Public Health Bill

  • discharged on 11 November 2015

Hon David Cunliffe

Public Health Bill

Government Bill

177—2

Contents

Commentary
Key
1Title
2Commencement
3Purpose
4Interpretation
5Act to bind the Crown
6Functions of Minister
7Functions of Director-General
8Powers of direction
9Form of direction to organisation
10Delegation of functions or powers
11Director-General must produce annual report on current state of public health
12Health protection officers and medical officers of health
13Exercise of certain powers
14Health districts
15Responsibility for public health in areas outside jurisdiction of local authorities
16Director-General may act as or must appoint medical officer of health
17Functions of Director of Public Health
18Director of Public Health may provide advice or reports to Minister
19Public health functions of DHBs
19AReporting functions of medical officers of health
19BMedical officer of health may provide advice or reports to DHB
19CGeneral powers and duties of territorial authorities in respect of public health
19CACollaboration between local authorities and DHBs
19DDuty of territorial authority to have environmental health officers
19EProvisions governing appointments
19FFunctions of environmental health officers
20Interpretation
21Disclosure of health information
22Duty to provide health information
23Duty to provide information for purposes of blood collection
24Communication of information for diagnostic and other purposes
25Anonymous health information
26Regulations as to retention of health information
27Interpretation
28Inspection of records to verify compliance with subsidy authorisation or subsidy claim
29Inspection of provider records to verify compliance with the pharmaceutical schedule
30Contravention of section 28 or 29 an offence
31Duty to report matters that constitute public health risk
32Medical practitioner or specified person must notify notifiable condition
33Laboratory must notify notifiable condition
34Laboratory must notify notifiable contaminants
35Person who obtains result of test of sample overseas must notify contaminant
36Notifiable conditions in animals
37Power of Governor-General to amend schedules
38Temporary specification of notifiable condition or epidemic disease
39Duty of confidentiality and authorised disclosure of identifying particulars obtained from report or notification
40Medical officer of health may authorise disclosure of notification information
41Duty to provide information regarding obligations to report and notify
42Offence to fail to report or notify as required
43Regulations
44Purpose
45Interpretation
46Appointment of persons to operate NCSP
47Objectives of NCSP
48Enrolment in NCSP
49Duties of NCSP manager that relate to enrolled women
50Procedure to prevent or cancel enrolment in NCSP
51Duties of NCSP manager when women cancel enrolment in NCSP
52Procedure to re-enrol in NCSP
53Certain information held by NCSP must not be disclosed
54Delegation of functions and powers
55Duties of persons taking specimens for screening tests
56Duty of persons performing colposcopic procedure
57Duty of laboratories where specimens are analysed
58Establishment of NCSP review committee
59Work of review committee
60Review committee’s access to information
61Report by review committee
62Duty of Director-General to report
63Meaning of evaluate
64Director-General may designate screening programme evaluators
65Criteria for designating employees of Ministry
66Criteria for designating non-employees of Ministry
67Power of screening programme evaluators to access specimens and health information
68Duties of screening programme evaluators
69Duties of persons to whom evaluation material is supplied by screening programme evaluator
70Screening programme evaluator may publish non-identifiable information obtained during evaluation
71Duty of health practitioners
72Duty of persons who hold specimens
73Duty of hospitals
74Screening programme employees may retain, access, use, and disclose information to perform functions
75Regulations
76Incorporation of standards by reference in regulations
77Application of Standards Act 1988 not affected
78Offences under this subpart
79Interpretation
80Principles
81Director-General may issue codes of practice or guidelines
82Prior consultation required
83What code of practice or guidelines may provide
83ACode of practice must state objectives and targets or measures
84Codes of practice and guidelines to avoid overlap with enactments
85Compliance with code of practice or guidelines may be advertised with permission of Director-General
86Incentives for compliance with codes of practice or guidelines
87Codes of practice and guidelines not legally enforceable
88Report to Minister
88AConsultation by Minister if no significant progress in achieving objective of code or guidelines
88BMinister may recommend regulations
88CRegulations
89Application
90Principles to be taken into account
91Least restrictive alternative
92Respect for individuals
93Individual to be informed
94Proceedings under this Part in District Courts to be heard by Family Court Judges, if practicable
