint as if the refusal to which the complaint relates were a refusal to make information available in response to an information privacy request within the meaning of that Act.
(5) Nothing in subsection (4) of this section limits any other remedy that is available to any person who is aggrieved by any refusal to disclose information under this section.
Sections 22B to 22F were inserted, as from 26 July 1988, by section 6 Health Amendment Act 1988 (1988 No 99).
Sections 22B to 22F were substituted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32).
Subsection (1) was amended, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91) by substituting the word “services”
for the words “health services or disability services”
.
(1) In this section, provider means a person who has claimed payment for services from 1 or more of the following:
(a) the Ministry of Health:
(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.
(2) Every provider must, forthwith after a request by the Director-General or the chief executive of a district health board or of Health Benefits Limited, make available any records of the provider that relate to the services concerned for inspection—
(a) by a person authorised in writing by the Director-General or the chief executive of the district health board or Health Benefits Limited (as the case may be) for this purpose, being a person who holds a professional qualification relevant to the services provided by the provider or any other person the Director-General or the chief executive considers appropriate; and
(b) for the purpose of verifying the claim for payment.
(3) Any person authorised in accordance with subsection (2) to inspect the records of a provider may copy or take notes of those records for the purposes of the inspection.
Sections 22G to 22J were inserted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32).
Subsection (1) was substituted, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Subsection (1) was substituted, as from 1 July 1998, by section 5(4) Health and Disability Services Amendment Act 1998 (1998 No 74).
Subsections (1) and (2) were substituted, and subsection (3) was inserted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
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.
Sections 22G to 22J were inserted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32).
[Repealed]
Sections 22G to 22J were inserted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32). See section 22J of this Act as to the expiry of this section.
Section 22I of this Act shall expire with the close of—
(a) The 31st day of 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) The 1st day of January 1997; or
(d) The day after any date appointed pursuant to paragraph (b) of this section,—
whichever is the earlier, section 22I of this Act shall be deemed to have been repealed.
Sections 22G to 22J were inserted, as from 1 July 1993, by section 2 Health Amendment Act (No 2) 1993 (1993 No 32).
Section 22J was substituted, as from 9 December 1994, by section 2(1) Health Amendment Act (No 2) 1994 (1994 No 133).
Subject to the provisions of this Act, it shall be the duty of every local authority to improve, promote, and protect public health within its district, and for that purpose every local authority is hereby empowered and directed—
(a) To appoint all such Environmental Health Officers and other officers and servants as in its opinion are necessary for the proper discharge of its duties under this Act:
(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 of the Director-General, to enforce within its district the provisions of all regulations under this Act for the time being in force in that district:
(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 and sanitary conditions within its district as the Director-General or the Medical Officer of Health may require.
Section 23 was amended, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84) by substituting the words “improve, promote, and protect”
for the words “promote and conserve the”
. See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
The words “Environmental Health Officers”
in paragraph (a) were substituted, as from 26 July 1988, for the word “Inspectors”
pursuant to section 2(4) Health Amendment Act 1988 (1988 No 99).
Paragraph (d) was amended, as from 23 March 1987, by section 7(1) Health Amendment Act 1987 (1987 No 10) by omitting the words “of the Board of Health or”
.
Paragraph (e) was amended, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84) by substituting the words “public health”
for the words “the public health”
. See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Paragraph (f) was amended, as from 1 October 1988, by section 4(3) Health Amendment Act 1988 (1988 No 99).
Paragraph (f) was substituted, as from 1 July 1993, by section 10 Health Amendment Act 1993 (1993 No 24).
Paragraph (f) was substituted, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
[Repealed]
Subsection (1) amended was amended, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59) by inserting the words “or a District Council”
.
Subsection (4) was substituted, as from 23 March 1987, by section 7(1) Health Amendment Act 1987 (1987 No 10).
Subsection (4) was amended, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84) by substituting the words “improvement, promotion, and protection of”
for the words “promotion and conservation of the”
. See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Subsection (5) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134).
Subsection (5) was substituted, as from 1 July 1993, by section 11 Health Amendment Act 1993 (1993 No 24).
Subsection (5) was amended, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84) by substituting the words “improvement, promotion, and protection of”
for the words “promotion and conservation of the”
. See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Subsection (6) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134).
Subsection (6) was substituted, as from 1 July 1993, by section 11 Health Amendment Act 1993 (1993 No 24).
Section 24 was repealed, 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.
(1) For the purposes of this section, the term sanitary works means—
(a) Drainage works, sewerage works, and works for the disposal of sewage;
(b) Waterworks;
(c) 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) [Repealed]
(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,
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, from time to time require any local authority to provide for the benefit of its district, whether within or beyond the boundaries thereof, such sanitary works as the Minister may specify in the requisition or to alter or extend any sanitary works previously provided by the local authority. Any requisition issued under this subsection may specify a time, not being less than 3 months after the service of the requisition, within which proposals for the carrying out of the work shall be submitted to the Director-General under this section, and may contain such general directions relating to the carrying out of the work, including a direction as to the amount of expenditure to be incurred, as the Director-General thinks fit.
(3) Any 2 or more local authorities may with the Director-General's approval, and shall if so required by the Director-General, combine for the purpose of providing, altering, or extending any sanitary works pursuant to this section; and where they have combined or have been required to combine for that purpose a requisition under subsection (2) of this section may be issued to them jointly, and any reference in subsections (4) to (9) of this section to a local authority shall be construed accordingly.
(4) Every requisition issued under this section shall be in writing and shall be served on the local authority.
(5) Any such requisition as aforesaid may at any time in like manner be withdrawn or modified by a further requisition under this section:
Provided that—
(a) A requisition shall not, without the consent of the local authority to which it was issued, be modified or withdrawn after the Director-General has approved the proposals of that local authority:
(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 proposals for the provision, alteration, or extension of sanitary works in accordance with the requisition. The proposals shall include plans and specifications of the works and all other particulars of the work to be carried out, and an estimate of its cost.
(7) The Director-General may approve the proposals with or without modifications, which may include conditions subject to which the work is to be carried out, and the local authority shall carry out the work in accordance with the proposals as approved.
(8) If the local authority fails to submit proposals within the time specified in the requisition, or if the Director-General does not approve the proposals, the Director-General may himself make proposals, and any proposals so made by the Director-General shall have effect as if made and submitted by the local authority.
(9) Before making or modifying any proposals the Director-General shall send a draft of the proposals or modifications to the local authority and shall give the local authority an opportunity of making representations in relation to the draft. Notice of the Director-General's final determination on the proposals shall be served on the local authority.
(10) Any expenses actually incurred by the Director-General in making or modifying proposals under this section, together with a reasonable charge for services rendered by any officer or employee of the Director-General or of any Government Department in connection therewith, shall be defrayed by the local authority concerned in the proposals or, if there are 2 or more local authorities concerned, by those authorities in such proportions as the Director-General may, in default of agreement, determine. The expenses actually incurred may be paid in the first instance out of money appropriated by Parliament for the purpose.
(11) Any expenses so paid and any charges so made for services may be recovered as a debt due from the local authority or authorities to the Crown or may be deducted from any money payable by the Crown to the local authority or authorities.
(12) Any person authorised in writing in that behalf by the Medical Officer of Health may at any time during the office hours of a local authority, but not so as to interfere unreasonably with the carrying out of his duties by any officer of that local authority, inspect all documents in the local authority's possession 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.
Paragraph (1)(g) was repealed, as from 23 November 1973, by section 3 Health Amendment Act 1973 (1973 No 111).
Subsection (2) was amended, as from 23 March 1987, by section 7(3) Health Amendment Act 1987 (1987 No 10) by substituting the words “Minister may, by notice in the Gazette,”
for the words “Board of Health may”
.
Subsection (2) was amended, as from 23 March 1987, by section 7(3) Health Amendment Act 1987 (1987 No 10) by substituting the word “Minister”
for the word “Board”
.
Subsections (2) and (3) were amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by substituting the word “Director-General”
for the word “Board”
.
Subsection (3) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by substituting the word “Director-General's”
for the word “Board's”
.
Subsection (4) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by omitting the words “under the seal of the Board”
.
Subsection (5) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by substituting the word “Director-General”
for the word “Board”
.
Subsection (5)(b) was amended, as from 7 July 2004, by section 21 Local Government Act 1974 Amendment Act 2004 (2004 No 64) by substituting the words “raise a loan under section 27(2)”
for the words “make a special order under section 27 of this Act”
.
Subsections (6) to (9) were amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by substituting the word “Director-General”
for the word “Board”
.
Subsection (9) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by substituting the word “Director-General's”
for the word “Board's”
.
Subsection (10) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by substituting the word “Director-General”
for the word “Board”
.
Subsection (11) was substituted, as from 1 July 1993, by section 12 Health Amendment Act 1993 (1993 No 24).
[Repealed]
Section 26 was repealed, as from 23 March 1987, by section 7(3) Health Amendment Act 1987 (1987 No 10).
(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.
The reference to the Public Works Act 1981 in subsection (1) was substituted, as from 1 February 1982, for a reference to the Public Works Act 1928 pursuant to section 248(1) Public Works Act 1981 (1981 No 35).
Subsection (2) was amended, as from 28 March 1987, by section 7(1) Health Amendment Act 1987 (1987 No 10) by substituting the words “Board of Health”
for the word “Minister”
.
Subsection (2) was substituted, as from 1 July 1998, by section 16(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).
Subsection (2) 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.
(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 includes the Auckland Regional Authority.
Section 27A was inserted, as from 1 April 1970, by section 3(1) Health Amendment Act 1970 (1970 No 69).
