Health Act 1956

Reprint as at 1 March 2016

Coat of Arms of New Zealand

Health Act 1956

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

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

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

This Act is administered by the Ministry of Health.

Contents

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4Department of Health [Repealed]
5Director-General of Health [Repealed]
5ADeputy Directors-General and Assistant Directors-General of Health [Repealed]
5BDelegation of powers by Director-General [Repealed]
6Other officers and employees [Repealed]
6APart-time deputy medical officers of health [Repealed]
7Principal functions of Department [Repealed]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9Delegation of powers by Minister [Repealed]
9AAdvisory committees and subcommittees [Repealed]
10Annual report [Repealed]
[Repealed]
11Board of Health [Repealed]
11AChairman and deputy chairman [Repealed]
12Remuneration and travelling allowances [Repealed]
13Meetings and procedure of Board [Repealed]
14Seal of Board [Repealed]
15Secretary to Board [Repealed]
16Functions of Board [Repealed]
17Board may be appointed as a commission of inquiry [Repealed]
18Committees of Board [Repealed]
18AAd hoc subcommittees [Repealed]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20Medical officer of health for every health district [Repealed]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22APowers of departmental officers under Factories and Commercial Premises Act 1981 [Repealed]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22IOffence to fail to retain health information [Repealed]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

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

 
1 Short Title and commencement

(1)

This Act may be cited as the Health Act 1956.

(2)

Except as provided in section 113, this Act shall come into force on 1 January 1957.

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

aerodrome has the same meaning as in the Civil Aviation Act 1990

aircraft has the same meaning as in the Civil Aviation Act 1990

animal includes any bird, reptile, amphibian, or insect

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

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

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

district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000

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 or a health protection officer

epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006

epidemic notice means a notice under section 5(1) of the Epidemic Preparedness Act 2006

health protection officer means a person designated by the Director-General as a health protection officer under this Act

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

infectious disease means any disease for the time being specified in Part 1 or Part 2 of Schedule 1

local authority means a territorial authority within the meaning of the Local Government Act 2002

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, includes any medical practitioner acting under the direction of the medical officer of health

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

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

notifiable disease means any notifiable infectious disease, and any disease for the time being specified in Schedule 2

notifiable infectious disease means any infectious disease for the time being specified in Part 1 of Schedule 1

offensive trade means any trade, business, manufacture, or undertaking for the time being specified in Schedule 3

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

personal health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

personal health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

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 services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

quarantinable disease means a disease stated in Part 3 of Schedule 1

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), 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.

Compare: 1920 No 45 s 2; 1940 No 17 ss 4, 9, 11(1), 16, 18; SR 1951/282

Section 2(1) aerodrome: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

Section 2(1) aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

Section 2(1) Board: repealed, on 1 October 1988, by section 4(3) of the Health Amendment Act 1988 (1988 No 99).

Section 2(1) chemical works: repealed, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 2(1) craft: inserted, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) Director-General: replaced, on 1 July 1993, by section 2(1) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) district health board: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) environmental health officer: replaced, on 1 July 1993, by section 2(2) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) epidemic management notice: inserted, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) epidemic notice: inserted, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) health protection officer: replaced, on 1 July 1993, by section 2(3) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) hospital: replaced, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 2(1) inspector: repealed, on 26 July 1988, by section 2(3) of the Health Amendment Act 1988 (1988 No 99).

Section 2(1) inspector of health: repealed, on 26 July 1988, by section 2(3) of the Health Amendment Act 1988 (1988 No 99).

Section 2(1) local authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) medical officer of health: amended, on 1 July 1993, by section 2(6) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) medical officer of health: amended, on 26 November 1982, by section 2(a) of the Health Amendment Act 1982 (1982 No 34).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Ministry of Health: inserted, on 1 July 1993, by section 2(7) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) noxious or offensive gas: repealed, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 2(1) passenger: inserted, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) personal health: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) personal health services: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) port health officer: repealed, on 26 November 1982, by section 2(b) of the Health Amendment Act 1982 (1982 No 34).

Section 2(1) public health: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) public health services: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) quarantinable disease: replaced, on 19 December 2006, by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(3): inserted, on 19 December 2006, by section 4(2) of the Health Amendment Act 2006 (2006 No 86).

3 Power of Governor-General in Council to amend Schedules

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 the name or description of any disease; or

(b)

add to or omit from the list of offensive trades set out in Schedule 3, or the list of chemical works set out in Schedule 4, or the list of noxious or offensive gases set out in Schedule 5, 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.

Compare: 1920 No 45 s 2

Part 1 Administration

Ministry of Health

Heading: amended, on 1 July 1993, pursuant to section 38(3) of the Health Amendment Act 1993 (1993 No 24).

3A Function of Ministry in relation to public health

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.

Section 3A: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

3B Director of Public Health

(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.

Section 3B: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

3C Director-General to produce annual report on current state of public health

(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.

Section 3C: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 3C(1): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

3D Director of Public Health may provide advice or reports to Minister

(1)

Without limiting section 3B, 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) 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.

Section 3D: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

3E Public Health Group

(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.

Section 3E: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

3F Public Health Group to consult

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), 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.

Section 3F: inserted, on 22 January 1996, by section 13 of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 3F: amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

4 Department of Health
[Repealed]

Section 4: repealed, on 1 July 1993, by section 3(1)(a) of the Health Amendment Act 1993 (1993 No 24).

5 Director-General of Health
[Repealed]

Section 5: repealed, on 1 July 1993, by section 3(1)(b) of the Health Amendment Act 1993 (1993 No 24).

5A Deputy Directors-General and Assistant Directors-General of Health
[Repealed]

Section 5A: repealed, on 1 July 1993, by section 3(1)(b) of the Health Amendment Act 1993 (1993 No 24).

5B Delegation of powers by Director-General
[Repealed]

Section 5B: repealed, on 1 July 1993, by section 3(1)(c) of the Health Amendment Act 1993 (1993 No 24).

6 Other officers and employees
[Repealed]

Section 6: repealed, on 1 July 1993, by section 3(1)(d) of the Health Amendment Act 1993 (1993 No 24).

6A Part-time deputy medical officers of health
[Repealed]

Section 6A: repealed, on 1 July 1993, by section 3(1)(e) of the Health Amendment Act 1993 (1993 No 24).

7 Principal functions of Department
[Repealed]

Section 7: repealed, on 1 July 1993, by section 3(1)(f) of the Health Amendment Act 1993 (1993 No 24).

7A Medical officers of health and other officers

(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: inserted, on 1 July 1993, by section 4 of the Health Amendment Act 1993 (1993 No 24).

Section 7A(2): replaced, on 1 July 1996, by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).

8 Conservation of public health in areas outside jurisdiction of local authorities

(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.

Compare: 1940 No 17 s 2

Section 8(1): amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 8(1): amended, on 1 July 1993, by section 5 of the Health Amendment Act 1993 (1993 No 24).

Section 8(2): amended, on 1 July 1993, by section 5 of the Health Amendment Act 1993 (1993 No 24).

Section 8(4): amended, on 1 July 1993, by section 5 of the Health Amendment Act 1993 (1993 No 24).

Section 8(5): amended, on 1 July 1993, by section 5 of the Health Amendment Act 1993 (1993 No 24).

9 Delegation of powers by Minister
[Repealed]

Section 9: repealed, on 1 July 1993, by section 6(1)(a) of the Health Amendment Act 1993 (1993 No 24).

9A Advisory committees and subcommittees
[Repealed]

Section 9A: repealed, on 1 July 1993, by section 6(1)(b) of the Health Amendment Act 1993 (1993 No 24).

10 Annual report
[Repealed]

Section 10: repealed, on 1 July 1993, by section 6(1)(c) of the Health Amendment Act 1993 (1993 No 24).

Board of Health[Repealed]

Heading: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

11 Board of Health
[Repealed]

Section 11: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

11A Chairman and deputy chairman
[Repealed]

Section 11A: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

12 Remuneration and travelling allowances
[Repealed]

Section 12: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

13 Meetings and procedure of Board
[Repealed]

Section 13: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

14 Seal of Board
[Repealed]

Section 14: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

15 Secretary to Board
[Repealed]

Section 15: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

16 Functions of Board
[Repealed]

Section 16: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

17 Board may be appointed as a commission of inquiry
[Repealed]

Section 17: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

18 Committees of Board
[Repealed]

Section 18: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

18A Ad hoc subcommittees
[Repealed]

Section 18A: repealed, on 1 October 1988, by section 4(2) of the Health Amendment Act 1988 (1988 No 99).

Health districts

19 Health districts

(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: replaced, on 1 July 1993, by section 7(1) of the Health Amendment Act 1993 (1993 No 24).

20 Medical officer of health for every health district
[Repealed]

Section 20: repealed, on 1 July 1993, by section 8(1) of the Health Amendment Act 1993 (1993 No 24).

21 Evidence of authority of medical officer or health protection officer

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.

Compare: 1920 No 45 s 18

Section 21 heading: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 21: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

22 Certain officers to have functions of medical officers 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: replaced, on 1 July 1996, by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).

22A Powers of departmental officers under Factories and Commercial Premises Act 1981
[Repealed]

Section 22A: repealed, on 1 April 1993, by section 62(1) of the Health and Safety in Employment Act 1992 (1992 No 96).

Personal information

Heading: inserted, on 26 July 1988, by section 6 of the Health Amendment Act 1988 (1988 No 99).

22B Interpretation

In this section and sections 22C to 22H, unless the context otherwise requires,—

agency has the same meaning as in section 2 of the Privacy Act 1993

document has the same meaning as in section 2 of the Official Information Act 1982

Health Benefits Limited has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993

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 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

individual means a natural person, and includes a deceased natural person

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:

(c)

subject to paragraphs (a) and (b), where the individual is unable to give his or her consent or authority, a person appearing to be lawfully acting on the individual’s behalf or in that individual’s interests

services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000.

Section 22B: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22B: amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B Crown health enterprise: repealed, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

Section 22B disability services: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B funder: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B Health Benefits Limited: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B Health Funding Authority: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B health information paragraph (c): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B health services: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B hospital and health service: repealed, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22B Public Health Commission: repealed, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 22B purchaser: repealed, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

Section 22B regional health authority: repealed, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

Section 22B services: inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

22C Disclosure of health information

(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); 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) 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 constable, 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.

Section 22C: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22C(1): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22C(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 22C(2)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 22C(2)(b): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 22C(2)(d): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 22C(2)(f): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 22C(2)(h): replaced, on 1 November 1999, by section 8(1) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).

Section 22C(2)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 22C(2)(j): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

22D Duty to provide health information

(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), 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.

Section 22D: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22D(1): replaced, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

Section 22D(1): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22D(2): replaced, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

Section 22D(2): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

22E Duty to provide information for purposes of blood collection

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.

Section 22E: replaced, on 4 July 1998, by section 2 of the 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: amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

22F Communication of information for diagnostic and other purposes

(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), 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) limits any other remedy that is available to any person who is aggrieved by any refusal to disclose information under this section.

Section 22F: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22F(1): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

22G Inspection of records

(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.

Section 22G: inserted, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

Section 22G(1): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22G(2): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 22G(3): inserted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

22H Anonymous health information

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.

Section 22H: inserted, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).

22I Offence to fail to retain health information
[Repealed]

Section 22I: repealed, on 1 January 1997, by section 22J.

22J Expiry of section 22I

Section 22I shall expire with the close of—

(a)

31 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)

1 January 1997; or

(d)

the day after any date appointed pursuant to paragraph (b),—

whichever is the earlier, section 22I shall be deemed to have been repealed.

Section 22J: replaced, on 9 December 1994, by section 2(1) of the Health Amendment Act (No 2) 1994 (1994 No 133).

Part 2 Powers and duties of local authorities

23 General powers and duties of local authorities in respect of public health

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.

Compare: 1920 No 45 s 20

Section 23: amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 23(a): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

Section 23(d): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 23(e): amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 23(f): replaced, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 23(f): amended, on 1 July 2008, by section 4 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

24 Governor-General may exempt certain local authorities
[Repealed]

Section 24: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Sanitary works

25 Local authority to provide sanitary works

(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) may be issued to them jointly, and any reference in subsections (4) to (9) 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 or herself 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.

Compare: 1920 No 45 s 22; SR 1937/103; SR 1938/129; SR 1941/16; 1951 No 44 s 4

Section 25(1)(g): repealed, on 23 November 1973, by section 3(1) of the Health Amendment Act 1973 (1973 No 111).

Section 25(2): amended, on 23 March 1987, by section 7(1) of the Health Amendment Act 1987 (1987 No 10).

Section 25(2): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(3): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(4): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(5)(a): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(5)(b): amended, on 7 July 2004, by section 21 of the Local Government Act 1974 Amendment Act 2004 (2004 No 64).

Section 25(6): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(7): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(8): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(9): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(10): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 25(11): replaced, on 1 July 1993, by section 12 of the Health Amendment Act 1993 (1993 No 24).

26 Appeal against requisition or determination of Board of Health
[Repealed]

Section 26: repealed, on 23 March 1987, by section 7(3) of the Health Amendment Act 1987 (1987 No 10).

27 Local authority may raise loans for sanitary works

(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.

Compare: 1920 No 45 s 24; 1951 No 44 s 6

Section 27(1): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).

Section 27(2): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

27A Grants and subsidies for refuse disposal works, sewerage works, and water supplies

(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: replaced, on 23 March 1987, by section 11(1) of the Health Amendment Act 1987 (1987 No 10).

Appointment of environmental health officers

Heading: amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

28 Appointment of environmental health officers by local authorities

(1)

For the purposes of this Part, every local authority shall, subject to the provisions of any regulations made under this Act, appoint 1 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) 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 1 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) shall be deemed for the purposes of this Part 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 a 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 a 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) 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.

Section 28: replaced, on 1 July 1993, by section 13(1) of the Health Amendment Act 1993 (1993 No 24).

Section 28(6): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 28(7): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Nuisances

29 Nuisances defined for purposes of this Act

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 dwellinghouse, 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.

Compare: 1920 No 45 s 26; 1940 No 17 s 18; 1943 No 20 s 15

Section 29(d): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 29(e): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 29(ka): inserted, on 20 October 1978, by section 2 of the Health Amendment Act 1978 (1978 No 96).

Section 29(ka): amended, on 23 July 1993, by section 2 of the Health Amendment Act (No 3) 1993 (1993 No 71).

Section 29(m): amended, on 1 January 1983, by section 27(a) of the Clean Air Amendment Act 1982 (1982 No 31).

Section 29(m): amended, on 1 January 1983, by section 27(b) of the Clean Air Amendment Act 1982 (1982 No 31).

30 Penalties for permitting or causing nuisances

(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).

Compare: 1920 No 45 s 27

31 Provisions of this Act as to nuisances to be in addition to other rights

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.

Compare: 1920 No 45 s 28

32 Provisions of this Act as to nuisances to apply to Crown

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.

Compare: 1920 No 45 s 29

Section 32: amended, on 1 July 1993, by section 14 of the Health Amendment Act 1993 (1993 No 24).

33 Proceedings in respect of nuisances

(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) 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.

Compare: 1920 No 45 s 30

Section 33(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 33(10): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

34 Power to abate nuisance without notice

(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.

Compare: 1920 No 45 s 31

Section 34(1): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

35 Proceedings when nuisance caused by default outside district

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.

Compare: 1920 No 45 s 32

Refuse and sanitary services[Repealed]

Heading: repealed, on 1 April 1980, pursuant to section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

36 Local authorities to make provision for removal of refuse, etc
[Repealed]

Section 36: repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

37 Further provisions as to removal of refuse, etc
[Repealed]

Section 37: repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

38 Right of local authority to use portion of reserve for depot
[Repealed]

Section 38: repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

Buildings

39 Requirements of dwellinghouses as to supply of water and sanitary conveniences

(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 on conviction 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.

Compare: 1920 No 45 s 36; 1945 No 40 s 32

Section 39(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 39(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 39(1)(a): amended, on 1 July 2008, by section 5 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 39(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 39(2): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

Section 39(3): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

40 Sanitary requirements for business premises
[Repealed]

Section 40: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

41 Owners or occupiers may be required to cleanse premises

(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.

Compare: 1920 No 45 s 39

42 Local authority may require repairs and issue closing order

(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.

(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), 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), 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).

Compare: 1920 No 45 s 40; 1940 No 17 s 6; 1949 No 51 s 23

Section 42(1)(a): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 42(1)(b): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 42(1)(c): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 42(1)(d): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 42(1)(e): inserted, on 30 November 1979, by section 3(1) of the Health Amendment Act 1979 (1979 No 64).

Section 42(2): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 42(2): amended, on 23 March 1987, by section 12(1) of the Health Amendment Act 1987 (1987 No 10).

Section 42(3): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

Section 42(6): inserted, on 23 March 1987, by section 12(2) of the Health Amendment Act 1987 (1987 No 10).

43 Appeal against closing order

(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.

Compare: 1920 No 45 ss 41, 42, 43

Section 43(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 43(4): amended, on 1 April 1980, pursuant to section 2(3) of the District Courts Amendment Act 1979 (1979 No 125).

44 Issue of closing order by medical officer of health

(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, 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.

Compare: 1920 No 45 s 45

Section 44(2): replaced, on 1 July 1993, by section 15 of the Health Amendment Act 1993 (1993 No 24).

45 Determination of closing order

(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.

Compare: 1920 No 45 s 46

Section 45(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

46 Closing order for premises owned by local authority

(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, 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.