94AProceedings under this Part not open to public
94BCourt may appoint lawyer to act for individuals under 16
95Directions that may be given to manage health risk posed by condition to which this Part applies
96Duration of directions
97Direction for medical examination
98Direction requiring contacts to stay in specified place
99Directions in respect of educational institutions
100Repeated directions may be given
101Directions may be varied or rescinded
102Written directions and notices to be served on individual
103Appeal against direction
104Duty to comply
105Force not permissible
106Medical officer of health may make urgent health risk order
107Duration of urgent health risk order
108Matters that Court may take into account in assessing health risk
109Relationship between directions and court orders
110Prior consultation with individual and individual’s family or whanau
111Case conferences
112Application for health risk order
113Health risk order
114Order may impose certain requirements on individual
115Duration of order or requirements
116Health risk order may be extended
117Order for medical examination
118Court may make health risk order contingent on examinations proving positive
119Order for contacts
120Court may cancel or vary orders
121Medical officer of health and individual may agree on variation
122Appeals to High Court
123Appeals to Court of Appeal
124Enforcement of order by medical officer of health
125Offence not to comply with order
126Person must not recklessly spread notifiable disease or other notifiable condition
127Defences
128District Court may make residence order
129Application for residence order
130Help Action under other enactment
131Prior consultation by medical officer of health
132Case conferences
133Duration of residence order
134Residence order may be extended
135Court may cancel or vary residence order
136Appeals
137Interpretation
138Purpose of subpart
139What contact tracing involves
140Meaning of relevant officer
141Appropriateness of contact tracing
142Individual with condition to which this Part applies to provide certain information
143Consideration as to whether contact tracing can be undertaken by individual
144When relevant officer may undertake contact tracing
145Medical officer of health may direct certain persons to provide information
146Duty of confidentiality
147Medical practitioner or medical officer of health may delegate powers, duties, and functions
148Status of delegations
149Offence to fail to comply with direction to provide required information
150Interpretation
151Medical practitioner or prescribed person may disclose certain matters to close associates
152Medical practitioner or prescribed person may consult with medical officer of health
153General powers and duties of territorial authorities in respect of public health
154Regional Councils may be required to provide Director-General or DHB with reports
155Territorial authorities may be required to provide DHBs with reports
156Provisions relating to reports
157Duty of territorial authority to have environmental health officers
158Provisions governing appointments
159Functions of environmental health officers
160Sanitary services defined
161Matters to be considered before directions given
162Minister may direct territorial authority about sanitary services
162AProposals for complying with direction under section 162
163Grants and subsidies for refuse disposal works, sewerage works, and water supplies
164Establishment of mortuaries and disinfecting stations
165Duties of local territorial authorities as to burials
166Nature of nuisance
167Duties of territorial authority
168Inspections to ascertain existence of nuisance
169Offence to cause or permit nuisance
170Provisions of this subpart do not limit other rights
171Rectification orders
172Buildings or dwellinghouses unfit for human occupation
173Effect of order under section 172
174District Court Judge may view place and summon owner or occupier
175Breach of order is offence
176On default of owner, territorial authority must carry out work
177Power to stop nuisance without notice
178Interim closure of dwellinghouse posing serious risk to public health
179Nuisance caused by act or default outside district
180Recovery of expenses and costs of territorial authority
181Inadequate response to nuisance representing significant health risk
182Medical officer of health may take enforcement action
183Determinations permitting activities not affected
183Authorised activities
184Public health bylaw defined
185Consultation required before territorial authority makes public health bylaw
186Bylaws
187Application of other enactments to bylaws
188Local Government Act 2002 amended
152AEffect of Public Health Act 2007 on bylaws made under this ActPublic health bylaws
189Review of territorial authorities
190Non-performance by territorial authority
191Order for mandamus
192Action under certain other enactments to be preferred
193Bylaws under this Part prevail over other bylaws
194Objective
