Epidemic Preparedness Act 2006

Prospective modification of statutory requirements and restrictions

11 Prospective modification of statutory requirements and restrictions to facilitate management of serious outbreaks of disease

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister of Health, modify (with prospective effect as stated in section 13) any requirement or restriction imposed by any enactment administered by the Ministry of Health.

(2)

The Minister of Health must not recommend the making of an order except on a written recommendation of the Director-General of Health, stating that, in the Director-General’s opinion, the modifications it makes are likely to be necessary to enable the effective management of serious outbreaks of diseases affecting people or their effects (or both).

(3)

A modification of a requirement or restriction—

(a)

may be absolute or subject to conditions; and

(b)

may be made—

(i)

by stating alternative means of complying with the requirement or restriction; or

(ii)

by substituting a discretionary power for the requirement or restriction.

(4)

Subsection (3) does not limit subsection (1).