New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 26 June 2009
| 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4 Department of Health [Repealed]
5 Director-General of Health [Repealed]
5B Delegation of powers by Director-General [Repealed]
6 Other officers and employees [Repealed]
6A Part-time Deputy Medical Officers of Health [Repealed]
7 Principal functions of Department [Repealed]
9 Delegation of powers by Minister [Repealed]
9A Advisory Committees and subcommittees [Repealed]
10 Annual Report [Repealed]
11 Board of Health [Repealed]
11A Chairman and Deputy Chairman [Repealed]
12 Remuneration and travelling allowances [Repealed]
13 Meetings and procedure of Board [Repealed]
14 Seal of Board [Repealed]
15 Secretary to Board [Repealed]
16 Functions of Board [Repealed]
18 Committees of Board [Repealed]
18A Ad hoc subcommittees [Repealed]
22I Offence to fail to retain health information [Repealed]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40 Sanitary requirements for business premises [Repealed]
48 Local authority may require demolition [Repealed]
49 District Court may make demolition order [Repealed]
51 Enforcement of demolition order [Repealed]
53 Restriction on use of materials for building [Repealed]
56 [Repealed]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69 Duties and powers of Harbour Boards [Repealed]
69F Bulk suppliers, networked suppliers, water carriers, and designated ports or airports may elect earlier compliance
Registration of drinking-water suppliers and certain self-suppliers
Duties of drinking-water suppliers and temporary drinking-water suppliers
69ZA Medical officer of health may require preparation and implementation of public health risk management plan
69ZG Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health
Drinking-water assessors and designated officers
69ZZF Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991
Contamination of water supplies and sources
69ZZP Local authority may be required to warn users of self-supplied building water supplies about contamination
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]
92A Interpretation [Repealed]
92E Exemptions [Repealed]
92F Unauthorised advertising prohibited [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]
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 the New Zealand Transport Agency, 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).
Section 22C(2)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
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 63 of the Human Tissue Act 2008, 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: amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
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, drinking water, 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).
Section 23(f): amended, on 1 July 2008, by section 4 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
[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 water that is potable (as defined in section 69G), 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.
Section 39(1)(a): amended, on 1 July 2008, by section 5 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
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).
Part 2A: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) The purpose of this Part is to protect the health and safety of people and communities by promoting adequate supplies of safe and wholesome drinking water from all drinking-water supplies.
(2) Accordingly, this Part—
(a) provides for the Ministry to maintain a register of all drinking-water suppliers; and
(b) provides for the Minister to issue or adopt drinking-water standards; and
(c) imposes a range of duties on drinking-water suppliers, including duties to—
(i) monitor drinking water; and
(ii) take all practicable steps to comply with the drinking-water standards; and
(iii) implement risk management plans; and
(d) imposes a range of duties on water carriers; and
(e) provides for the appointment of drinking-water assessors to assess compliance with this Part, and sets out their functions and powers; and
(f) provides for the Director-General to recognise laboratories for the purposes of analysing drinking water; and
(g) sets out certain emergency powers that are available during public health emergencies relating to drinking water; and
(h) creates various offences; and
(i) provides for the dissemination of information about drinking water.
Section 69A: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) The provisions of this Part (except sections 69S to 69ZC) apply on and after their commencement.
(2) The provisions of sections 69S to 69ZC apply to drinking-water suppliers in accordance with sections 69C to 69F.
(3) Section 69ZA applies to a temporary drinking-water supplier on and after 1 July 2009.
Section 69B: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) A drinking-water supplier who, on or after 1 July 2009 or any later date appointed for the purposes of this subsection by the Governor-General by Order in Council, commences supplying drinking water using a new drinking-water supply that is a large, medium, minor, small, neighbourhood, or rural agricultural drinking-water supply, must comply with sections 69S to 69ZC in respect of that drinking-water supply, on and after the commencement of supply.
(2) A networked supplier or operator of a designated port or airport who uses a large drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2009 or any later date appointed for the purposes of this subsection by the Governor-General by Order in Council.
(3) A networked supplier or operator of a designated port or airport who uses a medium drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2010 or any later date appointed for the purposes of this subsection by the Governor-General by Order in Council.
(4) A networked supplier or operator of a designated port or airport who uses a minor drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2011 or any later date appointed for the purposes of this subsection by the Governor-General by Order in Council.
(5) A networked supplier or operator of a designated port or airport who uses a small drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2012 or any later date appointed for the purposes of this subsection by the Governor-General by Order in Council.
(6) A networked supplier or operator of a designated port or airport who uses a neighbourhood drinking-water supply must comply with sections 69S to 69ZC in respect of that supply, on and after 1 July 2013 or any later date appointed for the purposes of this subsection by the Governor-General by Order in Council.
(7) Despite subsections (2) to (6), a networked supplier or operator of a designated port or airport who uses a rural agricultural drinking-water supply must comply with sections 69S to 69ZC in respect of that supply on the latest of the following dates:
(a) 1 July 2013:
(b) the date on which the drinking-water standards are amended to make specific provision in respect of rural agricultural drinking-water supplies:
(c) any later date appointed for the purposes of this subsection by the Governor-General by Order in Council.
(8) sections 69S to 69ZC do not apply to a drinking-water supplier who—
(a) supplies drinking water from a supply that is smaller than a neighbourhood drinking-water supply; and
(b) is not a water carrier.
Section 69C: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Section 69C(1): 1 July 2012 appointed as later date for the purposes of section 69C(1) of the Health Act 1956, on 26 June 2009, by clause 3(1) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).
Section 69C(2): 1 July 2012 appointed as later date for the purposes of section 69C(2) of the Health Act 1956, on 26 June 2009, by clause 3(2) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).
Section 69C(3): 1 July 2013 appointed as later date for the purposes of section 69C(3) of the Health Act 1956, on 26 June 2009, by clause 3(3) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).
Section 69C(4): 1 July 2014 appointed as later date for the purposes of section 69C(4) of the Health Act 1956, on 26 June 2009, by clause 3(4) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).
Section 69C(5): 1 July 2015 appointed as later date for the purposes of section 69C(5) of the Health Act 1956, on 26 June 2009, by clause 3(5) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).
Section 69C(6): 1 July 2016 appointed as later date for the purposes of section 69C(1) of the Health Act 1956, on 26 June 2009, by clause 3(6) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).
Section 69C(7): 1 July 2016 appointed as later date for the purposes of section 69C(7) of the Health Act 1956, on 26 June 2009, by clause 3(7) of the Health (Deferral of General Application of Sections 69S to 69ZC) Order 2009 (SR 2009/176).
