New Zealand Legislation: Acts

11 New sections 109 and 110 substituted

• Sections 109 and 110 are repealed and the following sections are substituted:

  “109 Infected baggage, cargo, or stores

  • “(1) If the Medical Officer of Health or a Health Protection Officer believes that a quarantinable disease is likely to be spread by any baggage, bedding, cargo, clothing, drink, equipment, food, linen, luggage, stores, water, or other substance or thing that is on or has been removed from a craft, he or she may do any thing, and give any directions, in respect of it prescribed by regulations under this Act.

    “(2) Subsection (1) does not empower the Medical Officer of Health or a Health Protection Officer to enter a private dwellinghouse.

    “(3) A person who fails to comply with a direction under subsection (1)—

    • “(a) commits an offence against this Act; and

    • “(b) is liable to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.

  “110 Disinfection and fumigation of craft

  • “(1) The Medical Officer of Health or a Health Protection Officer may, if he or she believes that a craft is in an insanitary condition or in a condition favourable to the outbreak or spread of an infectious disease, sign and give to the master or pilot a written order requiring the craft to be cleansed, fumigated, disinfected, or treated, in a manner, within a time, and at a place stated in the order.

    “(2) The order may be given whether or not the craft is liable to quarantine.

    “(3) If the order is not complied with,—

    • “(a) the master or pilot commits an offence, and is liable to a fine not exceeding $10,000; and

    • “(b) the Medical Officer of Health or a Health Protection Officer may have the craft cleansed, fumigated, disinfected, or treated (whether in accordance with the order or otherwise).

    “(4) All expenses incurred by the Crown in acting under subsection (3)(b) are recoverable from the owner or agents of the craft as a debt due to the Crown.

    “(5) No action taken in respect of a craft under paragraph (b) of subsection (3) limits the liability of its master or pilot under paragraph (a) of that subsection.

    “(6) Regulations made under this Act may give the Medical Officer of Health and Health Protection Officers powers in respect of the destruction of birds, rodents, or insects on ships.

    “(7) Subsection (6) does not limit the general powers given by this section.”