Subsection (2) was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59)
Section 27A was substituted, as from 23 March 1987, by section 11(1) Health Amendment Act 1987 (1987 No 10).
(1) For the purposes of this Part of this Act, every local authority shall, subject to the provisions of any regulations made under this Act, appoint one 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) of this section 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 one 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) of this section shall be deemed for the purposes of this Part of this Act 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 the Crown Bank Account or any departmental bank account.
(7) Notwithstanding anything in the foregoing provisions of this section, any local authority may with the approval of the Director-General, instead of appointing any Environmental Health Officer as aforesaid, pay into the Crown Bank Account from time to time such sums as may be agreed on between the Director-General and the local authority towards the salary and expenses of a Health Protection Officer; and in any such case the powers, functions, and duties of an Environmental Health Officer within the district of that local authority shall be exercised and performed by such Health Protection Officer as for the time being is authorised in that behalf by the Director-General.
(8) No agreement entered into by a local authority for the purposes of subsection (7) of this section 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.
Subsection (1)(e) was substituted for the original paragraph (e) by section 8(3) Local Government Amendment Act 1979.
Subsections (2A) - (2C) were inserted by section 4 Health Amendment Act 1960.
Subsections (2A) and (2B) were amended, by section 7(2) Health Amendment Act 1987, by substituting the word “Director-General”
for the words “Board of Health”
.
Subsection (2B) was amended, by section 7(2) Health Amendment Act 1987, by substituting the words “Director-General”
and Director-General's for the words “Board”
and “Boards”
respectively.
Subsection (4) was amended by section 4(2) Health Amendment Act 1960, by inserting the words in square brackets.
Subsection (5) was amended by section 114(6) of the Public Finance Act 1979, by substituting a reference to the Consolidated Account for a reference to the “Consolidated Revenue Account”
(as substituted for a reference to the “Consolidated Fund”
).
Section 28 was substituted, as from 1 July 1993, by section 13 Health Amendment Act 1993 (1993 No 24).
Without limiting the meaning of the term nuisance, a nuisance shall be deemed to be created in any of the following cases, that is to say:
(a) Where any pool, ditch, gutter, watercourse, sanitary convenience, 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 are in such a state, as to be offensive or likely to be injurious to health:
(e) [Repealed]
(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 is likely to be injurious to health:
(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 the chimney of a private dwelling-house, sends out smoke in such quantity, or of such nature, or in such manner, as to be offensive or likely to be injurious to health, or in any manner contrary to any regulation or Act of Parliament:
(n) Where the burning of any waste material, rubbish, or refuse in 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.
Paragraph (d) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “are of such construction”
.
Paragraph (e) was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Paragraph (ka) was inserted, as from 20 October 1978, by section 2 Health Amendment Act 1978 (1978 No 96).
Paragraph (ka) was amended, as from 23 July 1993, by section 2 Health Amendment Act (No 3) 1993 (1993 No 71) by omitting the words “is offensive or”
.
Paragraph (m) was amended, as from 1 January 1983, by section 27(a) Clean Air Amendment Act 1982 (1982 No 31) by substituting the word “and”
for the words “but not including”
.
Paragraph (m) was amended, as from 1 January 1983, by section 27(b) Clean Air Amendment Act 1982 (1982 No 31).
(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) of this section.
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.
The provisions of this Act relating to nuisances including any regulations or bylaws thereunder, shall, unless otherwise specifically provided therein, apply to nuisances created by the Government or by any employee thereof in his capacity as such employee.
Section 32 was amended, as from 1 July 1993, by section 14 Health Amendment Act 1993 (1993 No 24) by substituting the word “employee”
for the word “officer”
.
(1) All proceedings under this Act in respect of nuisances shall be heard and determined by a District Court presided over by a District Court Judge alone.
(2) The Court, if satisfied that a nuisance exists on the premises, or that, though abated, it is likely to recur, may by order—
(a) 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) of this section 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 may himself examine the premises or authorise any other person to do so, and may direct the owner and the occupier of any other premises to be summoned in respect of the nuisance, and join them as parties to the proceedings.
The words “District Court”
and “District Court Judge”
were substituted for the words “Magistrates' Court”
and “Magistrate”
respectively, as from 1 April 1980 pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
(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 of the local authority, the Engineer or Environmental Health Officer, with such assistants as may be necessary, and without notice to the occupier, may enter on the premises and abate the nuisance.
(2) All expenses incurred in the abatement of a nuisance under this section shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred, as a debt due to the local authority.
The words “Environmental Health Officer”
in subsection (1) were substituted, as from 26 July 1988, for the word “Inspector”
pursuant to section 2(4) Health Amendment Act 1988 (1988 No 99).
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.
[Repealed]
Section 38 was repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).
(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 for the following matters, that is to say:
(a) An adequate and convenient supply of wholesome water available for the inmates of the dwelling:
(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 to a fine not exceeding $500 who contravenes or fails to comply in any respect with any of the provisions of this section.
(3) Where any building intended for use as a dwellinghouse is erected or rebuilt in contravention of this section, or where any building or part of a building is let or sublet as a dwellinghouse in contravention of this section, the owner of the building, or, in the case of any such subletting as aforesaid, the person for the time being entitled to receive the rent payable in respect of the subletting, shall be liable, in addition to any penalty under the last preceding subsection, to a fine not exceeding $50 for every day during which the building so erected or rebuilt or any part thereof, or, as the case may be, the building or part thereof so let or sublet, is inhabited while not in conformity with the requirements of this section.
Subsection (1) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the words “the building code and the Building Act 1991”
for the words “regulations or bylaws in force in the district, or, in the absence of such regulations or bylaws, to the satisfaction of the Medical Officer of Health,”
.
Subsection (1) was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “Building Act 2004”
for the words “Building Act 1991”
. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
Subsection (2) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expression “$500”
for the expression “$100”
.
Subsection (3) was amended by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expression “$50”
for the expression “$10”
.
[Repealed]
Subsection (1)(b) was amended, as from 26 November 1982, by section 3(1) Health Amendment Act 1982 (1982 No 34), by substituting the words in square brackets for the words “members of both sexes are so employed”
.
Subsection (1A) was inserted, as from 26 November 1982, by section 3(2) Health Amendment Act 1982 (1982 No 34).
Section 40 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
(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) to be served on the owner or occupier of the premises requiring him to cleanse the same in the manner and within the time specified in the order in that behalf.
(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.
(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) [Repealed]
(b) That any dwellinghouse within that district is, by reason of its situation or insanitary condition, likely to cause injury to the health of any persons therein, or otherwise unfit for human habitation; or
(c) [Repealed]
(d) [Repealed]
(e) That any dwellinghouse within that district does not comply with any regulations made under section 120C of this Act.
(2) In any case to which this section applies, the local authority may, and shall if so required by the Director-General, cause to be served on the owner of the premises, or his agent, a notice in writing requiring the owner to carry out any repairs, alterations, or works specified in the notice (hereinafter referred to as a repair notice) within a time to be specified in the notice, and stating that if the notice is not complied with an offence is committed and a closing order may be issued under this section. If the owner is not the occupier of the premises a copy of the notice shall be served on the occupier (if any). A copy of the notice shall also be served on every person having a registered interest in the land under any mortgage or other encumbrance.
(3) Where any such notice is not complied with to the satisfaction of the local authority, the local authority may, and shall if so required by the Director-General, issue an order (hereinafter referred to as a closing order) prohibiting the use of the premises for human habitation or occupation from a time to be specified in the order (being not less than 21 days after the issue of the order) until such repairs, alterations, or works as may be specified in the closing order have been carried out to the satisfaction of the local authority. The closing order shall be served forthwith on the occupier of the premises; and if the occupier is not the owner a copy shall be served on the owner or his agent. If the premises are unoccupied, the closing order shall be served on the owner or his agent. A copy of the closing order shall also be served on every person having a registered interest in the land under any mortgage or other encumbrance.
(4) Notwithstanding anything in subsection (2) or subsection (3) of this section, 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) of this section, 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) of this section.
Subsection (1)(a) was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsection (1)(b) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “structure or state of disrepair or”
.
Subsection (1)(d) was amended, as from 30 November 1979, by section 3(1) Health Amendment Act 1979 (1979 No 64) by inserting the word “; or”
.
Subsection (1)(c) and (d) were repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsection (1)(e) was inserted, as from 30 November 1979, by section 3(1) Health Amendment Act 1979 (1979 No 64).
Subsection (2) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by substituting the word “Director-General”
for the words “Board of Health”
.
Subsection (2) was amended, as from 23 March 1987, by section 12(1) Health Amendment Act 1987 (1987 No 10) by inserting the words “an offence is committed and”
.
Subsection (3) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by substituting the word “Director-General”
for the words “Board of Health”
.
Subsection (6) was inserted, as from 23 March 1987, by section 12 Health Amendment Act 1987 (1987 No 10).
(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 a District Court, within 14 days after the service on him of the closing order, or, as the case may be, the copy of the closing order, for an order cancelling or modifying the closing order.
(2) Pending the determination of any such application the closing order shall be deemed to be suspended.
(3) On the hearing of the application the Court, whose decision shall be final, may cancel the closing order, or may confirm it either absolutely or subject to such modifications and conditions as the Court thinks fit.
(4) Every application to the Court under this section shall be made and dealt with by way of originating application, on notice, under the rules of procedure for the time being in force under the District Courts Act 1947, and the provisions of those rules shall apply accordingly.
