Public Health Bill

Public Health Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Public Health Act 2007 . 2 Commencement This Act comes into force on a date to be appointed by the Governor-General by Order in Council. However, if this Act has not earlier been brought into force, it comes into force on the day that is 1 year after the date that it receives the Royal assent. 3 Purpose The purpose of this Act is to improve, promote, and protect public health in order to help attain optimal and equitable health outcomes for Māori and all other population groups. The features of this Act that are designed to achieve its purpose include provisions— a setting out clear and specific responsibilities for the identification and effective management of risks to public health (for example, by the prevention, investigation, and control of those risks), and in particular, risks to public health arising from— i communicable conditions; and ii non-communicable conditions; and iii the environment; and b setting out a structure that provides for appropriate risk identification, risk assessment, and reporting (locally, regionally, and nationally), in order to prevent, reduce, or eliminate risks to public health; and c aiming to reduce health inequalities by improving health outcomes for Māori and other population groups; and d enabling regulations to be made controlling specified activities that pose a risk to public health; and e placing responsibilities on territorial authorities to improve, promote, and protect public health within their districts (including the control of nuisances and the provision of sanitary services); and f imposing obligations on certain persons and agencies to provide accurate, comprehensive, and timely information on notifiable conditions and notifiable contaminants and other conditions posing a health risk; and g allowing the communication of information referred to in paragraph (f) in an appropriate form to assist in the management of health risks; and h allowing temporary health emergencies to be declared by the Minister of Health, or by regulations under this Act, to contain and manage a serious risk to public health; and i enabling measures to be undertaken in relation to craft, passengers, and goods entering or departing from New Zealand in order to— i minimise, prevent, or contain risks to public health; and ii comply with New Zealand’s obligations under the International Health Regulations (2005) promulgated by the World Health Organization. In seeking to achieve its purpose, the provisions of this Act reflect the need to— a take into account concerns by Māori in relation to public health and consult with Māori in developing and implementing public health policies and measures: ab recognise that the mechanisms provided for in Part 3 of the New Zealand Public Health and Disability Act 2000 with respect to the Treaty of Waitangi (being mechanisms to enable Māori to contribute to decision-making on, and to participate in the delivery of, health and disability services) apply in respect of public health functions of DHBs under this Act: ac take into account the well-being and protection of population groups vulnerable to risks to public health, including, without limitation, children, Pacific peoples, and people with disabilities: b protect public health when managing health risks where there is uncertainty or incomplete information about health effects: c ensure the exercise of powers under the provisions of this Act involves a response that is in proportion to the nature and seriousness of the risk to public health: d complement other legislation that seeks to improve, promote, and protect public health. 4 Interpretation In this Act, unless the context otherwise requires,— aircraft has the same meaning as in section 2 of the Civil Aviation Act 1990 airport means an aerodrome (as defined in section 2 of the Civil Aviation Act 1990) appropriate authority means— a a medical officer of health; and b any other person or organisation specified as an appropriate authority in regulations made under section 43 assessor means an assessor approved by the Director-General or a consent authority under section 245 case of a condition means an instance of a condition (not being a notifiable condition) in 1 person cluster or outbreak means 2 or more cases of a condition (whether or not a notifiable condition) in a person or persons that occur within a short period of time or within a geographical area, whether or not those cases are causally connected communicable condition means a condition that may be communicated to a person from a person, animal, insect, bird, reservoir, or vector, either directly or indirectly condition includes— a diseases (whether communicable or not): b physical harm caused by chemical, radiation, or other toxic exposure consent authority , in relation to a regulated activity of a particular kind, means a DHB or a territorial authority that may issue consents under section 204 contaminant means— a an organism pathogenic to humans: b any substance or other agent that is harmful to humans contamination means the presence of an infectious or toxic agent or matter that may present a risk to public health craft means an aircraft, ship, or other device or machine that can be used to carry or transport people or goods— a by air; or b on or under water DHB means a District Health Board constituted under section 19 of the New Zealand Public Health and Disability Act 2000 Director-General means the chief executive or acting chief executive under the State Sector Act 1988 of the Ministry of Health dwellinghouse means— a any building, tent, caravan, or other structure or erection, whether permanent or temporary, that is used or intended to be used in whole or in part for human habitation; and b includes the land or any outbuildings and appurtenances belonging to, or usually enjoyed with, that structure or erection dwellinghouse means any building, tent, caravan, mobile home, boat, or other structure or erection, whether permanent or temporary, that is used or intended to be used in whole or in part for human habitation environmental health officer means a person appointed as an environmental health officer under section 153(1)(a) epidemic disease means a disease specified in Part 2 of Schedule 1 epidemic notice means a notice under section 5(1) of the Epidemic Preparedness Act 2006 health impact assessment means a combination of procedures, methods, and tools— a by which a proposal, policy, plan, strategy, project, rule, consent, standard, guideline, or programme is assessed as to the effect it is likely to have on the health of a population or part of a population and the distribution of the effects within the population; and b that indicates whether the thing assessed is likely to have a positive or negative effect on the health of the population or part of the population health impact assessment means a combination of procedures, methods, and tools— a by which a policy, plan, programme, or project is assessed as to the effect it is likely to have on the health of the general population or a community or a section of the general population or a community and the distribution of those effects; and b that indicates whether the effect on health is likely to be positive or negative health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 health protection officer means a person appointed as a health protection officer under section 12(1)(b) health risk means a substantial risk that 1 or more individuals who have a condition pose to the health of 1 or more other persons because of the condition, having regard to— a the nature of the condition, including, without limitation, the transmissibility and mode of transmission of the condition; and b the relevant circumstances of the particular case health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 local authority has the same meaning as in section 5 of the Local Government Act 2002 medical examination means the examination or testing of a person for the purpose of determining whether the person has or is likely to have a condition, and includes— a the taking of a sample of tissue, blood, urine, or other bodily material for medical testing; and b any diagnostic tests required to detect the presence of a condition in a person medical officer of health means the medical officer of health for a health district appointed under section 12(1)(a) medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand (continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003) as a practitioner of the profession of medicine Minister means the Minister of Health Ministry means the Ministry of Health National Immunisation Schedule means the schedule known as the National Immunisation Schedule of the Ministry of Health and for the time being approved by the Minister, being a schedule specifying a programme of vaccinations to promote immunity against the diseases specified in the schedule notifiable condition means a condition specified in Part 1 of Schedule 1 as a notifiable condition notifiable contaminant means a contaminant specified in Schedule 2 as a notifiable contaminant owner , in relation to any land or premises,— a means the person for the time being entitled to receive the rent of the land or premises, whether on his or her own account or as the agent of or trustee for any other person, or who would be so entitled if the land or premises were let at a rent; and b includes any person for the time being registered under the Land Transfer Act 1952 as the proprietor of the land or premises passenger , in relation to a craft, means any person in or on it, whether lawfully or unlawfully, who is not a member of its crew point of entry — a means a place in New Zealand into which persons, baggage, cargo, conveyances, and other goods enter New Zealand from overseas or leave New Zealand to go overseas; and b includes those services provided at that place to facilitate the entry of those persons or things into New Zealand or their departure from New Zealand premises includes a ship or an aircraft provider has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 public health means the health of all of— a the people of New Zealand; or b a community or section of those people public health bylaw means a bylaw made under the Local Government Act 2002 or under any other enactment for the purpose of protecting, promoting, or maintaining public health or protecting the public from nuisance public health risk management plan means a plan prepared under section 228 regulated activity means an activity that is described in Schedule 3 in respect of which regulations have been made under Part 6 relevant consent authority , in relation to the carrying on, or proposed carrying on, of a regulated activity, means the consent authority responsible for the area where— a the premises are located in which the activity is, or is to be, carried on; or b if the activity is of a type that is not carried on from fixed premises, the person carrying on, or proposing to carry on, the activity resides or, in the case of a body corporate or partnership, where the office or the principal office of the body corporate or partnership is located reservoir means an animal, plant, or substance in which an infectious agent may live and whose presence may constitute a risk to public health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 specified person means any person prescribed as a specified person in regulations made under section 43 territorial authority has the same meaning as in section 5 of the Local Government Act 2002 vector means an agent or animal that may transport an infectious living agent that constitutes a risk to public health. In this Act, a reference to an individual who has a condition includes an individual who harbours the condition, even if the individual does not exhibit any of the symptoms of the condition. 5 Act to bind the Crown This Act binds the Crown. 6 Functions of Minister The Minister has the function of ensuring the effective and efficient administration of this Act. The Minister also has the functions set out in— a section 11(2) (presenting the annual report to the House of Representatives): b section 259 (which enables the Minister to declare a health emergency): c sections 260 and 261 (which enable the Minister to extend a health emergency, and amend or revoke the declaration of emergency): d section 262 (which requires the Minister to review the need for a health emergency declaration at regular intervals): e section 282 (which enables the Minister to designate places of inspection for ships): f section 283 (which enables the Minister to declare any place in New Zealand to be an affected place for the purposes of subpart 2 of Part 7 ): g any other provisions of this Act or regulations made under this Act that confer a function on the Minister. 7 Functions of Director-General The Director-General has the function of— aa improving, promoting, and protecting public health; and a overseeing and monitoring the implementation and enforcement of this Act throughout New Zealand (whether at local, regional district , or national level), and in particular, monitoring and overseeing— i the role of DHBs, medical officers of health, and health protection officers in enforcing this Act and exercising the powers conferred by it, at a regional district level; and ii the manner in which measures for human health protection are undertaken at the border; and iii prosecutions undertaken by bodies employing medical officers of health or health protection officers for offences against this Act or regulations made under this Act; and b ensuring that the role of the national focal point a central contact point in New Zealand for the purposes of carrying out New Zealand's obligations under any international agreement concerning public health (national focal point) is carried out within the Ministry of Health; and c publishing statements relating to risks to public health, or to the performance or non-performance of any duty imposed on any person by or under this Act or any regulations made under this Act in order to protect the public; and d carrying out the other functions given to the Director-General by this subpart, any other provision of this Act, and any regulations made under this Act. Every statement published under subsection (1)(c) is protected by qualified privilege. Nothing in this section— a limits any other enactment or rule of law; or b limits the functions of the Director-General or of any other person or body. 8 Powers of direction The Director-General may issue a direction in writing to any person carrying out functions or exercising powers under this Act or any regulations made under this Act (other than the Minister) about the way in which those functions or powers are to be carried out or exercised by that person . Before issuing a direction under this section, the Director-General must— a consult with the person or persons to whom the direction would be issued; and b take account of any submission made by that person to the Director-General within a period specified by the Director-General (being a period that is reasonable in the circumstances). No direction may be issued under this section that would require the disclosure of any information about an individual that would identify that individual. As soon as practicable after issuing a direction under this section, the Director-General must publish it in the Gazette . A person to whom any direction is issued under this section must ensure that it is complied with. However, an action taken by a person to whom a direction is issued under this section is not invalid by reason only of a failure of that person to comply with the direction. 9 Form of direction to organisation If the person required to carry out a function or exercise a power under this Act or any regulations made under this Act is not an individual but instead a department of State, local authority, DHB, or other body corporate, any direction under section 8 must be issued to the chief executive (however described) of the organisation. 10 Delegation of functions or powers The Director-General may, either generally or particularly, delegate any functions or powers under this Act or any regulations made under this Act to any other person (being an employee of the Ministry or a DHB (an authorised person )). The Director-General may, either generally or particularly— a delegate any functions or powers under this Act or any regulations under this Act (other than the powers conferred by this section or section 8 ) to an employee of the Ministry; and b delegate any functions or powers under this Act (other than the powers conferred by this section or section 8 or the functions and powers conferred by section 12) to an employee of a DHB. In any case where the Director-General has, under subsection (1) , delegated any functions or powers to any authorised person, that person may, with the prior approval in writing of the Director-General, delegate any of those functions or powers that the Director-General approves to any other person. Subject to any general or special directions given or conditions imposed by the Director-General, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation. The power of the Director-General does not limit any power of delegation conferred on the Director-General by any other Act (for example, section 41 of the State Sector Act 1988). Every person purporting to act under any delegation under this section is, in the absence of proof to the contrary, to be presumed to be acting in accordance with the terms of the delegation. Any delegation under this section may be made to an authorised person or to authorised persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices held by authorised persons. A delegation under this section does not affect or prevent the exercise of any function or power by the Director-General, or the responsibility of the Director-General for the actions of any person acting under the delegation. 11 Director-General must produce annual report on current state of public health The Director-General must in each year give to the Minister a report on the current state of public health. The Minister must present a copy of the annual report to the House of Representatives not later than the 12th sitting day of the House of Representatives after the Minister receives the report. 12 Health protection officers and medical officers of health The Director-General must appoint— a a number of medical practitioners who are suitably qualified and experienced in public health medicine as medical officers of health; and b in accordance with any applicable regulations, a number of other suitably qualified and experienced persons as health protection officers. The number of persons appointed under subsection (1) , must, in the opinion of the Director-General, be the number required to undertake those roles. When the Director-General appoints a medical officer of health, the Director-General must, at the same time, determine the health district or districts within which the powers and duties of the officer may be performed or exercised. When the Director-General appoints a medical officer of health,— a the Director-General must, at the same time, determine the health district or districts within which the powers and duties of the officer may be performed or exercised; and b the medical officer of health may exercise powers and carry out duties in the district or districts determined under paragraph (a) and also in any district adjoining that district or those districts. Despite any other enactment, the Director-General may appoint, as officers who have powers or duties under any other enactment, as many persons as, in the opinion of the Director-General, are required to undertake those roles. An appointment by the Director-General under this section may be made on any terms and conditions that the Director-General considers appropriate. A person who is appointed as a health protection officer, medical officer of health, or other officer must exercise or carry out his or her powers and functions in accordance with any directions given by the Director-General under section 8 . The fact that any appointed person exercises a power or carries out a function in any health district is evidence of his or her authority to do so. 13 Exercise of certain powers This section applies if, under any enactment, a reasonable belief is a prerequisite for the exercise of a power by a person appointed under section 12 . If this section applies, it is sufficient if the appointed person exercises that power— a at the direction of the Director-General or any other person appointed by the Director-General for the purposes of this section; and b at a time when the Director-General or other person authorised to give a direction held the belief that was a prerequisite in relation to the exercise of the power. 14 Health districts The Director-General may at any time, by notice in the Gazette , divide New Zealand or any part of New Zealand into health districts with any names and boundaries that the Director-General considers appropriate. However, the boundaries of a health district— a must be fixed by reference to the boundaries of the territorial authorities within the district; and b alter whenever those boundaries are altered; and c must not include only a part of a territorial authority district. 15 Responsibility for public health in areas outside jurisdiction of local authorities The improvement, promotion, and protection of public health in any outlying islands or other areas that are not, for the time being, within the jurisdiction of any local authority or port company is a function of the Ministry. For the purposes of this section,— a the Ministry is deemed to be a local authority; and b the powers of the Ministry may be exercised by the Director-General or any employee or employees of the Ministry authorised by the Director-General; and c regulations may be made under section 374 — i to give effect to this section; and ii to prescribe reasonable fees payable by owners or occupiers of land within which the Ministry has jurisdiction under this section to enable expenditure by the Ministry in relation to that land to be recouped; and d all fees payable under those regulations may be recovered as a debt due to the Crown; and e all expenditure incurred by the Ministry in the exercise of its powers and functions under this section that is not recouped from fees must be paid out of money appropriated by Parliament. 16 Director-General may act as or must appoint medical officer of health If the Director-General is a medical practitioner suitably qualified and experienced in public health medicine, the Director-General— a has all the functions of a medical officer of health; and b may exercise those functions anywhere in New Zealand. If the Director-General has the qualifications and experience referred to in subsection (1) , the Director-General may designate the Director of Public Health, or any other medical practitioner or practitioners employed in the Ministry who is or are suitably experienced and qualified in public health medicine, to exercise the functions of a medical officer of health anywhere in New Zealand. If the Director-General does not have the qualifications and experience referred to in subsection (1) , the Director- General must designate a the Director of Public Health, and any other medical practitioner or practitioners employed in the Ministry who is or are suitably experienced and qualified in public health medicine, to exercise the functions of a medical officer of health anywhere in New Zealand. 17 Functions of Director of Public Health There continues to be a Director of Public Health who is appointed by the Director-General under the State Sector Act 1988. The Director of Public Health must be a medical practitioner who is suitably experienced and qualified in public health medicine. The Director of Public Health has the function of advising the Director-General on matters relating to public health, including— a personal health matters relating to public health: and b regulatory matters relating to public health. Nothing in this section limits— a any other enactment or rule of law; or b the functions of the Ministry or of any other person or body. 18 Director of Public Health may provide advice or reports to Minister The Director of Public Health may at any time,— a advise the Minister on any matter relating to public health: b report to the Minister on any matter relating to public health. In exercising his or her functions under this section, the Director of Public Health— a is not responsible to the Director-General; and b acts independently. Nothing in this section limits— a the responsibility of the Director of Public Health to the Director-General for the efficient, effective, and economical management of his or her activities; or b section 11 . 19 Public health functions of DHBs The public health functions of a DHB are to— a employ a sufficient number of those persons appointed by the Director-General as a medical officer of health or a health protection officer to implement and enforce this Act in the geographical area in respect of which the DHB is constituted; and b monitor and identify (whether through routine surveillance, investigations by health protection officers, data collection, or other means) risks to public health in the geographical area in respect of which the DHB is constituted; and c assess and, where appropriate, report to the Director-General on those risks; and d where appropriate, and reasonable in the circumstances, take steps to contain and manage those risks. A DHB may, with the agreement of the Director-General, arrange for another DHB to carry out some or all of its functions under this Act or any regulations made under this Act. Subsection (2) does not limit ways in which a DHB can carry out its functions under this section or the persons it may employ or engage in that task. 19A Reporting functions of medical officers of health A medical officer of health employed under section 19(1)(a) has the function of advising the Director of Public Health on matters relating to public health in the health district or districts for which they are responsible, including— a personal matters relating to public health; and b regulatory matters relating to public health. In exercising his or her functions under this section the medical officer of health— a is not responsible to the DHB that employs him or her; and b acts independently. 19B Medical officer of health may provide advice or reports to DHB A medical officer of health may at any time with the agreement of the Director of Public Health,— a advise the board of the DHB that employs that medical officer of health on any matter relating to public health in the DHB's district that in the opinion of the medical officer of health is urgent or significant: b report to the board of the DHB on any matter relating to public health in the DHB's district that in the opinion of the medical officer of health is urgent or significant. 19C General powers and duties of territorial authorities in respect of public health It is the duty of every territorial authority to improve, promote, and protect public health within its district so far as the powers and functions conferred on it by this Act enable it to do so, and for that purpose every territorial authority must— a appoint, or arrange for another territorial authority to appoint, as many appropriately qualified environmental health officers and other officers and employees as in its opinion are necessary for the proper discharge of its duties under this Act: b cause inspections of its district to be regularly made for the purpose of ascertaining whether any nuisances exist in the district: c if satisfied that a nuisance exists in the district, take all proper steps to stop the nuisance: d if premises present a risk to public health, take any remedial action required to prevent that risk (such as cleansing or disinfecting the premises): e perform, within its district, any functions conferred on it by any regulations under this Act and to enforce those regulations within the district: f where appropriate, make public health bylaws. Subsection (1) does not limit the Local Government Act 2002. A territorial authority may delegate its powers and functions under this Act to any other territorial authority. To avoid doubt, no delegation relieves the territorial authority of the liability or legal responsibility to perform, or ensure the performance of, any function or duty under this Act. 19CA Collaboration between local authorities and DHBs A territorial authority, regional council, or DHB may at any time engage with another territorial authority, regional council, or DHB to develop non-binding district protocols to agree how responsibilities and roles within the district will be divided and how co-operation will occur. 19D Duty of territorial authority to have environmental health officers For the purposes of this Part, every territorial authority must be able to access the services of a sufficient number of environmental health officers. Every territorial authority is accountable to the Director-General for compliance with the duty imposed by subsection (1) . A territorial authority may comply with subsection (1) , in whole or in part, by obtaining, under an arrangement with another territorial authority, the right to access the services of the environmental health officers of the other territorial authority. The Director-General may, by direction in writing, require a territorial authority to appoint, or make arrangements for the appointment of, a minimum number of environmental health officers. Before the Director-General issues a direction under subsection (4) , the Director-General must consult with the territorial authority about the proposed direction. If any territorial authority fails to appoint or to continue to employ the number of environmental health officers specified in any notice given under subsection (4) , then— a any health protection officer authorised by the Director-General may carry out the duties of an environmental health officer within the district of that territorial authority; and b the salary and other expenses of the health protection officer are payable by the territorial authority. The salary payable under subsection (6)(b) for any period during which a health protection officer works as an environmental health officer on a part-time basis must be calculated and paid as a pro-rata proportion of the health protection officer's full-time salary. This section does not limit the power of the Director-General to give directions under section 8 . 19E Provisions governing appointments A territorial authority must not appoint a person as an environmental health officer unless satisfied— a that the person is suitably qualified and experienced; and b if any regulations governing the appointment of environmental health officers are in force, that the appointment complies with those regulations. The territorial authority may do any or all of the following: a appoint persons to enforce all or specified provisions of Part 5 that the territorial authority is responsible for enforcing: b appoint environmental health officers to exercise all or specified powers given to environmental health officers by Part 5 : c appoint persons subject to limitations or restrictions on the exercise of their powers. The territorial authority must provide every person appointed as an environmental health officer with a warrant or other instrument of appointment that specifies the powers the officer may exercise. 19F Functions of environmental health officers An environmental health officer has the following functions within the district of the territorial authority concerned: a to take action under Part 5 , under any bylaws, and under section 329 (which provides for the service of compliance orders) to— i detect, prevent, stop, and prosecute nuisances; and ii assist any medical officer of health or health protection officer responsible within an area in the district, on request, to take such action: b to advise the relevant local authority on environmental health matters involved in the development of district and regional plans under the Resource Management Act 1991: c to advise the territorial authority on environmental health matters involved in plans and assessments developed under the Local Government Act 2002 and, in particular, on the water and sanitary services assessments prepared under that Act: d to provide general advice to the territorial authority on those of its activities that relate to public health. 20 Interpretation In this subpart, unless the context otherwise requires,— agency has the same meaning as in section 2 of the Privacy Act 1993 disability support services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 health information , in relation to an identifiable individual, means— a information about the health of that individual, including that individual’s medical history: b information about any disabilities that the individual has, or has had: c information about any health services or disability support services that are being provided, or have been provided, to that individual: d information provided by that individual in connection with the donation, by that individual, of any body part, or any bodily substance of the individual, or derived from the testing or examination of any body part or any bodily substance of that individual: e information about the individual that is collected before or in the course of, and incidental to, the provision of any health service or disability support service to that individual: f for the purpose of section 23 and for that purpose only, information relating to any body part or bodily substance donated by an individual and relevant (whether directly or indirectly) to the donation representative , in relation to any individual, means,— a where the individual is dead, that individual’s personal representative: b where the individual is under the age of 16 years, that individual’s parent or guardian: c subject to paragraphs (a) and (b) , where the individual is unable to give his or her consent or authority or to otherwise exercise his or her rights under this Part, a person appearing to be lawfully acting on the individual’s behalf or in that individual’s interests. 21 Disclosure of health information Any person (being an agency that provides services or arranges the provision of services) may disclose health information— a if that information— i is required by any person specified in subsection (2) ; and ii is required (or, in the case of the purpose set out in paragraph (j) of that subsection, is essential) for the purpose set out in that subsection in relation to the person so specified; or b if that disclosure is permitted— i by or under a code of practice issued under section 46 of the Privacy Act 1993; or ii if no such code of practice applies in relation to the information, by any of the information privacy principles set out in section 6 of that Act. The persons and purposes referred to in subsection (1)(a) are as follows: a a medical officer of a prison within the meaning of the Corrections Act 2004, for the purposes of exercising or performing any of that person’s powers, duties, or functions under that Act: b a probation officer within the meaning of the Corrections Act 2004, for the purposes of exercising or performing any of that person’s powers, duties, or functions under any enactment: c a social worker or a care and protection co-ordinator within the meaning of section 2(1) of the Children, Young Persons, and Their Families Act 1989, for the purposes of exercising or performing any of that person’s powers, duties, or functions under that Act: d an employee of the department for the time being responsible for the administration of the Social Security Act 1964, for the purposes of administering section 75 of that Act: e a member of the New Zealand Defence Force, for the purposes of administering the Armed Forces Discipline Act 1971 or the Defence Act 1990: f a member of the Police, for the purposes of exercising or performing any of that person’s powers, duties, or functions: g an employee of the Ministry of Health, for the purposes of— i exercising any power or performing any function or duty under this Act; or ii compiling statistics for health purposes: ga an officer appointed under section 60 of the Agricultural Compounds and Veterinary Medicines Act 1997 for the purpose of exercising or performing any of that person's powers, duties, or functions under that Act: gb an officer appointed under section 78 of the Animal Products Act 1999 for the purpose of exercising or performing any of that person's powers, duties, or functions under that Act: gc an officer appointed under section 7 of the Food Act 1981 for the purpose of exercising or performing any of that person's powers, duties, or functions under that Act: gd an officer appointed under section 55 of the Wine Act 2003 for the purpose of exercising or performing any of that person's powers, duties, or functions under that Act: h an employee of the New Zealand Food Safety Authority authorised by the chief executive of that Authority to receive the information, for the purposes of performing any function under the Animal Products Act 1999: statistical or research purposes relating to the functions of the New Zealand Food Safety Authority: i an employee of Land Transport New Zealand, for statistical or research purposes in relation to road safety or the environment: j an employee of a DHB, for the purposes of exercising or performing any of that DHB’s powers, duties, or functions under the New Zealand Public Health and Disability Act 2000 or section 19 of this Act: k an employee of the Accident Compensation Corporation, for the purposes of exercising or performing any functions under section 279 of the Injury Prevention, Rehabilitation, and Compensation Act 2001: l an employee of the Department of Labour authorised by the Chief Executive of that Department to receive information for the purposes of performing any function under the Health and Safety in Employment Act 1992. For the purposes of information privacy principle 11(d) of the Privacy Act 1993, the disclosure of health information about an individual may be authorised— a by the individual personally, if he or she has attained the age of 16 years; or ab by the individual personally if he or she is less than 16 years of age and, in the opinion of the person seeking the authority or to whom the authority is being communicated, the individual has the capacity to— i understand the nature, and foresee the consequences, of giving the authority; and ii communicate that authority; or b by a representative of that individual. The chief executive of the Department of Labour may provide any information received under subsection (2)(l) to any agency designated under section 28B of the Health and Safety and Employment Act 1992, but only for the purpose of supporting the agency's functions under that Act. 22 Duty to provide health information The Minister may at any time, by notice in writing, require any provider or funder of services to provide, in such manner as may from time to time be required, such returns or other information as is specified in the notice concerning the condition or treatment of, or the services provided to, any individuals in order to obtain statistics for health information purposes or for the purposes of advancing health knowledge, health education, or health research. Subject to subsection (3) , it is the duty of a provider or funder of services to provide the returns or other information specified in a notice given to it under subsection (1) within the time, and in the form, specified in the notice. No information that would enable the identification of an individual may be provided under this section unless— a the individual consents to the provision of such information; or b the identifying information is essential for the purposes for which the information is sought. For the purposes of subsection (3)(a) , consent to the provision of information may be given— a by the individual personally, if he or she has attained the age of 16 years; or ab by the individual personally if he or she is less than 16 years of age and, in the opinion of the person seeking the authority or to whom the authority is being communicated, the individual has the capacity to— i understand the nature, and foresee the consequences, of giving the authority; and ii communicate that authority; or b by a representative of that individual. For the purpose of this section, funder means any person (other than a natural person) or organisation that funds the provision of services, whether that person or organisation is a public funder or not. 23 Duty to provide information for purposes of blood collection The Minister may, at any time, by notice in writing, require a DHB to provide to an entity appointed under section 92H of Health Act 1956, 63 of the Human Tissue Act 2008 in the manner that the Minister specifies in the notice, the health information that the Minister specifies. 24 Communication of information for diagnostic and other purposes Every person who holds health information of any kind must, at the request of the individual about whom the information is held, or a representative of that individual, or any other person that is providing, or is to provide, services to that individual, disclose that information to that individual or, as the case requires, to that representative or to that other person. A person that holds health information may refuse to disclose that information under this section if— a that person has a lawful excuse for not disclosing that information; or b where the information is requested by someone other than the individual about whom it is held, the holder of the information has reasonable grounds for believing that that individual does not or would not wish the information to be disclosed; or c where the information is requested by a representative of the individual about whom it is held— i disclosure would be contrary to the individual’s interests; or ii there would be good grounds for withholding the information under Part 4 of the Privacy Act 1993 if the request had been made by the individual. For the purposes of subsection (2)(a) , none of the following constitute a lawful excuse for not disclosing information under this section: a the fact that any payment due to the holder of any information or to any other person has not been made: b the need to avoid prejudice to the commercial position of the holder of any information or of any other person: c the fact that disclosure is not permitted under any of the information privacy principles set out in section 6 of the Privacy Act 1993. Where any person refuses to disclose health information in response to a request made under this section, the person whose request is refused may make a complaint to the Privacy Commissioner under Part 8 of the Privacy Act 1993, and that Part of that Act, so far as applicable and with all necessary modifications, applies in relation to that complaint as if the refusal to which the complaint relates were a refusal to make information available in response to an information privacy request within the meaning of that Act. Nothing in subsection (4) limits any other remedy that is available to any person who is aggrieved by any refusal to disclose information under this section. 25 Anonymous health information Despite any enactment, rule of law, or other obligation, any person may supply to any other person health information that does not enable the identification of the individual to whom the information relates. 26 Regulations as to retention of health information The Governor-General may, by Order in Council made on the advice of the Minister given after consultation with persons, or representatives of persons (including, without limitation, health consumers), or bodies likely to be affected , make regulations providing for all or any of the following matters: a the minimum periods for which health information or specimens, or any class or classes of health information or specimens, must be retained by any person or class or classes of person specified in the regulations: b the safeguards to be taken by any holder, or any class or classes of holder, of health information or specimens, to ensure that health information or specimens, or any class or classes of health information or specimens, is protected against all or any of the following: i loss, damage, or destruction: ii access, use, modification, or disclosure, except where properly authorised: iii other misuse: c the procedures (including procedures requiring notification to the public, or any section of the public, or to any particular persons) to be followed by any holder, or any class or classes of holder, of health information or specimens, or any class or classes of health information or specimens, before that information or those specimens may be destroyed. In this section, specimen means a bodily sample or tissue sample taken from a person 27 Interpretation In this subpart, unless the context otherwise requires,— historical public funder means— a the Health Funding Authority or a person authorised by the Health Funding Authority to make payments: b a regional health authority or a person authorised by a regional health authority to make payments: c Health Benefits Limited: d a hospital and health service: e a Crown health enterprise: f an area health board: g a hospital board: h the Department of Health Pharmac has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 pharmaceutical schedule has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 provider has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 public funder means— a the Ministry of Health: b a DHB: c any person (whether an individual or a body corporate), while helping an organisation referred to in paragraph (a) or (b) to carry out its function as a public funder subsidy authorisation means the authorisation by a provider of the provision of services by another provider where that other provider may then make a subsidy claim for those services subsidy claim means a claim by a provider to a public funder or historical public funder for a payment for services provided to a person verifying compliance with the requirements of the pharmaceutical schedule includes assessing whether a provider has complied, or is complying, with any matter of eligibility or criteria for the provision of subsidies contained in the pharmaceutical schedule in making a subsidy authorisation or subsidy claim. 28 Inspection of records to verify compliance with subsidy authorisation or subsidy claim For the purpose of verifying a subsidy claim or subsidy authorisation, the Director-General or the chief executive of a DHB may require a provider to make available for inspection any records of the provider that relate to the subsidy authorisation or subsidy claim. Without limiting subsection (1) , a requirement under that subsection may include a requirement for a provider to make records available if— a that provider has provided services to a person in respect of whom a subsidy claim has been made (whether by that provider or another person); or b that provider has made a subsidy authorisation for a person that relates to services provided as part of an episode of care for the person resulting in a subsidy claim (for example, if a medical practitioner prescribes a medicine and there is a subsidy claim by a pharmacist in respect of the medicine, or if a medical practitioner refers the person to another medical practitioner resulting in a subsidy claim by that other medical practitioner). If the Director-General or the chief executive of a DHB requires a provider to make records available under subsection (1) , the Director-General or chief executive of the DHB must authorise, in writing, 1 or more of the following individuals to undertake the inspection: a a person who holds a relevant professional qualification: b any other person the Director-General or chief executive of the DHB considers appropriate. Each of the 1 or more individuals undertaking an inspection must show their authority to the provider when undertaking the inspection. Any person authorised under subsection (3) may copy or take notes of those records for the purposes of the inspection. 29 Inspection of provider records to verify compliance with the pharmaceutical schedule For the purpose of verifying compliance with the requirements of the pharmaceutical schedule, the Director-General or the chief executive of a DHB or the chief executive of Pharmac may require a provider to make available for inspection any records of the provider. If the Director-General or the chief executive of a DHB or the chief executive of Pharmac requires a provider to make records available under subsection (1) , he or she must authorise, in writing, 1 or more of the following individuals to undertake the inspection: a a person who holds a relevant professional qualification: b any other person the Director-General or the chief executive of the DHB or the chief executive of Pharmac considers appropriate. Each of the 1 or more individuals undertaking an inspection must show their authority to the provider when undertaking the inspection. Any person authorised under subsection (2) may copy or take notes of those records for the purposes of the inspection. 30 Contravention of section 28 or 29 an offence Any provider who fails to comply with a requirement made under section 28 or 29 commits an offence and is liable on summary conviction to a fine not exceeding $10,000. 31 Duty to report matters that constitute public health risk A medical practitioner or specified person (the reporting person ) must report to a medical officer of health— a if the reporting person has reasonable grounds to suspect that a case of a condition, or a cluster or outbreak has occurred; and b the reporting person considers that it is likely that the case of the condition, or the cluster or outbreak, is a risk to public health. The information that must be reported is— a the nature of the condition; and b the time, date, and location (if known) of the case or cluster or outbreak; and c the nature and extent (whether geographical or otherwise) of the risk to public health that the reporting person considers exists; and d any other information required by regulations made under section 43 . If the medical officer of health considers that the information provided under subsection (2) is insufficient for the purposes of this subpart, he or she may require the reporting person to provide the following information, if known by the reporting person, about the person or persons who have, or may have, the condition: a name and address: b national health index number. 32 Medical practitioner or specified person must notify notifiable condition This section applies if a medical practitioner or specified person has attended to a person or otherwise provided care for a person (including attending to the body of a person who is deceased). The medical practitioner or specified person (the notifying person ) must notify the appropriate authority— a if— i the notifying person has reasonable grounds to believe that the person has a condition or in the case of a deceased person, had a notifiable condition; or ii Schedule 1 provides that the disease or other condition is one that must be notified on reasonable suspicion, and the notifying person has reasonable grounds to suspect that the person may have a notifiable condition or in the case of a deceased person, may have had a notifiable condition; and b Schedule 1 specifies that the disease or other condition is one that the notifying person is required to notify. The information that must be notified is— a the notifiable condition concerned, and whether it is suspected (if applicable) or confirmed; and b if Schedule 1 provides that the condition is one where identifying details are required to be notified, and if known by the notifying person, the name, address, and national health index number of the person who has or may have (or had or may have had) the condition; and b the identifying details (if any) specified in Schedule 1 in relation to the person who has or may have (or had or may have had) the condition, if known by the notifying person; and c any other information required by regulations made under section 43 . The notification must be made as soon as practicable or within any period of time that may be specified in Schedule 1 regulations made under section 43 in relation to a particular condition. If a condition is one where identifying details are not to be notified but the appropriate authority considers in a particular case that the information provided in the notification is insufficient for the purposes of this subpart, the appropriate authority may require the notifying person to provide the information described in subsection (3)(b) , if known by the notifying person. If a condition is one where no identifying details or less than full identifying details are required to be notified but the appropriate authority considers in a particular case that the information provided in the notification is insufficient to enable a public health response, the appropriate authority may require the notifying person to provide the following in relation to the person who has (or had or may have had) the condition, if known by the notifying person: a name and address: b national health index number. 33 Laboratory must notify notifiable condition A person in charge of a laboratory must notify the appropriate authority if— a the person in charge has reasonable grounds to believe that the results from any test of any specimen indicate that the person from whom the specimen was taken— i has a notifiable condition; or ii in the case of a deceased person, had a notifiable condition; and b Schedule 1 specifies that the notifiable disease or other notifiable condition is one that the person in charge is required to notify. The information that must be notified is— a the notifiable condition concerned, and whether it is suspected (if applicable) or confirmed; and b if Schedule 1 provides that the condition is one where identifying details are required to be notified, and if known by the person in charge, the name, address, and national health index number of the person who has or had the condition; and b the identifying details (if any) specified in Schedule 1 in relation to the person who has or may have (or had or may have had) the condition, if known by the notifying person; and c any other information required by regulations made under section 43 . The notification must be made as soon as practicable or within any period of time that may be specified in Schedule 1 regulations made under section 43 in relation to a particular condition. If a condition is one where identifying details are not to be notified but the appropriate authority considers in a particular case that the information provided in the notification is insufficient for the purposes of this subpart, the appropriate authority may require the notifying person to provide the information described in subsection (2)(b) , if known by the reporting person. If a condition is one where no identifying details or less than full identifying details are required to be notified but the appropriate authority considers in a particular case that the information provided in the notification is insufficient to enable a public health response, the appropriate authority may require the notifying person to provide the following in relation to the person who has (or had or may have had) the condition, if known by the notifying person: a name and address: b national health index number. 