Section 46(2): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 46(2): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).

47 Failure to comply with closing order

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.

Compare: 1920 No 45 s 44

48 Local authority may require demolition
[Repealed]

Section 48: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

49 District Court may make demolition order
[Repealed]

Section 49: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

50 Issue of requisition by medical officer of health
[Repealed]

Section 50: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

51 Enforcement of demolition order
[Repealed]

Section 51: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

52 Offences in respect of requisition or demolition order
[Repealed]

Section 52: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

53 Restriction on use of materials for building
[Repealed]

Section 53: repealed, on 1 July 1993, by section 16 of the Health Amendment Act 1993 (1993 No 24).

53A Mortgagee may do acts required of owner

(1)

Where, by or under any of sections 41, 42, 44, and 46, 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), 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).

(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.

Section 53A: inserted, on 30 November 1979, by section 4(1) of the Health Amendment Act 1979 (1979 No 64).

Section 53A(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

53B Provisions where owner is a trustee

Where any owner who is a trustee is served with an order or a notice under any of sections 41, 42, 44, and 46, 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.

Section 53B: inserted, on 30 November 1979, by section 4(1) of the Health Amendment Act 1979 (1979 No 64).

Section 53B: amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 53B(a): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 53B(d): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

53C Advances by local authority to owners

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: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Offensive trades

54 Restrictions on carrying on offensive trade

(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, 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), 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 on conviction 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.

Compare: 1920 No 45 ss 54, 55(1), (2), 56; 1940 No 17 s 7

Section 54(2): amended, on 23 November 1973, by section 4(1) of the Health Amendment Act 1973 (1973 No 111).

Section 54(5) proviso: repealed, on 1 April 1974, by section 4(2) of the Health Amendment Act 1973 (1973 No 111).

Section 54(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 54(6): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

Section 54(7): replaced, on 23 July 1993, by section 3 of the Health Amendment Act (No 3) 1993 (1993 No 71).

55 Appeal against decision of local authority or medical officer of health

(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, 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, 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, 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, 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.

Compare: 1920 No 45 ss 54(1), 55(3), (4); 1940 No 17 s 7

Section 55(2): amended, on 23 November 1973, by section 4(1) of the Health Amendment Act 1973 (1973 No 111).

56 Local authority to notify medical officer of health of registered chemical works
[Repealed]

Section 56: repealed, on 1 April 1974, by section 56(2) of the Clean Air Act 1972 (1972 No 31).

Animals

57 Local authority may restrict keeping of animals
[Repealed]

Section 57: repealed, on 23 March 1987, by section 13 of the Health Amendment Act 1987 (1987 No 10).

58 Restrictions on establishment of stock saleyards

(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 on conviction 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.

Compare: 1920 No 45 ss 58, 59, 60

Section 58(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 58(4): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

59 Appeal against decision of local authority or medical officer of health

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 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, 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.

Compare: 1920 No 45 s 59(2)

Pollution of watercourses, etc[Repealed]

Heading: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

60 Pollution of water supply
[Repealed]

Section 60: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

61 Control of watercourses, etc
[Repealed]

Section 61: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

62 Supply of water from polluted source
[Repealed]

Section 62: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

63 Powers of Director-General as to polluted water supply
[Repealed]

Section 63: repealed, on 1 July 2013, by section 6 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Bylaws

64 Bylaws

(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.

Compare: 1920 No 45 s 67

Section 64(1)(a): amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 64(1)(e): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(f): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(g): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(h): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(i): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(j): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(k): repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

Section 64(1)(l): repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

Section 64(1)(n): repealed, on 1 April 1980, by section 9(1) of the Local Government Amendment Act 1979 (1979 No 59).

Section 64(1)(p): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 64(1)(p): amended, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 64(1)(q): amended, on 1 April 1974, by section 56(1) of the Clean Air Act 1972 (1972 No 31).

65 General provisions as to bylaws

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.

Compare: 1920 No 45 ss 68, 69

65A Effect of Building Act 2004 on bylaws

(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: inserted, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 65A heading: amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 65A(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 65A(2): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

66 Penalties for breach of bylaws

(1)

Every person who contravenes or fails to comply with any bylaw made under this Act commits an offence and is liable on conviction 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.

Compare: 1920 No 45 ss 70, 71

Section 66(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 66(1): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

67 Mode of making bylaws

(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.

Compare: 1920 No 45 s 73

Section 67(1): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

68 Copies of bylaws to be available

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.

Compare: 1920 No 45 s 72

Duties and powers of harbour boards[Repealed]

Heading: repealed, on 1 July 1993, by section 18 of the Health Amendment Act 1993 (1993 No 24).

69 Duties and powers of harbour boards
[Repealed]

Section 69: repealed, on 1 July 1993, by section 18 of the Health Amendment Act 1993 (1993 No 24).

Part 2A Drinking water

Part 2A: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69A Purpose

(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).

Application of this Part

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69B This Part generally to apply on commencement

(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).

69C Application of sections 69S to 69ZC generally

(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 date for the purposes of section 69C(1), 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 date for the purposes of section 69C(2), 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 date for the purposes of section 69C(3), 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 date for the purposes of section 69C(4), 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 date for the purposes of section 69C(5), 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 date for the purposes of section 69C(6), 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 date for the purposes of section 69C(7), 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).

69D Application of sections 69S to 69ZC to bulk suppliers

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).

69E Application of sections 69S to 69ZC to water carriers

(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).

69F Bulk suppliers, networked suppliers, water carriers, and designated ports or airports may elect earlier compliance

(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).

Interpretation

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69G Interpretation

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 2014, 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

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

water safety plan means a plan prepared and operated by a drinking-water supplier or other person under section 69Z or 69ZA

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).

Section 69G drinking water paragraph (b): amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Section 69G public health risk management plan: repealed, on 5 December 2013, by section 4(1) of the Health Amendment Act 2013 (2013 No 119).

Section 69G water safety plan: inserted, on 5 December 2013, by section 4(2) of the Health Amendment Act 2013 (2013 No 119).

69H All practicable steps

(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).

69I Part binds the Crown

(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).

Registration of drinking-water suppliers and certain self-suppliers

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69J Drinking-water register

(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).

69K Applications for registration

(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).

69L Renewal of registration by water carriers

(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).

69M Duty to update details on register

(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).

69N Removal from register

(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).

Drinking-water standards

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69O Minister may issue, adopt, amend, or revoke drinking-water standards

(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 a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 69O: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69O(5): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

69P Minister must consult before issuing, adopting, or amending drinking-water standards

(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).

69Q Drinking-water standards must be notified and made available

(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).

69R Commencement of drinking-water standards

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).

Duties of drinking-water suppliers and temporary drinking-water suppliers

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69S Duty of suppliers in relation to provision of drinking water

(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).

69T Duties where risk to water is actual or foreseeable

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).

69U Duty to take reasonable steps to contribute to protection of source of drinking water

(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).

69V Duty to take all practicable steps to comply with drinking-water standards

(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 water safety 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).

Section 69V(2): amended, on 5 December 2013, by section 5 of the Health Amendment Act 2013 (2013 No 119).

69W Duty to take reasonable steps to supply wholesome drinking water

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).

69X Duties in relation to new water sources

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).

69Y Duty to monitor drinking water

(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).

69Z Duty to prepare and implement water safety plan

(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 water safety 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 water safety plan in relation to that water carrier’s method of transporting raw water or drinking water.

(2)

A water safety 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 water safety 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 water safety plans (including, without limitation, any requirement contained in a model plan issued by the Director-General).

(3)

A water safety 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 water safety 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 water safety 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 water safety 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 water safety 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 water safety 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 water safety 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).

Section 69Z heading: amended, on 5 December 2013, by section 6(1) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(1)(a): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(1)(b): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(2): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(2)(a)(vi): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(2)(b)(v): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(3): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(4): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(5)(a): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(5)(b): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(7): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(8)(a): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69Z(8)(b): amended, on 5 December 2013, by section 6(2) of the Health Amendment Act 2013 (2013 No 119).

69ZA Medical officer of health may require preparation and implementation of water safety plan

(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 water safety plan in relation to that supplier’s drinking-water supply.

(2)

A water safety 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 water safety 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 water safety 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).

Section 69ZA heading: amended, on 5 December 2013, by section 7(1) of the Health Amendment Act 2013 (2013 No 119).

Section 69ZA(1): amended, on 5 December 2013, by section 7(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69ZA(2): amended, on 5 December 2013, by section 7(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69ZA(2)(e): amended, on 5 December 2013, by section 7(2) of the Health Amendment Act 2013 (2013 No 119).

Section 69ZA(3): amended, on 5 December 2013, by section 7(2) of the Health Amendment Act 2013 (2013 No 119).

69ZB Duration of plans

A water safety 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).

Section 69ZB: amended, on 5 December 2013, by section 8 of the Health Amendment Act 2013 (2013 No 119).

69ZC Review and renewal of plans

(1)

Not later than 2 months before a water safety 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 sections 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 water safety 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 water safety plan; or

(c)

in the case of a temporary drinking-water supplier who was required to prepare and implement a water safety 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).

Section 69ZC(1): amended, on 5 December 2013, by section 9 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZC(3): amended, on 5 December 2013, by section 9 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZC(3)(b): amended, on 5 December 2013, by section 9 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZC(3)(c): amended, on 5 December 2013, by section 9 of the Health Amendment Act 2013 (2013 No 119).

69ZD Duty to keep records and make them available

(1)

Every drinking-water supplier and every temporary drinking-water supplier who is required to prepare a water safety 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 water safety 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).

Section 69ZD(1): amended, on 5 December 2013, by section 10 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZD(1)(a)(iii): amended, on 5 December 2013, by section 10 of the Health Amendment Act 2013 (2013 No 119).

69ZE Duty to investigate complaints

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).

69ZF Duty to take remedial action if drinking-water standards breached

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).

69ZG Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health

(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).

69ZH Duty to provide information to territorial authority

(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).

69ZI Temporary supplier to notify medical officer of health of source and quality of raw water

(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).

69ZJ Powers of medical officer of health relating to temporary drinking-water suppliers

(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).

Drinking-water assessors and designated officers

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZK Director-General may appoint drinking-water assessors

(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).

69ZL Functions of drinking-water assessors

(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 water safety 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 water safety 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 water safety plan; and

(g)

to verify the adequacy of, and, where appropriate, approve water safety 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 neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

Section 69ZL: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZL(1)(a)(iii): amended, on 5 December 2013, by section 11 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZL(1)(e): amended, on 5 December 2013, by section 11 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZL(1)(f): amended, on 5 December 2013, by section 11 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZL(1)(g): amended, on 5 December 2013, by section 11 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZL(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

69ZM Drinking-water assessors accountable to Director-General for performance of functions

(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).

69ZN Functions of designated officers

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).

69ZO Powers of designated officers

(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).

69ZP Powers of drinking-water assessors and designated officers

(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 possession or control of a drinking-water supplier that are required to be kept under section 69ZD, and make copies of, or take extracts from, those records and documents; and

(c)

require a drinking-water supplier to supply any information or answer any question relating to that drinking-water supplier’s—

(i)

compliance with this Part; and

(ii)

compliance with the drinking-water standards; and

(iii)

implementation of that drinking-water supplier’s water safety plan; and

(d)

require, by notice in writing, any person who has possession or control of information, records, or documents of the kind described in paragraphs (b) and (c) to supply to the drinking-water assessor or the designated officer, in a manner specified in the notice, all or any of that information, or all or any of those records or documents; and

(e)

conduct any inspections, surveys, inquiries, tests, and measurements in relation to raw water taken by a drinking-water supplier or drinking water supplied by a drinking-water supplier or any source of water used by a drinking-water supplier that are reasonably necessary, and do all things that are reasonably necessary to enable those inspections, surveys, inquiries, tests, and measurements to be carried out (including the marking or photographing of any thing or article); and

(f)

direct any drinking-water supplier to conduct any inspections, surveys, inquiries, tests, and measurements that are reasonably necessary; and

(g)

take samples of any raw water or drinking water and of any substance or organism that the drinking-water assessor has reasonable cause to suspect is a contaminant of that raw water or pollutant of drinking water, as the case requires; and

(h)

take whatever steps he or she thinks fit to verify the competence of persons who have performed, or are performing, tests and analyses of raw water or drinking water if those tests have not been or are not being performed by a laboratory recognised by the Director-General under section 69ZY; and

(i)

provide information obtained from drinking-water suppliers under this Part to the Director-General.

(2)

For the purposes of this section reasonable time means—

(a)

during normal working hours; or

(b)

at any time,—

(i)

with the agreement of the drinking-water supplier; or

(ii)

if the drinking-water assessor or designated officer believes that there is an emergency.

(3)

This section and section 69ZQ do not limit the powers exercisable by a designated officer under the other Parts of this Act or any other enactment.

Section 69ZP: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZP(1)(c)(iii): amended, on 5 December 2013, by section 12 of the Health Amendment Act 2013 (2013 No 119).

69ZQ Ancillary powers

(1)

When entering land, buildings, vehicles, vessels, or rail wagons under section 69ZP or in accordance with a warrant issued under section 69ZS, a drinking-water assessor or designated officer may—

(a)

be accompanied and assisted by any other person; and

(b)

take on to the land or into the building, vehicle, vessel, or rail wagon, any appliances, machinery, and equipment reasonably necessary to carry out the drinking-water assessor’s functions or the designated officer’s functions, as the case may be.

(2)

Any person who accompanies or assists a drinking-water assessor or designated officer under this section may act only under the supervision or in accordance with the instructions of the assessor or officer.

(3)

A drinking-water assessor or designated officer must take all practicable steps to ensure that any thing taken onto a property in reliance on subsection (1)(b) is—

(a)

free from contamination; and

(b)

in good working order.

Section 69ZQ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZR Restrictions on exercise of powers

(1)

Despite section 69ZP, a drinking-water assessor or designated officer—

(a)

must not exercise any power conferred by section 69ZP(1)(a) unless the drinking-water assessor or designated officer has taken all practicable steps to obtain the information sought from other sources (for example, the relevant regional council); and

(b)

must not exercise any power conferred by section 69ZP(1)(g) unless he or she takes all practicable steps to ensure that—

(i)

the power is exercised in the presence of a representative of the drinking-water supplier concerned; and

(ii)

a duplicate sample is given to that representative or left at the premises; and

(c)

must not, in the case of a drinking-water assessor or designated officer who is not a medical officer of health, exercise any power conferred by section 69ZP(1)(a), unless that assessor or officer has obtained, in respect of the particular exercise of the power, the written approval of a medical officer of health; and

(d)

must, if a large drinking-water supplier considers that a proposed exercise of any power under section 69ZP will place its water supply at risk and advises the assessor or officer of that opinion in writing, consult with an expert nominated for the purpose by the Director-General, before exercising the power; and

(e)

in a case where the assessor or officer proposes to exercise the power conferred by section 69ZP to enter a dwellinghouse, must not exercise that power unless he or she has obtained a warrant under section 69ZS.

(2)

Despite section 69ZP, neither a drinking-water assessor nor a designated officer may enter any land or building that is a defence area (within the meaning of section 2(1) of the Defence Act 1990) except in accordance with a written agreement between the Director-General and the Chief of Defence Force entered into for the purposes of this section and for the time being in force.

(3)

Nothing in section 69ZP limits any enactment that imposes a prohibition or restriction on the availability of any information.

(4)

No person may be required, on examination or inquiry under section 69ZP, to give any answer or information tending to incriminate that person, and each person from whom an answer or information is sought must be informed of that right before the power to demand that answer or information is exercised.

(5)

Nothing in this section, or in section 69ZP, limits section 128.

Section 69ZR: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZS Requirement for warrant to enter dwellinghouse

(1)

A drinking-water assessor or designated officer may not exercise the powers conferred by section 69ZP to enter a dwellinghouse unless that drinking-water assessor or designated officer has obtained a search warrant in accordance with subsection (2).

(2)

Any District Court Judge or Justice of the Peace or Community Magistrate or any Registrar who is satisfied, on application in writing from a drinking-water assessor or designated officer made on oath, that there are reasonable grounds for believing that a drinking-water assessor or designated officer needs to enter a dwellinghouse in order to exercise a power under section 69ZP, may issue a search warrant in the prescribed form.

(3)

Every search warrant must be directed either to a drinking-water assessor or designated officer by name or to every drinking-water assessor or designated officer, but in any of those cases, the warrant may be executed by any drinking-water assessor or designated officer.

(4)

On issuing a warrant, the Judge, Justice of the Peace, Community Magistrate, or Registrar may impose any reasonable conditions on its execution that he or she thinks fit.

(5)

Every warrant must, subject to any conditions imposed under subsection (4), authorise the drinking-water assessor or designated officer who is executing it, and any person assisting that drinking-water assessor or designated officer under section 69ZQ,—

(a)

to enter the dwelling on 1 occasion within 14 days after the date of the issue of the warrant at any time that is reasonable in the circumstances; and

(b)

to use any force, both for making entry (either by breaking open doors or otherwise) and for breaking open anything on the premises or dwelling, that is reasonable in the circumstances; and

(c)

to exercise any power conferred by section 69ZP.

Section 69ZS: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZT Standard conditions applying where warrant executed

(1)

Any drinking-water assessor or designated officer who executes a search warrant must carry the warrant with him or her, and must produce it for inspection,—

(a)

on first entering the dwelling, to the person appearing to be in charge of the dwelling; and

(b)

whenever subsequently required to do so, at the dwelling, by any other person appearing to be in charge of the dwelling or any part of the dwelling.

(2)

If the occupier of the dwelling is not present at the time the search warrant is executed, the drinking-water assessor or designated officer must leave in a prominent place at the dwelling a written statement of the time and date of the search, and of the drinking-water assessor or designated officer’s name and the address of the office to which inquiries should be made.

Section 69ZT: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZU Drinking-water assessors and designated officers must produce identification

(1)

The Director-General must provide an identity card or other means of identification to each drinking-water assessor and each designated officer.

(2)

Whenever a drinking-water assessor or designated officer exercises any power under this Part, that drinking-water assessor or designated officer must, on request, produce the identity card or other means of identification for inspection.

(3)

Whenever a drinking-water assessor or designated officer enters any land, building, vehicle, vessel, or rail wagon under section 69ZP, he or she must, on first entering and, if requested, at any later time, produce to the person apparently in charge, his or her identity card or other means of identification, for inspection.

(4)

Whenever a drinking-water assessor or designated officer enters any land, building, vehicle, vessel, or rail wagon under section 69ZP and is unable, despite reasonable efforts, to find any person apparently in charge, he or she must before leaving that place leave a written notice stating—

(a)

his or her identity; and

(b)

an address where he or she may be contacted; and

(c)

the date and time of entry; and

(d)

his or her reasons for entering.

(5)

A person or agency who ceases to be a drinking-water assessor or designated officer must, as soon as possible, return the identity card or other means of identification to the Director-General.

Section 69ZU: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZV Inventory of things seized to be provided

If any thing is seized by a drinking-water assessor or designated officer under section 69ZP or a person accompanying that officer the drinking-water assessor or designated officer must leave in a prominent location at the place, or send to the occupier within 10 working days after the search, a written inventory of all things seized.

Section 69ZV: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZW Review of decisions of drinking-water assessors

(1)

A drinking-water supplier may request a review by the Director-General of any of the following decisions by a drinking-water assessor:

(a)

a finding, assessment, or recommendation in relation to the compliance of that drinking-water supplier with the requirements of this Part, that drinking-water supplier’s water safety plan, or the drinking-water standards; or

(b)

a refusal to approve that drinking-water supplier’s water safety plan, or to certify its implementation.

(2)

Any request for a review made under this section must be forwarded to the Director-General within 2 months after the date when the decision of the drinking-water assessor is made known to the drinking-water supplier.

(3)

The Director-General must, after seeking any advice that he or she considers necessary, confirm, vary, or reverse the decision of the drinking-water assessor.

Section 69ZW: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZW(1)(a): amended, on 5 December 2013, by section 13 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZW(1)(b): amended, on 5 December 2013, by section 13 of the Health Amendment Act 2013 (2013 No 119).

69ZX Register of drinking-water assessors

(1)

The Director-General must maintain a register of agencies who have been appointed as drinking-water assessors.

(2)

The following particulars must be recorded in the register in respect of every agency registered as a drinking-water assessor:

(a)

the agency’s name and business contact details; and

(b)

the date and term of the agency’s appointment; and

(c)

any conditions on the agency’s appointment; and

(d)

any other particulars that may be required by or under this Part or regulations made under section 69ZZY.

(3)

The register may also include any other information relevant to an agency’s appointment as a drinking-water assessor that the Director-General considers appropriate.

Section 69ZX: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Recognised laboratories

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZY Director-General may recognise laboratories

(1)

The Director-General may recognise 1 or more laboratories to conduct tests and analyses of raw water and drinking water for the purposes of—

(a)

this Part; and

(b)

the drinking-water standards.

(2)

The Director-General must not recognise a laboratory under subsection (1) unless that laboratory—

(a)

is—

(i)

accredited under subpart 3 of Part 1 of the Standards and Accreditation Act 2015; or

(ii)

accredited by International Accreditation New Zealand (IANZ) or any other prescribed body, for the purposes of this section; or

(iii)

recognised by the International Organization for Standardization (ISO) or the International Electrotechnical Commission (IEC) as meeting the ISO/IEC 17025: 1999 (General requirements for the competence of testing and calibration laboratories) standard or an equivalent standard, for the purposes of this section; and

(b)

complies with any criteria for the recognition of laboratories that are specified in regulations made under section 69ZZY(1)(d).

(3)

A laboratory may be recognised on whatever terms and conditions the Director-General considers appropriate (including, without limitation, terms enabling the Director-General to suspend or withdraw recognition in any specified circumstances).

(4)

The Director-General must maintain a register of recognised laboratories.

(5)

The following particulars must be recorded in the register in respect of every recognised laboratory:

(a)

the name and business details of the person or agency that operates the laboratory:

(b)

the date of the laboratory’s recognition:

(c)

any conditions relating to the recognition of the laboratory:

(d)

the test methods and determinands in respect of which the laboratory has—

(i)

expertise; and

(ii)

the appropriate testing equipment:

(e)

any other particulars that may be required by or under this Part or regulations made under section 69ZZY.

Section 69ZY: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZY(2)(a)(i): amended, on 21 October 2015, by section 45(2) of the Standards and Accreditation Act 2015 (2015 No 91).

69ZZ Compliance tests must be carried out by recognised laboratory

(1)

If, under this Part or the drinking-water standards, a drinking-water supplier or a drinking-water assessor is required to obtain an analysis of, or to perform a test on, raw water or drinking water, that analysis or test must be performed at a laboratory that has been recognised under section 69ZY unless—

(a)

it is not reasonably practicable to do so; and

(b)

the Director-General has approved, in writing, the alternative procedures that are to be used to analyse or test the raw water or drinking water.

(2)

A copy of the results of any analysis or test referred to in subsection (1) that indicate any non-compliance with a maximum acceptable value set out in the drinking-water standards must be forwarded to the Director-General by the operator of the laboratory or the person who performs the analysis or test as soon as practicable after the test or analysis is conducted.

Section 69ZZ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Emergency powers

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZA Minister may declare drinking-water emergency

(1)

If the Minister believes, on reasonable grounds, that there is a serious risk of harm to the health or safety of any people arising from the drinking water supplied to those people, or from a lack of drinking water available to those people, the Minister may declare a drinking-water emergency in relation to—

(a)

a drinking-water supply; or

(b)

all drinking-water supplies within an area specified in the declaration.

(2)

A drinking-water emergency declaration must specify—

(a)

the nature of the emergency; and

(b)

the purpose of the declaration; and

(c)

the geographical area, or specific drinking-water supplies, to which the declaration relates; and

(d)

the period of time during which the declaration remains in force.

(3)

The Minister may amend a drinking-water emergency declaration.

(4)

As soon as possible after making or amending a drinking-water emergency declaration, the Minister must—

(a)

give a copy of the declaration or amended declaration to every affected drinking-water supplier; and

(b)

publish a copy of the declaration or amended declaration—

(i)

in the Gazette; and

(ii)

in a daily newspaper circulating in the affected area.

(5)

Despite section 28 of the State Sector Act 1988, the Minister may not delegate any of the powers conferred by subsection (1) or (2).

Section 69ZZA: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZB Maximum duration of drinking-water emergency declaration

No drinking-water emergency declaration may remain in force for longer than 28 days unless regulations are made under section 69ZZY(1)(e) extending the period of the drinking-water emergency.

Section 69ZZB: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZC Drinking-water emergency may be declared or continued even if other emergency declared

(1)

A drinking-water emergency—

(a)

may be declared even if an emergency has been declared under another enactment:

(b)

remains in force in accordance with section 69ZZB, even if an emergency has been declared under another enactment.

(2)

Despite subsection (1), if an emergency is declared under the Civil Defence Emergency Management Act 2002 or the Hazardous Substances and New Organisms Act 1996, unless the Director-General directs otherwise, any designated officer is, when exercising any powers conferred by section 69ZZD, subject to the direction of,—

(a)

in the case of an emergency declared under the Civil Defence Emergency Management Act 2002, the Controller (within the meaning of section 4 of the Civil Defence Emergency Management Act 2002); or

(b)

in the case of an emergency declared under the Hazardous Substances and New Organisms Act 1996, the relevant office-holder who appointed the enforcement officer who declared the emergency.

Section 69ZZC: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZD Special powers of designated officers during drinking-water emergency

(1)

If a drinking-water emergency in relation to drinking water has been declared, a designated officer may exercise all or any of the emergency powers given by subsection (2) for the purpose of preventing, reducing, or eliminating the risk of harm to people arising from the drinking water supplied to them.

(2)

The emergency powers are to—

(a)

take immediate action, or 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, or, as the case requires, transporting drinking water that is not potable:

(c)

require all persons within a specified area to use an alternative drinking-water supply:

(d)

require emergency work to be done to provide an alternative supply of drinking water, and, subject to subsection (4), to recover the reasonable costs of that work from—

(i)

any 1 or more drinking-water suppliers specified in the drinking-water emergency declaration; or

(ii)

any 1 or more drinking-water suppliers within the geographical area specified in the drinking-water emergency declaration:

(e)

forbid the discharge of any substance or organism that might contaminate or pollute a source of drinking water or a drinking-water supply system:

(f)

require any place, building, vehicle, vessel, rail wagon, or thing to be isolated, quarantined, or disinfected, or any thing to be relocated or secured:

(g)

close any public place, or any part of a public place, that does not have an adequate supply of safe drinking water:

(h)

cancel any public event, function, or gathering at any place that does not have an adequate supply of drinking water:

(i)

require any person to leave any place, or not to enter any place, in the vicinity of the emergency:

(j)

require any person to stop any activity that, in the designated officer’s opinion, may be contributing to the drinking-water emergency:

(k)

grant to any drinking-water supplier or other person a conditional or unconditional exemption from the duty to comply with all or any of the provisions of this Part or the drinking-water standards during the period of the drinking-water emergency:

(l)

take any other action reasonably necessary to control, reduce, or avoid the risk of harm to people arising from the drinking water supplied to them.

(3)

Every person who is required by a designated officer, under subsection (2), to take any action, or not to take any action, must comply with that requirement.

(4)

Costs may not be recovered from a drinking-water supplier under subsection (2)(d) unless the emergency was caused or contributed to by the acts or omissions of that drinking-water supplier.

(5)

If a designated officer decides to recover costs from a drinking-water supplier under subsection (2)(d), that drinking-water supplier may appeal to the District Court against that decision.

(6)

If a drinking-water supplier appeals, under subsection (5), against a decision to recover costs from that drinking-water supplier, the court must inquire into the circumstances of the emergency work and must determine—

(a)

whether any costs are to be recovered from that drinking-water supplier; and

(b)

the amount of the costs (if any) to be recovered.

Section 69ZZD: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZE Compensation for property requisitioned or destroyed

(1)

Reasonable compensation is payable for any loss or destruction of property if a designated officer, or any person acting at a designated officer’s request made under section 69ZZD,—

(a)

requisitions any property from any person for use in a drinking-water emergency; or

(b)

destroys any property in order to prevent, remedy, or mitigate any risk to public health from a drinking-water supply.

(2)

Reasonable compensation under subsection (1) is payable, on written application by any person having an interest in the property, by the Director-General or out of money appropriated by Parliament for the purpose.

(3)

Compensation is not payable under this section to any person who caused or contributed substantially to the emergency that brought about the requisition or destruction.

(4)

The Director-General may—

(a)

require a drinking-water supplier who has caused or contributed substantially to an emergency to reimburse the Crown for all or part of any compensation paid on behalf of the Crown under this section in relation to that emergency:

(b)

require 1 or more territorial authorities whose district or districts were affected by that emergency to reimburse the Crown for any shortfall between the amount of compensation paid under this section and the amount of any reimbursement received under paragraph (a).

(5)

If there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of that compensation, or as to the liability of the Crown to pay compensation, or as to the liability of any person to reimburse the Crown under subsection (4), the matter must be determined by a court of competent jurisdiction.

Section 69ZZE: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZF Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991

(1)

If any action under section 69ZO or 69ZZD would be in breach of the provisions of Part 3 of the Resource Management Act 1991, the Minister may exempt the action taken from the provisions of Part 3 of the Resource Management Act 1991 for up to 28 days.

(2)

Before making a decision under subsection (1), the Minister—

(a)

must consult with the relevant consent authority (to the extent that is possible in the circumstances); and

(b)

may consult with any other persons that the Minister considers appropriate.

(3)

A failure to comply with the provisions of subsection (2) does not affect the validity of any exemption given under this section.

(4)

Despite subsection (1), if, during any period while an exemption by the Minister is in force, a consent authority refuses to issue a resource consent in respect of the action which is the subject of the exemption, the exemption, if not expiring earlier, expires at the close of 5 working days after the date of the decision of the consent authority unless—

(a)

regulations continuing the exemption are made under subsection (5); or

(b)

any appeal is lodged against the decision of the consent authority, in which case the exemption expires on the determination of the appeal or at the time specified by the court that determines the appeal.

(5)

If any action has been exempted from Part 3 of the Resource Management Act 1991 under subsection (1) and the Minister considers that it is necessary to continue the action beyond the duration of the exemption in order to prevent, reduce, or eliminate the risk of harm to people arising from the drinking-water supplied to them,—

(a)

the Minister may recommend that regulations be made continuing the exemption; and

(b)

the Governor-General may, by Order in Council, make regulations for that purpose.

(6)

Regulations made under this section—

(a)

come into force on the date of their notification in the Gazette or at the time specified in the regulations, whichever is the later; and

(b)

continue in force until revoked or until a date not later than the day 2 years after the regulations came into force, on which date the regulations expire and are deemed to have been revoked.

Section 69ZZF: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZG Effect of exemption

If an exemption is granted under section 69ZZF, the provisions of Part 3 of the Resource Management Act 1991 do not apply to the actions taken under section 69ZO or section 69ZZD to which the exemption relates while the exemption remains in force.

Section 69ZZG: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Compliance orders

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZH Medical officer of health may issue compliance order

(1)

A medical officer of health may serve a compliance order on any drinking-water supplier or temporary drinking-water supplier—

(a)

requiring that person to stop, or prohibiting that person from starting, anything done or to be done by, or on behalf of, that person that the medical officer of health believes, on reasonable grounds,—

(i)

contravenes, or is likely to contravene, this Part; or

(ii)

will or may create a risk to public health arising from that person’s drinking-water supply; or

(b)

requiring that person to do something that the medical officer of health believes, on reasonable grounds, is necessary to—

(i)

ensure compliance by, or on behalf of, that person with this Part; or

(ii)

prevent, remedy, or mitigate any risk to public health arising from that person’s drinking-water supply.

(2)

A compliance order may be made subject to conditions.

(3)

A compliance order may specify the time within which compliance must be achieved.

Section 69ZZH: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZI Compliance with compliance order

(1)

A drinking-water supplier or temporary drinking-water supplier on whom a compliance order is served must—

(a)

comply with the order within the period specified in it; and

(b)

unless the order directs otherwise, pay all the costs and expenses of complying with it.

(2)

This section is subject to the rights of appeal in section 69ZZK.

Section 69ZZI: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZJ Form and content of compliance order

Every compliance order must state—

(a)

the name of the drinking-water supplier or temporary drinking-water supplier to whom it is addressed; and

(b)

the reasons for the order; and

(c)

the action required to be taken, stopped, or not taken; and

(d)

the period within which the action must be taken or stopped, being a reasonable period within which to take the action required or to stop the action; and

(e)

the consequences of not complying with the order or lodging a notice of appeal; and

(f)

the rights of appeal under section 69ZZK; and

(g)

the name and office address of the medical officer of health who issued the order.

Section 69ZZJ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZK Appeals

(1)

Any drinking-water supplier or temporary drinking-water supplier on whom a compliance order is served may appeal to the District Court in accordance with subsection (2) against the whole or any part of that order.

(2)

A notice of an appeal must—

(a)

state the reasons for the appeal and the relief sought; and

(b)

be lodged with the District Court and served on the medical officer of health who issued the order.

(3)

An appeal against a compliance order does not operate as a stay of that order unless a stay is granted by the District Court under section 69ZZL.

(4)

On an appeal under this section, the District Court may—

(a)

confirm the compliance order; or

(b)

vary the compliance order; or

(c)

set the compliance order aside.

Section 69ZZK: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZL Stay of compliance order pending appeal

(1)

Any drinking-water supplier or temporary drinking-water supplier who appeals under section 69ZZK may also apply to a District Court Judge for a stay of the compliance order pending a decision on the appeal.

(2)

An application for a stay must—

(a)

state the reasons why the drinking-water supplier or temporary drinking-water supplier considers it unreasonable to comply with the compliance order; and

(b)

state the likely effect on the people who will drink the drinking water supplied or transported by the drinking-water supplier or temporary drinking-water supplier if the stay is granted; and

(c)

state the likely effect on the drinking-water supplier or temporary drinking-water supplier or, if relevant, their drinking-water supply, if the stay is not granted; and

(d)

be lodged with the District Court and served immediately on the medical officer of health who issued the order.

(3)

If a drinking-water supplier or temporary drinking-water supplier applies for a stay, a District Court Judge must consider the application for a stay as soon as practicable after the application has been lodged.

(4)

Before granting a stay, the District Court Judge must consider—

(a)

the likely effect of granting a stay on the people who will drink the drinking water supplied or transported by that drinking-water supplier or temporary drinking-water supplier, if the stay is granted; and

(b)

whether it is unreasonable for the drinking-water supplier or temporary drinking-water supplier to comply with the compliance order pending the decision on the appeal; and

(c)

any other matters that the Judge considers appropriate.

(5)

The District Court Judge may grant or refuse a stay and, if the Judge grants a stay, may impose any terms and conditions on that stay that the Judge considers appropriate.

(6)

Any drinking-water supplier or temporary drinking-water supplier to whom a stay is granted must serve a copy of it on the medical officer of health who issued the order.

(7)

A stay does not have effect until it is served in accordance with subsection (6).

Section 69ZZL: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZM Variation and cancellation of compliance order

(1)

If a medical officer of health considers that a compliance order is no longer required, he or she may cancel the compliance order.

(2)

The medical officer of health must give written notice of his or her decision to cancel a compliance order to the drinking-water supplier or temporary drinking-water supplier who is subject to that compliance order.

(3)

Any person who is directly affected by a compliance order may apply in writing to the medical officer of health to change or cancel the compliance order.

(4)

The medical officer of health—

(a)

must, as soon as practicable, consider the application, having regard to—

(i)

the purpose for which the compliance order was issued; and

(ii)

the effect of a change or cancellation on that purpose; and

(iii)

any other matter that the medical officer of health considers appropriate; and

(b)

may confirm, change, or cancel the compliance order.

(5)

The medical officer of health must give written notice of his or her decision to the person who applied under subsection (3) for a change or cancellation of the compliance order.

Section 69ZZM: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZN Appeals against decision on change or cancellation of compliance order

(1)

If the medical officer of health, after considering an application made under section 69ZZM(3) by a person who is directly affected by a compliance order, confirms that compliance order or changes it in a way other than that sought by that person, that person may appeal to the District Court in accordance with section 69ZZK against the whole or any part of the compliance order.

(2)

No person who lodges an appeal under subsection (1) may apply for, or be granted, a stay of the compliance order pending a decision on that appeal.

Section 69ZZN: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Contamination of water supplies and sources

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZO Contamination of raw water or pollution of water supply

(1)

Every person commits an offence who does any act likely to contaminate any raw water or pollute any drinking water, knowing that the act is likely to contaminate or pollute that water, or being reckless as to the consequences of that act.

(2)

Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 5 years, or to a fine not exceeding $200,000, or both.

Section 69ZZO: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZO(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

69ZZP Local authority may be required to warn users of self-supplied building water supplies about contamination

(1)

A medical officer of health who believes that a source of water for a drinking-water supply is contaminated in a way that affects or is likely to affect self-supplied building water supplies provided from that source may issue a notice to the territorial authority or regional council responsible for the area to which water is supplied from that source, or to both.

(2)

A territorial authority or regional council that receives a notice under subsection (1) must—

(a)

ensure that an assessment is made as to whether drinking water that is not potable has been or is being supplied to a self-supplied building water supply from the source specified in the notice; and

(b)

if that assessment so requires, take all practicable steps—

(i)

to warn users of that supply—

(A)

that drinking water must not be used for domestic use and food preparation; or

(B)

that drinking water may only be used for domestic use and food preparation if certain steps are first taken (for example, boiling the water); and

(ii)

to exercise any other power or take any action to remedy the situation.

Section 69ZZP: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Offences

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZQ Offence to supply or transport water if not registered

(1)

Every drinking-water supplier commits an offence who supplies water for more than 5 days unless that supplier is—

(a)

registered under section 69K; or

(b)

authorised to supply water by a medical officer of health.

(2)

Every drinking-water supplier who is a water carrier commits an offence if the water carrier—

(a)

transports raw water or drinking water for more than 5 days in any 12-month period unless that carrier is—

(i)

registered under section 69K; or

(ii)

authorised to supply water by a medical officer of health:

(b)

exports raw water or drinking water while not registered under section 69K.

(3)

Every person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

Section 69ZZQ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZQ(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

69ZZR Offences against sections in this Part

(1)

Every person commits an offence who contravenes, or permits a contravention of, any of the following:

(a)

section 69U (duty to protect source of drinking water):

(b)

section 69V (duty to take all practicable steps to comply with drinking-water standards):

(c)

section 69Y (duty to monitor drinking water):

(d)

section 69Z (duty to prepare and implement water safety plan):

(e)

section 69ZA(5) (duty of certain drinking-water suppliers or temporary drinking-water suppliers to prepare and implement a water safety plan if required to do so):

(f)

section 69ZF (duty to take remedial action if drinking-water standards breached):

(g)

section 69ZZD(3) (duty to comply with requirements of a designated officer acting under emergency powers).

(2)

Every person commits an offence who contravenes, or permits a contravention of, any of the following:

(a)

section 69ZD (duty to keep records and make them available):

(b)

section 69ZG (duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health):

(c)

section 69ZZI (compliance with compliance order).

(3)

Every person commits an offence who contravenes, or permits a contravention of, any of the following:

(a)

section 69K (applications for registration):

(b)

section 69L (renewal of registration by water carriers):

(c)

section 69M (duty to update details on register):

(d)

section 69S (duty of suppliers in relation to provision of drinking water):

(e)

section 69T (duties where risk to water is actual or foreseeable):

(f)

section 69X (duty to test new water sources):

(g)

section 69ZI (duty to notify medical officer of health of source and quality of raw water).

(4)

Every person commits an offence who, without reasonable excuse, takes any water from a fire hydrant, unless—

(a)

that person is a firefighter (as defined in section 2 of the Fire Service Act 1975); or

(b)

that person is a member of a volunteer fire brigade (as defined in section 2 of the Fire Service Act 1975); or

(c)

that person takes the water for the purposes of firefighting; or

(d)

that person—

(i)

has the written approval of the drinking-water supplier who supplies water to the hydrant; and

(ii)

has been assessed by that drinking-water supplier as being competent to take water from that hydrant in a way that does not endanger the networked system of which the hydrant forms a part or the water in that system.

Section 69ZZR: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZR(1)(d): amended, on 5 December 2013, by section 14 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZZR(1)(e): amended, on 5 December 2013, by section 14 of the Health Amendment Act 2013 (2013 No 119).

69ZZS Strict liability and defence to offences

(1)

In any prosecution for an offence under section 69ZZQ or 69ZZR, it is not necessary to prove that the defendant intended to commit the offence.

(2)

It is a defence to prosecution for an offence under section 69ZZQ or 69ZZR if the defendant proves—

(a)

that the defendant did not intend to commit the offence; and

(b)

that the defendant took all practicable steps to prevent the commission of the offence.

Section 69ZZS: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZT Offences involving deception

(1)

Every person commits an offence who, with intent to deceive,—

(a)

makes any false or misleading statement or any material omission in any communication, record, or return for the purpose of this Part or the drinking-water standards; or

(b)

destroys, cancels, conceals, alters, obliterates, or fails to provide, any document, record, return, or information that is required to be kept or communicated under this Part or under the drinking-water standards; or

(c)

falsifies, removes, suppresses, or tampers with any samples, test procedures, test results, or evidence taken by a drinking-water assessor in the exercise of that drinking-water assessor’s functions or powers under this Part; or

(d)

falsifies, removes, suppresses, or tampers with any samples, test procedures, or test results taken under, or for the purposes of,—

(i)

the drinking-water standards; or

(ii)

a drinking-water supplier’s water safety plan.

(2)

Every person who commits an offence against subsection (1) is liable on conviction to the penalty set out in section 69ZZV(1).

Section 69ZZT: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZT(1)(d)(ii): amended, on 5 December 2013, by section 15 of the Health Amendment Act 2013 (2013 No 119).

Section 69ZZT(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

69ZZU Time for filing charging document

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence under this Part ends on the date that is 3 years after the date on which the offence was committed.

Section 69ZZU: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

69ZZV Penalties

(1)

Every person who commits an offence against section 69ZZR(1) or 69ZZT is liable on conviction to a fine not exceeding $200,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues.

(2)

Every person who commits an offence against section 69ZZR(2) is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues.

(3)

Every person who commits an offence against section 69ZZR(3) or (4) is liable on conviction to a fine not exceeding $5,000.

(4)

The continued existence of any thing, or the intermittent repetition of any action, that constitutes an offence under section 69ZZR is a continuing offence for the purposes of this section.

Section 69ZZV: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZV(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 69ZZV(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 69ZZV(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

69ZZW Additional penalty for certain offences for commercial gain

(1)

If a person is convicted of an offence against section 69ZZR or 69ZZT, the court may, if it is satisfied that the offence was committed in the course of producing a commercial gain, and in addition to any penalty that the court may impose under section 69ZZV, order that person to pay an amount not exceeding—

(a)

3 times the value of any commercial gain resulting from the commission of the offence; or

(b)

if the person is a body corporate, and the value of any gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).

(2)

For the purposes of subsection (1), the value of any gain (if readily ascertainable) must be assessed by the court, and any amount ordered to be paid under subsection (1)(a) or (b) is recoverable in the same manner as a fine.

(3)

In this section, interconnected and turnover have the same meaning as in the Commerce Act 1986.

Section 69ZZW: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZX Liability of principal for acts of agents

(1)

If an offence is committed against this Part by any person (person A) acting as the agent (including any contractor) or employee of another person (person B), person B is, without prejudice to the liability of person A, liable under this Part in the same manner and to the same extent as if he, she, or it had personally committed the offence.

(2)

Despite subsection (1), if any proceedings are brought under that subsection, it is a good defence if the defendant proves,—

(a)

in the case of a natural person (including a partner in a firm), that—

(i)

he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or

(ii)

he or she took all practicable steps to prevent the commission of the offence; or

(b)

in the case of a body corporate, that—

(i)

neither the directors nor any person concerned in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or

(ii)

the body corporate took all practicable steps to prevent the commission of the offence; and

(c)

in all cases, that the defendant took all practicable steps to remedy any effects of the act or omission giving rise to the offence.

(3)

If any body corporate is convicted of an offence against this Part, every director and every person concerned in the management of the body corporate is also guilty of that offence if it is proved—

(a)

that the act that constituted the offence took place with his or her authority, permission, or consent; and

(b)

that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all practicable steps to prevent or stop it.

Section 69ZZX: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Miscellaneous

Heading: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZY Regulations

(1)

The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:

(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 for the purposes of this Part:

(b)

regulating the carriage of raw water, drinking water, or both—

(i)

in trucks or other vehicles:

(ii)

by rail:

(iii)

in ships or other vessels:

(c)

requiring the Director-General to issue guidelines to facilitate compliance with the requirements of section 69U, and requiring the Director-General to follow any specified process before issuing those guidelines:

(d)

prescribing criteria, in addition to the criteria set out in section 69ZY(2), for the recognition of laboratories:

(e)

extending the period, up to a maximum of 2 years, during which a drinking-water emergency declaration under section 69ZZA remains in force:

(f)

prescribing specifications for metal and other materials that may be used for pipes, valves, taps, or other fittings susceptible to corrosion that come into contact with raw water or drinking water prior to the point of supply:

(g)

regulating the nature of substances permitted to come into contact with raw water or drinking water prior to the point of supply:

(h)

prescribing required competencies and other requirements in relation to the management, operation, and maintenance of drinking-water supply systems or components of those systems, or any of those matters:

(i)

prescribing the form of warrant to be issued under section 69ZS:

(j)

providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.

(2)

Regulations may not be made for the purpose described in subsection (1)(a) except on the advice of the Minister provided after consultation with those bodies or organisations that appear to the Minister to be representative of persons likely to be substantially affected by the regulations.

Section 69ZZY: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZZ Protecting water supplies from risk of back-flow

(1)

This section applies if a networked supplier considers that there is a need to protect the networked system from risks of pollution caused by water and other substances on properties connected to the networked system.

(2)

A networked supplier may,—

(a)

if the supplier considers it desirable or necessary,—

(i)

install a back-flow prevention system in the network on the side of the point of supply for which the supplier is responsible for maintaining; or

(ii)

allow the owner of property to which water is supplied to install a back-flow prevention system that incorporates a verifiable monitoring system (being a monitoring system approved by both the supplier and a drinking-water assessor):

(b)

require the owner of the property in respect of which the back-flow prevention system operates or the person who is required (whether under the Local Government Act 2002 or any contract) to pay for drinking water supplied to that property,—

(i)

if paragraph (a)(i) applies, to reimburse the supplier for the cost of that system (including the cost of installation, testing, and on-going maintenance); and

(ii)

if paragraph (a)(i) or (ii) applies, to repair or modify any back-flow prevention system that, in the opinion of the supplier, is not functioning adequately.

(3)

A person who installs a back-flow protection device must take all reasonable steps to ensure it can operate in a way that does not compromise the operation of any automatic sprinkler system connected to the water supply.

(4)

A networked supplier—

(a)

must test each back-flow protection device operating in its network at least once a year; and

(b)

must advise the territorial authority in its area of the results; and

(c)

may require the occupier of the property in respect of which the device operates to pay the reasonable costs involved in conducting the test.

Section 69ZZZ: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZZA Keeping, inspection, and copying of registers

(1)

Any register that is required to be kept under this Part may be kept in any manner that the Director-General considers appropriate, including, either wholly or partly, by means of a device or facility that—

(a)

records or stores information electronically or by other means; and

(b)

permits the information so recorded to be readily inspected or reproduced in usable form; and

(c)

permits the information in the register to be accessed by electronic means, including (without limitation) by means of remote logon access.

(2)

The Director-General must keep any register that is required to be kept under this Part open for public inspection—

(a)

on the Ministry’s website in an electronic form that is publicly accessible; and

(b)

during ordinary office hours, at—

(i)

the head office of the Ministry; or

(ii)

an office of the Ministry for the time being specified for the purposes of this subsection by notice published in the Gazette.

(3)

The Director-General must supply to any person a copy of all or part of any register that is required to be kept under this Part, on request, and on payment of a reasonable charge for the production of the copy.

Section 69ZZZA: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZZB Director-General must publish annual report

(1)

The Director-General must prepare and publish a report on drinking water before 1 July in each year.

(2)

A report under subsection (1) must include information about—

(a)

the quality of drinking water supplied by each drinking-water supplier (other than neighbourhood drinking-water suppliers), including whether that drinking water is potable; and

(b)

the compliance or non-compliance of those drinking-water suppliers with this Part and the drinking-water standards.

(3)

The Director-General must ensure that copies of the most recent report are available—

(a)

on the Ministry’s website in an electronic form that is publicly accessible; and

(b)

for inspection by members of the public free of charge during ordinary office hours at the head office of the Ministry; and

(c)

for purchase by members of the public at a reasonable price.

Section 69ZZZB: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZZC Statements by Director-General

The Director-General may, for the purpose of protecting the public, publish statements relating to any drinking-water emergency, or to the performance or non-performance of any duty imposed on any person by or under this Part.

Section 69ZZZC: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZZD Protection of persons performing or exercising functions, duties, or powers under this Part

(1)

No specified person who does or omits to do any act in connection with the performance or exercise of a function or power under this Part is under any civil or criminal liability in respect of that act or omission, unless the act or omission was done in bad faith or without reasonable care.

(2)

Every statement, notice, warning, or declaration, issued under this Part, is protected by qualified privilege.

(3)

In this section, a specified person is—

(a)

the Director-General:

(b)

a drinking-water assessor:

(c)

a designated officer:

(d)

a local authority (other than when acting in its capacity as a drinking-water supplier).

Section 69ZZZD: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

69ZZZE Relationship between this Part and other enactments

This Part does not apply to any water—

(a)

supplied for food preparation use that is regulated under the Food Act 2014; or

(b)

that is subject to regulations or specifications made or issued under the Animal Products Act 1999 or the Wine Act 2003.

Section 69ZZZE: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZZZE(a): amended, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).

Part 3 Infectious and notifiable diseases

70 Special powers of medical officer of health

(1)

For the purpose of preventing the outbreak or spread of any infectious disease, the medical officer of health may from time to time, if authorised to do so by the Minister or if a state of emergency has been declared under the Civil Defence Emergency Management Act 2002 or while an epidemic notice is in force,—

(a)

declare any land, building, or thing to be insanitary, and prohibit its use for any specified purpose:

(b)

cause any insanitary building to be pulled down, and the timber and other materials thereof to be destroyed or otherwise disposed of as he thinks fit:

(c)

cause insanitary things to be destroyed or otherwise disposed of as he thinks fit:

(d)

cause infected animals to be destroyed in such manner as he thinks fit:

(e)

require persons to report themselves or submit themselves for medical examination at specified times and places:

(ea)

if the spread of the disease would be a significant risk to the public, require people to report, or submit themselves for medical testing, at stated times and places:

(f)

require persons, places, buildings, ships, vehicles, aircraft, animals, or things to be isolated, quarantined, or disinfected as he thinks fit:

(fa)

if the spread of the disease would be a significant risk to the public, require people, places, buildings, ships, vehicles, aircraft, animals, or things to be tested as he or she thinks fit:

(g)

forbid persons, ships, vehicles, aircraft, animals, or things to come or be brought to any port or place in the health district from any port or place which is or is supposed to be infected with any infectious disease:

(h)

require people to remain in the health district or the place in which they are isolated or quarantined until they have been medically examined and found to be free from infectious disease, and until they have undergone such preventive treatment as he may in any such case prescribe:

(i)

forbid the removal of ships, vehicles, aircraft, animals, or things from the health district, or from one port or part thereof to another, or from the place where they are isolated or quarantined, until they have been disinfected or examined and found to be free from infection:

(j)

prohibit the keeping of animals or of any species of animal in any specified part of the health district:

(k)

forbid the discharge of sewage, drainage, or insanitary matter of any description into any watercourse, stream, lake, or source of water supply:

(l)

use or authorise any local authority to use as a temporary site for a special hospital or place of isolation any reserve or endowment suitable for the purpose, notwithstanding that such use may conflict with any trust, enactment, or condition affecting the reserve or endowment:

(la)

by written order to the person appearing to be in charge of the premises concerned, do either or both of the following:

(i)

require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district):

(ii)

require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district) in which infection control measures described in the order are not operating:

(m)

by order published in a newspaper circulating in the health district or by announcement broadcast by a television channel or radio station that can be received by most households in the health district, do any of the following:

(i)

require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description:

(ii)

require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description in which infection control measures described in the order are not operating:

(iii)

forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district (or a stated area of the district):

(iv)

forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district (or a stated area of the district) in which infection control measures described in the order are not operating.