The words “District Court”
were substituted for the words “Magistrates' Court”
, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
(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 of this Act, the Medical Officer of Health, when authorised to do so by the Director-General, may issue a repair notice or, as the case may require, a closing order, which shall be served in the same manner and shall have the same effect, and, in the case of a closing order, shall be subject to appeal in the same manner, as if it were a repair notice or a closing order issued by the local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.
(2) All costs incurred by or against the Medical Officer of Health on any appeal under this section shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable by the Crown to the local authority.
Subsection (2) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words “or (as the case may require) the area health board”
.
Subsection (2) was substituted, as from 1 July 1993, by section 15 Health Amendment Act 1993 (1993 No 24).
(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 a District Court for an order cancelling the closing order.
(3) Every such application to the Court shall be made and dealt with in the same manner as if it were an appeal against the issue of a closing order.
(4) On the hearing of any such application the Court, whose decision shall be final, may make such order as it thinks fit.
(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) of subsection (1) of section 42 of this Act, the Director-General may cause to be served in respect of the premises a repair notice and, in default of compliance therewith by the local authority, a closing order. A repair notice and a closing order under this section shall be served in the same manner and shall have the same effect and, in the case of a closing order, be subject to appeal and be cancelled in the same manner, as if it were a repair notice or a closing order issued by a local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.
Subsection (2) was amended, as from 30 November 1979, by section 3(2) Health Amendment Act 1979 (1979 No 64) by substituting the expression “(e)”
for the expression “d”
.
Subsection (2) was amended, as from, 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the expression “, (b), and (e)”
for the expression “to (e)”
.
Subsection (2) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by omitting the words “, with the prior approval of the Board of Health,”
.
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.
[Repealed]
Subsection (1) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1980 (1980 No 10).
Section 48 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
[Repealed]
Section 49 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
[Repealed]
Subsection (1) was amended, as from 23 March 1987 by section 7(2) Health Amendment Act 1987 (1987 No 34), by substituting the words “Director-General”
for the words “Board of Health”
.
Subsection (3) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134), by inserting the words in square brackets.
Section 50 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
[Repealed]
Subsection (2) was substituted, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134).
Section 51 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
[Repealed]
Section 52 was repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
[Repealed]
Section 53 was repealed, as from 1 July 1993, by section 16 Health Amendment Act 1993 (1993 No 24).
(1) Where, by or under any of sections 41, 42, 44, and 46 of this Act, the owner of any dwellinghouse or other premises is required to do any act or thing, and the owner fails or refuses to do that act or thing, any mortgagee of the land on which the dwellinghouse or other premises is situated may do the act or thing.
(2) Notwithstanding any covenant or agreement to the contrary, any expenses incurred by any mortgagee pursuant to this section shall be recoverable by the mortgagee from the owner as a debt due to the mortgagee by the owner.
(3) Without limiting subsection (2) of this section, 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) of this section.
(5) In this section the term mortgagee, in relation to a dwellinghouse, means a mortgagee of the land under a mortgage that is registered under the Deeds Registration Act 1908 or the Land Transfer Act 1952, or in respect of which a caveat is lodged with the appropriate District Land Registrar; and includes the holder of any charge on the land that is duly registered pursuant to the Statutory Land Charges Registration Act 1928.
Sections 53A to 53C were inserted, as from 30 November 1979, by section 4(1) Health Amendment Act 1979 (1979 No 64).
Subsection (1) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the expression “sections 41, 42, 44, and 46”
for the expression “sections 41, 42, 44, 46, 48, and 50”
.
Where any owner who is a trustee is served with an order or a notice under any of sections 41, 42, 44, and 46 of this Act, he may, notwithstanding anything to the contrary in the instrument (if any) creating the trust,—
(a) Carry out such works as are specified in the notice:
(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 or by sale, conversion, calling in, or mortgage of all or any part of the property subject to the same trust and for the time being in possession.
Sections 53A to 53C were inserted, as from 30 November 1979, by section 4(1) Health Amendment Act 1979 (1979 No 64).
Section 53B was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the expression “and 46”
for the expression “46, 48, and 50”
.
Paragraph (a) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “repairs, alterations, or”
.
Paragraph (d) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by substituting the words “local authority”
for the word “council”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
A local authority may make advances to any owner upon whom an order or notice is served under any of sections 41, 42, 44, and 46 to enable that owner to comply in all respects with the requirements of the order or notice.
Section 53C 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.
Sections 53A to 53C were inserted, as from 30 November 1979, by section 4(1) Health Amendment Act 1979 (1979 No 64).
Subsection (1) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the expression “and 46”
for the expression “46, 48, and 50”
.
(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 of any part of the boundary of the district of any other local authority, the consenting local authority shall forthwith give notice in writing to that other local authority of the fact that the consent has been given. In any such case, the consent shall not take effect until after the expiry of 3 months from the date of the notice or, if within that period that other local authority gives notice of appeal under section 55 of this Act, until the appeal is heard and the consent is confirmed by the Board of Appeal:
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) of this section, 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 to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day on which the offence has continued.
(7) Nothing in this section relating to local authorities (including consents and registration) shall apply to any offensive trade where a resource consent for that activity has been granted under the Resource Management Act 1991.
Subsection (2) was amended, as from 23 November 1973, by section 4(1) Health Amendment Act 1973 (1973 No 111) by substituting the expression “8 kilometres”
for the expression “5 miles”
.
The former proviso to subsection (5) was inserted, as from 22 October 1959, by section 2 Health Amendment Act 1959 (1959 No 67).
The former proviso to subsection (5) was repealed, as from 1 April 1974, by section 4(2) Health Amendment Act 1973 (1973 No 111).
Subsection (6) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expressions “$1,000”
and “$100”
for the expressions “$200”
and “$20”
respectively.
Subsection (7) was substituted, as from 1 April 1974, by section 56(1) Clean Air Act 1972 (1972 No 31).
Subsection (7) was substituted, as from 23 July 1993, by section 3 Health Amendment Act (No 3) 1993 (1993 No 71).
(1) Any person who is aggrieved by the refusal of any local authority or of the Medical Officer of Health to consent to the establishment of any offensive trade or to the erection or extension of any premises, or by the refusal of any local authority to register or renew the registration of any premises, under section 54 of this Act, may, within 3 months after being notified of the refusal, give notice of appeal, in writing, to the Minister, who shall take all steps necessary to constitute a Board of Appeal under section 124 of this Act, and the provisions of that section shall apply accordingly. One of the assessors under that section shall be appointed on the recommendation of the local authority or, as the case may require, the Director-General, and the other on the recommendation of the appellant.
(2) Where any local authority consents to the establishment of any offensive trade under section 54 of this Act, and the premises or proposed premises on which the offensive trade is to be carried on are or will be situated within 8 kilometres of any part of the boundary of the district of any other local authority, that other local authority may, within 3 months after the date of the notice given to it under subsection (2) of that section, give notice of appeal, in writing, to the Minister, who shall take all steps necessary to constitute a Board of Appeal under section 124 of this Act, and the provisions of that section shall apply accordingly. One of the assessors under that section shall be appointed on the recommendation of the consenting local authority and the other on the recommendation of the appellant.
Subsection (2) was amended, as from 23 November 1973, by section 4(1) Health Amendment Act 1973 (1973 No 111) by substituting the expression “8 kilometres”
for the expression “5 miles”
.
[Repealed]
Section 56 was repealed, as from 1 April 1974, by section 56(2) Clean Air Act 1972 (1972 No 31).
[Repealed]
Section 57 was repealed, as from 23 March 1987, by section 13 Health Amendment Act 1987 (1987 No 10).
(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 to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day on which the offence has continued.
(5) For the purposes of this section, the expression stock saleyard means any premises used or intended to be used as a saleyard for cattle, horses, sheep, swine, or goats.
Subsection (4) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expressions “$1,000”
and “$100”
for the expressions “$200”
and “$20”
respectively.
Any person who is aggrieved by the refusal of any local authority or of the Medical Officer of Health to consent to the establishment or extension of any stock saleyard or by the refusal of any local authority to register or renew the registration of any premises, under section 58 of this Act may, within 3 months after being notified of the refusal, give notice of appeal, in writing, to the Minister, who shall take all steps necessary to constitute a Board of Appeal under section 124 of this Act, and the provisions of that section shall apply accordingly. One of the assessors under that section shall be appointed on the recommendation of the local authority or, as the case may require, the Director-General, and the other on the recommendation of the appellant.
(1) Every person commits an offence and is liable to a fine not exceeding $1,000 who directly or indirectly pollutes the water supply of the district of any local authority, or any portion of that supply, in such a manner as to make the water dangerous to health, or offensive, or unfit for domestic use.
(2) Every person commits an offence, and is liable to a fine not exceeding $1,000, who directly or indirectly pollutes any watercourse that passes through a borough, town district, urban area of the district of a district council, or a community within the meaning of the Local Government Act 1974, whether or not that watercourse forms part of the water supply of the borough, town district, urban area, or community, unless he satisfies the Court that no part of the watercourse within the limits of the borough, town district, urban area, or community is thereby made dangerous to health or offensive.
(3) In subsection (2) of this section the term urban area, in relation to the district of a district council, means a part of the district that immediately before the constitution of the district was a borough or town district or part of a borough or town district.
Subsection (1) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expressions “$1,000”
and “$100”
for the expressions “$200”
and “$20”
respectively.
Subsection (2) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64).
Subsection (2) was substituted, and subsection (3) was inserted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
(1) [Repealed]
(2) The Governor-General may, if he thinks fit in the interests of public health, by Order in Council declare that any specified watercourse, stream, lake, or other source of water supply, or any specified portion thereof, shall be under the control of any local authority for the purpose of preventing the pollution thereof, notwithstanding that it may not be within the district of that local authority or on land belonging to that local authority, and every such notice, until it is in like manner revoked, shall have effect according to its tenor.