A bulk supplier must comply with sections 69S to 69ZC in respect of each supply of water made by that supplier to another drinking-water supplier, on and after the date on which any drinking-water supplier to whom the supply is made is required to comply with those sections in respect of their own supply.
Section 69D: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) A water carrier who supplies water provided by a networked supplier or operator of a designated port or airport from a drinking-water supply must comply with sections 69S to 69ZC on and after the date on which the supplier who operates the supply is required to comply with those sections, in respect of that supply.
(2) A water carrier who provides water from a drinking-water supply operated by a person other than a networked supplier or operator of a designated port or airport must comply with sections 69S to 69ZC on and after a date determined by the medical officer of health and notified in writing to the water carrier.
Section 69E: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Any bulk supplier, networked supplier, water carrier, or designated port or airport may, by notice in writing to the Director-General, elect to comply with all the provisions of this Part before that person would be required to comply with those provisions under any of sections 69C to 69E.
(2) If any notice is given to the Director-General under subsection (1) the provisions of this Part apply to the bulk supplier, networked supplier, water carrier, or designated port or airport concerned on and after the date on which the notice is received.
Section 69F: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
In this Part, unless the context otherwise requires,—
adequate supply, in relation to the drinking water supplied to a property, means either—
(a) the minimum quantity of drinking water that is required by the occupants of that property, on an ongoing basis, for their ordinary domestic and food preparation use and sanitary needs; or
(b) if regulations have been made under section 69ZZY(1)(a) prescribing the quantity of drinking water, or a formula for determining the quantity of drinking water, that is an adequate supply to a property, the amount specified in, or calculated according to the formula set out in, those regulations
adverse aesthetic effect means an effect on the colour, clarity, smell, taste, or general appearance of drinking water that exceeds any aesthetic guideline values set out in the drinking-water standards
bulk supplier means a drinking-water supplier who supplies drinking water solely or primarily to another drinking-water supplier or suppliers
contamination means,—
(a) in relation to raw water that does not normally require treatment to be suitable for use as drinking water, the introduction of a substance or organism into that water or a source of that water, which—
(i) makes that water unpalatable or unsuitable for human consumption; or
(ii) requires that water to be treated to make it palatable or suitable for human consumption; and
(b) in relation to raw water that normally requires treatment to become suitable for use as drinking water, the introduction of a substance or organism into that water or a source of that water, which makes that water unpalatable or unsuitable for human consumption, without intensified, or enhanced, or alternative, drinking-water treatment to make it palatable or suitable for human consumption
critical points—
(a) means the points in a drinking-water supply at which it is possible for the supplier to eliminate, minimise, or isolate hazards to the drinking water that may result in failure to comply with this Part or with the drinking-water standards; and
(b) includes (without limitation) any points where drinking water is transferred from—
(i) a networked supplier to a water carrier; or
(ii) a water carrier to a networked supplier; or
(iii) a bulk supplier to a networked supplier; or
(iv) a networked supplier to any other networked supplier; or
(v) a networked supplier to a designated port or airport; or
(vi) any designated port or airport to any networked supplier or to any water carrier
designated officer means a person designated under section 7A as a medical officer of health, or as a health protection officer
designated port or airport means a port or airport for the time being approved under section 37(1) of the Biosecurity Act 1993 or treated as designated under section 184 of that Act, as a place of first arrival for all craft or craft of specified kinds or descriptions
determinand means—
(a) a substance or organism in water in circumstances where the extent to which any water contains that substance or organism may be determined or estimated reasonably accurately; or
(b) a characteristic or possible characteristic of water in circumstances where the extent to which any water exhibits that characteristic may be determined or estimated reasonably accurately
domestic and food preparation use, in relation to water, means use for any of the following purposes
(a) human consumption:
(b) preparing food or drink for human consumption:
(c) preparing or processing products ultimately intended for human consumption:
(d) washing utensils used for preparing, storing, or serving food or drink for human consumption:
(e) washing utensils used by people for eating or drinking:
(f) human oral hygiene
drinking water—
(a) means—
(i) water that is potable; or
(ii) in the case of water available for supply, water that is—
(A) held out by its supplier as being suitable for drinking and other forms of domestic and food preparation use, whether in New Zealand or overseas; or
(B) supplied to people known by its supplier to have no reasonably available and affordable source of water suitable for drinking and other forms of domestic and food preparation use other than the supplier and to be likely to use some of it for drinking and other forms of domestic and food preparation use; but
(b) while standards applying to bottled water are in force under the Food Act 1981, does not include—
(i) any bottled water that is covered by those standards; or
(ii) any bottled water that is exported; and
(c) to avoid doubt, does not include any water used by animals or for irrigation purposes that does not enter a dwellinghouse or other building in which water is drunk by people or in which other domestic and food preparation use occurs
drinking-water assessor means a drinking-water assessor appointed under section 69ZK; and includes, in the case of a drinking-water assessor that is an agency, an employee or a contractor of that agency engaged in carrying out the functions of a drinking-water assessor
drinking-water emergency declaration means a declaration under section 69ZZA
drinking-water register means the register of drinking-water suppliers and supplies maintained under section 69J
drinking-water standards means—
(a) standards issued or adopted under section 69O; or
(b) if section 14(5) of the Health (Drinking Water) Amendment Act 2007 applies, the Drinking-Water Standards for New Zealand 2000
drinking-water supplier means a person who supplies drinking water to people in New Zealand or overseas from a drinking-water supply, and—
(a) includes that person's employees, agents, lessees, and subcontractors while carrying out duties in respect of that drinking-water supply; and
(b) includes (without limitation)—
(i) a networked supplier; and
(ii) a water carrier; and
(iii) every person who operates a designated port or airport; and
(iv) a bulk supplier; and
(v) any person or class of person declared by regulations made under section 69ZZY to be a drinking-water supplier for the purposes of this Part (a prescribed supplier); but
(c) does not include—
(i) a temporary drinking-water supplier; or
(ii) a self-supplier; or
(iii) any person or class of person declared by regulations made under section 69ZZY not to be a drinking-water supplier for the purposes of this Part
drinking-water supply—
(a) means a publicly or privately owned system for supplying drinking water to a person or group of persons, on a temporary or permanent basis, up to but not including the point of supply; and
(b) includes, without limitation, a networked reticulation system, a well, a reservoir, or a tanker
large drinking-water supply means a drinking-water supply that is used to supply drinking water to more than 10 000 people for at least 60 days per year
maximum acceptable value, in relation to a determinand, means a value stated in the drinking-water standards as the maximum extent to which drinking water may contain or exhibit that determinand without being likely to present a significant risk to an average person consuming that water over a lifetime
medical officer of health includes any medical officer of health whose health district includes any place to which any intended action or other thing relates (whether or not the action or thing also has effect in another health district)
medium drinking-water supply means a drinking-water supply that is used to supply drinking water to between 5 001 and 10 000 people (inclusive) for at least 60 days per year
minor drinking-water supply means a drinking-water supply that is used to supply drinking water to between 501 and 5 000 people (inclusive) for at least 60 days per year
neighborhood drinking-water supply means a drinking-water supply that is used to supply drinking water to—
(a) between 25 and 100 people (inclusive) for at least 60 days per year; or
(b) any number of persons for at least 60 days per year if
(i) the number of those persons when multiplied by the number of days per year during which those persons receive water from that supply is 6 000 or greater; but
(ii) the number of those persons is not greater than 100 on 60 or more days in any year
networked supplier—
(a) means a drinking-water supplier who supplies drinking water from the place where the supply is to 1 or more other properties, by means of a pipe connecting those properties; but
(b) does not include a bulk supplier
owner, in relation to any land (including buildings on that land), means the person who is for the time being entitled to the rent on that land or who would be so entitled if the land were let to a tenant for rent and includes—
(a) the owner of the fee simple of the land; and
(b) any person who has agreed in writing to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land—
(i) once the conditions in the agreement relating to the purchase have been satisfied; and
(ii) if subparagraph (i) applies, while the agreement is in force
point of supply means—
(a) in the case of drinking water supplied through a networked reticulated system to any property, whichever of the following is applicable:
(i) the point of supply as defined in any bylaw, supply agreement, or local Act that applies in respect of that system:
(ii) if subparagraph (i) does not apply, the point immediately on the property owner's side of the toby:
(iii) if neither subparagraph (i) nor (ii) applies and there is no toby, the point at which that system joins the pipework that forms part of—
(A) the water supply utility system from any building on that property; or
(B) any other pipework on that property (whether or not used for the supply of drinking water):
(iv) if neither subparagraph (i) nor (ii) applies, and there is no point referred to in subparagraph (iii), the last point at which the supply of water can be interrupted or stopped before it reaches any tap on the property:
(b) in the case of drinking water supplied by a water carrier, the end of the hose or fitting used by that carrier to supply drinking water from that carrier's means of transportation:
(c) in the case of drinking water placed into a container, the point at which the water is placed into that container
pollution means the introduction of a substance or organism into drinking water or a drinking-water supply system that causes or may cause that water, or as the case requires, water in that system, to exceed the maximum acceptable values for determinands specified in the drinking-water standards
port includes an anchorage, a harbour, and a wharf
potable, in relation to drinking water, means water that does not contain or exhibit any determinands to any extent that exceeds the maximum acceptable values (other than aesthetic guideline values) specified in the drinking-water standards
public health risk management plan means a plan prepared and operated by a drinking-water supplier or other person under section 69Z or 69ZA
raw water—
(a) means water intended for domestic and food preparation use that has been taken from a source of water but—
(i) has not been assessed for suitability for that use without treatment; or
(ii) is not suitable for that use without treatment and has not yet been treated to make it suitable for that use; but
(b) does not include—
(i) water that has been assessed as suitable for that use without treatment; or
(ii) water that has been treated to make it suitable for that use; or
(iii) water that has not entered any pipe, tank, or cistern leading from a source of raw water
rural agricultural drinking-water supply means—
(a) a large, medium, minor, small, or neighbourhood drinking-water supply from which 75% or more of the water supplied—
(i) is used for the purposes of commercial agriculture; and
(ii) does not enter a dwellinghouse or other building in which water is drunk by people or other domestic and food preparation use occurs; but
(b) does not include a drinking-water supply using a single connection to provide water to—
(i) a town; or
(ii) a village or other place with a permanent population of 50 people or more that is used primarily for residential purposes
self-supplier means a person who owns a drinking-water supply that is exclusively used to supply water to—
(a) 1 property that is also owned by that person; or
(b) 1 or more buildings that are also owned by that person
small drinking-water supply means a drinking-water supply that—
(a) is used to supply drinking water to between 101 and 500 people (inclusive) for at least 60 days per year; and
(b) is not a drinking-water supply to which paragraph (a) or (b) of the definition of neighbourhood drinking-water supply applies
specified drinking-water supplier has the meaning set out in section 69J(1)(a)
specified self-supplier has the meaning set out in section 69J(1)(b)
temporary drinking-water supplier—
(a) means a person who—
(i) supplies drinking water to a place on a temporary basis for a particular event, function, or gathering where the number of persons attending on any one day is 25 or greater; or
(ii) from time to time, supplies drinking water to any person (including the supplier), but not for more than 59 days per year in total; or
(iii) supplies drinking water on a temporary basis when a drinking-water supply used to supply drinking water to a person or group of persons on a permanent basis is not functioning for any reason; but
(b) does not include—
(i) a person who exports drinking water to another country; or
(ii) any other person or class of person declared by regulations made under section 69ZZY not to be a temporary drinking-water supplier
toby, in relation to any property, means the valve at the end of the service pipe that forms part of a networked reticulated system and that connects to the supply pipe forming part of—
(a) the water supply utility system of any building on the property; or
(b) any other pipework on the property (whether or not used for the supply of drinking water)
water carrier—
(a) means any drinking-water supplier, temporary drinking-water supplier, or prescribed class of person who transports or otherwise supplies raw water or drinking water—
(i) in trucks or other vehicles; or
(ii) by rail; or
(iii) in ships or other vessels; or
(iv) by any means other than by pipes connecting the place where the supply is to the other property or properties to which the water is delivered from the place where the supply is to another property; but
(b) does not include any other person or class of person declared by regulations made under section 69ZZY not to be a water carrier
wholesome, in relation to drinking water, means—
(a) being potable; and
(b) not containing or exhibiting any determinand in an amount that exceeds the value stated in the guideline values for aesthetic determinands in the drinking-water standards as being the maximum extent to which drinking water may contain or exhibit the determinand without being likely to have an adverse aesthetic effect on the drinking water
working day has the same meaning as in section 5(1) of the Local Government Act 2002.
Section 69G: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) In this Part, all practicable steps, in relation to the achievement of any particular result by a person, means all steps to achieve that result that it is reasonably practicable to take in the circumstances,—
(a) having particular regard to—
(i) their availability; and
(ii) subject to subsection (3), their affordability, in light of the person's financial position; and
(b) having regard to—
(i) the nature and severity of the harm that may be suffered if the result is not achieved; and
(ii) the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and
(iii) the current state of knowledge about harm of that nature; and
(iv) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each.
(2) To avoid doubt, a person required by this Part to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.
(3) A person who wishes to rely on subsection (1)(a)(ii) as a reason for not taking any step or steps to achieve a result—
(a) must keep a full and complete record of that person's financial position and those of any associated person (as defined in section YA 1 of the Income Tax Act 2007); and
(b) if a drinking-water assessor or designated officer asks why the person has failed to take that step or steps, must, as soon as practicable and in any event not more than 28 days later,—
(i) tell the assessor or officer that the step or steps are not affordable in light of the person's financial position; and
(ii) give a copy of the records referred to in paragraph (a) to the officer or assessor.
Section 69H: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) This Part binds the Crown except as provided in subsection (2).
(2) This Part does not apply in respect of drinking water supplied by the New Zealand Defence Force—
(a) other than through a networked supply; and
(b) in compliance with international drinking-water code QSTAG245 or other similar standard regulating the quality of drinking water used for military purposes.
Section 69I: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) The Director-General must maintain a register of persons who are—
(a) networked suppliers, bulk suppliers, water carriers, operators of designated ports or airports, or prescribed suppliers (specified drinking-water suppliers); or
(b) self-suppliers who supply water to community-purpose buildings owned by them (specified self-suppliers).
(2) The purpose of the register is—
(a) to enable members of the public to know who is registered as a specified drinking-water supplier or a specified self-supplier and to provide information about their supplies or sources of water; and
(b) to facilitate the ability of the Director-General to provide information to drinking-water suppliers and specified self-suppliers; and
(c) to facilitate the exercise of the compliance, assessment, and enforcement functions and powers of drinking-water assessors, designated officers, and the Director-General.
(3) The following particulars must be recorded in the register in respect of every person registered as a drinking-water supplier (other than as a water carrier) or as a specified self-supplier:
(a) the name and contact address (including the electronic address, if available) of the supplier:
(b) the nature of the person's drinking-water supply and the maximum daily volume it is capable of delivering:
(c) the date on which the supplier was registered:
(d) the source or sources of water used for drinking-water purposes:
(e) in the case of a drinking-water supplier, whether that person is a networked supplier, bulk supplier, the operator of a designated port or airport, or a prescribed supplier:
(f) any other particulars that may be required by or under this Part or regulations made under section 69ZZY.
(4) The following particulars must be recorded in the register in respect of every drinking-water supplier registered as a water carrier:
(a) the name and contact address (including the electronic address, if available) of the carrier:
(b) the date on which the water carrier was registered and the date of each renewal of that person's registration:
(c) the source or sources of raw water or drinking water that is transported by the water carrier:
(d) prescribed particulars relating to each vehicle, vessel, or rail wagon (and any associated equipment such as demountable tanks, hoses, and fittings) used by a water carrier to transport raw water or drinking water:
(e) any other particulars that may be required by or under this Part or regulations made under section 69ZZY.
(5) The register may also include any other information relevant to a drinking-water supplier, specified self-supplier, or a drinking-water supply that the Director-General considers appropriate.
Section 69J: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) A person who supplies or intends to supply drinking water from a drinking-water supply (other than as a self-supplier) must apply to the Director-General, in a manner approved by the Director-General, for registration on the drinking-water register.
(2) Every specified self-supplier must apply to the Director-General, in a manner approved by the Director-General, for registration on the drinking-water register.
(3) Every application for registration must be in the form provided for the purpose by the Director-General.
(4) On receiving an application that complies with the requirements of this section, the Director-General must—
(a) register the person as a specified drinking-water supplier, or a specified self-supplier, and in the case of a person registered as a specified drinking-water supplier, also as—
(i) a networked supplier; or
(ii) a water carrier; or
(iii) a designated port or airport; or
(iv) a bulk supplier; or
(v) a prescribed supplier; and
(b) show the date of registration on the register; and
(c) notify the person in writing accordingly.
Section 69K: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every person registered as a water carrier must in each 12-month period, during a month allocated for the purpose by the Director-General, apply for a renewal of registration as a water carrier.
(2) Every application for a renewal of registration must be in the form provided for the purpose by the Director-General, and must be accompanied by—
(a) a certificate, from a drinking-water assessor, no more than 3 months old, stating that the assessor has assessed the practices and procedures of the water carrier and certifies that those practices and procedures comply with this Part; and
(b) the prescribed particulars for each vehicle, vessel, or rail wagon (and any associated equipment such as demountable tanks, hoses, and fittings) used by the water carrier to transport raw water or drinking water.
(3) On receiving an application that complies with the requirements of this section, the Director-General must, unless subsection (4) applies,—
(a) renew the registration of the person as a water carrier, showing the date of renewal of registration; and
(b) notify the person in writing accordingly.
(4) The Director-General may refuse to renew the registration of a person as a water carrier if the Director-General is satisfied that the water carrier—
(a) has failed to comply with the requirements of this Part; or
(b) is unable to comply with the requirements of this Part.
Section 69L: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) A drinking-water supplier or specified self-supplier who intends to change any particulars that are recorded in respect of that person or that person's drinking-water supply on the drinking-water register or to cease operation as a supplier must notify the Director-General, in writing, of the change and the proposed date of the change, at least 2 weeks before the proposed date of the change.
(2) A water carrier who intends to cease operation as a carrier or to change any particulars that are recorded in respect of that person or in respect of any vehicle, vessel, or rail wagon used for water transportation or who begins to use a vehicle, vessel, or rail wagon (and any associated equipment such as demountable tanks, hoses, and fittings) for the purposes of water transportation or who ceases to use a vehicle, vessel, or rail wagon for the purposes of water transportation must notify the Director-General, in writing, of the change and the proposed date of the change.
(3) A notice under subsection (1) or (2) must be given as soon as practicable after the details of the proposed change are known to the supplier.
Section 69M: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) The Director-General must remove a person's name from the drinking-water register if—
(a) that person is registered as a water carrier or as a specified self-supplier, and applies to the Director-General, in writing, to have that person's name removed from the register; and
(b) the Director-General is satisfied that the person has ceased to carry on business as a water carrier or has ceased to be a specified self-supplier, as the case requires.
(2) The Director-General may remove the name of any person registered as a water carrier from the drinking-water register if the Director-General is satisfied that the water carrier—
(a) has failed to comply with the requirements of this Part; or
(b) is unable to comply with the requirements of this Part.
(3) Despite subsections (1) and (2), the Director-General may retain on the register all relevant details relating to the water-supply activities of a person whose name has been removed from the register, if the fact of that removal is clearly noted on the register to avoid any confusion.
Section 69N: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) The Minister may, by written notice,—
(a) issue or adopt standards applicable to drinking water; and
(b) revoke or amend any existing standards.
