New Zealand Legislation: Acts

7 New sections 71A and 72 substituted

• Section 72 is repealed and the following sections are substituted:

  “71A Power of members of police to assist Medical Officer of Health in relation to infectious diseases

  • “(1) A member of the police 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 member of the police 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 member of the police 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) Subsections (2) to (6) of section 314B, and sections 314C and 314D, of the Crimes Act 1961, with any necessary modifications, apply to the powers conferred by subsection (2)(c)—

    • “(a) as if they were a statutory search power within the meaning of section 314A of that Act; but

    • “(b) as if a ship or taxiing aircraft were a vehicle.

    “(6) A member of the police 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.

  “72 Offences relating to obstructing Medical Officer of Health or people assisting Medical Officer of Health

  • A person commits an offence and is liable 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 member of the police acting under section 71 A; 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.”