Title
1 Short Title and commencement
2 Interpretation
3 Power of Governor-General in Council to amend Schedules
Part 1
Administration
Ministry of Health
3A Function of Ministry in relation to public health
3B Director of Public Health
3C Director-General to produce annual report on current state of public health
3D Director of Public Health may provide advice or reports to Minister
3E Public Health Group
3F Public Health Group to consult
4 Department of Health [Repealed]
5 Director-General of Health [Repealed]
5A Deputy Directors-General and Assistant Directors-General of Health [Repealed]
5B Delegation of powers by Director-General [Repealed]
6 Other officers and employees [Repealed]
6A Part-time deputy medical officers of health [Repealed]
7 Principal functions of Department [Repealed]
7A Medical officers of health and other officers
8 Conservation of public health in areas outside jurisdiction of local authorities
9 Delegation of powers by Minister [Repealed]
9A Advisory committees and subcommittees [Repealed]
10 Annual report [Repealed]
Board of Health
[Repealed]
11 Board of Health [Repealed]
11A Chairman and deputy chairman [Repealed]
12 Remuneration and travelling allowances [Repealed]
13 Meetings and procedure of Board [Repealed]
14 Seal of Board [Repealed]
15 Secretary to Board [Repealed]
16 Functions of Board [Repealed]
17 Board may be appointed as a commission of inquiry [Repealed]
18 Committees of Board [Repealed]
18A Ad hoc subcommittees [Repealed]
Health districts
19 Health districts
20 Medical officer of health for every health district [Repealed]
21 Evidence of authority of medical officer or health protection officer
22 Certain officers to have functions of medical officers of health
22A Powers of departmental officers under Factories and Commercial Premises Act 1981 [Repealed]
Personal information
22B Interpretation
22C Disclosure of health information
22D Duty to provide health information
22E Duty to provide information for purposes of blood collection
22F Communication of information for diagnostic and other purposes
22G Inspection of records
22H Anonymous health information
22I Offence to fail to retain health information [Repealed]
22J Expiry of section 22I
Part 2
Powers and duties of local authorities
23 General powers and duties of local authorities in respect of public health
24 Governor-General may exempt certain local authorities [Repealed]
Sanitary works
25 Local authority to provide sanitary works
26 Appeal against requisition or determination of Board of Health [Repealed]
27 Local authority may raise loans for sanitary works
27A Grants and subsidies for refuse disposal works, sewerage works, and water supplies
Appointment of environmental health officers
28 Appointment of environmental health officers by local authorities
Nuisances
29 Nuisances defined for purposes of this Act
30 Penalties for permitting or causing nuisances
31 Provisions of this Act as to nuisances to be in addition to other rights
32 Provisions of this Act as to nuisances to apply to Crown
33 Proceedings in respect of nuisances
34 Power to abate nuisance without notice
35 Proceedings when nuisance caused by default outside district
Refuse and sanitary services
[Repealed]
36 Local authorities to make provision for removal of refuse, etc [Repealed]
37 Further provisions as to removal of refuse, etc [Repealed]
38 Right of local authority to use portion of reserve for depot [Repealed]
Buildings
39 Requirements of dwellinghouses as to supply of water and sanitary conveniences
40 Sanitary requirements for business premises [Repealed]
41 Owners or occupiers may be required to cleanse premises
42 Local authority may require repairs and issue closing order
43 Appeal against closing order
44 Issue of closing order by medical officer of health
45 Determination of closing order
46 Closing order for premises owned by local authority
47 Failure to comply with closing order
48 Local authority may require demolition [Repealed]
49 District Court may make demolition order [Repealed]
50 Issue of requisition by medical officer of health [Repealed]
51 Enforcement of demolition order [Repealed]
52 Offences in respect of requisition or demolition order [Repealed]
53 Restriction on use of materials for building [Repealed]
53A Mortgagee may do acts required of owner
53B Provisions where owner is a trustee
53C Advances by local authority to owners
Offensive trades
54 Restrictions on carrying on offensive trade
55 Appeal against decision of local authority or medical officer of health
56 Local authority to notify medical officer of health of registered chemical works [Repealed]
Animals
57 Local authority may restrict keeping of animals [Repealed]
58 Restrictions on establishment of stock saleyards
59 Appeal against decision of local authority or medical officer of health
Pollution of watercourses, etc
60 Pollution of water supply
61 Control of watercourses, etc
62 Supply of water from polluted source
63 Powers of Director-General as to polluted water supply
Bylaws
64 Bylaws
65 General provisions as to bylaws
65A Effect of Building Act 2004 on bylaws
66 Penalties for breach of bylaws
67 Mode of making bylaws
68 Copies of bylaws to be available
Duties and powers of harbour boards
[Repealed]
69 Duties and powers of harbour boards [Repealed]
Part 2A
Drinking water
69A Purpose
Application of this Part
69B This Part generally to apply on commencement
69C Application of sections 69S to 69ZC generally
69D Application of sections 69S to 69ZC to bulk suppliers
69E Application of sections 69S to 69ZC to water carriers
69F Bulk suppliers, networked suppliers, water carriers, and designated ports or airports may elect earlier compliance
Interpretation
69G Interpretation
69H All practicable steps
69I Part binds the Crown
Registration of drinking-water suppliers and certain self-suppliers
69J Drinking-water register
69K Applications for registration
69L Renewal of registration by water carriers
69M Duty to update details on register
69N Removal from register
Drinking-water standards
69O Minister may issue, adopt, amend, or revoke drinking-water standards
69P Minister must consult before issuing, adopting, or amending drinking-water standards
69Q Drinking-water standards must be notified and made available
69R Commencement of drinking-water standards
Duties of drinking-water suppliers and temporary drinking-water suppliers
69S Duty of suppliers in relation to provision of drinking water
69T Duties where risk to water is actual or foreseeable
69U Duty to take reasonable steps to contribute to protection of source of drinking water
69V Duty to take all practicable steps to comply with drinking-water standards
69W Duty to take reasonable steps to supply wholesome drinking water
69X Duties in relation to new water sources
69Y Duty to monitor drinking water
69Z Duty to prepare and implement public health risk management plan
69ZA Medical officer of health may require preparation and implementation of public health risk management plan
69ZB Duration of plans
69ZC Review and renewal of plans
69ZD Duty to keep records and make them available
69ZE Duty to investigate complaints
69ZF Duty to take remedial action if drinking-water standards breached
69ZG Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health
69ZH Duty to provide information to territorial authority
69ZI Temporary supplier to notify medical officer of health of source and quality of raw water
69ZJ Powers of medical officer of health relating to temporary drinking-water suppliers
Drinking-water assessors and designated officers
69ZK Director-General may appoint drinking-water assessors
69ZL Functions of drinking-water assessors
69ZM Drinking-water assessors accountable to Director-General for performance of functions
69ZN Functions of designated officers
69ZO Powers of designated officers
69ZP Powers of drinking-water assessors and designated officers
69ZQ Ancillary powers
69ZR Restrictions on exercise of powers
69ZS Requirement for warrant to enter dwellinghouse
69ZT Standard conditions applying where warrant executed
69ZU Drinking-water assessors and designated officers must produce identification
69ZV Inventory of things seized to be provided
69ZW Review of decisions of drinking-water assessors
69ZX Register of drinking-water assessors
Recognised laboratories
69ZY Director-General may recognise laboratories
69ZZ Compliance tests must be carried out by recognised laboratory
Emergency powers
69ZZA Minister may declare drinking-water emergency
69ZZB Maximum duration of drinking-water emergency declaration
69ZZC Drinking-water emergency may be declared or continued even if other emergency declared
69ZZD Special powers of designated officers during drinking-water emergency
69ZZE Compensation for property requisitioned or destroyed
69ZZF Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991
69ZZG Effect of exemption
Compliance orders
69ZZH Medical officer of health may issue compliance order
69ZZI Compliance with compliance order
69ZZJ Form and content of compliance order
69ZZK Appeals
69ZZL Stay of compliance order pending appeal
69ZZM Variation and cancellation of compliance order
69ZZN Appeals against decision on change or cancellation of compliance order
Contamination of water supplies and sources
69ZZO Contamination of raw water or pollution of water supply
69ZZP Local authority may be required to warn users of self-supplied building water supplies about contamination
Offences
69ZZQ Offence to supply or transport water if not registered
69ZZR Offences against sections in this Part