(2) Standards issued or adopted under this section may, without limitation, specify or provide for all or any of the following:
(a) requirements for drinking water safety (including requirements relating to the transportation of raw water or drinking water):
(b) requirements for drinking water composition, including—
(i) maximum amounts of substances or organisms or contaminants or residues that may be present in drinking water; and
(ii) maximum amounts of substances that may be present in drinking water; and
(iii) maximum acceptable values for chemical, radiological, microbiological, and other characteristics of drinking water:
(c) criteria and procedures for demonstrating compliance with the standards, including the methods or tests by which the levels of determinands present in raw water or drinking water must be calculated or ascertained:
(d) monitoring analytical and calibration requirements, including minimum sampling and testing frequencies, and procedural requirements relating to sampling and analysis:
(e) performance standards that drinking-water suppliers, drinking-water assessors, and recognised laboratories are required to meet when sampling and testing raw water or drinking water:
(f) remedial actions to be taken if non-compliance with different aspects of the standards is detected:
(g) records that must be kept by drinking-water suppliers:
(h) any other matters relating to raw water or drinking water that may affect public health.
(3) Standards issued or adopted under this section—
(a) may include guideline values for aesthetic determinands for avoiding adverse aesthetic effects in drinking water; and
(b) may contain different provisions for different categories of bulk supplier, networked supplier, designated port or airport, or water carrier, or different provisions for each class of drinking-water supplier; but
(c) must not include any requirement that fluoride be added to drinking water.
(4) Despite section 28 of the State Sector Act 1988, the Minister may not delegate any of the powers conferred by subsection (1).
(5) Standards issued or adopted under subsection (1) are regulations for the purposes of the Regulations (Disallowance) Act 1989, but are not regulations for the purposes of the Acts and Regulations Publication Act 1989.
Section 69O: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) The Minister must not issue, adopt, or amend drinking-water standards unless the Minister is satisfied that adequate consultation has been carried out over a period of at least 3 years with respect to the proposed standards or proposed amendments, including (without limitation)—
(a) adequate and appropriate notice of the intention to issue, adopt, or amend the standards published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin; and
(b) a reasonable opportunity for interested persons to make submissions; and
(c) appropriate consideration of any submissions received.
(2) Despite subsection (1), the Minister is not required to consult anyone if the Minister is satisfied that—
(a) the standards need to be issued, adopted, or amended either—
(i) urgently; or
(ii) to deal with transitional issues; or
(b) the amendment is minor and will not adversely and substantially affect the interest of any person.
Section 69P: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) As soon as practicable after drinking-water standards are issued, adopted, or amended, the Minister must ensure that a notice is published in the Gazette that—
(a) gives a general indication of the nature of the standards or amendments; and
(b) shows the place or places at which copies of the current drinking-water standards are available for inspection free of charge or for purchase or both.
(2) As soon as practicable after drinking-water standards are revoked, the Minister must ensure that a notice of that revocation is published in the Gazette.
(3) The Director-General must ensure that current copies of drinking-water standards are available for inspection by members of the public free of charge.
Section 69Q: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Drinking-water standards (and any amendments to those standards) come into force on a day specified in a notice under section 69Q(1) that is,—
(a) unless paragraph (b) applies, at least 2 years after the date of publication of that notice in the Gazette ; or
(b) if section 69P(2) applies to the standards or amendments, at least 28 days after the date of publication of that notice in the Gazette.
Section 69R: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every networked supplier, bulk supplier, and water carrier must take all practicable steps to ensure that an adequate supply of drinking water is provided to each point of supply to which that supplier supplies drinking water.
(2) Subsection (1) does not—
(a) require a networked supplier or a bulk supplier to ensure the uninterrupted provision of drinking water to all points of supply at all times; or
(b) prevent a networked supplier or a bulk supplier restricting or interrupting the provision of drinking water to any point of supply, if, in the opinion of the supplier, such action is necessary for the purposes—
(i) of planned maintenance or improvement; or
(ii) of emergency repairs.
(3) Any restriction or interruption of the provision of drinking water by a networked supplier or a bulk supplier in reliance on subsection (2)(a) must not exceed 8 hours on any one occasion unless,—
(a) in the event of planned works,—
(i) approval has been given by the medical officer of health; and
(ii) the supplier has taken all practicable steps to warn the affected persons before the restriction or interruption of the provision of water occurs; or
(b) in the event of an emergency,—
(i) the supplier notifies the medical officer of health of the reasons for the interruption or restriction as soon as practicable and, in any event, not later than 24 hours after the commencement of the interruption or restriction; and
(ii) the supplier has taken all practicable steps to advise the affected persons of the restriction to or interruption of the provision of water.
(4) A networked supplier or bulk supplier—
(a) may restrict supply to a point of supply if the relevant customer has unpaid accounts for any previous supply of drinking water or has failed to remedy water leaks that the customer is obliged to remedy; but
(b) must, despite any non-payment or failure referred to in paragraph (a), continue to provide an adequate supply of drinking water.
(5) This section is subject to section 69T and to any contrary provisions in the Civil Defence Emergency Management Act 2002.
Section 69S: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
If any drinking-water supplier considers that its ability to maintain an adequate supply of drinking water is or may be at imminent risk for any reason, it must—
(a) notify the medical officer of health, the New Zealand Fire Service, and the territorial authorities and regional councils in the area where the water is supplied of the circumstances giving rise to the risk; and
(b) request that 1 or more of those territorial authorities and regional councils exercise its powers under any enactment (for example, by making a bylaw to restrict the use of water for other than essential purposes) to assist that supplier to continue to provide an adequate supply of drinking water; and
(c) if the supplier is a bulk supplier, notify the drinking-water supplier to which the bulk supplier supplies water of the circumstances giving rise to the risk.
Section 69T: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every drinking-water supplier must take reasonable steps to—
(a) contribute to the protection from contamination of each source of raw water from which that drinking-water supplier takes raw water:
(b) protect from contamination all raw water used by that drinking-water supplier.
(2) Every drinking-water supplier who is a bulk supplier or a networked supplier must take reasonable steps to protect from pollution all aspects of the drinking-water supply system of that drinking-water supplier.
(3) Every drinking-water supplier who is a water carrier must take reasonable steps to protect from contamination or pollution all aspects of the water supply operation of that water carrier.
(4) Examples of things that may, depending on the circumstances, constitute, or contribute towards, the taking of reasonable steps under subsection (1) include—
(a) the making of submissions on—
(i) processes governed by the Resource Management Act 1991 (including discussion papers, and draft proposed and notified regional and district plans, in relation to issues that may affect drinking water); and
(ii) where notified, resource consent applications relating to issues that may affect drinking water; and
(b) the making of submissions on community outcomes and sanitary services assessments under the Local Government Act 2002 in relation to issues that may affect drinking water; and
(c) contributing, directly or indirectly, to improved catchment management whether by planting of trees, promoting and assisting the use of integrated water resources management, or through other means.
