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Health (Protection) Amendment Act 2016
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Health (Protection) Amendment Act 2016
Public Act
2016 No 35
Date of assent
4 July 2016
Commencement
see section 2
Contents
1
Title
2
Commencement
3
Principal Act
Part 1
Infectious diseases
Notification
4
Section 2 amended (Interpretation)
5
Section 7A amended (Medical officers of health and other officers)
6
Section 22C amended (Disclosure of health information)
7
Section 74 amended (Medical practitioners to give notice of cases of notifiable disease)
8
Section 74AA amended (Medical laboratories to give notice of cases of notifiable disease)
Management of infectious diseases
9
Section 79 repealed (Isolation of persons likely to spread infectious disease)
10
Sections 88 to 92 and cross-heading above section 88 repealed
11
New Part 3A inserted
Part 3A
Management of infectious diseases
Subpart 1—Overarching principles
92A
Principles to be taken into account
92B
Paramount consideration
92C
Respect for individuals
92D
Voluntary compliance
92E
Individual to be informed
92F
Principle of proportionality
92G
Least restrictive alternative
92H
Measures to apply no longer than necessary
Subpart 2—Directions
92I
Medical officer of health may give directions to individual posing public health risk
92J
Medical officer of health may give directions to contacts of individuals posing public health risk
92K
Direction for medical examination
92L
Direction to close educational institutions
92M
Director-General may require copies of directions given under this Part
General provisions concerning directions and notices
92N
Written directions and notices to be served on individual
92O
Duration of directions
92P
Medical officer of health must review directions
92Q
Directions may be extended
92R
Repeated directions may be given
92S
Directions may be varied or rescinded
92T
Appeal against directions
92U
Confidentiality
Compliance with directions
92V
Offence for failing to comply with directions
92W
Offence to obstruct compliance with directions
92X
Duty of care relating to individuals under 16 years and persons lacking in legal capacity
92Y
Force not permissible
Subpart 3—Orders
Public health orders
92Z
District Court may make public health order
92ZA
Public health order may impose certain requirements on individual
92ZB
Matters that District Court may take into account in assessing public health risk
92ZC
Duration of public health order
92ZD
Public health order may be extended
92ZE
Relationship between directions and public health orders
Urgent public health orders
92ZF
Medical officer of health may make urgent public health order
92ZG
Duration of urgent public health order
Medical examination orders and orders concerning contacts
92ZH
Medical examination orders
92ZI
District Court may make public health order contingent on examinations establishing infectious disease
92ZJ
Order for contacts
Proceedings
92ZK
Proceedings under this Part in District Court to be heard by Family Court Judges, if practicable
92ZL
Proceedings under this Part not open to public
92ZM
District Court may appoint lawyers to act for individuals under 16 years
General provisions concerning orders
92ZN
Application for order
92ZO
Prior consultation with individual and individual’s family or whānau
92ZP
Case conferences
92ZQ
Medical officer of health must review orders
92ZR
District Court may cancel or vary orders
92ZS
Confidentiality
Subpart 4—Appeals and enforcement
92ZT
Appeals to High Court
92ZU
Appeals to Court of Appeal
92ZV
Enforcement of order by medical officer of health
92ZW
Offence not to comply with order
92ZX
Offence to obstruct compliance with order
Subpart 5—Contact tracing
92ZY
Purpose of contact tracing
92ZZ
What contact tracing involves
92ZZA
Who may be contact tracer
92ZZB
Appropriateness of contact tracing
92ZZC
Duty of individual with infectious disease to provide information about contacts
92ZZD
Consideration as to whether contact tracing can be undertaken by individual
92ZZE
When contact tracer may undertake contact tracing
92ZZF
Contact tracer may require certain persons to provide information
92ZZG
Duty of confidentiality
92ZZH
Offence to fail to comply with direction to provide required information about contacts
12
Section 117 amended (Regulations as to public health)
13
Section 125 amended (Medical examination of children)
14
Schedule 1 amended
Consequential repeal and revocations
15
Repeal of Tuberculosis Act 1948
16
Revocation of Tuberculosis Regulations 1951
17
Food Hygiene Regulations 1974 amended
18
Health (Infectious and Notifiable Diseases) Regulations 1966 amended
19
Revocation of Venereal Diseases Regulations 1982
20
District Courts Rules 2014 amended
21
Social Security (Long-term Residential Care) Regulations 2005 amended
Part 2
Artificial UV tanning services
22
New Part 5 inserted
Part 5
Artificial UV tanning services
Preliminary provision
113
Interpretation
Ban on provision of services to persons under 18 years
114
Ban on providing artificial UV tanning services to persons under 18 years
Infringement offences
115
Infringement offences
116
Commission of infringement offences
116A
Infringement notices
116B
Payment of infringement fees
Legislative history
Administrative information
The Parliament of New Zealand enacts as follows: