1 Title

2 Commencement

3 Purpose

4 Interpretation

5 Act to bind the Crown

6 Functions of Minister

7 Functions of Director-General

8 Powers of direction

9 Form of direction to organisation

10 Delegation of functions or powers

11 Director-General must produce annual report on current state of public health

12 Health protection officers and medical officers of health

13 Exercise of certain powers

14 Health districts

15 Responsibility for public health in areas outside jurisdiction of local authorities

16 Director-General may act as or must appoint medical officer of health

17 Functions of Director of Public Health

18 Director of Public Health may provide advice or reports to Minister

19 Public health functions of DHBs

19A Reporting functions of medical officers of health

19B Medical officer of health may provide advice or reports to DHB

19C General powers and duties of territorial authorities in respect of public health

19CA Collaboration between local authorities and DHBs

19D Duty of territorial authority to have environmental health officers

19E Provisions governing appointments

19F Functions of environmental health officers

20 Interpretation

21 Disclosure of health information

22 Duty to provide health information

23 Duty to provide information for purposes of blood collection

24 Communication of information for diagnostic and other purposes

25 Anonymous health information

26 Regulations as to retention of health information

27 Interpretation

28 Inspection of records to verify compliance with subsidy authorisation or subsidy claim

29 Inspection of provider records to verify compliance with the pharmaceutical schedule

30 Contravention of section 28 or 29 an offence

31 Duty to report matters that constitute public health risk

32 Medical practitioner or specified person must notify notifiable condition

33 Laboratory must notify notifiable condition

34 Laboratory must notify notifiable contaminants

35 Person who obtains result of test of sample overseas must notify contaminant

36 Notifiable conditions in animals

37 Power of Governor-General to amend schedules

38 Temporary specification of notifiable condition

39 Duty of confidentiality and authorised disclosure of identifying particulars obtained from report or notification

40 Medical officer of health may authorise disclosure of notification information

41 Duty to provide information regarding obligations to report and notify

42 Offence to fail to report or notify as required

43 Regulations

44 Purpose

45 Interpretation

46 Appointment of persons to operate NCSP

47 Objectives of NCSP

48 Enrolment in NCSP

49 Duties of NCSP manager that relate to enrolled women

50 Procedure to prevent or cancel enrolment in NCSP

51 Duties of NCSP manager when women cancel enrolment in NCSP

52 Procedure to re-enrol in NCSP

53 Certain information held by NCSP must not be disclosed

54 Delegation of functions and powers

55 Duties of persons taking specimens for screening tests

56 Duty of persons performing colposcopic procedure

57 Duty of laboratories where specimens are analysed

58 Establishment of NCSP review committee

59 Work of review committee

60 Review committee’s access to information

61 Report by review committee

62 Duty of Director-General to report

63 Meaning of evaluate

64 Director-General may designate screening programme evaluators

65 Criteria for designating employees of Ministry

66 Criteria for designating non-employees of Ministry

67 Power of screening programme evaluators to access specimens and health information

68 Duties of screening programme evaluators

69 Duties of persons to whom evaluation material is supplied by screening programme evaluator

70 Screening programme evaluator may publish non-identifiable information obtained during evaluation

71 Duty of health practitioners

72 Duty of persons who hold specimens

73 Duty of hospitals

74 Screening programme employees may retain, access, use, and disclose information to perform functions

75 Regulations

76 Incorporation of standards by reference in regulations

77 Application of Standards Act 1988 not affected

78 Offences under this subpart

79 Interpretation

80 Principles

81 Director-General may issue codes of practice or guidelines

82 Prior consultation required

83 What code of practice or guidelines may provide

83A Code of practice must state objectives and targets or measures

84 Codes of practice and guidelines to avoid overlap with enactments

85 Compliance with code of practice or guidelines may be advertised with permission of Director-General

86 Incentives for compliance with codes of practice or guidelines

87 Codes of practice and guidelines not legally enforceable

88 Report to Minister

88A Consultation by Minister if no significant progress in achieving objective of code or guidelines

