Health (Immunisation) Regulations 1995

Reprint
as at 29 November 2012

Coat of Arms of New Zealand

Health (Immunisation) Regulations 1995

(SR 1995/304)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 18th day of December 1995

Present:
The Right Hon J B Bolger presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Health.


Pursuant to section 117 of the Health Act 1956, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Health (Immunisation) Regulations 1995.

    (2) These regulations shall come into force on 1 June 1996.

2 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    caregiver, in relation to a child, means—

    • (a) a parent or guardian of the child; or

    • (b) a step-parent of the child, but only if the step-parent shares responsibility for the day-to-day care of the child with a parent of the child; or

    • (c) a person who for the time being has the care of the child

    centre employee, in relation to an early childhood education and care centre, includes any person concerned in the operation or management of the centre

    child means a boy or girl under the age of 14 years

    controlling authority,—

    • (a) in relation to an early childhood education and care centre, means the licensee or licensees of that centre:

    • (b) in relation to a primary school, means—

      • (i) in the case of a primary school registered or deemed to be registered (including conditionally registered) under section 35A of the Education Act 1989, the managers of that school:

      • (ii) in the case of any other school, the Board of Trustees of that school constituted under Part 9 of the Education Act 1989

    duly completed immunisation certificate, in relation to a child, means an immunisation certificate that has been completed in respect of that child and that is signed by a vaccinator

    early childhood education and care centre or centre means an early childhood education and care centre within the meaning of section 309 of the Education Act 1989

    immunisation certificate or certificate means a certificate in the form for the time being prescribed by the Director-General under regulation 11

    immunisation register or register means a register maintained pursuant to regulation 8 or regulation 9

    National Immunisation Schedule means the schedule known as the National Immunisation Schedule administered by Pharmac, being a schedule specifying a programme of vaccinations to promote immunity against the diseases specified in the schedule

    Pharmac means the Pharmaceutical Management Agency established by section 46 of the New Zealand Public Health and Disability Act 2000

    primary school or school means—

    • (a) a school established or deemed to have been established under section 146 of the Education Act 1989 as a primary school:

    • (b) a school registered or deemed to be registered (including conditionally registered) under section 35A of the Education Act 1989 as a primary school:

    • (c) an integrated school (within the meaning of section 2(1) of the Private Schools Conditional Integration Act 1975) that is a primary school

    primary school employee, in relation to a primary school, includes any person concerned in the operation or management of the school

    relevant child means a child born on or after 1 January 1995

    vaccinator means any medical practitioner or other person who may lawfully administer to any child the vaccinations required to promote immunity against the diseases for the time being specified in the National Immunisation Schedule.

    (2) Where any expression used in these regulations is not defined in these regulations but is defined in the Health Act 1956, that expression shall, unless the context otherwise requires, have, in these regulations, the meaning given to it in that Act.

    Regulation 2(1) caregiver: substituted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Regulation 2(1) centre employee: amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 2(1) controlling authority paragraph (a): amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 2(1) early childhood centre or centre: revoked, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 2(1) early childhood education and care centre or centre: inserted, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 2(1) National Immunisation Schedule: amended, on 29 November 2012, by regulation 4(1) of the Health (Immunisation) Amendment Regulations 2012 (SR 2012/328).

    Regulation 2(1) parent: revoked, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Regulation 2(1) Pharmac: inserted, on 29 November 2012, by regulation 4(2) of the Health (Immunisation) Amendment Regulations 2012 (SR 2012/328).

3 Purposes of these regulations
  • The purposes of these regulations are—

    • (a) to promote the immunisation of children against disease:

    • (b) to encourage caregivers to make an informed choice regarding the immunisation of their children:

    • (c) to facilitate disease control.

4 Early childhood education and care centres to require information regarding immunisation status
  • The controlling authority of every early childhood education and care centre must take all reasonable steps to ensure that,—

    • (a) where a relevant child who is aged 15 months or over is enrolled at that early childhood education and care centre, a caregiver of that child is requested to provide to a centre employee, either before or promptly after enrolment, a duly completed immunisation certificate in respect of that child:

    • (b) where a child who is enrolled at that early childhood education and care centre (being a child who was enrolled at that centre before attaining the age of 15 months) attains the age of 15 months, a caregiver of that child is requested to provide to a centre employee, promptly after that child attains the age of 15 months, a duly completed immunisation certificate in respect of that child.

    Regulation 4 heading: amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 4: amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 4(a): amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 4(b): amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

5 Primary schools to require information regarding immunisation status
  • The controlling authority of every primary school must take all reasonable steps to ensure that, where a relevant child is enrolled at that primary school, a caregiver of that child is requested to provide to a school employee, either before or promptly after enrolment, a duly completed immunisation certificate in respect of that child.