69ZZS Strict liability and defence to offences
69ZZT Offences involving deception
69ZZU Time for laying information
69ZZV Penalties
69ZZW Additional penalty for certain offences for commercial gain
69ZZX Liability of principal for acts of agents
Miscellaneous
69ZZY Regulations
69ZZZ Protecting water supplies from risk of back-flow
69ZZZA Keeping, inspection, and copying of registers
69ZZZB Director-General must publish annual report
69ZZZC Statements by Director-General
69ZZZD Protection of persons performing or exercising functions, duties, or powers under this Part
69ZZZE Relationship between this Part and other enactments
Part 3
Infectious and notifiable diseases
70 Special powers of medical officer of health
71 Powers of medical officer of health on outbreak of infectious disease
71A Power of constables to assist medical officer of health in relation to infectious diseases
72 Offences relating to obstructing medical officer of health or people assisting medical officer of health
73 Medical officer of health may cause sanitary works to be undertaken
74 Medical practitioners to give notice of cases of notifiable disease
74AA Medical laboratories to give notice of cases of notifiable disease
74A National Cervical Screening Register [Repealed]
74B Medical laboratories may be required to give notice of cases of disease during epidemic
74C Priorities for medicines
74D Redirection of aircraft
75 Duty of occupier of premises as to infectious disease
76 Duty of master of vessel in harbour as to infectious disease
77 Medical officer of health may enter premises
78 Director-General of Health may order post-mortem examination
79 Isolation of persons likely to spread infectious disease
80 Offences in respect of infectious or communicable diseases
81 Power of local authority to disinfect premises
82 Medical officer of health may order premises to be disinfected
83 Infected articles may be destroyed
84 Establishment of mortuaries and disinfecting stations
85 Notice of death from infectious disease
86 Duties of local authorities as to burials
87 Compensation for persons injuriously affected
87A Communicable diseases occurring in animals
Venereal disease
88 Persons suffering from venereal disease to undergo treatment
89 Duty of medical practitioner as to patient suffering from venereal disease
90 Treatment of children
91 Persons other than medical practitioners treating venereal disease
92 Infecting any person with venereal disease
Part 3A
Trading in human blood and controlled human substance
[Repealed]
92A Interpretation [Repealed]
92B Trading in own blood or controlled human substance prohibited [Repealed]
92C Collection of blood or controlled human substance [Repealed]
92D Charging for administered blood or controlled human substance [Repealed]
92E Exemptions [Repealed]
92F Unauthorised advertising prohibited [Repealed]
92G Liability of employers, principals, and directors [Repealed]
92H Appointed entities to collect and distribute blood and controlled human substances [Repealed]
92I Exemption from Part 2 of Commerce Act 1986 [Repealed]
92J Protection of appointed entities [Repealed]
92K Exemption from Part 2 of Commerce Act 1986 [Repealed]
92L Protection of trustees of blood transfusion trust [Repealed]
Part 4
Quarantine
93 Port health officers [Repealed]
94 Places of inspection for ships
95 Infected places
96 Ships and aircraft liable to quarantine
97 People liable to quarantine
97A People liable to quarantine to comply with directions and supply information
97B Detention of craft and people
97C Lifting of detention of craft
97D Powers and duties of medical officer of health or health protection officer in relation to quarantinable diseases
97E Surveillance of certain people liable to quarantine
97F Children and people under disability
97G Offences against this Part
98 Continuance of liability to quarantine
99 Restrictions applying while ship liable to quarantine
100 Quarantine signal for ships
101 Inspection of ship or aircraft liable to quarantine
102 Ship's declaration of health
103 Aircraft declaration [Repealed]
104 Offences under last 2 preceding sections [Repealed]
105 Ship arriving from infected place
106 Ship with quarantinable disease on board
107 Grant of pratique
108 Persons suffering from quarantinable disease
109 Infected baggage, cargo, or stores
110 Disinfection and fumigation of craft
111 Power to board any ship and inspect
112 Offences
112AA Sections 70 and 71 and this Part operate independently
Part 4A
National Cervical Screening Programme
112A Purpose
112B Interpretation
Operation of NCSP
112C Appointment of persons to operate NCSP
112D Objectives of NCSP
112E Enrolment in NCSP
112F Duties of NCSP manager that relate to enrolled women
112G Procedure to prevent or cancel enrolment in NCSP