194AAThis Part does not apply merely because of continuation of existing regulations
194AAExpiry of section 194AA
194AMinister may recommend making of regulations
194BRegulations in respect of activities
194CIncorporation by reference
195Duty to comply with this Part
196Taking of all practicable steps to prevent risks to public health
197Consent holder must advise relevant consent authority of important changes
198Persons carrying on regulated activities must assist assessors and designated officers in exercise of powers
199Periodic compliance assessments of operators of activities
200Application of subpart
201Person proposing to carry on regulated activity must apply to relevant consent authority
202Application to be accompanied by payment and public health risk management plan, if required
203Consent authority to obtain report and respond to application within 20 working days
204Grant of application
205Provisional consent may be granted
206Advice about non-compliance and requests for further information
207Renewal of consent
208Amendments to public health risk management plan may be required on renewal
209Applicant for consent or renewal must advise consent authority of important changes
210Administrative charges
211Mandatory cancellation
212Discretionary cancellation
213Steps to be taken before consent cancelled
214Surrender of registration consent
215Review of refusal or cancellation
216Appointment of reviewer and conduct of review
217Reconsideration by consent authority
218Right of appeal
219Notice of right of appeal
220Decisions to have effect pending determination of appeal
221Procedure on appeal
222Court’s decision final
223Court may refer matter back for reconsideration
224Orders as to costs
225Appeal on question of law
226Director-General may must publish guidelines
227When approved public health risk management plan required
228Contents of public health risk management plan
229Public health risk management plan to be approved by assessor
229APublic health risk management plan to be approved by consent authority
230Duration of plans
231Review and renewal of plans
232Records
233Director-General may keep nationwide record
234Form of record
235Information to be recorded
236Amendments of records
237Cancellation, etc, of entries
238Inspection of records
239Minister may recommend amendment to Schedule 3
240Recommending additions to Schedule 3
241Recommending removals from Schedule 3
242Amendment to Schedule 3
243Regulations in respect of regulated activities
244Incorporation by reference
245Appointment of assessors
245AGeographical areas in respect of which assessors appointed
246Surrender of appointment
247Directory of assessors
248Matters to be contained in directory
249Territorial authority must supply information on assessors to Director-General
250Functions of assessors
251Accountability of assessor for performance of functions
252Duty of assessor to disclose potential conflict of interest
253Powers of assessors
254Restrictions on entry
255Requirement for warrant to enter dwellinghouse or marae
256Review of decisions of assessors
257Consent holder must not replace assessor without consent of consent authority
258Regulations
259Minister may declare emergency
260Duration of declaration by Minister
261Minister may amend or revoke declaration
262Minister must review need for declaration
263Health emergency declared by Order in Council
264When emergency powers may be exercised
265State of emergency under other enactments
266General emergency powers
267Safeguards for persons isolated or subject to quarantine under section 266(1)(g)
268Emergency power relating to redirection of aircraft
269Emergency powers relating to closure of premises and restriction of association
270Condition relating to orders made under section 269
271Powers of medical officer of health to requisition things
272Power of entry and inspection
273Power to require information
274Non-compliance with requisition offence
275Power of members of police to assist medical officer of health
276Offences relating to obstructing medical officer of health or people assisting medical officer of health
277Medical officer of health may cause sanitary works to be undertaken
278Priority for medicines
279Offences against sections in this subpart
280Interpretation
281Director-General may designate points of entry
282Places of inspection for ships
283Affected places
284Ships and aircraft liable to quarantine
285Persons liable to quarantine
286People liable to quarantine to comply with directions and supply information
287Detention of craft and people for inspection
288Lifting of detention of craft
289Powers and duties of medical officer of health or health protection officer in relation to quarantinable conditions
290Surveillance of certain people liable to quarantine
291Grounds of appeal
292Notice of appeal
293Powers of District Court on appeal
294Children and people under disability with incapacity
295When liability of craft to quarantine ceases
296When liability of persons to quarantine ceases
297Restrictions applying while craft liable to quarantine
298Quarantine signal for ship
299Inspection of craft liable to quarantine
300Ship’s declaration of health
301Aircraft declaration of health
302Ship arriving from affected place
303Ship with quarantinable condition on board
304Grant of pratique
305Medical officer of health or health protection officer may order craft to another port or airport
306Affected baggage, cargo, or stores
307Decontamination, disinfection, and fumigation of craft
308Ship sanitation certificates
309Power to board any ship and inspect
310Persons with quarantinable condition about to leave New Zealand
311Persons with quarantinable condition about to leave New Zealand to supply information and comply with directions
312Inspection of ship or aircraft departing from New Zealand
313Inspection of points of entry
314Power to obtain information about craft, freight, and passengers
315Offences involving ships or aircraft
316Offences against sections in this subpart
317Strict liability and defence to offences under section 316
318Penalties for offences under section 316
319Health risk orders
320Power to arrest without warrant
321Subpart 1 and this subpart operate independently
322Regulations about risks to public health at border
323Purpose of health impact assessments
323Purpose of health impact assessments
324Health impact assessments
325Copy of health impact assessment must be supplied to Director-General
326General power of entry and inspection
327Requirement for warrant to enter dwellinghouse or marae
328Examination of children at early childhood centres and schools
329Medical officer of health or health protection officer or environmental health officer may issue compliance order
330Compliance with compliance order
331Form and content of compliance order
332Appeals
333Stay of compliance order pending approval
334Variation and cancellation of compliance order
335Appeals against decision on change or cancellation of compliance order
336Failure to comply with compliance order is offence
337Incorporation of material by reference into regulations and compliance documents
338Effect of amendments to, or replacement of, material incorporated by reference
339Proof of material incorporated by reference
340Effect of expiry of material incorporated by reference
341Requirement to consult
342Access to material incorporated by reference
343Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference
344Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
345Application of sections 346 to 351
346Application for search warrant
347Mode of application for search warrant
348Form and content of search warrant
349Transmission of search warrant
350Retention of documents
351When search warrant is executed
352Application
353Entry and search powers
354Powers of persons called to assist
355Powers and duties of person exercising entry and search power
356Inventory of items seized
357Compliance with certain provisions may be deferred in certain circumstances
358Further extension to, or dispensation from, obligation to comply with certain provisions
358AEntry of defence areas
359Evidence of authority of medical officer of health or health protection officer
360Building Act 2004
361Protection of persons acting under authority of Act
362Obstruction of officers
363Compensation for property requisitioned or destroyed or damaged
364Director-General may order post-mortem examination
365Attendance of medical officer of health at meetings of local authorities
366Expenses of local authorities
367Service of documents
368General penalty for offences
369Strict liability
370Defences
371Additional penalty for certain offences for commercial gain
372Liability of principal for acts of agents
373Offences punishable on summary conviction
374Regulations about public health generally
375Regulations about needles and syringes and related products
376Regulations about housing improvement and overcrowding
377Special provisions as to regulations
378Transitional regulations
379Expiry of section 378
380Regulations and other enactments having effect under this Act
381Expiry of section 380
382Bylaws
383Existing health districts continue
384Director of Public Health continues in office
385Medical officers of health continue in office
386Health protection officers continue in office
387Other designated persons continue in office
388Environmental health officers continue in office
389Personal information
390Civil proceedings relating to nuisances
391Requirements to clean, repair, or close premises
392Consents relating to offensive trades and stock saleyards
393Specified requirements
394Tuberculosis Act 1948
395Ongoing matters under Part 3 or 4 of Health Act 1956
395AAmendments to Epidemic Preparedness Act 2006
395BInterpretation
395CInserting references to epidemic disease in principal Act
395DNew sections 27 and 28 and Schedule added
27Power of Governor-General to amend Schedule
28Temporary specification of epidemic disease
396Amendments to New Zealand Public Health and Disability Act 2000
397Repeals and revocations
398Consequential amendments
Legislative history

The Parliament of New Zealand enacts as follows: