71 Powers of medical officer of health on outbreak of infectious disease

(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

(iii)

personnel involved in loading, moving, unloading, distributing, erecting, or otherwise dealing with anything transported or to be transported under subparagraph (i) or subparagraph (ii):

(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 the 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 conviction before a District Court Judge to a fine not exceeding $1,000.

Compare: 1920 No 45 s 75

Section 71(1): amended, on 19 December 2006, by section 6(1) of the Health Amendment Act 2006 (2006 No 86).

Section 71(1): amended, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).

Section 71(1): amended, on 3 November 1964, by section 4 of the Health Amendment Act 1964 (1964 No 34).

Section 71(1)(a): replaced, on 19 December 2006, by section 6(2) of the Health Amendment Act 2006 (2006 No 86).

Section 71(1)(ab): inserted, on 19 December 2006, by section 6(2) of the Health Amendment Act 2006 (2006 No 86).

Section 71(1)(b): replaced, on 19 December 2006, by section 6(2) of the Health Amendment Act 2006 (2006 No 86).

Section 71(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 71(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 71(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 71(3): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).