Subsection (1) was repealed, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
(1) Where the Medical Officer of Health certifies in writing to a local authority that any watercourse, stream, lake, or other source of water supply, or any portion thereof, under the control of that local authority for the purposes of this Act is so polluted that the water therein or therefrom is dangerous to health, the local authority shall forthwith cease to supply or permit to be used for domestic purposes any water from that source or portion thereof, as the case may be, and shall not supply or permit to be used any such water so long as the certificate of the Medical Officer of Health remains in force.
(2) Any certificate by a Medical Officer of Health under this section may be at any time revoked as soon as the Medical Officer of Health is satisfied that the water from the source or portion thereof referred to in the certificate is no longer dangerous to health.
(1) If any local authority contravenes or fails to comply with any of the provisions of the last preceding section, the Director-General may, at the expense in all things of the local authority, cause all necessary measures to be taken for preventing the use of water from any polluted source of water supply, and for remedying any dangerous condition of that water supply.
(2) All expenses incurred by the Director-General under this section, together with an additional amount not exceeding 5 percent thereof, may be recovered from the local authority as a debt due to the Crown, or may be deducted from any money payable by the Crown to that local authority.
Subsection (2) was amended, as from 1 July 1993, by section 17 Health Amendment Act 1993 (1993 No 24) by substituting the words “by the Crown”
for the words “out of the Public Account”
.
(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 public health, and preventing or abating nuisances:
(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) [Repealed]
(f) [Repealed]
(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 of buildings, and the paving and sanitation of yards and other areas appurtenant to buildings:
(i) Regulating the situation of stables, cow sheds, and piggeries:
(j) Regulating the situation and sanitation of stock saleyards:
(k) [Repealed]
(l) [Repealed]
(m) Regulating, licensing, or prohibiting the keeping of any animals in the district or in any part thereof:
(n) [Repealed]
(o) Regulating the handling and storage of noxious substances, or of goods which are or are likely to become offensive:
(p) Regulating the situation of buildings used for or in connection with offensive trades:
(q) Regulating the conduct of offensive trades, and of manufactures and processes which may be offensive or dangerous to the persons employed in or about the same or injurious to health:
(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.
Subsection (1)(a) was amended, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84) by substituting the words “Improving, promoting, or protecting”
for the word “Conserving”
. See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Subsections (1)(e) and (f) were repealed, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Subsection (1)(g) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “, septic tanks, sanitary conveniences, and sanitary appliances”
.
Subs (1)(h) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “and repairing”
.
Subs (1)(i) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “and construction”
.
Subs (1)(j) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the word “, construction”
.
Subsections (1)(k) and (l) were repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (1)(n) was repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).
Subsection (1)(p) was amended, as from 25 October 1960, by section 5(3)(a) Health Amendment Act 1960 (1960 No 96) by inserting the words “or chemical works”
.
Subsection (1)(p) was amended, as from 1 April 1974, by section 56(1) Clean Air Act 1972 (1972 No 31) by omitting the words “or chemical works”
.
Subsection (1)(p) was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by omitting the words “and structure”
.
Subsection (1)(q) was amended, as from 25 October 1960, by section 5(3)(b) Health Amendment Act 1960 (1960 No 96) by inserting the words “or chemical works”
.
Subsection (1)(q) was amended, as from 1 April 1974, by section 56(1) Clean Air Act 1972 (1972 No 31) by omitting the words “or chemical works”
.
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.
(1) A local authority may not make any bylaw under this Act that purports to have the effect of requiring any building to achieve performance criteria additional to or more restrictive than those specified in the Building Act 2004 or the building code.
(2) For the purposes of this section, the terms building, building code, and performance criteria have the meanings ascribed to them by the Building Act 2004.
Section 65A was inserted, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150).
Section 65A was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “Building Act 2004”
for the words “Building Act 1991”
wherever they appear. See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
(1) Every person who contravenes or fails to comply with any bylaw made under this Act commits an offence and is liable to a fine not exceeding $500 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day on which the offence has continued.
(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.
Subsection (1) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expressions “$500”
and “$50”
for the expressions “$100”
and “$10”
respectively.
(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.
Subsection (1) 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.
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.
[Repealed]
Paragraph (1)(d) was amended, as from 23 March 1987, by section 7(2) Health Amendment Act 1987 (1987 No 10) by omitting the words “of the Board of Health or”
.
Section 69 and the preceding heading “Duties and Powers of Harbour Boards”
were repealed, as from 1 July 1993, by section 18 Health Amendment Act 1993 (1993 No 24).
(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,—
(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 to be isolated, quarantined, or disinfected as he thinks fit:
(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 to come or be brought to any port or place in the health district from any port or place which is or is supposed to be infected with any infectious disease:
(h) require people to remain in the health district or the place in which they are isolated or quarantined until they have been medically examined and found to be free from infectious disease, and until they have undergone such preventive treatment as he may in any such case prescribe:
(i) Forbid the removal of ships, vehicles, aircraft, animals, or things from the health district, or from one port or part thereof to another, or from the place where they are isolated or quarantined, until they have been disinfected or examined and found to be free from infection:
(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) by written order to the person appearing to be in charge of the premises concerned, do either or both of the following:
(i) require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district):
(ii) require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district) in which infection control measures described in the order are not operating:
(m) by order published in a newspaper circulating in the health district or by announcement broadcast by a television channel or radio station that can be received by most households in the health district, do any of the following:
(i) require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description:
(ii) require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description in which infection control measures described in the order are not operating:
(iii) forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district (or a stated area of the district):
(iv) forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district (or a stated area of the district) in which infection control measures described in the order are not operating.
(n) [Repealed]
(o) [Repealed]
(1A) An order under paragraph (la) or (m) of subsection (1) does not apply to—
(a) any premises that are, or any part of any premises that is, used solely as a private dwellinghouse; or
(b) any premises within the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000); or
(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) of the Corrections Act 2004).
(1B) An order under paragraph (la) or (m) of subsection (1) may exempt people engaged in necessary work in the premises to which it relates.
(1C) If the Medical Officer of Health publishes an order under subsection (1)(m) in a newspaper circulating in the health district, he or she must also make reasonable efforts to have the contents or gist of the order published by announcement broadcast by a television channel or radio station that can be received by most households in the health district.
(1D) The Medical Officer of Health may publish in any other manner he or she thinks appropriate an order under paragraph (la) or (m) of subsection (1) or its gist.
(2) The Medical Officer of Health, and any Environmental Health Officer or other person authorised in that behalf by the Medical Officer of Health, may at any time, with or without assistants, enter on any lands, buildings, or ships, and inspect the same and all things thereon or therein; and may do, with respect to any persons, places, lands, buildings, ships, animals, or things, whatever in the opinion of the Medical Officer of Health is necessary or expedient for the purpose of carrying out the foregoing provisions of this section.
(3) In no case shall the Medical Officer of Health, or any Environmental Health Officer or assistant or other person, incur any personal liability by reason of anything lawfully done by him under the powers conferred by this section.
(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 apply as if the area is part of both his or her district and the district of which it is in fact part.
Subsection (1) was amended, as from 3 November 1964, by section 3 Health Amendment Act 1964 (1964 No 34) by inserting the words “or if a state of national major disaster has been declared under the Civil Defence Act 1962”
.
Subsection (1) was amended, as from 23 November 1973, by section 5(1) Health Amendment Act 1973 (1973 No 111) by substituting the words “civil defence emergency or a state of regional civil defence emergency”
for the words “major disaster”
.
Subsection (1) was amended, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33) by substituting the words “a state of emergency has been declared under the Civil Defence Emergency Management Act 2002”
for the words “a state of national civil defence emergency or a state of regional civil defence emergency has been declared under the Civil Defence Act 1983”
.
Subsection (1) was amended, as from 19 December 2006, by section 5(1) Health Amendment Act 2006 (2006 No 86) by inserting the words “or while an epidemic notice is in force”
after the words “the Civil Defence Emergency Management Act 2002”
.
Subsection (1)(ea) was inserted, as from 19 December 2006, by section 5(2) Health Amendment Act 2006 (2006 No 86).
Subsection (1)(f) was amended, as from 19 December 2006, by section 5(3) Health Amendment Act 2006 (2006 No 86) by substituting the words “ships, vehicles, aircraft, animals, or things”
for the words “ships, animals, and things”
.
Subsection (1)(fa) was inserted, as from 19 December 2006, by section 5(4) Health Amendment Act 2006 (2006 No 86).
Subsection (1)(g) was amended, as from 19 December 2006, by section 5(5) Health Amendment Act 2006 (2006 No 86) by substituting the words “ships, vehicles, aircraft, animals, or things”
for the words “ships, animals, or things”
.
Subsection (1)(h) was amended, as from 19 December 2006, by section 5(6) Health Amendment Act 2006 (2006 No 86) by substituting the words “require people to remain in”
for the words “Forbid persons to leave”
.
Subsection (1)(i) was amended, as from 19 December 2006, by section 5(5) Health Amendment Act 2006 (2006 No 86) by substituting the words “ships, vehicles, aircraft, animals, or things”
for the words “ships, animals, or things”
.
Subsection (1)(la) was inserted, as from 19 December 2006, by section 5(7) Health Amendment Act 2006 (2006 No 86).