(n)
[Repealed]

(o)
[Repealed]

(1A)

An order under paragraph (la) or (m) of subsection (1) does not apply to—

(a)

any premises that are, or any part of any premises that is, used solely as a private dwellinghouse; or

(b)

any premises within the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000); or

(c)

any premises whose principal or only use is as a courtroom or judge’s chambers, or a court registry; or

(d)

any premises that are, or are part of, a prison (within the meaning of section 3(1) of the Corrections Act 2004).

(1B)

An order under paragraph (la) or (m) of subsection (1) may exempt people engaged in necessary work in the premises to which it relates.

(1C)

If the medical officer of health publishes an order under subsection (1)(m) in a newspaper circulating in the health district, he or she must also make reasonable efforts to have the contents or gist of the order published by announcement broadcast by a television channel or radio station that can be received by most households in the health district.

(1D)

The medical officer of health may publish in any other manner he or she thinks appropriate an order under paragraph (la) or (m) of subsection (1) or its gist.

(2)

The medical officer of health, and any environmental health officer or other person authorised in that behalf by the medical officer of health, may at any time, with or without assistants, enter on any lands, buildings, or ships, and inspect the same and all things thereon or therein; and may do, with respect to any persons, places, lands, buildings, ships, animals, or things, whatever in the opinion of the medical officer of health is necessary or expedient for the purpose of carrying out the foregoing provisions of this section.

(3)

In no case shall the medical officer of health, or any environmental health officer or assistant or other person, incur any personal liability by reason of anything lawfully done by him under the powers conferred by this section.

(4)

If satisfied that it is desirable in the circumstances to do so, the Director-General may authorise a medical officer of health to operate in a stated area outside his or her district; and in that case, this section and section 71 apply as if the area is part of both his or her district and the district of which it is in fact part.

Compare: 1920 No 45 s 76

Section 70(1): amended, on 19 December 2006, by section 5(1) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1): amended, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).

Section 70(1): amended, on 3 November 1964, by section 3 of the Health Amendment Act 1964 (1964 No 34).

Section 70(1)(ea): inserted, on 19 December 2006, by section 5(2) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(f): amended, on 19 December 2006, by section 5(3) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(fa): inserted, on 19 December 2006, by section 5(4) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(g): amended, on 19 December 2006, by section 5(5) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(h): amended, on 19 December 2006, by section 5(6) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(i): amended, on 19 December 2006, by section 5(5) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(la): inserted, on 19 December 2006, by section 5(7) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(m): replaced, on 19 December 2006, by section 5(7) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(n): repealed, on 19 December 2006, by section 5(7) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1)(o): repealed, on 19 December 2006, by section 5(7) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1A): inserted, on 19 December 2006, by section 5(8) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1B): inserted, on 19 December 2006, by section 5(8) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1C): inserted, on 19 December 2006, by section 5(8) of the Health Amendment Act 2006 (2006 No 86).

Section 70(1D): inserted, on 19 December 2006, by section 5(8) of the Health Amendment Act 2006 (2006 No 86).

Section 70(2): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

Section 70(3): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

Section 70(4): inserted, on 19 December 2006, by section 5(9) of the Health Amendment Act 2006 (2006 No 86).

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

(1)

In the event of the outbreak of any infectious disease the medical officer of health, with the authority in writing of the Minister or during a state of emergency declared under the Civil Defence Emergency Management Act 2002 or while an epidemic notice is in force, may—

(a)

by requisition in writing served on its owner or occupier, take possession of, occupy, and use any land or building (whether public or private) that in his or her opinion is required for the accommodation and treatment of patients:

(ab)

by requisition in writing served on the owner, occupier, or other person for the time being in charge of it, take possession of, occupy, and use any land, building, vehicle, or craft (other than an aircraft), whether public or private, that in his or her opinion is required for the storage or disposal of bodies:

(b)

by requisition in writing served on the owner or other person for the time being in charge of it, take possession of and use any vehicle or craft, whether public or private, that in his or her opinion is required for the transport of—

(i)

patients, medical personnel, medicine, medical equipment or devices, food, or drink; or

(ii)

clothing, bedding, or tents or other temporary facilities or structures; or

(iii)

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

(c)

by requisition in writing served on the occupier of any premises or on any person for the time being in charge of any premises, require to be delivered to him or in accordance with his order such drugs and articles of food or drink, and such other materials, as he deems necessary for the treatment of patients.

(2)

Every person who suffers any loss or damage by the exercise of any of the powers conferred on the medical officer of health by this section shall be entitled to compensation to be determined in case of dispute by a District Court, whose decision shall be final.

(3)

Every person who refuses or fails to comply with any requisition under this section, or who counsels, procures, aids, or incites any other person so to do, or who interferes with or obstructs the medical officer of health or any person acting under the authority of the medical officer of health in the exercise of any powers under this section, commits an offence and is liable on conviction before a District Court Judge to a fine not exceeding $1,000.

Compare: 1920 No 45 s 75

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

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

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

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

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

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

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

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

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

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

71A Power of constables to assist medical officer of health in relation to infectious diseases

(1)

A constable may do any thing reasonably necessary (including the use of force)—

(a)

to help a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 or 71; or

(b)

to help a person to do a thing that a medical officer of health or any person authorised by a medical officer of health has caused or required to be done in the exercise or performance of powers or functions under section 70 or 71; or

(c)

to prevent people from obstructing or hindering a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 or 71; or

(d)

to prevent people from obstructing or hindering a person doing a thing that a medical officer of health or any person authorised by a medical officer of health has caused or required to be done in the exercise or performance of powers or functions under section 70 or 71; or

(e)

to compel, enforce, or ensure compliance with a requirement made by a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 or 71; or

(f)

to prevent, or reduce the extent or effect of, the doing of a thing that a medical officer of health or any person authorised by a medical officer of health has forbidden or prohibited in the exercise or performance of powers or functions under section 70 or 71.

(2)

A constable acting under subsection (1) may at any time do any or all of the following things:

(a)

enter into or on any land, building, aircraft, ship, or vehicle:

(b)

inspect any land, building, aircraft, ship, or vehicle, and any thing in or on it:

(c)

whether for the purposes of paragraph (a) or (b) (or both) or in the exercise of a power conferred by subsection (1),—

(i)

stop a ship or vehicle, or a taxiing aircraft; or

(ii)

prevent a stationary aircraft, ship, or vehicle from moving; or

(iii)

prevent an aircraft or ship from departing.

(3)

Subsection (2) does not limit the generality of subsection (1).

(4)

A constable may do a thing authorised by subsection (1) or (2) whether or not a medical officer of health has asked him or her to do so.

(5)

Sections 128, 129, and 177 of the Search and Surveillance Act 2012, with any necessary modifications, apply to the powers conferred by subsection (2)(c).

(6)

A constable does not incur any personal liability by reason of anything done by him or her in good faith in the exercise or intended exercise of a power conferred by this section.

Section 71A: inserted, on 19 December 2006, by section 7 of the Health Amendment Act 2006 (2006 No 86).

Section 71A heading: amended, on 1 October 2008, pursuant to section 116(a)(i) of the Policing Act 2008 (2008 No 72).

Section 71A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 71A(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 71A(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 71A(5): replaced, on 1 October 2012, by section 330 of the Search and Surveillance Act 2012 (2012 No 24).

Section 71A(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

72 Offences relating to obstructing medical officer of health or people assisting medical officer of health

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, a fine not exceeding $4,000, or both who in any way (directly or indirectly, by act or default)—

(a)

threatens, assaults, or intentionally obstructs or hinders a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 or 71; or

(b)

threatens, assaults, or intentionally obstructs or hinders a constable acting under section 71A; or

(c)

does anything forbidden by a medical officer of health or any person authorised by a medical officer of health under section 70 or 71; or

(d)

fails or refuses to comply with, or delays complying with, a direction or requirement of a medical officer of health or any person authorised by a medical officer of health given in the exercise of powers or functions under section 70 or 71; or

(e)

does, or delays ceasing to do, a thing prohibited or forbidden by a medical officer of health or any person authorised by a medical officer of health in the exercise of powers or functions under section 70 or 71.

Section 72: replaced, on 19 December 2006, by section 7 of the Health Amendment Act 2006 (2006 No 86).

Section 72: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 72(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

73 Medical officer of health may cause sanitary works to be undertaken

(1)

Without limiting the liability of any person for an offence under the last preceding section, if any offence under that section consists in not doing any sanitary work or in failing to remedy any sanitary defect the medical officer of health may himself cause the work to be done or the defect to be remedied at the expense in all things of the offender.

(2)

All such expenses shall be recoverable as a debt due to the Crown.

Compare: 1920 No 45 s 78

Section 73(2): replaced, on 1 July 1993, by section 19 of the Health Amendment Act 1993 (1993 No 24).

74 Medical practitioners to give notice of cases of notifiable disease

(1)

Every medical practitioner who has reason to believe that any person professionally attended by him is suffering from a notifiable disease or from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable disease shall—

(a)

in the case of a notifiable infectious disease, forthwith inform the occupier of the premises and every person nursing or in immediate attendance on the patient of the infectious nature of the disease and the precautions to be taken, and forthwith give notices in the prescribed form to the medical officer of health, and, except where the disease is specified in section B of Part 1 of Schedule 1, to the local authority of the district:

(b)

in the case of a notifiable disease other than a notifiable infectious disease, forthwith give notice in the prescribed form to the medical officer of health.

(2)

[Repealed]

(3)

Every medical practitioner who by post-mortem examination or otherwise becomes aware that any deceased person was affected with a notifiable disease shall forthwith give notice in the prescribed form to the medical officer of health.

(4)

Every medical practitioner commits an offence against this Act who fails to comply with the requirements of this section.

(5)

[Repealed]

Compare: 1920 No 45 s 79

Section 74(1)(a): amended, on 6 December 1962, by section 2(1) of the Health Amendment Act 1962 (1962 No 76).

Section 74(2): repealed, on 1 July 1993, by section 20(1) of the Health Amendment Act 1993 (1993 No 24).

Section 74(5): repealed, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

74AA Medical laboratories to give notice of cases of notifiable disease

(1)

The person in charge of a medical laboratory must take all reasonably practicable steps to ensure that there are in place in it efficient systems for reporting to him or her (or to any other person for the time being in charge of it) the results of a test or other procedure undertaken in it that indicate that a person or thing is, has been, or may be or have been, infected with a notifiable disease.

(2)

The person for the time being in charge of a medical laboratory to whom results are reported under subsection (1) (or who himself or herself becomes aware of results of a kind to which that subsection applies) must immediately tell the health practitioner for whom the test or other procedure concerned was undertaken, and the medical officer of health, of the infectious nature of the disease concerned.

(3)

A person who fails to comply with subsection (2)—

(a)

commits an offence against this Act; and

(b)

is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.

Section 74AA: inserted, on 18 December 2007, by section 8 of the Health Amendment Act 2006 (2006 No 86).

Section 74AA(3)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

74A National Cervical Screening Register
[Repealed]

Section 74A: repealed, on 7 March 2005, by section 3 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

74B Medical laboratories may be required to give notice of cases of disease during epidemic

(1)

Before the commencement of section 8, an epidemic management notice may provide for this Act to have effect as if section 74AA (as to be inserted by that section) were already in force, but in relation only to the disease stated in the notice.

(2)

Unless the notice provides that section 74AA is to apply to medical laboratories in stated parts of New Zealand only, the section applies to medical laboratories throughout New Zealand.

(3)

While the notice is in force, every provision of this Act (other than this section) has effect—

(a)

as if section 74AA were in force; but

(b)

as if the references in that section to a notifiable disease were references to the quarantinable disease stated in the notice (or, if 2 or more notices are in force, to the quarantinable diseases stated in the notices).

(4)

The fact that the notice has expired does not affect any criminal or civil liability arising while it was in force.

Section 74B: inserted, on 19 December 2006, by section 9 of the Health Amendment Act 2006 (2006 No 86).

74C Priorities for medicines

(1)

The Director-General may at any time devise policies determining the priorities with which supplies of medicines that are under the control of the Crown or a Crown entity are to be dispensed during outbreaks of quarantinable diseases.

(2)

While an epidemic notice is in force,—

(a)

the Director-General may, if satisfied that there is or is likely to be a shortage of medicines because of the outbreak of the disease stated in the epidemic notice, in accordance with a policy devised under subsection (1) for the medicines, by notice in the Gazette require persons administering, dispensing, prescribing, or supplying stated medicines that are under the control of the Crown or a Crown entity to administer, dispense, prescribe, or supply them in accordance with priorities, and subject to any conditions, stated in the notice; and

(b)

every person administering, dispensing, prescribing, or supplying medicines stated in the notice that are under the control of the Crown or a Crown entity must—

(i)

comply with the priorities; and

(ii)

comply with any conditions, stated in the notice.

(3)

A notice under subsection (2) must state whether it applies to—

(a)

all persons administering, dispensing, prescribing, or supplying the medicines concerned; or

(b)

particular classes of person administering, dispensing, prescribing, or supplying the medicines concerned; or

(c)

particular persons administering, dispensing, prescribing, or supplying the medicines concerned.

(4)

A notice under subsection (2) may relate to any medicine, whether or not it can be used in relation to the disease stated in the epidemic notice.

(5)

The Director-General must publish every policy; but may do so by making it available on the Internet.

(6)

In this section, medicine means any substance used or capable of being used to prevent, treat, or palliate a disease, or the symptoms or effects of a disease.

Section 74C: inserted, on 19 December 2006, by section 9 of the Health Amendment Act 2006 (2006 No 86).

74D Redirection of aircraft

(1)

While an epidemic management notice providing for medical officers of health to do so is in force, a medical officer of health may by written or oral notice (in the case of an oral notice, whether given face-to-face or by radio) require the pilot in charge of an aircraft that has landed at a place in New Zealand to travel, as soon as practicable, to another stated place in New Zealand.

(2)

The medical officer of health must not give the notice unless satisfied—

(a)

that—

(i)

the disease stated in the epidemic management notice has or is likely to have broken out in a place the aircraft has come from (whether directly, or via other places); or

(ii)

the disease has or is likely to have broken out in the place where the aircraft has landed; or

(iii)

the aircraft is or is likely to be carrying people infected with the disease; and

(iv)

the aircraft or anything in it is or is likely to be contaminated with the disease; and

(b)

measures necessary to deal with the situation can more practicably be carried out at the other place.

Section 74D: inserted, on 19 December 2006, by section 9 of the Health Amendment Act 2006 (2006 No 86).

75 Duty of occupier of premises as to infectious disease

(1)

When any person is suffering from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable infectious disease, it shall be the duty of the occupier or other person for the time being in charge of the premises in which the first-mentioned person is living to consult a medical practitioner, or to notify the local authority of the district of the existence of a disease suspected to be a notifiable infectious disease.

(2)

Every person commits an offence against this Act who fails to comply with the provisions of this section.

Compare: 1920 No 45 s 80

76 Duty of master of vessel in harbour as to infectious disease

(1)

When any person on board a ship in any harbour is suffering from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable infectious disease, it shall be the duty of the master of the ship to notify the medical officer of health of the existence of a disease suspected to be a notifiable infectious disease.

(2)

Every such master commits an offence against this Act who fails to comply with the provisions of this section.

Compare: 1920 No 45 s 81

Section 76(1): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

77 Medical officer of health may enter premises

The medical officer of health, or any medical practitioner authorised in that behalf by the medical officer of health or by the local authority of the district, may at all reasonable times enter any premises in which he has reason to believe that there is or recently has been any person suffering from a notifiable infectious disease or recently exposed to the infection of any such disease, and may medically examine any person on those premises for the purpose of ascertaining whether that person is suffering or has recently suffered from any such disease.

Compare: 1920 No 45 s 82

78 Director-General of Health may order post-mortem examination

If the death of any person is suspected to have been due to a notifiable disease and the facts relating to the death cannot with certainty be ascertained without a post-mortem examination, or if it is desirable for preventing the occurrence or spread of a notifiable disease that the facts relating to the death of any person should be ascertained, the Director-General of Health may order a post-mortem examination of the body of the deceased person to be made by a medical practitioner.

Compare: 1920 No 45 s 83

79 Isolation of persons likely to spread infectious disease

(1)

If the medical officer of health or any health protection officer has reason to believe or suspect that any person, whether suffering from an infectious disease or not, is likely to cause the spread of any infectious disease, he may make an order for the removal of that person to a hospital or other suitable place where he can be effectively isolated.

(2)

An order under this section shall be made in every case where the medical officer of health or the health protection officer is satisfied that any person who is likely to spread an infectious disease cannot, without removal, be effectively isolated or properly attended.