88B Minister may recommend regulations

88C Regulations

89 Application

90 Principles to be taken into account

91 Least restrictive alternative

92 Respect for individuals

93 Individual to be informed

94 Proceedings under this Part in District Courts to be heard by Family Court Judges, if practicable

94A Proceedings under this Part not open to public

94B Court may appoint lawyer to act for individuals under 16

95 Directions that may be given to manage health risk posed by condition to which this Part applies

96 Duration of directions

97 Direction for medical examination

98 Direction requiring contacts to stay in specified place

99 Directions in respect of educational institutions

100 Repeated directions may be given

101 Directions may be varied or rescinded

102 Written directions and notices to be served on individual

103 Appeal against direction

104 Duty to comply

105 Force not permissible

106 Medical officer of health may make urgent health risk order

107 Duration of urgent health risk order

108 Matters that Court may take into account in assessing health risk

109 Relationship between directions and court orders

110 Prior consultation with individual and individual’s family or whanau

111 Case conferences

112 Application for health risk order

113 Health risk order

114 Order may impose certain requirements on individual

115 Duration of order or requirements

116 Health risk order may be extended

117 Order for medical examination

118 Court may make health risk order contingent on examinations proving positive

119 Order for contacts

120 Court may cancel or vary orders

121 Medical officer of health and individual may agree on variation

122 Appeals to High Court

123 Appeals to Court of Appeal

124 Enforcement of order by medical officer of health

125 Offence not to comply with order

126 Person must not recklessly spread notifiable disease or other notifiable condition

127 Defences

128 District Court may make residence order

129 Application for residence order

130 Action under other enactment

131 Prior consultation by medical officer of health

132 Case conferences

133 Duration of residence order

134 Residence order may be extended

135 Court may cancel or vary residence order

136 Appeals

137 Interpretation

138 Purpose of subpart

139 What contact tracing involves

140 Meaning of relevant officer

141 Appropriateness of contact tracing

142 Individual with condition to which this Part applies to provide certain information

143 Consideration as to whether contact tracing can be undertaken by individual

144 When relevant officer may undertake contact tracing

145 Medical officer of health may direct certain persons to provide information

146 Duty of confidentiality

147 Medical practitioner or medical officer of health may delegate powers, duties, and functions

148 Status of delegations

149 Offence to fail to comply with direction to provide required information

150 Interpretation

151 Medical practitioner or prescribed person may disclose certain matters to close associates

152 Medical practitioner or prescribed person may consult with medical officer of health

153 General powers and duties of territorial authorities in respect of public health

154 Regional Councils may be required to provide Director-General or DHB with reports

155 Territorial authorities may be required to provide DHBs with reports

156 Provisions relating to reports

157 Duty of territorial authority to have environmental health officers

158 Provisions governing appointments

159 Functions of environmental health officers

160 Sanitary services defined

161 Matters to be considered before directions given

162 Minister may direct territorial authority about sanitary services

162A Proposals for complying with direction under section 162

163 Grants and subsidies for refuse disposal works, sewerage works, and water supplies

164 Establishment of mortuaries and disinfecting stations

165 Duties of territorial authorities as to burials

166 Nature of nuisance

167 Duties of territorial authority

168 Inspections to ascertain existence of nuisance

169 Offence to cause or permit nuisance

170 Provisions of this subpart do not limit other rights

171 Rectification orders

172 Buildings or dwellinghouses unfit for human occupation

173 Effect of order under section 172

174 District Court Judge may view place and summon owner or occupier

175 Breach of order is offence

176 On default of owner, territorial authority must carry out work

177 Power to stop nuisance without notice

178 Interim closure of dwellinghouse posing serious risk to public health

179 Nuisance caused by act or default outside district

180 Recovery of expenses and costs of territorial authority

181 Inadequate response to nuisance representing significant health risk

182 Medical officer of health may take enforcement action

183 Determinations permitting activities not affected

183 Authorised activities

184 Public health bylaw defined

185 Consultation required before territorial authority makes public health bylaw

186 Bylaws

187 Application of other enactments to bylaws

188 Local Government Act 2002 amended

189 Review of territorial authorities

190 Non-performance by territorial authority

191 Order for mandamus

192 Action under certain other enactments to be preferred

193 Bylaws under this Part prevail over other bylaws

194 Objective

194AA This Part does not apply merely because of continuation of existing regulations