Section 69U: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every drinking-water supplier must take all practicable steps to ensure that the drinking water supplied by that supplier complies with the drinking-water standards.
(2) A drinking-water supplier complies with subsection (1) if the supplier implements those provisions of the supplier's approved public health risk management plan relating to the drinking-water standards.
(3) Subsection (2) does not limit the ways in which a drinking-water supplier is able to comply with subsection (1).
(4) Subsection (1) applies to each drinking-water supplier subject to any exemption or variation that has been granted to that supplier under section 69ZZD(2)(k).
(5) Subsection (1) does not apply to those drinking-water standards that are identified in those standards as guideline values for aesthetic determinands for avoiding adverse aesthetic effects in drinking water.
Section 69V: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Every drinking-water supplier must take reasonable steps to ensure that the drinking water supplied by that drinking-water supplier is wholesome.
Section 69W: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Before connecting a new source of raw water to the drinking-water supply, a drinking-water supplier must ensure that raw water from that new source,—
(a) if untreated, will contain no determinands that exceed the maximum acceptable values specified in the drinking-water standards when it is supplied; or
(b) is, or will be, treated in such a way that it will contain no determinands that exceed the maximum acceptable values specified in those standards when it is supplied.
Section 69X: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every drinking-water supplier must monitor the drinking water supplied or transported by that drinking-water supplier to—
(a) determine whether it complies with the drinking-water standards; and
(b) detect and assess public health risks generally.
(2) Monitoring under subsection (1) must be carried out in accordance with the drinking-water standards.
Section 69Y: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every drinking-water supplier must, on or before the date on which this section begins to apply to that drinking-water supplier, prepare in writing either or both of the following, whichever is applicable:
(a) a public health risk management plan in relation to that drinking-water supplier's drinking-water supply:
(b) in the case of a drinking-water supplier who is a water carrier, a public health risk management plan in relation to that water carrier's method of transporting raw water or drinking water.
(2) A public health risk management plan prepared under subsection (1) must,—
(a) if prepared by a drinking-water supplier in relation to that drinking-water supplier's drinking-water supply,—
(i) identify the public health risks (if any) associated with that drinking-water supply; and
(ii) identify critical points in that drinking-water supply; and
(iii) identify mechanisms for—
(A) preventing public health risks arising in that drinking-water supply; and
(B) reducing and eliminating those risks if they do arise; and
(iv) include information about the estimated costs and benefits of the mechanisms referred to in subparagraph (iii); and
(v) set out a timetable for managing the public health risks that have been identified as being associated with that drinking-water supply; and
(vi) comply with any additional requirements imposed by the Director-General by notice in writing given to the supplier, as to the content and format of public health risk management plans:
(b) if prepared by a water carrier in relation to that water carrier's method of transporting raw water or drinking water,—
(i) identify the public health risks (if any) associated with that method of transporting raw water or drinking water; and
(ii) identify critical points in that method of transporting raw water or drinking water; and
(iii) identify mechanisms for—
(A) preventing public health risks arising from that method of transportation; and
(B) reducing and eliminating those risks if they do arise; and
(iv) set out a timetable for managing the public health risks that have been identified as being associated with that method of transportation; and
(v) comply with any additional requirements imposed by the Director-General by notice in writing given to the water carrier as to the content and format of public health risk management plans (including, without limitation, any requirement contained in a model plan issued by the Director-General).
(3) A public health risk management plan may incorporate other material by reference if that incorporation helps the plan to comply with the requirements of subsection (2).
(4) Every drinking-water supplier's public health risk management plan must be submitted by the drinking-water supplier to a drinking-water assessor for approval.
(5) A drinking-water assessor—
(a) must, within 20 working days after receiving a public health risk management plan submitted under subsection (4),—
(i) decide to approve it or disapprove it; or
(ii) require its alteration within a specified period; or
(iii) require the provision of more information within a specified period; and
(b) if the assessor issues a requirement under paragraph (a)(ii) or (iii), may, after any alteration to the public health risk management plan that is considered necessary by the assessor and made by agreement with the supplier or the water carrier, as the case may be, approve that plan.
(6) The period of 20 working days referred to in subsection (5)(a) ceases to run during any specified period referred to in subsection (5)(a)(ii) or (iii).
(7) If a drinking-water assessor does not approve a public health risk management plan, the assessor must notify the drinking-water supplier and give reasons for the non-approval.
(8) Every drinking-water supplier must—
(a) take all practicable steps to ensure that the supplier's public health risk management plan is approved under subsection (5) within a 12-month period after the date on which this section begins to apply to the supplier (excluding any specified period referred to in subsection (5)(a)(ii) or (iii)):
(b) start to implement a public health risk management plan within 1 month after the date on which that risk management plan is approved under subsection (5).
(9) This section does not apply to a drinking-water supplier who supplies drinking water from a small drinking-water supply or a neighbourhood drinking-water supply.
Section 69Z: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Despite section 69Z(9), a medical officer of health may, if he or she considers it to be in the interests of public health to do so, require a drinking-water supplier who supplies drinking water from a small drinking-water supply, a neighbourhood drinking-water supply, or a temporary drinking-water supplier, to prepare and implement a public health risk management plan in relation to that supplier's drinking-water supply.
(2) A public health risk management plan under subsection (1) must—
(a) identify the public health risks (if any) associated with that drinking-water supply; and
(b) identify critical points in that drinking-water supply; and
(c) identify mechanisms for—
(i) preventing public health risks arising in that drinking-water supply; and
(ii) reducing and eliminating those risks if they do arise; and
(d) set out a timetable for managing the public health risks that have been identified as being associated with that drinking-water supply; and
(e) comply with any additional requirements imposed by the Director-General and notified to the supplier in accordance with subsection (3), as to the content and format of public health risk management plans.
(3) If a medical officer of health requires a supplier of the kind referred to in subsection (1) to prepare and implement an approved public health risk management plan, that requirement must—
(a) be made by notice in writing; and
(b) specify the date by which the supplier must prepare and submit a draft plan to a drinking-water assessor for approval; and
(c) specify the date by which the supplier must implement an approved plan.
(4) The dates specified in accordance with subsection (3)(b) and (c) must be reasonable.
(5) If a drinking-water supplier or temporary drinking-water supplier receives a notice under this section, that supplier must comply with that notice and the provisions of section 69Z(4) to (8) apply with any necessary modifications.
