Health Amendment Act 2006

5 Special powers of Medical Officer of Health
  • (1) Section 70(1) is amended by inserting or while an epidemic notice is in force after the Civil Defence Emergency Management Act 2002.

    (2) Section 70(1) is amended by inserting the following paragraph after paragraph (e):

    • (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:.

    (3) Section 70(1)(f) is amended by omitting ships, animals, and things and substituting ships, vehicles, aircraft, animals, or things.

    (4) Section 70(1) is amended by inserting the following paragraph after paragraph (f):

    • (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:.

    (5) Paragraphs (g) and (i) of section 70(1) are amended by omitting ships, animals, or things and substituting ships, vehicles, aircraft, animals, or things.

    (6) Section 70(1)(h) is amended by omitting Forbid persons to leave and substituting require people to remain in.

    (7) Section 70(1) is amended by repealing paragraphs (m) to (o) and substituting paragraphs;

    • (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.

    (8) Section 70 is amended by inserting the following subsections after subsection (1):

    • (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.

    (9) Section 70 is amended by adding the following subsection:

    • (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.