194AA Expiry of section 194AA

194A Minister may recommend making of regulations

194B Regulations in respect of activities

194C Incorporation by reference

195 Duty to comply with this Part

196 Taking of all practicable steps to prevent risks to public health

197 Consent holder must advise relevant consent authority of important changes

198 Persons carrying on regulated activities must assist assessors and designated officers in exercise of powers

199 Periodic compliance assessments of operators of activities

200 Application of subpart

201 Person proposing to carry on regulated activity must apply to relevant consent authority

202 Application to be accompanied by payment and public health risk management plan, if required

203 Consent authority to obtain report and respond to application within 20 working days

204 Grant of application

205 Provisional consent may be granted

206 Advice about non-compliance and requests for further information

207 Renewal of consent

208 Amendments to public health risk management plan may be required on renewal

209 Applicant for consent or renewal must advise consent authority of important changes

210 Administrative charges

211 Mandatory cancellation

212 Discretionary cancellation

213 Steps to be taken before consent cancelled

214 Surrender of consent

215 Review of refusal or cancellation

216 Appointment of reviewer and conduct of review

217 Reconsideration by consent authority

218 Right of appeal

219 Notice of right of appeal

220 Decisions to have effect pending determination of appeal

221 Procedure on appeal

222 Court’s decision final

223 Court may refer matter back for reconsideration

224 Orders as to costs

225 Appeal on question of law

226 Director-General must publish guidelines

227 When approved public health risk management plan required

228 Contents of public health risk management plan

229 Public health risk management plan to be approved by assessor

229A Public health risk management plan to be approved by consent authority

230 Duration of plans

231 Review and renewal of plans

232 Records

233 Director-General may keep nationwide record

234 Form of record

235 Information to be recorded

236 Amendments of records

237 Cancellation, etc, of entries

238 Inspection of records

239 Minister may recommend amendment to Schedule 3

240 Recommending additions to Schedule 3

241 Recommending removals from Schedule 3

242 Amendment to Schedule 3

243 Regulations in respect of regulated activities

244 Incorporation by reference

245 Appointment of assessors

245A Geographical areas in respect of which assessors appointed

246 Surrender of appointment

247 Directory of assessors

248 Matters to be contained in directory

249 Territorial authority must supply information on assessors to Director-General

250 Functions of assessors

251 Accountability of assessor for performance of functions

252 Duty of assessor to disclose potential conflict of interest

253 Powers of assessors

254 Restrictions on entry

255 Requirement for warrant to enter dwellinghouse or marae

256 Review of decisions of assessors

257 Consent holder must not replace assessor without consent of consent authority

258 Regulations

259 Minister may declare emergency

260 Duration of declaration by Minister

261 Minister may amend or revoke declaration

262 Minister must review need for declaration

263 Health emergency declared by Order in Council

264 When emergency powers may be exercised

265 State of emergency under other enactments

266 General emergency powers

267 Safeguards for persons isolated or subject to quarantine under section 266(1)(g)

268 Emergency power relating to redirection of aircraft

269 Emergency powers relating to closure of premises and restriction of association

270 Condition relating to orders made under section 269

271 Powers of medical officer of health to requisition things

272 Power of entry and inspection

273 Power to require information

274 Non-compliance with requisition offence

275 Power of members of police to assist medical officer of health

276 Offences relating to obstructing medical officer of health or people assisting medical officer of health

277 Medical officer of health may cause sanitary works to be undertaken

278 Priority for medicines

279 Offences against sections in this subpart

280 Interpretation

281 Director-General may designate points of entry

282 Places of inspection for ships

283 Affected places

284 Ships and aircraft liable to quarantine

285 Persons liable to quarantine

286 People liable to quarantine to comply with directions and supply information

287 Detention of craft and people for inspection

288 Lifting of detention of craft

289 Powers and duties of medical officer of health or health protection officer in relation to quarantinable conditions

290 Surveillance of certain people liable to quarantine

291 Grounds of appeal

292 Notice of appeal

293 Powers of District Court on appeal

294 Children and people with incapacity

295 When liability of craft to quarantine ceases

296 When liability of persons to quarantine ceases

297 Restrictions applying while craft liable to quarantine