34 Laboratory must notify notifiable contaminants The person in charge of a laboratory must notify the appropriate authority if the person in charge has reasonable grounds to believe that the results from any test of a sample indicate the presence of a notifiable contaminant in that sample. The information that must be notified is— a the notifiable contaminant concerned; and b the nature of the sample; and c the location from which the sample was taken or (if that location is not known) the name of the person who, or organisation that, collected the sample; and d the level of contaminant found in the sample. The notification must be made as soon as practicable or within any period of time that may be specified in Schedule 2 regulations made under section 43 in relation to a particular contaminant. 35 Person who obtains result of test of sample overseas must notify contaminant This section applies if— a a person has obtained the results of a test of a sample performed in a laboratory outside New Zealand on a sample taken in New Zealand ; and b the person has reasonable grounds to believe that the results of the test indicate the presence of a notifiable contaminant in the sample. The person must notify the appropriate authority. The information that must be notified is— a the notifiable contaminant; and b the nature of the sample; and c the location from which the sample was taken or (if that location is not known) the name of the person who, or organisation that, collected the sample; and d the level of contaminant found in the sample. The notification must be made as soon as practicable or within any period of time that may be specified in Schedule 2 regulations made under section 43 in relation to a particular contaminant. 36 Notifiable conditions in animals Regulations made under section 43 may specify the notifiable conditions to which this section applies. A veterinary surgeon must notify the appropriate authority if the veterinary surgeon has reasonable grounds to believe that an animal professionally attended by that veterinary surgeon has a notifiable condition to which this section applies. A person in charge of a laboratory must notify the appropriate authority if the person in charge has reasonable grounds to consider, as a result of investigations made in that laboratory, that an animal has, or has had, a notifiable condition to which this section applies. The person in charge of a laboratory is not required to make the notification in subsection (3) if that person is satisfied that notice has been given under subsection (2) in respect of that animal. The information that must be notified under subsection (2) or (3) is— a the notifiable condition concerned; and b any other information required by regulations made under section 43 . The notification must be made as soon as practicable or within any period of time that may be specified in regulations made under section 43 . Nothing in this section applies in respect of any animal found to be suffering from a notifiable condition in the course of any campaign for the eradication of that condition conducted by or at the instance of the Ministry of Agriculture and Forestry. 37 Power of Governor-General to amend schedules The Governor-General may by Order in Council, on the recommendation of the Minister,— a amend Part 1 of Schedule 1 to— i add to, omit from, or otherwise amend any item in the list of notifiable conditions: ii add any item to or omit any item from the list of notifiable conditions: b amend Part 2 of Schedule 1 by adding or omitting the name of a disease or substituting a new name for a disease: c amend Schedule 2 to— i add to, omit from, or otherwise amend any item in the list of notifiable contaminants: ii add any item to or omit any item from the list of notifiable contaminants. For the purposes of subsection (1) ,— a an item, in relation to a particular condition in Part 1 of Schedule 1 , means the name of the condition set out in column 1 of that schedule and any other matters set out in relation to that condition in the second, third, fourth, and fifth columns of that schedule; and b an item, in relation to a particular contaminant in Schedule 2 , means the name of the contaminant set out in column 1 of that schedule and any matter set out in the second column of that schedule. Before recommending an amendment under subsection (1)(a) , the Minister must take the following factors into account: a the level and nature of the risk to an affected person posed by a condition, or to others who may contract the condition from the person, taking into account the seriousness of the condition and the ease with which others may be infected its mode of transmission : b the extent to which making a condition notifiable would inform or enable effective action for its prevention or management: c whether a condition is listed included on the National Immunisation Schedule or its inclusion is planned for : d whether a condition may develop into a more serious condition if not controlled and the potential for achieving that control: e whether a condition indicates— i environmental factors that may contribute to existence of the condition: ii a concern that, of itself or taken together with similar notifications may require a response to minimise risk to public health: iii whether the disease or other condition indicates may indicate an act of terrorism: f whether making a condition notifiable is necessary or desirable in order to comply with any international obligation that New Zealand may have in relation to health: g whether identifying details of a person who has or may have (or had or may have had) a condition should be required as part of a notification of that condition. Before recommending an amendment under subsection (1)(b) , the Minister must be satisfied that the effects of an outbreak of the disease might disrupt or continue to disrupt essential governmental and business activity in New Zealand (or parts of New Zealand) significantly. Before recommending an amendment under subsection (1)(c) , the Minister must be satisfied that the presence of the contaminant is indicative of, or likely to lead to the development of,— a a notifiable condition in a person; or b any other significant risk to public health. Before recommending an amendment under subsection (1) the Minister must consult with any representative groups or other bodies or persons within the health sector that the Minister considers appropriate. Subsection (5A) does not apply if the Minister considers in a particular case that the making of an order under subsection (1) is a matter of urgency in the public interest. Schedule 2 may incorporate by reference all or any of the following: a items that are notifiable contaminants: b descriptions of those items: c descriptions of how the levels of a contaminant are calculated. Subsection (6) is subject to sections 337 to 344 (the standard provisions about incorporation by reference). 38 Temporary specification of notifiable condition or epidemic disease The Director-General Minister may, on the grounds specified in subsection (2) , by notification in the Gazette , amend Part 1 of Schedule 1 to add any item to the list of notifiable conditions declare that the provisions of this Act apply as if a particular condition specified in the notice were a notifiable condition . The Director-General Minister may exercise the power in subsection (1) if he or she considers that it is reasonably necessary on any grounds, including, without limitation,— a that there is an urgent need to specify a treat the condition as if it were a notifiable condition; or b that the public health significance of the condition is still being determined. The Director-General may, by notification in the Gazette , amend Part 2 of Schedule 1 to add the name of a disease. An amendment to Schedule 1 made under subsection (1) or (3) A notice under this section takes effect on the day after the date that it is notified in the Gazette and expires 6 3 months after that date unless earlier revoked by an Order in Council made under section 37 . 39 Duty of confidentiality and authorised disclosure of identifying particulars obtained from report or notification This section applies to— a any person who, as part of reporting or notifying information under this Part, reports or notifies any identifying particulars of any person to whom the report or notification relates (the identifying particulars ); and b an appropriate authority that receives any information containing the identifying particulars. A person described in subsection (1) may disclose the identifying particulars to another person only if— a authorised by this Act; or b disclosure is reasonably required in a particular circumstance to enable— i the treatment of the person whose identifying particulars they are; or ii action to be taken to protect public health. If subsection (2) authorises identifying particulars to be disclosed to any person other than a provider or funder, that information may only be disclosed with the prior written approval of a medical officer of health. If subsection (2)(b) authorises identifying particulars to be disclosed to any person other than a provider or funder, that information may be disclosed only— a with the prior written approval of a medical officer of health; or b with the prior written authority of the person whose identifying particulars they are. Subsection (3) does not apply if the person proposing to disclose information under subsection (2) is a medical officer of health. For the purpose of this section, funder means any person (other than a natural person) or organisation that funds the provision of services, whether that person or organisation is a public funder or not. 40 Medical officer of health may authorise disclosure of notification information A medical officer of health may authorise the disclosure of information obtained from reports or notifications given under this Part if the information is disclosed in a form that could not reasonably be expected to identify any individual in relation to whom a report or notification was given. 41 Duty to provide information regarding obligations to report and notify Every medical practitioner and specified person must ensure that there is available to any person about whom information may be reported or notified under this Part written information that— a explains the medical practitioner’s or specified person’s duty to report and notify under this Part; and b states who may have access to the information and what the information is used for. Every manager of a laboratory must ensure that there is available to any person about whom information may be notified under this Part written information that explains the manager’s duty to notify under this Part. The information in subsection (1) or (2) need not be provided individually to each person concerned but may be conveyed by use of a general notice in a waiting room or other means appropriate in the circumstances. If a person about whom information may be reported or notified under this subpart is deceased, nothing in this section requires any person to provide the information in subsection (1) or (2) to any member of the family of the deceased person, or to any other person. 42 Offence to fail to report or notify as required A medical practitioner, specified person, or person in charge of a laboratory who fails to comply with the requirements of this subpart commits an offence and is liable on summary conviction to a fine not exceeding $1,000. A person to whom section 35 applies who fails to comply with that section commits an offence and is liable on summary conviction to a fine not exceeding $10,000. A veterinary surgeon or person in charge of a laboratory who fails to comply with the requirements of section 36 commits an offence and is punishable on summary conviction to a fine not exceeding $1,000. 43 Regulations The Governor-General may, by Order in Council, make regulations— a prescribing any person or organisation (which may, without limitation, be the Director-General of Health) as an appropriate authority for the purpose of this subpart: b prescribing all or any of the following as specified persons: i any class of health practitioner (other than medical practitioners): ii health protection officers or medical officers of health: iii the managers, owners, and occupiers of facilities (whether residential or otherwise) that provide services or any class of those facilities: iv coroners or any class of coroners: c prescribing information required to be reported or notified under section 31(2)(d), 32(3)(c), or 33(2)(c) 33(2)(c), or 36(5) . No regulation made under subsection (1)(c) may require, for the purpose of section 31(2)(d) , the reporting of details identifying an individual. 44 Purpose The purpose of this subpart is— a to reduce the incidence and mortality rate of cervical cancer by providing for the continuation of the NCSP; and b to facilitate the operation and evaluation of that national cervical screening programme by— i enabling access to information and specimens by the persons operating the programme; and ii enabling access to information and specimens by screening programme evaluators appointed to evaluate that programme. 45 Interpretation In this subpart, unless the context otherwise requires,— cancer has the meaning set out in section 2 of the Cancer Registry Act 1993 cancer registry means the cancer registry maintained under the Cancer Registry Act 1993 cervical cancer means any cancer of the cervix diagnostic test means a test taken to determine or confirm the presence of cancer, or a precursor to cancer, in a woman’s cervix, and may include— a a colposcopic procedure: b an examination of a histological specimen taken from the woman evaluate has the meaning set out in section 63(1) evaluation material means any information about, and any specimen taken from, an identifiable individual that was obtained by a screening programme evaluator under this subpart health information has the meaning set out in paragraphs (a) and (c) of the definition of that term in section 20 health practitioner has the meaning set out in section 5 of the Health Practitioners Competence Assurance Act 2003 hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 NCSP means the programme that, at the date of commencement of this section, is operated by the Ministry of Health and known as the National Cervical Screening Programme NCSP manager means— a the person appointed under section 46(3) as the NCSP manager; or b if no person has been appointed as the NCSP manager, the Director-General NCSP register means the National Cervical Screening Programme register maintained by the persons appointed under section 46 relevant woman , for the purposes of sections 67, 71, 72, and 73 , has the meaning set out in section 67(1) review committee means an NCSP review committee established under section 58(1) screening programme evaluator means a person designated as a screening programme evaluator under section 64(1) screening test means a routine test, such as a cervical smear test, designed to identify women who may have cervical cancer or a precursor to cervical cancer specimen means a bodily sample or tissue sample taken from a woman for the purpose of a screening test or a diagnostic test, and includes cervical cytology and histology slides and blocks. 46 Appointment of persons to operate NCSP All persons appointed to operate the NCSP, and to perform functions in relation to the operation of that programme, must be appointed under section 59 of the State Sector Act 1988, unless it is not reasonably practicable to do so. If the Director-General wishes to appoint a particular person to perform particular functions in relation to the operation of the NCSP, and it is not reasonably practicable to appoint that person under section 59 of the State Sector Act 1988, the Director-General may appoint that person to perform those functions under this subsection. The Director-General may appoint, either under section 59 of the State Sector Act 1988 or under subsection (2) , 1 person to be the manager of the NCSP. The NCSP manager may direct a person appointed under section 59 of the State Sector Act 1988 or under subsection (2) in relation to the performance of that person’s functions, and that person must comply with the NCSP manager’s direction. The Director-General may direct the NCSP manager in relation to the performance of the NCSP manager’s functions, and the NCSP manager must comply with the Director-General’s direction. 47 Objectives of NCSP The objectives of the NCSP are to— a promote high quality cervical screening, assessment, and treatment services, while recognising and managing the differences between the various types of cervical cancer, with a view to reducing the incidence and mortality rate of cervical cancer; and b inform women and the community of the risks, benefits, and expected population health gains from participation in the NCSP; and c promote the regular recall of women who are enrolled in the NCSP for screening tests; and d facilitate continuous quality improvement by allowing and performing regular evaluations of the NCSP; and e ensure that information that is collected for the purposes of the NCSP is— i available, in a reliable, accurate, and timely manner, to persons authorised under this subpart, or any other enactment, to have access to it; and ii safely stored, including on the NCSP register; and f provide information to women about the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations. 48 Enrolment in NCSP The NCSP manager must enrol in the NCSP every woman who— a has a screening test, the result of which is reported to the NCSP; or b undergoes a colposcopic procedure, the result of which is reported to the NCSP. The NCSP manager may, at his or her discretion, enrol in the NCSP a woman who undergoes a surgical procedure during which a histological specimen is taken that includes a cervical component if the results of an analysis of that specimen are reported to the NCSP. Subsections (1) and (2) do not apply if the woman to whom the results relate— a is already enrolled in the NCSP; or b has cancelled her enrolment in the NCSP; or c has notified the NCSP manager, under section 50(2) , that she does not wish to be enrolled in the NCSP. 49 Duties of NCSP manager that relate to enrolled women As soon as practicable after enrolling a woman in the NCSP, the NCSP manager must— a notify the woman that she has been enrolled in the NCSP; and b provide information to the woman about— i the importance of having regular screening tests; and ii the risks and benefits of participation in the NCSP; and iii who has access to information on the NCSP register, and the uses to which that information may be put; and iv the objectives of the NCSP, including that of continuous quality improvement through evaluation; and v the possible use by screening programme evaluators of evaluation material relevant to the woman for the purpose of evaluations of the NCSP; and c advise the woman that she may cancel her enrolment by advising the NCSP manager under section 50(1) . The NCSP manager must record on the NCSP register every result that is reported to the NCSP manager from a screening test, or from a diagnostic test, if that result relates to a woman who is enrolled in the NCSP. 50 Procedure to prevent or cancel enrolment in NCSP A woman who is enrolled in the NCSP may, at any time, cancel that enrolment by advising the NCSP manager in the manner and form specified by the NCSP manager. A woman who is not enrolled in the NCSP, and who does not wish to be enrolled, may, at any time, notify the NCSP that she does not wish to be enrolled. A notification under subsection (2) must— a be in the manner and form specified by the NCSP manager; and b include information that will enable the NCSP manager, in the future, to identify the woman as a woman who must not be enrolled in the NCSP (which information may be kept on the NCSP register and used by the NCSP manager for that purpose). 51 Duties of NCSP manager when women cancel enrolment in NCSP If a woman cancels her enrolment in the NCSP under section 50(1) , or notifies the NCSP manager that she does not wish to be enrolled under section 50(2) , the NCSP manager must— a send a notice to the woman confirming that her enrolment in the NCSP has been cancelled or, as the case requires, that she will not be enrolled; and b delete any information that relates to that woman from the current NCSP register; and b send to the woman, and to her nominated health professional if she so authorises, in hard copy format a copy of the information that relates to that woman from the current NCSP register and then delete that information from the register; and c dispose of any information that is held by the NCSP manager in hard copy format and that relates to that woman by either— i returning it to her; or ii destroying it (if she requests that it be destroyed); and d while that woman is not enrolled in the NCSP,— i ensure that no information that is provided to the NCSP and that relates to that woman is included on the NCSP register; and ii return or destroy any information that is provided to the NCSP and that relates to that woman. Subsection (1) does not apply to information that the NCSP manager determines it is necessary to keep for the purpose of identifying the woman as a woman whose results must not be entered on the NCSP register, such as, for example, her name, address, date of birth, and national health index number, but the information that is retained must be no more than is required for that purpose. Despite subsection (1)(c) , the NCSP manager may retain information that relates to a woman who cancels her enrolment in the NCSP if that information— a is in hard copy format; and b was received before the date of commencement of this section. To avoid any doubt, subsection (1) overrides the Health (Retention of Health Information) Regulations 1996. 52 Procedure to re-enrol in NCSP A woman who has cancelled her enrolment in the NCSP may re-enrol at any time by advising the NCSP manager in the manner and form specified by the NCSP manager. A woman who has notified the NCSP manager, under section 50(2) , that she does not wish to be enrolled in the NCSP may cancel that notification and enrol in the NCSP, at any time, by advising the NCSP manager in the manner and form specified by the NCSP manager. 53 Certain information held by NCSP must not be disclosed No person may disclose information from the NCSP register, or information that is held by the NCSP as a result of an evaluation, if that information identifies a woman unless that information is disclosed— a with the consent of the woman or her personal representative; or b to a screening programme evaluator under section 67(2)(a) ; or c to a review committee, in accordance with a request from that committee under section 60(1) ; or d to a health practitioner who has been engaged by, or on behalf of, the woman, and the information is disclosed for the purpose of assisting that health practitioner to provide health services to that woman; or e for the purpose of enabling results from a screening test or a diagnostic test to be followed up; or f for the purpose of enabling notices related to the NCSP to be sent to women who are enrolled in the NCSP, including reminder notices to women who are due for another screening test; or g for the purpose of giving access to the NCSP register, in accordance with regulations made under section 75(1)(a) , to persons researching cancer; or h subject to any regulations made under section 75(1)(b) , for the purpose of enabling the compilation and publication of statistics that do not enable the identification of the women to whom those statistics relate. Despite subsection (1) , a screening programme evaluator may disclose information in accordance with section 68(2)(a) to (d) . 54 Delegation of functions and powers The Director-General may, in writing, delegate to the NCSP manager any of his or her functions or powers under sections 56(2)(b) and (c), 57(2)(b) and (c), 71(2), 72(2), and 73(2) , on any conditions that the Director-General thinks fit. The NCSP manager may, in writing, delegate to any person any of his or her functions or powers under this subpart, on any conditions that the NCSP manager thinks fit, except— a any power or function delegated to the NCSP manager by the Director-General; and b this power of delegation. Subject to any general or special directions given or conditions attached by the NCSP manager or the Director-General, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly under this subpart and not by delegation. Any delegation under subsection (2) may be made to a specified person or to the holder or holders for the time being of a specified office or specified class of offices. Every person who purports to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. A delegation under this section— a is revocable, in writing, at will; and b continues in force until it is revoked, even if the NCSP manager or Director-General by whom it was made ceases to hold office, and continues to have effect as if made by his or her successor in that office. A delegation under this section does not affect or prevent the performance or exercise of any function or power by the delegator, and does not affect the responsibility of the delegator for the actions of any person acting under that delegation. Subsection (1) does not limit the Director-General’s power to delegate any of his or her functions under— a this subpart in accordance with section 12 ; or b this subpart in accordance with section 41 of the State Sector Act 1988. 55 Duties of persons taking specimens for screening tests Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is that woman’s first screening test in New Zealand, must— a explain the procedure and provide information about the importance of having regular screening tests, the objectives of the NCSP, the risks and benefits of participation in the NCSP, who has access to information on the NCSP register, and the uses to which that information may be put; and b advise the woman that she will be enrolled in the NCSP, but that she may prevent or cancel that enrolment by advising the NCSP manager under section 50 . Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is not that woman’s first screening test in New Zealand, must provide that woman with information about the procedure and about the NCSP, to the extent that is reasonable in the circumstances. Subsections (1) and (2) do not limit any other obligation to provide information that arises under any other enactment or rule of law. 56 Duty of persons performing colposcopic procedure Every person who performs a colposcopic procedure on a woman must— a explain the procedure to the woman; and b provide information, to the extent that is reasonable in the circumstances, about the objectives of the NCSP and the NCSP register, the importance of having regular screening tests, who has access to information on the NCSP register, and the uses to which that information may be put; and c if he or she believes that the woman is not enrolled in the NCSP, advise her that she will be enrolled but that she may prevent or cancel that enrolment by notifying the NCSP manager under section 50 ; and d cause a report in relation to that colposcopic procedure to be forwarded to the NCSP manager. A report under subsection (1)(d) must— a be provided free of charge; and b contain the information specified by the Director-General; and c be provided in the manner and form specified by the Director-General. Subsections (1) and (2) do not limit any other obligation to provide information that arises under any other enactment or rule of law. 57 Duty of laboratories where specimens are analysed The person in charge of a laboratory where a specimen is analysed must cause a report in relation to that specimen to be forwarded to the NCSP manager if— a the specimen was obtained for the purpose of a screening test; or b the specimen was obtained for the purpose of a diagnostic test; or c the specimen— i was obtained during a surgical procedure; and ii includes a cervical component. A report under subsection (1) must— a be provided free of charge; and b contain the information specified by the Director-General; and c be provided in the manner and form specified by the Director-General. 58 Establishment of NCSP review committee The Minister may from time to time, and must at least once every 3 years, establish a review committee of up to 3 persons to review— a the operation of the NCSP; and b evaluation activities of the kind described in section 63 that have been carried out or are proposed to be carried out. The focus of a review committee must be the continuous quality improvement of components of the NCSP, with a view to reducing the incidence and mortality rates of cervical cancer. No person appointed to a review committee may be— a a member of Parliament; or b an officer or employee of the Ministry of Health; or c a person who is, or has been, designated under section 64 as a screening programme evaluator; or d a person who would have a material conflict of interest if appointed. In order to facilitate the review being carried out in a timely and efficient manner, the Minister must appoint persons who collectively have an appropriate balance of skills and knowledge, including knowledge of cervical screening. The Minister may appoint persons to the review committee— a on terms and conditions as to remuneration and other benefits that are in accordance with the appropriate fees framework determined by the Government for statutory and other bodies; and b on any other terms and conditions that the Minister considers appropriate. 59 Work of review committee Before beginning its review, the review committee must prepare a review plan. In preparing its review plan, the review committee must— a ensure that the plan— i applies the focus referred to in section 58(2) ; and ii takes into account the need for timeliness in the completion of the review; and b consult with interested parties about any significant issues that may warrant review, in relation to the operation of the NCSP or evaluation activities that have been, or are proposed to be, carried out; and c following that consultation, determine— i which issues are to be reviewed; and ii the expected date of completion of the review; and d provide the review plan to the Minister for comment, and fully take into account any comments made by the Minister before finalising that plan. After finalising the review plan, the review committee must conduct the review in accordance with that plan. When making any recommendations resulting from its review, the review committee must take into account— a the objectives of the NCSP; and b the need for fiscal responsibility. The review committee may, subject to any written direction by the Minister, regulate its own procedure. 60 Review committee’s access to information For the purposes of carrying out its review, a review committee may request any information held by the NCSP that is directly relevant to the subject matter of its review. The NCSP manager must provide to a review committee any information held by the NCSP that is requested by that review committee under subsection (1) . To avoid doubt, the confidentiality obligations set out in section 53 apply to members of a review committee. 61 Report by review committee The review committee must— a set out in a report— i the details of its review; and ii the conclusions it has reached; and iii the recommendations (if any) it makes as a result of that review; and b submit that report to the Minister as soon as reasonably practicable after it is completed. The Minister must present the report to the House of Representatives not later than 10 sitting days after the date on which the Minister receives the report from the committee, and, following that presentation, must make the report publicly available. 62 Duty of Director-General to report The Director-General must, from time to time, provide information to the public on the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations 63 Meaning of evaluate For the purposes of this subpart, evaluate means to monitor and assess the service delivery and outcomes of the NCSP so as to promote the fulfilment of its objectives by determining whether there are any systemic issues to address within the programme or quality improvements that may be made to it. An evaluation may, from time to time, include a review of, and an investigation into, the cases of— a any woman who is enrolled in the NCSP (whether or not she has developed any cervical cancer); and b any woman who has developed any cervical cancer (whether or not she is enrolled in the NCSP); and c any deceased persons to whom paragraph (a) or (b) applied at the time of death. 64 Director-General may designate screening programme evaluators The Director-General may, at any time and entirely at his or her discretion, designate 1 or more persons as screening programme evaluators on whatever terms and conditions the Director-General considers appropriate. The Director-General must specify the particular evaluation functions to be performed by each person whom he or she designates as a screening programme evaluator. The Director-General may limit the type of information that a person who is designated as a screening programme evaluator may have access to under this subpart in accordance with the evaluation functions to be performed by that person. 65 Criteria for designating employees of Ministry Despite section 64 , the Director-General must not designate a person who is an employee of the Ministry as a screening programme evaluator unless the Director-General is satisfied that— a the person has the technical competence to undertake the functions of a screening programme evaluator; and b the Ministry and the person will appropriately manage any conflicts of interest that arise. 66 Criteria for designating non-employees of Ministry Despite section 64 , the Director-General must not designate a person who is not an employee of the Ministry as a screening programme evaluator unless the Director-General is satisfied that the person— a has, or employs persons who have, the technical competence to undertake the functions of a screening programme evaluator; and b has in place effective arrangements to avoid or manage any conflicts of interest that may arise; and c will administer those arrangements properly and competently and in compliance with any conditions on which the designation is given; and d will comply with the obligations on that person under this subpart. 67 Power of screening programme evaluators to access specimens and health information For the purposes of this section and sections 71, 72, and 73 , a relevant woman is— a a woman who is enrolled in the NCSP; or b a woman who is not enrolled in the NCSP but who has developed any cervical cancer; or c a deceased woman to whom paragraph (a) or (b) applied at the time of her death. Except to the extent that regulations have been made under section 75(1)(c) or (d) limiting access to certain information, or that the Director-General has limited a screening programme evaluator’s access to certain information under section 64(3) , a screening programme evaluator has full access to— a all information held by the persons operating the NCSP; and b all information on the cancer registry that relates to a relevant woman; and c all health information and all specimens that relate to a relevant woman and that are held by, or are otherwise under the power and control of, any— i health practitioner; or ii laboratory; or iii hospital. A screening programme evaluator may— a take copies of all information and records to which he or she has access; and b take any specimen to which he or she has access, or take a part of that specimen. A screening programme evaluator may only access or copy information and specimens under subsection (2) or (3) for the purpose of performing, and to the extent necessary to perform, that person’s functions as a screening programme evaluator. Subsection (4) is subject to section 74 . When a screening programme evaluator accesses health information under subsection (2)(c)(i) that is held by, or otherwise in the power or control of, a health practitioner, that health practitioner may oversee that access. To avoid doubt, subsection (2) does not affect the Health (Cervical Screening (Kaitiaki)) Regulations 1995. 68 Duties of screening programme evaluators No screening programme evaluator may use or disclose any evaluation material for a purpose other than performing that person’s functions as a screening programme evaluator. Despite subsection (1) , a screening programme evaluator may— a disclose evaluation material to a person who is assisting the screening programme evaluator to perform the screening programme evaluator’s functions, and who requires the material for that purpose; and b use and disclose evaluation material for the purpose of referring a concern about the competence of a health practitioner to the authority responsible for the registration of practitioners of the profession that the person concerned practises, if the screening programme evaluator has first obtained the consent of the Director-General to use and disclose the material for that purpose; and c disclose evaluation material to the Accident Compensation Corporation or the Health and Disability Commissioner for the purpose of assisting an investigation into concerns about the competence of a health practitioner; and d use and disclose evaluation material for the purpose of advising the NCSP manager that, in the screening programme evaluator’s opinion, a particular person who is enrolled in the NCSP may benefit from follow-up action; and e use evaluation material to prepare academic papers or articles for publication in accordance with section 70 . Every screening programme evaluator must— a take appropriate measures to safeguard all evaluation material from use or disclosure for a purpose other than a purpose that is specified in subsection (1) or (2) ; and b report to the Director-General any cases where evaluation material has been used or disclosed for an unauthorised purpose; and c return all evaluation material that was provided in hard copy or electronic form to the supplier of that material as soon as it is no longer required for the purpose for which it was obtained, and destroy all copies of that material; and d take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the person who supplied them as soon as they are no longer required for the purpose for which they were obtained; and e advise each person to whom the screening programme evaluator discloses evaluation material under subsection (2)(a) of the duties of the screening programme evaluator in relation to that information, and of the duties of that person under section 69 . Every screening programme evaluator who is not an employee of the Ministry must— a provide to the Director-General, as soon as practicable after completing an evaluation of a screening programme, a written report containing the results of that evaluation; and b provide to the Director-General, as soon as practicable after being requested by the Director-General to do so, a statutory declaration as to whether or not the requirements of subsection (3)(a) to (c) have been complied with, and, if not, to what extent they have not been complied with. Subsections (1) and (3)(a) and (c) are subject to section 74 . 69 Duties of persons to whom evaluation material is supplied by screening programme evaluator Every person to whom evaluation material is supplied by a screening programme evaluator, under section 68(2)(a) , must— a use that material only for the purpose for which it was supplied; and b take appropriate measures to safeguard that material from disclosure to any other person; and c return all evaluation material that was provided in hard copy or electronic form to the screening programme evaluator as soon as it is no longer required for the purpose for which it was supplied, and destroy all copies of it; and d take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the screening programme evaluator as soon as they are no longer required for the purpose for which they were supplied. Subsection (1) is subject to section 74 . 70 Screening programme evaluator may publish non-identifiable information obtained during evaluation Despite section 68(1) , a screening programme evaluator may publish academic papers or articles that are wholly or partly based on evaluation material obtained by the screening programme evaluator during an evaluation if— a the paper or article does not contain information that could identify any individual person, without that person’s consent; and b the NCSP manager consents to the publication of the paper or article and to the timing of that publication; and c the publication of the paper or article is in accordance with any regulations made under section 75(1)(f) . The NCSP manager may not withhold consent under subsection (1)(b) unless he or she believes, on reasonable grounds, that the publication of the paper or article, or the proposed timing of that publication, poses a serious risk to the effective operation of the NCSP. 71 Duty of health practitioners Every health practitioner must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator’s functions, any health information and specimens that relate to a relevant woman. The Director-General may specify, by notice in writing to the health practitioner, the manner and form in which health information or specimens that are required to be made available under subsection (1) must be made available, and that information or those specimens must be made available in that manner and form. 72 Duty of persons who hold specimens The person in charge of a laboratory or other premises where specimens are held must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator’s functions, any health information and specimens that relate to a relevant woman. The Director-General may specify, by notice in writing to the person in charge of the laboratory or other premises, the manner and form in which health information or a specimen that is required to be provided under subsection (1) must be provided, and that information or that specimen must be provided in that manner and form. 73 Duty of hospitals The person in charge of a hospital must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator’s functions, any health information and specimens that relate to a relevant woman. The Director-General may specify, by notice in writing to the person in charge of the hospital, the manner and form in which health information or a specimen that is required to be provided under subsection (1) must be provided, and that information or that specimen must be provided in that manner and form. 74 Screening programme employees may retain, access, use, and disclose information to perform functions Nothing in this subpart prevents any employee of the NCSP from retaining, accessing, using, and disclosing any information to the extent necessary to perform his or her functions as an employee of that programme, including— a information that is held by or accessible to the persons operating the NCSP; and b information and evaluation material obtained by that employee for the purposes of performing an evaluation (including information obtained in his or her capacity as a screening programme evaluator or as a person assisting a screening programme evaluator); and c information and evaluation material provided to the NCSP by a screening programme evaluator during or following an evaluation. For the purposes of subsection (1) , a person is an employee of the NCSP if the person— a is appointed to operate that programme, or to perform particular functions in relation to the operation of that programme, by the Director-General or the Ministry; or b is employed to work in that programme by the Ministry or by the persons appointed to operate the programme. 75 Regulations The Governor-General may, by Order in Council, make regulations under this subpart for any 1 or more of the following purposes: a regulating access to information held by the NCSP by persons researching cancer: b prohibiting the disclosure, under section 53(1)(h) , of information that relates to any class or classes of person specified in the regulations, including prohibiting the disclosure of that information without the approval of any person or group of persons or body or organisation specified in the regulations: c imposing restrictions, in addition to those imposed by this subpart, on the use, disclosure, and publication of information held by the NCSP: d prohibiting the use, disclosure, and publication of information from the NCSP register, or derived from the operation of the NCSP, if the information relates to any class or classes of person specified in the regulations, including prohibiting the use, disclosure, and publication of that information without the approval of any person or group of persons or body or organisation specified in the regulations: e providing for the establishment, appointment, procedures, and powers of any person or group of persons or body or organisation established to perform specific functions or to make specific decisions that relate to the NCSP or to the matters referred to in paragraphs (b) and (d) : f imposing restrictions on the publication by screening programme evaluators, under section 70 , of academic papers or articles that are wholly or partly based on evaluation material obtained for the purposes of an evaluation: g prescribing standards that must be met by providers of screening, diagnostic, and treatment services relevant to the NCSP, and the means of implementing those standards: h prescribing offences for a breach of— i a regulation made under any of paragraphs (a) to (f) : ii a standard prescribed under paragraph (g) , or any part of that standard: i setting out defences to offences prescribed under paragraph (h) : j setting the maximum penalty for each offence prescribed under paragraph (h) , which must not exceed the maximum penalty specified in section 368 . Before making regulations under subsection (1) , the Governor-General must be satisfied that appropriate consultation has been carried out, including (without limitation),— a adequate and appropriate notice of the intention to make the regulations; and b a reasonable opportunity for interested persons to make submissions; and c adequate and appropriate consideration of any submissions received. Subsection (2) does not apply to regulations made under subsection (1)(g) that— a incorporate standards by reference; or b state that an amendment to, or replacement of, standards incorporated by reference has legal effect as part of the regulations. 76 Incorporation of standards by reference in regulations Regulations made under section 75(1)(g) may incorporate by reference any standards prepared by or for the NCSP that apply to providers of screening, diagnostic, and treatment services (including, but not limited to, any New Zealand Standard). This section is subject to sections 337 to 344 (the standard provisions about incorporation by reference). 77 Application of Standards Act 1988 not affected Section 76 does not affect the application of sections 22 to 25 of the Standards Act 1988. 78 Offences under this subpart Every person commits an offence against this Act who, without reasonable excuse, fails to comply with the requirements of any of sections 53(1), 68(1), (3)(e), or (4)(b) or 69 . Every person commits an offence against this Act who, without reasonable excuse, fails to make available any information or specimens that the person is required to make available under any of sections 71, 72, and 73 . Every person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding $10,000. 79 Interpretation In this Part, unless the context otherwise requires,— consumer representatives , in relation to any matter concerning any proposed or current code of practice or guidelines, means any individuals or organisations who, in the opinion of the Minister, represent the interests of consumers who are likely to be substantially affected by the matter risk factor means a thing , or substance , activity, or form of energy that, on its own or together with other things or substances or conditions , substances, activities, or forms of energy, may, whether immediately or over time, give rise to, or increase the incidence of, non-communicable diseases (such as cancer, cardio-vascular disease , or diabetes , or any mental illness ) in the general population or in communities or in sections of the general population or communities sector means a group of individuals, associations of persons, departments, local authorities, or bodies corporate involved in— a the manufacture, importing, distributing, or retailing of goods or substances of a particular kind; or b the provision of a service of a particular kind; or c the formulation or implementation of policies for consideration or adoption by central government or local government; or d the design, construction, or maintenance of buildings, infrastructure, or works of any kind; or e the advertising, promoting, sponsoring, or marketing of goods or substances of a particular kind or services of a particular kind. sector representatives , in relation to any matter concerning any proposed or current code of practice or guidelines means any individuals or organisations that, in the opinion of the Minister, represent a sector that is substantially affected by the matter significant means more than negligible. 80 Principles In performing his or her functions under this Part, the Director-General and the Minister must take into account the importance of— a improving and enhancing the health of communities by addressing broad determinants of health, including, in particular, risk factors: b managing or eliminating risk factors by involving communities, sectors, and government agencies: c consultation, cross-sectoral collaboration, and joint planning and implementation by central government, DHBs, iwi authorities, local authorities, and other relevant organisations: d the well-being and mutual interdependence of families and their communities, including whānau, hapū, and iwi: e focusing public health action on the health status of the general population , Māori, and other communities: f promoting, maintaining, and enhancing the health status of the general population , Māori, and other communities: g working towards social and cultural environments conducive to health and well-being: h engaging with providers, including non-governmental organisations, in the implementation of public health objectives and implementing public health those objectives through co-ordinated action in the throughout the health sector , and, in particular, ensuring appropriate links between public health and primary health . 81 Director-General may issue codes of practice or guidelines The Director-General may issue a code of practice or a set of guidelines to a sector on a particular activity that the sector undertakes if the Director-General has reason to believe that the sector can reduce, or assist in reducing, a risk factor associated with, or related to, the activity. The Director-General may amend or revoke a code of practice or guidelines issued under subsection (1) . The Director-General, when issuing, amending, or revoking a code of practice or guidelines, must— a notify the issue, amendment, or revocation of the code or guidelines in the Gazette ; and b show in the notice the date of the issue, amendment, or revocation of the code or guidelines; and c specify in the notice the place or places at which copies of the code, the guidelines, or the amendment are available for inspection or purchase. The Director-General must ensure that copies of the codes of practice or guidelines and any amendments to those codes or guidelines are available for inspection at the place or places specified in the notice given under subsection (3) . 82 Prior consultation required Before the Director-General issues a code of practice or guidelines or amends or revokes a code or guidelines, the Director-General must consult with any person or organisation sector representatives and consumer representatives and any other persons that the Director-General considers to be representative of the sector affected by the proposed code or guidelines, amendment, or revocation. appropriate. 83 What code of practice or guidelines may provide A code of practice or guidelines may provide for an activity, or aspects of an activity, to be undertaken in ways that, in the opinion of the Director-General, are likely to reduce, or assist in reducing, a risk factor associated with, or related to, the activity. Without limiting the generality of subsection (1) , a code of practice or guidelines may, in relation to any activity, contain provisions on any of the following matters that are relevant to the activity: a the development, completion, and review of health impact assessments: b the development and maintenance of practices that are conducive to promoting health and safety: c the performance, composition, contents, additives, design, and construction of specified goods or substances: d the accessibility of specified goods, substances, or services to members of the public or to sections of the public, in particular, to minors: e the ways in which specified goods, substances, or services are advertised, sponsored, or marketed (whether directly or indirectly): f the information to be given to consumers of specified goods, substances, or services, whether as part of any advertising, sponsorship, or marketing or as part of any packaging or labelling of goods or substances. Except as provided in subsection (2)(e) and (f) , no code of practice or guidelines may contain provisions concerning the content of any matter that is published in any form or broadcast on any medium. 