Health Act 1956

  • This version was reprinted on 26 May 2016 to make corrections to sections 69ZZC(2) and 129(4) under section 25(1)(j)(ii) and (iv) of the Legislation Act 2012.

Reprint as at 1 March 2016

Coat of Arms of New Zealand

Health Act 1956

Public Act
 
1956 No 65
Date of assent
 
25 October 1956
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.

Contents

Title
1Short Title and commencement
2Interpretation
3Power of Governor-General in Council to amend Schedules
3AFunction of Ministry in relation to public health
3BDirector of Public Health
3CDirector-General to produce annual report on current state of public health
3DDirector of Public Health may provide advice or reports to Minister
3EPublic Health Group
3FPublic Health Group to consult
4Department of Health [Repealed]
5Director-General of Health [Repealed]
5ADeputy Directors-General and Assistant Directors-General of Health [Repealed]
5BDelegation of powers by Director-General [Repealed]
6Other officers and employees [Repealed]
6APart-time deputy medical officers of health [Repealed]
7Principal functions of Department [Repealed]
7AMedical officers of health and other officers
8Conservation of public health in areas outside jurisdiction of local authorities
9Delegation of powers by Minister [Repealed]
9AAdvisory committees and subcommittees [Repealed]
10Annual report [Repealed]
[Repealed]
11Board of Health [Repealed]
11AChairman and deputy chairman [Repealed]
12Remuneration and travelling allowances [Repealed]
13Meetings and procedure of Board [Repealed]
14Seal of Board [Repealed]
15Secretary to Board [Repealed]
16Functions of Board [Repealed]
17Board may be appointed as a commission of inquiry [Repealed]
18Committees of Board [Repealed]
18AAd hoc subcommittees [Repealed]
19Health districts
20Medical officer of health for every health district [Repealed]
21Evidence of authority of medical officer or health protection officer
22Certain officers to have functions of medical officers of health
22APowers of departmental officers under Factories and Commercial Premises Act 1981 [Repealed]
22BInterpretation
22CDisclosure of health information
22DDuty to provide health information
22EDuty to provide information for purposes of blood collection
22FCommunication of information for diagnostic and other purposes
22GInspection of records
22HAnonymous health information
22IOffence to fail to retain health information [Repealed]
22JExpiry of section 22I
23General powers and duties of local authorities in respect of public health
24Governor-General may exempt certain local authorities [Repealed]
25Local authority to provide sanitary works
26Appeal against requisition or determination of Board of Health [Repealed]
27Local authority may raise loans for sanitary works
27AGrants and subsidies for refuse disposal works, sewerage works, and water supplies
28Appointment of environmental health officers by local authorities
29Nuisances defined for purposes of this Act
30Penalties for permitting or causing nuisances
31Provisions of this Act as to nuisances to be in addition to other rights
32Provisions of this Act as to nuisances to apply to Crown
33Proceedings in respect of nuisances
34Power to abate nuisance without notice
35Proceedings when nuisance caused by default outside district
[Repealed]
36Local authorities to make provision for removal of refuse, etc [Repealed]
37Further provisions as to removal of refuse, etc [Repealed]
38Right of local authority to use portion of reserve for depot [Repealed]
39Requirements of dwellinghouses as to supply of water and sanitary conveniences
40Sanitary requirements for business premises [Repealed]
41Owners or occupiers may be required to cleanse premises
42Local authority may require repairs and issue closing order
43Appeal against closing order
44Issue of closing order by medical officer of health
45Determination of closing order
46Closing order for premises owned by local authority
47Failure to comply with closing order
48Local authority may require demolition [Repealed]
49District Court may make demolition order [Repealed]
50Issue of requisition by medical officer of health [Repealed]
51Enforcement of demolition order [Repealed]
52Offences in respect of requisition or demolition order [Repealed]
53Restriction on use of materials for building [Repealed]
53AMortgagee may do acts required of owner
53BProvisions where owner is a trustee
53CAdvances by local authority to owners