A reference to the “Sale of Liquor Act 1962”
in subsection (1)(m) was substituted, as from 1 June 1963, for a reference to the “Licensing Act 1908”
pursuant to section 301(13) Sale of Liquor Act 1962 (1962 No 139). That reference was in turn substituted, as from 1 April 1990, by a reference to the “Sale of Liquor Act 1989”
pursuant to section 230(2) Sale of Liquor Act 1989 (1989 No 63).
Subsection (1)(m) was substituted, as from 19 December 2006, by section 5(7) Health Amendment Act 2006 (2006 No 86).
Subsection (1)(n) and (o) was repealed, as from 19 December 2006, by section 5(7) Health Amendment Act 2006 (2006 No 86).
Subsections (1A) to (1D) were inserted, as from 19 December 2006, by section 5(8) Health Amendment Act 2006 (2006 No 86).
The words “Environmental Health Officer”
in subsections (2) and (3) were substituted, as from 26 July 1988, for the word “Inspector”
pursuant to section 2(4) Health Amendment Act 1988 (1988 No 99).
Subsection (4) was inserted, as from 19 December 2006, by section 5(9) Health Amendment Act 2006 (2006 No 86).
(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, may—
(a) by requisition in writing served on its owner or occupier, take possession of, occupy, and use any land or building (whether public or private) that in his or her opinion is required for the accommodation and treatment of patients:
(ab) by requisition in writing served on the owner, occupier, or other person for the time being in charge of it, take possession of, occupy, and use any land, building, vehicle, or craft (other than an aircraft), whether public or private, that in his or her opinion is required for the storage or disposal of bodies:
(b) by requisition in writing served on the owner or other person for the time being in charge of it, take possession of and use any vehicle or craft, 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
(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 a District Court, whose decision shall be final.
(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 summary conviction before a District Court Judge to a fine not exceeding $1,000.
Subsection (1) was amended, as from 3 November 1964, by section 4 Health Amendment Act 1964 (1964 No 34) by inserting the words “or during a state of national major disaster under the Civil Defence Act 1962”
.
Subsection (1) was amended, as from 18 December 1968, by section 19(3) Civil Defence Amendment Act 1968 (1968 No 133) by substituting the words “civil defence emergency”
for the words “major disaster”
.
Subsection (1) was amended, as from 23 November 1973, by section 5(2) Health Amendment Act 1973 (1973 No 111) by inserting the words “or a state of regional civil defence emergency”
.
Subsection (1) was amended, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33) by substituting the words “a state of emergency under the Civil Defence Emergency Management Act 2002”
for the words “a state of national civil defence emergency or a state of regional civil defence emergency has been declared under the Civil Defence Act 1983”
.
Subsection (1) was amended, as from 19 December 2006, by section 6(1) Health Amendment Act 2006 (2006 No 86) by inserting the words “or while an epidemic notice is in force”
after the words “the Civil Defence Emergency Management Act 2002”
.
Subsection (1)(a) was substituted, as from 19 December 2006, by section 6(2) Health Amendment Act 2006 (2006 No 86).
Subsection (1)(ab) was inserted, as from 19 December 2006, by section 6(2) Health Amendment Act 2006 (2006 No 86).
Subsection (1)(b) was substituted, as from 19 December 2006, by section 6(2) Health Amendment Act 2006 (2006 No 86).
Subsection (3) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expression “$1,000”
for the expression “$200”
.
(1) A member of the police may do any thing reasonably necessary (including the use of force)—
(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 or 71; or
(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 or 71; or
(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 or 71; or
(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 or 71; or
(2) A member of the police acting under subsection (1) may at any time do any or all of the following things:
(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:
(4) A member of the police may do a thing authorised by subsection (1) or (2) whether or not a Medical Officer of Health has asked him or her to do so.
(5) Subsections (2) to (6) of section 314B, and sections 314C and 314D, of the Crimes Act 1961, with any necessary modifications, apply to the powers conferred by subsection (2)(c)—
(a) as if they were a statutory search power within the meaning of section 314A of that Act; but
(b) as if a ship or taxiing aircraft were a vehicle.
(6) A member of the police does not incur any personal liability by reason of anything done by him or her in good faith in the exercise or intended exercise of a power conferred by this section.
Section 71A was inserted, as from 19 December 2006, by section 7 Health Amendment Act 2006 (2006 No 86).
A person commits an offence and is liable to imprisonment for a term not exceeding 6 months, a fine not exceeding $4,000, or both who in any way (directly or indirectly, by act or default)—
(a) threatens, assaults, or intentionally obstructs or hinders a Medical Officer of Health or any person authorised by a Medical Officer of Health in the exercise or performance of powers or functions under section 70 or 71; or
(b) threatens, assaults, or intentionally obstructs or hinders a member of the police acting under section 71A; or
(c) does anything forbidden by a Medical Officer of Health or any person authorised by a Medical Officer of Health under section 70 or 71; or
Section 72 was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expressions “$1,000”
and “$500”
for the expressions “$200”
and “$100”
respectively, as from 26 July 1988.
Paragraph (a) was amended, as from 26 July 1988, pursuant to section 2(4) Health Amendment Act 1988 (1988 No 99) by substituting the words “Environmental Health Officer”
for the word “Inspector”
.
Section 72 was substituted, as from 19 December 2006, by section 7 Health Amendment Act 2006 (2006 No 86).
(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.
Subsection (2) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words “or (as the case may require) the area health board”
.
Subsection (2) was substituted, as from 1 July 1993, by section 19 Health Amendment Act 1993 (1993 No 24).
(1) Every medical practitioner who has reason to believe that any person professionally attended by him is suffering from a notifiable disease or from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable disease shall—
(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, except where the disease is specified in Section B of Part 1 of Schedule 1 to this Act, to the local authority of the district:
(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) [Repealed]
(3) Every medical practitioner who by post-mortem examination or otherwise becomes aware that any deceased person was affected with a notifiable disease shall forthwith give notice in the prescribed form to the Medical Officer of Health.
(4) Every medical practitioner commits an offence against this Act who fails to comply with the requirements of this section.
(5) [Repealed]
Subsection (1)(a) was amended, as from 6 December 1962, by section 2(1) Health Amendment Act 1962 (1962 No 76) by substituting the words “to the Medical Officer of Health, and, except where the disease is specified in Section B of Part 1 of Schedule 1 to this Act, to the local authority of the district”
for the words “to the local authority of the district and to the Medical Officer of Health”
.
Subsection (2) was amended as from, 3 November 1964, by section 5 Health Amendment Act 1964 (1964 No 34) by substituting the words “to the Medical Officer of Health, and, except where the disease is specified in Section B of Part 1 of Schedule 1 to this Act, to the local authority of the district”
for the words “to the local authority of the district and to the Medical Officer of Health”
.
Subsection (2) was amended as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134), by inserting the words “area health board or the”
.
Subsection (2) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134).
Subsection (2) was repealed, as from 1 July 1993, by section 20(1) Health Amendment Act 1993 (1993 No 24).
Subsection (5) was inserted, as from 1 July 1993, by section 20(2) Health Amendment Act 1993 (1993 No 24).
Subsection (5) was repealed, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
(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.
(3) A person who fails to comply with subsection (2)—
(a) commits an offence against this Act; and
(b) is liable to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.
Section 74AA: inserted, on 18 December 2007, by section 8 of the Health Amendment Act 2006 (2006 No 86).
[Repealed]
Section 74A was inserted, as from 1 July 1993, by section 21 Health Amendment Act 1993 (1993 No 24).
Subsection (5)(f) was amended, as from 1 July 1994, by section (3)(1) Health Amendment Act 1994 (1994 No 37) by inserting the words “Subject to any regulations made under subsection (7)(b) of this section,”
.
Subsection (7) was substituted, as from 1 July 1994, by section 3(2) Health Amendment Act 1994 (1994 No 37).
Section 74A was repealed, as from 7 March 2005, by section 3 Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3). See sections 6 and 7 of that Act for transitional provisions relating to the National Cervical Screening Programme.
(1) Before the commencement of section 8, an epidemic management notice may provide for this Act to have effect as if section 74AA (as to be inserted by that section) were already in force, but in relation only to the disease stated in the notice.
(2) Unless the notice provides that section 74AA is to apply to medical laboratories in stated parts of New Zealand only, the section applies to medical laboratories throughout New Zealand.
(3) While the notice is in force, every provision of this Act (other than this section) has effect—
(a) as if section 74AA were in force; but
(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.
Sections 74B to 74D were inserted, as from 19 December 2006, by section 9 Health Amendment Act 2006 (2006 No 86).
(1) The Director-General may at any time devise policies determining the priorities with which supplies of medicines that are under the control of the Crown or a Crown entity are to be dispensed during outbreaks of quarantinable diseases.
(2) While an epidemic notice is in force,—
(a) the Director-General may, if satisfied that there is or is likely to be a shortage of medicines because of the outbreak of the disease stated in the epidemic notice, in accordance with a policy devised under subsection (1) for the medicines, by notice in the Gazette require persons administering, dispensing, prescribing, or supplying stated medicines that are under the control of the Crown or a Crown entity to administer, dispense, prescribe, or supply them in accordance with priorities, and subject to any conditions, stated in the notice; and
(b) every person administering, dispensing, prescribing, or supplying 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 means any substance used or capable of being used to prevent, treat, or palliate a disease, or the symptoms or effects of a disease.
Sections 74B to 74D were inserted, as from 19 December 2006, by section 9 Health Amendment Act 2006 (2006 No 86).
(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.
Sections 74B to 74D were inserted, as from 19 December 2006, by section 9 Health Amendment Act 2006 (2006 No 86).
(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.