83A Code of practice must state objectives and targets or measures Every code of practice and every set of guidelines must— a state, as its objective, the contribution that compliance with the code or guidelines is intended to make in reducing a specified risk factor or specified risk factors; and b set targets or measures against which any progress made in achieving that objective can be assessed. 84 Codes of practice and guidelines to avoid overlap with enactments In issuing or amending a code of practice or guidelines, the Director-General must endeavour to avoid including any provisions that overlap with matters contained in an enactment. 85 Compliance with code of practice or guidelines may be advertised with permission of Director-General If the Director-General is satisfied that particular goods, substances, or services comply with a code of practice or guidelines issued under this Part, the Director-General may permit a statement stating the fact of compliance to be included in— a any material by which goods, substances, or services are advertised, promoted, sponsored, or marketed; or b any communication to employees concerning health or safety. A statement of the kind described in subsection (1) may not be included in any material or communication of the kind described in that subsection without the permission of the Director-General. A person who, without the permission of the Director-General, publishes, or arranges for the publication of a statement of the kind described in subsection (1) in any material or communication of the kind described in that subsection, commits an offence and is liable on summary conviction to a fine not exceeding $10,000. If a person is convicted of an offence under subsection (3) , the Court may, on the application of the Director-General, in addition to any penalty that the Court may impose under that subsection, order that person to pay an amount not exceeding the value of any commercial gain resulting from the contravention if the Court is satisfied that the contravention occurred in the course of producing a commercial gain. The value of any gain must be assessed by the Court, and any amount ordered to be paid is recoverable in the same manner as a fine. The standard of proof in proceedings under subsection (4) is the standard of proof that applies in civil proceedings. 86 Incentives for compliance with codes of practice or guidelines The Minister may, by notice in the Gazette ,— a institute 1 or more types of awards to recognise compliance with codes of practice or guidelines, and may differentiate those awards by specified standards of compliance: b authorise the Director-General to confer those awards: c authorise the Director-General to withdraw any awards conferred: d state the criteria that the Director-General must apply in conferring, or withdrawing, any awards: e state the manner in which the Director-General must publicly notify the conferral or withdrawal of awards (including, without limitation, publication on the Internet): f recommend that, in any decision affecting a product or service, government departments or Crown entities have regard to the question whether or not the manufacturer of the product or the provider of the service complies with any applicable code of practice or guidelines. 87 Codes of practice and guidelines not legally enforceable No code of practice or guidelines issued or amended under this Part confers rights or obligations capable of enforcement in any civil or criminal proceeding. However, this section does not preclude the admissibility in any proceeding of the fact that a provider of goods, substances, or services complied with, or did not comply with, the applicable code of practice or guidelines, if that fact is relevant in the proceeding. 88 Report to Minister The Ministry of Health Director-General must, not later than the date that is 3 years after the commencement of this Act, report to the Minister on— a the number and subject matters of codes of practice and guidelines issued or amended under this Part; and b the extent to which those codes and guidelines have, or are likely to have, met their objective of reducing, or assisting in the reduction of, risk factors; and objectives and the extent to which their targets or measures have been achieved; and c the extent to which sectors have supported and complied with codes of practice and guidelines; and d whether it is desirable that the law be changed so that codes of practice are binding on the participants of sectors to which they apply; and e whether it is desirable to amend this Act to include further specific provisions for the purpose of preventing, or reducing the impact of, non-communicable diseases or improving the management of risk factors, including, without limitation, provisions that empower regulations to be made for that purpose; and f the number and subject matters of notices by the Minister published under section 86 and the actions taken under those notices; and g the extent to which those actions have, or are likely to have, reduced, or assisted in the reduction of, risk factors; and h whether any further reductions in risk factors can be achieved by non-legislative options, such as the promotion of rewards or incentives; and i any other matter that the Director-General considers relevant. As soon as practicable after receiving a report from the Ministry, the Minister must present a copy of it to the House of Representatives. The Governor-General may, by Order in Council, extend, on 1 or more no more than 2 occasions, the date on which the Ministry of Health is required to report under subsection (1) . 88A Consultation by Minister if no significant progress in achieving objective of code or guidelines If the Minister has reasonable grounds to believe that a code of practice or a set of guidelines that has been in place for not less than 2 years has not made significant progress in achieving its objective, the Minister may consult sector representatives and consumer representatives and any other person the Minister considers appropriate about the following matters: a whether the code of practice or the set of guidelines has in fact failed to make significant progress in achieving its objective: b whether progress in achieving that objective is likely to be made by amending or reissuing the code or the guidelines: c whether progress in achieving that objective is more likely to be made by replacing the code or guidelines, in whole or in part, by regulations made under section 88C : d any other matter that the Minister considers relevant. 88B Minister may recommend regulations This section applies if, after consulting on a code of practice or a set of guidelines under section 88A , the Minister is satisfied on reasonable grounds that— a the code or the set of guidelines has not made significant progress in achieving its objective; and b progress in achieving that objective is more likely to be made by replacing the code or guidelines, in whole or in part, by regulations made under section 88C . The Minister may recommend that regulations be made under section 88C to replace the code or the guidelines in whole or in part. 88C Regulations The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister made under section 88B , make regulations for all or any of the following purposes: a reducing, or assisting in reducing, risk factors: b without limiting the generality of paragraph (a) , providing for the ways in which specified goods, substances, or services are advertised, sponsored, or marketed (whether directly or indirectly): c without limiting the generality of paragraph (a) , providing for the information to be given to consumers of specified goods, substances, or services, whether as part of any advertising, sponsorship, or marketing or as part of any packaging or labelling of goods or substances: d prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amounts of fines that may be imposed in respect of any such offences not exceeding $5,000. Except as provided in subsection (1)(b) and (c) , no regulations made under this section may regulate or limit the content of any matter that is published in any form or broadcast on any medium. 89 Application This Part (other than subpart 4 or 5 ) applies to a condition that is— a part of a cluster or outbreak that has been reported under subpart 3 of Part 2 ; or b a notifiable disease or other notifiable condition; or c a case of a condition that has been reported under section 31 . 90 Principles to be taken into account The principles set out in sections 91 to 93 are to be taken into account by every person and every court performing a function under this Part. 91 Least restrictive alternative In any case where this Part enables alternative measures to be applied to an individual, preference must be given to the least restrictive measure that, in the judgment of the person or court concerned, will achieve the objective of minimising the health risk posed by the individual. 92 Respect for individuals An individual in respect of whom a power is exercised under this Part should be treated with respect and consideration, to the extent that the protection of public health permits this to be done. 93 Individual to be informed A person exercising a power over an individual under this Part should must , so far as is practicable in the circumstances, promptly inform the individual and in a way the individual is most likely to understand, about— a the nature of the power that is exercised and its implications for the individual: b any steps planned to be taken in respect of the individual: c any right of the individual to appeal against the exercise of the power and to apply for judicial review. 94 Proceedings under this Part in District Courts to be heard by Family Court Judges, if practicable The District Court has jurisdiction to hear and determine— a appeals under this Part against directions given; and b applications made under this Part. Every proceeding referred to in subsection (1) must, if practicable, having regard to the time required, and to the availability of Judges and other personnel and resources, be heard and determined by a Family Court Judge. Any District Court Judge may hear and determine a proceeding referred to in subsection (1) that cannot practicably be heard and determined by a Family Court Judge. 94A Proceedings under this Part not open to public Unless the Judge presiding at a hearing of a proceeding referred to in section 94(1) otherwise directs, no person may be present during the hearing except the following: a the Judge: b officers of the Court: c parties to the proceeding and their barristers and solicitors, and any other person nominated by the individual who is the subject of the proceeding: d witnesses: e any other person whom the Judge permits to be present. A witness must leave the courtroom if asked to do so by the Judge. This section does not limit any other power of the Court to hear proceedings in private or to exclude any person from the Court. 94B Court may appoint lawyer to act for individuals under 16 Whenever an individual under the age of 16 is the subject of an application under this Part, the court that hears the application may appoint a lawyer to act for the individual. 95 Directions that may be given to manage health risk posed by condition to which this Part applies This section applies if a medical officer of health believes on reasonable grounds that an individual poses a health risk because the individual has a condition to which this Part applies. The medical officer of health may give the individual whichever 1 or more directions described in subsection (4) the medical officer of health thinks are necessary to prevent or minimise the health risk posed by the individual. If the condition that the individual is believed to have is not a notifiable disease or other notifiable condition, every direction given to the individual must have the prior approval of the Director-General. A direction given under subsection (2) may require the individual to,— a participate in any of the following that are conducted by a health provider: i counselling: ii education: iii other activities related to the condition to which this Part applies: b refrain from carrying out specified activities (for example, without limitation, employment, use of public transport, travel within and out of New Zealand) either absolutely or unless stated conditions are observed: c refrain from going to specified places either absolutely or unless stated conditions are observed: d refrain from associating with specified persons or specified classes of persons: e take specified actions to prevent or minimise the health risk posed by the individual: f stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: g accept the supervision of a named person or a person for the time being holding a named office, including, without limitation, appearing at meetings arranged by that person and providing that person with information on any action, occurrence, or plan that is relevant to the health risk posed by the individual. In no case may a direction require an individual to submit to compulsory treatment. Subsection (7) applies if a direction requires an individual to refrain from carrying out a specified activity either absolutely or unless stated conditions are observed and a medical officer of health believes on reasonable grounds that— a the individual is, or has been, engaging in the activity; and b the persons responsible for the activity need to be informed in order to prevent or minimise the health risk posed by the individual. The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters: a the direction: b the health risk posed by the individual’s engagement in the activity: c ways of minimising that risk. The medical officer of health must send the Director of Public Health a copy of every direction. 96 Duration of directions A direction given under section 95 ceases to have effect with the close of the earliest of the following days: a the last day of the period stated in the direction or, if no period is stated in the direction, the period of 6 months commencing with the date on which the direction is given: b the day (if any) on which the medical officer of health notifies the individual that the individual no longer poses a health risk: c the day (if any) on which the medical officer of health rescinds the direction under section 101 : d the day (if any) on which the direction is cancelled on appeal under section 103 . The period stated in a direction may not exceed 6 months. The medical officer of health must— a regularly review each direction under section 95 that is in effect in the health district or districts for which the officer is responsible; and b consider whether the direction is still needed; and c if directed by the Director of Public Health to do so, advise that Director why the direction needs to continue in effect. A medical officer of health may at any time, by notice to the individual concerned, extend a direction previously given under section 95 for a period stated in the notice (not exceeding 6 months). Subsection (4) also applies to a direction that has previously been extended on 1 or more occasions. The medical officer of health must send the Director of Public Health a copy of every notice under subsection (4) . 97 Direction for medical examination This section applies if a medical officer of health believes on reasonable grounds that— a an individual may have a condition to which this Part applies (for example, without limitation, because the individual has been in contact with a person who has the condition); and b the individual’s medical practitioner , a prescribed person, or a medical officer of health has requested the individual to undergo, within a specified period, a medical examination to establish whether or not the individual has the condition and the individual has not undergone that examination within that period; and c if the individual has the condition, the individual would pose a health risk. The medical officer of health may direct the individual to undergo 1 or more medical examinations and may specify the places where those examinations are to be conducted and the health providers who are to conduct them. The medical officer of health may also direct the individual to take or refrain from taking, until those examinations are completed, whichever 1 or more of the following actions the medical officer of health thinks are necessary to prevent or minimise the health risk that the individual may pose: a to stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: b to refrain from carrying out specified activities (for example, without limitation, employment, use of public transport, travel within and out of New Zealand) either absolutely or unless stated conditions are observed: c for the purpose of monitoring and guiding the individual’s compliance with the direction, to accept the supervision by a named person or by a person for the time being holding a named office. The medical officer of health must send the Director of Public Health a copy of every direction. 98 Direction requiring contacts to stay in specified place This section applies if a medical officer of health believes on reasonable grounds that— a the individual has been in contact with a person who has a condition to which this Part applies; and b if the condition has been communicated to the individual, the individual poses, or is likely to pose, a health risk. The medical officer of health may give the individual whichever 1 or more of the following directions the medical officer of health thinks are necessary to minimise the health risk posed by the individual: a to stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: b to refrain from carrying out specified activities (for example, without limitation, employment, use of public transport, travel within and out of New Zealand) either absolutely or unless stated conditions are observed: c for the purpose of monitoring and guiding the individual’s compliance with the direction, to accept the supervision by a named person or by a person for the time being holding a named office. The direction ceases to have effect with the close of the day on which the medical officer of health notifies the individual that the individual no longer poses a health risk. In determining, for the purposes of subsection (3) , that the individual no longer poses a health risk, the medical officer of health must have regard to any known incubation period for the condition. The medical officer of health must send the Director of Public Health a copy of the direction. 99 Directions in respect of educational institutions This section applies if a medical officer of health believes on reasonable grounds that an individual— a either— i has a condition to which this Part applies in respect of which a period of incubation is prescribed for the purposes of this Part; or ii shares a residence with a person who has such a condition; and b attends an educational institution to study , be cared for, or work at the institution. The medical officer of health may direct the individual not to attend the an educational institution. The medical officer of health must notify the person in charge of the institution about the direction and, if appropriate, provide information on the management of the relevant health risk. If the individual is a minor under 16 years of age , the direction must be given to the individual’s guardian and also to the individual unless the medical officer of health has reasonable grounds to believe that the individual is incapable of understanding the direction . The direction ceases to have effect with the close of the day on which the medical officer of health notifies the individual that the individual no longer poses a health risk. In determining, for the purposes of subsection (5) , that the individual no longer poses a health risk, the medical officer of health must have regard to any known incubation period for the condition. The medical officer of health must send a copy of the direction to the Director of Public Health. In this section, educational institution means any place where people gather for the purposes of education or training, and includes an early childhood education and care centre within the meaning of section 310(1) of the Education Act 1989. 100 Repeated directions may be given A direction under this subpart may be given to an individual on 1 or more occasions. 101 Directions may be varied or rescinded A medical officer of health may at any time, by notice to the individual concerned, vary or rescind a direction previously given. 102 Written directions and notices to be served on individual A direction or notice under this subpart must be in writing and must be served on the individual to whom it is given. 103 Appeal against direction An individual who is required to comply with a direction may appeal against the direction, or any part of the direction, to the District Court. On the appeal, the District Court may confirm, vary, or cancel the direction. The commencement of the appeal does not affect the direction unless the District Court otherwise orders. 104 Duty to comply An individual to whom a direction is given must comply with the direction. Every individual commits an offence who intentionally fails to comply with a direction with which the individual is required to comply and is liable on summary conviction to a fine not exceeding $10,000. 105 Force not permissible In no case may force be used to secure compliance with a direction. 106 Medical officer of health may make urgent health risk order This section applies if a medical officer of health believes on reasonable grounds that— a an individual has a condition to which this Part applies; and b the individual poses a health risk; and c to address the risk a health medical officer of health needs to take urgent action; and d it is not practicable to obtain a court order urgently. The medical officer of health may sign, and give , or authorise another person to give, the individual, an urgent health risk order that requires the individual to be detained at specified premises or specified parts of premises, subject to any stated conditions. If the condition that the individual is believed to have is not a notifiable disease or other notifiable condition, the urgent health risk order may not be given to the individual without the prior approval of the Director-General. The medical officer of health must write on the order the date and time it is given to the individual. The medical officer of health must send a copy of the urgent health risk order to the Director of Public Health. 107 Duration of urgent health risk order An urgent health risk order has effect for 72 hours from the time that it is given to the individual. 108 Matters that Court may take into account in assessing health risk In assessing, for the purposes of any application under this subpart, whether or not an individual poses a health risk, the Court may, without limitation, take into account— a the condition that the individual has or, as the case requires, that the individual may have: b if the individual has had an opportunity to minimise the risk of communicating the condition, whether he or she has done so, or the extent to which he or she has done so, and, in particular,— i if directions have been given to the individual under subpart 2 of this Part, whether the individual has complied with, or the extent to which the individual has complied with, those directions: ii if a medical practitioner , prescribed person, or medical officer of health or health protection officer has requested the individual to take steps to prevent or minimise the risk, whether the individual has responded to those requests or the extent to which the individual has responded to those requests. 109 Relationship between directions and court orders The Court may make an order that corresponds to, or differs from, any direction previously given. Any direction previously given to an individual ceases to have effect when an order is made in respect of that individual under this subpart. However, nothing in this section or in any other provision of this Act requires a prior direction before an order under this subpart may be made. 110 Prior consultation with individual and individual’s family or whanau If a medical officer of health is considering applying to the Court for a health risk order under section 113 , the medical officer of health must, whenever practicable, consult with the individual and may, at his or her the officer's discretion, consult with the individual’s family or whanau. The purpose of consultation under subsection (1) is to enable the medical officer of health— a to ascertain if the need for an order of that kind can be avoided by voluntary compliance by the individual and, if the individual agrees, by any assistance on the part of the family or whanau; and b to ascertain, if an order of that kind is required, the extent to which the terms of the order and the manner of its administration can take into account the needs and wishes of the individual without prejudicing the protection of public health. 111 Case conferences The consultation under section 110 may, at the discretion of the medical officer of health take the form of a case conference, which may be conducted by telephone or video link. 112 Application for health risk order A medical officer of health may apply, under section 113 , for a health risk order in respect of an individual. If the condition that the individual is believed to have is not a notifiable disease or other notifiable condition, the application may not be made without the prior approval of the Director-General. The medical officer of health must send a copy of the application to the Director of Public Health. 113 Health risk order The Court may, on an application made under section 112 , make a health risk order in respect of an individual if satisfied— a that the individual has a condition to which this Part applies; and b that the individual poses a health risk. 114 Order may impose certain requirements on individual The Court may, in making a health risk order under section 113 , impose on an individual whichever 1 or more of the following requirements the Court thinks are necessary to prevent or minimise the health risk posed by the individual: a to be detained, at all times or at specified times, in a hospital or other suitable place or in specified parts of the hospital or place: b to stay, at all times or at specified times, at a specified place of residence: c to refrain from carrying out specified activities (for example, without limitation, employment, use of public transport, travel within and out of New Zealand) either absolutely or unless stated conditions are observed: d to accept the supervision of to be supervised by a named person or a person for the time being holding a named office, including, without limitation, appearing at meetings arranged by that person and providing that person with information on any action, occurrence, or plan that is relevant to the health risk posed by the individual: e after taking into account the views of the individual, to be subject to surveillance, with or without the aid of electronic devices, by a named person or by a person for the time being holding a named office or by a named organisation: f to accept treatment for the condition from to be treated for the condition by a specified health provider: g to participate in any of the following that are conducted by a health provider: i counselling: ii education: iii other activities related to the condition to which this Part applies: h to refrain from going to specified places either absolutely or unless stated conditions are observed: i to refrain from associating with specified persons or specified classes of persons: j to take specified actions to prevent or minimise the health risk posed by the individual. Before the Court imposes a requirement of the kind described in subsection (1)(f) , the Court must be satisfied that, short of detaining the individual indefinitely, treating him or her is the only effective means of managing the health risk posed by the individual. Where an order requires an individual to be detained in a hospital or other place operated by a DHB, the DHB must permit the individual to be detained in the hospital or place. The Court may impose any requirement specified in subsection (1) subject to any conditions or restrictions that the Court considers appropriate. 115 Duration of order or requirements An order made under section 113 ceases to have effect with the close of the earliest of the following days: a the last day of the period stated in the order or, if no period is stated in the order, the period of 6 months commencing with the date on which the order is made: b the day (if any) on which the medical officer of health notifies the individual that the individual no longer poses a health risk: c the day (if any) on which the Court cancels the order under section 120 : d the day (if any) on which the direction is cancelled on appeal under section 122 or 123 . A requirement imposed under section 114 by an order ceases to have effect with the close of the earlier of the following days: a the day on which the order ceases to have effect: b the day (if any) on which the medical officer of health notifies the individual that the requirement is no longer necessary to manage the health risk posed by the individual. The period stated in an order may not exceed 6 months. If no period is stated in an order and the individual does not receive a notice of the kind described in subsection (1) , the order has effect for 6 months. 116 Health risk order may be extended The Court may at any time, on the application of a medical officer of health, extend a health risk order made under section 113 for a period of not more than 6 months if the Court— a is satisfied that the Court has jurisdiction to make a new order of the same kind in respect of the individual concerned; and b considers it is desirable to do so. The Court may extend an order on 1 or more occasions. 117 Order for medical examination The Court may, on the application of a medical officer of health, make an examination order in respect of an individual if the Court is satisfied that— a the individual may have a condition to which this Part applies (for example, because the individual is, or has been, in contact with a person who has a notifiable disease or other notifiable condition); and b the individual’s medical practitioner , a prescribed person, or a medical officer of health has requested the individual to undergo, within a specified period, a medical examination to establish whether or not the individual has that condition and the individual has not undergone that examination within that period; and c if the individual has that condition, the individual would pose a health risk. The examination order must direct the individual to undergo specified whatever medical examinations the medical officer of health considers necessary to establish whether or not the individual has the condition concerned . The examination order may also impose on the individual, until those examinations are completed, whichever 1 or more of the requirements stated in section 114(1)(b), (c), (h), and (i) that the Court thinks are necessary to prevent or minimise the health risk that the individual may pose. The Court may impose any requirement referred to in subsection (3) subject to any conditions or restrictions that the Court thinks appropriate. 118 Court may make health risk order contingent on examinations proving positive When the Court makes an examination order in respect of an individual, the Court may also make a health risk order under section 113 . A order made in the circumstances referred to in subsection (1) ,— a must meet the jurisdictional requirements set out in section 113 , except that the Court may assume that the individual has the condition for which he or she is to be examined; and b takes effect, if at all, in accordance with subsection (3) . The order takes effect only if a medical officer of health signs and dates a certificate that states that the individual has undergone the examinations in accordance with the examination order, and that those examinations establish that the individual has the condition for which he or she has been examined. The order may be sealed only if the Registrar of the Court has sighted and filed the certificate described in subsection (3) . 119 Order for contacts The Court may, on the application of a medical officer of health, make an order in respect of an individual if the Court is satisfied that— a the individual has been in contact with a person who has a condition to which this Part applies; and b if that condition has been communicated to the individual, the individual poses, or will pose, a health risk. The order may also impose on the individual whichever 1 or more of the requirements stated in section 114(1)(b), (c), (d), (h), (i), and (j) that the Court thinks are necessary to prevent or minimise the health risk that the individual may pose. The Court may impose any requirement referred to in subsection (2) , subject to any conditions or restrictions that the Court considers appropriate. The order ceases to have effect with the close of the day (if any) on which the medical officer of health notifies the individual that the individual no longer poses a health risk. In determining, for the purposes of subsection (4) , that the individual no longer poses a health risk, the medical officer of health must have regard to any known incubation period for the condition. 120 Court may cancel or vary orders The Court may, on the application of the medical officer of health or of the individual concerned, cancel an order made under this subpart if the Court is satisfied that the order is no longer required. The Court may, on the application of the medical officer of health or of the individual concerned, vary the terms of an order made under this subpart by making a determination that the Court is otherwise authorised to make under this subpart and that the Court considers desirable in the circumstances. The medical officer of health must send a copy of every application under this section to the Director of Public Health. 121 Medical officer of health and individual may agree on variation This section applies if— a an order (other than an urgent health risk order) under this subpart is in effect; and b a medical officer of health is satisfied that the health risk posed by the individual who is the subject of the order can be met by a less restrictive measure than that provided for by the order. The medical officer of health and the individual may agree in writing that the individual may comply with the order by accepting, and complying with, the less restrictive measure. An agreement under subsection (2) has effect according to its tenor, as long as the individual complies with the agreement. If the medical officer of health believes on reasonable grounds that the individual has breached the agreement in a material respect, the medical officer of health may, by written notice to the individual, cancel the agreement and the order then has effect in its original form. The power conferred by subsection (2) is subject to any directions, conditions, or limitations concerning the power given or imposed by the Court. The medical officer of health must send a copy of every agreement made under subsection (2) to the Director of Public Health. 122 Appeals to High Court The medical officer of health and the individual in respect of whom an order has been made under this subpart (other than an urgent health risk order made under section 106 ) may each appeal to the High Court against the decision of the District Court. The medical officer of health may appeal against the dismissal of an application under this subpart or against the District Court’s refusal to make an order, or impose a requirement, sought in the application. The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act. On the ex parte application of the appellant, the Court appealed from may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs. Subsection (4) overrides subsection (3) . The decision of the High Court on an appeal to that Court under this section is final. Subsection (6) is subject to section 123 . The medical officer of health must send a copy of every notice of appeal under this section to the Director of Public Health. 123 Appeals to Court of Appeal A party to any appeal under section 122 may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in that appeal. On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had. The decision of the Court of Appeal on an appeal to that Court under this section, and on an application to it under this section for leave to appeal, is final. 124 Enforcement of order by medical officer of health A medical officer of health may require an individual to comply with an order made under this subpart that is binding on the individual, and in doing so may be assisted by any number of assistants (who may consist of or include members of the police) and use any force that is reasonable in the circumstances. However, in no case may force be used to require an individual to accept medical treatment. The medical officer of health must promptly advise the Director of Public Health of any force used for the purpose of requiring an individual to comply with an order. 125 Offence not to comply with order Every individual commits an offence who intentionally fails to comply with an order made under this subpart that is binding on the individual. Every individual who commits an offence against this section is liable on summary conviction to a term of imprisonment not exceeding 6 months or to a fine not exceeding $50,000, or to both. The Court, instead of sentencing a person who has been convicted of an offence against this section to imprisonment, may instead of or in addition to imposing a fine, make an order imposing whichever 1 or more of the requirements stated in section 114(1) that the Court thinks are necessary to prevent or minimise the health risk that the indicted poses. An order made under subsection (3) has the same effect as a health risk order made under section 113 , and this subpart applies to the order with any necessary modifications. This section does not limit the power of the District Court to punish the failure to comply with an order made by a court as a contempt of Court. 126 Person must not recklessly spread notifiable disease or other notifiable condition Every person who recklessly puts another person at risk of contracting a notifiable disease or other notifiable condition commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $50,000, or to both. Every person who recklessly transmits a notifiable disease or other notifiable condition to another person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $100,000, or to both. A person does not commit an offence against subsection (1) or (2) merely by refusing, or failing, to be vaccinated against the condition. If a person is convicted of an offence against this section, the Court may, instead of sentencing the person to imprisonment, make an order imposing on the person whichever 1 or more of the requirements stated in section 114(1) that the Court thinks are necessary to prevent or minimise the health risk posed by the person. An order made under subsection (4) may be made instead of, or in addition to, imposing a fine. An order made under subsection (4) has effect as a health risk order made under section 113 and subpart 3 of this Part (apart from section 121 ) applies to the order with any necessary modifications. 127 Defences It is a defence in a prosecution for an offence against section 126(1) that at the time that the defendant put the other person at risk of contracting the condition, the other person knew the defendant had the condition and voluntarily accepted the risk of contracting the condition. It is a defence in a prosecution for an offence against section 126(2) that at the time that the condition was transmitted to the other person, the other person knew the defendant had the condition and voluntarily accepted the risk of contracting the condition. 128 District Court may make residence order The District Court may, on the application of a medical officer of health, order a person to reside in a specified place or places and to be supervised or cared for by a specified person or organisation if the Court is satisfied that— a the person is unable to care for himself or herself; and b as a result of that lack of care— i the health of the person is, or is likely to be, adversely affected; or ii the health of other persons is, or is likely to be, adversely affected; and c without the order, the person will not receive adequate care. 129 Application for residence order An application for a residence order may be made only by a medical officer of health. The medical officer of health may not apply for a residence order unless satisfied that the conditions for making the order are met. The application must be supported by an affidavit sworn by at least 1 medical practitioner that states the reasons for making the order sought. The medical officer of health must send a copy of the application to the Director of Public Health. 130 Help Action under other enactment This section applies if— a a medical officer of health could apply for a residence order in respect of a person; but b help could be provided to action could be taken in respect of the person under another enactment. The medical officer of health may apply for a residence order in respect of the person only if, in the opinion of the medical officer of health, the help provided action that could be taken under the other enactment would be less effective or less appropriate to the circumstances of the person. 131 Prior consultation by medical officer of health If a medical officer of health is considering applying to the Court for a residence order in respect of a person, the medical officer of health must, whenever practicable, consult with the person and may, at the person’s discretion after consulting with the person , consult with his or her family or whānau. The purpose of consultation under subsection (1) is to enable the medical officer of health to ascertain whether the need for a residence order can be avoided by voluntary compliance by the person and, if relevant, any assistance on the part of the family or whanau. 132 Case conferences The consultation under section 131 may, at the discretion of the medical officer of health, take the form of a case conference, which may be conducted by telephone or video link. 133 Duration of residence order A residence order lasts for the period stated in the order, which may not exceed 6 months. If no period is stated in the order, the order lasts for 6 months. 134 Residence order may be extended The Court may at any time, on the application of a medical officer of health, extend a residence order for a period of not more than 6 months if the Court— a is satisfied that a the Court has jurisdiction to make a new order of the same kind in respect of the person affected by the order; and b considers it is desirable to do so. The medical officer of health must send a copy of the application to the Director of Public Health. 135 Court may cancel or vary residence order The Court may, on the application of the medical officer of health or of the person affected by the order, cancel a residence order if the Court is satisfied that the order is no longer required. The Court may, on the application of the medical officer of health or of the person affected by the order, vary the terms of a residence order if the Court considers it desirable in the circumstances. 136 Appeals A medical officer of health and the person in respect of whom an order is made may each appeal to the High Court against a residence order or against the refusal to make such an order. Sections 122 and 123 , with all necessary modifications, apply to an appeal under subsection (1) . The medical officer of health must send a copy of every notice of appeal lodged under this section to the Director of Public Health. 137 Interpretation In this subpart, unless the context otherwise requires,— relevant officer has the same meaning as in section 140 required information means— a the name, age, sex, address, and telephone number of each contact of a person; and b information about the circumstances in which a condition to which this Part applies may have been communicated to, or by, the contact. For the purposes of this subpart,— a a person is the contact of another person if one of them may have communicated a condition to which this Part applies to the other; and b the contacts of an individual include persons who are— i the contacts of the contacts of the individual; and ii the contacts of persons described in subparagraph (i) . For the purposes of this subpart, the contacts of a person who has a condition to which this Part applies ( Person A ) are as follows: a any one of a number of persons to whom person A has, or may have, directly or indirectly, communicated that condition: b any one of a number of persons who have, or may have, communicated that condition to person A. 138 Purpose of subpart The purpose of this subpart is to prevent or limit the spread of a condition to which this Part applies by obtaining information about that condition and identifying, testing, and treating those at risk. 139 What contact tracing involves For the purposes of this subpart, contact tracing in respect of an individual with a condition to which this Part applies involves— a ascertaining the identity of each of the individual’s contacts; and b talking to each contact, so far as this is practicable and appropriate; and c ascertaining the circumstances in which that condition may have been communicated to or by the contact; and d providing information and advice to the contact about the risks that the contact faces because of his or her exposure to the condition, including, where appropriate, advice about— i medical examinations for the condition; and ii the risk that the contact may have communicated the condition to others; and iii the risk that the contact may pose to others; and iv appropriate exclusion, treatment, and prophylaxis; and e obtaining information about the contacts of that contact, including the required information in relation to those other contacts. 140 Meaning of relevant officer For the purposes of this subpart, in any case concerning the proposed or actual contact tracing in respect of an individual, the relevant officer is— a the medical officer of health if— i the identifying details of the individual have been notified under section 32(3)(b) ; or ii the fact that the individual has been charged with an offence against section 201 of the Crimes Act 1961 is reported to the medical officer of health; or iii the medical officer of health is requested under section 144(2) to carry out the contact tracing in respect of the individual: b the medical practitioner of the individual or a prescribed person , in any other case. 141 Appropriateness of contact tracing The relevant officer may form the view that contact tracing in respect of an individual with a condition to which this Part applies should be undertaken if the relevant officer considers that the purpose of this subpart is likely to be achieved by doing so. If the relevant officer is the medical officer of health, he or she may take into account any recommendation made by the medical practitioner of the individual. 142 Individual with condition to which this Part applies to provide certain information If the relevant officer has, under section 141 , formed the view that contact tracing in respect of an individual with a condition to which this Part applies should be undertaken, the relevant officer may direct the individual to give the relevant officer information about the circumstances in which the condition may have been communicated to, or by, the contact. Before directing an individual under subsection (1) , the relevant officer must inform the individual of the reasons for the direction. The individual must comply with a direction given under subsection (1) . 143 Consideration as to whether contact tracing can be undertaken by individual When an individual has been given a direction under section 142 , the relevant officer must consider whether it is appropriate for the individual to undertake the contact tracing, taking into account— a the seriousness of the health risk posed by the individual; and b the ability and willingness of the individual to undertake the contact tracing. If the relevant officer considers that it would be appropriate for the individual to undertake the contact tracing, the relevant officer may must ask the individual to undertake the contact tracing , to the extent of the individual's ability, and to report back to the relevant officer by a time specified by the relevant officer. 144 When relevant officer may undertake contact tracing This subsection applies whenever an individual has been given a direction under section 142 and 1 of the following is the case: a the relevant officer does not consider that it would be possible or appropriate for the individual to undertake the contact tracing; or b the relevant officer has asked the individual to undertake the contact tracing, and the relevant officer is not satisfied that the contact tracing has been undertaken or that it has been undertaken adequately. If subsection (1) applies,— a the relevant officer may undertake the contact tracing himself or herself or direct a delegate to do so; or b if the relevant officer is the medical practitioner of the individual concerned or a prescribed person , the medical practitioner or prescribed person may request the medical officer of health to undertake the contact tracing. The relevant officer must, wherever practicable, inform the individual of the course of action taken under subsection (2) . When a medical practitioner or a prescribed person makes a request under subsection (2) , the medical practitioner or prescribed person must inform the medical officer of health of— a the identity of the individual in respect of whom the contact tracing is to be undertaken; and b the medical history of the condition of the individual; and c any attempts made to undertake the contact tracing and whether, and the extent to which, those attempts have been successful. The medical officer of health may disclose any information obtained under subsection (3) only for the purposes of this subpart. On receiving a request under subsection (2) , the medical officer of health may undertake the contact tracing himself or herself or direct a delegate to do so. 145 Medical officer of health may direct certain persons to provide information For the purpose of identifying the contacts of an individual who has been given a direction under section 142 , a medical officer of health may approach the employer of the individual, any educational institution attended by the individual, or any business or other organisation that the individual has dealt with and direct that employer, institution, business, or other organisation to provide the medical officer of health with the names and addresses of the contacts of the individual that are known to the person whom the medical officer of health directs. A person may must provide information in response to a request made under subsection (1) despite anything in the Privacy Act 1993. 146 Duty of confidentiality A medical officer of health, a medical practitioner, or a delegate of those persons who approaches a contact under this subpart must not, so far as practicable, disclose to the contact the identity of the individual who may have communicated the condition to the contact or exposed the contact to the risk of contracting the condition. 147 Medical practitioner or medical officer of health may delegate powers, duties, and functions The medical officer of health and every medical practitioner and prescribed person may each delegate any of their respective powers, duties, and functions under this subpart, except this power of delegation, to a person who is suitably qualified to exercise them. The maker of the delegation must make the delegation in writing and sign it. The maker of the delegation is not prevented from exercising, or affected in his or her exercise of, any of the delegated powers, duties, or functions. The delegate may exercise the powers, duties, and functions in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act. Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. 148 Status of delegations A delegation made under section 147 continues in force according to its tenor until it is revoked. A delegation made by a medical officer of health who has ceased to hold office continues to have effect as if made by the medical officer of health’s successor. The maker of the delegation, or successor of the maker, may revoke the delegation at any time by written notice to the delegate. 149 Offence to fail to comply with direction to provide required information Every person commits an offence who, having been directed under section 142 or 145 to give any required information, refuses to give the required information or intentionally omits any part of that information or gives any information that the person knows to be false. A person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $10,000. 150 Interpretation In this subpart, close associate , in relation to a patient, includes— a a person with whom the patient lives in the same household; or b a person with whom the patient is having, or has had, contact of a sexual nature. 151 Medical practitioner or prescribed person may disclose certain matters to close associates This section applies if a medical practitioner or a prescribed person believes on reasonable grounds that a person— a has a serious condition; and b exposes a close associate of the patient person to a significant risk of contracting the condition; and c has failed to inform the close associate. The medical practitioner or prescribed person may give the close associate brief details about— a the likelihood of contracting the condition; and b the nature and source of the condition; and c ways of avoiding or managing the risk; and d the identity of the person with the serious condition if the medical practitioner or prescribed person considers disclosure necessary for the protection of the close associate. The medical practitioner or prescribed person must inform the person with the serious condition of any action taken under subsection (2) in relation to the person. 