54Restrictions on carrying on offensive trade
55Appeal against decision of local authority or medical officer of health
56Local authority to notify medical officer of health of registered chemical works [Repealed]
57Local authority may restrict keeping of animals [Repealed]
58Restrictions on establishment of stock saleyards
59Appeal against decision of local authority or medical officer of health
[Repealed]
60Pollution of water supply [Repealed]
61Control of watercourses, etc [Repealed]
62Supply of water from polluted source [Repealed]
63Powers of Director-General as to polluted water supply [Repealed]
64Bylaws
65General provisions as to bylaws
65AEffect of Building Act 2004 on bylaws
66Penalties for breach of bylaws
67Mode of making bylaws
68Copies of bylaws to be available
[Repealed]
69Duties and powers of harbour boards [Repealed]
69APurpose
69BThis Part generally to apply on commencement
69CApplication of sections 69S to 69ZC generally
69DApplication of sections 69S to 69ZC to bulk suppliers
69EApplication of sections 69S to 69ZC to water carriers
69FBulk suppliers, networked suppliers, water carriers, and designated ports or airports may elect earlier compliance
69GInterpretation
69HAll practicable steps
69IPart binds the Crown
69JDrinking-water register
69KApplications for registration
69LRenewal of registration by water carriers
69MDuty to update details on register
69NRemoval from register
69OMinister may issue, adopt, amend, or revoke drinking-water standards
69PMinister must consult before issuing, adopting, or amending drinking-water standards
69QDrinking-water standards must be notified and made available
69RCommencement of drinking-water standards
69SDuty of suppliers in relation to provision of drinking water
69TDuties where risk to water is actual or foreseeable
69UDuty to take reasonable steps to contribute to protection of source of drinking water
69VDuty to take all practicable steps to comply with drinking-water standards
69WDuty to take reasonable steps to supply wholesome drinking water
69XDuties in relation to new water sources
69YDuty to monitor drinking water
69ZDuty to prepare and implement water safety plan
69ZAMedical officer of health may require preparation and implementation of water safety plan
69ZBDuration of plans
69ZCReview and renewal of plans
69ZDDuty to keep records and make them available
69ZEDuty to investigate complaints
69ZFDuty to take remedial action if drinking-water standards breached
69ZGDuty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health
69ZHDuty to provide information to territorial authority
69ZITemporary supplier to notify medical officer of health of source and quality of raw water
69ZJPowers of medical officer of health relating to temporary drinking-water suppliers
69ZKDirector-General may appoint drinking-water assessors
69ZLFunctions of drinking-water assessors
69ZMDrinking-water assessors accountable to Director-General for performance of functions
69ZNFunctions of designated officers
69ZOPowers of designated officers
69ZPPowers of drinking-water assessors and designated officers
69ZQAncillary powers
69ZRRestrictions on exercise of powers
69ZSRequirement for warrant to enter dwellinghouse
69ZTStandard conditions applying where warrant executed
69ZUDrinking-water assessors and designated officers must produce identification
69ZVInventory of things seized to be provided
69ZWReview of decisions of drinking-water assessors
69ZXRegister of drinking-water assessors
69ZYDirector-General may recognise laboratories
69ZZCompliance tests must be carried out by recognised laboratory
69ZZAMinister may declare drinking-water emergency
69ZZBMaximum duration of drinking-water emergency declaration
69ZZCDrinking-water emergency may be declared or continued even if other emergency declared
69ZZDSpecial powers of designated officers during drinking-water emergency
69ZZECompensation for property requisitioned or destroyed
69ZZFActions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991
69ZZGEffect of exemption
69ZZHMedical officer of health may issue compliance order
69ZZICompliance with compliance order
69ZZJForm and content of compliance order
69ZZKAppeals
69ZZLStay of compliance order pending appeal
69ZZMVariation and cancellation of compliance order
69ZZNAppeals against decision on change or cancellation of compliance order
69ZZOContamination of raw water or pollution of water supply
