126 Infirm and neglected persons


If any aged, infirm, incurable, or destitute person is found to be living in insanitary conditions or without proper care or attention, the District Court may, on the application of the medical officer of health, make an order for the committal of that person to any appropriate hospital or institution available for the reception of such persons.


An order under this section may be made in respect of any such person who habitually lives in any such conditions as aforesaid, notwithstanding that at the time of the application or of the order he may have been temporarily removed from such conditions or such conditions may have been temporarily remedied.


If any person in respect of whom an order is made under this section refuses to comply with that order, any environmental health officer under this Act or any constable may, without further warrant than this section, take that person and place him in the custody of the Medical Superintendent or manager or other person in charge of such hospital or institution as aforesaid, who shall have authority to detain him pursuant to the order of committal.

Compare: 1920 No 45 s 142; 1940 No 17 s 13

Section 126(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 126(1): amended, on 1 July 1993, by section 36 of the Health Amendment Act 1993 (1993 No 24).

Section 126(3): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).