152 Medical practitioner or prescribed person may consult with medical officer of health Before a medical practitioner or a prescribed person takes the action permitted by section 151(2) , the medical practitioner or prescribed person may consult with a medical officer of health about the proposed action. In consulting with the medical officer of health under subsection (1) , the medical practitioner or prescribed person may disclose to the medical officer of health the identity of the person, even though the medical practitioner is not otherwise required to do so. 153 General powers and duties of territorial authorities in respect of public health It is the duty of every territorial authority to improve, promote, and protect public health within its district so far as the powers and functions conferred on it by this Act enable it to do so, and for that purpose every territorial authority must— a appoint, or arrange for another territorial authority to appoint, as many environmental health officers and other officers and employees as in its opinion are necessary for the proper discharge of its duties under this Act: b cause inspections of its district to be regularly made for the purpose of ascertaining whether any nuisances exist in the district: c if satisfied that a nuisance exists in the district, take all proper steps to stop the nuisance: d if premises present a risk to public health, take any remedial action required to prevent that risk (such as cleansing or disinfecting the premises): e perform, within its district, any functions conferred on it by any regulations and bylaws under this Act and to enforce those regulations and bylaws within the district: f where appropriate, make bylaws under and for the purposes of this Act or any other Act authorising the making of bylaws for the protection of public health. Subsection (1) does not limit the Local Government Act 2002. A territorial authority may delegate its powers and functions under this Act to any other territorial authority. To avoid doubt, no delegation relieves the territorial authority of the liability or legal responsibility to perform, or ensure the performance of, any function or duty under this Act. 154 Regional Councils may be required to provide Director-General or DHB with reports The Director-General or any medical officer of health employed by a DHB responsible for an area in the region of a Regional Council may, by written notice to the Regional Council, request the Regional Council to give the Director-General or the DHB a written report on any matter concerning the functions of the Regional Council that— a affects or may affect public health; and b arises in an area of that region specified in the notice (being, in the case of a medical officer of health employed by a DHB, an area for which the DHB is responsible). Without limiting the generality of subsection (1) , the public health matters on which a Regional Council may be requested to report on include the following: a the management of water sources in the specified area to be used as drinking water in the region and the sanitary state of those sources: b the air quality in the specified area of the region. The Regional Council must give the report to the Director-General or to the chief executive of the DHB by the date stated in the notice under subsection (1) . 155 Territorial authorities may be required to provide DHBs with reports The Director-General or any medical officer of health may, by written notice to the territorial authority, request the territorial authority to give the Director-General or the DHB responsible for an area in the district of the territorial authority a written report on any matter within an area of that district that affects or may affect public health. The territorial authority must give the report to the Director-General or the DHB by the date stated in the notice under subsection (1) . 156 Provisions relating to reports No report given under section 154 or 155 may contain information about an identifiable individual. The local authority that gives a report under section 154 or 155 may recover from the Director-General or, as the case requires, the DHB any reasonable costs directly attributable to the preparation of the report. The costs recoverable under subsection (2) do not include costs that are attributable to the performance of functions that the local authority is required to perform regardless of the preparation of the report. Nothing in section 154 or 155 requires a local authority to collect information that it neither holds nor is required to hold to perform its functions. 157 Duty of territorial authority to have environmental health officers For the purposes of this Part, every territorial authority must be able to access the services of a sufficient number of environmental health officers. Every territorial authority is accountable to the Director-General for compliance with the duty imposed by subsection (1) . A territorial authority may comply with subsection (1) , in whole or in part, by obtaining, under an arrangement with another territorial authority, the right to access the services of the environmental health officers of the other territorial authority. The Director-General may, by direction in writing, require a territorial authority to appoint, or make arrangements for the appointment of, a minimum number of environmental health officers. Before the Director-General issues a direction under subsection (4) , the Director-General must consult with the territorial authority about the proposed direction. If any territorial authority fails to appoint or to continue to employ the number of environmental health officers specified in any notice given under subsection (4) , then— a any health protection officer authorised by the Director-General may carry out the duties of an environmental health officer within the district of that territorial authority; and b the salary and other expenses of the health protection officer are payable by the territorial authority. The salary and other expenses of the health protection officer authorised by the Director-General are payable by the territorial authority. This section does not limit the power of the Director-General to give directions under section 8 . 158 Provisions governing appointments A territorial authority must not appoint a person as an environmental health officer unless satisfied— a that the person is suitably qualified and trained; and b if any regulations governing the appointment of environmental health officers are in force, that the appointment complies with those regulations. The territorial authority may do any or all of the following: a appoint persons to enforce all or specified provisions of this Part that the territorial authority is responsible for enforcing: b appoint persons to exercise all or specified powers given to environmental health officers by this Part: c appoint persons subject to limitations or restrictions on their exercise of powers. The territorial authority must provide every person appointed as an environmental health officer with a warrant or other instrument of appointment that specifies the powers the officer may exercise. 159 Functions of environmental health officers An environmental health officer has the following functions within the district of the territorial authority concerned: a to take action under this Part, under any bylaws, and under section 329 (which provides for the service of compliance orders) to— i detect, prevent, stop, and prosecute nuisances; and ii assist any medical officer of health or health protection officer responsible within an area in the district, on request, to take such action: b to advise the relevant local authority on environmental health matters involved in the development of district and regional plans under the Resource Management Act 1991: c to advise the territorial authority on environmental health matters involved in plans and assessments developed under the Local Government Act 2002 and, in particular, on the water and sanitary services assessments prepared under that Act: d to provide general advice to the territorial authority on those of its activities that relate to public health. 160 Sanitary services defined For the purposes of this subpart, sanitary services means 1 or more of the following: a facilities to procure raw water and supply drinking-water: b works for the treatment, reticulation, or safe disposal of sewage: c the collection and disposal of human waste: d public toilets: e activities and facilities to manage storm-water: f activities and facilities to manage solid waste and other refuse: g mortuaries, cemeteries, and crematoria. h disinfecting stations. Any facility, works, or structure referred to in subsection (1) includes— a the design, construction, commissioning, ongoing management, and maintenance of the facility, works, or structure; and b all lands, buildings, machinery, reservoirs, dams, tanks, and appliances used in connection with such facility, works, or structure. 161 Matters to be considered before directions given Before deciding whether to give a direction under section 162 , the Minister must consider— a whether the proposed direction is likely to address a risk to public health within the district of the territorial authority: b any evidence-based analysis of the nature and level of that risk: c the estimated costs and benefits arising out of the proposed direction: d whether there are any alternative courses of action that the territorial authority or the Minister could take to address the risk and, if so, the nature and likely effectiveness, costs, and benefits of those alternatives. In considering the matters under subsection (1) , the Minister must— a consult with the territorial authority and with any other interested persons that the Minister thinks appropriate; and b be guided by the interests of public health. 162 Minister may direct territorial authority about sanitary services The Minister may, by written notice, direct a territorial authority to do any 1 or more of the following: a provide for, or amend existing provisions for, a particular type of sanitary service in the water and sanitary services assessment that the territorial authority undertakes under Part 7 of the Local Government Act 2002: b provide for, or amend existing provisions for, a stated type of sanitary work in the long-term community council plan that the territorial authority is preparing under the Local Government Act 2002: c provide for, or amend existing provisions for, a stated type of sanitary work in the long-term community council plan that the territorial authority has most recently approved under the Local Government Act 2002: d undertake a particular sanitary service in a manner that meets any standards or level of performance that the Minister may specify. The Minister may, by written notice, direct a territorial authority to undertake a particular sanitary service in a manner that meets any standards or level of performance that the Minister may specify. Any directions given under subsection (1) may include requirements concerning the nature and quality of the sanitary service or sanitary work concerned and the areas in which the service or work is to be available. Any direction given may specify a time, not being less than 3 months after the direction is given, within which proposals for the carrying out of the service or work must be submitted to the Director-General, and may contain such general directions relating to the carrying out of the service or work, including a direction as to the amount of expenditure to be incurred, as the Director-General thinks fit. The territorial authority must comply with all directions given within a reasonable time. In the case of a direction under subsection (1)(d) , the territorial authority must provide the Director-General— a with a detailed schedule of proposed and completed applications for consents required, under the Resource Management Act 1991 or any other enactment, for the sanitary service; and b with reports on the design, construction, operation, and ongoing maintenance of the sanitary service. Before the Minister directs a territorial authority under this section, the Minister must consult the territorial authority about the proposed direction and must, in particular, consult about the timeframe within which the territorial authority is to submit proposals for the planning and construction of the sanitary service, having regard to the territorial authority’s planning cycle and the interests of public health. . All directions given under this section must be in writing and must be published in the Gazette as soon as practicable after they are given. 162A Proposals for complying with direction under section 162 A territorial authority which is directed under section 162 must within the time specified in the direction submit to the Director-General proposals for the provision, alteration, or extension of the sanitary service concerned in accordance with the direction. The proposals must include plans and specifications of the works and all other particulars of the work to be carried out, and an estimate of its cost. The Director-General may approve the proposals with or without modifications, which may include conditions subject to which the work is to be carried out, and the territorial authority must carry out the work in accordance with the proposals as approved. If the territorial authority fails to submit proposals within the time specified in the direction, or if the Director-General does not approve the proposals, the Director-General may himself or herself make proposals, and any proposals so made by the Director-General have effect as if made and submitted by the territorial authority. Before making or modifying any proposals the Director-General must send a draft of the proposals or modifications to the territorial authority and give the territorial authority an opportunity of making representations in relation to the draft. Notice of the Director-General’s final determination on the proposals must be served on the territorial authority. Any expenses incurred by the Director-General in connection with any proposal may be recovered as a debt due from the territorial authority to the Crown or may be deducted from any money payable by the Crown to the territorial authority. 163 Grants and subsidies for refuse disposal works, sewerage works, and water supplies For the purpose of contributing towards the cost of any of the activities specified in subsection (2) , the Minister may make any payment (whether by way of grant, subsidy, loan, or otherwise) that the Minister thinks fit in a particular case to a territorial authority. The activities are the investigation, planning, or construction of— a public water supplies: b refuse disposal works: c sewerage works: d works for the disposal of sewerage sewage . Every payment under subsection (1) must be paid out of money appropriated by Parliament. 164 Establishment of mortuaries and disinfecting stations Any territorial authority may, either separately or jointly with any other territorial authority or territorial authorities,— a provide, equip, and maintain places for the reception of dead bodies pending the carrying out of any post-mortem examination or until removal for interment; and b provide facilities for carrying out in the mortuaries post-mortem examinations authorised under the Coroners Act 2006 or under any other enactment and for making good for burial dead bodies on which such post-mortem examinations have been carried out; and c provide, equip, and maintain disinfecting and cleansing stations, plant, equipment, and attendance for the cleansing of persons and for the disinfection of bedding, clothing, or other articles which have been exposed to or are believed to be contaminated with a communicable condition, or which are otherwise a public health risk; and d provide vehicles for the conveyance of infected articles and any other accommodation, equipment, or articles required for dealing with any epidemic or emergency; and e provide disinfectants for public use. No Except in an emergency, no building may be used under this section as a mortuary or as a disinfecting or cleansing station unless the plans and specifications and the site of the building have been approved by the Director-General. 165 Duties of local territorial authorities as to burials Where the body of any person who has died is a risk to public health, the medical officer of health may— a order the body to be buried immediately, or within a time limited in the order; and b if he or she thinks fit, order that the body, pending burial, be removed to the nearest mortuary. If the order is not complied with, the local territorial authority must ensure that the body to be is buried immediately or is removed to a mortuary for the purpose of being buried. Any order under this section may be complied with on behalf of and at the cost of the local territorial authority by any— a health protection officer; or b member of the police; or c any person authorised for that purpose by the medical officer of health or health protection office. If the body is removed to the mortuary, the local territorial authority must ensure that it is buried. The expenses of the removal and burial of the body by the local territorial authority may be recovered from any person legally liable to pay the expenses of the burial, as a debt due to the local territorial authority. Every person commits an offence against this Act who in any way prevents or obstructs the due and prompt execution of any order under this section or of any of the powers exercisable under this section. In this section, references to burial include references to cremation in any case where cremation may be lawfully carried out. 166 Nature of nuisance A nuisance is an activity or state of affairs that is, or is likely to be, injurious to public health. A nuisance is an activity or state of affairs that— a is, or is likely to be, injurious to health; or b is offensive to persons in the area in which the activity is carried out or the state of affairs exists. For the purposes of subsection (1)(b) , an activity or state of affairs is not offensive unless reasonable persons in the area would regard it as unacceptable. A nuisance may, without limitation, arise from or be constituted by any 1 or more of the following: a buildings or structures: b land, air, water, or land covered by water: c animals, insects, or birds: d refuse or accumulations of material: e noise or vibrations: f emissions or discharge. In particular, a nuisance may arise from or be constituted by any 1 or more of the following: a human or animal waste, defective toilets, sewers, or drains: b locations that are, or are likely to become, breeding grounds for rats, mosquitoes, or other vectors and vermin: c dwellings that are overcrowded or otherwise insanitary: d dirt or odour: e animal carcasses: f composting. In this section,— a neither subsection (2) nor (3) limits subsection (1) ; and b subsection (3) does not limit subsection (2) . 167 Duties of territorial authority A territorial authority must ensure that its district is regularly inspected to ascertain if any nuisances exist in its district. If satisfied that a nuisance exists in its district, the territorial authority must take all proper steps to stop the nuisance. 168 Inspections to ascertain existence of nuisance For the purpose of ascertaining whether any nuisance exists in any place, an environmental health officer may enter any land or premises at any reasonable time and inspect that land or those premises. When entering land or premises under this section, an environmental health officer may— a take on to the land or into the premises any appliances, machinery, and equipment reasonably necessary for ascertaining whether any nuisance exists; and b for the purpose of ascertaining whether any nuisance exists, take samples using any equipment mentioned in paragraph (a) . and to take photographs or sound or video recordings of the land or premises; and c be accompanied by any person authorised by the environmental health officer to assist him or her in the inspection. Subsection (2) does not limit section 353 . This section is subject to section 327 and to sections 352 to 358 (general provisions relating to entry and search powers). 169 Offence to cause or permit nuisance Every person who, without lawful justification or excuse, does anything in the knowledge that it causes or continues a nuisance commits an offence. A person who has been convicted of an offence under this section commits a further offence or offences if the person, being lawfully able to stop the nuisance, fails or neglects, or continues to fail or neglect, to do so. A person who commits any offence against this section is liable on summary conviction to a fine not exceeding $10,000. 170 Provisions of this subpart do not limit other rights This subpart does not limit any right, remedy, or proceeding under any other enactment or at law or in equity. To avoid doubt, subsection (1) does not authorise the punishment of a person for the same offence both under this subpart and under any other enactment or bylaw. 171 Rectification orders The District Court, if satisfied that a nuisance exists or that a nuisance that has been stopped is likely to recur may, on application by any person , make a rectification order. A rectification order may do either or both of the following: a require the owner and the occupier to stop the nuisance: b prohibit the recurrence of the nuisance. The District Court may specify in the rectification order the work to be done in order to stop the nuisance or prevent its recurrence, and the time within which the work must be done. 172 Buildings or dwellinghouses unfit for human occupation If, on making a rectification order in respect of a nuisance, the Court is of the opinion that the nuisance makes a dwelling house or other building unfit for human occupation, the Court may, by the same or any subsequent order, prohibit the use of the dwelling house or building for that purpose until the nuisance has been effectively stopped to its satisfaction, or until provision has been made to its satisfaction to prevent the recurrence of the nuisance. The Court may rescind the order when it is satisfied that the nuisance has been effectively stopped, or, as the case may be, that due provision has been made to prevent its recurrence. 173 Effect of order under section 172 Until an order under section 172 is rescinded, it is not lawful to let or occupy the dwelling or building to which the order relates. 174 District Court Judge may view place and summon owner or occupier In any proceedings for a rectification order, the District Court Judge may do 1 or more of the following: a examine the place where the nuisance is alleged to exist: b authorise any other person to do so and report to the Judge: c direct that another owner or occupier of a place be joined as a party to the proceedings. 175 Breach of order is offence Every person who is bound by a rectification order commits an offence who, without reasonable excuse, fails to duly comply with that rectification order. Every person commits an offence who does anything in the knowledge that it contravenes a rectification order. A person who commits an offence against this section is liable on summary conviction to a fine not exceeding $50,000. This section does not limit the power of a District Court to punish any non-compliance or contravention as a contempt of Court. 176 On default of owner, territorial authority must carry out work If the owner or occupier of land or premises in which a nuisance exists fails to do the work necessary to stop the nuisance effectively, or to prevent its recurrence, the territorial authority must do that work, or arrange for it to be done, at the expense of the owner and the occupier, who are jointly and severally liable for the cost of the work. If there is no known owner or occupier of the land or premises in which the nuisance exists, or if the owner or occupier cannot be found, the Court may by order direct that the nuisance be stopped by the territorial authority at the expense of the territorial authority. 177 Power to stop nuisance without notice If an environmental health officer of a territorial authority believes on reasonable grounds that a nuisance on any land or premises within the district of the territorial authority poses a significant risk to public health in the area, the environmental health officer may— a enter that land or premises; and b stop the nuisance. Without limiting section 353 , the environmental health officer may be accompanied by any person authorised by the environmental health officer to assist him or her in stopping the nuisance. Despite subsection (1) , no environmental health officer may enter any land or building that is a defence area (within the meaning of section 2(1) of the Defence Act 1990) except in accordance with a written agreement between the Director-General and the Chief of Defence Force entered into for the purposes of this section and for the time being in force. In stopping any nuisance, the environmental health officer must avoid, to the greatest extent practicable, the destruction of, or any irreversible change to, any premises. Despite subsection (3) , the environmental health officer may destroy 1 or more articles on the land if the environmental health officer believes on reasonable grounds that the destruction is necessary to eliminate or mitigate the risk to public health posed by the nuisance. As soon as practicable after stopping, or attempting to stop, a nuisance under this section, the environmental health officer must apply for a rectification order under section 171 . No notice is required to exercise the powers under this section. The owner and any occupier of the land or premises are jointly and severally liable for any costs incurred by the territorial authority in stopping the nuisance. This section is not subject to section 327 but is (other than subsection (5) (6) ) is subject to sections 352 to 358 (general provisions about entry and search powers). 178 Interim closure of dwellinghouse posing serious risk to public health If the insanitary condition of a dwellinghouse constitutes a nuisance that poses a significant risk to the health of the occupants of the dwellinghouse, the environmental health officer may serve notice of a prohibition on the occupier of the dwellinghouse prohibiting the use of the dwellinghouse for human occupation while occupants are subject to that risk. A prohibition under subsection (1) takes effect 24 hours after notice of the prohibition is served. When the environmental health officer applies for a rectification order, as required by section 177 (4) (5) , the District Court may— a quash the prohibition; or b for the time that the application is heard and determined, confirm or vary the prohibition. A dwellinghouse is insanitary for the purposes of this section if— a the occupants of the dwellinghouse do not have an adequate supply of potable water; or b the occupants of the dwellinghouse do not have access to adequate ablution and sanitary facilities; or c the dwellinghouse is infested by vermin; or d the occupants are surrounded by animal or human waste or refuse; or e the dwellinghouse harbours biological, chemical, or radiological hazards; or f the dwellinghouse is, by reason of its situation or condition, likely to cause injury to the health of the occupants of the dwellinghouse. 179 Nuisance caused by act or default outside district For the purposes of this subpart, a location outside the district of a territorial authority is taken to be wholly inside that district if a nuisance existing within the district is wholly or partly caused by some act or default in that location. If a nuisance existing within the district of a territorial authority ( Authority A ) has its origins in a location that is part of the district of another territorial authority ( Authority B ), Authority A and any environmental health officer employed by Authority A may take any action under this subpart in respect of that location as if it were part of the district of Authority A. Before Authority A or any environmental health officer employed by Authority A takes any action under subsection (1) , Authority A must notify Authority B about the proposed action. Subsection (2) does not apply if the need for action is urgent. 180 Recovery of expenses and costs of territorial authority All expenses incurred by or on behalf of a territorial authority in stopping a nuisance or in preventing its recurrence, together with reasonable costs in respect of the services of the territorial authority, are— a recoverable from the owner or the occupier of the land or premises in respect of which they are incurred as a debt due to the territorial authority; and b until paid, a charge on that land, which may be registered against that land in accordance with the Statutory Land Charges Registration Act 1928. All materials, refuse, and things removed in doing any work done, or arranged by, the territorial authority in stopping a nuisance or in preventing its recurrence, must be sold, destroyed, or otherwise disposed of as the territorial authority thinks fit. The territorial authority is entitled to the proceeds of a sale or other disposal under subsection (2) . 181 Inadequate response to nuisance representing significant health risk This section applies if a medical officer of health who is responsible for an area in the district of a territorial authority believes on reasonable grounds that— a a nuisance exists in the area; and b the nuisance presents a significant risk to health; and c the territorial authority has not taken adequate action to investigate the nuisance or take actions under this subpart that are appropriate in the circumstances. The medical officer of health may direct the territorial authority— a to take any action under this subpart in respect of the nuisance: b to take any action to prevent or remedy risks to public health emanating from the nuisance. The directions must be in writing. The territorial authority must comply with the directions and must do so at the cost of the territorial authority. Before the medical officer of health issues directions under this section, the medical officer of health must consult with the territorial authority about the proposed directions. 182 Medical officer of health may take enforcement action Subsection (2) applies if the territorial authority fails to comply with a direction given under section 181 . The medical officer of health may take any action under this subpart in respect of the nuisance that the territorial authority could have taken. Sections 166 to 180 apply, with any necessary modifications, to any action taken by a medical officer of health under this section as if a reference in any of those sections to— a the territorial authority were a reference to the medical officer of health; and b a reference to an environmental health officer were a reference to a medical officer of health or health protection officer. The territorial authority is liable for all costs incurred by the medical officer of health under this section. 183 Determinations permitting activities not affected No action taken or direction made under this subpart in respect of an activity affects any determination under an enactment (including a resource consent granted under the Resource Management Act 1991) by which the activity (a permitted activity ) is permitted. The provisions of this subpart apply to a permitted activity that wholly or partly constitutes a nuisance. Despite subsection (2) , no action or determination under this subpart may stop a permitted activity, but any such action or determination may mitigate any health risks or nuisance posed by the activity. However, the activity may be stopped if the health risks posed by the activity were not foreseen at the time that the activity became a permitted activity. Subsection (4) overrides subsection (3) . 183 Authorised activities In this section, authorised activity means an activity that is specifically authorised by a determination made under an enactment. If the nature and extent of any risks to public health posed by an authorised activity were taken into account by the council, court, body, or person in making the determination that authorised the activity, then— a the authorised activity may not be stopped under this subpart; but b the risks may be mitigated under this subpart. Except as provided in subsection (2) , this subpart applies to authorised activities. 184 Public health bylaw defined A public health bylaw is a bylaw made under this Act or under the Local Government Act 2002 or under any other enactment for any of the purposes specified in section 186(1) . 185 Consultation required before territorial authority makes public health bylaw Before a territorial authority makes a public health bylaw, the territorial authority must consult about the proposed bylaw with the DHB responsible for the area in the district of the territorial authority. 186 Bylaws Bylaws may provide for all or any of the following purposes: a improving, promoting, or protecting public health, and preventing or stopping nuisances: b the maintenance and operation, in a safe and efficient manner, of particular sanitary services or classes of sanitary services, whether owned or managed by the territorial authority or by any other person: c the prevention of harm from particular sanitary services or classes of sanitary services, whether owned or managed by the territorial authority or by any other person: d prescribing the minimum area of land on which a dwellinghouse may be erected in the district of the territorial authority or any specified part of the district: e preventing the overcrowding of land with buildings and, in particular, prescribing the minimum air space adjacent to any dwellinghouse or any specified class of dwellinghouse that must be kept free of buildings or other structures: f prescribing minimum frontages for buildings in relation to roads: g regulating drainage and the collection and disposal of sewage, and prescribing conditions to be observed in the construction of approved drains: h requiring the cleansing of buildings and the paving and sanitation of yards and other areas connected with buildings: i regulating, licensing, or prohibiting the keeping of any animals in the district or in any part of the district: j making provision for the proper cleansing, ventilation, sanitation (including the provision of public toilets), and disinfection of theatres, halls, and churches, and public meeting places, and requiring those buildings and places to be closed for admission to the public at any intervals and during any periods specified to enable that cleansing, ventilation, and disinfection to be effectively undertaken: k regulating and prescribing the cleansing and renovation of public conveyances: l prescribing the sanitary precautions to be adopted in respect of any business, trade, or trade waste: m preventing the outbreak or spread of disease by the agency of rats, mosquitoes, or other vectors: n protecting food for human consumption and any water supply from pollution: o regulating the emission of smoke from the funnels of ships, and from chimneys other than chimneys of private dwellinghouses: p providing for the inspection of any land or premises for the purposes of this Act: q generally, providing for matters that are necessary for the administration, or for giving full effect to, the provisions of this Act relating to the powers and duties of territorial authorities. The powers conferred by this section are in addition to the powers conferred on a territorial authority by any other Act. This Part does not prevent a territorial authority from making bylaws that provide for greater protection of public health and greater protection from nuisances than this Part provides. To avoid doubt, no bylaws made under this section or under the Local Government Act 2002 may permit a lower standard of public health protection than that required by this Act. 187 Application of other enactments to bylaws Subpart 1 of Part 8 of the Local Government Act 2002, sections 162, 239, and 242 of that Act, and the Bylaws Act 1910 apply, with any necessary modifications, to bylaws made under section 186 . 188 Local Government Act 2002 amended This section amends the Local Government Act 2002. The following section is inserted after section 152: 152A Effect of Public Health Act 2007 on bylaws made under this Act Public health bylaws 1 Before a territorial authority makes a public health bylaw, the territorial authority must consult about the proposed bylaw with the district health board responsible for the area in the district of the territorial authority. (2) A council territorial authority may make bylaws in respect of public health and safety under section 145(b) that provide protection in respect of circumstances and situations that are not expressly provided for by or under the Public Health Act 2007 . 3 In this section, public health bylaw means a bylaw for the purpose of protecting, promoting, or maintaining public health or protecting the public from nuisance. 189 Review of territorial authorities The Director-General may, on his or her own initiative or at the request of the Minister, review whether a territorial authority is properly exercising or performing its powers, functions, or duties under this Part. The Director-General must— a give the territorial authority a reasonable opportunity to make written submissions on the review; and b consider those submissions (if any). The Director-General must, after completing the review, report to the Minister if he or she believes that the territorial authority is not properly exercising or performing its powers, functions, or duties under this Part. 190 Non-performance by territorial authority This section applies if, after considering a report under section 189 on a territorial authority and any submissions by the territorial authority on the report, the Minister considers that the territorial authority is not properly performing its functions or duties, or exercising its powers, under this Part. The Minister may, in consultation with the Minister of Local Government, appoint 1 or more persons to act in place of the territorial authority by performing all or any of the territorial authority’s powers, functions or duties under this Part. 191 Order for mandamus The Minister may apply to the High Court for an order for mandamus to compel a territorial authority to perform any duty that the territorial authority has failed to perform under this Part. 192 Action under certain other enactments to be preferred This section applies if any activity takes place or a state of affairs exists in a district of a territorial authority in respect of which the territorial authority may take action either— a under this Part; or b under 1 or more of the following Acts: i the Building Act 2004: ii the Hazardous Substances and New Organisms Act 1996: iii the Local Government Act 2002: iv the Resource Management Act 1991. The territorial authority may take action under this Part only if the territorial authority forms the view that— a the activity or state of affairs is a risk to public health; and b any action under any of the Acts mentioned in subsection (1)(b) would be less appropriate in the circumstances of the case. 193 Bylaws under this Part prevail over other bylaws If there is an inconsistency between a bylaw made by a territorial authority under this Part and a bylaw made by the territorial authority under another enactment, the bylaw made under this Part prevails to the extent of the inconsistency. 194 Objective The objective of this Part is to enable the imposition of 1 or more controls on regulated activities in order to prevent, reduce, or eliminate the risks to public health associated with those activities. Any restrictions imposed under this Part should, wherever practicable, be proportionate to those risks. 194AA This Part does not apply merely because of continuation of existing regulations An activity is not taken to be a regulated activity merely because the activity is regulated by regulations that, by section 380 , are to be treated as having been made under this Act. 194AA Expiry of section 194AA Section 194AA expires with the close of 1 July 2012 and on the close of that date is repealed. 194A Minister may recommend making of regulations The Minister may recommend to the Governor-General that regulations be made under this Part in respect of an activity that poses a risk to public health. In deciding whether to recommend that regulations be made in respect of an activity, the Minister must consider— a whether the activity poses a risk to public health and, if so, the nature and magnitude of the risk: b if the risk to public health is constituted by potential harm, the likelihood of that harm occurring: c whether the risk of that harm is likely to be prevented, mitigated, or adequately managed by regulations: d whether the activity is already regulated under another enactment. Before the Minister recommends that regulations be made in respect of an activity, the Minister must be satisfied that—. a the activity poses a risk to public health; and b it is appropriate that persons carrying on the activity be required to have 1 or more of the following: i a current consent: ii an approved public health risk management plan: iii a periodic assessment of the activity. In considering the substance of any recommendation in respect of an activity, the Minister must consider the nature of the activity, the seriousness of the risk posed by the activity, and the degree to which proposed requirements to be specified in regulations are proportionate to the risk posed by the activity. Before the Minister makes a recommendation under this section, the Minister must consult any persons likely to be affected by the recommendation, including, without limitation, representatives of local government and Maori interests, that the Minister considers appropriate. 194B Regulations in respect of activities The Governor-General may, by Order in Council, on the recommendation of the Minister made under section 194A , make regulations in respect of any activity described in the regulations for all or any of the following purposes: a prescribing requirements, standards, criteria, mandatory objectives, functional requirements, performance measures, or objectives that must be observed or at- tained in carrying on the activity: b prescribing specifications or criteria for any place or premises in which the activity is carried on or for any equipment used in carrying on the activity: c providing that the activity may not be carried on in a district without a current consent of a consent authority in the district and prescribing a maximum period of not more than 36 months up to which such a consent, or any renewal of any consent, may, in accordance with the determination of the consent authority, be in force: d providing for the kinds of conditions subject to which any consent, or a consent of a particular kind, may be issued: e providing that, instead of or in addition to the requirement for a consent authorised by paragraph (c) , the activity may not be carried on in any district without a current public health risk management plan that has been approved by an assessor or by the consent authority in that district and prescribing the form of such a public health risk management plan: f determining whether the activity may be carried on in any district only if the compliance in the district of the activity with this Part, the regulations, any conditions on any consent, or any public health risk management plan is periodically assessed by an assessor and prescribing the nature of such assessments and the intervals at which they must be made: g prescribing the form and content of certificates issued by assessors under section 199(2) : h determining whether the relevant consent authorities for the activity are to be DHBs or territorial authorities or authorising the Director-General to determine, in respect of the activity, whether the relevant consent authority for any area is to be the DHB or the territorial authority that is responsible for that area: i prescribing the matters that must be contained in an application for a consent or in an application for a renewal of a consent: j prescribing the kinds and forms of records that persons carrying on the activity must keep and the particulars that must be recorded in those records: k requiring any person carrying on the activity to be accredited by a professional or occupational body recognised by the Director-General, and requiring compliance with the applicable rules or codes of practice issued or adopted by that body: l prescribing any particulars to be entered on a record under this Part: m prescribing the periods for which, and the ways in which, records that consent authorities receive and make under this Part must be held by those authorities, and prescribing the manner in which any such records required to be sent to the Director of Public Health are to be sent: n fixing charges payable in respect of any function performed under this Part by a consent authority that is a DHB, or by a reviewer who is appointed by any such consent authority, or by an assessor who is appointed by the Director-General or authorising any such charges to be determined by such a consent authority by reference to scales of charges or other formulae fixed by the regulations. 194C Incorporation by reference Any regulations made under section 194B may incorporate material by reference. Sections 337 to 344 (the standard provisions about incorporation by reference) apply. 195 Duty to comply with this Part Every person who carries out a regulated activity must comply with this Act, the applicable regulations, any conditions on the consent (if any) granted for the activity, and the requirements of any public health risk management plan approved for the activity. Every person who, without reasonable excuse, contravenes subsection (1) commits an offence punishable on summary conviction by a fine not exceeding $200,000. If the person convicted under subsection (1) holds a consent to carry out the risk activity, the Court may, in addition to, or instead of, imposing a fine, cancel the person’s consent. 196 Taking of all practicable steps to prevent risks to public health Every person responsible for carrying on a regulated activity must, in respect of circumstances that the person knows about or ought reasonably to know about, identify all reasonably identifiable risks to public health that may arise from the activity and must take all practicable steps to prevent those risks. In subsection (1) , all practicable steps , in relation to the achievement of any particular result, means all steps to achieve that result that it is reasonably practicable to take in the circumstances, having regard to— a the nature and severity of the harm that may be suffered if the result is not achieved; and b the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and c the current state of knowledge about harm of that nature; and d the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means ; and e the availability and cost of each of those means. Every person who contravenes subsection (1) commits an offence punishable on summary conviction by a fine not exceeding $200,000. It is a defence to a prosecution under subsection (3) that the defendant defendant's conduct on which the prosecution is based complied with this Part (other than this section) , the applicable regulations, any conditions on any consent granted for the activity to which the alleged offence relates, and the requirements of any public health risk management plan approved for the activity. 197 Consent holder must advise relevant consent authority of important changes A consent holder must advise the relevant consent authority of any important change in the consent holder’s circumstances not later than 14 days after the change occurs. For the purposes of subsection (1) , an important change is one that relates to any matter about which information is sought in, or in connection with, an application for a consent or an application for a renewal of a consent, or the occurrence of an event, action, or failure that disqualifies the consent holder from holding a consent, or a change of a kind specified by regulations. Every person who contravenes subsection (1) commits an offence punishable on summary conviction by a fine not exceeding $10,000. 198 Persons carrying on regulated activities must assist assessors and designated officers in exercise of powers A person carrying on a regulated activity must, on request, provide an assessor or a designated officer with any reasonable assistance that the person is able to provide if that assistance is necessary for the lawful exercise of a power conferred on the assessor or officer in respect of the risk activity. Every person who contravenes subsection (1) commits an offence punishable on summary conviction by a fine not exceeding $10,000. In this section, designated officer means a medical officer of health, a health protection officer, or an environmental health officer designated by a consent authority for the purpose of enforcing this Part. This section does not require a person to give any answer or information tending to incriminate that person. 199 Periodic compliance assessments of operators of activities If required by regulations, every person who carries out a regulated activity must arrange with an assessor to assess, at the intervals shown on the consent of the person or specified by regulations, the compliance of the operation of the regulated activity with this Act, the applicable regulations, any conditions imposed on the consent, any public health risk management plan, and any applicable rules or code of practice. If the assessor, following an assessment under subsection (1) , is satisfied that the operation of the regulated activity complies with the Act, the applicable regulations, any conditions imposed on the consent, any public health risk management plan, and any applicable rules or code of practice, the assessor must issue to the consent holder a certificate to that effect. The assessor must send a copy of the certificate to the relevant consent authority. If, following an assessment, the assessor forms the opinion that the operation of the regulated activity fails to comply in any respect, the assessor must report that opinion and the reasons for it to the consent holder and to the relevant consent authority. 200 Application of subpart This subpart applies to regulated activities specified by the regulations as requiring for which a consent is required by regulations made under this Part . 201 Person proposing to carry on regulated activity must apply to relevant consent authority A person proposing to carry on a regulated activity must apply to the relevant consent authority for a consent in a form provided by the consent authority. The form must require the person completing the form to give the following information: a the name and contact details of the applicant: ab in the case of an individual, the individual’s date of birth: b in the case of a body corporate or partnership, the name and contact details of every director or partner: c the activities for which the consent is sought: d the description, address, and, if required for the purposes of identification, a plan of the location or locations to be used for the activities for which the consent is sought: e an address for service of the applicant: f the systems to be adopted and applied in satisfying the requirements of this Part, the applicable regulations, and any required public health risk management plan: g any other information to enable the consent authority to assess whether the applicant is eligible to hold the consent sought. The application must be signed and dated by or on behalf of the applicant. 202 Application to be accompanied by payment and public health risk management plan, if required Every application must be accompanied by the payment of any administrative charge fixed under section 210 and, if required by any regulations, by a duly completed and approved public health risk management plan. The consent authority may refuse to consider an application or grant a consent until the appropriate charge has been paid. 203 Consent authority to obtain report and respond to application within 20 working days On receipt of an application, the consent authority must obtain a report on the application from an environmental health officer (if the consent authority is a territorial authority) or a medical officer of health or health protection officer (if the consent authority is a DHB). A report under subsection (1) must state whether the application complies with this Part, any applicable regulations, and whether the public health risk management plan (if required) has been duly completed and approved. Within 20 working days after receipt of an application for consent, the consent authority must— a grant the application under section 204 ; or b grant a provisional consent under section 205 ; or c advise the applicant, in accordance with section 206(1) , that the application does not comply or that the authority requires further information. 204 Grant of application A consent authority may grant an application for a consent if the consent authority— a has obtained a report under section 203 about the application; and b is satisfied that the application complies with this Part, any applicable regulations, and that any public health risk management plan has been duly completed and approved. If the consent authority grants an application for consent, the authority must issue the consent to the applicant. The consent authority may issue the consent without conditions or subject to any conditions that comply with any relevant regulations made under section 194B and that , in the opinion of the consent authority, are necessary to minimise any risks from the activity to public health. A consent must state the following: a the nature of the activity: b the name of the consent holder: c the period of the consent: d the premises in which or from which the activity is carried on: e any conditions that attach to the consent: f the intervals at which the compliance of the activity with this Part, any applicable regulations, and the consent must be assessed and certified in accordance with this Act and the regulations. Every consent holder must ensure that a copy of the consent is prominently displayed so as to be readily visible to the public at every place of business where the activity concerned is carried on. 205 Provisional consent may be granted The consent authority may grant a provisional consent for a period not exceeding 6 months. The consent authority may make— a the provisional consent subject to any conditions that may be imposed under any relevant regulations made under section 194B and that , in the opinion of the consent authority, are necessary to minimise any risks from the activity to public health; and b make the grant of a further consent dependent on the supply of further information or on the performance and compliance of the consent holder in carrying out the activity under the provisional licence. The consent authority may grant only 1 provisional consent in respect of any application. 