(6) A medical officer of health may not make any requirement under subsection (1) in respect of any drinking-water supply unless—
(a) the drinking-water supply is used by at least 25 people; and
(b) the persons who use the supply (other than the occupiers of the property on which it is situated) have access to it for more than 60 days in each year.
Section 69ZA: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
A public health risk management plan approved under section 69Z or 69ZA remains in force—
(a) for the period of time stated in the plan; or
(b) if the period of time stated in the plan exceeds 5 years from the date of completion or approval or if no period is stated in the plan, until the date that is 5 years after the date on which the plan is completed or approved or most recently reviewed or approved, whichever occurs later.
Section 69ZB: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Not later than 2 months before a public health risk management plan approved under section 69Z or 69ZA is due to expire, the drinking-water supplier who prepared the plan must—
(a) review it, to assess whether it needs to be altered for any reason or replaced with a new plan; and
(b) submit the existing, revised, or new plan to a drinking-water assessor under section 69Z(4).
(2) The provisions of section 69Z(4) to (8) and 69ZA apply in respect of any existing, revised, or new plan submitted to a drinking-water assessor under section 69Z(4), in accordance with this section.
(3) This section does not apply in respect of any person who, as at the date when the relevant public health risk management plan expires, has ceased to be—
(a) a drinking-water supplier; or
(b) a drinking-water supplier of a kind who is required to prepare and implement a public health risk management plan; or
(c) in the case of a temporary drinking-water supplier who was required to prepare and implement a public health risk management plan, a temporary drinking-water supplier.
Section 69ZC: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every drinking-water supplier and every temporary drinking-water supplier who is required to prepare a public health risk management plan under section 69Z or 69ZA must—
(a) keep records that contain sufficient information to enable a drinking-water assessor to ascertain whether or not that drinking-water supplier or temporary drinking-water supplier is complying with the requirements of—
(i) this Part; and
(ii) the drinking-water standards; and
(iii) that drinking-water supplier's or temporary drinking-water supplier's public health risk management plan; and
(b) keep records of any other risk management plan relevant to that supplier's supply.
(2) Without limiting subsection (1), in the case of a drinking-water supplier, the records kept must include details of—
(a) the steps taken to prevent contamination of the raw water used by that drinking-water supplier; and
(b) the steps taken to maintain the quality of that raw water and to protect its source or sources; and
(c) the source or sources from which the raw water used by the drinking-water supplier to supply drinking water is obtained; and
(d) the treatment of that drinking water; and
(e) any risk analysis, or asset management or emergency management plans undertaken or devised by the supplier to assist the supplier to comply with the supplier's duties under this Part; and
(f) the steps taken by the drinking-water supplier to protect that drinking water from pollution after it has been treated or assessed as not in need of treatment, and before it is supplied to the point of supply; and
(g) the monitoring of that drinking water; and
(h) any complaints received from its customers or users in relation to that drinking water, and the actions taken in relation to those complaints.
(3) Without limiting subsection (1), in the case of a drinking-water supplier who is a water carrier, the records kept must include—
(a) details of the steps taken by that water carrier to protect the raw water carried by that carrier from contamination and the drinking water transported by that water carrier from pollution before or during transportation; and
(b) details of the monitoring of that raw water or drinking water; and
(c) details of any complaints received in relation to that raw water or drinking water, and the actions taken in relation to those complaints; and
(d) the keeping in each vehicle, vessel, or rail wagon used to transport water of all the information required to be kept by regulations made under this Act.
(4) Records kept under this section must be made available, on request by a drinking-water assessor or designated officer, for inspection or assessment by the assessor or officer.
Section 69ZD: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Every drinking-water supplier who receives a complaint about the quality (including the wholesomeness) of the drinking water supplied by that supplier, or, as the case may require, transported by that supplier in the supplier's capacity as a water carrier, must investigate that complaint and,—
(a) if the complaint relates to the wholesomeness of the drinking water and is upheld, take all reasonable steps to improve the wholesomeness of that drinking water; or
(b) if the complaint relates to a failure to meet the drinking-water standards and is upheld, take the appropriate remedial action specified in section 69ZF.
Section 69ZE: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Every drinking-water supplier who becomes aware that the drinking water supplied by that supplier, or, as the case requires, transported by that supplier in the supplier's capacity as a water carrier, is not meeting the drinking-water standards must—
(a) take all practicable steps to carry out the appropriate remedial action set out in the drinking-water standards to correct the problem; or
(b) if no remedial action is set out in the drinking-water standards, take all practicable steps to correct the problem.
Section 69ZF: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every drinking-water supplier must, at all reasonable times, provide—
(a) the means required by a drinking-water assessor for an entry, inspection, examination, or inquiry, or to enable the exercise of any other power set out in section 69ZP; and
(b) the means required by a designated officer for an entry, inspection, examination, or inquiry, or to enable the exercise of any other power set out in section 69ZP, or any other power conferred by this Part; and
(c) reasonable assistance to a medical officer of health to enable that officer to exercise any power set out in section 69ZJ.
(2) Every temporary drinking-water supplier must, at all reasonable times, provide reasonable assistance to a medical officer of health for the exercise of any power set out in section 69ZJ.
Section 69ZG: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) This section applies to a drinking-water supplier who considers that the connection of additional residential properties to that supplier's drinking-water supply may compromise the supplier's ability to provide an adequate supply of drinking water to any property.
(2) If this section applies, the drinking-water supplier must notify each territorial authority in which the affected properties are located either—
(a) that the supplier will not connect any further residential properties to the supplier's drinking-water supply; or
(b) that any further residential properties that are connected to the supplier's drinking-water supply will be subject to conditions limiting the amount of water to be supplied.
(3) A drinking-water supplier who has notified a territorial authority under subsection (2) may withdraw that notice at any time if the circumstances described in subsection (1) no longer exist.
(4) A drinking-water supplier who has notified a territorial authority under subsection (2)(a) may refuse to connect further residential properties to that supplier's drinking-water supply after the date of that notice.
(5) A drinking-water supplier who has notified a territorial authority under subsection (2)(b) may impose conditions limiting the amount of drinking water supplied to any further residential properties that are connected to that supplier's drinking-water supply after the date of that notice.
(6) No condition may be imposed under subsection (5) limiting the amount of drinking water to be supplied to a residential property to such an extent that there is no adequate supply (as defined in section 69G) to that property.
Section 69ZH: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Every temporary drinking-water supplier must advise the medical officer of health, in writing, of—
(a) each source of raw water to be used by that supplier to supply drinking water; and
(b) the quality of the raw water taken from that source.