(1) When any person on board a ship in any harbour is suffering from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable infectious disease, it shall be the duty of the master of the ship to notify the Medical Officer of Health of the existence of a disease suspected to be a notifiable infectious disease.
(2) Every such master commits an offence against this Act who fails to comply with the provisions of this section.
Subsection (1) was amended, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34) by substituting the words “Medical Officer of Health”
for the words “Port Health Officer”
.
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.
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.
(1) If the Medical Officer of Health or any Health Protection Officer has reason to believe or suspect that any person, whether suffering from an infectious disease or not, is likely to cause the spread of any infectious disease, he may make an order for the removal of that person to a hospital or other suitable place where he can be effectively isolated.
(2) An order under this section shall be made in every case where the Medical Officer of Health or the Health Protection Officer is satisfied that any person who is likely to spread an infectious disease cannot, without removal, be effectively isolated or properly attended.
(3) An order under this section may be executed by the Medical Officer of Health or the Health Protection Officer, or by any person authorised in that behalf by the Medical Officer of Health or the Health Protection Officer, and may be executed by force if necessary.
(4) The medical officer or other person in charge of the hospital or other place to which any person is ordered to be removed as aforesaid shall, on the presentation of the order, receive the person to whom the order relates and shall arrange for his isolation in accordance with the requirements of the Medical Officer of Health or the Health Protection Officer and, in the case of a person requiring medical treatment, for such treatment, and, unless the Medical Officer of Health otherwise permits, shall detain him, by force if necessary, in isolation until he has been medically examined and found to be free from infectious disease and until he has undergone such preventive treatment as the Medical Officer of Health may prescribe.
(5) Any person who is isolated in accordance with this Act, whether pursuant to an order under this section or not, and who leaves the place of isolation while he is required to be so isolated, may be arrested by any officer of the Ministry of Health or by any member of the staff of the hospital or other place of isolation or by any constable, without warrant, and delivered forthwith to the same or another suitable place of isolation, and detained there pursuant to subsection (4) of this section.
(6) Every person commits an offence against this Act who wilfully disobeys an order under this section, or who obstructs or delays or in any way interferes with the prompt execution thereof, or who, being isolated in accordance with this Act, leaves or attempts to leave the place of isolation without proper authority.
The words “Health Protection Officer”
in subsections (1) to (4) were substituted, as from 26 July 1988, for the words “Inspector of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
Subsection (5) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words “or of an Area Health Board”
.
Subsection (5) was amended, as from 1 July 1993, by section 22 Health Amendment Act 1993 (1993 No 24) by omitting the words “or of an Area Health Board”
.
The reference to the “Ministry of Health”
in subsection (5) was substituted, as from 1 July 1993, for a reference to the “Department of Health”
pursuant to section 38(3)(a) Health Amendment Act 1993 (1993 No 24).
(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 has the same meaning as in the Summary Offences Act 1981.
(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 of Liquor Act 1989 shall be deemed to let part of a house for hire to any person admitted as a guest or lodger to the lodginghouse or boardinghouse or premises.
The reference to the “Summary Offences Act 1981”
in subsection (3) was substituted, as from 1 February 1982, for a reference to “Part 2 Police Offences Act 1927”
pursuant to section 51(3) Summary Offences Act 1981 (1981 No 113).
A reference to the “Sale of Liquor Act 1962”
in subsection (4) was substituted, as from 1 June 1963, for a reference to the “Licensing Act 1908”
pursuant to section 301(13) Sale of Liquor Act 1962 (1962 No 139). That reference was in turn substituted, as from 1 April 1990, by a reference to the “Sale of Liquor Act 1989”
pursuant to section 230(2) Sale of Liquor Act 1989 (1989 No 63).
Where the local authority is of opinion that the cleansing or disinfection of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any infectious disease, the local authority may authorise any Environmental Health Officer, with or without assistants, to enter on the premises and to carry out such cleansing and disinfection.
The words “Environmental Health Officer”
were substituted, as from 26 July 1988, for the word “Inspector”
pursuant to section 2(4) Health Amendment Act 1988 (1988 No 99)
(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) of this section 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, with or without assistants, to enter on any premises and to carry out such disinfection and cleansing; and the cost of such disinfection or cleansing shall be recoverable from the local authority as a debt due to the Crown.
Subsection (3) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words “or (as the case may require) the area health board”
.
Subsection (3) was amended, as from 1 July 1993, by section 23 Health Amendment Act 1993 (1993 No 24) by omitting the words “or (as the case may require) the area health board”
.
The words “Environmental Health Officer”
in subsection (3) were substituted, as from 26 July 1988, for the word “Inspector”
pursuant to section 2(4) Health Amendment Act 1988 (1988 No 99)
Where any article dealt with by a local authority or any Environmental Health Officer under section 81 or section 82 of this Act is of such a nature that it cannot be effectively disinfected, the local authority or Environmental Health Officer may cause the article to be destroyed.
The words “Environmental Health Officer”
were substituted for “Inspector”
, as from 26 July 1988, pursuant to section 2(4) Health Amendment Act 1988 (1988 No 99)
(1) Any local authority may , either separately or jointly with any other local authority or local authorities,—
(a) provide, equip, and maintain places for the reception of dead bodies (mortuaries) pending the carrying out of any post-mortem examination or until removal for interment, and provide facilities for carrying out in the mortuaries post-mortems authorised or directed under the Coroners Act 2006 or under any other enactment and for making good for burial dead bodies on which post-mortems of that kind have been carried out:
(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.
Subsection (1) was amended, as from 23 November 1973, by section 3(2) Health Amendment Act 1973 (1973 No 111) by omitting “, and when so required by the Board of Health shall,”
Subsection (1) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting “an area health board or”
.
Subsection (1) was amended, as from 1 July 1993, by section 24 Health Amendment Act 1993 (1993 No 24) by omitting “or with an area health board or a Hospital Board”
.
Subsection (1)(a) amended, as from 1 January 1989, by section 46 Coroners Act 1988 (1988 No 111) by adding “and for making good for burial dead bodies on which such post-mortem examinations have been carried out”
.
The reference to the “Coroners Act 1988”
in subsection (1)(a) was substituted, as from 1 January 1989, for a reference to the “Coroners Act 1951”
pursuant to section 47 Coroners Act 1988 (1988 No 111).
Subsection (1)(a) was substituted, as from 1 July 2007, by section 146 Coroners Act 2006 (2006 No 38).
(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) [Repealed]
Compare: 1920 No 45 s 92
Subsection (2) was inserted, as from 1 July 1993, by section 25 Health Amendment Act 1993 (1993 No 24), and repealed, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
(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, or any constable, or any person authorised in that behalf by the Medical Officer of Health or 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 shall be deemed to include references to cremation in any case where cremation may be lawfully carried out.
The words “Health Protection Officer”
in subsection (3) were substituted, as from 26 July 1988, for the words “Inspectors of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
(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, or any local authority, pursuant to the powers conferred by this Part of this Act, every person injuriously affected thereby shall be entitled to compensation.
(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 a District Court, whose decision shall be final.
The words “a Health Protection Officer”
in subsection (1) were substituted, as from 26 July 1988, for the words “an Inspector of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
Subs (6) amended by section 18 District Courts Amendment Act 1979 (1979 No 125).
(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) of this section, forthwith give notice in the prescribed form to the Medical Officer of Health for the Health District in which that animal is or was so suffering.
(3A) [Repealed]
(4) Every person commits an offence against this Act who fails to comply with the provisions of this section.
(5) This section shall bind the Crown.
(6) Notwithstanding anything in the preceding provisions of this section, or in any Order in Council made hereunder, nothing in those provisions shall apply in respect of any animal found to be suffering from a communicable disease in the course of any campaign for the eradication of that disease conducted by or at the instance of the Ministry of Agriculture and Fisheries.
Section 87A was inserted, as from 3 November 1964, by section 6 Health Amendment Act 1964 (1964 No 34).
Subsection (3A) was inserted, as from 1 July 1993, by section 26 Health Amendment Act 1993 (1993 No 24), and repealed, as from 22 January 1996, by section 3(3) Health and Disability Services Amendment Act 1995 (1995 No 84). See clause 2 Health and Disability Services Amendment Act Commencement Order 1995 (SR 1995/303).
Subsection (6) was inserted, as from 20 October 1972, by section 2 Health Amendment Act 1972 (1972 No 65).
(1) Every person suffering from any venereal disease, or who has reason to believe that he is suffering from any such disease, shall forthwith consult a medical practitioner with respect thereto, and shall place himself under treatment by that medical practitioner, or by some other medical practitioner, or shall attend for treatment at any hospital or other place available for the treatment of venereal diseases.
(2) Every person undergoing treatment for any venereal disease as aforesaid shall, until he has been cured of that disease or is free from that disease in a communicable form, continue to submit himself to such treatment at such intervals as may be prescribed, not exceeding in any case an interval of 4 weeks.
(3) Every person commits an offence against this Act who contravenes or fails to comply in any respect with any of the provisions of this section.
Compare: 1917 No 24 s 3
Subsection (1) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”
in both places it occurs. See sections 178 to 227 of that Act as to the transitional provisions.
Every medical practitioner who attends or advises any patient for or in respect of any venereal disease from which the patient is suffering shall, by written notice in the prescribed form delivered to the patient,—
(a) Direct the attention of the patient to the infectious character of the disease, and to the penalties prescribed by this Act for infecting any other person with that disease; and
(b) Warn the patient against having a sexual relationship until he has been cured of that disease or is free from that disease in a communicable form; and
(c) Give to the patient such printed information relating to the treatment of venereal disease, and to the duties of persons suffering from such disease, as may be issued by the directions of the Minister.
Compare: 1917 No 24 s 4
Paragraph (b) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “having a sexual relationship”
for the words “contracting any marriage”
.
(1) Any parent, guardian, or other person in charge of a child suffering from any venereal disease shall cause the child to be treated for that disease by a medical practitioner.
(2) Every parent, guardian, or other person in charge of any such child as aforesaid who fails or neglects to have that child treated as aforesaid by a medical practitioner commits an offence against this Act.
(3) For the purposes of this section the term child means a person under the age of 16 years.
Compare: 1917 No 24 s 5
Subsections (1) and (2) were amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”
. See sections 178 to 227 of that Act as to the transitional provisions.
Every person, other than a medical practitioner, who undertakes for payment or other reward the treatment or cure of any venereal disease commits an offence and is liable, on summary conviction before a District Court Judge, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year, or to both.
Compare: 1917 No 24 s 7
The heading to section 91 was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”
. See sections 178 to 227 of that Act as to the transitional provisions.
Section 91 was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expression “$1,000”
for the expression “$200”
.
Section 91 was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”
. See sections 178 to 227 of that Act as to the transitional provisions.
Every person who knowingly infects any other person with a venereal disease, or knowingly does or permits or suffers any act likely to lead to the infection of any other person with any such disease, commits an offence and is liable, on summary conviction before a District Court Judge, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year, or to both.
Compare: 1917 No 24 s 8
Section 92 was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64) by substituting the expression “$1,000”
for the expression “$200”
.
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
In this Part, unless the context otherwise requires,—
Appointed entity means an entity appointed under section 92H
Blood means human blood; and—
(a) Includes the following:
(i) A substance derived from blood:
(ii) A human organ, or human bone marrow, or human tissue, including the placenta, of a kind that is suitable as a source from which to derive a constituent of blood that may be used therapeutically or in the preparation of a substance for therapeutic use:
(iii) A constituent of an organ, bone marrow, or tissue described in subparagraph (ii):
(iv) Human haematopoietic stem cells, or a constituent of human haematopoietic stem cells, that may be used therapeutically or in the preparation of a substance for therapeutic use; but
(b) Does not include the following:
(i) Any substance derived from blood, a human organ, human bone marrow, human tissue, or human haematopoietic stem cells that is intended for use in quality control or as a diagnostic product:
(ii) Any substance containing a fraction of blood, a human organ, human bone marrow, human tissue, or human haematopoietic stem cells that the Governor-General by Order in Council declares not to be blood for the purposes of this Part:
Controlled human substance—
(a) Means—
(i) Human bone marrow (other than human bone marrow referred to in paragraph (a)(ii) of the definition of the term blood in this section) that may be used therapeutically or in the preparation of a substance for therapeutic use; or
(ii) A constituent of human bone marrow described in subparagraph (i); or
(iii) Any other substance of the human body that may be used therapeutically or in the preparation of a substance for therapeutic use and that the Governor-General by Order in Council declares to be included in this definition; but
(b) Does not include—
(i) A product derived from any controlled human substance that is intended for use in quality control or as a diagnostic product; or
(ii) A substance containing a fraction of any controlled human substance that the Governor-General by Order in Council declares not to be a controlled human substance for the purposes of this Part.
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
(1) No person may require or accept financial or other consideration for the blood or any controlled human substance of that person.
(2) No person may provide financial or other consideration for the taking of blood or any controlled human substance from the body of a person for administration to another person.
(3) Every person commits an offence and is liable to a fine not exceeding $1,000 who contravenes subsection (1).
(4) Every person commits an offence and is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000 who contravenes subsection (2).
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
(1) No person may take blood or any controlled human substance from the body of a person for the purpose of obtaining that blood or that substance for administration to another person.
(2) Every person commits an offence and is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000 who contravenes subsection (1).
(3) Subsection (1) does not apply to—
(a) An appointed entity that is authorised to take blood and controlled human substances from persons; or
(b) An employee or agent of an appointed entity who is authorised by the entity to take blood or controlled human substances on behalf of the entity, if the entity has the power to authorise employees or agents to do so.
(4) For the purposes of subsection (3), an appointed entity is authorised to take blood and controlled human substances, and has the power to authorise employees and agents of the entity to do so, unless the notice by which the entity is appointed provides otherwise.
(5) Every appointed entity described in subsection (3)(a) and every employee or agent described in subsection (3)(b) who takes blood or any controlled human substance must give due recognition to the fact that the blood or controlled human substance has been donated.
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
(1) No person who administers blood or any controlled human substance to another person may require or accept financial or other consideration for that blood or that substance from the person to whom it is administered.
(2) Every person commits an offence and is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000 who contravenes subsection (1).
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
(1) The Minister may, in his or her discretion and on such terms and conditions (if any) as the Minister thinks fit, by notice in writing, exempt a person or persons or class of persons from compliance with any or all of the provisions of sections 92B(1), 92B(2), and 92D(1), and may in the same manner vary or revoke any such exemption.
(2) Where a notice is given under subsection (1), the Minister must as soon as practicable after giving the notice, publish in the Gazette and present to the House of Representatives a copy of the notice.
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
(1) No person may distribute an advertisement relating to the purchase or sale in New Zealand of blood or a controlled human substance.
(2) For the purposes of subsection (1), distribute means—
(a) To publish or otherwise disseminate, by newspaper, magazine, periodical, book, billboard, radio, television, cinematograph film, or any other means whatever; or
(b) To exhibit to public view in any premises or place; or
(c) To deposit in any area, yard, garden, or enclosure comprising part of or appurtenant to any premises.
(3) Every person commits an offence and is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,500 who contravenes subsection (1).
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
(1) An act done by a person as the employee (the employee) of another person (the employer) is for the purposes of an offence against this Part to be treated as done by the employer as well as by the employee, if—
(a) The employer approved of the act; or
(b) The employer knew that the act was to be done or was being done and failed to take all reasonable steps to prevent it.
(2) An act done by a person as the agent (the agent) of another person (the principal) is for the purposes of an offence against this Part to be treated as done by the principal as well as by the agent, if—
(a) The principal approved of the act; or
(b) The principal knew that the act was to be done or was being done and failed to take all reasonable steps to prevent it.
(3) Where a body corporate is convicted of an offence against this Part, a director of the body corporate is to be treated as having committed the same offence if—
(a) The director approved of the act that constituted the offence; or
(b) The director knew the offence was to be or was being committed and failed to take all reasonable steps to prevent it.
(4) In subsection (3), the term director includes a person who is concerned in the management of a body corporate.
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
(1) The Minister may from time to time, by notice in writing, appoint 1 or more entities to be responsible for the performance of such functions in relation to blood and controlled human substances as are specified in the notice.
(2) An appointment under subsection (1) may be subject to such terms and conditions as are specified in the notice appointing the appointee.
(3) The Minister may from time to time, by notice in writing, revoke, vary, or add to—
(a) Any of the functions for which an appointee is responsible:
(b) Any of the terms or conditions of the appointment.
(4) The Minister may, at any time, by notice in writing, revoke an appointment made under subsection (1).
(5) A notice given under this section takes effect on the date specified for the purpose in the notice or, if no date is specified for that purpose, on the day after the date on which it is issued.
(6) An appointed entity that performs, in accordance with a notice given under this section, any function in relation to blood or a controlled human substance, is entitled to do anything, or refrain from doing anything, that is necessary or desirable for the purpose of performing that function, unless a notice given under this section provides otherwise.
(7) As soon as practicable after the Minister gives a notice under subsection (1) or subsection (3)(a) or subsection (4), the Minister must—
(a) Publish a copy of it in the Gazette; and
(b) Present a copy of it to the House of Representatives.
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
Nothing in Part 2 of the Commerce Act 1986 applies to—
(a) Any contract, arrangement, understanding, or covenant in relation to blood or controlled human substances that—
(i) At the time it is entered into is, or is of a class that is, approved for the purposes of this section by the Governor-General by Order in Council; or
(ii) Is entered into by a person who (at the time it is entered into) is, or is of a class that is, approved for the purposes of this section by the Governor-General by Order in Council; or
(b) Any act done to give effect to a provision of any contract, arrangement, understanding, or covenant to which paragraph (a) applies.
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
(1) Section 129 applies to any appointed entity, and to any employee or agent of an appointed entity, who, in pursuance or intended pursuance of a provision in a notice given under section 92H, does any act, or fails or refuses to do any act, in relation to blood or a controlled human substance.
(2) For the purpose of applying section 129 in accordance with subsection (1), a provision in a notice given under section 92H is to be regarded as a provision of this Act.
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86). See section 4 of that Act as to the vesting of the assets of the blood transfusion trust.
[Repealed]
The original Part 3A (comprising sections 92A to 92F) was inserted, as from 30 November 1979, by section 5 Health Amendment Act 1979 (1979 No 64).
Part 3A (comprising sections 92A to 92K) was substituted, as from 1 July 1993, by section 27(1) Health Amendment Act 1993 (1993 No 24).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
[Repealed]
Section 92L was inserted, as from 9 December 1994, by section 2 Health Amendment Act (No 3) 1994 (1994 No 137).
A new Part 3A (comprising sections 92A to 92J) was substituted for the previous Part 3A (comprising sections 92A to 92L), as from 4 July 1998, by section 3 Health Amendment Act 1998 (1998 No 86).
[Repealed]
The State Services Act 1962 and the Superannuation Act 1956 have been substituted for the repealed Public Service Act 1912 and the repealed Superannuation Act 1947.