206 Advice about non-compliance and requests for further information If the application does not comply with the requirements set out in, or provided under, this Part or if further information is required to enable the authority to consider the application, the consent authority must advise the applicant in writing on any of the following matters: a why the application fails to comply and whether or not it can be brought into compliance: b if the application fails to comply, the steps required to bring it into compliance: c any further information that the authority requires for its consideration of the application. The consent authority may require that any further information submitted with or in relation to the application be verified by statutory declaration. If the application is not brought into compliance, or the further information is not supplied, within 6 months of the date of the advice given under subsection (1) , or within such further time as the consent authority allows, the application lapses. If the consent authority states under subsection (1)(a) that the application cannot be brought into compliance, the application is refused and this must be stated in the advice. If the consent authority is satisfied that, in view of the steps taken by the applicant or any further information provided, the application should be granted, the authority must grant the application in accordance with section 204 and must advise the applicant within 10 working days of making that decision. 207 Renewal of consent If an application for renewal of a consent is made 3 months before the expiry of the consent, the consent continues in force until the application for renewal is determined. This Part and any applicable regulations apply to an application for a renewal of a consent as if it were an application for a new consent. An applicant for renewal of a consent must submit with the application a memorandum, signed by the applicant, that states— a whether it is the case that, since the consent was last granted, any new risks or other relevant issues have become apparent, including, without limitation, any inadequacies in any public health risk management plan or in other conditions on the consent; and b if that is the case, the nature of those risks, issues, or inadequacies and how the applicant is addressing, or proposes to address, those risks, issues, or inadequacies . Subsection (2) is subject to any applicable regulations that provide for applications for renewals of consents. 208 Amendments to public health risk management plan may be required on renewal On an application for the renewal of a consent, the consent authority may require, as a condition for granting the renewal, that amendments be made to any public health risk management plan— a to rectify any deficiencies in the plan that have become apparent since its approval; or b to respond to changes of the kind described in subsection (2) . The kinds of changes are— a changes in the nature of the risks to public health referable to the consent holder’s activities or to activities of a comparable type: b changes in the knowledge of experts about the risks to public health referable to the consent holder’s activities or to activities of a comparable type. 209 Applicant for consent or renewal must advise consent authority of important changes An applicant for a consent or for a renewal of a consent must promptly advise the consent authority of any important change in the applicant’s circumstances. For the purposes of subsection (1) , an important change is one that relates to any matter about which information is sought in, or in connection with, an application for a consent or an application for a renewal of consent, or the occurrence of an event, action, or failure that disqualifies the applicant from holding a consent under this Part, or a change of a kind specified by any applicable regulations. Every person who contravenes subsection (1) commits an offence punishable on summary conviction by a fine not exceeding $10,000. 210 Administrative charges A consent authority may fix charges payable by applicants for a consent or for the renewal of a consent. A consent authority that is a territorial authority may fix charges payable in respect of any function performed under this Part by the consent authority, or by a reviewer or an assessor who is appointed by the consent authority. Charges fixed under subsection (1) may be either specific amounts or determined by reference to scales of charges or other formulae fixed by the consent authority. If the consent authority is a territorial authority, charges Charges may be fixed under subsection (1) only after using the special consultative procedure set out in section 83 of the Local Government Act 2002. If the consent authority is a DHB, charges may be fixed under subsection (1) only at a public meeting of the board held after the DHB has given public notice of the substance of the proposal and the meeting of the board at which it is to be considered. The sole purpose of a charge fixed under subsection (1) or fixed or authorised by section 194B is to recover the reasonable costs incurred by the consent authority in respect of the activity to which the charge relates. If a charge fixed under subsection (1) is payable to a consent authority, the consent authority need not perform the action to which the charge relates until the charge has been paid to it in full. 211 Mandatory cancellation A consent authority must cancel a consent if, after giving notice under section 213 and considering any submissions given under that section, the authority is satisfied that— a the consent was issued because of any false or fraudulent representation or declaration, made either orally or in writing; or b the cheque for the payment of the charge for the application on which the consent was issued has been dishonoured; or c the consent holder has ceased to carry on the activity for which the consent was issued. 212 Discretionary cancellation A consent authority may cancel a consent if, after giving notice under section 213 and considering any submissions given under that section, the authority is satisfied that the consent holder has breached 1 or more requirements of this Part or of any applicable regulations or of any conditions imposed on the consent, and that cancellation is in the interest of protecting public health. 213 Steps to be taken before consent cancelled A consent authority may not cancel a consent under this Part unless it— a has given notice to the consent holder stating why the authority believes that the consent must or should be cancelled and informing the consent holder that the consent holder may, within 10 working days after the date of the notice, make written submissions to the consent authority on the proposed cancellation; and b has considered the submissions (if any) received in response to, and within the 10 working days specified by, the notice given under paragraph (a) . The consent authority must give the person whose consent has been cancelled a notice stating the grounds on which the consent has been cancelled and the date on which the cancellation takes effect (which may not be earlier than the date of the notice). 214 Surrender of registration consent A consent holder may at any time surrender the consent holder’s consent. If a consent holder ceases, for any reason, to carry on the activity for which the consent was issued, the consent holder must notify the authority within 20 working days after the cessation and surrender the consent to the authority. 215 Review of refusal or cancellation This section applies to a person— a whose application for a consent or for a renewal of a consent has been refused; or b whose consent has been cancelled; or c who objects to a condition imposed on the consent issued to the person. The person may apply to the chief executive of the body that is the consent authority for a review of the decision to refuse the application or to cancel the consent or to impose the condition. The person must apply not later than 20 working days after the day on which the person is notified of the decision. 216 Appointment of reviewer and conduct of review On receipt of an application made in accordance with section 215 , the chief executive of the consent authority must appoint a person to conduct the review (the reviewer ). The reviewer— a must conduct the review independently; and b must not have had any previous involvement in the case; but c may be an employee of the consent authority. The purpose of the review is to determine whether or not the consent authority’s decision is well founded. The reviewer must assess the decision under review by applying the relevant provision of this Part. The reviewer must conduct the review on the papers unless the reviewer finds that the purpose of the review cannot be achieved without holding a hearing. If, after conducting the review, the reviewer considers the decision well-founded upholds the decision , the reviewer must confirm the decision. If, after conducting the review, the reviewer does not consider the decision well-founded uphold the decision , the reviewer must direct the consent authority to reconsider the decision, and to have regard to any matters specified by the reviewer. The reviewer must give notice of the outcome of the review to the person who sought the review and to the consent authority. 217 Reconsideration by consent authority The consent authority must promptly reconsider its decision if it has been directed to do so under section 216 . In reconsidering its decision, the consent authority must have regard to any matters specified by the reviewer. On reconsideration, the consent authority may confirm or modify its original decision or replace it with a new decision. The consent authority must give notice to the person who sought the review of the result of its reconsideration. 218 Right of appeal A person whose application for a consent or for a renewal of a consent has been refused, or whose consent has been cancelled, may appeal to the District Court against the decision to refuse the application or to cancel the consent. An appeal under subsection (1) may be exercised whether or not the appellant has sought a review under section 231 . An appeal— a must be brought to the Court in accordance with rules of court; and b must be filed in the Court within 20 working days after the person is notified of whichever of the following is the latest: i the decision of the consent authority: ii if that decision has been confirmed on a review under section 216 , that confirmation: iii if that decision has been reconsidered by the consent authority under section 217 , the result of decision on the reconsideration. The District Court may, on application made before or after the expiry of the period fixed by subsection (3)(b) , extend that period. 219 Notice of right of appeal When notifying a person under this Part of any decision against which section 218 gives him or her a right of appeal, the consent authority must also notify the person in writing of the right of appeal and the time within which an appeal must be lodged. 220 Decisions to have effect pending determination of appeal A decision against which an appeal is lodged under section 218 continues in force, unless the District Court orders otherwise. 221 Procedure on appeal An appeal under section 218 must be heard as soon as is reasonably practicable after it is lodged. An appeal under section 218 is by way of rehearing. On hearing the appeal, the District Court may— a confirm, reverse, or modify the decision or action appealed against: b make any other decision or take any other action that the consent authority could have made or taken: c refer the matter or an aspect of the matter back to the consent authority for reconsideration under section 217 . The Court must not review— a any decision or action not appealed against; or b any part of any decision or action not appealed against. 222 Court’s decision final The decision of the District Court on an appeal under this Part is final. Subsection (1) is subject to section 225 . 223 Court may refer matter back for reconsideration Instead of determining an appeal under this Part, the District Court may direct the consent authority to reconsider, either generally or in respect of any specified aspect, the whole or any part of the decision. In giving a direction under subsection (1) , the Court— a must state its reasons for the direction; and b may give any other directions it thinks just in relation to the matter referred back for reconsideration. The consent authority must reconsider the matter and, in doing so, must— a take the Court’s reasons into account; and b give effect to the Court’s directions. 224 Orders as to costs On an appeal under section 218 , the District Court may order any party to the appeal to pay to any other party to the appeal any or all of the costs incurred by the other party in respect of the appeal. 225 Appeal on question of law A party to an appeal under this Part may appeal to the High Court on a question of law only. The appeal must be heard and determined in accordance with rules of court. 226 Director-General may must publish guidelines The Director-General may publish guidelines for public health risk management plans for a regulated activity of a particular kind. The Director-General must publish guidelines for public health risk management plans for each regulated activity that may not be carried on without a public health risk management plan. A public health risk management plan that follows or adopts the substance of relevant guidelines is presumed to be in order unless it is shown that in the circumstances of the particular case the guidelines are inapplicable. 227 When approved public health risk management plan required If any applicable regulations require a public health risk management plan in respect of a regulated activity of a particular kind , a person proposing to carry on a the regulated activity must have an approved plan,— a if that regulated activity may not be carried on without a consent, before applying for a consent for the activity; or b if that regulated activity does not require a consent, before commencing to carry on the regulated activity or, if the person was lawfully carrying on the activity before the commencement of any applicable regulations, before a date specified in those regulations. 228 Contents of public health risk management plan Every public health risk management plan prepared for an activity that is a regulated activity of a particular kind must— a identify the risks to public health that may arise from that activity; and b identify mechanisms for preventing risks to public health arising from that activity and reducing and eliminating those risks if they do arise; and c set out a timetable— i for managing the risks to public health that have been identified as arising from that activity; and ii for implementing the mechanisms identified in accordance with paragraph (b) . Every public health risk management plan must be in writing and comply with the applicable regulations. 229 Public health risk management plan to be approved by assessor If required by regulations, every a public health risk management plan must be submitted by the person proposing to carry on the regulated activity to an assessor for approval. An assessor may, after any alteration to the public health risk management plan that is considered necessary by the assessor and made by agreement with the person proposing to carry on the regulated activity, approve that plan. If an assessor decides not to approve a public health risk management plan, the assessor must notify the person proposing to carry on the regulated activity that the assessor has decided not to approve the plan and of the reasons for that decision. If the assessor decides to approve a public health risk management plan, the assessor must— a issue to the person proposing to carry on the regulated activity a certificate to that effect; and b send a copy of the certificate to the relevant consent authority. 229A Public health risk management plan to be approved by consent authority If required by regulations, a public health risk management plan must be submitted by the person proposing to carry on the regulated activity to the consent authority for approval. The consent authority may, after any alteration to the public health risk management plan that is considered necessary by the consent authority and made by agreement with the person proposing to carry on the regulated activity, approve that plan. 230 Duration of plans A public health risk management plan expires— a 12 months after the relevant date; or b if a longer period (of not more than 48 months) or a shorter period (of not less than 6 months) is stated in the plan, on the expiry of that stated period after the relevant date. The relevant date is the date of the plan’s most recent approval by an assessor or by the consent authority. 231 Review and renewal of plans Not later than 2 months before a public health risk management plan is due to expire, the person who carries on the regulated activity must— a review it, to assess whether it needs to be altered for any reason or replaced with a new plan; and b submit the existing, revised, or new plan to an assessor, or to the consent authority, as the case requires. The provisions of section 229 or, as the case requires, section 229A , apply whenever a plan is submitted to an assessor or to the consent authority under this section. 232 Records Each consent authority must keep a record of the consents it issues. Two or more consent authorities may jointly operate a combined record of the consents issued by each authority. 233 Director-General may keep nationwide record The Director-General may keep, in addition to the records kept by consent authorities, a nationwide record of the information specified in section 235(1) for all or any kinds of regulated activities. If the Director-General keeps a record under this section, the consent authority must promptly send the Director-General a copy of any particularscopy of any particulars placed on the record kept by the consent authority. If the Director-General keeps a record under this section, the consent authority must promptly send the Director-General a copy of— a any information entered under section 235(1) : b any amendment of that information under section 236 : c any record, under section 237 , of the expiry, cancellation, or surrender of a consent. 234 Form of record A record kept by a consent authority or, as the case may be, the Director-General may be kept in any form the consent authority or the Director-General directs, including in an electronic form. Subsection (1) is subject to any regulations made under this Part. 235 Information to be recorded The information to be entered in each record is— a the name and contact details of each person to whom a consent has been issued: b if that person is a body corporate or a partnership, the address of the office or the principal office of the body corporate or partnership, and the name and contact details of every person concerned in the management of the body corporate or partnership: c the street address or other identification of every location in which or from which the regulated activity is carried on: d an address for service of the consent holder: e whether a public health risk management plan has been approved for the activity and, if so, a current copy of that plan: f any conditions imposed on the consent. g any other prescribed particulars. The consent authority must also keep a record of the contact details of every person to whom a consent has been issued and any other prescribed particulars. 236 Amendments of records A consent authority may at any time amend the record to reflect any changes or to correct any errors. 237 Cancellation, etc, of entries On the expiry, cancellation, or surrender of a consent, the consent authority must record that occurrence and its date on the record. A record under subsection (1) cancels the former consent holder’s consent as from the date shown in the record. 238 Inspection of records Each consent authority that keeps a record must keep, during its ordinary office hours, a published form of the record open make the information entered under section 235(1) reasonably available for public inspection at the offices of the authority where the consents are issued. If the Director-General keeps a record under section 233 , the Director-General must keep, during the ordinary office hours of any office of the Ministry of Health specified by the Director-General, a published form of the record open for public inspection at that office make the record reasonably available for public inspection at any office of the Ministry of Health specified by the Director-General . The consent authority and, if applicable, the Director-General must each ensure that there are available, during their respective ordinary office hours,— a copies of the published form of the applicable record; or b suitable facilities for obtaining print-outs of the published form of the applicable record. Each consent authority and the Director-General must each permit a member of the public, on payment of any fee set by the authority or, if applicable, by the Director-General to make copies of entries in the record or to obtain a print-out of required entries. 239 Minister may recommend amendment to Schedule 3 The Minister may recommend to the Governor-General that Schedule 3 be amended. Before the Minister makes a recommendation, the Minister must consult any persons likely to be affected by the recommendation, including, without limitation, representatives of local government and Māori interests, that the Minister considers appropriate. 240 Recommending additions to Schedule 3 In deciding whether to recommend that an activity be added to Schedule 3 , the Minister must consider— a whether the activity poses a risk to public health and, if so, the nature and magnitude of the risk: b if the risk to public health is constituted by potential harm, the likelihood of that harm occurring: c whether the risk of that harm is likely to be prevented, mitigated, or adequately managed by regulations: d whether the activity is already regulated under another enactment. Before the Minister recommends that an activity be added to Schedule 3 , the Minister must be satisfied that the activity poses a risk to public health. Before the Minister recommends that an activity be added to Part 1 of Schedule 3 , the Minister must be satisfied that it is appropriate that persons carrying on the activity be required to have 1 or more of the following: a a current consent: b an approved public health risk management plan: c a periodic assessment of the activity. In deciding on the substance of the recommendations under subsection (3) , the Minister must consider the nature of the activity, the seriousness of the risk posed by the activity, and the degree to which proposed requirements to be specified in regulations are proportionate to the risk posed by the activity. 241 Recommending removals from Schedule 3 Before the Minister recommends that an activity be removed from Schedule 3 , the Minister must be satisfied that the activity no longer poses a risk to public health. 242 Amendment to Schedule 3 The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 3 by— a adding the description of an activity; or b removing the description of an activity; or c amending the description of an activity. 243 Regulations in respect of regulated activities The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes: a prescribing requirements, standards, criteria, mandatory objectives, functional requirements, performance measures, or objectives that must be observed or attained in carrying on a regulated activity of a particular kind: b prescribing specifications or criteria for any place or premises in which a regulated activity of a particular kind is carried on or for any equipment used in carrying on that activity: c providing that a regulated activity described in Part 1 of Schedule 3 may not be carried on in a district without a current consent of a consent authority in the district and prescribing a maximum period of not more than 36 months up to which such a consent, or any renewal of any consent, may, in accordance with the determination of the consent authority, be in force: d providing that, instead of or in addition to the requirement for a consent authorised by paragraph (c) , a regulated activity described in Part 1 of Schedule 3 may not be carried on in any district without a current public health risk management plan that has been approved by the consent authority in that district and prescribing the form of such a public health risk management plan: e determining whether a regulated activity described in Part 1 of Schedule 3 may be carried on in any district only if the compliance in the district of the activity with this Part, the regulations, any conditions on any consent, or any public health risk management plan is periodically assessed by an assessor and prescribing the nature of such assessments and the intervals at which they must be made: f determining whether the relevant consent authorities for a regulated activity described in Part 1 of Schedule 3 are to be DHBs or territorial authorities or authorising the Director-General to determine, in respect of a regulated activity of a particular kind, whether the relevant consent authority for any area is to be the DHB or the territorial authority that is responsible for that area: g prescribing the matters that must be contained in an application for a consent or in an application for a renewal of a consent: h prescribing the kinds and forms of records that persons carrying on regulated activities of particular kinds must keep and the particulars that must be recorded in those records: i requiring any person carrying on a regulated activity of a particular kind to be accredited by a professional or occupational body recognised by the Director-General, and requiring compliance with the applicable rules or code of practice issued or adopted by that body: j prescribing any particulars to be entered on a record under this Part: k prescribing the periods for which, and the ways in which, records that consent authorities receive and make under this Part must be held by those authorities. 244 Incorporation by reference Any regulations made under section 243 may incorporate material by reference. Sections 337 to 344 (the standard provisions about incorporation by reference) apply. 245 Appointment of assessors The Director-General or a territorial authority that is a consent authority may, by notice in writing, appoint 1 or more persons as assessors for 1 or more specified regulated activities on any terms and conditions that the Director-General or territorial authority considers appropriate. Terms and conditions referred to in subsection (1) include, without limitation, terms enabling the Director-General or territorial authority to suspend or revoke the appointment in any specified circumstances. Before appointing a person or body as an assessor, the Director-General or territorial authority must be satisfied that the person— a has the experience, technical competence, and other qualifications to undertake the functions of an assessor; and b has in place effective arrangements to avoid or manage any conflicts of interest that may arise; and c meets any other requirements set out in regulations made under section 258 . For the purpose of subsection (3)(b) , the fact that a person is an environmental health officer does not itself mean that the person would have a conflict of interest if he or she were appointed as an assessor. No person appointed by the Director-General under subsection (1) to be an assessor is, because of that appointment, employed in the public service for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956. It is a condition of every appointment of a body as an assessor that, with the exception of administrative functions and related support matters, any functions and activities of the body that are specified in the terms of the appointment are to be carried out only by individuals who have themselves been appointed as assessors. The conditions that are imposed by or under this section are in addition to any condition as to the provision of returns, records, and other information that may be imposed on an assessor in relation to a particular regulated activity by regulations made under Part 2 . An appointment under this section may be made only— a if regulations have been made under section 194B ; and b with effect on a date that is on or after the date on which the first regulations to be made under section 194B come into force. 245A Geographical areas in respect of which assessors appointed An assessor appointed under section 245 by a territorial authority may exercise functions and powers under this Part only in the district of that territorial authority. Nothing in subsection (1) prevents the same person being appointed as an assessor by more than one territorial authority. An assessor appointed under section 245 by the Director-General may exercise functions and powers under this Part only in the specific health district or districts determined by the Director-General at the time of making the appointment. 246 Surrender of appointment An assessor may at any time surrender his or her or its appointment by notice in writing to that effect to the Director-General or territorial authority. A surrender takes effect on the expiry of 3 months after the date of the receipt of the notice by the Director-General or territorial authority, or on such earlier date as the Director-General or territorial authority may approve. On or before the date on which the surrender takes effect, the assessor must send his or her or its notice of appointment to the Director-General or territorial authority. 247 Directory of assessors The Director-General must maintain a directory of persons who have been appointed as assessors. The Director-General must— a make the directory available for public inspection, without fee, at reasonable hours at the head office of the Ministry; and b supply to any person, on request and on payment of a reasonable charge, a copy of the directory or part of the directory. The directory may be kept— a in electronic form (for example, on the Ministry’s website); or b in any other manner that the Director-General thinks fit. 248 Matters to be contained in directory The directory must contain all of the following information, to the extent that the information is relevant, for each assessor whose name is entered on the directory: a name and business contact details; and b date and term of appointment; and c any conditions on the appointment; and d any other particulars that may be required by or under regulations made under section 258 . The directory may also include any other information relevant to a person’s appointment as an assessor that the Director-General considers appropriate. 249 Territorial authority must supply information on assessors to Director-General A territorial authority that has appointed an assessor must supply the Director-General with the information concerning that assessor that is necessary to maintain the directory kept under section 247 . 250 Functions of assessors The functions of an assessor are— a to assess, review, and where appropriate, approve risk management plans; and b to monitor, verify, and certify that a regulated activity consent holder is undertaking the regulated activity in accordance with the provisions of this Act and the regulations, the activity consent. and any public health risk management plan; and c to monitor and verify whether regulated activities for which a regulated activity consent is not required are being undertaken in accordance with the provisions of this Act and the regulations. 251 Accountability of assessor for performance of functions An assessor appointed by the Director-General is accountable to the Director-General for the discharge of the assessor’s functions. An assessor appointed by a territorial authority is accountable to that territorial authority for the discharge of the assessor’s functions. On the request of the person or body that appointed an assessor, the assessor must give that person or body reasonable access to any records held by the assessor in connection with the assessor’s functions under this subpart, to enable the appointing person or body to assess whether the assessor is properly discharging those functions. 252 Duty of assessor to disclose potential conflict of interest An assessor must, as soon as practicable, inform the Director-General or territorial authority that appointed the assessor in writing if either of the following arises: a an event or situation occurs that has the effect, or may have the effect, that the assessor cannot maintain an appropriate degree of impartiality and independence in relation to the relevant functions and activities of the assessor; or b the assessor is considering assuming any other statutory roles or functions that might conflict with the functions and activities of the assessor. 253 Powers of assessors For the purpose of performing any function or activity as an assessor, an assessor may— a enter any land, building, vehicle, or craft that is owned, occupied, or used by a person carrying on a regulated activity for the purpose of exercising any of the powers set out in this section; and b inspect all records and documents of every description in the possession or control of a person carrying on a regulated activity that are required to be kept under this Part, and make copies of, or take extracts from, those records and documents; and c require, by notice in writing, any person who has possession or control of information, records, or documents of the kind described in paragraphs (b) and (c) to supply to the assessor, in a manner specified in the notice, all or any of that information, or all or any of those records or documents; and d seize any information, records, or documents of the kind described in paragraphs (b) and (c) ; and e conduct any inspections, surveys, inquiries, tests, and measurements in relation to the regulated activity that are reasonably necessary, and do all things that are reasonably necessary to enable those inspections, surveys, inquiries, tests, and measurements to be carried out (including the marking or photographing of any thing or article); and f direct a person carrying on a regulated activity to conduct any inspections, surveys, inquiries, tests, and measurements that are reasonably necessary to assess a risk to public health associated with that activity; and g provide information obtained from persons carrying on regulated activities to the Director-General. Nothing in subsection (1) limits any enactment that imposes a prohibition or restriction on the availability of any information. When entering any land, building, vehicle, or craft under this section, an assessor may take on to the land or building or into the vehicle or craft any appliances, machinery, and equipment reasonably necessary to carry out the assessors functions. This section is subject to sections 352 to 358 (general provisions about entry and search powers). 254 Restrictions on entry Despite section 253 , no assessor may enter any land or building that is a defence area (within the meaning of section 2(1) of the Defence Act 1990) except in accordance with a written agreement between the Director-General and the Chief of Defence Force entered into for the purposes of this section and for the time being in force. Nothing in section 253 limits any enactment that imposes a prohibition or restriction on the availability of any information. 255 Requirement for warrant to enter dwellinghouse or marae An assessor may not exercise the powers conferred by section 253 to enter a dwellinghouse or a marae unless that assessor has obtained a warrant in accordance with subsection (2) . Any District Court Judge or Justice of the Peace or Community Magistrate or any Registrar (the issuing officer ) who is satisfied, on application in writing from an assessor made on oath, that there is good reason for an assessor to enter a dwellinghouse or marae in order to exercise a power under section 253 , may issue a warrant. This section is subject to sections 346 to 351 (general provisions about search warrants). 256 Review of decisions of assessors A regulated activity consent holder may request a review by the Director-General of any of the following decisions by an assessor: a a finding, assessment, or recommendation in relation to the compliance of that regulated activity consent holder with the requirements of this Act, any regulations, the activity consent, or risk management plan; or b a finding, assessment, or recommendation in relation to, or a refusal to approve, a public health risk management plan. A person conducting a regulated activity for which a regulated activity consent is not required may request a review by the Director-General of any finding, assessment, or recommendation in relation to compliance of that person with this Act and any regulations. A regulated activity consent holder may request a review of an assessor's decision described in subsection (2) by— a the Director-General if the assessor was appointed by the Director-General; or b the chief executive of a territorial authority if the assessor was appointed by that territorial authority. A decision referred to in subsection (1) is— a a finding, assessment, or recommendation by an assessor in relation to the compliance of that regulated activity consent holder with the requirements of this Act, any regulations, the activity consent, or risk management plan; or b a finding, assessment, or recommendation by an assessor in relation to, or a refusal to approve, a public health risk management plan. A person conducting a regulated activity for which a regulated activity consent is not required may request a review of any finding, assessment, or recommendation by an assessor in relation to compliance of that person with this Act and any regulations by— a the Director-General if the assessor was appointed by the Director-General; or b the chief executive of a territorial authority if the assessor was appointed by that territorial authority. Any request for a review made under this section must be forwarded to the Director-General reviewer within 2 months after the date when the decision of the assessor is made known to the person carrying on the regulated activity. The Director-General reviewer must, after seeking any advice that her he or she considers necessary, confirm, vary, or reverse the decision of the assessor. 257 Consent holder must not replace assessor without consent of consent authority A regulated activity consent holder must not replace an assessor engaged by the consent holder to perform the functions in section 250 in relation to a regulated activity unless the consent holder obtains the prior written consent of the consent authority. 258 Regulations The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a prescribing requirements, in addition to the requirements set out in section 245(3)(a) and (b) , for appointment as an assessor: b prescribing procedures relating to the appointment and suspension of assessors and the revocation of approval of assessors: c prescribing particulars to be contained in the directory of assessors maintained under section 247 . 259 Minister may declare emergency The Minister may , by notice in the Gazette , declare a health emergency if he or she has reasonable grounds to believe that— a there is throughout New Zealand or in any place or area in New Zealand a serious risk to public health (whether arising from within New Zealand or from overseas); and b the exercise of powers in this subpart will help to prevent, reduce, or eliminate or manage that risk. The declaration must— a be in writing and signed by the Minister; and b state the date on which it is signed; and c state the nature of the emergency that exists in each place or area specified in the declaration; and d be published in the Gazette . 260 Duration of declaration by Minister A declaration under section 259 takes effect as soon as it is signed. The declaration expires 90 days after it is made unless it is— a sooner revoked by the Minister or by an emergency order; or b extended under subsection (3) . The Minister may extend the duration of the declaration if he or she is satisfied that the grounds for declaring the emergency still exist. The extension of duration under subsection (3) must be in writing and be signed by the Minister and state the date on which it is signed. A declaration that has been extended under subsection (3) expires, unless sooner revoked by the Minister or by the making of an emergency order, 90 days after the date of the instrument that extended it. The power of extension under subsection (3) may be exercised only once. 261 Minister may amend or revoke declaration The Minister may revoke or amend a declaration made under section 259 . The revocation or amendment must be in writing and be signed by the Minister and state the date on which it is signed. 262 Minister must review need for declaration The Minister must, every 28 days while a declaration is in force, review the continuing need for the declaration. 263 Health emergency declared by Order in Council The Governor-General may, by Order in Council, on the recommendation of the Minister, declare that a health emergency exists in 1 or more specified places, or in 1 or more specified areas, or throughout New Zealand. The Minister may make a recommendation under subsection (1) only if the Minister has reasonable grounds to believe that— a there is throughout New Zealand or in any place or area in New Zealand a serious risk to public health; and b the exercise of powers in this subpart will help to prevent, reduce, eliminate, or manage that risk. An emergency order expires, unless revoked earlier, 6 months after it comes into force. 264 When emergency powers may be exercised This section applies if— a an emergency has been declared by the Minister under section 259 ; or b an emergency has been declared by the Governor-General, by Order in Council, under section 263 ; or c a state of emergency has been declared under the Civil Defence Emergency Management Act 2002; or d an epidemic notice is in force. A medical officer of health may, if this section applies and the emergency or epidemic notice affects his or her district, exercise all or any of the powers in sections 266 to 273 . The Director-General may authorise a medical officer of health to operate in a specified area outside his or her district, and in that case subsection (2) and sections 266 to 273 apply as if the specified area is part of both— a the medical officer of health’s district; and b the health district of which it is in fact part. A medical officer of health may, if this section applies, exercise all or any of the powers in sections 266 to 273 , and those sections apply as if the places or areas in which the emergency exists, or (if the emergency exists throughout New Zealand) New Zealand, is part of the medical officer of health's district. 265 State of emergency under other enactments This section applies to the exercise of any powers by a medical officer of health under this subpart arising from the declaration of a state of emergency under the Civil Defence Emergency Management Act 2002. If this section applies, the medical officer of health is responsible, in relation to the exercise of powers under this subpart in connection with that state of emergency, to— a the person who, under the Civil Defence Emergency Management Act 2002, is responsible for managing the emergency declared under that Act; but b if, and to the extent that, the Director-General directs that paragraph (a) is not to apply, the Director-General, and the medical officer of health must comply with the Director-General’s directions. 266 General emergency powers The general emergency powers that may be exercised by a medical officer of health to whom section 264(2) applies are to— a declare any land, building, or thing to be insanitary, and prohibit its use for any specified purpose: b cause any insanitary, contaminated, or affected building to be pulled down, and the timber and other materials forming part of the building to be destroyed or otherwise disposed of in a manner he or she considers appropriate: c cause insanitary, contaminated, or affected things to be destroyed or otherwise disposed of in a manner he or she considers appropriate: d cause animals to be vaccinated and affected animals to be destroyed, in a manner he or she considers appropriate: e cause— i vectors to be destroyed; and ii vector habitats or reservoirs to be decontaminated; and iii insects or animals that pose hygiene risks to be decontaminated or destroyed: f require persons to report or submit themselves for medical examination at specified times and places: g subject to section 267 , require persons, places, buildings, ships, vehicles, aircraft, animals, or things to be isolated, quarantined, disinfected, decontaminated, or fumigated in a manner he or she considers appropriate: h require places, buildings, ships, vehicles, aircraft, animals, or things to be tested as he or she considers appropriate: i forbid persons, ships, vehicles, aircraft, animals, or things to— i come or be brought to any port or place in the health district from any port or place that is, or is believed to be, affected by the emergency or epidemic; or ii enter or leave any land, building, or place affected by the emergency or epidemic: j require people to remain in the health district or the place in which they are isolated or quarantined until they— i have been medically examined and found to no longer pose a risk to public health; or ii have undergone preventive treatment (including any specified kind of vaccination) that he or she may require in any case such that the medical officer of health considers that they no longer pose a risk to public health : k forbid the removal of ships, vehicles, aircraft, animals, or other things from the health district, or from one port or part of a port to another, or from the place where they are isolated or quarantined, until they have been decontaminated or otherwise treated or examined and found to no longer pose a risk to public health: l prohibit the keeping of animals or of any species of animal in any specified part of the health district: m authorise the transportation of and storage of bodies anywhere (whether inside or outside the health district) for the purpose of enabling the identification of those persons: n authorise the transportation of and disposal of bodies, if the medical officer of health considers it necessary in the interests of public health. If a medical officer of health exercises any power under this section he or she must, as soon as practicable, notify— a the Civil Aviation Authority and any airport likely to be affected by the exercise of the power; and b Maritime New Zealand and any port likely to be affected by the exercise of the power; and c any other agency likely to be affected by the exercise of the power. 267 Safeguards for persons isolated or subject to quarantine under section 266(1)(g) A person who is quarantined under section 266(1)(g) — a is subject to section 290 ; and b the provisions of sections 291 to 293 (rights of appeal) apply to that person; and c the other provisions of subpart 2 of this Part apply accordingly. A person who is isolated under section 266(1)(g) — a must not be required to remain in isolation for more than 28 days under section 266(1)(g) ; but i an application for a health risk order may be made under section 112 while the person is in isolation; and ii subpart 3 of Part 4 applies accordingly; and b must, if he or she requests a review, have his or her isolation reviewed by a medical officer of health as soon as practicable after the expiry of 14 days after the person is required to be isolated under section 266(g) . 268 Emergency power relating to redirection of aircraft If section 264(2) applies to any medical officer of health, the medical officer of health may require the pilot in charge of an aircraft that is flying to, or has arrived at an airport in, New Zealand to travel, as soon as practicable, to another airport in New Zealand. A medical officer of health must not impose the requirement unless— a he or she is satisfied that the redirection is necessary to prevent or manage the emergency or epidemic; and b he or she is satisfied that measures necessary to deal with the situation can more practicably be carried out at the other place; and ba he or she is satisfied that the redirection will not threaten the safety of the aircraft; and c the medical officer of health has consulted about the proposed requirement with other agencies likely to be affected by it (including the Civil Aviation Authority). If a requirement is imposed under this section the medical officer of health must, as soon as practicable, notify— a the Civil Aviation Authority and any airport likely to be affected by the requirement; and b any other agency likely to be affected by the requirement. 269 Emergency powers relating to closure of premises and restriction of association A medical officer of health to whom section 264(2) applies may— a by written order to the person in charge of the premises concerned, do either or both of the following: i require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district): ii require any premises within the health district (or a stated area of the district) to undergo specified measures to address risks to public health within those premises, and require any premises in respect of which those measures are not taken to be closed immediately until further order or for a fixed period: b by order published or broadcast in a manner the medical officer of health considers appropriate and that is likely to come to the attention of affected persons, do any of the following: i require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description: ii require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description in which measures described in the order designed to contain risks to public health are not operating: iii forbid people to gather in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district (or a stated area of the district): iv forbid people to gather in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district (or a stated area of the district) in which measures described in the order designed to contain risks to public health are not operating. 270 Condition relating to orders made under section 269 An order under section 269 does not apply to— a any premises that are, or any part of any premises that is, used solely as a private dwellinghouse or a marae; or b any premises within the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000); or c any premises whose principal or only use is as a courtroom or judge’s chambers, or a court registry; or d any premises that are, or are part of, a prison (within the meaning of section 3(1) of the Corrections Act 2004). An order under section 269 may exempt people engaged in necessary work in the premises to which it relates. 271 Powers of medical officer of health to requisition things A medical officer of health to whom section 264(2) applies may— a by requisition in writing served on its owner or occupier or other person for the time being in charge of it, take possession of, occupy, and use any land or building (whether public or private) that in his or her opinion is required for the accommodation, assessment, treatment, or care of persons (including persons subject to isolation) , or storage of medical supplies : b by requisition in writing served on the owner, occupier, or other person for the time being in charge of it, take possession of, occupy, and use any land, building, vehicle, or craft (other than an aircraft), or other thing, whether public or private, that in his or her opinion is required for the storage, transport, or disposal of bodies: c by requisition in writing served on the owner or other person for the time being in charge of it, take possession of and use any vehicle or craft, or other thing, whether public or private, that in his or her opinion is required for the transport of— i persons, medical personnel, medicine, medical equipment or devices, food, or drink; or ii clothing, bedding, or tents or other temporary facilities or structures; or iii personnel involved in loading, moving, unloading, distributing, erecting, or otherwise dealing with anything transported or to be transported under subparagraph (i) or (ii) : d by requisition in writing served on the occupier of any premises or on any person for the time being in charge of any premises, require to be delivered to him or her in accordance with his or her order any medicines and articles of food or drink, and any other materials that he or she considers necessary for the treatment of persons: e by requisition in writing served on the owner, occupier, or other person for the time being in charge of it, requisition any other thing that in his or her opinion is reasonably necessary to requisition to— i preserve human life; or ii manage the emergency or epidemic. If the owner or occupier or person in charge of any property that is to be requisitioned under this section cannot be immediately found, a medical officer of health or any person authorised by a medical officer of health may immediately take possession of it and use the requisitioned property. If a person takes possession of any requisitioned property under subsection (2) , the person must ensure that, as soon as is reasonably practicable in the circumstances and no later than 7 days after the property is taken into possession, a written notice is given to the owner, occupier, or person formerly in charge of the requisitioned property stating— a that the property has been requisitioned; and b the name of the person who has taken possession of it. If a medical officer of health or any other person exercises any power under this section, the medical officer of health or other person must, as soon as practicable, notify— a the Civil Aviation Authority and any airport likely to be affected by the exercise of the power; and b Maritime New Zealand and any port likely to be affected by the exercise of the power; and c any other agency likely to be affected by the exercise of the power. If a medical officer of health or any other person exercises any power under this section, the medical officer of health or other person must, as soon as practicable, notify any agency, port, or airport, that is likely to be affected by the exercise of the power. 