(3)

An order under this section may be executed by the medical officer of health or the health protection officer, or by any person authorised in that behalf by the medical officer of health or the health protection officer, and may be executed by force if necessary.

(4)

The medical officer or other person in charge of the hospital or other place to which any person is ordered to be removed as aforesaid shall, on the presentation of the order, receive the person to whom the order relates and shall arrange for his isolation in accordance with the requirements of the medical officer of health or the health protection officer and, in the case of a person requiring medical treatment, for such treatment, and, unless the medical officer of health otherwise permits, shall detain him, by force if necessary, in isolation until he has been medically examined and found to be free from infectious disease and until he has undergone such preventive treatment as the medical officer of health may prescribe.

(5)

Any person who is isolated in accordance with this Act, whether pursuant to an order under this section or not, and who leaves the place of isolation while he is required to be so isolated, may be arrested by any officer of the Ministry of Health or by any member of the staff of the hospital or other place of isolation or by any constable, without warrant, and delivered forthwith to the same or another suitable place of isolation, and detained there pursuant to subsection (4).

(6)

Every person commits an offence against this Act who wilfully disobeys an order under this section, or who obstructs or delays or in any way interferes with the prompt execution thereof, or who, being isolated in accordance with this Act, leaves or attempts to leave the place of isolation without proper authority.

Compare: 1941 No 26 s 31

Section 79(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 79(2): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 79(3): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 79(4): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 79(5): amended, on 1 July 1993, by section 22 of the Health Amendment Act 1993 (1993 No 24).

Section 79(5): amended, on 1 July 1993, pursuant to section 38(3) of the Health Amendment Act 1993 (1993 No 24).

80 Offences in respect of infectious or communicable diseases

(1)

Every person commits an offence against this Act who—

(a)

while to his own knowledge suffering from any infectious disease, wilfully is in any public place without having taken proper precautions against the spread of infection:

(b)

while in charge of any person suffering as aforesaid, takes him into or allows him to be in any public place without having taken proper precautions against the spread of infection:

(c)

while suffering as aforesaid, enters any public conveyance; or, while in charge of any person so suffering, takes him into any public conveyance without in every such case notifying the driver or conductor of the fact.

(2)

Every person commits an offence against this Act who—

(a)

lends, sells, transmits, or exposes any things which to his knowledge have been exposed to infection from any communicable disease, unless they have first been effectively disinfected, or proper precautions have been taken against spreading the infection:

(b)

lets for hire any house or part of a house to be shared or occupied in common by or with any person who to his knowledge is suffering from any communicable disease:

(c)

lets for hire any house or part of a house in which there then is, or within the previous month has been, any person to his knowledge suffering from any communicable disease, unless the house or part thereof, as the case may be, and all things therein liable to infection have been effectively disinfected to the satisfaction of a medical officer of health before the person hiring goes into occupation:

(d)

when letting or negotiating to let to any person for hire any house in which any person suffering from an infectious disease is then living, or any part of any such house, does not disclose that fact.

(3)

For the purposes of this section, the expression public place has the same meaning as in section 2 of the Summary Offences Act 1981.

(4)

For the purposes of this section, the keeper of a lodginghouse or boardinghouse or the licensee or person charged with the management of any premises licensed or deemed to be licensed under the Sale and Supply of Alcohol Act 2012 shall be deemed to let part of a house for hire to any person admitted as a guest or lodger to the lodginghouse or boardinghouse or premises.

Compare: 1920 No 45 ss 85(1)(a)–(c), (3), 86

Section 80(3): amended, on 1 February 1982, pursuant to section 51(3) of the Summary Offences Act 1981 (1981 No 113).

Section 80(4): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 80(4): amended, on 1 April 1990, pursuant to section 230(2) of the Sale of Liquor Act 1989 (1989 No 63).

81 Power of local authority to disinfect premises

Where the local authority is of opinion that the cleansing or disinfection of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any infectious disease, the local authority may authorise any environmental health officer, with or without assistants, to enter on the premises and to carry out such cleansing and disinfection.

Compare: 1920 No 45 s 87

Section 81: amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

82 Medical officer of health may order premises to be disinfected

(1)

Whenever the medical officer of health is of opinion that the cleansing or disinfection of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any communicable disease, or otherwise for preventing danger to health, or for rendering any premises fit for occupation, he may, by notice in writing, require the local authority of the district to cleanse or disinfect the premises or article within a time specified in the notice.

(2)

On receipt of a notice under subsection (1) it shall be the duty of the local authority, within the time specified in the notice in that behalf, to cleanse and disinfect the premises or article accordingly.

(3)

If the local authority fails to carry out any work within the time specified in the notice, or in any other case where the medical officer of health thinks fit to do so, the medical officer of health may authorise any environmental health officer, with or without assistants, to enter on any premises and to carry out such disinfection and cleansing; and the cost of such disinfection or cleansing shall be recoverable from the local authority as a debt due to the Crown.

Compare: 1920 No 45 s 88

Section 82(3): amended, on 1 July 1993, by section 23 of the Health Amendment Act 1993 (1993 No 24).

Section 82(3): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

83 Infected articles may be destroyed

Where any article dealt with by a local authority or any environmental health officer under section 81 or section 82 is of such a nature that it cannot be effectively disinfected, the local authority or environmental health officer may cause the article to be destroyed.

Compare: 1920 No 45 s 89

Section 83: amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).

84 Establishment of mortuaries and disinfecting stations

(1)

Any local authority may either separately or jointly with any other local authority or local authorities,—

(a)

provide, equip, and maintain places for the reception of dead bodies (mortuaries) pending the carrying out of any post-mortem examination or until removal for interment, and provide facilities for carrying out in the mortuaries post-mortems authorised or directed under the Coroners Act 2006 or under any other enactment and for making good for burial dead bodies on which post-mortems of that kind have been carried out:

(b)

provide, equip, and maintain disinfecting and cleansing stations, plant, equipment, and attendance for the cleansing of persons and for the disinfection of bedding, clothing, or other articles which have been exposed to or are believed to be contaminated with the infection of infectious disease, or which are dirty or verminous:

(c)

provide vehicles for the conveyance of infected articles and any other accommodation, equipment, or articles required for dealing with any outbreak of infectious disease:

(d)

provide disinfectants for public use.

(2)

No building shall be erected or maintained under the foregoing provisions of this section as a mortuary or as a disinfecting or cleansing station unless the plans and specifications and the site thereof have been approved by the Director-General.

Compare: 1920 No 45 s 91; 1954 No 55 s 2

Section 84(1): amended, on 1 July 1993, by section 24 of the Health Amendment Act 1993 (1993 No 24).

Section 84(1): amended, on 23 November 1973, by section 3(2) of the Health Amendment Act 1973 (1973 No 111).

Section 84(1)(a): replaced, on 1 July 2007, by section 146 of the Coroners Act 2006 (2006 No 38).

85 Notice of death from infectious disease

(1)

When any person has died of an infectious disease, the funeral director or other person having charge of the funeral of the deceased shall forthwith, after having been informed of the cause of death and before the removal of the body from the building or other place in which it may then be, give to the medical officer of health notice in the prescribed form and manner of the fact of the death and the cause thereof.

(2)

[Repealed]

Compare: 1920 No 45 s 92

Section 85(2): repealed, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

86 Duties of local authorities as to burials

(1)

Where the body of any person who has died is in such a state as to be dangerous to health, the medical officer of health may order the body to be buried forthwith, or within a time limited in the order, and may, if he thinks fit, order that the body, pending burial, be removed to the nearest mortuary.

(2)

If the order is not complied with, it shall be the duty of the local authority to cause the body to be buried forthwith or to be removed to a mortuary for the purpose of being thence buried.

(3)

Any order under this section may be complied with on behalf of and at the cost of the local authority by any health protection officer, or any constable, or any person authorised in that behalf by the medical officer of health or health protection officer.

(4)

If the body is removed to the mortuary, it shall be the duty of the local authority to cause it to be buried.

(5)

The expenses of the removal and burial of the body by the local authority may be recovered from any person legally liable to pay the expenses of the burial, as a debt due to the local authority.

(6)

Every person commits an offence against this Act who in any way prevents or obstructs the due and prompt execution of any order under this section or of any of the powers exercisable under this section.

(7)

In this section, references to burial shall be deemed to include references to cremation in any case where cremation may be lawfully carried out.

Compare: 1920 No 45 s 93

Section 86(3): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

87 Compensation for persons injuriously affected

(1)

Subject to the provisions of this section, in every case where any building, animal, or thing is destroyed by or by order of the medical officer of health, or a health protection officer, or any local authority, pursuant to the powers conferred by this Part, every person injuriously affected thereby shall be entitled to compensation.

(2)

The compensation shall not exceed the actual market value of the building, animal, or thing in respect of which the claim is made.

(3)

If the destruction was necessary by reason of any breach or neglect of duty or of the ordinary rules of sanitary carefulness or cleanliness on the part of the claimant, or of any person for whose acts or default the claimant is responsible, no compensation shall be payable.

(4)

If the destruction was necessary by reason of any such breach or neglect as aforesaid on the part of the local authority, the compensation shall be payable by that local authority.

(5)

If the destruction was necessary in the interests of public health, and without any such breach or neglect as aforesaid, the compensation shall be payable out of money to be appropriated by Parliament for the purpose.

(6)

All questions and disputes relating to claims for compensation shall be heard and determined by a District Court, whose decision shall be final.

Compare: 1920 No 45 s 94

Section 87(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 87(6): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

87A Communicable diseases occurring in animals

(1)

The Governor-General may from time to time by Order in Council specify the communicable diseases to which this section shall apply.

(2)

Every veterinary surgeon who has reason to believe that any animal professionally attended by him is suffering from a communicable disease to which this section applies shall forthwith give notice in the prescribed form to the medical officer of health.

(3)

Every person in charge of a laboratory who has reason to believe, as a result of investigations made in that laboratory, that any animal is suffering or has suffered from a communicable disease to which this section applies shall, unless he is satisfied that notice has been given pursuant to subsection (2), forthwith give notice in the prescribed form to the medical officer of health for the health district in which that animal is or was so suffering.

(3A)

[Repealed]

(4)

Every person commits an offence against this Act who fails to comply with the provisions of this section.

(5)

This section shall bind the Crown.

(6)

Notwithstanding anything in the preceding provisions of this section, or in any Order in Council made hereunder nothing in those provisions shall apply in respect of any animal found to be suffering from a communicable disease in the course of any campaign for the eradication of that disease conducted by or at the instance of the responsible Ministry.

Section 87A: inserted, on 3 November 1964, by section 6 of the Health Amendment Act 1964 (1964 No 34).

Section 87A(3A): repealed, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).

Section 87A(6): inserted, on 20 October 1972, by section 2 of the Health Amendment Act 1972 (1972 No 65).

Section 87A(6): amended, on 1 July 1995, pursuant to section 6(1)(b) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31).

Venereal disease

88 Persons suffering from venereal disease to undergo treatment

(1)

Every person suffering from any venereal disease, or who has reason to believe that he is suffering from any such disease, shall forthwith consult a medical practitioner with respect thereto, and shall place himself under treatment by that medical practitioner, or by some other medical practitioner, or shall attend for treatment at any hospital or other place available for the treatment of venereal diseases.

(2)

Every person undergoing treatment for any venereal disease as aforesaid shall, until he has been cured of that disease or is free from that disease in a communicable form, continue to submit himself to such treatment at such intervals as may be prescribed, not exceeding in any case an interval of 4 weeks.

(3)

Every person commits an offence against this Act who contravenes or fails to comply in any respect with any of the provisions of this section.

Compare: 1917 No 24 s 3

Section 88(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

89 Duty of medical practitioner as to patient suffering from venereal disease

Every medical practitioner who attends or advises any patient for or in respect of any venereal disease from which the patient is suffering shall, by written notice in the prescribed form delivered to the patient,—

(a)

direct the attention of the patient to the infectious character of the disease, and to the penalties prescribed by this Act for infecting any other person with that disease; and

(b)

warn the patient against having a sexual relationship until he has been cured of that disease or is free from that disease in a communicable form; and

(c)

give to the patient such printed information relating to the treatment of venereal disease, and to the duties of persons suffering from such disease, as may be issued by the directions of the Minister.

Compare: 1917 No 24 s 4

Section 89(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

90 Treatment of children

(1)

Any parent, guardian, or other person in charge of a child suffering from any venereal disease shall cause the child to be treated for that disease by a medical practitioner.

(2)

Every parent, guardian, or other person in charge of any such child as aforesaid who fails or neglects to have that child treated as aforesaid by a medical practitioner commits an offence against this Act.

(3)

For the purposes of this section the term child means a person under the age of 16 years.

Compare: 1917 No 24 s 5

Section 90(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 90(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

91 Persons other than medical practitioners treating venereal disease

Every person, other than a medical practitioner, who undertakes for payment or other reward the treatment or cure of any venereal disease commits an offence and is liable, on conviction before a District Court Judge, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 1 year, or to both.

Compare: 1917 No 24 s 7

Section 91 heading: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 91: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 91: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 91: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 91: amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

92 Infecting any person with venereal disease

Every person who knowingly infects any other person with a venereal disease, or knowingly does or permits or suffers any act likely to lead to the infection of any other person with any such disease, commits an offence and is liable, on conviction before a District Court Judge, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 1 year, or to both.

Compare: 1917 No 24 s 8

Section 92: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 92: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 92: amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

Part 3A Trading in human blood and controlled human substance

[Repealed]

Part 3A: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92A Interpretation
[Repealed]

Section 92A: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92B Trading in own blood or controlled human substance prohibited
[Repealed]

Section 92B: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92C Collection of blood or controlled human substance
[Repealed]

Section 92C: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92D Charging for administered blood or controlled human substance
[Repealed]

Section 92D: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92E Exemptions
[Repealed]

Section 92E: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92F Unauthorised advertising prohibited
[Repealed]

Section 92F: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92G Liability of employers, principals, and directors
[Repealed]

Section 92G: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92H Appointed entities to collect and distribute blood and controlled human substances
[Repealed]

Section 92H: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92I Exemption from Part 2 of Commerce Act 1986
[Repealed]

Section 92I: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92J Protection of appointed entities
[Repealed]

Section 92J: repealed, on 1 November 2008, by section 93(2) of the Human Tissue Act 2008 (2008 No 28).

92K Exemption from Part 2 of Commerce Act 1986
[Repealed]

Section 92K: repealed, on 4 July 1998, by section 3 of the Health Amendment Act 1998 (1998 No 86).

92L Protection of trustees of blood transfusion trust
[Repealed]

Section 92L: repealed, on 4 July 1998, by section 3 of the Health Amendment Act 1998 (1998 No 86).

Part 4 Quarantine

93 Port health officers
[Repealed]

Section 93: repealed, on 1 April 1983, by section 4(1) of the Health Amendment Act 1982 (1982 No 34).

94 Places of inspection for ships

The Minister may from time to time, by notice in the Gazette, declare any specified portion of any harbour to be a place of inspection to which ships liable to quarantine shall be taken while awaiting inspection by the medical officer of health or health protection officer.

Compare: 1920 No 45 s 95

Section 94: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 94: amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

95 Infected places

The Minister may from time to time, by notice in the Gazette, declare any place in New Zealand to be an infected place for the purposes of this Part, on the ground that the place is infected with a quarantinable disease.

Compare: 1920 No 45 s 98

96 Ships and aircraft liable to quarantine

(1)

Except as otherwise provided in any regulations made under this Act, the following ships shall be liable to quarantine:

(a)

every ship arriving in New Zealand from any port beyond New Zealand:

(b)

every ship arriving at any port in New Zealand from any infected place in New Zealand:

(c)

every ship on board which any quarantinable disease, or any disease reasonably believed or suspected to be a quarantinable disease, has broken out or been discovered.

(2)

Except as otherwise provided in any regulations made under this Act, the following aircraft shall be liable to quarantine:

(a)

every aircraft arriving in New Zealand from any place beyond New Zealand:

(b)

every aircraft arriving at any aerodrome in New Zealand from any infected place in New Zealand.

Compare: 1920 No 45 s 100; 1940 No 17 s 11

97 People liable to quarantine

(1)

A person is liable to quarantine if he or she is on board, or disembarks from, a craft that is liable to quarantine.

(2)

This subsection applies to a person liable to quarantine if the medical officer of health believes or suspects, on reasonable grounds,—

(a)

that he or she is infected with a quarantinable disease; or

(b)

that, within the 14 days before he or she arrived in New Zealand, he or she has been exposed to a disease that (whether or not it was a quarantinable disease at the time of the believed or suspected exposure) is a quarantinable disease.

Section 97: replaced, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

97A People liable to quarantine to comply with directions and supply information

(1)

A person who is liable to quarantine—

(a)

must comply with all directions, requirements, or conditions given, made, or imposed by the medical officer of health or a person authorised by the medical officer of health under this Part; and

(b)

must, on request by the medical officer of health or a person authorised by the medical officer of health, give any information the officer believes on reasonable grounds to be necessary to enable the management of risks to public health.

(2)

In the case of people arriving in New Zealand by craft, the medical officer of health or a person authorised by the medical officer of health may request information under subsection (1)(b) by requiring the person appearing to the officer to be in charge of the craft to collect or supply some or all of it—

(a)

by requiring the person to distribute and collect cards or forms for passengers and crew to fill in; or

(b)

in any other reasonable manner the officer may require.

(3)

A person required under subsection (2) to collect or supply information must take all reasonably practicable steps to do so promptly.

(4)

For the purposes of subsection (1)(b), the information that may be requested from a person includes—

(a)

his or her name; and

(b)

his or her recent travel history; and

(c)

his or her recent activities; and

(d)

his or her previous and present addresses, and proposed routes, destinations, and addresses; and

(e)

his or her movements during the 14 days before his or her arrival; and

(f)

whether he or she is experiencing or has recently experienced particular symptoms.

(5)

Subsection (2) does not limit subsection (1).

(6)

The medical officer of health or a person authorised by the medical officer of health may obtain from the department of State responsible for keeping it (and the department may supply to the medical officer of health or a health protection officer) any information about a person who is liable to quarantine that the officer believes on reasonable grounds to be necessary to obtain in order to trace the person’s movements or discover the contacts the person has had with other people.

(7)

Subsection (1)(b) does not limit the generality of subsection (1)(a).

Section 97A: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

97B Detention of craft and people

(1)

The medical officer of health, a health protection officer, or a person acting under the written directions of the medical officer of health or a health protection officer, may direct that a craft and its passengers and crew be detained for inspection if—

(a)

the craft has arrived in New Zealand; and

(b)

it appears to the officer that, during the voyage of the craft,—

(i)

a person on it has died, or become ill, from a quarantinable disease; or

(ii)

death not attributable to poison or other measures for destruction has occurred among birds, insects, or rodents on the craft.

(2)

The medical officer of health or health protection officer must tell the person in charge of the airport or port concerned of any direction he or she gives under subsection (1); and that person must not allow the craft concerned to leave the airport or port until given written notice under section 97C of the lifting of the detention of the craft.

Section 97B: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

97C Lifting of detention of craft

The detention of a craft under section 97B ceases when the medical officer of health or a health protection officer gives the person in charge of the airport or port written notice to that effect.

Section 97C: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

97D Powers and duties of medical officer of health or health protection officer in relation to quarantinable diseases

(1)

If a craft arrives in New Zealand carrying a person to whom section 97(2) applies, the medical officer of health or a health protection officer may—

(a)

require the person to be examined:

(b)

require to be taken from the person any bodily sample the officer may reasonably require:

(c)

require to be taken from the craft or any thing in or on it any reasonable sample the officer may require:

(d)

require the captain of the craft to take or help take any steps that, in the opinion of the medical officer of health or health protection officer, are reasonably necessary—

(i)

to prevent the spread of infection by the person; or

(ii)

to destroy birds, insects, or rodents; or

(iii)

to remove or abate conditions on the craft likely to convey infection, including conditions that might facilitate the harbouring of vermin.

(2)

A person whom subsection (1) empowers the medical officer of health or a health protection officer to examine or take a sample from must allow the officer to examine him or her or (as the case requires) take the sample.

Section 97D: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

97E Surveillance of certain people liable to quarantine

(1)

This subsection applies to a person if—

(a)

section 97(2) applies to him or her; or

(b)

he or she is liable to quarantine and has been quarantined under section 70(1)(f).

(2)

A person to whom subsection (1) applies must (whether or not he or she is detained under subsection (3)(a) or kept under surveillance at large under subsection (3)(b)) give to the medical officer of health all information he or she reasonably requires to enable the management of risks to public health.

(3)

The medical officer of health or a health protection officer may cause a person to whom subsection (1) applies—

(a)

to be removed to a hospital or other suitable place and detained under surveillance until the medical officer of health or a health protection officer is satisfied that he or she—

(i)

is not infected with the disease concerned; or

(ii)

is not able to pass that disease on; or

(b)

to be kept under surveillance at large.

(4)

Detention under subsection (3)(a)—

(a)

must not continue for more than 28 days; and

(b)

must not continue for more than 14 days unless the medical officer of health or a health protection officer has considered the latest information available on the disease concerned, and is satisfied that the person is infected with it and still likely to be able to pass it on.

(5)

Before being placed under surveillance at large, a person must give an undertaking, in a form prescribed by regulations made under this Act, that he or she will report to the medical officer of health or a medical practitioner at the times and places required.

(6)

While kept under surveillance at large, a person must—

(a)

present himself or herself for and submit to any medical examination or testing required by the medical officer of health in whose district he or she may be:

(b)

give to the medical officer of health all information he or she reasonably requires to enable the management of risks to public health:

(c)

if instructed to do so by the medical officer of health, do either or both of the following:

(i)

report on arrival in any district to the medical officer of health or to a medical practitioner nominated by the medical officer of health:

(ii)

report in person daily or at stated intervals to the medical officer of health or a medical practitioner nominated by the medical officer of health:

(d)

if he or she leaves for another place, tell the medical officer of health, or the medical practitioner nominated by the medical officer of health, and give details of the address to which he or she is going.

Section 97E: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

97F Children and people under disability

Every person who has the custody or charge of a child or the role of providing day-to-day care for a child, or has charge of a person who is under disability,—

(a)

must comply with every direction, requirement, or condition given, made, or imposed in respect of the child or person under disability under any of sections 97A to 97E; and

(b)

must give in respect of the child or person under disability all information required under any of those sections.

Section 97F: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

97G Offences against this Part

Every person who fails or refuses to comply with any of sections 97A(1), 97A(2), 97B(2), 97D(2), 97E(5), 97E(6), or 97F commits an offence against this Act

Section 97G: inserted, on 19 December 2006, by section 10(1) of the Health Amendment Act 2006 (2006 No 86).

98 Continuance of liability to quarantine

(1)

Every ship or aircraft liable to quarantine shall continue to be so liable until pratique is granted.

(2)

Every person liable to quarantine shall continue to be so liable until he is released from quarantine pursuant to regulations made under this Act.

Compare: 1920 No 45 s 103; 1940 No 17 s 11

99 Restrictions applying while ship liable to quarantine

(1)

Subject to the provisions of any regulations made under this Act, while any ship is liable to quarantine it shall not be lawful, except in the case of urgent necessity due to a marine casualty or other like emergency, or except with the authority of the medical officer of health or health protection officer,—

(a)

for the master, pilot, or other officer in charge of the navigation of that ship to bring that ship or allow that ship to be brought to any wharf or other landing place; or

(b)

for any person to go on board that ship, except the medical officer of health or health protection officer, and the assistants of any such officer, or a pilot, or an officer of Customs, or a constable, or an officer appointed or authorised under the Immigration Act 2009, or an inspector appointed under section 15 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995; or

(c)

for any person to leave that ship, except the persons specified in paragraph (b); or

(d)

for any goods, mails, or other articles whatsoever to be landed or transhipped from that ship; or

(e)

for any boat, launch, or vessel, other than one in the service of the Police or the Ministry of Health, to be brought within 50 metres of that ship.

(2)

Any authority given by the medical officer of health or health protection officer under this section may be given subject to such exceptions and conditions as that officer thinks fit, and may be revoked by that officer at any time.

Section 99: replaced, on 1 July 1993, by section 28(1) of the Health Amendment Act 1993 (1993 No 24).

Section 99(1)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 99(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 99(1)(b): amended, on 1 July 1995, pursuant to section 4(1)(a) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31).

100 Quarantine signal for ships

The master of every ship liable to quarantine shall cause the prescribed quarantine signal to be hoisted at the mainmast head of his ship before she comes within 1 league of any port at which she is about to call, and shall cause the signal to be kept so hoisted until pratique is granted.

Compare: 1920 No 45 s 105

101 Inspection of ship or aircraft liable to quarantine

(1)

Subject to the provisions of any regulations made under this Act, the medical officer of health or health protection officer, before granting pratique to any ship liable to quarantine, shall board that ship and inspect it for the purpose of ascertaining whether any infectious disease exists on the ship.

(2)

Subject to the provisions of any regulations made under this Act, the medical officer of health or health protection officer may board any aircraft liable to quarantine and inspect it.

(3)

Subject to the provisions of any regulations made under this Act, the medical officer of health may examine any person who arrives by any such aircraft and who is suffering from any infectious disease, or is believed or suspected by him, on reasonable grounds, to be suffering from any quarantinable disease or to have been exposed to the infection of a quarantinable disease during such period as may be prescribed by any such regulations.

(4)

In respect of any such ship, aircraft, or person, the medical officer of health or health protection officer shall have for the purposes of this section such powers and duties as may be prescribed by regulations made under this Act.

(5)

Every person to whom this section applies shall, when required to do so, present himself before the medical officer of health and submit himself to such examination.

(6)

The master of every such ship, and the pilot in command of every such aircraft, shall facilitate, by all reasonable means, the boarding of the ship or aircraft by the medical officer of health or health protection officer and the exercise of his powers and duties under this section.

Section 101: replaced, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 101(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 101(2): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 101(4): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 101(6): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

102 Ship’s declaration of health

(1)

The master of any ship that is on its way to New Zealand from any port beyond New Zealand shall, before the ship arrives in New Zealand, ascertain the state of health of each person on board.

(2)

On arriving in New Zealand, the master shall complete and deliver to the medical officer of health or the health protection officer a maritime declaration in the prescribed form.

(3)

The form shall be countersigned by the ship’s medical officer (if there is one).

(4)

The master, and the medical officer (if there is one), shall from time to time supply to the medical officer of health, or to any person acting under the authority of that officer, any further information required by the medical officer of health or the health protection officer relating to the state of health of any person who was on board the ship on its arrival in New Zealand.

(5)

The master or the medical officer commits an offence and is liable on conviction to a fine not exceeding $1,000 if the master or medical officer—

(a)

refuses, or fails without reasonable excuse, to comply with any of the preceding provisions of this section; or

(b)

gives to the medical officer of health, or to any person acting under the authority of that officer, any declaration, answer, or information that the master or medical officer knows to be false or misleading.

(6)

The master or medical officer, or any other person, commits an offence and is liable on conviction to a fine not exceeding $2,000 if the master, medical officer, or other person deceives or attempts to deceive the medical officer of health, or any person acting under the authority of that officer, in respect of any matter with intent—

(a)

to obtain pratique; or

(b)

to influence in any other respect the exercise by or on behalf of the medical officer of health of any authority conferred on that officer by this Part.

Section 102: replaced, on 26 July 1988, by section 7(1) of the Health Amendment Act 1988 (1988 No 99).

Section 102(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 102(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

103 Aircraft declaration
[Repealed]

Section 103: repealed, on 23 March 1987, by section 14 of the Health Amendment Act 1987 (1987 No 10).

104 Offences under last 2 preceding sections
[Repealed]

Section 104: repealed, on 26 July 1988, by section 7(2)(a) of the Health Amendment Act 1988 (1988 No 99).

105 Ship arriving from infected place

The master of any ship that arrives at any port from any infected place within New Zealand shall not suffer or permit the ship to be moored or berthed at any place except a place of inspection, unless he is otherwise instructed by the medical officer of health or health protection officer.

Compare: 1920 No 45 s 108

Section 105: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 105: amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

106 Ship with quarantinable disease on board

Where any ship arrives at any port in New Zealand from any other port in New Zealand (not being an infected place), and there is on board the ship any person suffering from any quarantinable disease or any disease reasonably believed or suspected to be a quarantinable disease, the master shall not suffer or permit the ship to be moored or berthed at any place except a place of inspection, unless he is otherwise instructed by the medical officer of health or health protection officer.

Compare: 1920 No 45 s 109

Section 106: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 106: amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

107 Grant of pratique

(1)

Subject to the provisions of any regulations made under this Act, when the medical officer of health or health protection officer is satisfied, with respect to any ship liable to quarantine, that no quarantinable disease exists on board the ship, he shall give to the master of the ship a certificate of pratique in the prescribed form.

(2)

Subject to the provisions of any regulations made under this Act, when the medical officer of health or health protection officer is satisfied, with respect to any aircraft liable to quarantine, that no quarantinable disease exists on board the aircraft, he shall give to the pilot in command of the aircraft a certificate of pratique in the prescribed form.

Compare: 1920 No 45 s 110; 1940 No 17 s 11

Section 107(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 107(1): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 107(2): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 107(2): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

108 Persons suffering from quarantinable disease

If any person on board any ship, or arriving by any aircraft, is found to be suffering from any quarantinable disease, or is believed or suspected by the medical officer of health or health protection officer, on reasonable grounds, to be suffering from any such disease, or to have been so recently exposed to the infection of any such disease that he may suffer therefrom in consequence, the medical officer of health or health protection officer may do all such things and give all such directions in respect of that person as may be prescribed by regulations made under this Act.

Section 108: replaced, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 108: amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

109 Infected baggage, cargo, or stores

(1)

If the medical officer of health or a health protection officer believes that a quarantinable disease is likely to be spread by any baggage, bedding, cargo, clothing, drink, equipment, food, linen, luggage, stores, water, or other substance or thing that is on or has been removed from a craft, he or she may do any thing, and give any directions, in respect of it prescribed by regulations under this Act.

(2)

Subsection (1) does not empower the medical officer of health or a health protection officer to enter a private dwellinghouse.

(3)

A person who fails to comply with a direction under subsection (1)—

(a)

commits an offence against this Act; and

(b)

is liable on conviction to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.

Section 109: replaced, on 19 December 2006, by section 11 of the Health Amendment Act 2006 (2006 No 86).

Section 109(3)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

110 Disinfection and fumigation of craft

(1)

The medical officer of health or a health protection officer may, if he or she believes that a craft is in an insanitary condition or in a condition favourable to the outbreak or spread of an infectious disease, sign and give to the master or pilot a written order requiring the craft to be cleansed, fumigated, disinfected, or treated, in a manner, within a time, and at a place stated in the order.

(2)

The order may be given whether or not the craft is liable to quarantine.

(3)

If the order is not complied with,—

(a)

the master or pilot commits an offence, and is liable on conviction to a fine not exceeding $10,000; and

(b)

the medical officer of health or a health protection officer may have the craft cleansed, fumigated, disinfected, or treated (whether in accordance with the order or otherwise).

(4)

All expenses incurred by the Crown in acting under subsection (3)(b) are recoverable from the owner or agents of the craft as a debt due to the Crown.

(5)

No action taken in respect of a craft under paragraph (b) of subsection (3) limits the liability of its master or pilot under paragraph (a) of that subsection.

(6)

Regulations made under this Act may give the medical officer of health and health protection officers powers in respect of the destruction of birds, rodents, or insects on ships.

(7)

Subsection (6) does not limit the general powers given by this section.

Section 110: replaced, on 19 December 2006, by section 11 of the Health Amendment Act 2006 (2006 No 86).

Section 110(3)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

111 Power to board any ship and inspect

(1)

The medical officer of health or health protection officer or any officer of the Ministry of Health or any person acting under the authority of a medical officer of health or a health protection officer may at any time board any ship in any port and enter and inspect any part of the ship, and inspect all animals and goods on board the ship, and the passenger list, and, with the prior authority of the Director-General, inspect the logbook and other ship’s papers.

(2)

Where the medical officer of health boards any ship under this section he may require any person on board the ship who in his opinion may be suffering from any infectious disease to submit to any prescribed examination, and that person shall submit to such examination accordingly.

Compare: 1920 No 45 s 129

Section 111(1): replaced, on 1 July 1993, by section 30(1) of the Health Amendment Act 1993 (1993 No 24).

Section 111(2): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

112 Offences

(1)

The master of any ship who permits any person liable to quarantine to leave that ship without the authority of the medical officer of health or health protection officer commits an offence and is liable, on conviction before a District Court Judge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or to both.

(2)

Every person on any ship who, being liable to quarantine, leaves the ship without the authority of the medical officer of health or health protection officer commits an offence and is liable on conviction before a District Court Judge to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000 or to both. Every person who commits an offence against this subsection may be arrested without warrant by any constable, or by the medical officer of health or any person authorised by him in that behalf, and may be taken in custody to the ship or to any hospital or place of isolation, and may be detained until he is released from quarantine pursuant to section 98.

(3)

Every person arriving by any aircraft who, being liable to quarantine, leaves the aerodrome, or that part of the aerodrome in which passengers are lawfully detained pending the granting of pratique, or any place where he is lawfully detained pending his release from quarantine, without the authority of the medical officer of health commits an offence and is liable, on conviction before a District Court Judge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or to both. Every person who commits an offence against this subsection may be arrested without warrant by any constable, or by the medical officer of health or any person authorised by him in that behalf, and may be taken in custody to that aerodrome or place or to any hospital or place of isolation, and may be detained there until he is released from quarantine pursuant to section 98.

(4)

Every person commits an offence against this Act who contravenes or fails to comply in any respect with any provision of this Part or with any requirement or direction of the medical officer of health or health protection officer pursuant to any such provision.

Compare: 1920 No 45 ss 117, 118, 131; 1940 No 17 s 11

Section 112(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 112(1): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 112(1): amended, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 112(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 112(1): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

Section 112(2): replaced, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 112(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 112(2): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

Section 112(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 112(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 112(3): amended, on 30 November 1979, by section 9 of the Health Amendment Act 1979 (1979 No 64).

Section 112(4): replaced, on 1 April 1983, by section 4(2) of the Health Amendment Act 1982 (1982 No 34).

Section 112(4): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).

112AA Sections 70 and 71 and this Part operate independently

The powers conferred by sections 70 and 71 and the powers conferred by this Part may be used in respect of the same situation; and—

(a)

nothing in section 70 or 71 limits or affects the powers conferred by this Part; and

(b)

nothing in this Part limits or affects the powers conferred by section 70 or 71.

