Health (Protection) Amendment Act 2016

Coat of Arms of New Zealand

Health (Protection) Amendment Act 2016

Public Act
 
2016 No 35
Date of assent
 
4 July 2016
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
Part 1
Infectious diseases
Notification
4Section 2 amended (Interpretation)
5Section 7A amended (Medical officers of health and other officers)
6Section 22C amended (Disclosure of health information)
7Section 74 amended (Medical practitioners to give notice of cases of notifiable disease)
8Section 74AA amended (Medical laboratories to give notice of cases of notifiable disease)
Management of infectious diseases
9Section 79 repealed (Isolation of persons likely to spread infectious disease)
10Sections 88 to 92 and cross-heading above section 88 repealed
11New Part 3A inserted
Part 3A
Management of infectious diseases
Subpart 1—Overarching principles
92APrinciples to be taken into account
92BParamount consideration
92CRespect for individuals
92DVoluntary compliance
92EIndividual to be informed
92FPrinciple of proportionality
92GLeast restrictive alternative
92HMeasures to apply no longer than necessary
Subpart 2—Directions
92IMedical officer of health may give directions to individual posing public health risk
92JMedical officer of health may give directions to contacts of individuals posing public health risk
92KDirection for medical examination
92LDirection to close educational institutions
92MDirector-General may require copies of directions given under this Part
General provisions concerning directions and notices
92NWritten directions and notices to be served on individual
92ODuration of directions
92PMedical officer of health must review directions
92QDirections may be extended
92RRepeated directions may be given
92SDirections may be varied or rescinded
92TAppeal against directions
92UConfidentiality
Compliance with directions
92VOffence for failing to comply with directions
92WOffence to obstruct compliance with directions
92XDuty of care relating to individuals under 16 years and persons lacking in legal capacity
92YForce not permissible
Subpart 3—Orders
Public health orders
92ZDistrict Court may make public health order
92ZAPublic health order may impose certain requirements on individual
92ZBMatters that District Court may take into account in assessing public health risk
92ZCDuration of public health order
92ZDPublic health order may be extended
92ZERelationship between directions and public health orders
Urgent public health orders
92ZFMedical officer of health may make urgent public health order
92ZGDuration of urgent public health order
Medical examination orders and orders concerning contacts
92ZHMedical examination orders
92ZIDistrict Court may make public health order contingent on examinations establishing infectious disease
92ZJOrder for contacts
Proceedings
92ZKProceedings under this Part in District Court to be heard by Family Court Judges, if practicable
92ZLProceedings under this Part not open to public
92ZMDistrict Court may appoint lawyers to act for individuals under 16 years
General provisions concerning orders
92ZNApplication for order
92ZOPrior consultation with individual and individual’s family or whānau
92ZPCase conferences
92ZQMedical officer of health must review orders
92ZRDistrict Court may cancel or vary orders
92ZSConfidentiality
Subpart 4—Appeals and enforcement
92ZTAppeals to High Court
92ZUAppeals to Court of Appeal
92ZVEnforcement of order by medical officer of health
92ZWOffence not to comply with order
92ZXOffence to obstruct compliance with order
Subpart 5—Contact tracing
92ZYPurpose of contact tracing
92ZZWhat contact tracing involves
92ZZAWho may be contact tracer
92ZZBAppropriateness of contact tracing
92ZZCDuty of individual with infectious disease to provide information about contacts
92ZZDConsideration as to whether contact tracing can be undertaken by individual
92ZZEWhen contact tracer may undertake contact tracing
92ZZFContact tracer may require certain persons to provide information
92ZZGDuty of confidentiality
92ZZHOffence to fail to comply with direction to provide required information about contacts
12Section 117 amended (Regulations as to public health)
13Section 125 amended (Medical examination of children)
14Schedule 1 amended
Consequential repeal and revocations
15Repeal of Tuberculosis Act 1948
16Revocation of Tuberculosis Regulations 1951
17Food Hygiene Regulations 1974 amended
18Health (Infectious and Notifiable Diseases) Regulations 1966 amended
19Revocation of Venereal Diseases Regulations 1982
20District Courts Rules 2014 amended
21Social Security (Long-term Residential Care) Regulations 2005 amended
Part 2
Artificial UV tanning services
22New Part 5 inserted
Part 5
Artificial UV tanning services
Preliminary provision
113Interpretation
Ban on provision of services to persons under 18 years
114Ban on providing artificial UV tanning services to persons under 18 years
Infringement offences
115Infringement offences
116Commission of infringement offences
116AInfringement notices
116BPayment of infringement fees
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: