New Zealand Legislation: Acts

9 New sections 74B to 74D inserted

• The following sections are inserted before section 75:

  “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.

  “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.

  “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.”