Section 93 was repealed, as from 1 April 1983, by section 4(1) Health Amendment Act 1982 (1982 No 34).
The Minister may from time to time, by notice in the Gazette, declare any specified portion of any harbour to be a place of inspection to which ships liable to quarantine shall be taken while awaiting inspection by the Medical Officer of Health or Health Protection Officer.
Compare: 1920 No 45 s 95
Section 94 was amended, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34) by substituting the words “Medical Officer of Health or Inspector of Health”
for the words “Port Health Officer”
.
The words “Health Protection Officer”
were substituted, as from 26 July 1988, for the words “Inspector of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
The Minister may from time to time, by notice in the Gazette, declare any place in New Zealand to be an infected place for the purposes of this Part of this Act, on the ground that the place is infected with a quarantinable disease.
Compare: 1920 No 45 s 98
(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.
Compare: 1920 No 45 s 100; 1940 No 17 s 11
(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.
Paragraph (c) was amended, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34) by omitting the words “Port Health Officer or, in the case of an aircraft, by the”
.
Section 97 was substituted, as from 19 December 2006, by section 10(1) Health Amendment Act 2006 (2006 No 86).
(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.
(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.
Sections 97A to 97G were inserted, as from 19 December 2006, by section 10(1) Health Amendment Act 2006 (2006 No 86).
(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 of the lifting of the detention of the craft.
Sections 97A to 97G were inserted, as from 19 December 2006, by section 10(1) Health Amendment Act 2006 (2006 No 86).
The detention of a craft under section 97B ceases when the Medical Officer of Health or a Health Protection Officer gives the person in charge of the airport or port written notice to that effect.
Sections 97A to 97G were inserted, as from 19 December 2006, by section 10(1) Health Amendment Act 2006 (2006 No 86).
(1) If a craft arrives in New Zealand carrying a person to whom section 97(2) applies, the Medical Officer of Health or a Health Protection Officer may—
(a) 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.
Sections 97A to 97G were inserted, as from 19 December 2006, by section 10(1) Health Amendment Act 2006 (2006 No 86).
(1) This subsection applies to a person if—
(a) section 97(2) applies to him or her; or
(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.
Sections 97A to 97G were inserted, as from 19 December 2006, by section 10(1) Health Amendment Act 2006 (2006 No 86).
Every person who has the custody or charge of a child or the role of providing day-to-day care for a child, or has charge of a person who is under disability,—
(a) must comply with every direction, requirement, or condition given, made, or imposed in respect of the child or person under disability under any of sections 97A to 97E; and
(b) must give in respect of the child or person under disability all information required under any of those sections.
Sections 97A to 97G were inserted, as from 19 December 2006, by section 10(1) Health Amendment Act 2006 (2006 No 86).
(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.
Compare: 1920 No 45 s 103; 1940 No 17 s 11
(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 member of the Police, or an officer appointed or authorised under the Immigration Act 1987, or an Inspector appointed under section 6 of the Ministry of Agriculture and Fisheries Act 1953; or
(c) For any person to leave that ship, except the persons specified in paragraph (b) of this subsection; 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.
Compare: 1920 No 45 s 104; 1940 No 17 s 10(1)-(3)
Subsections (1) and (2) were amended, as from 26 November 1982, by section 4(2) Health Amendment Act 1982 (1982 No 34), by substituting the words “Medical Officer of Health or Inspector of Health”
for the words “Port Health Officer”
.
Paragraphs (1)(b) and (e) were amended, as from 1 December 1958, by section 66(4) Police Act 1958 (1958 No 109), by substituting a reference to the “Police Force”
for a reference to the “Police”
.
Paragraph (1)(b) was amended, as from 1 January 1964, by the Immigration Act 1964 (1964 No 43) by substituting the “Immigration Act 1964”
for the “Immigration Restriction Act 1908”
.
Paragraph (1)(b) was amended, by the Ministry of Agriculture and Fisheries Amendment Act 1972, by substituting the words “Ministry of Agriculture and Fisheries”
for the words “Department of Agriculture”
in the reference to the Ministry of Agriculture and Fisheries Act 1953.
Paragraph (1)(b) was amended by the Health Amendment Act 1962, by adding the words in the forth set of square brackets.
Paragraph (1)(b) was amended, as from 1 July 1995, by substituting the reference to “section 15 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995”
for the reference to “section 6 of the Ministry of Agriculture and Fisheries Act 1953”
pursuant to section 15 Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31).
Paragraph (1)(e) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134), by inserting the words “or area health board”
.
Paragraph (1)(e) was amended, as from 23 November 1973, by section 6 Health Amendment Act 1973 (1973 No 111), by substituting the word “metres”
for the word “yards”
.
Section 99 was substituted, as from 1 July 1993, by section 28(1) Health Amendment Act 1993 (1993 No 24).
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 one league of any port at which she is about to call, and shall cause the signal to be kept so hoisted until pratique is granted.
Compare: 1920 No 45 s 105
(1) Subject to the provisions of any regulations made under this Act, the Medical Officer of Health or Health Protection Officer, before granting pratique to any ship liable to quarantine, shall board that ship and inspect it for the purpose of ascertaining whether any infectious disease exists on the ship.
(2) Subject to the provisions of any regulations made under this Act, the Medical Officer of Health or Health Protection Officer may board any aircraft liable to quarantine and inspect it.
(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 shall have for the purposes of this section such powers and duties as may be prescribed by regulations made under this Act.
(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 and the exercise of his powers and duties under this section.
Section 101 was substituted, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34).
The words “Health Protection Officer”
in subsections (1), (2), (4) and (6) were substituted for the words “Inspectors of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
(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 to a fine not exceeding $1,000 if the master or medical officer—
(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 to a fine not exceeding $2,000 if the master, medical officer, or other person deceives or attempts to deceive the Medical Officer of Health, or any person acting under the authority of that officer, in respect of any matter with intent—
(a) 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 of this Act.
Compare: 1920 No 45 s 107(1)-(3)
The original section 102 was amended, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34).
Section 102 was substituted, as from 26 July 1988, by section 7(1) Health Amendment Act 1988 (1988 No 99).
[Repealed]
Section 103 was repealed, as from 23 March 1987, by section 14 Health Amendment Act 1987 (1987 No 10).
[Repealed]
Subsection (1) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64), by substituting the expression “$1,000”
for the expression “$200”
(as substituted by section 7 Decimal Currency Act 1979).
Paragraph (1)(b) and (c) Was amended, as from 26 November 1982, by section 4(2) Health Amendment Act 1982 (1982 No 34), by omitting the words “Port Health Officer or”
.
Subsection (2) was amended, as from 30 November 1979, by section 9 Health Amendment Act 1979 (1979 No 64), by substituting the expression “$2,000”
for the expression “$400”
(as substituted by section 7 Decimal Currency Act 1979).
Subsection (2) was amended, as from 26 November 1982, by section 4(2) Health Amendment Act 1982 (1982 No 34), by omitting the words “the Port Health Officer, or”
and, in 2 places, the words “the Port Health Officer or”
.
Section 104 was repealed, as from 26 July 1988, by section 7(2)(a) Health Amendment Act 1988 (1988 No 99).
The master of any ship that arrives at any port from any infected place within New Zealand shall not suffer or permit the ship to be moored or berthed at any place except a place of inspection, unless he is otherwise instructed by the Medical Officer of Health or Health Protection Officer.
Compare: 1920 No 45 s 108.
Section 105 was amended, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34) by substituting the words “Medical Officer of Health or Inspector of Health”
for the words “Port Health Officer”
.
The words “Health Protection Officer”
were substituted, as from 26 July 1988, for the words “Inspector of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
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.
Compare: 1920 No 45 s 109
Section 106 was amended, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34) by substituting the words “Medical Officer of Health or Inspector of Health”
for the words “Port Health Officer”
.
The words “Health Protection Officer”
were substituted, as from 26 July 1988, for the words “Inspector of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
(1) Subject to the provisions of any regulations made under this Act, when the Medical Officer of Health or Health Protection Officer is satisfied, with respect to any ship liable to quarantine, that no quarantinable disease exists on board the ship, he shall give to the master of the ship a certificate of pratique in the prescribed form.
(2) Subject to the provisions of any regulations made under this Act, when the Medical Officer of Health or Health Protection Officer is satisfied, with respect to any aircraft liable to quarantine, that no quarantinable disease exists on board the aircraft, he shall give to the pilot in command of the aircraft a certificate of pratique in the prescribed form.
Compare: 1920 No 45 s 110; 1940 No 17 s 11
Subsection (1) was amended, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34) by substituting the words “Medical Officer of Health or Inspector of Health”
for the words “Port Health Officer”
.
The words “Health Protection Officer”
in subsection (1) were substituted, as from 26 July 1988, for the words “Inspector of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
Subsection (2) was amended, as from 1 April 1983, by section 4(2) Health Amendment Act 1982 (1982 No 34) by inserting the words “or Inspector of Health”
.
The words “Health Protection Officer”
in subsection (2) were substituted, as from 26 July 1988, for the words “Inspector of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
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, on reasonable grounds, to be suffering from any such disease, or to have been so recently exposed to the infection of any such disease that he may suffer therefrom in consequence, the Medical Officer of Health or Health Protection Officer may do all such things and give all such directions in respect of that person as may be prescribed by regulations made under this Act.
Section 108 was substituted, as from 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).
The words “Health Protection Officer”
were substituted, as from 26 July 1988, for the words “Inspector of Health”
pursuant to section 2(5) Health Amendment Act 1988 (1988 No 99).
(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.
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