272 Power of entry and inspection A medical officer of health , health protection officer, environmental health officer, or other person authorised by a medical officer of health may, for the purposes of enabling the exercise of the powers conferred by sections 266, 269, and 271 ,— a enter any land, premises, or craft; and b inspect that land, premises, or craft; and c do anything in relation to any persons, places, land, premises, craft, animals, or other things that the medical officer of health considers reasonably necessary to enable the exercise of those powers. This section is subject to sections 352 to 358 (general provisions about entry and search powers). If a medical officer of health or any other person exercises any power under this section, the medical officer of health or other person must, as soon as practicable, notify— a the Civil Aviation Authority and any airport likely to be affected by the exercise of the power; and b Maritime New Zealand and any ports likely to be affected by the exercise of the power; and c any other agency likely to be affected by the exercise of the power. If a medical officer of health or any other person exercises any power under this section, the medical officer of health or other person must, as soon as practicable, notify any agency, port, or airport, that is likely to be affected by the exercise of the power. 273 Power to require information A medical officer of health to whom section 264(2) applies, or a person authorised by the medical officer of health, may, by notice in writing, require any person to give to the medical officer of health the information described in subsection (2) . The information referred to in subsection (1) is information that, in the opinion of the medical officer of health or the person authorised by the medical officer of health, is reasonably necessary for the management of the emergency or the epidemic, as the case may be, and that is— a in the possession of the person who is asked to give the information; and b capable of being provided without unreasonable difficulty or expense. The information required to be given under subsection (1) must be given— a in the form specified by the medical officer of health or the person authorised by the medical officer of health; and b within the reasonable time that is specified by the medical officer of health or the person authorised by the medical officer of health; and c free of charge. 274 Non-compliance with requisition offence Every person who refuses or fails to comply with any requisition under section 271 , or who counsels, procures, aids, or incites any other person so to do, or who interferes with or obstructs the medical officer of health or any person acting under the authority of the medical officer of health in the exercise of any powers under section 271 , commits an offence and is liable on summary conviction,— a in a case where the refusal, failure, or other unlawful action was intentional or reckless, to a term of imprisonment not exceeding 3 months or to a fine not exceeding $50,000, or to both; or b in any other case where the refusal or failure is without reasonable excuse, to a fine not exceeding $20,000. 275 Power of members of police to assist medical officer of health A member of the police may do any thing reasonably necessary (including using force)— a to help a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under any of sections 266 to 273 ; or b to help a person to do a thing that a medical officer of health or any person authorised by a medical officer of health has caused or required to be done in the exercise or performance of powers or functions under any of sections 266 to 273 ; or c to prevent people from obstructing or hindering a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under any of sections 266 to 273 ; or d to prevent people from obstructing or hindering a person doing a thing that a medical officer of health or any person authorised by a medical officer of health has caused or required to be done in the exercise or performance of powers or functions under any of sections 266 to 273 ; or e to compel, enforce, or ensure compliance with a requirement made by a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under any of sections 266 to 273 ; or f to prevent, or reduce the extent or effect of, the doing of a thing that a medical officer of health or any person authorised by a medical officer of health has forbidden or prohibited in the exercise or performance of powers or functions under any of sections 266 to 273 . A member of the police acting under subsection (1) may at any time do any or all of the following things: a enter into or on any land, building, aircraft, ship, or vehicle: b inspect any land, building, aircraft, ship, or vehicle, and any thing in or on it: c whether for the purposes of paragraph (a) or (b) (or both) or in the exercise of a power conferred by subsection (1) ,— i stop a ship or vehicle, or a taxiing aircraft; or ii prevent a stationary aircraft, ship, or vehicle from moving; or iii prevent an aircraft or ship or vehicle from departing. Subsection (2) — a does not limit the generality of subsection (1) ; but b is subject to sections 352 to 358 (general provisions about entry and search powers). A member of the police may do a thing authorised by subsection (1) or (2) whether or not a medical officer of health has asked him or her to do so. Subsections (2) to (6) of section 314B, and sections 314C and 314D, of the Crimes Act 1961, with any necessary modifications, apply to the powers conferred by subsection (2)(c) — a as if they were a statutory search power within the meaning of section 314A of that Act; but b as if a ship or taxiing aircraft were a vehicle. 276 Offences relating to obstructing medical officer of health or people assisting medical officer of health A person commits an offence who in any way (directly or indirectly, by act or default)— a threatens, assaults, or intentionally obstructs or hinders a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under any of sections 266 to 273 ; or b threatens, assaults, or intentionally obstructs or hinders a member of the police acting under section 275 ; or c does, or delays ceasing to do, a thing prohibited or forbidden by a medical officer of health or any person authorised by a health officer medical officer of health in the exercise of powers or functions under any of sections 266 to 273 . A person who commits an offence against this section is liable on summary conviction,— a in the case of an offence referred to in subsection (1)(a) or (b) , to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $50,000, or to both; or b in the case of an offence referred to in subsection (1)(c) , to a fine not exceeding $20,000. 277 Medical officer of health may cause sanitary works to be undertaken Without limiting the liability of any person for an offence under section 276 , if any offence under that section consists in not doing any sanitary work or in failing to remedy any sanitary defect, the medical officer of health may cause the work to be done or the defect to be remedied at the entire expense of the offender. All expenses incurred under subsection (1) are recoverable as a debt due to the Crown. 278 Priority for medicines The Director-General may at any time devise policies determining the priorities with which supplies of medicines that are under the control of the Crown or a Crown entity are to be dispensed during any period while, under section 264(2) , emergency powers may be exercised. During any period while, under section 264(2) , emergency powers may be exercised— a the Director-General may, if satisfied that there is or is likely to be a shortage of medicines, in accordance with a policy devised under subsection (1) for the medicines, by notice in the Gazette , require persons administering, dispensing, prescribing, or supplying stated medicines that are under the control of the Crown or a Crown entity to administer, dispense, prescribe, or supply them in accordance with priorities, and subject to any conditions, stated in the notice; and b every person administering, dispensing, prescribing, or supplying medicines stated in the notice that are under the control of the Crown or a Crown entity must— i comply with the priorities; and ii comply with any conditions, stated in the notice. A notice under subsection (2) must state whether it applies to— a all persons administering, dispensing, prescribing, or supplying the medicines concerned; or b particular classes of person administering, dispensing, prescribing, or supplying the medicines concerned; or c particular persons administering, dispensing, prescribing, or supplying the medicines concerned. A notice under subsection (2) may relate to any medicine, whether or not it can be used in relation to the condition associated with the emergency or epidemic. The Director-General must publish every policy devised under subsection (1) , but may do so by making it available on the Internet. In this section, medicine means any substance used or capable of being used to prevent, treat, or palliate a disease, or the symptoms or effects of a disease. 279 Offences against sections in this subpart Every person commits an offence who contravenes, or permits a contravention of, a direction issued under section 266(1), 268, or 269 and is liable on summary conviction,— a in a case where the contravention or other action was intentional or reckless, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000, or to both; or b in any other case, to a fine not exceeding $20,000. 280 Interpretation In this subpart— examination involving non-invasive procedures means an examination of a person by visual inspection, screening devices, or by other means that do not involve any physical contact with the person being examined other than physical contact that is— a prescribed for the purposes of this definition; and b that includes only a minor intrusion and is transitory in nature examination involving minimally invasive procedures means examination or testing of a person by visual inspection, screening devices, blood sampling, or by other means that do not involve physical contact other than physical contact that is minor and transitory in nature quarantinable condition means— a a notifiable condition: b any other condition prescribed by regulations made under section 322 as a quarantinable condition for the purposes of this Act: c any other condition that in the opinion of a medical officer of health constitutes a serious risk to public health. A condition referred to in paragraph (c) of the definition of quarantinable condition — a ceases to be a quarantinable condition if— i at any time the Director of Public Health directs that it is not to be treated as a quarantinable condition; or ii within 14 days of the date on which the medical officer of health forms the opinion, the condition is not— A identified as a notifiable condition or a condition already prescribed as a quarantinable condition for the purposes of this Act; or B prescribed as a quarantinable condition for the purposes of this Act; and b need not, for the purposes of this Act, be treated as a quarantinable condition by the pilot or master of a craft or any crew or passenger or any other person concerned, unless the person concerned has been informed of the opinion of the medical officer of health. 281 Director-General may designate points of entry The Director-General may designate points of entry for the purposes of this subpart. 282 Places of inspection for ships The Minister may, by notice in the Gazette , declare any specified portion of any harbour to be a place of inspection to which ships liable to quarantine must be taken while awaiting inspection by a medical officer of health. 283 Affected places The Minister may, by notice in the Gazette, declare any place in New Zealand to be an affected place for the purposes of this subpart, on the ground that the place is affected by a quarantinable condition. 284 Ships and aircraft liable to quarantine The following ships are liable to quarantine: a every ship arriving in New Zealand from any port beyond New Zealand: b every ship arriving at any port in New Zealand from any affected place in New Zealand: c every ship on board which any quarantinable condition, or any condition reasonably believed or suspected to be a quarantinable condition, has broken out or been discovered. The following aircraft are liable to quarantine: a every aircraft arriving in New Zealand from any place beyond New Zealand: b every aircraft arriving at an airport in New Zealand from any affected place in New Zealand. Despite subsections (1) and (2) , ships and aircraft of a specified class may be exempted from liability to quarantine in circumstances, and subject to conditions, specified in regulations made under section 322 . 285 Persons liable to quarantine A person is liable to quarantine if he or she is on board, or disembarks from, a craft that is liable to quarantine. Sections 289 and 290 (which enable more significant powers to be exercised) apply to a person liable to quarantine if a medical officer of health or health protection officer, or any person authorised by a medical officer of health, believes or suspects, on reasonable grounds,— a that the person is affected by a quarantinable condition; or b that, within the 14 days before he or she arrived in New Zealand, he or she has been exposed to a condition that (whether or not it was a quarantinable condition at the time of the believed or suspected exposure) is a quarantinable condition. Sections 289 and 290 (which enable more significant powers to be exercised) apply to a person liable to quarantine if a medical officer of health or health protection officer, or any person authorised by a medical officer of health, believes or suspects, on reasonable grounds,— a that— i the person is affected by a quarantinable condition; or ii within the known incubation period of the condition concerned and before he or she arrived in New Zealand, he or she has been exposed to a condition that (whether or not it was a quarantinable condition at the time of the believed or suspected exposure) is a quarantinable condition; and b the person poses a risk to public health. 286 People liable to quarantine to comply with directions and supply information A person who is liable to quarantine— a must comply with all directions, requirements, or conditions given, made, or imposed by a medical officer of health or a person authorised by a medical officer of health, under this subpart; and b must on request by a medical officer of health or a person authorised by a medical officer of health undergo an examination involving non-invasive minimally invasive procedures; and c must, on request by a medical officer of health or a person authorised by a medical officer of health, give any information the officer believes on reasonable grounds to be necessary to enable the management of a risk to public health. In the case of people arriving in New Zealand by craft, a medical officer of health or a person authorised by a medical officer of health may request information under subsection (1)(c) by requiring the person who appears to the officer to be in charge of the craft to collect or supply some or all of it— a by requiring the person to distribute and collect cards or forms for passengers and crew to fill in; or b in any other reasonable manner the officer may require. A person required under subsection (2) to collect or supply information must take all reasonably practicable steps to do so promptly. For the purposes of subsection (1)(c) , the information that may be requested from a person includes— a his or her name; and ab his or her gender; and ac his or her date of birth; and b his or her recent travel history; and c his or her recent activities; and d his or her previous and present addresses, and proposed routes, destinations, and addresses; and e his or her movements during the 14 days before his or her arrival; and f whether he or she is experiencing or has recently experienced particular symptoms. A medical officer of health or a person authorised by a medical officer of health may obtain from the department of State responsible for keeping it (and the department may supply to the medical officer of health or a health protection officer) any information about a person’s liability to quarantine or release from quarantine that the officer believes on reasonable grounds to be necessary to obtain in order to— a trace the person’s movements: or b discover the contacts the person has had with other people. Subsection (2) does not limit subsection (1) . 287 Detention of craft and people for inspection A medical officer of health, a health protection officer, or a person acting under the written directions of a medical officer of health or a health protection officer, may direct that a craft and its passengers and crew be detained for inspection if— a the craft has arrived in New Zealand; and b it appears to the officer that, during the voyage of the craft,— i a person on it has died, or become ill, from a quarantinable condition; or ii death not attributable to poison or other measures for destruction has occurred among birds, insects, rodents, or other vectors on the craft. A medical officer of health or health protection officer must tell the person in charge of the airport or port concerned, and any other authorities likely to be affected by it, of any direction he or she gives under subsection (1) ; and that person must not allow the craft concerned to leave the airport or port until given written notice under section 288 of the lifting of the detention of the craft. Every person commits an offence who allows a craft that is subject to a direction under subsection (1) to leave a port or airport before a written notice is issued in respect of that craft under section 288 and is liable on summary conviction to a fine not exceeding $50,000. 288 Lifting of detention of craft The detention of a craft under section 287 ceases when a medical officer of health or a health protection officer gives the person in charge of the airport or port written notice to that effect. 289 Powers and duties of medical officer of health or health protection officer in relation to quarantinable conditions If a craft arrives in New Zealand carrying a person to whom section 285(2) applies, a medical officer of health or a health protection officer may— a require the person to have a medical examination: b require to be taken from the person any bodily sample the officer may reasonably require: c after consulting with any relevant agency or other relevant authority that is likely to be affected by the requirement, require to be taken from the craft or any thing in or on it any sample the officer may reasonably require: d require the pilot in command of the aircraft or the master of the ship to take or help take any steps that, in the opinion of the medical officer of health or health protection officer, are reasonably necessary— i to prevent the spread of a quarantinable condition by the person; or ii to destroy vectors and reservoirs; or iii to remove or abate conditions on the craft likely to convey a quarantinable condition, including conditions that might facilitate the harbouring of vermin or other vectors or reservoirs or sources of contamination. If a craft arrives in New Zealand carrying a person to whom section 285(2) applies, a medical officer of health may— a require the person to have a medical examination: b require to be taken from the person any bodily sample the officer may reasonably require. If a craft arrives in New Zealand carrying a person to whom section 285(2) applies, a medical officer of health or a health protection officer may— a after consulting with any relevant agency or other relevant authority that is likely to be affected by the requirement, require to be taken from the craft or any thing in or on it any sample the officer may reasonably require: b require the pilot in command of the aircraft or the master of the ship to take or help take any steps that, in the opinion of the medical officer of health or health protection officer, are reasonably necessary— i to prevent the spread of a quarantinable condition by the person; or ii to destroy vectors and reservoirs; or iii to remove or abate conditions on the craft likely to convey a quarantinable condition, including conditions that might facilitate the harbouring of vermin or other vectors or reservoirs or sources of contamination. A person who is required under subsection (1) to undergo a medical examination or allow a sample to be taken must comply with that request. 290 Surveillance of certain people liable to quarantine This section applies to a person if— a he or she is a person described in section 285(2) ; or b he or she is liable to quarantine and has been quarantined under section 266(g) . A person to whom this section applies must (whether or not he or she is detained under subsection (3)(a) or kept under surveillance at large under subsection (3)(b) ) give to a medical officer of health, on request, all information he or she reasonably requires to enable the management of risks to public health. A medical officer of health or a health protection officer may cause a person to whom subsection (1) applies— a to be removed to a hospital or other suitable place and detained under surveillance until a medical officer of health or a health protection officer is satisfied that he or she— i does not have the condition concerned; or ii is not able to pass that condition on; or b to be kept under surveillance at large. Detention under subsection (3)(a) — a must not continue for more than 28 days; and b must not continue for more than 14 days unless a medical officer of health or a health protection officer has considered the latest information available on the condition concerned, and is satisfied that the person is affected by it and still likely to be able to pass it on. Before being placed under surveillance at large, a person must give an undertaking, in a form prescribed by regulations made under section 322 , that he or she will report to a medical officer of health or a medical practitioner at the times and places required. While kept under surveillance at large, a person must— a present himself or herself for and submit to any medical examination required by a medical officer of health in whose district he or she may be: b give to a medical officer of health, on request, all information he or she reasonably requires to enable the management of the risk to public health: c if instructed to do so by a medical officer of health, do either or both of the following: i report on arrival in any district to a medical officer of health or to a medical practitioner or other prescribed person nominated by a medical officer of health: ii report in person daily or at stated intervals to a medical officer of health or a medical practitioner or other prescribed person nominated by a medical officer of health: d if he or she leaves for another place, tell a medical officer of health, or a medical practitioner or other prescribed person nominated by a medical officer of health, and give details of the address to which he or she is going. 291 Grounds of appeal A person who is detained or kept under surveillance at large under section 290 may appeal to the District Court against— a a decision of a medical officer of health or health protection officer to require the person to be detained or kept under surveillance at large; or b a decision of a medical officer of health or medical practitioner under section 290 to require any person undergoing surveillance at large to do any thing. 292 Notice of appeal A notice of appeal under section 291 must— a state the reason for the appeal and the relief sought; and b be lodged with the District Court and served on the medical officer of health or medical practitioner who made the decision. An appeal against a decision does not act as a stay of that decision. 293 Powers of District Court on appeal On any appeal under section 291 the Court may— a allow the appeal, and issue any directions necessary to implement its decision; or b dismiss the appeal. A medical officer of health and (if applicable) a medical practitioner must comply with any directions issued by a District Court under subsection (1)(a) . 294 Children and people under disability with incapacity Every person who has the custody or charge of a child or has the role of providing day-to-day care for a child, or has charge of a person who is under disability lacks capacity because of mental incapacity ,— a must comply with every direction, requirement, or condition given, made, or imposed in respect of the child or person under disability who lacks capacity under any of sections 286 to 290 ; and b must give in respect of the child or person under disability who lacks capacity all information required under any of those sections. In this section, child means a person who is under the age of 16 years. 295 When liability of craft to quarantine ceases Every ship or aircraft liable to quarantine continues to be so liable until pratique is granted. 296 When liability of persons to quarantine ceases Every person liable to quarantine continues to be so liable until he or she is released from quarantine in accordance with regulations made under section 322 . 297 Restrictions applying while craft liable to quarantine While any craft is liable to quarantine it is not lawful, except in the case of urgent necessity due to a mechanical failure on board an aircraft, marine casualty, or other similar emergency, or except with the authority of a medical officer of health or health protection officer or in circumstances authorised by regulations made under section 322 ,— a for any person to go on board that craft, except a medical officer of health or health protection officer, and the assistants of that officer, or a pilot, or a customs officer appointed under section 2 of the Customs and Excise Act 1996, or a member of the police, or an officer appointed or authorised under the Immigration Act 1987, or an inspector appointed under section 15 of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 or section 103 of the Biosecurity Act 1993; or b for any person to leave that craft, except the persons specified in paragraph (a) ; or c for any goods, mails, or other articles whatsoever to be landed or transhipped from that craft; or d in the case of a craft that is a ship, for the master, pilot, or other officer in charge of the navigation of that ship to bring that ship or allow that ship to be brought to any wharf or other landing place; or e in the case of a craft that is a ship, for any boat, launch, or vessel, other than one in the service of the police or a department of State, to be brought within 50 metres of that ship. Any authority given by a medical officer of health or a health protection officer under this section may be given subject to any exceptions and conditions that the officer considers appropriate, and may be revoked by that officer at any time. 298 Quarantine signal for ship The master of every ship liable to quarantine must ensure that the prescribed quarantine signal is displayed during any prescribed period until pratique is granted. 299 Inspection of craft liable to quarantine A medical officer of health or health protection officer, or any person authorised by a medical officer of health, before granting pratique to any ship liable to quarantine, must board that ship and inspect it for the purpose of ascertaining whether any quarantinable condition exists on the ship, unless the officer is exempted from doing so by regulations made under section 322 . A medical officer of health or health protection officer, or any person authorised by a medical officer of health, may board any aircraft liable to quarantine and inspect it for the purpose of ascertaining whether any quarantinable condition exists on the aircraft. In respect of any ship, aircraft, or person referred to in this section, the medical officer of health or health protection officer, or any person authorised by a medical officer of health, has any powers and duties prescribed for the purposes of this section. If a medical officer of health or any other person exercises any power under this section, the medical officer of health or other person must, as soon as practicable, notify— a the Civil Aviation Authority and any airport likely to be affected by the exercise of the power; and b Maritime New Zealand and any port likely to be affected by the exercise of the power; and c any other agency likely to be affected by the exercise of the power. The master of every ship and the pilot in command of every aircraft referred to in this section, must facilitate, by all reasonable means, the boarding of the ship or aircraft by a medical officer of health or health protection officer, or any person authorised by a medical officer of health, and the exercise of his or her powers and duties under this section. 300 Ship’s declaration of health The master of any ship that is on its way to New Zealand from any port outside New Zealand must, before the ship arrives in New Zealand, ascertain the state of health of each person on board. On arriving in New Zealand, the master must complete and deliver to a medical officer of health or health protection officer a maritime declaration in the prescribed form, unless the master is exempted from the requirement to deliver a declaration by regulations made under section 322 . The form must be countersigned by the ship’s medical officer (if there is one). The master, and the medical officer (if there is one), must supply to a medical officer of health, or to any person authorised by that officer for the purpose, any further information required by the officer relating to the state of health of any person who was on board the ship on its arrival in New Zealand. The master or the medical officer commits an offence and is liable on summary conviction to a fine not exceeding $20,000, if the master or medical officer refuses, or fails without reasonable excuse, to comply with any of the preceding provisions of this section. The master or medical officer commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000, or to both, if the master or medical officer gives to a medical officer of health, or to any person authorised by that officer to perform functions under this section, any declaration, answer, or information that the master or medical officer knows to be false or misleading. The master or medical officer commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000, or to both, if the master or medical officer deceives or attempts to deceive a medical officer of health, or any person authorised by that officer to undertake functions under this subpart, in respect of any matter with intent— a to obtain pratique; or b to influence in any other respect the exercise by or on behalf of a medical officer of health of any authority conferred on that officer by this subpart. 301 Aircraft declaration of health The pilot in command of an aircraft that is on its way to New Zealand from any airport beyond New Zealand must, unless regulations made under section 322 provide otherwise,— a ascertain the state of health of each person on board (including whether any person on board is showing symptoms of ill health); and b on arriving in New Zealand, complete and deliver to a medical officer of health or a health protection officer an aircraft declaration in the prescribed form. The pilot in command of an aircraft must supply to a medical officer of health, or to any person authorised by that officer for the purpose, any further information required by the officer relating to the state of health of any person who is a passenger on the aircraft on its arrival in New Zealand. The pilot in command of an aircraft commits an offence and is liable on summary conviction to a fine not exceeding $20,000 if the pilot refuses, or fails without reasonable excuse, to comply with subsection (1) . The pilot in command of an aircraft commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000, or to both, if the pilot gives to a medcial officer of health or any person authorised by that officer to perform functions under this section, any declaration, answer, or information that the pilot knows to be false or misleading. The pilot in command of an aircraft commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000, or to both, if the pilot deceives or attempts to deceive a medical officer of health or any person authorised by that officer to undertake functions under this subpart with intent— a to obtain pratique; or b to influence in any other respect the exercise by, or on behalf of, a medical officer of health of any authority conferred on that officer by this subpart. 302 Ship arriving from affected place The master of any ship that arrives at any port from any affected place within New Zealand must not allow or permit the ship to be moored or berthed at any place except a place of inspection, unless he or she is otherwise instructed by a medical officer of health. 303 Ship with quarantinable condition on board This section applies if— a any ship arrives at any port in New Zealand from any other port in New Zealand (not being an affected place); and b any person suffering from any quarantinable condition or any condition reasonably believed or suspected to be a quarantinable condition is on board the ship. If this section applies, the master must not allow or permit the ship to be moored or berthed at any place except a place of inspection, unless he or she is otherwise instructed by a medical officer of health or a person authorised by the medical officer of health. 304 Grant of pratique If a medical officer of health or a health protection officer, or any person authorised by a medical officer of health, is satisfied, in relation to any ship liable to quarantine, that no quarantinable condition or insanitary condition exists on board the ship, he or she must give to the master of the ship a certificate of pratique in the prescribed form. If a medical officer of health or health protection officer, or any person authorised by the medical officer of health, is satisfied, in relation to any aircraft liable to quarantine, that no quarantinable or insanitary condition exists on board the aircraft, he or she must give to the pilot in command of the aircraft a certificate of pratique in the prescribed form. Subsections (1) and (2) are subject to the provisions of any regulations made under section 322 that— a allow pratique to be granted or to be assumed to have been granted in circumstances where the requirements of subsection (1) or (2) have not been satisfied; or b require pratique to be withheld or withdrawn in circumstances where the requirements of subsection (1) or (2) have been satisfied. 305 Medical officer of health or health protection officer may order craft to another port or airport A medical officer of health or health protection officer may require the pilot or master in charge of a craft liable to quarantine or that the officer believes is in an insanitary condition or in a condition favourable to the outbreak or spread of a quarantinable condition (whether the craft is travelling to, or has arrived in, New Zealand) to take the craft, as soon as practicable, to another port or airport in New Zealand where there are appropriate facilities for— a dealing with that craft (for example, facilities for treating, disinfecting, decontaminating, or otherwise treating or cleansing an aircraft, or for implementing an emergency response); and b dealing with people on that craft (for example, facilities for assessing whether those people may be suffering from a quarantinable condition). Before exercising any power under subsection (1) , a medical officer of health or health protection officer must— a if the craft is an aircraft, consult with the Civil Aviation Authority about the proposed requirement: b if the craft is a ship, consult with Maritime New Zealand. If a medical officer of health or health protection officer exercises any power under subsection (1) , he or she must, as soon as practicable,— a if the craft is an aircraft, notify the Civil Aviation Authority: b if the craft is a ship, notify Maritime New Zealand: c notify the relevant ports or airports and any other agency likely to be affected by the requirement. 306 Affected baggage, cargo, or stores If a medical officer of health or health protection officer believes that a quarantinable condition or notifiable contaminant is likely to be spread by any baggage, bedding, cargo, clothing, drink, equipment, food, linen, luggage, stores, water, or other substance or thing that is on or has been removed from a craft, or that any substance or thing of that kind is in an insanitary condition, he or she may do any thing, and give any directions, in respect of it authorised by regulations made under section 322 . Subsection (1) does not empower the medical officer of health or health protection officer to enter a private dwellinghouse or a marae. A person who fails to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000. 307 Decontamination, disinfection, and fumigation of craft A medical officer of health or health protection officer may, if he or she believes that a craft is in an insanitary condition or in a condition favourable to the outbreak or spread of a quarantinable condition, sign and give to the master or pilot a written order requiring the craft to be decontaminated, fumigated, disinfected, or otherwise treated or cleansed, in a manner, within a time, and at a place stated in the order. The order may be given whether or not the craft is liable to quarantine. If the order is not complied with,— a the master or pilot commits an offence, and is liable on summary conviction to a fine not exceeding $10,000; and b the medical officer of health may have the craft decontaminated, fumigated, disinfected, or otherwise treated or cleansed (whether in accordance with the order or otherwise). All expenses incurred by the Crown in acting under subsection (3)(b) are recoverable from the owner of the craft or its agent in New Zealand as a debt due to the Crown. No action taken in respect of a craft under subsection (3)(b) limits the liability of its master or pilot under paragraph (a) of that subsection. A medical officer of health or health protection officer may exercise any prescribed powers in respect of the destruction of reservoirs or vectors on the craft. Subsection (6) does not limit the general powers given by this section. 308 Ship sanitation certificates A medical officer of health or health protection officer may issue a ship sanitation certificate— a in any manner the officer considers appropriate, if there are no prescribed requirements; or b if there are any applicable requirements in regulations made under section 322 , in accordance with those requirements. A ship sanitation certificate— a states whether or not a ship— i is free from quarantinable conditions; and ii is free from vectors or reservoirs or contamination; and iii is in a sanitary condition; and iv has in place appropriate control measures to address risks to public health; and b contains any other prescribed information. A ship sanitation certificate— a may be issued in different forms and for different periods; and b is subject to any prescribed conditions or other conditions imposed by the medical officer of health; and c has the prescribed effect. A medical officer of health or health protection officer may issue a ship sanitation certificate in the prescribed form. Without limiting section 309 , a medical officer of health or health protection officer may exercise the powers conferred by that section before issuing a ship sanitation certificate. 309 Power to board any ship and inspect A medical officer of health or health protection officer (or any person authorised by a medical officer of health or health protection officer) may at any time— a board any ship in any port and enter and inspect any part of the ship; and b inspect all animals and goods on board the ship, and the passenger list; and c with the prior authority of the Director-General, inspect the logbook and other ship’s papers. Where an officer boards any ship under this section he or she may require any person on board the ship who in his or her opinion may be suffering from any quarantinable condition to submit to any prescribed examination, and that person must comply with the requirement. This section is subject to sections 352 to 358 (general provisions about entry and search powers). 310 Persons with quarantinable condition about to leave New Zealand If a medical officer of health or a health protection officer suspects or believes on reasonable grounds that a person intending to leave New Zealand has a quarantinable condition (the affected person ), the officer— a may advise the relevant airline or carrier, and any other department of State, agency, or person in New Zealand or overseas concerned in the matter, that— i the person is believed to have a quarantinable condition; and ii there is a health risk to any person coming in contact with the affected person if the affected person travels on a ship or aircraft; and b may advise the affected person that— i he or she should report to a health practitioner or relevant government agency in his or her country of destination as soon as practicable after arrival; and ii the advice referred to in subparagraph (i) will be, or has been, provided to a relevant government agency or organisation in the affected person’s country of destination. If a health practitioner suspects or believes on reasonable grounds that a person intending to leave New Zealand has a quarantinable condition, the health practitioner may must — a advise a medical officer of health or health protection officer that the person is believed to have a quarantinable condition; and b advise the affected person that the advice referred to in paragraph (a) will be or has been provided to a medical officer of health or health protection officer. 311 Persons with quarantinable condition about to leave New Zealand to supply information and comply with directions This section applies to a person intending to depart from New Zealand who a medical officer of health or health protection officer suspects or believes on reasonable grounds has a quarantinable condition (the affected person ). If this section applies the affected person, or the person appearing to be in charge of the craft on which the person is departing, must, on request by a medical officer of health or health protection officer, or a person authorised by one of those officers, give to the officer any information the officer believes on reasonable grounds to be necessary to enable the management of risks to public health. A person required under subsection (2) to supply information must take all reasonably practicable steps to do so promptly. For the purposes of subsection (2) , the information that may be requested from a person includes— a his or her name; and b his or her recent travel history; and c his or her recent activities; and d his or her previous and present addresses, and proposed routes, destinations, and addresses; and e his or her movements during the 14 days before his or her departure; and f whether he or she is experiencing or has recently experienced particular symptoms. An affected person— a must comply with all directions, requirements, or conditions given, made, or imposed by a medical officer of health under this section; and b must, on request by a medical officer of health, undergo a medical examination. 312 Inspection of ship or aircraft departing from New Zealand A medical health officer or health protection officer may at any reasonable time board any craft about to depart from New Zealand and enter and inspect any part of it for the purpose of ascertaining whether the craft contains any vector or reservoir. If the medical officer of health or health protection officer believes that there is on board a craft inspected under subsection (1) a vector or reservoir, the officer may do either or both of the following: a require the craft to be decontaminated, fumigated, disinfected, or otherwise treated or cleaned in any other manner; or b require the destruction of any item on board the craft. If the requirement is not complied with,— a the master or pilot in command commits an offence, and is liable on summary conviction to a fine not exceeding $10,000; and b the medical officer of health may have the craft decontaminated, fumigated, disinfected, or otherwise treated or cleansed (whether in accordance with the requirement or otherwise). All expenses incurred by the Crown in acting under subsection (3)(b) are recoverable from the owner of the craft or its agents in New Zealand as a debt due to the Crown. No action taken in respect of a craft under subsection (3)(b) limits the liability of its master or pilot under paragraph (a) of that subsection. Subsection (1) is subject to— a the provisions of any regulations made under section 322 ; and b sections 352 to 358 (general provisions about entry and search powers). If a medical officer of health or any other person exercises any power under this section, the medical officer of health or other person must, as soon as practicable, notify,— a if the power is exercised in respect of any aircraft, the Civil Aviation Authority and any airport likely to be affected by the exercise of the power: b if the power is exercised in respect of a ship, Maritime New Zealand and any port likely to be affected by the exercise of the power: c any other agency likely to be affected by the exercise of the power. 313 Inspection of points of entry A medical officer of health or health protection officer may at any reasonable time enter any port or airport or any place designated as a point of entry under section 281 for the purpose of ascertaining whether the place contains any vector or reservoir or contamination. If a medical officer of health believes that there is at a port, airport, or other place, a vector or reservoir or contamination, the medical officer of health or health protection officer may do one or more of the following: a require the place to be decontaminated, fumigated, disinfected, or treated or cleansed in any other manner; or b require the destruction of any item at the place. If the requirement is not complied with,— a the person in control of the port, airport, or other place commits an offence and is liable on summary conviction to a fine not exceeding $50,000; and b the medical officer of health may have the craft decontaminated, fumigated, disinfected, or otherwise treated or cleansed (whether in accordance with the requirement or otherwise). All expenses incurred by the Crown in acting under subsection (3)(b) are recoverable from the owner of the craft or its agents in New Zealand as a debt due to the Crown. No action taken in respect of a craft under paragraph (b) of subsection (3) limits the liability of its master or pilot under paragraph (a) of that subsection. Subsection (1) is subject to— a the provisions of any regulations made under section 322 ; and b sections 352 to 358 (general provisions about entry and search powers). 314 Power to obtain information about craft, freight, and passengers A medical officer of health or health protection officer may, for an authorised purpose, require the owner of a craft or any agent of the owner, any department of State, or the master or pilot in command of a craft, to provide any specified information in the person’s or department’s possession about— a the craft; and b the freight that is, or has been, on board the craft; and c any person who is on board the craft. A person required under subsection (1) to collect or supply information— a must take all practicable steps to do so promptly; but b is not required to supply any information that might incriminate the person. In this section, authorised purpose means the purpose of ascertaining whether a craft that is expected to arrive or has arrived in New Zealand or that is expected to depart from New Zealand, or freight or a person on board that craft, contains or has, or may contain or have, a quarantinable condition or insanitary condition. 315 Offences involving ships or aircraft The master of any ship who permits any person liable to quarantine to leave that ship without the authority of a medical officer of health or a health protection officer commits an offence and is liable on summary conviction,— a if the master knows that he or she is not entitled to permit the person to leave the ship or is reckless as to whether he or she is authorised to give permission, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both; or b in any other case, to a fine not exceeding $10,000. Every person on any ship who, being liable to quarantine, leaves the ship without the authority of a medical officer of health or a health protection officer commits an offence and is liable on summary conviction to a fine not exceeding $10,000. Every person arriving by any aircraft who, being liable to quarantine, leaves the airport, or that part of the airport in which passengers are lawfully detained pending the granting of pratique, or any place where he or she is lawfully detained pending his or her release from quarantine, without the authority of a medical officer of health or a health protection officer commits an offence and is liable on summary conviction,— a if the person knows that he or she is not entitled to leave the airport or that part of the airport where he or she is detained or is reckless as to whether he or she is entitled to leave, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both; or b in any other case, to a fine not exceeding $10,000. 316 Offences against sections in this subpart Every person commits an offence who contravenes or fails to comply with— a any direction under section 286(1) ; or b the requirement imposed under section 286(2) or (3) ; or c any requirement or obligation under section 289 or 290 ; or d any direction or requirement or condition referred to in section 294(a) or (b) ; or e the requirements of section 297(1)(a) or (b) or 309(2) or 311(5) ; or f the requirements of section 297(1)(c), (d), or (e) ; or g the requirement of section 298 ; or h the requirements of section 299(5) ; or i the requirements of section 302 or 303(2) ; or j a direction under section 305(1) ; or k the requirements of section 311(2) ; or l the requirements of section 314(1) and (2) . 317 Strict liability and defence to offences under section 316 In any prosecution for an offence under against section 316 it is not necessary to prove that the defendant intended to commit the offence. It is a defence to a prosecution under section 316(a), (b), (c), (e), (f), (g), (h), (i), (j), and (l) if the defendant proves— a that the defendant did not intend to commit the offence; and b that the defendant took all reasonable steps to prevent the commission of the offence, including (without limitation) steps required to prevent or mitigate any risks to public health arising from the matter constituting the offence. It is a defence to a prosecution under section 316(d) relating to a failure to comply with a direction or requirement under section 289 or 290 , if the defendant proves— a that the defendant did not intend to commit the offence; and b that the defendant took all reasonable steps to prevent the commission of the offence, including (without limitation) steps required to prevent or mitigate any risk to public health arising from the matter constituting the offence. 318 Penalties for offences under section 316 A person who commits an offence against section 316(a) is liable on summary conviction,— a if the person knew he or she was contravening the law or was reckless as to his or her authority to act, to a term of imprisonment not exceeding 3 months or to a fine not exceeding $10,000 or to both; or b in any other case, to a fine not exceeding $10,000. A person who commits an offence against section 316(b), (d), or (e) is liable on summary conviction to a fine not exceeding $10,000. A person who commits an offence against section 316(c) is liable on summary conviction,— a if the person knew that he or she was contravening the law or was reckless as to his or her authority to act, to a term of imprisonment not exceeding 3 months or to a fine not exceeding $50,000 or to both; or b in any other case, to a fine not exceeding $20,000. A person who commits an offence against section 316(f) or (i) or (l) is liable on summary conviction to a fine not exceeding $50,000. A person who commits an offence against section 316(g) is liable on summary conviction to a fine not exceeding $2,000. A person who commits an offence against section 316(h) is liable on summary conviction to a fine not exceeding $20,000. A person who commits an offence against section 316(j) is liable on summary conviction to a fine not exceeding $100,000. A person who commits an offence against section 316(k) is liable on summary conviction,— a in the case of the person appearing to be in charge of the craft, to a fine not exceeding $50,000; or b in any other case, to a fine not exceeding $10,000. 319 Health risk orders The Court may, instead of, or in addition to, sentencing a person who has been convicted of an offence against section 316(c) or (i) , make an order imposing whichever 1 or more of the requirements stated in section 114(1) that the Court thinks are necessary to prevent or minimise the health risk that the individual poses. An order made under subsection (1) has effect as a health risk order made under section 113 and subpart 3 of Part 4 applies to the order with any necessary modifications. 320 Power to arrest without warrant If a member of the police, medical officer of health, or health protection officer has reasonable grounds to believe that a person has committed an offence against section 315(2) or (3) ,— a a member of the police may— i arrest the person; and ii take the person involved to the ship, aircraft, hospital, or place of isolation where the person is supposed to be; and b the person may be detained until he or she is released from quarantine under section 296 . 321 Subpart 1 and this subpart operate independently The powers conferred by subpart 1 and the powers conferred by this subpart may be used in respect of the same situation or persons and— a nothing in subpart 1 limits or affects the powers conferred by this subpart; and b nothing in this subpart limits or affects the powers conferred by subpart 1 . 322 Regulations about risks to public health at border The Governor-General may, by Order in Council, provide for all or any of the following matters: a prescribing quarantinable conditions: b the procedure to be adopted in the inspection of ships or aircraft arriving in New Zealand and in the examination of persons on those ships or arriving by those aircraft; and generally the performance of quarantine: c the conditions subject to which pratique may be granted including (without limitation)— i the circumstances in which pratique may be assumed to have been granted on arrival and the circumstances in which that assumption ceases to apply: ii provision for a specified craft or classes of craft to apply for and be granted pratique before arrival in New Zealand: d the measures of decontamination, fumigation, disinfection, or other treatment or cleansing, including the treatment or cleansing of any things, to be adopted in respect of— i any ship or aircraft on which any quarantinable condition or insanitary condition exists or is reported to exist; or ii any contaminated baggage, cargo, or stores: e the isolation and treatment of persons arriving in New Zealand who are or are suspected to be suffering from any quarantinable condition, or who have or are suspected to have been exposed to a quarantinable condition, or who are otherwise liable to quarantine under section 285 : f a requirement to file health declarations in respect of aircraft and ships arriving in New Zealand, the form of those declarations, the circumstances in which aircraft and ships are exempt from filing health declarations, and the circumstances in which the requirements may be waived: g the payment by any person who has been isolated under regulations made under this section of the reasonable cost of his or her treatment and maintenance while in isolation and the exemption of any person, in whole or in part, from liability to make all or part of the payment: h the release of persons from quarantine, either unconditionally or subject to conditions as to medical surveillance or otherwise: i the requirements for ship sanitation for the purposes of section 308 : j the exemption of ships, aircraft, persons, or things of any specified classes, or in any specified circumstances or classes of circumstances, from the operation of any of the provisions of this subpart or of any other regulations under this section, either wholly or in part or subject to conditions: k the powers, functions, and duties of medical officers of health and health protection officers in respect of quarantine, the departure of craft or persons from New Zealand, and related matters: l prescribing forms to be used for the purposes of this subpart. Subsection (1) does not limit or affect any other provision in this subpart that empowers the making of regulations. 323 Purpose of health impact assessments The purpose of a health impact assessment is, in general terms, to enable departments of State, Crown entities, and local authorities to identify and assess whether proposed actions have a positive or negative effect on public health objectives before those actions are taken. 323 Purpose of health impact assessments The purpose of a health impact assessment is, in general terms, to enable departments of State, Crown entities, and local authorities to— a identify and assess whether proposed actions have a positive or negative effect on public health objectives; and b make recommendations on how a proposed action could further promote and protect public health. 324 Health impact assessments A department of State, Crown entity, or local authority may at any time undertake a health impact assessment of any proposed plan, policy, strategy, project, rule, consent, standard, guideline, or programme . If a health impact assessment is undertaken, it must be undertaken, having regard to any criteria specified by the Director-General in relation to the undertaking of health impact assessments, either generally or in relation to particular classes of health impact assessment. 325 Copy of health impact assessment must be supplied to Director-General A copy of a health impact assessment must be supplied by the organisation that undertakes it to the Director-General, as soon as is practicable after completing it. 326 General power of entry and inspection For the purposes of assessing whether the provisions of this Act and any regulations made under this Act, or any compliance order or other document issued under this Act, are being complied with, the following persons may enter into any building, land, craft, vehicle, or other thing and inspect that thing: a a medical officer of health: b a health protection officer: c any person authorised in writing for the purpose by a medical officer of health or health protection officer. For the purposes of assessing whether the provisions of Part 5 and Part 6 and any regulations relating to that Part either of those Parts , or any compliance order or other document issued under this Act relating to that Part either of those Parts , are being complied with, an environmental health officer or any person authorised in writing for the purpose by an environmental health officer may enter into any building, land, craft, vehicle, or other thing and inspect that thing. This section is subject to sections 352 to 358 (general provisions about entry and search powers). 327 Requirement for warrant to enter dwellinghouse or marae A person may not exercise the powers conferred by section 326 to enter a dwellinghouse or a marae , or the buildings of a marae, unless that person— a is a medical officer of health, health protection officer, or an environmental health officer (an authorised person ); and b has obtained a search warrant in accordance with subsection (2) . Any District Court Judge or Justice of the Peace or Community Magistrate or any Registrar (the issuing officer ) who is satisfied, on application in writing from an authorised person made on oath, that there is good reason for an authorised person to enter a dwellinghouse or a marae or the buildings of a marae in order to exercise a power under section 326 may issue a search warrant. This section is subject to sections 346 to 351 (general provisions about search warrants). 328 Examination of children at early childhood centres and schools Any designated officer may enter any early childhood centre or school and, subject to subsection (2) , may examine, test, or screen any child attending the school. A person aged under 16 years may not be examined, tested, or screened under this section unless the parent or guardian of the person has given his or her consent. A person must not be examined, tested, or screened under this section unless consent has been given in accordance with subsection (2A) . For the purpose of subsection (2) consent may be given— a by the person himself or herself if he or she is of or over 16 years of age; or b by the parent or guardian of the person if the person is less than 16 years of age; or c by the person himself or herself if he or she is less than 16 years of age and, in the opinion of the designated officer, the person has the capacity to— i understand the nature, and foresee the consequences, of giving the consent; and ii communicate that consent. However, if the consent referred to in subsection (2) has not been obtained or has been refused, and the designated officer considers that the child in question may have a significant health condition that requires further investigation, the designated officer may— a advise the parent or guardian and the school or centre accordingly; and b refer the child to an appropriately qualified health professional for further investigation. This section is subject to sections 352 to 358 (general provisions about entry and search powers). In this section— designated officer means— a a medical officer of health: b a health protection officer: c any other person authorised to carry out functions under this section by a medical officer of health early childhood centre has the same meaning as in section 308(1) of the Education Act 1989 school means a registered school as defined in section 2(1) of the Education Act 1989. 329 Medical officer of health or health protection officer or environmental health officer may issue compliance order A medical officer of health or health protection officer or environmental health officer may serve a compliance order on any person— a requiring that person to stop, or prohibiting that person from starting, anything done or to be done by, or on behalf of, that person that the medical officer of health or health protection officer or environmental health officer believes, on reasonable grounds,— i contravenes, or is likely to contravene, any specified provision; or ii will or may create a significant risk to public health; or b requiring that person to do something that the medical officer of health or health protection officer or environmental health officer believes, on reasonable grounds, is necessary to— i ensure compliance by, or on behalf of, that person with a specified provision; or ii prevent, remedy, or mitigate any significant risk to public health. A compliance order may be made subject to conditions. A compliance order may must specify the time within which compliance must be achieved. In this section, specified provision means,— a in relation to a medical officer of health or health protection officer,— i any provision of this Act (except Part 6 ): ii any provision of any regulations made under this Act: iii a regulated activity consent issued under Part 6 : iv a risk management plan approved under Part 6 : b in relation to an environmental health officer,— i any provision of Part 5 : ii any provision in regulations relating to that Part Part 5 : iii a regulated activity consent issued under Part 6 : iv a risk management plan approved under Part 6 . 330 Compliance with compliance order A person on whom a compliance order is served must— a comply with the order within the period specified in it; and b unless the order directs otherwise, pay all the costs and expenses of complying with it. This section is subject to the rights of appeal in section 332 . 331 Form and content of compliance order Every compliance order must state— a the name of the person to whom it is addressed; and b the reasons for the order; and c the action required to be taken, stopped, or not taken; and d the period within which the action must be taken or stopped, being a reasonable period within which to take the action required or to stop the action; and e the consequences of not complying with the order or lodging a notice of appeal; and f the rights of appeal under section 332 ; and g the name and office address of the medical officer of health or health protection officer or environmental health officer who issued the order. 332 Appeals Any person on whom a compliance order is served may appeal to the District Court in accordance with subsection (2) against the whole or any part of that order. A notice of an appeal must— a state the reasons for the appeal and the relief sought; and b be lodged with the District Court and served on the officer who issued the order. An appeal against a compliance order does not operate as a stay of that order unless a stay is granted by the District Court under section 333 . On an appeal under this section, the District Court may— a confirm the compliance order; or b vary the compliance order; or c set the compliance order aside. 333 Stay of compliance order pending approval Any person who appeals under section 332 may also apply to a District Court Judge for a stay of the compliance order pending a decision on the appeal. An application for a stay must— a state the reasons why the appellant considers it impossible or unreasonable to comply with the compliance order; and b be lodged with the District Court and served immediately on the medical officer of health or health protection officer or environmental health officer who issued the order. If an appellant applies for a stay, a District Court Judge must consider the application for a stay as soon as is reasonably practicable after the application has been lodged. Before granting a stay, the District Court Judge must consider— a the likely effect of not granting a stay on the appellant and whether it is impossible or unreasonable for the appellant to comply with the compliance order pending the decision of the appeal; and b any evidence from— i the appellant; and ii the medical officer of health or health protection officer or environmental health officer who issued the compliance order; and c the likely effect of granting a stay on the risk to public health in respect of which the compliance order was issued; and d any other matters that the Judge considers appropriate. The District Court Judge may grant or refuse a stay and, if the Judge grants a stay, may impose any terms and conditions on that stay that the Judge considers appropriate. Any appellant to whom a stay is granted must serve a copy of it on the medical officer of health or health protection officer or environmental health officer who issued the order. A stay does not have effect until it is served in accordance with subsection (6) . 334 Variation and cancellation of compliance order If a medical officer of health or health protection officer or environmental health officer considers that a compliance order is no longer required, he or she may cancel the compliance order. The medical officer of health or health protection officer or environmental health officer must give written notice of his or her decision to cancel a compliance order to the person who is subject to that compliance order. Any person who is directly affected by a compliance order may apply in writing to the medical officer of health or health protection officer or environmental health officer to change or cancel the compliance order. The medical officer of health or health protection officer or environmental health officer— a must, as soon as practicable, consider the application, having regard to— i the purpose for which the compliance order was issued; and ii the effect of a change or cancellation on that purpose; and iii any other matter that the medical officer of health or health protection officer or environmental health officer considers appropriate; and b may confirm, change, or cancel the compliance order. The medical officer of health or health protection officer or environmental health officer must give written notice of his or her decision to the person who applied under subsection (3) for a change or cancellation of the compliance order. 335 Appeals against decision on change or cancellation of compliance order If the medical officer of health or health protection officer or environmental health officer, after considering an application made under section 334(3) by a person who is directly affected by a compliance order, confirms that compliance order or changes it in a way other than that sought by that person, that person may appeal to the District Court in accordance with section 332 against the whole or any part of the compliance order. No person who lodges an appeal under subsection (1) may apply for, or be granted, a stay of the compliance order pending a decision on that appeal. 336 Failure to comply with compliance order is offence Every person commits an offence who fails, without reasonable excuse, to comply with a compliance order, and is liable on summary conviction to a fine not exceeding $1,000. 337 Incorporation of material by reference into regulations and compliance documents The following material may be incorporated by reference into this Act or into any regulations, standards, or other compliance documents ( instruments ) made or issued under the provisions of this Act: a standards, requirements, or recommended practices of national or international organisations: b any other written material that, in the opinion of the Minister or, as appropriate, the Director-General, is too large or is impractical to include in, or print as part of, the instruments concerned. Material may be incorporated by reference in an instrument— a in whole or in part; and b with modifications, additions, or variations specified in the instrument. The incorporated material— a is the material as it exists at the time that the instrument is made or issued; and b forms part of the instrument for all purposes and has legal effect accordingly. 338 Effect of amendments to, or replacement of, material incorporated by reference An amendment to, or replacement of, material incorporated by reference in this Act or in an instrument has legal effect as part of the Act or instrument only if— a the amendment or replacement material is made by the person or organisation originating the incorporated material; and b the amendment or replacement material is of the same general character as the material amended or replaced; and c either,— i in the case of material incorporated in the principal Act or in regulations, regulations are made that state that the particular amendment or replacement has that effect; or ii in the case of material incorporated in a compliance document, the Director-General, by notice in the Gazette , adopts the amendment or replacement. 339 Proof of material incorporated by reference A copy of material incorporated by reference in this Act or in an instrument, including any amendment to, or replacement of, the material ( material ), must be— a certified as a correct copy of the material by the Minister or, as appropriate, the Director-General; and b retained by the Minister or, as appropriate, the Director-General. The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the instrument of the material. 340 Effect of expiry of material incorporated by reference Material incorporated by reference in this Act or an instrument that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the Act or the instrument only if the Minister or, as appropriate, the Director-General, by notice in the Gazette , states that the material ceases to have legal effect. 341 Requirement to consult This section applies if— a the Minister proposes to make a recommendation for— i regulations to be made under this Act that incorporate material by reference; or ii regulations to be made under section 338(c)(i) that state that an amendment to, or replacement of, material incorporated by reference in regulations has legal effect as part of the regulations; or b the Director-General proposes to— i issue a code of practice or guidelines under Part 3 that incorporates material by reference; or ii publish, under section 338(c)(ii) , a notice in the Gazette that adopts an amendment to, or replacement of, material incorporated by reference in a standard or other compliance document. Before doing any of the things referred to in subsection (1) , the Minister or, as the case may be, the Director-General must— a make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference ( proposed material ) available for inspection during working hours for a reasonable period, free of charge, at the Ministry’s office in Wellington; and b make copies of the proposed material available for purchase at a reasonable price at the Ministry’s office in Wellington; and c give notice in the Gazette stating that— i the proposed material is available for inspection during working hours, free of charge, the place at which it can be inspected, and the period during which it can be inspected; and ii copies of the proposed material can be purchased and the place at which they can be purchased; and d allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and e consider any comments they make. Before doing any of the things referred to in subsection (1) , the Minister or, as the case may be, the Director-General— a may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and b must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and the details of where or how it can be accessed or obtained. The reference in subsections (2) and (3) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material. A failure to comply with this section does not invalidate an instrument that incorporates material by reference. 342 Access to material incorporated by reference The Director-General— a must make the material referred to in subsection (2) ( material ) available for inspection during working hours free of charge at the Ministry’s office in Wellington; and b must make copies of the material available for purchase at a reasonable price at all of the Ministry’s offices; and c may make copies of the material available in any other way that the Director-General considers appropriate in the circumstances (for example, on an Internet website); and d must give notice in the Gazette stating that— i the material is incorporated in an instrument and the date on which the instrument was made; and ii the material is available for inspection during working hours, free of charge, at the Ministry’s office in Wellington and the location of that office; and iii copies of the material can be purchased at all of the Ministry’s offices and the location of those offices; and iv if copies of the material are made available under paragraph (c) , the material is available in other ways and the details of where or how it can be accessed or obtained. The material is— a material incorporated by reference in this Act or in an instrument: b any amendment to, or replacement of, that material that is incorporated in the instrument or the material referred to in paragraph (a) with the amendments or replacement material incorporated: c if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material. A failure to comply with this section does not invalidate an instrument that incorporates material by reference. 343 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in this Act or in an instrument or to an amendment to, or replacement of, that material. 344 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in this Act or in an instrument made or issued under this Act to be laid before the House of Representatives. 345 Application of sections 346 to 351 The provisions of sections 346 to 351 apply in respect of every warrant applied for, or issued, under this Act that would enable entry and search of any land, premises, vehicle, or other thing (a search warrant ). 346 Application for search warrant An application for a search warrant must contain, in reasonable detail, the following particulars: a the name of the applicant: b the provision authorising the making of the application: c the grounds on which the application is made: d the address or other description of the place or thing proposed to be searched: e a description of the item or items believed to be in or on the place or thing that are sought by the applicant: f the period for which the warrant is sought: g if the applicant wants to be able to execute the warrant on more than 1 occasion, the grounds on which execution on more than 1 occasion is believed to be necessary. The issuing officer may require the applicant to supply further information concerning the grounds on which the search warrant is sought. The applicant must disclose in the application— a details of any other applications for a search warrant that the applicant knows to have been made within the previous 3 months in respect of the place or thing proposed to be searched: b the result of that application or those applications. The applicant must, before making an application for a search warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3) . The issuing officer may authorise the search warrant to be executed on more than 1 occasion during the period in which the warrant is in force if he or she is satisfied that this is required for the purposes for which the warrant is being issued. 347 Mode of application for search warrant An application for a search warrant— a must be in writing, unless subsection (3) applies; and b may be transmitted to the issuing officer electronically. The applicant must appear in person before the issuing officer unless subsection (3) applies. An issuing officer may allow an application for a search warrant to be made verbally (for example, by telephone call) and excuse the applicant from making a personal appearance if the issuing officer is satisfied that— a the delay that would be caused by requiring an applicant to appear in person would compromise the effectiveness of the search; and b the question of whether the warrant should be issued can properly be determined on the basis of a verbal communication (together with the material described in paragraph (c) ); and c the information required by section 346(1) to (3) has been supplied to the issuing officer. An issuing officer who allows an application for a search warrant to be made verbally must record the grounds for the application as soon as practicable. 348 Form and content of search warrant Every search warrant issued must be in the prescribed form. Every search warrant issued must be directed,— a in the case of a warrant issued under section 255 , to an assessor by name or to every assessor; or b in the case of a warrant issued under section 327 , to an authorised person by name or to every authorised person holding a specified office or authorisation or to every authorised person. A search warrant— a may be executed by all or any of the persons to whom it is directed: b may be subject to any conditions specified in the warrant that the issuing officer considers reasonable: c may be executed only once, unless execution on more than one occasion has been authorised. Every search warrant must contain, in reasonable detail, the following particulars: a the name of the issuing officer and the date of issue: b the provisions authorising the issue of the warrant: c that the person executing the warrant may use any assistance that is reasonable in the circumstances: d that the person executing the warrant may use any force that is reasonable in the circumstances to enter or break open or access any area within the place or thing being searched, or the thing found: e the address or description of the place or thing that may be searched: f a description of what may be seized: g the period during which the warrant may be executed, being— i a period specified by the issuing officer not exceeding 14 days from the date of issue; or ii if the issuing officer is satisfied that a period of longer than 14 days is necessary for execution, a period specified by the issuing officer not exceeding 30 days from the date of issue: h any conditions specified by the issuing officer under subsection (3)(b) : i if the warrant may be executed on more than 1 occasion, the number of times that the warrant may be executed. 349 Transmission of search warrant If it is not possible for the person charged with executing the warrant to have it in his or her possession at the time of execution, 1 of the following documents (which is deemed for all legal purposes to constitute the warrant) may be executed: a a facsimile or other electronic copy of a warrant issued by the issuing officer: b a copy made by the person to whom the warrant is directed, at the direction of the issuing officer and endorsed to that effect. 350 Retention of documents A copy of every written application for a search warrant, or (in the case of a verbal application) the written record of the application made by the issuing officer, must be retained at the District Court at which, or the District Court that is closest to the place at which, the application was made, until,— a in a case where a search warrant is issued, the completion of any proceedings in respect of which the validity of the warrant may be in issue; and b in any other case, the expiry of 2 years after the documents were first retained by the District Court. An applicant to whom a search warrant is issued must retain the warrant, a copy of the application (if made in written form) and all documents tendered by the applicant in support of the application until— a in the case of a warrant that is executed, the completion of any proceedings in respect of which the validity of the warrant may be in issue; and b in any other case, the destruction or transfer of the warrant and other documents is required by the Public Records Act 2005 or any other enactment or rule of law. 351 When search warrant is executed A search warrant is executed when the person executing the warrant— a has seized all the items specified in the warrant; or b leaves the place or thing being searched and does not return within 4 hours. 352 Application The provisions of sections 353 to 358 apply in respect of— a every search warrant issued under this Act; and b every power of entry and inspection (without warrant) or entry and search (without warrant) conferred under this Act or regulations made under this Act. For the purposes of sections 353 to 358 — a every power of entry and inspection under this Act is a power to enter and search, and a power of inspection confers a power to search: b entry and search power means every power of entry and inspection or entry and search or search warrant referred to in subsection (1) : c a power to enter and search at any time that is reasonable in the circumstances includes (without limitation) a power to enter and search at any time in circumstances where— i emergency powers may be exercised by a medical officer of health under section 264(2) ; and ii the entry and search relates to those circumstances. 353 Entry and search powers Every entry and search power authorises the person exercising it— a to enter and search the place or thing that the person is authorised to enter and search, and any item or items found in that place, at any time that is reasonable in the circumstances: b to request any person to assist with the entry and search (including, without limitation, a member of a hapu or iwi if the place to be entered is of cultural or spiritual significance to that hapu or iwi): c to use any force that is reasonable for the purposes of the entry and search: d to seize any thing authorised to be seized: e to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search: f to copy any document, or part of a document, that may lawfully be seized: g to take photographs or sound or video recordings of the place or thing searched, and of any thing found in that place, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings may be relevant in any proceedings related to the entry and search. The person exercising the entry and search power may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search, if the person exercising the entry and search power has reasonable grounds to believe that he or she could have seized the item or items under— a any search warrant that could have been obtained by him or her under this Act; or b any other entry and search power exercisable by him or her under this Act. The person responsible for carrying out the search may, in a manner and for the duration that is reasonable for the purposes of carrying out the search,— a secure the place or thing inspected or searched, any area within that place or thing, or any thing found within that place or thing: b exclude any person from the place or thing inspected or searched, or from any area within the place or thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of the power. If the entry and search power is a search warrant,— a the powers conferred by this section are subject to any conditions imposed under section 348(3)(b) ; and b section 198B of the Summary Proceedings Act 1957 applies as if for each reference to a constable there were substituted a reference to the person authorised to exercise the search warrant. 354 Powers of persons called to assist Every person called on to assist a person exercising a power of entry and search is subject to the control of the person with overall responsibility for exercising that power. Every person called on to assist a person exercising a power of entry and search may— a enter the place or thing to be searched: b while in the company and under the direction of the person exercising the power, use reasonable force in respect of any property for the purposes of carrying out the entry and search: c search areas within the place or thing that the person exercising the power has determined may lawfully be searched: d seize any thing that the person exercising the power has determined may lawfully be seized: e take photographs and sound and video recordings of the place or thing and things found in the place or thing if the person exercising the power has determined that those things may be lawfully taken: f bring in or on to the place or thing and use any equipment, make use of any equipment found on the place or thing, or extract electricity from the place or thing for the purposes of operating the equipment that the person exercising the power has determined may be lawfully used: g copy any document, or part of a document, that the person exercising the power has determined may be lawfully copied. If a member of the police is assisting another person exercising the entry and search power, that member of the police may exercise any power ordinarily exercisable by him or her. The person exercising the entry and search power must— a accompany any assistant on the first occasion when the assistant enters the place or thing to be searched; and b provide such other supervision of any assistant as is reasonable in the circumstances. 355 Powers and duties of person exercising entry and search power The person exercising the entry and search power must,— a before initial entry into or onto the place or thing to be searched,— i announce his or her intention to enter and search the place or thing under a statutory power: ii identify himself or herself; and b before or on initial entry into or onto the place or thing to be searched,— i give the occupier (if present) of the place or thing a copy of the search warrant or provision (the authority ) that authorises him or her to conduct the entry and search; and ii produce to the occupier (if present) of the place or thing evidence of his or her identity (which may include details of a unique identifier instead of a name). The person exercising the power of entry and search is not required to comply with subsection (1)(a) if he or she believes on reasonable grounds that— a no person is lawfully present in or on the place or thing to be searched; or b compliance with subsection (1)(a) would— i endanger the safety of any person; or ii prejudice the successful exercise of the entry and search power; or iii prejudice ongoing investigations under this Act. The person exercising the power of entry and search may use reasonable force in order to effect entry into or onto the place or thing if— a subsection (2) applies; or b following a request, the person present refuses entry or does not allow entry within a reasonable time. If the occupier is not present at any time during the search, the person carrying out the search must,— a on completion of the search, leave a copy of the authority referred to in subsection (1)(b)(i) and the notice referred to in subsection (5) in a prominent position at the place or on the thing; or b if this is not reasonably practicable, provide the copy of the authority referred to in subsection (1)(b)(i) and the notice referred to in subsection (5) to the occupier no later than 7 days after the execution of the warrant exercise of the power . The notice required by subsection (4) is a written notice containing the following particulars: a the date and time of the commencement and completion of the search: b the name or unique identifier of the person who had overall responsibility for that search: c the address of the office to which enquiries should be made: d if nothing is seized, the fact that nothing was seized: e if anything was seized, the fact that seizure occurred and (if an inventory is not provided at the same time under section 356 ) that an inventory of the things seized will be provided to the occupier or person in charge of the place or thing no later than 7 days after the seizure. For the purposes of this section and section 356 , the following persons may not be treated as the occupier: a any person who appears to be under 14 years of age: b any person whom the person executing the warrant has reasonable grounds to believe is not the occupier. Subsections (4) and (5) are subject to sections 357 and 358 . 356 Inventory of items seized The person who carries out a search must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier, and to every other person whom the person who carried out the search has reason to believe is the owner of the thing that was seized,— a written notice specifying what was seized; and b a copy of the authority referred to in section 355(1)(b)(i) . A written notice referred to in subsection (1)(a) — a must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right— i to have access to the thing; or ii to have access to any document relating to the application for a search warrant or the exercise of any other entry and search power that led to the seizure; and b must contain information about the right to bring a claim that any privileged or confidential information has been seized; but c need not be provided to the occupier if the person who carries out the search is satisfied that none of the items seized are owned by the occupier. If the occupier is not present at the time of seizure, a written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 355(1)(b)(i) may be provided to the occupier by leaving the notice in a prominent position at the place or on the thing. A person who carries out a search must make reasonable inquiries for the purposes of complying with subsections (1) and (2) . Subsection (1) is subject to subsections (2) and (3) . This section is subject to sections 357 and 358 . 357 Compliance with certain provisions may be deferred in certain circumstances A person exercising an entry and search power may apply to a District Court Judge for a postponement of the obligation to comply with section 355(4) or (5) or 356 on the grounds that compliance would— a endanger the safety of any person; or b prejudice ongoing investigations under this Act or exercises of the entry and search power on subsequent occasions. An application may be made under subsection (1) ,— a in the case of an entry and search power that is a search warrant, at the time of the initial application or until the expiry of 7 days after the warrant is finally executed; and b in the case of any other entry and search power, until the expiry of 7 days after the entry and search power is exercised. On an application under subsection (1) , the District Court Judge may postpone for a specified period not exceeding 12 months the obligation to comply with section 355(4) or (5) or 356 , if the Judge is satisfied there are reasonable grounds for believing that compliance would— a endanger the safety of any person; or b prejudice ongoing investigations under this Act or the exercise of the entry and search power on subsequent occasions. 358 Further extension to, or dispensation from, obligation to comply with certain provisions A person who has obtained an order under section 357(3) may, before the expiry of that order, apply to a District Court Judge for a further postponement of, or dispensation from, the obligation to comply with section 355(4) or (5) or 356 on the grounds that compliance would— a endanger the safety of any person; or b prejudice ongoing investigations under this Act or the exercise of the entry and search power on subsequent occasions. An application for a further postponement may only be made on one occasion. On an application under subsection (1) , the District Court Judge may postpone for a further specified period not exceeding 12 months, or order a permanent dispensation from, the obligation to comply with section 355(4) or (5) or 356 if the Judge is satisfied that compliance would— a endanger the safety of any person; or b prejudice ongoing investigations under this Act or the exercise of the entry and search power on subsequent occasions. A District Court Judge may not grant, under subsection (3) , any postponement of, or dispensation from, an obligation in respect of any thing that has been seized, unless the thing seized is a copy or clone of any information taken or made. 358A Entry of defence areas Despite any other provision of this Act, no person exercising powers under this Act may enter a defence area (within the meaning of section 2(1) of the Defence Act 1990) except in accordance with a written agreement between the Director-General and the Chief of Defence Force entered into for the purposes of this section and for the time being in force. 359 Evidence of authority of medical officer of health or health protection officer The fact that any medical officer of health or any health protection officer or any environmental health officer exercises his or her functions in any health district or district of a territorial authority is sufficient evidence of his or her authority to do so. 360 Building Act 2004 Where any person making an inspection of a building or land under this Act believes that any building or sitework does not comply with the Building Act 2004, that person must by notice in writing give to the appropriate territorial authority details of the respects in which the building or sitework is believed not to comply. For the purposes of this section, the terms building , sitework , and territorial authority have the meanings given to them by the Building Act 2004. 361 Protection of persons acting under authority of Act A person who, in the exercise or intended exercise of any of the provisions of this Act or any regulations made under this Act, does any act, or fails or refuses to do any act, is not under any civil or criminal liability in respect of that act, whether on— a the ground of want of jurisdiction; or b mistake of law or fact; or c any other ground. Subsection (1) does not apply if the person has acted, or failed or refused to act, in bad faith or without reasonable care. 362 Obstruction of officers Every person commits an offence who— a wilfully obstructs, hinders, or resists any person in the execution of any powers conferred on him or her by or under this Act or any regulations made under this Act; or b threatens or assaults any person exercising powers conferred on him or her by or under this Act or any regulations made under this Act. Every person who commits an offence against subsection (1)(a) is liable on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding $10,000, or to both. Every person who commits an offence against subsection (1)(b) is liable on summary conviction to a fine not exceeding $10,000. 363 Compensation for property requisitioned or destroyed or damaged Reasonable compensation is payable for any loss or destruction of or damage to property if a person exercising powers conferred by this Act or regulations made under this Act— a requisitions any property from any person; or b destroys or damages any property (including an animal). Reasonable compensation under subsection (1) is payable, on written application by any person having an interest in the property, by the Director-General or out of money appropriated by Parliament for the purpose. Compensation is not payable under this section to any person who caused or contributed substantially to the emergency or other circumstances that brought about the requisition or destruction or damage. The Director-General may— a require a person who has caused or contributed substantially to an emergency or other circumstances to reimburse the Crown for all or part of any compensation paid on behalf of the Crown under this section in relation to that emergency or those other circumstances: b require 1 or more territorial authorities whose district or districts were affected by that emergency or those other circumstances to reimburse the Crown for any shortfall between the amount of compensation paid under this section and the amount of reimbursement received under paragraph (a) . If there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of that compensation, or as to the liability of the Crown to pay compensation, or as to the liability of any person to reimburse the Crown under subsection (4) , the matter must be determined by a court of competent jurisdiction. 364 Director-General may order post-mortem examination The Director-General may order a post-mortem examination of the body of a deceased person to be made by a medical practitioner if— a the death of any person is suspected to have been due to a communicable condition and the facts relating to the death cannot with certainty be ascertained without a post-mortem examination; or b it is desirable for preventing the occurrence or spread of a communicable condition that the facts relating to the death of any person should be ascertained. 365 Attendance of medical officer of health at meetings of local authorities At the request or with the consent of any local authority, the medical officer of health may— a attend any meeting of the local authority, or of any committee of the local authority; and b take part in the discussion of any matter relating to public health or to the powers and duties of the local authority under this Act. The medical officer of health— a does not have the right to vote on any question at any meeting referred to in subsection (1) ; and b must retire from the meeting whenever he or she is requested to do so by the chairperson of the meeting. 366 Expenses of local authorities All expenses incurred by or on behalf of any local authority in carrying out any of the provisions of this Act or any regulation made under this Act may be paid by the local authority out of its general funds. 367 Service of documents If a notice or other document served under this Act or any regulations made under this Act is to be served on a person, it may be served— a by delivering it personally to the person (other than a Minister of the Crown); or b by delivering it at the usual or last known place of residence or business of the person by any means, including by facsimile; or c by sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of that person. If a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act or any regulations made under this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) must be treated as service on the body. If a notice or other document is to be served on a committee for the purposes of this Act or any regulations made under this Act, service on the chairperson of the committee or the administrating authority of the committee must be treated as service on the committee. If a notice or other document is to be served on a partnership for the purposes of this Act, service on any 1 of the partners in accordance with subsection (1) must be treated as service on the partnership. If a notice or other document is sent by post to a person in accordance with subsection (1)(c) , it must be treated, in the absence of proof to the contrary, as having been received by the person at the time at which the letter would have been delivered in the ordinary course of the post. 368 General penalty for offences Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is provided elsewhere than in this section is liable to a fine not exceeding $2,000. 369 Strict liability In any prosecution for an offence under against sections 30, 42, 169(3), 175(3) 169(2), 175(1) , 195(2), 197(3), 198(2), 209(3), and 274 , it is not necessary to prove that the defendant intended to commit the offence. 370 Defences It is a defence to a prosecution under sections 30, 42, 169(3), 175(3), 195(2), 197(3), 198(2), 209(3), and 274 if the defendant proves— a that the defendant did not intend to commit the offence; and b that the defendant took all reasonable steps to prevent the commission of the offence including (without limitation) steps required to mitigate or prevent any risk to public health arising from the matter constituting the offence. 371 Additional penalty for certain offences for commercial gain If a person is convicted of an offence against section 169(3), 195(2), or 196(3) , the Court may, if it is satisfied that the offence was committed in the course of producing a commercial gain, and in addition to any penalty that the Court may impose under this Act, order that person to pay an amount not exceeding— a 3 times the value of any commercial gain resulting from the commission of the offence; or b if the person is a body corporate, and the value of any gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any) over the period of offending . For the purposes of subsection (1) , the value of any gain (if readily ascertainable) must be assessed by the Court, and any amount ordered to be paid under subsection (1)(a) or (b) is recoverable in the same manner as a fine. In this section, interconnected bodies corporate and turnover have the same meaning as in the Commerce Act 1986. 372 Liability of principal for acts of agents If an offence is committed against this Act by any person ( person A ) acting as the agent (including any contractor) or employee of another person ( person B ), person B is, without prejudice to the liability of person A, liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence. Despite subsection (1) , if any proceedings are brought under that subsection, it is a good defence if the defendant proves,— a in the case of a natural person (including a partner in a firm), that— i he or she did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or ii he or she took all reasonable steps to prevent the commission of the offence; or b in the case of a body corporate, that— i neither the directors of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed or ii the body corporate took all practicable steps to prevent the commission of the offence; and c in all cases, that the defendant took all practicable steps to remedy any effects of the act or omission giving rise to the offence. If any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate is also guilty of that offence if it is proved— a that the act that constituted the offence took place with his or her authority, permission, or consent; and b that he or she knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all practicable steps to prevent or stop it. 373 Offences punishable on summary conviction Every offence against this Act or against any regulations made under this Act is punishable on summary conviction. 374 Regulations about public health generally The Governor-General may, by Order in Council, make regulations at any time for all or any of the following purposes: a the inspection, cleaning, purifying, disinfection, fumigation, and isolation of ships, aircraft, dwellinghouses, buildings, yards, conveyances, drains, sewers, and things: b the destruction of insanitary things: c the vaccination of persons for the prevention of quarantinable conditions and other conditions posing a risk to public health , and the adoption of any other relevant measures for the prevention and mitigation of significant risks to public health: d the provision of medical aid, transport, accommodation, and treatment for the sick: e the transportation and disposal of the dead: f the isolation, disinfection, and treatment of persons suffering from any communicable condition: g the isolation or medical observation and surveillance of persons suspected to be suffering from any communicable condition, of persons in charge of or in attendance on person suffering from any communicable condition, and of other persons who may have been exposed to the infection of any communicable condition: h the prevention of the spread of any communicable condition by any persons, and the keeping of those persons under medical surveillance, and the restriction of the movements and the preventative treatment of those persons: i with respect to any communicable condition, prescribing the period which is deemed to be the period of incubation or communicability of that condition for the purposes of this Act: j the clinical, chemical, bacteriological, and other examinations and investigations necessary to determine whether any person is suffering from any disease or is a carrier of any communicable condition, and whether any person who has been suffering from any communicable condition has ceased to be likely to convey it: k the closing of schools educational institutions or the regulation or restriction of school attendance at those institutions to prevent or restrict the spread of any communicable condition with significant public health impact: l prescribing the duties of parents or guardians of children who are suffering from, or have recently suffered from or been exposed to, any communicable condition, and the duties of persons in charge of schools in respect of any such children: m prescribing the accommodation to be provided in connection with boarding schools, residences for children, or other similar institutions in which persons who may be suffering from any communicable condition are living: n the regulation or restriction of the attendance of the public, or of any section of the public, at any place of public recreation or amusement or concourse, or the closing of any such places for admission to the public: o the regulation, restriction, or prohibition of the convening, holding, or attending of any public gatherings for the purpose of managing a public health risk : p the regulation or restriction of traffic and the movements of persons within or from any area in which a communicable condition is prevalent: q imposing obligations in relation to notifiable conditions and notifiable contaminants including (without limitation) matters relating to the method of notification: r the prohibition or regulation of the importation , manufacture, packing, or sale of any thing likely to introduce or increase a risk to public health: disseminate a communicable condition or a contaminant: s the destruction of vectors and reservoirs, whether on land or on board any ship or any aircraft, the abolition or prevention of conditions favourable to vectors and reservoirs and contamination, and the prevention of the migration of vectors from ships and aircraft: t securing and maintaining the cleanliness and efficient sanitation of ships and aircraft, and preventing danger to health from overcrowding on any ship within any harbour in New Zealand, and preventing the pollution of the waters of any harbour with matter from any ship: u the protection of food from becoming infected by any communicable condition on any premises used for the manufacture, preparation, packing, storage, or handling of any article of food for sale, and the prohibition or restriction of the handling, by persons suffering from any communicable condition, of any article of food intended for sale: v prescribing the qualifications and competencies required for appointment as a health protection officer or an environmental health officer (which may differ for different classes of each kind of officer): w prescribing or providing for the fixing of reasonable fees to be paid in respect of any specified matter under this Act or regulations made under this Act, and the persons or authorities entitled to claim and receive those fees: x reducing, or assisting in reducing, risk factors (within the meaning of section 79 ) associated with, or related to, non-communicable diseases: x providing for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by lawyers appointed under section 94B , which fees and expenses may differ according to the complexity of the proceedings and the time spent: y regulating the minimum or maximum period for which information collected from a person under Part 7 (other than under a provision in respect of which any of sections 346 to 358 apply) may be retained and the retention or disposal of that information: z prescribing offences in respect of the contravention of or non-compliance with any regulation made under this Act or any requirement or direction made or given under any such regulation, and the amounts of fines that may be imposed in respect of any such offences not exceeding $5,000: za providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. In this section, educational institution means any place where people gather for the purposes of education or training, and includes an early childhood education and care centre within the meaning of section 310 of the Education Act 1989. 