298 Quarantine signal for ship

299 Inspection of craft liable to quarantine

300 Ship’s declaration of health

301 Aircraft declaration of health

302 Ship arriving from affected place

303 Ship with quarantinable condition on board

304 Grant of pratique

305 Medical officer of health or health protection officer may order craft to another port or airport

306 Affected baggage, cargo, or stores

307 Decontamination, disinfection, and fumigation of craft

308 Ship sanitation certificates

309 Power to board any ship and inspect

310 Persons with quarantinable condition about to leave New Zealand

311 Persons with quarantinable condition about to leave New Zealand to supply information and comply with directions

312 Inspection of ship or aircraft departing from New Zealand

313 Inspection of points of entry

314 Power to obtain information about craft, freight, and passengers

315 Offences involving ships or aircraft

316 Offences against sections in this subpart

317 Strict liability and defence to offences under section 316

318 Penalties for offences under section 316

319 Health risk orders

320 Power to arrest without warrant

321 Subpart 1 and this subpart operate independently

322 Regulations about risks to public health at border

323 Purpose of health impact assessments

323 Purpose of health impact assessments

324 Health impact assessments

325 Copy of health impact assessment must be supplied to Director-General

326 General power of entry and inspection

327 Requirement for warrant to enter dwellinghouse or marae

328 Examination of children at early childhood centres and schools

329 Medical officer of health or health protection officer or environmental health officer may issue compliance order

330 Compliance with compliance order

331 Form and content of compliance order

332 Appeals

333 Stay of compliance order pending approval

334 Variation and cancellation of compliance order

335 Appeals against decision on change or cancellation of compliance order

336 Failure to comply with compliance order is offence

337 Incorporation of material by reference into regulations and compliance documents

338 Effect of amendments to, or replacement of, material incorporated by reference

339 Proof of material incorporated by reference

340 Effect of expiry of material incorporated by reference

341 Requirement to consult

342 Access to material incorporated by reference

343 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference

344 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference

345 Application of sections 346 to 351

346 Application for search warrant

347 Mode of application for search warrant

348 Form and content of search warrant

349 Transmission of search warrant

350 Retention of documents

351 When search warrant is executed

352 Application

353 Entry and search powers

354 Powers of persons called to assist

355 Powers and duties of person exercising entry and search power

356 Inventory of items seized

357 Compliance with certain provisions may be deferred in certain circumstances

358 Further extension to, or dispensation from, obligation to comply with certain provisions

358A Entry of defence areas

359 Evidence of authority of medical officer of health or health protection officer

360 Building Act 2004

361 Protection of persons acting under authority of Act

362 Obstruction of officers

363 Compensation for property requisitioned or destroyed or damaged

364 Director-General may order post-mortem examination

365 Attendance of medical officer of health at meetings of local authorities

366 Expenses of local authorities

367 Service of documents

368 General penalty for offences

369 Strict liability

370 Defences

371 Additional penalty for certain offences for commercial gain

372 Liability of principal for acts of agents

373 Offences punishable on summary conviction

374 Regulations about public health generally

375 Regulations about needles and syringes and related products

376 Regulations about housing improvement and overcrowding

377 Special provisions as to regulations

378 Transitional regulations

379 Expiry of section 378

380 Regulations and other enactments having effect under this Act

381 Expiry of section 380

382 Bylaws

383 Existing health districts continue

384 Director of Public Health continues in office

385 Medical officers of health continue in office

386 Health protection officers continue in office

387 Other designated persons continue in office

388 Environmental health officers continue in office

389 Personal information

390 Civil proceedings relating to nuisances

391 Requirements to clean, repair, or close premises

392 Consents relating to offensive trades and stock saleyards

393 Specified requirements

394 Tuberculosis Act 1948

395 Ongoing matters under Part 3 or 4 of Health Act 1956

395A Amendments to Epidemic Preparedness Act 2006

395B Interpretation

395C Inserting references to epidemic disease in principal Act

395D New sections 27 and 28 and Schedule added

396 Amendments to New Zealand Public Health and Disability Act 2000

397 Repeals and revocations

398 Consequential amendments