69ZZPLocal authority may be required to warn users of self-supplied building water supplies about contamination
69ZZQOffence to supply or transport water if not registered
69ZZROffences against sections in this Part
69ZZSStrict liability and defence to offences
69ZZTOffences involving deception
69ZZUTime for filing charging document
69ZZVPenalties
69ZZWAdditional penalty for certain offences for commercial gain
69ZZXLiability of principal for acts of agents
69ZZYRegulations
69ZZZProtecting water supplies from risk of back-flow
69ZZZAKeeping, inspection, and copying of registers
69ZZZBDirector-General must publish annual report
69ZZZCStatements by Director-General
69ZZZDProtection of persons performing or exercising functions, duties, or powers under this Part
69ZZZERelationship between this Part and other enactments
70Special powers of medical officer of health
71Powers of medical officer of health on outbreak of infectious disease
71APower of constables to assist medical officer of health in relation to infectious diseases
72Offences relating to obstructing medical officer of health or people assisting medical officer of health
73Medical officer of health may cause sanitary works to be undertaken
74Medical practitioners to give notice of cases of notifiable disease
74AAMedical laboratories to give notice of cases of notifiable disease
74ANational Cervical Screening Register [Repealed]
74BMedical laboratories may be required to give notice of cases of disease during epidemic
74CPriorities for medicines
74DRedirection of aircraft
75Duty of occupier of premises as to infectious disease
76Duty of master of vessel in harbour as to infectious disease
77Medical officer of health may enter premises
78Director-General of Health may order post-mortem examination
79Isolation of persons likely to spread infectious disease
80Offences in respect of infectious or communicable diseases
81Power of local authority to disinfect premises
82Medical officer of health may order premises to be disinfected
83Infected articles may be destroyed
84Establishment of mortuaries and disinfecting stations
85Notice of death from infectious disease
86Duties of local authorities as to burials
87Compensation for persons injuriously affected
87ACommunicable diseases occurring in animals
88Persons suffering from venereal disease to undergo treatment
89Duty of medical practitioner as to patient suffering from venereal disease
90Treatment of children
91Persons other than medical practitioners treating venereal disease
92Infecting any person with venereal disease
[Repealed]
92AInterpretation [Repealed]
92BTrading in own blood or controlled human substance prohibited [Repealed]
92CCollection of blood or controlled human substance [Repealed]
92DCharging for administered blood or controlled human substance [Repealed]
92EExemptions [Repealed]
92FUnauthorised advertising prohibited [Repealed]
92GLiability of employers, principals, and directors [Repealed]
92HAppointed entities to collect and distribute blood and controlled human substances [Repealed]
92IExemption from Part 2 of Commerce Act 1986 [Repealed]
92JProtection of appointed entities [Repealed]
92KExemption from Part 2 of Commerce Act 1986 [Repealed]
92LProtection of trustees of blood transfusion trust [Repealed]
93Port health officers [Repealed]
94Places of inspection for ships
95Infected places
96Ships and aircraft liable to quarantine
97People liable to quarantine
97APeople liable to quarantine to comply with directions and supply information
97BDetention of craft and people
97CLifting of detention of craft
97DPowers and duties of medical officer of health or health protection officer in relation to quarantinable diseases
97ESurveillance of certain people liable to quarantine
97FChildren and people under disability
97GOffences against this Part
98Continuance of liability to quarantine
99Restrictions applying while ship liable to quarantine
100Quarantine signal for ships
101Inspection of ship or aircraft liable to quarantine
102Ship’s declaration of health
103Aircraft declaration [Repealed]
104Offences under last 2 preceding sections [Repealed]
105Ship arriving from infected place
106Ship with quarantinable disease on board
107Grant of pratique
108Persons suffering from quarantinable disease
109Infected baggage, cargo, or stores
110Disinfection and fumigation of craft
111Power to board any ship and inspect
112Offences
112AASections 70 and 71 and this Part operate independently
112APurpose
112BInterpretation
112CAppointment of persons to operate NCSP
112DObjectives of NCSP
112EEnrolment in NCSP
112FDuties of NCSP manager that relate to enrolled women
112GProcedure to prevent or cancel enrolment in NCSP
112HDuties of NCSP manager when women cancel enrolment in NCSP
112IProcedure to re-enrol in NCSP
112JCertain information held by NCSP must not be disclosed
112KDelegation of functions and powers
112LDuties of persons taking specimens for screening tests
112MDuty of persons performing colposcopic procedure
112NDuty of laboratories where specimens are analysed
112OEstablishment of NCSP review committee
112PWork of review committee
112QReview committee’s access to information
112RReport by review committee
112SDuty of Director-General to report
112TMeaning of evaluate
112UDirector-General may designate screening programme evaluators
112VCriteria for designating employees of Ministry
112WCriteria for designating persons who are not Ministry employees
112XPower of screening programme evaluators to access specimens and health information
112YDuties of screening programme evaluators
112ZDuties of persons to whom evaluation material is supplied by screening programme evaluator
112ZAScreening programme evaluator may publish non-identifiable information obtained during evaluation
112ZBDuty of health practitioners
112ZCDuty of persons who hold specimens
112ZDDuty of hospitals
112ZEScreening programme employees may retain, access, use, and disclose information to perform functions
112ZFRegulations
112ZGIncorporation of standards by reference in regulations
112ZHEffect of amendments to, or replacement of, standards incorporated by reference in regulations
112ZIProof of standards incorporated by reference
112ZJEffect of expiry or revocation of standards incorporated by reference
112ZKRequirement to consult
112ZLAccess to standards incorporated by reference
112ZMApplication of Legislation Act 2012 to standards incorporated by reference
112ZNApplication of Regulations (Disallowance) Act 1989 to standards incorporated by reference [Repealed]
112ZOApplication of Standards and Accreditation Act 2015 not affected
112ZPOffences
[Repealed]
113Commencement of this Part [Repealed]
114Inspection of chemical works [Repealed]
115Duties of occupier of chemical works [Repealed]
116Duties of occupiers of fertiliser works and sulphuric acid works [Repealed]
117Regulations as to public health
118Regulations as to quarantine
119Regulations as to noxious substances and gases and dangerous goods
120Regulations as to registration
120ARegulations as to homes and day-care centres for aged persons
120BRegulations as to camping grounds
120CRegulations as to housing improvement and overcrowding
121Regulations as to qualifications of environmental health officers appointed by local authorities
121ARegulations as to retention of health information
122Special provisions as to regulations
123Powers of Director-General on default by local authority
123AMandamus
124Constitution and powers of boards of appeal
125Medical examination of children
126Infirm and neglected persons
126APersons attempting to commit suicide [Repealed]
126BBlood transfusions [Repealed]
127Attendance of medical officer of health at meetings of local authorities
128Power of entry and inspection
128ABuilding Act 2004
129Protection of persons acting under authority of Act
130Expenses of local authorities
131Service of documents
132Procedure in respect of charges on land
132ABursaries
133Obstruction of officers
134Failure to disclose name of owner or occupier
135Interference by owner or occupier
136General penalty for offences
137Offences punishable on summary conviction [Repealed]
137AIncorporation of material by reference into regulations and compliance documents
137BEffect of amendments to, or replacement of, material incorporated by reference
137CProof of material incorporated by reference
137DEffect of expiry of material incorporated by reference
137ERequirement to consult
137FAccess to material incorporated by reference
137GApplication of Legislation Act 2012 to material incorporated by reference
137HApplication of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed]
138Other Acts not affected
139Consequential amendments
140Repeals and savings
[Repealed]
[Repealed]
Reprint notes

An Act to consolidate and amend the law relating to public health