375 Regulations about needles and syringes and related products Without limiting anything in section 374 , the Governor-General may, by Order in Council, make regulations for all or any of the following purposes: a regulating the importation, sale, exchange, supply, use, and disposal of needles and syringes and any related product, whether new or used: b empowering or requiring the Director-General to approve kinds of needles and syringes and any related product, and the packaging and labelling of needles and syringes and any related product, for importation into, or sale, exchange, or supply in, New Zealand, and prohibiting the importation, sale, exchange, or supply of needles and syringes and any related product of any other kind or packaged or labelled in any other manner: c empowering the Director-General to fix any fee or cost to be charged for the sale, exchange, or supply of any needle or syringe and any related product (whether or not the fee or cost includes the cost of packaging). 376 Regulations about housing improvement and overcrowding Subject to the Building Act 2004, for the purpose of prescribing standards of fitness with which any dwellinghouse, whether erected before or after the commencement of this section, must comply, or for the purpose of preventing overcrowding, the Governor-General may, by Order in Council, make regulations for the purpose of preventing overcrowding in dwellinghouses. Without limiting the general power conferred by subsection (1) , regulations may be made under that subsection for all or any of the following purposes: a prescribing the number of persons permitted to reside in dwellinghouses, having regard to the number of rooms, the amount of floor space, air space, or available ventilation and the amenities provided: b prescribing methods of calculating the number of persons, the number of rooms, and the amount of the floor space, air space, or ventilation in the dwellinghouse: c prescribing offences in respect of the contravention of or non-compliance with any regulations made under that subsection, and the amounts of fines that may be imposed in respect of any such offences not exceeding $5,000. 377 Special provisions as to regulations Any regulations made under this Act may apply generally, or may apply, or be applied from time to time by the Minister by notice in the Gazette ,— a within any specified district or subdivision of a district of any local authority; or b within any specified part of New Zealand; and c any such notice may be revoked or varied at any time in the same way. If at any time while any regulations referred to in subsection (1) apply within any specified district or subdivision of a district of any local authority the boundaries of the district or subdivision are altered, the regulations, unless the context otherwise requires, subsequently apply within the district or subdivision as so altered. The operation of any regulations made under this Act may, if permitted by the regulations, be suspended until they are applied by the Minister by notice under subsection (1) . If any bylaws of any local authority in force in any locality are inconsistent with, or repugnant to, any regulations made under this Act in force in that locality, the bylaws are deemed to be subject to those regulations. The Minister, before recommending the making of any regulations under section 374 relating to hazardous substances (as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996) or relating to any thing that is or includes such substances , must— a consult with the Environmental Risk Management Authority established under that Act about the contents of those regulations; and b take into account any submissions made by the Authority. 378 Transitional regulations Without limiting the powers conferred by section 374 or 375 , the Governor-General may from time to time, by Order in Council, make regulations— a prescribing transitional and savings provisions concerning the coming into force of this Act, which may be in addition to or in place of the transitional and savings provisions of this Part: b to facilitate the bringing into force of any regulations under this Act; and to remove any inconsistency between regulations or orders made under the Health Act 1956: c providing that subject to such conditions as are specified in the regulations, during a specified transitional period,— i specified provisions of this Act (including definitions) do not apply: ii specified terms have the meanings given to them by the regulations: iii specified provisions repealed or amended or revoked by this Act are to continue to apply. 379 Expiry of section 378 Section 378 expires on the close of 1 July 2012 and on the close of that date is repealed. 380 Regulations and other enactments having effect under this Act The following regulations are to be treated as regulations made under this Act: a Anthrax Prevention Regulations 1987 (SR 1987/345): b Camping-Grounds Regulations 1985 (SR 1985/261): c Environmental Health Officers Qualification Regulations 1993 (SR 1993/155): d Fire Extinguishers Regulations 1958 (SR 1958/148): e Fireguards Regulations 1958 (SR 1958/21): f Health (Burial) Regulations 1946 (SR 1946/132): g Health (Cervical Screening (Kaitiaki)) Regulations 1995 (SR 1995/29): h Health (Hairdressers) Regulations 1980 (SR 1980/143): i Health (Immunisation) Regulations 1995 (SR 1995/304): j regulations 1 to 3, 9, 14, and Schedules 1 and 2 of the Health (Infectious and Notifiable Diseases) Regulations 1966 (SR 1966/87): k Health (Needles and Syringes) Regulations 1998 (SR 1998/254): l Health (Quarantine Inspection Places) Notice 2005 (SR 2005/328): m Health (Quarantine) Regulations 1983 (SR 1983/52): n Health (Registration of Premises) Regulations 1966 (SR 1966/73): o Health (Retention of Health Information) Regulations 1996 (SR 1996/343): p Housing Improvement Regulations 1947 (except Part 1) (SR 1947/200): q Microwave Ovens Regulations 1982 (1982/221): r Plastic Wrapping Regulations 1979 (SR 1979/272): s Venereal Diseases Regulations 1982 (SR 1982/215). The enactments specified in subsection (1) may be amended, revoked, or replaced at any time under the corresponding empowering provision (if any) in this Act or (if there is no corresponding empowering provision in this Act) as if this section contained the relevant empowering provision (as it read immediately before the commencement of section 374 ). Every regulation prescribing or providing for the fixing of fees and charges that was made under the Health Act 1956 and is in force immediately before the commencement of this section, continues to have effect and may be amended, revoked, or replaced under section 374 . 381 Expiry of section 380 Section 380 expires with the close of 1 July 2012 and on the close of that date is repealed. 382 Bylaws Every bylaw made under section 64 of the Health Act 1956 that is in effect immediately before the commencement of this section continues in effect as if it had been made under section 186 , and may be amended, revoked, or replaced by a bylaw made under that section. Despite subsection (1) , any provision in a bylaw made under section 64 of the Health Act 1956 ceases to have effect on the commencement of this section so far as it regulates the conduct of offensive trades. In this section, offensive trade has the meaning it had in section 2(1) of the Health Act 1956. 383 Existing health districts continue The health districts constituted under section 19 of the Health Act 1956 and in existence immediately before the commencement of this section— a continue in existence on and after the commencement of this section as if they had been constituted under section 14 ; and b may be altered under that section. 384 Director of Public Health continues in office The person who, immediately before the commencement of this section, held office as the Director of Public Health is deemed to have been appointed as Director of Public Health in accordance with section 17 . 385 Medical officers of health continue in office Every person who, immediately before the commencement of this section, was a medical officer of health (as defined in section 2(1) of the Health Act 1956), is deemed to have been appointed as a medical officer of health under section 12(1)(a) . 386 Health protection officers continue in office Every person who, immediately before the commencement of this section, was a health protection officer (as defined in section 2(1) of the Health Act 1956), is deemed to have been appointed as a health protection officer under section 12(1)(b) . 387 Other designated persons continue in office Every person who, immediately before the commencement of this section, was designated as an officer under section 7A(4) of the Health Act 1956, is deemed to have been appointed under section 12(4) as an officer with the same functions, duties, and powers. 388 Environmental health officers continue in office Every person who, immediately before the commencement of this section, was an environmental health officer (as defined in section 2(1) of the Health Act 1956), is deemed to have been appointed as an environmental health officer under section 153(1)(a) . 389 Personal information Any request or requirement made before the commencement of this section in relation to health information under sections 22B to 22J of the Health Act 1956, that has not been dealt with, or complied with, on the commencement of this section must continue to be dealt with, or complied with, as if those sections were still in force. This section does not limit sections 17 to 21 of the Interpretation Act 1999. 390 Civil proceedings relating to nuisances The Health Act 1956 continues in effect for the purpose of commencing or continuing any proceedings under section 33 or 35 of that Act, if those proceedings relate to nuisances in existence before the commencement of this section. Subsection (1) does not prevent the commencement of proceedings under section 171 in respect of a nuisance in existence both before and after the commencement of this section, but in that case proceedings under section 33 or 35 in respect of that nuisance— a may not be commenced: b may, if pending, be stayed by the District Court. This section does not limit section 19 of the Interpretation Act 1999. 391 Requirements to clean, repair, or close premises Every cleansing notice served under section 41 of the Health Act 1956, and every repair notice served under section 42, 44, or 46 of that Act, that is in effect immediately before the commencement of this section continues in effect as if this Act (other than this section) had not been passed. Every closing order issued under section 42, 44, or 46 of the Health Act 1956 that is in effect immediately before the commencement of this section continues in effect as if this Act (other than this section) had not been passed. The powers that could have been exercised under the Health Act 1956, and the actions that could have been taken under that Act, in respect of, or consequent on the non-compliance with, any notice or order described in subsection (1) or (2) , may be exercised or taken as if this Act (other than this section) had not been passed. Without limiting the generality of subsection (3) , the powers referred to in that subsection include the power to issue a closing notice under section 42, 44, or 46 of the Health Act 1956. Every person who, but for the repeal of sections 43 and 45 of the Health Act 1956, would have been entitled to appeal under either of those sections in respect of a closing order described in subsection (2) or authorised by subsection (3) , may appeal in respect of that order under, and in accordance with, section 43 or, as the case requires, section 45 of that Act as if this Act (other than this section) had not been passed. 392 Consents relating to offensive trades and stock saleyards Every consent issued under section 54 or 58 of the Health Act 1956 (including every condition imposed on such a consent) that is in effect on the commencement of this section continues in effect according to its tenor as if this Act (other than this section) had not been passed. Every consent to which subsection (1) applies that is in effect on the date that is 12 months after the commencement of this section expires on the close of that date. Every consent to which subsection (1) applies expires at the close of the following dates if, according to its tenor, it was in effect immediately before that date: a the date that is 12 months after the date on which it was issued; or b the date that is 12 months after the commencement of this section. The definition of offensive trade in section 2(1) of the Health Act 1956 and Schedule 3 of that Act continue in effect for the purposes of this section. 393 Specified requirements This section applies to any order, prohibition, notice, or requirement (the specified requirement ) that is made, under the Health Act 1956, by the Minister, the Director-General, a medical officer of health, or a health protection officer and that is in effect on the commencement of this section. A specified requirement continues in effect until it is cancelled or modified or replaced in the manner referred to in subsection (4) or until its purpose has been fulfilled. For the purposes of subsection (2) , the Health Act 1956 continues in effect. A specified requirement may be modified, cancelled, or replaced by the exercise of a power conferred by a provision of this Act that corresponds in whole or in part to the provision of the Health Act 1956 under which the specified requirement was made. 394 Tuberculosis Act 1948 The Tuberculosis Act 1948 and the Tuberculosis Regulations 1951 continue in effect for the purpose of— a continuing any proceedings that, on the commencement of this section, are pending under section 16 of that Act; and b commencing any proceedings under section 16 of that Act in respect of a person about whom a medical officer of health was, before the commencement of this section, notified under section 3(1) of that Act. The Tuberculosis Act 1948 and the Tuberculosis Regulations 1951 continue in effect for the purpose of— a continuing any appeals that, on the commencement of this section, are pending under section 17 of that Act; or b commencing any appeals that arise out of proceedings described in subsection (1) . Subsection (4) applies to any notice under section 3(1) or 5(1) of the Tuberculosis Act 1948 that— a a medical officer of health receives before the commencement of this section; and b is current on that commencement. In relation to the notice, the medical officer of health continues to have the duties and powers set out in the Tuberculosis Act 1948 that the medical officer of health had immediately before the commencement of this section. 395 Ongoing matters under Part 3 or 4 of Health Act 1956 Any person or craft that, immediately before the commencement of this section, is liable to quarantine under the Health Act 1956 continues to be liable to quarantine until that liability ceases under that Act, and the provisions of that Act (including the powers and functions conferred in relation to persons or craft liable to quarantine) continue in force for this purpose. The places of inspection noted in the Schedule of the Health (Quarantine Inspection Places) Notice 2005 are deemed to have been declared as places of inspection under section 282 . This section does not limit sections 17 to 21 of the Interpretation Act 1999. 395A Amendments to Epidemic Preparedness Act 2006 Sections 395B to 395D amend the Epidemic Preparedness Act 2006. 395B Interpretation Section 4(1) is amended by inserting in its appropriate alphabetical order the following definition: epidemic disease means a disease specified in the Schedule . 395C Inserting references to epidemic disease in principal Act Section 5(1) is amended by omitting quarantinable disease (within the meaning of the Health Act 1956) and substituting epidemic disease . Section 8(1) is amended by omitting quarantinable disease and substituting epidemic disease . Section 14 is amended by omitting from the heading quarantinable disease and substituting epidemic disease . Section 14(2) is amended by omitting quarantinable disease and substituting epidemic disease . Section 15(2)(a)(i) is amended by omitting quarantinable disease and substituting epidemic disease . Section 24(1) is amended by omitting quarantinable disease and substituting epidemic disease . 395D New sections 27 and 28 and Schedule added The principal Act is amended by adding the following sections after section 26: 27 Power of Governor-General to amend Schedule 1 The Governor-General may by Order in Council, on the recommendation of the Minister of Health, amend the Schedule by adding or omitting the name of a disease or substituting a new name for a disease. 2 Before recommending an amendment under subsection (1) , the Minister of Health must— a be satisfied that the effects of an outbreak of the disease might disrupt or continue to disrupt essential governmental and business activity in New Zealand (or parts of New Zealand) significantly; and b consult with any representative groups or other bodies or persons within the health sector that the Minister considers appropriate. 3 Subsection (2)(b) does not apply if the Minister of Health considers in a particular case that the making of an order under subsection (1) is a matter of urgency in the public interest. 28 Temporary specification of epidemic disease 1 The Minister of Health may, by notification in the Gazette declare that the provisions of this Act apply as if a particular disease specified in the notice were an epidemic disease. 2 A notice under this section takes effect on the day after the date that it is notified in the Gazette and expires 3 months after that date unless earlier revoked by an Order in Council made under section 27 . The principal Act is amended by adding the Schedule set out in Schedule 3A . 396 Amendments to New Zealand Public Health and Disability Act 2000 This section amends the New Zealand Public Health and Disability Act 2000. Section 23(1) is amended by inserting the following paragraph after paragraph (k): ka to perform the public health functions described in section 19 of the Public Health Act 2007 : . Section 72(1) is amended by inserting the following paragraphs after paragraph (b): ba the management of any publicly owned organisation providing public health services: bb a complaint or matter that arises or may arise under the Public Health Act 2007 or out of the administration of that Act: . 397 Repeals and revocations The enactments set out in Part 1 of Schedule 4 are repealed. The regulations set out in Part 2 of Schedule 4 are revoked. 398 Consequential amendments The Acts set out in Part 1 of Schedule 5 are amended in the manner set out in that schedule. The regulations set out in Part 2 of Schedule 5 are amended in the manner set out in that schedule. 1 Notifiable conditions and epidemic diseases Disease Required to be notified by Required to be notified on reasonable suspicion Details identifying person may be contained in the notification Period of time within which notification must occur Acquired Immunodeficiency Syndrome (AIDS) Medical practitioner Yes No Specified person Person in charge of a laboratory Acute gastroenteritis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Amoebic enchephalitis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Anthrax Medical practitioner Yes Yes Specified person Person in charge of a laboratory Arboviral diseases Medical practitioner Yes Yes Specified person Person in charge of a laboratory Botulism Medical practitioner Yes Yes Specified person Person in charge of a laboratory Brucellosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Campylobacteriosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Chlamydia Medical practitioner Yes No Specified person Person in charge of a laboratory Cholera Medical practitioner Yes Yes Specified person Person in charge of a laboratory Creutzfeldt-Jakob disease and other spongiform encephalopathies Medical practitioner Yes Yes Specified person Person in charge of a laboratory Cryptosporidiosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Cysticercosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Diphtheria Medical practitioner Yes Yes Specified person Person in charge of a laboratory Enterobacter sakazakii invasive disease Medical practitioner Yes Yes Specified person Person in charge of a laboratory Giardiasis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Gonorrhoea Medical practitioner Yes No Specified person Person in charge of a laboratory Haemophilus influenzae b invasive disease Medical practitioner Yes Yes Specified person Person in charge of a laboratory Hepatitis A Medical practitioner Yes Yes Specified person Person in charge of a laboratory Hepatitis B Medical practitioner Yes Yes Specified person Person in charge of a laboratory Hepatitis C Medical practitioner Yes Yes Specified person Person in charge of a laboratory Hepatitis D Medical practitioner Yes Yes Specified person Person in charge of a laboratory Hepatitis E Medical practitioner Yes Yes Specified person Person in charge of a laboratory Highly Pathogenic Avian Influenza Medical practitioner Yes Yes Specified person Person in charge of a laboratory Human Immunodeficiency Virus (HIV) Medical practitioner Yes No Specified person Person in charge of a laboratory Hydatid disease Medical practitioner Yes Yes Specified person Person in charge of a laboratory Invasive Pneumococcal Disease Medical practitioner Yes Yes Specified person Person in charge of a laboratory Lead absorption equal to or in excess of 0.48 mol/L (10 g/dl) Medical practitioner Yes Yes Specified person Person in charge of a laboratory Legionellosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Leprosy Medical practitioner Yes Yes Specified person Person in charge of a laboratory Leptospirosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Listeriosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Malaria Medical practitioner Yes Yes Specified person Person in charge of a laboratory Measles Medical practitioner Yes Yes Specified person Person in charge of a laboratory Mumps Medical practitioner Yes Yes Specified person Person in charge of a laboratory Neisseria meningitidis invasive disease Medical practitioner Yes Yes Specified person Person in charge of a laboratory Norovirus Medical practitioner Yes Yes Specified person Person in charge of a laboratory Pertussis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Plague Medical practitioner Yes Yes Specified person Person in charge of a laboratory Poisoning arising from chemical contamination of environment Medical practitioner Yes Yes Specified person Person in charge of a laboratory Poliomyelitis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Q Fever Medical practitioner Yes Yes Specified person Person in charge of a laboratory Rabies including other Lyssa viruses Medical practitione Yes Yes Specified person Person in charge of a laboratory Rheumatic fever Medical practitioner Yes Yes Specified person Person in charge of a laboratory Rickettsial diseases Medical practitioner Yes Yes Specified person Person in charge of a laboratory Rubella Medical practitioner Yes Yes Specified person Person in charge of a laboratory Salmonellosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Severe Acute Respiratory Syndrome (SARS) Medical practitioner Yes Yes Specified person Person in charge of a laboratory Shigellosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Smallpox Medical practitioner Yes Yes Specified person Person in charge of a laboratory Syphilis Medical practitioner Yes No Specified person Person in charge of a laboratory Taeniasis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Tetanus Medical practitioner Yes Yes Specified person Person in charge of a laboratory Toxic shellfish poisoning, including, without limitation, amnesiac, diarrheic, neurotoxic, and paralytic shellfish poisoning and ciguatera fish poisoning Medical practitioner Yes Yes Specified person Person in charge of a laboratory Trichinosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Tuberculosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory Tularemia Medical practitioner Yes Yes Specified person Person in charge of a laboratory Typhoid and paratyphoid fever Medical practitioner Yes Yes Specified person Person in charge of a laboratory Verotoxin-producing escherichia coli (VTEC) including, without limitation, haemolytic uraemic syndrome Medical practitioner Yes Yes Specified person Person in charge of a laboratory Viral haemorrhagic fevers Medical practitioner Yes Yes Specified person Person in charge of a laboratory Yellow fever Medical practitioner Yes Yes Specified person Person in charge of a laboratory Yersiniosis Medical practitioner Yes Yes Specified person Person in charge of a laboratory NOTE: If no time is specified in the fifth column, the disease or other condition must be notified as soon as practicable (see sections 32(4) and 33(3) ). Cholera Highly Pathogenic Avian Influenza Plague Yellow fever 1 Notifiable conditions Disease Required to be notified by Required to be notified on reasonable suspicion Details identifying person required Acquired Immunodeficiency Syndrome (AIDS) Medical practitioner Specified person Yes No identifying details Acute gastroenteritis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Amoebic emcephalitis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Anthrax Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Arboviral diseases Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Botulism Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Brucellosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Campylobacteriosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Chlamydia Medical practitioner Specified person Person in charge of a laboratory Yes No identifying details Cholera Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Creutzfeldt-Jakob disease and other spongiform encephalopathies Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Cryptosporidiosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Cysticercosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Diphtheria Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Enterobacter sakazakii invasive disease Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Giardiasis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Gonorrhoea Medical practitioner Specified person Person in charge of a laboratory Yes No identifying details Haemophilus influenzae b invasive disease Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Hepatitis A Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Hepatitis B Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Hepatitis C Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Hepatitis D Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Hepatitis E Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Highly Pathogenic Avian Influenza Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Human Immunodeficiency Virus (HIV) Medical practitioner Specified person Person in charge of a laboratory Yes No identifying details Hydatid disease Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Invasive Pneumococcal Disease Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Lead absorption equal to or in excess of 0.48 mol/L (10 g/dl) in a person not known to have occupational exposure to lead Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Legionellosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Leprosy Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Leptospirosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Listeriosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Malaria Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Measles Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Mumps Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Neisseria meningitidis invasive disease Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Noroviral gastroenteritis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Pertussis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Plague Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Poisoning arising from chemical contamination of environment Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Poliomyelitis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Q Fever Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Rabies including other Lyssa viruses Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Rheumatic fever Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Rickettsial diseases Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Rubella Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Salmonellosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Severe Acute Respiratory Syndrome (SARS) Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Shigellosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Smallpox Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Syphilis Medical practitioner Specified person Person in charge of a laboratory Yes No identifying details Taeniasis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Tetanus Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Toxic seafood poisoning, including, without limitation, amnesiac, diarrheic, neurotoxic, and paralytic shellfish poisoning and ciguatera fish poisoning Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Trichinosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Tuberculosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Tularemia Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Typhoid and paratyphoid fever Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Verotoxin-producing escherichia coli (VTEC) including, without limitation, haemolytic uraemic syndrome Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Viral haemorrhagic fevers Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Yellow fever Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Yersiniosis Medical practitioner Specified person Person in charge of a laboratory Yes Name, address, national health index number Note: Unless otherwise specified in regulations made under this Act, the condition must be notified as soon as practicable (see sections 32(4) and 33(3) ) 2 Notifiable contaminants Drinking water is water that comes from a supply that has domestic and food preparation use (as defined in section 69G of the Health (Drinking Water) Act 1956. Contaminant Period of time within which notification must occur E. coli if present at more than 10 organisms per 100mL or infectious pathogenic protozoa ( Cryptosporidium or Giardia ) if present at more than 1 (oo) cyst per 100L. Any substance for which a maximum acceptable value is set under the Drinking-water Standards for New Zealand if the amount exceeds the maximum acceptable value. E. coli or infectious pathogenic protozoa ( Cryptosporidium or Giardia ) if present at more than the maximum acceptable values set under the Drinking-water Standards for New Zealand . Any non-living substance for which a maximum acceptable value is set under the Drinking-water Standards for New Zealand if the amount exceeds the maximum acceptable value. Pool means any pool (including fresh and sea water swimming pools, geothermal pools, and spa pools) other than domestic pools as defined by New Zealand Standard NZS 5826:2000. Contaminant Period of time within which notification must occur Any micro-organism, including a standard plate count, for which a maximum recommended upper limit is set by a New Zealand Standard for swimming pool and spa water quality if the amount of the micro-organism exceeds the maximum recommended upper limit. Cryptosporidium species Legionella species Any micro-organism, including a standard plate count, for which a maximum recommended upper limit is set by a New Zealand Standard for swimming pool and spa water quality if the amount of the micro-organism exceeds the maximum recommended upper limit. Cryptosporidium species Legionella species Cooling water system means a heat exchange system comprising a heat-generating plant, a heat rejection plant and interconnecting water recirculating pipework and associated pumps, valves, and controls as defined by Australia/New Zealand Standard AS/NZS 3666. Contaminant Period of time within which notification must occur Legionella (at a concentration of 1 000 or more colony forming units of Legionella per millilitre of water) NOTE: If no time is specified in the second column, the contaminant must be notified as soon as practicable (see sections 34(3) and 35(4) ). Legionella (at a concentration of 1 000 or more colony forming units of Legionella per millilitre of water) Note: Unless otherwise specified in regulations made under this Act, contaminant must be notified as soon as practicable (see sections 34(3) and 35(4) ) 3 Regulated activities The operation of camping grounds, including any of the following: a erecting and operating buildings, cabins, and other premises in a camping ground: b locating, sizing, and spacing of cabins and camp sites: c installing and maintaining facilities available for use in connection with cabins and camp sites: d maintaining and operating water supplies: e collecting, storing, and disposing of refuse: f installing, maintaining, and providing any of the following: i ablutions and sanitary fixtures: ii cooking places: iii laundry facilities: iv drainage. In this item, camping ground means any area of land used, or designed or intended to be used, for rent, hire, donation, or otherwise for reward, for the purposes of placing or erecting on the land temporary living places for occupation by 2 or more families or parties (whether consisting of 1 or more persons) living independently of each other, whether or not such families or parties enjoy the use in common of entrances, water supplies, cookhouses, sanitary fixtures, or other premises and equipment. Operating mortuaries, which includes any of the following: a constructing or maintaining mortuaries: b storing dead bodies in a mortuary: c preparing dead bodies for burial or cremation: d embalming dead bodies. In this item, mortuary means a room regularly used or intended to be regularly used for the preparation of dead bodies for burial or for the embalming of dead bodies or the examination or treatment of dead bodies prior to burial; but does not include premises so used or intended to be so used exclusively in or in connection with a hospital care institution (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001), or a school of anatomy established under section 7 of the Human Tissue Act 1964. Providing hairdressing services in a hairdresser’s shop, including constructing or maintaining a hairdresser’s shop. In this item— hairdresser's shop means any premises in which hairdressing services are provided, other than premises occupied by a customer of the person providing those services hairdressing services means the dressing, curling, waving, cleansing, cutting, shaving, trimming, singeing, bleaching, tinting, colouring, or other treatment of the hair or beard of any person. Manufacturing, importing, servicing, or selling microwave ovens. In this item,— microwave means an electromagnetic wave with a frequency in the range of 3 × 10 2 to 1 × 10 5 megahertz microwave oven means an appliance that— a is designed to supply microwave energy to material within an area of the oven in which the microwave field is enclosed and confined; and b is or is likely to be commonly used for the cooking or heating of food for immediate consumption sell includes hire, lease, and lend. Wrapping products intended for sale in polyethylene or similar plastic material. Selling or supplying needles or syringes. In this item, needle means a needle forming part of, or attached to, or designed for attachment to and use with, a syringe. 3A New Schedule added to Epidemic Preparedness Act 2006 s 4(1) Epidemic diseases Cholera Highly pathogenic Avian influenza Plague Severe acute respiratory syndrome Smallpox Yellow fever Epidemic diseases 4 Repeals and revocations Part 1, Part 2 (except sections 60 to 63), Part 3, Part 3A (except section 92H), Parts 4 to 7 (except sections 129 to 131 and sections 137A to 137H), and the Schedules. Section 26. Other than regulations 1 to 3, 9, 14, and Schedules 1 and 2 Part 1 5 Consequential amendments Public Acts Section 161(5)(a)(iii): omit Health Act 1956 and substitute Public Health Act 2007 . Section 7(2): omit Health Act 1956 and substitute Public Health Act 2007 . Section 52(1): omit Health Act 1956 and substitute Public Health Act 2007 . Section 17(3)(f): repeal and substitute: f Public Health Act 2007 : . Paragraph (j) of the definition of other investigating authority in section 9: omit Health Act 1956 and substitute Public Health Act 2007 . Section 32(b): omit section 78 of the Health Act 1956 and substitute section 364 of the Public Health Act 2007 . Section 75(1)(a): omit section 120 of the Health Act 1956 and substitute section 374 of the Public Health Act 2007 . Section 19(1)(b): repeal and substitute: b may have a notifiable disease (within the meaning of the Public Health Act 2007 ),— . Part 2 of the Schedule: omit the item relating to the Health Act 1956. Schedule: omit The Health Act 1956. and substitute The Public Health Act 2007 . Section 5(1): omit quarantinable disease (within the meaning of the Health Act 1956) and substitute epidemic disease within the meaning of the Public Health Act 2007 . Section 8(1): omit quarantinable disease and substitute epidemic disease . Section 14(2): omit quarantinable disease and substitute epidemic disease . Section 15(2)(a)(i): omit quarantinable disease and substitute epidemic disease . Section 24(1): omit quarantinable disease and substitute epidemic disease . Schedule 1: omit the item relating to the Board of Health. Definition of medical officer of health in section 2: omit Health Act 1956 and substitute Public Health Act 2007 . Section 19(2)(h): omit any Medical Officer of Health (as defined in section 2(1) of the Health Act 1956) and substitute any medical officer of health (as defined in section 4(1) of the Public Health Act 2007 ) . Paragraph (f) of the definition of responsible Minister in section 49A: repeal and substitute: f the Public Health Act 2007 ; or . Section 136(4): omit paragraph (d) and substitute the following paragraphs: d when an emergency is declared under the Biosecurity Act 1993; or e when an emergency is declared under the Public Health Act 2007 ,— Section 1: Insert (Drinking Water) after Health . Section 69G: omit section 7A and substitute section 12(1) of the Public Health Act 2007 . Section 69ZZ: add the following subsection after subsection (2): 3 If the person in charge of a laboratory notifies the results of an analysis or test referred to in this section under subpart 3 of Part 2 of the Public Health Act 2007 the requirement to notify in subsection (2) does not apply. Definition of medical officer of health in section 5(1): omit section 2(1) of the Health Act 1956 and substitute section 4(1) of the Public Health Act 2007 . Section 67(b)(v): repeal and substitute: v the Public Health Act 2007 ; or . Section 100(2)(a)(v): repeal and substitute: v the Public Health Act 2007 ; or . Definition of sanitary services in section 124: omit has the same meaning as sanitary works in section 25(1)(a), (b), (c), (d), (h), and (i) of the Health Act 1956 and substitute means a service described in section 160(1)(a), (b), (c), (d), and (g) of the Public Health Act 2007 . Section 128(1)(b): omit under section 23 of the Health Act 1956 and substitute under section 153 of the Public Health Act 2007 . Section 128(4): repeal and substitute: 4 In this subpart, Medical Officer of Health has the meaning given to it in section 4(1) of the Public Health Act 2007 . Section 129(1)(d): omit Health Act 1956 and substitute Public Health Act 2007 . Section 148(6): omit Health Act 1956 and substitute Public Health Act 2007 . Definition of medical officer of health in section 5: repeal and substitute: medical officer of health has the same meaning as in section 4(1) of the Public Health Act 2007 . Section 80(3)(d): repeal and substitute: d a person under subpart 2 of Part 7 of the Public Health Act 2007 . Definition of medical officer of health in section 2(1): omit Health Act 1956 and substitute Public Health Act 2007 . Definition of medical officer of health in section 2(1): omit section 22 of that Act and substitute section 17 of that Act . Definition of medical officer of health in section 2(1): omit Health Act 1956 and substitute Public Health Act 2007 . Definition of medical officer of health in section 2(1): omit section 22 of that Act and substitute section 17 of that Act . Section 11(1)(g): omit Health Act 1956 and substitute Public Health Act 2007 . Section 25(1)(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 27(a): omit or the Health Act 1956 and substitute or the Public Health Act 2007 . Section 38(6): omit Health Act 1956 and substitute Public Health Act 2007 . Section 40(1): omit Health Act 1956 and substitute Public Health Act 2007 . Section 42(1)(a): omit or the Health Act 1956, and substitute or the Public Health Act 2007 . Section 50(4): omit Health Act 1956 and substitute Public Health Act 2007 . Section 89(h): omit Health Act 1956 and substitute Public Health Act 2007 . Section 137(q): omit Health Act 1956 and substitute Public Health Act 2007 . Section 46(7): omit section 22B of the Health Act 1956 and substitute section 20 of the Public Health Act 2007 . Section 25(1): omit Health Act 1956 and substitute Public Health Act 2007 . Definition of Director-General in section 2(1): omit Health Act 1956 and substitute Public Health Act 2007 . Section 13(1): omit Health Act 1956 and substitute Public Health Act 2007 . Section 13(2): repeal. Section 102(1): omit Health Act 1956, relating to the establishment of offensive trades within the district of any local authority and substitute Public Health Act 2007 . Heading to section 68: omit Health Act 1956 and substitute Public Health Act 2007 . Section 68: omit local authority within the meaning and for the purposes of section 27 of the Health Act 1956 and substitute territorial authority for the purposes of sections 160 to 163 of the Public Health Act 2007 . Section 108(c): omit Health Act 1956 and substitute Public Health Act 2007 . Section 14(1)(c): omit section 7A of the Health Act 1956 and substitute section 12 of the Public Health Act 2007 . Section 61CE(1): omit quarantinable disease and substitute quarantinable condition . Section 61CE(5): omit quarantinable disease has the meaning given to it by section 2(1) of the Health Act 1956 and substitute quarantinable condition has the same meaning as in section 280(1) of the Public Health Act 2007 . Local Acts Heading to section 7: omit the Health Act 1956 and substitute Public Health Act 2007 . Section 7(a): omit Health Act 1956 and substitute Public Health Act 2007 . Heading to section 13: omit the Health Act 1956 and substitute Public Health Act 2007 . Section 13(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 6(1)(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 11(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 9(2): omit Health Act 1956 and substitute Public Health Act 2007 . Section 28(6): omit Health Act 1956 and substitute Public Health Act 2007 . Section 36A(1): omit section 29 of the Health Act 1956 and substitute section 166 of the Public Health Act 2007 . Section 36A(4): omit Health Act 1956 and substitute Public Health Act 2007 . Section 36A(4): omit section 76 of that Act and substitute subpart 3 of Part 5 of that Act . Section 32(4): omit Health Act 1956 in each place where it appears and substitute in each case Public Health Act 2007 . Section 10(a)(i): repeal and substitute: i the Public Health Act 2007 ; or . Section 4(2): omit Health Act 1956 and substitute Public Health Act 2007 . Section 92(b): repeal and substitute: b the Public Health Act 2007 . Section 51: omit section 29 of the Health Act 1956 in each place where it appears and substitute in each case section 166 of the Public Health Act 2007 . Section 87(d): repeal and substitute: d the Public Health Act 2007 : . Section 10(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 7(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 9(1)(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 12(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 4(2): omit Health Act 1956 and substitute Public Health Act 2007 . Section 31(1)(g): omit section 29 of the Health Act 1956 and substitute section 166 of the Public Health Act 2007 . Section 32(1): omit section 29 of the Health Act 1956 and substitute section 166 of the Public Health Act 2007 . Section 40(1): omit section 29 of the Health Act 1956 and substitute section 166 of the Public Health Act 2007 . Section 40(3): omit Health Act 1956 and substitute Public Health Act 2007 . Section 41: omit section 29 of the Health Act 1956 in each place where it appears and substitute in each case section 166 of the Public Health Act 2007 . Section 80(h): repeal and substitute: h The Public Health Act 2007 : . Section 10(a)(i): repeal and substitute: i The Public Health Act 2007 ; or . Section 8: omit Health Act 1956 and substitute Public Health Act 2007 . Section 15(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 5: omit Health Act 1956 and substitute Public Health Act 2007 . Section 10(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 4(1): omit Health Act 1956 and substitute Public Health Act 2007 . Section 13(a)(i): repeal and substitute: i the Public Health Act 2007 ; or . Section 8(a)(I): repeal and substitute: i the Public Health Act 2007 : . Section 8(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 17(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 4(1): omit Health Act 1956 and substitute Public Health Act 2007 . Section 6(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 18(1)(c): repeal and substitute: c the Public Health Act 2007 : . Section 7(a): omit Health Act 1956 and substitute Public Health Act 2007 . Section 6(b): repeal and substitute: b the Public Health Act 2007 ; or . Section 26(5): omit Health Act 1956 in each place where it appears and substitute in each case Public Health Act 2007 . Regulation 12: omit (including a notifiable infectious disease listed in section A of Part 1 of Schedule 1 of the Health Act 1956) and substitute (including a notifiable condition listed in Part 1 of Schedule 1 of the Public Health Act 2007 ) . Regulation 20: omit (including a notifiable infectious disease listed in section A of Part 1 of Schedule 1 of the Health Act 1956) and substitute (including a notifiable condition listed in Part 1 of Schedule 1 of the Public Health Act 2007 ) . Regulation 13: omit (including a notifiable infectious disease listed in section A of Part 1 of Schedule 1 of the Health Act 1956) and substitute (including a notifiable condition listed in Part 1 of Schedule 1 of the Public Health Act 2007 ) . Definition of the Act in regulation 2: revoke and substitute: Act means the Public Health Act 2007 . Definition of Medical Officer of Health and Inspector of Health in regulation 2: omit and substitute: medical officer of health and health protection officer have the same meanings as in section 4(1) of the Public Health Act 2007 . Regulation 3(6): omit section 128 of the Health Act 1956 and substitute section 326 of the Public Health Act 2007 . Regulation 4(4): omit under section 9 of the Health Act 1956 . Regulation 64(2): omit infectious disease and substitute any notifiable condition . Regulation 4: omit , as defined in section 2 of the Health Act 1956, and substitute , as defined in section 4(1) of the Public Health Act 2007 . Regulation 6: omit sections 136 and 137 of the Health Act 1956 and substitute sections 368 and 373 of the Public Health Act 2007 . Regulation 2: omit Expressions defined in the Health Act 1956 have the meanings so defined. and substitute Expressions defined in the Public Health Act 2007 have the same meaning in these regulations. Regulation 9: omit sections 136 and 137 of the Health Act 1956 and substitute sections 368 and 373 of the Public Health Act 2007 . Paragraph (a) of the definition of premises in regulation 2(1): omit the Health Act 1956 and substitute section 4(1) of the Public Health Act 2007 . Regulation 2(2): omit Health Act 1956 and substitute Public Health Act 2007 . Regulation 19(7): omit , whether suffering from a communicable disease or not, and substitute who has a notifiable condition (within the meaning of section 4(1) of the Public Health Act 2007 ) . Regulation 86(1): revoke and substitute: 1 Every person commits an offence against these regulations, and is liable accordingly under sections 368 and 373 of the Public Health Act 2007 , who contravenes or fails to comply with any of the provisions of Part 1 or the requirements of any notice served on that person under regulation 82. Regulation 10(2)(a): omit communicable disease and substitute communicable condition (within the meaning of section 4(1) of the Public Health Act 2007 ) . Regulation 10(2)(b): omit a person who is a carrier as defined in the Health Act 1956 and substitute a person who harbours a condition within the meaning of section 4(1) of the Public Health Act 2007 (as applied by section 4(2) of that Act) . Regulation 12(1): omit communicable disease within the meaning of the Health Act 1956 and substitute communicable condition within the meaning of section 4(1) of the Public Health Act 2007 . Regulation 24(2): omit Health Act 1956 and substitute Public Health Act 2007 . Regulation 6(1)(e): revoke and substitute: e Public Health Act 2007 : . Regulation 8(1)(a): omit Health Act 1956 and substitute Public Health Act 2007 . Regulation 6(1)(b)(v): revoke and substitute: v as a health protection officer within the meaning of section 2(1) of the Health Act 1956 or section 4(1) of the Public Health Act 2007 : . Definition of the Act in regulation 2(1): revoke and substitute: Act means the Public Health Act 2007 . Regulation 3(1): omit under section 74A(5)(f) and substitute section 53(1)(a) . Regulation 11(a): omit under section 74A(5)(f) and substitute section 53(1)(a) . Paragraph (b) of the definition of Director-General in regulation 2(1): omit Health Act 1956 and substitute Public Health Act 2007 . Regulation 15(2): omit section 136 of the Health Act 1956 and substitute section 368 of the Public Health Act 2007 . Regulation 2(2): omit Health Act 1956 and substitute Public Health Act 2007 . Definition of the Act in regulation 2: revoke and substitute: Act means the Public Health Act 2007 . Form 2 in Schedule 2: omit Section 107(2) of the Health Act 1956 and substitute Section 304(2) of the Public Health Act 2007 . Form 3 in Schedule 2: omit Section 107(1) of the Health Act 1956 and substitute Section 304(1) of the Public Health Act 2007 . Regulations 4: omit Health Act 1956 and substitute Public Health Act 2007 . Definition of the Act in regulation 2: revoke and substitute: Act means the Public Health Act 2007 . Regulation 8(3)(b): omit section 7A and substitute section 12 . Regulation 27: omit communicable disease (within the meaning of the Health Act 1956), or is a carrier (within the meaning of that Act) and substitute a communicable condition (within the meaning of section 4(1) of the Public Health Act 2007 ) or harbours a communicable condition within the meaning of section 4(1) of that Act (as applied by section 4(2) of that Act) . Definition of Director-General in regulation 2: omit Health Act 1956 and substitute Public Health Act 2007 . Regulation 3: omit sections 136 and 137 of the Health Act 1956 and substitute sections 368 and 373 of the Public Health Act 2007 . Definition of Medical Officer of Health in regulation 2: omit section 2(1) of the Health Act 1956 and substitute section 4(1) of the Public Health Act 2007 . Regulation 5(h): omit section 79 of the Health Act 1956 and substitute section 113 of the Public Health Act 2007 . Regulation 5(i): omit section 126 of the Health Act 1956 and substitute section 128 of the Public Health Act 2007 .