112H Duties of NCSP manager when women cancel enrolment in NCSP
112I Procedure to re-enrol in NCSP
112J Certain information held by NCSP must not be disclosed
112K Delegation of functions and powers
Duties to provide information to women and to NCSP
112L Duties of persons taking specimens for screening tests
112M Duty of persons performing colposcopic procedure
112N Duty of laboratories where specimens are analysed
Review of NCSP and duty of Director-General to report
112O Establishment of NCSP review committee
112P Work of review committee
112Q Review committee's access to information
112R Report by review committee
112S Duty of Director-General to report
Screening programme evaluators
112T Meaning of evaluate
112U Director-General may designate screening programme evaluators
112V Criteria for designating employees of Ministry
112W Criteria for designating persons who are not Ministry employees
112X Power of screening programme evaluators to access specimens and health information
112Y Duties of screening programme evaluators
112Z Duties of persons to whom evaluation material is supplied by screening programme evaluator
112ZA Screening programme evaluator may publish non-identifiable information obtained during evaluation
Duties to provide information to screening programme evaluators
112ZB Duty of health practitioners
112ZC Duty of persons who hold specimens
112ZD Duty of hospitals
Miscellaneous
112ZE Screening programme employees may retain, access, use, and disclose information to perform functions
112ZF Regulations
112ZG Incorporation of standards by reference in regulations
112ZH Effect of amendments to, or replacement of, standards incorporated by reference in regulations
112ZI Proof of standards incorporated by reference
112ZJ Effect of expiry or revocation of standards incorporated by reference
112ZK Requirement to consult
112ZL Access to standards incorporated by reference
112ZM Acts and Regulations Publication Act 1989 not applicable to standards incorporated by reference
112ZN Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference
112ZO Application of Standards Act 1988 not affected
112ZP Offences
Part 5
Air pollution
[Repealed]
113 Commencement of this Part [Repealed]
114 Inspection of chemical works [Repealed]
115 Duties of occupier of chemical works [Repealed]
116 Duties of occupiers of fertiliser works and sulphuric acid works [Repealed]
Part 6
Regulations
117 Regulations as to public health
118 Regulations as to quarantine
119 Regulations as to noxious substances and gases and dangerous goods
120 Regulations as to registration
120A Regulations as to homes and day-care centres for aged persons
120B Regulations as to camping grounds
120C Regulations as to housing improvement and overcrowding
121 Regulations as to qualifications of environmental health officers appointed by local authorities
121A Regulations as to retention of health information
122 Special provisions as to regulations
Part 7
Miscellaneous provisions
123 Powers of Director-General on default by local authority
123A Mandamus
124 Constitution and powers of boards of appeal
125 Medical examination of children
126 Infirm and neglected persons
126A Persons attempting to commit suicide [Repealed]
126B Blood transfusions [Repealed]
127 Attendance of medical officer of health at meetings of local authorities
128 Power of entry and inspection
128A Building Act 2004
129 Protection of persons acting under authority of Act
130 Expenses of local authorities
131 Service of documents
132 Procedure in respect of charges on land
132A Bursaries
133 Obstruction of officers
134 Failure to disclose name of owner or occupier
135 Interference by owner or occupier
136 General penalty for offences
137 Offences punishable on summary conviction
137A Incorporation of material by reference into regulations and compliance documents
137B Effect of amendments to, or replacement of, material incorporated by reference
137C Proof of material incorporated by reference
137D Effect of expiry of material incorporated by reference
137E Requirement to consult
137F Access to material incorporated by reference
137G Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference
137H Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
138 Other Acts not affected
139 Consequential amendments
140 Repeals and savings
Schedule 1
Infectious diseases
Schedule 2
Diseases notifiable to medical officer of health (other than notifiable infectious diseases)
Schedule 3
Offensive trades
Schedule 4
Chemical works
[Repealed]
Schedule 5
Noxious or offensive gases
[Repealed]
Schedule 6
Enactments amended
Schedule 7
Enactments repealed
Schedule 8
Regulations and notices revoked
Health (National Cervical Screening Programme) Amendment Act 2004
Health (Drinking Water) Amendment Act 2007
Human Tissue Act 2008
Reprint notes