New Zealand Legislation: Acts

10 New sections 97 to 97G substituted

• (1) Section 97 is repealed and the following sections are substituted:

  “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.

  “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).

  “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.

  “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.

  “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.

  “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.

  “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.

  “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”.

  (2) The Health (Quarantine) Regulations 1983 are consequentially amended by—

  • (a) omitting from regulation 22(2) “subclause (1) of this regulation” and substituting “section 97B(1) of the Act”; and

  • (b) revoking regulations 23 to 26, and subclauses (1) and (3) of regulation 22.