(2) The advice referred to in subsection (1) must be given—
(a) as early as practicable before the supplier begins to supply drinking water from raw water taken from the source; or
(b) as soon as practicable after the supplier has begun supplying drinking water that was raw water taken from the source if, due to an unforeseen event, it is necessary, as a matter of urgency, to supply drinking water that was raw water taken from the source.
Section 69ZI: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) A medical officer of health may, by notice in writing, impose reasonable requirements on a temporary drinking-water supplier to monitor the drinking water supplied by that supplier.
(2) A medical officer of health may, by notice in writing, prohibit a temporary drinking-water supplier from supplying drinking water from a particular source.
(3) A temporary drinking-water supplier must comply with a notice issued to that supplier under subsection (1) or (2).
Section 69ZJ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) The Director-General may appoint 1 or more persons or agencies as drinking-water assessors on any terms and conditions that the Director-General considers appropriate (including, without limitation, terms enabling the Director-General to suspend or revoke the appointment in any specified circumstances).
(2) Before appointing a person or agency as a drinking-water assessor, the Director-General must be satisfied that the person or agency—
(a) has the experience, technical competence, and other qualifications to undertake the functions of a drinking-water assessor; and
(b) is accredited to internationally accepted standards for inspection bodies to perform the functions specified in section 69ZL; and
(c) has in place effective arrangements to avoid or manage any conflicts of interest that may arise.
(3) A drinking-water assessor that is an agency carries out the functions of a drinking-water assessor through those of its employees and contractors who are accredited in the manner referred to in subsection (2)(b), and those employees and contractors have all the powers of a drinking-water assessor.
(4) No person appointed by the Director-General under subsection (1) to be a drinking-water assessor is, because of that appointment, employed in the public service for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956.
Section 69ZK: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) The functions of a drinking-water assessor are—
(a) to assess the performance of drinking-water suppliers to determine whether or not they are—
(i) complying with the requirements of this Part; and
(ii) complying with the requirements of the drinking-water standards; and
(iii) implementing their public health risk management plans; and
(b) to notify designated officers and drinking-water suppliers of any non-compliance with those requirements; and
(c) to ensure that records from which compliance, or non-compliance, with those requirements may be ascertained are provided to the Director-General; and
(d) to provide information to the Director-General in relation to the compliance of drinking-water suppliers with those requirements; and
(e) to assess the competence of persons to analyse samples of raw water or drinking water, to calibrate equipment used to treat or monitor raw water or drinking water, or to undertake any other task required to ensure compliance with this Part, the drinking-water standards, or a public health risk management plan; and
(f) to authorise persons with sufficient competence to undertake 1 or more of those tasks for the purposes of ensuring compliance with this Part, the drinking-water standards, and any public health risk management plan; and
(g) to verify the adequacy of, and, where appropriate, approve public health risk management plans prepared by drinking-water suppliers or other persons and to certify the implementation of those plans; and
(h) to check that complaints received by drinking-water suppliers are recorded and responded to appropriately; and
(i) to provide to the Director-General information of a kind specified by the Director-General that is obtained under this Act; and
(j) to carry out—
(i) any other functions and duties conferred on drinking-water assessors by this Part or any other enactment; and
(ii) any other functions and duties, in relation to the assessment of drinking water, that the Director-General specifies by notice in writing signed by the Director-General and given to the drinking-water assessor.
(2) The functions referred to in subsection (1)(e) and (f) do not apply in relation to any recognised laboratory.
(3) A notice under subsection (1)(j)(ii) is not a regulation for the purposes of the Regulations (Disallowance) Act 1989.
Section 69ZL: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) A drinking-water assessor is accountable to the Director-General for the discharge of the assessor's statutory functions.
(2) On the request of the Director-General, a drinking-water assessor must give the Director-General reasonable access to any records held by the assessor in connection with the assessor's functions under this Part, to enable the Director-General to assess whether the assessor is properly discharging those functions.
Section 69ZM: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
The functions of designated officers are—
(a) to ensure that the provisions of this Part are complied with, and in particular that—
(i) any requirement imposed, or direction given, by a drinking-water assessor under this Part is complied with; and
(ii) any compliance order issued by a medical officer of health under this Part is complied with:
(b) to exercise, where appropriate, the powers conferred by section 69ZO:
(c) to investigate the commission of offences under this Part and to bring proceedings in respect of those offences.
Section 69ZN: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) Despite any other enactment, a designated officer may exercise 1 or more of the powers set out in subsection (2) if the officer—
(a) believes, on reasonable grounds, that there is a serious risk to public health arising from the drinking water supplied to those people, or from a lack of drinking water available to those people; and
(b) complies with subsections (3), (4), and (5) (if applicable).
(2) The powers referred to in subsection (1) are to—
(a) take immediate action, or to require any person to take immediate action, to prevent, reduce, or eliminate any risk to public health arising from a drinking-water supply:
(b) require any drinking-water supplier to stop supplying drinking water that has not been treated to make it potable:
(c) require all persons within a specific area to use an alternative drinking-water supply:
(d) for the purpose of protecting the public, publish statements relating to the serious risk of harm to health or safety, including, without limitation, statements about the boiling of water.
(3) The exercise of any power referred to in subsection (2) that would otherwise involve the contravention of any of sections 9, 12, 13, 14, or 15 of the Resource Management Act 1991 is not a contravention of any of those sections if, before the exercise of the power, the designated officer—
(a) consults with the relevant consent authority and takes account of any views expressed by the authority about the way in which the power is to be exercised; and
(b) obtains the consent of the Director-General to the exercise of the power.
(4) A designated officer must—
(a) take all practicable steps to consult with affected drinking-water suppliers before exercising a power referred to in subsection (2); and
(b) in every case, take all reasonable steps to comply with rules relating to health and safety at any place, while the officer exercises any power referred to in subsection (2) in respect of that place.
(5) Every person who is required by a designated officer, under this section, to take any action, or not to take any action, must comply with that requirement.
(6) A requirement imposed under this section ceases to have effect at the expiry of 72 hours after it is imposed unless, before the expiry of that period, the Minister—
(a) is satisfied that the requirement ought to continue in effect; and
(b) has declared a drinking-water emergency under section 69ZZA in relation to the risk of harm that was the reason for imposing that requirement.
Section 69ZO: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
(1) For the purpose of performing any function as a drinking-water assessor or designated officer, a drinking-water assessor or designated officer may—
(a) enter any land, building, vehicle, vessel, or rail wagon that is owned, occupied, or used by any drinking-water supplier, or any land that is a catchment for a source of water used by a drinking-water supplier, at any reasonable time, for the purpose of exercising any of the powers set out in this section; and
(b) inspect, at all reasonable times, all records and documents of every description in the