6 Caregivers to provide information regarding immunisation status
  • Where a caregiver of a child is requested, pursuant to regulation 4 or regulation 5, to provide in respect of that child a duly completed immunisation certificate, that caregiver must—

    • (a) comply with that request; and

    • (b) allow any centre employee or school employee, as the case may be, to inspect the certificate, to take extracts from the certificate, and to copy all or part of the certificate, in accordance with regulation 7.

7 Early childhood education and care centres and primary schools may inspect immunisation certificates
  • For the purpose of enabling the recording of relevant information in an immunisation register, any centre employee or school employee to whom any immunisation certificate is provided in accordance with the requirements of regulation 4 or, as the case may be, regulation 5 may do 1 or more of the following:

    • (a) inspect that certificate:

    • (b) take extracts from the certificate:

    • (c) copy all or part of the certificate.

    Regulation 7 heading: amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

8 Early childhood education and care centres to maintain immunisation registers
  • (1) The controlling authority of every early childhood education and care centre must ensure that the centre maintains an immunisation register.

    (2) Every immunisation register maintained by an early childhood education and care centre must contain the following information in respect of each relevant child who is for the time being enrolled at the centre and who has attained the age of 15 months:

    • (a) the full name of the child:

    • (b) the child's date of birth:

    • (c) whether or not a caregiver of the child has provided to a centre employee an immunisation certificate in accordance with regulation 4:

    • (d) where an immunisation certificate has been provided to a centre employee in accordance with regulation 4, the following information extracted from the certificate:

      • (i) whether the child has been fully immunised against the diseases for the time being specified in the National Immunisation Schedule:

      • (ii) if the child has not been fully immunised, those diseases against which, in the vaccinator's opinion, the child has been immunised or has developed laboratory-proven natural immunity:

    • (e) such other information as the Director-General may from time to time prescribe by notice in the Gazette.

    Regulation 8 heading: amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 8(1): amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 8(2): amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

9 Primary schools to maintain immunisation registers
  • (1) The controlling authority of every primary school at which relevant children are enrolled must ensure that the school maintains an immunisation register.

    (2) Every immunisation register maintained by a primary school must contain the following information in respect of each relevant child who is for the time being enrolled at the school:

    • (a) the full name of the child:

    • (b) the child's date of birth:

    • (c) whether or not a caregiver of the child has provided to a school employee an immunisation certificate in accordance with regulation 5:

    • (d) where an immunisation certificate has been provided to a school employee in accordance with regulation 5, the following information extracted from the certificate:

      • (i) whether the child has been fully immunised against the diseases for the time being specified in the National Immunisation Schedule:

      • (ii) If the child has not been fully immunised, those diseases against which, in the vaccinator's opinion, the child has been immunised or has developed laboratory-proven natural immunity:

    • (e) such other information as the Director-General may from time to time prescribe by notice in the Gazette.

10 Form of, and access to, immunisation registers
  • (1) An immunisation register may be maintained in such form as the controlling authority responsible for maintaining it thinks fit, including, either wholly or partly, by means of a device or facility—

    • (a) that records or stores information electronically or by other means; and

    • (b) that permits the information so recorded to be readily inspected or reproduced in usable form.

    (2) The controlling authority of an early childhood education and care centre or a primary school must ensure that the immunisation register maintained by that centre or school is available at all times for inspection by the following persons:

    • (a) a Medical Officer of Health:

    • (b) a Health Protection Officer:

    • (c) any person who is authorised in writing, by a Medical Officer of Health or a Health Protection Officer, to inspect the register.

    (3) Any person who is entitled pursuant to subclause (2) to inspect any immunisation register may—

    • (a) take extracts from the register:

    • (b) make copies of all or part of the register.

    Regulation 10(2): amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

11 Form of immunisation certificates
  • (1) The Director-General may from time to time, by notice in the Gazette, prescribe the form of immunisation certificates to be completed by vaccinators.

    (2) Without limiting subclause (1), an immunisation certificate may make provision for the entry of the following particulars in relation to the child to whom the certificate relates:

    • (a) the full name of the child:

    • (b) the child's date of birth:

    • (c) whether or not the child has been fully immunised against the diseases for the time being specified in the National Immunisation Schedule:

    • (d) if the child has not been fully immunised, those diseases against which, in the vaccinator's opinion, the child has been immunised or has developed laboratory-proven natural immunity:

    • (e) such other particulars as the Director-General considers appropriate.

12 Rights to enrol at early childhood education and care centres and primary schools not limited
  • Nothing in these regulations limits or affects any right of a child to be enrolled at or to attend any early childhood education and care centre or primary school.

    Regulation 12 heading: amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

    Regulation 12: amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 December 1995.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Health (Immunisation) Regulations 1995. The reprint incorporates all the amendments to the regulations as at 29 November 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)