Section 112AA: inserted, on 19 December 2006, by section 12 of the Health Amendment Act 2006 (2006 No 86).

Part 4A National Cervical Screening Programme

Part 4A: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112A Purpose

The purpose of this Part is—

(a)

to reduce the incidence and mortality rate of cervical cancer by providing for the continuation of the NCSP; and

(b)

to facilitate the operation and evaluation of that national cervical screening programme by—

(i)

enabling access to information and specimens by the persons operating the programme; and

(ii)

enabling access to information and specimens by screening programme evaluators appointed to evaluate that programme.

Section 112A: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112B Interpretation

In this Part, unless the context otherwise requires,—

cancer has the meaning set out in section 2 of the Cancer Registry Act 1993

cancer registry means the cancer registry maintained under the Cancer Registry Act 1993

cervical cancer means any cancer of the cervix

diagnostic test means a test taken to determine or confirm the presence of cancer, or a precursor to cancer, in a woman’s cervix, and may include—

(a)

a colposcopic procedure:

(b)

an examination of a histological specimen taken from the woman

evaluate has the meaning set out in section 112T(1)

evaluation material means any information about, and any specimen taken from, an identifiable individual that was obtained by a screening programme evaluator under this Part

health information has the meaning set out in paragraphs (a) and (c) of the definition of that term in section 22B

health practitioner has the meaning set out in section 5 of the Health Practitioners Competence Assurance Act 2003

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

NCSP means the programme that, at the date of commencement of this section, is operated by the Ministry of Health and known as the National Cervical Screening Programme

NCSP manager means—

(a)

the person appointed under section 112C(3) as the NCSP manager; or

(b)

if no person has been appointed as the NCSP manager, the Director-General

NCSP register means the National Cervical Screening Programme register maintained by the persons appointed under section 112C

relevant woman, for the purposes of sections 112X, 112ZB, 112ZC, and 112ZD, has the meaning set out in section 112X(1)

review committee means an NCSP review committee established under section 112O

screening programme evaluator means a person designated as a screening programme evaluator under section 112U(1)

screening test means a routine test, such as a cervical smear test, designed to identify women who may have cervical cancer or a precursor to cervical cancer

specimen means a bodily sample or tissue sample taken from a woman for the purpose of a screening test or a diagnostic test, and includes cervical cytology and histology slides and blocks.

Section 112B: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Operation of NCSP

Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112C Appointment of persons to operate NCSP

(1)

All persons appointed to operate the NCSP, and to perform functions in relation to the operation of that programme, must be appointed under section 59 of the State Sector Act 1988, unless it is not reasonably practicable to do so.

(2)

If the Director-General wishes to appoint a particular person to perform particular functions in relation to the operation of the NCSP, and it is not reasonably practicable to appoint that person under section 59 of the State Sector Act 1988, the Director-General may appoint that person to perform those functions under this subsection.

(3)

The Director-General may appoint, either under section 59 of the State Sector Act 1988 or under subsection (2), 1 person to be the manager of the NCSP.

(4)

The NCSP manager may direct a person appointed under section 59 of the State Sector Act 1988 or under subsection (2) in relation to the performance of that person’s functions, and that person must comply with the NCSP manager’s direction.

(5)

The Director-General may direct the NCSP manager in relation to the performance of the NCSP manager’s functions, and the NCSP manager must comply with the Director-General’s direction.

Section 112C: inserted, on 1 July 2004, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112D Objectives of NCSP

The objectives of the NCSP are to—

(a)

promote high quality cervical screening, assessment, and treatment services, while recognising and managing the differences between the various types of cervical cancer, with a view to reducing the incidence and mortality rate of cervical cancer; and

(b)

inform women and the community of the risks, benefits, and expected population health gains from participation in the NCSP; and

(c)

promote the regular recall of women who are enrolled in the NCSP for screening tests; and

(d)

facilitate continuous quality improvement by allowing and performing regular evaluations of the NCSP; and

(e)

ensure that information that is collected for the purposes of the NCSP is—

(i)

available, in a reliable, accurate, and timely manner, to persons authorised under this Part, or any other enactment, to have access to it; and

(ii)

safely stored, including on the NCSP register; and

(f)

provide information to women about the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations.

Section 112D: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112E Enrolment in NCSP

(1)

The NCSP manager must enrol in the NCSP every woman who—

(a)

has a screening test, the result of which is reported to the NCSP; or

(b)

undergoes a colposcopic procedure, the result of which is reported to the NCSP.

(2)

The NCSP manager may, at his or her discretion, enrol in the NCSP a woman who undergoes a surgical procedure during which a histological specimen is taken that includes a cervical component if the results of an analysis of that specimen are reported to the NCSP.

(3)

Subsections (1) and (2) do not apply if the woman to whom the results relate—

(a)

is already enrolled in the NCSP; or

(b)

has cancelled her enrolment in the NCSP; or

(c)

has notified the NCSP manager, under section 112G(2), that she does not wish to be enrolled in the NCSP.

Section 112E: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112F Duties of NCSP manager that relate to enrolled women

(1)

As soon as practicable after enrolling a woman in the NCSP, the NCSP manager must—

(a)

notify the woman that she has been enrolled in the NCSP; and

(b)

provide information to the woman about—

(i)

the importance of having regular screening tests; and

(ii)

the risks and benefits of participation in the NCSP; and

(iii)

who has access to information on the NCSP register, and the uses to which that information may be put; and

(iv)

the objectives of the NCSP, including that of continuous quality improvement through evaluation; and

(v)

the possible use by screening programme evaluators of evaluation material relevant to the woman for the purpose of evaluations of the NCSP; and

(c)

advise the woman that she may cancel her enrolment by advising the NCSP manager under section 112G(1).

(2)

The NCSP manager must record on the NCSP register every result that is reported to the NCSP manager from a screening test, or from a diagnostic test, if that result relates to a woman who is enrolled in the NCSP.

Section 112F: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112G Procedure to prevent or cancel enrolment in NCSP

(1)

A woman who is enrolled in the NCSP may, at any time, cancel that enrolment by advising the NCSP manager in the manner and form specified by the NCSP manager.

(2)

A woman who is not enrolled in the NCSP, and who does not wish to be enrolled, may, at any time, notify the NCSP that she does not wish to be enrolled.

(3)

A notification under subsection (2) must—

(a)

be in the manner and form specified by the NCSP manager; and

(b)

include information that will enable the NCSP manager, in the future, to identify the woman as a woman who must not be enrolled in the NCSP (which information may be kept on the NCSP register and used by the NCSP manager for that purpose).

Section 112G: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112H Duties of NCSP manager when women cancel enrolment in NCSP

(1)

If a woman cancels her enrolment in the NCSP under section 112G(1), or notifies the NCSP manager that she does not wish to be enrolled under section 112G(2), the NCSP manager must—

(a)

send a notice to the woman confirming that her enrolment in the NCSP has been cancelled or, as the case requires, that she will not be enrolled; and

(b)

delete any information that relates to that woman from the current NCSP register; and

(c)

dispose of any information that is held by the NCSP manager in hard copy format and that relates to that woman by either—

(i)

returning it to her; or

(ii)

destroying it (if she requests that it be destroyed); and

(d)

while that woman is not enrolled in the NCSP,—

(i)

ensure that no information that is provided to the NCSP and that relates to that woman is included on the NCSP register; and

(ii)

return or destroy any information that is provided to the NCSP and that relates to that woman.

(2)

Subsection (1) does not apply to information that the NCSP manager determines it is necessary to keep for the purpose of identifying the woman as a woman whose results must not be entered on the NCSP register, such as, for example, her name, address, date of birth, and national health index number, but the information that is retained must be no more than is required for that purpose.

(3)

Despite subsection (1)(c), the NCSP manager may retain information that relates to a woman who cancels her enrolment in the NCSP if that information—

(a)

is in hard copy format; and

(b)

was received before the date of commencement of this section.

(4)

To avoid any doubt, subsection (1) overrides the Health (Retention of Health Information) Regulations 1996 (SR 1996/343).

Section 112H: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112I Procedure to re-enrol in NCSP

(1)

A woman who has cancelled her enrolment in the NCSP may re-enrol, at any time, by advising the NCSP manager in the manner and form specified by the NCSP manager.

(2)

A woman who has notified the NCSP manager, under section 112G(2), that she does not wish to be enrolled in the NCSP may cancel that notification and enrol in the NCSP, at any time, by advising the NCSP manager in the manner and form specified by the NCSP manager.

Section 112I: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112J Certain information held by NCSP must not be disclosed

(1)

No person may disclose information from the NCSP register, or information that is held by the NCSP as a result of an evaluation, if that information identifies a woman unless that information is disclosed—

(a)

with the consent of the woman or her personal representative; or

(b)

to a screening programme evaluator under section 112X(2)(a); or

(c)

to a review committee, in accordance with a request from that committee under section 112Q(1); or

(d)

to a health practitioner who has been engaged by, or on behalf of, the woman, and the information is disclosed for the purpose of assisting that health practitioner to provide health services to that woman; or

(e)

for the purpose of enabling results from a screening test or a diagnostic test to be followed up; or

(f)

for the purpose of enabling notices related to the NCSP to be sent to women who are enrolled in the NCSP, including reminder notices to women who are due for another screening test; or

(g)

for the purpose of giving access to the NCSP register, in accordance with regulations made under section 112ZF(1)(a), to persons researching cancer; or

(h)

subject to any regulations made under section 112ZF(1)(b), for the purpose of enabling the compilation and publication of statistics that do not enable the identification of the women to whom those statistics relate.

(2)

Despite subsection (1), a screening programme evaluator may disclose information in accordance with section 112Y(2)(a) to (d).

Section 112J: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112K Delegation of functions and powers

(1)

The Director-General may, in writing, delegate to the NCSP manager any of his or her functions or powers under sections 112M(2)(b) and (c), 112N(2)(b) and (c), 112ZB(2), 112ZC(2), and 112ZD(2), on any conditions that the Director-General thinks fit.

(2)

The NCSP manager may, in writing, delegate to any person any of his or her functions or powers under this Part, on any conditions that the NCSP manager thinks fit, except—

(a)

any power or function delegated to the NCSP manager by the Director-General; and

(b)

this power of delegation.

(3)

Subject to any general or special directions given or conditions attached by the NCSP manager or the Director-General, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly under this Part and not by delegation.

(4)

Any delegation under subsection (2) may be made to a specified person or to the holder or holders for the time being of a specified office or specified class of offices.

(5)

Every person who purports to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

(6)

A delegation under this section—

(a)

is revocable, in writing, at will; and

(b)

continues in force until it is revoked, even if the NCSP manager or Director-General by whom it was made ceases to hold office, and continues to have effect as if made by his or her successor in that office.

(7)

A delegation under this section does not affect or prevent the performance or exercise of any function or power by the delegator, and does not affect the responsibility of the delegator for the actions of any person acting under that delegation.

(8)

Subsection (1) does not limit the Director-General’s power to delegate any of his or her functions under this Part in accordance with section 41 of the State Sector Act 1988.

Section 112K: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Duties to provide information to women and to NCSP

Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112L Duties of persons taking specimens for screening tests

(1)

Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is that woman’s first screening test in New Zealand, must—

(a)

explain the procedure and provide information about the importance of having regular screening tests, the objectives of the NCSP, the risks and benefits of participation in the NCSP, who has access to information on the NCSP register, and the uses to which that information may be put; and

(b)

advise the woman that she will be enrolled in the NCSP, but that she may prevent or cancel that enrolment by advising the NCSP manager under section 112G.

(2)

Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is not that woman’s first screening test in New Zealand, must provide that woman with information about the procedure and about the NCSP to the extent that is reasonable in the circumstances.

(3)

Subsections (1) and (2) do not limit any other obligation to provide information that arises under any other enactment or rule of law.

Section 112L: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112M Duty of persons performing colposcopic procedure

(1)

Every person who performs a colposcopic procedure on a woman must—

(a)

explain the procedure to the woman; and

(b)

provide information, to the extent that is reasonable in the circumstances, about the objectives of the NCSP and the NCSP register, the importance of having regular screening tests, who has access to information on the NCSP register, and the uses to which that information may be put; and

(c)

if he or she believes that the woman is not enrolled in the NCSP, advise her that she will be enrolled but that she may prevent or cancel that enrolment by notifying the NCSP manager under section 112G; and

(d)

cause a report in relation to that colposcopic procedure to be forwarded to the NCSP manager.

(2)

A report under subsection (1)(d) must—

(a)

be provided free of charge; and

(b)

contain the information specified by the Director-General; and

(c)

be provided in the manner and form specified by the Director-General.

Section 112M: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112N Duty of laboratories where specimens are analysed

(1)

The person in charge of a laboratory where a specimen is analysed must cause a report in relation to that specimen to be forwarded to the NCSP manager if—

(a)

the specimen was obtained for the purpose of a screening test; or

(b)

the specimen was obtained for the purpose of a diagnostic test; or

(c)

the specimen—

(i)

was obtained during a surgical procedure; and

(ii)

includes a cervical component.

(2)

A report under subsection (1) must—

(a)

be provided free of charge; and

(b)

contain the information specified by the Director-General; and

(c)

be provided in the manner and form specified by the Director-General.

Section 112N: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Review of NCSP and duty of Director-General to report

Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112O Establishment of NCSP review committee

(1)

The Minister may from time to time, and must at least once every 3 years, establish a review committee of up to 3 persons to review—

(a)

the operation of the NCSP; and

(b)

evaluation activities of the kind described in section 112T that have been carried out or are proposed to be carried out.

(2)

The focus of a review committee must be the continuous quality improvement of components of the NCSP, with a view to reducing the incidence and mortality rates of cervical cancer.

(3)

No person appointed to a review committee may be—

(a)

a member of Parliament; or

(b)

an officer or employee of the Ministry of Health; or

(c)

a person who is, or has been, designated under section 112U as a screening programme evaluator; or

(d)

a person who would have a material conflict of interest if appointed.

(4)

In order to facilitate the review being carried out in a timely and efficient manner, the Minister must appoint persons who collectively have an appropriate balance of skills and knowledge, including knowledge of cervical screening.

(5)

The Minister may appoint persons to the review committee—

(a)

on terms and conditions as to remuneration and other benefits that are in accordance with the appropriate fees framework determined by the Government for statutory and other bodies; and

(b)

on any other terms and conditions that the Minister considers appropriate.

Section 112O: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112P Work of review committee

(1)

Before beginning its review, the review committee must prepare a review plan.

(2)

In preparing its review plan, the review committee must—

(a)

ensure that the plan—

(i)

applies the focus referred to in section 112O(2); and

(ii)

takes into account the need for timeliness in the completion of the review; and

(b)

consult with interested parties about any significant issues that may warrant review, in relation to the operation of the NCSP or evaluation activities that have been, or are proposed to be, carried out; and

(c)

following that consultation, determine—

(i)

which issues are to be reviewed; and

(ii)

the expected date of completion of the review; and

(d)

provide the review plan to the Minister for comment, and fully take into account any comments made by the Minister before finalising that plan.

(3)

After finalising the review plan, the review committee must conduct the review in accordance with that plan.

(4)

When making any recommendations resulting from its review, the review committee must take into account—

(a)

the objectives of the NCSP; and

(b)

the need for fiscal responsibility.

(5)

The review committee may, subject to any written direction by the Minister, regulate its own procedure.

Section 112P: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112Q Review committee’s access to information

(1)

For the purposes of carrying out its review, a review committee may request any information held by the NCSP that is directly relevant to the subject matter of its review.

(2)

The NCSP manager must provide to a review committee any information held by the NCSP that is requested by that review committee under subsection (1).

(3)

To avoid doubt, the confidentiality obligations set out in section 112J apply to members of a review committee.

Section 112Q: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112R Report by review committee

(1)

The review committee must—

(a)

set out in a report—

(i)

the details of its review; and

(ii)

the conclusions it has reached; and

(iii)

the recommendations (if any) it makes as a result of that review; and

(b)

submit that report to the Minister as soon as reasonably practicable after it is completed.

(2)

The Minister must present the report to the House of Representatives not later than 10 sitting days after the date on which the Minister receives the report from the committee, and, following that presentation, must make the report publicly available.

Section 112R: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112S Duty of Director-General to report

The Director-General must, from time to time, provide information to the public on the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations.

Section 112S: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

Screening programme evaluators

Heading: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112T Meaning of evaluate

(1)

For the purposes of this Part, evaluate means to monitor and assess the service delivery and outcomes of the NCSP so as to promote the fulfilment of its objectives by determining whether there are any systemic issues to address within the programme or quality improvements that may be made to it.

(2)

An evaluation may, from time to time, include a review of, and an investigation into, the cases of—

(a)

any woman who is enrolled in the NCSP (whether or not she has developed any cervical cancer); and

(b)

any woman who has developed any cervical cancer (whether or not she is enrolled in the NCSP); and

(c)

any deceased persons to whom paragraph (a) or paragraph (b) applied at the time of death.

Section 112T: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112U Director-General may designate screening programme evaluators

(1)

The Director-General may, at any time and entirely at his or her discretion, designate 1 or more persons as screening programme evaluators on whatever terms and conditions the Director-General considers appropriate.

(2)

The Director-General must specify the particular evaluation functions to be performed by each person whom he or she designates as a screening programme evaluator.

(3)

The Director-General may limit the type of information that a person who is designated as a screening programme evaluator may have access to under this Part in accordance with the evaluation functions to be performed by that person.

Section 112U: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).

112V Criteria for designating employees of Ministry