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HEALTH ACT 1956

- As at 27 August 2025
- Act 65 of 1956

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   2.      Interpretation
   2A.     Transitional, savings, and related provisions
   3.      Power of Governor-General in Council to amend Schedules

   PART 1 - Administration
   Note

   3A.     Function of Ministry in relation to public health
   3B.     Director of Public Health
   3C.     Director-General to produce annual report on current state of public health
   3D.     Director of Public Health may provide advice or reports to Minister
   3E.     Public Health Agency
   3F.     Public Health Agency to consult
   4.      Department of Health
   5.      Director-General of Health
   5A.     Deputy Directors-General and Assistant Directors-General of Health
   5B.     Delegation of powers by Director-General
   6.      Other officers and employees
   6A.     Part-time deputy medical officers of health
   7.      Principal functions of Department
   7A.     Medical officers of health and other officers
   8.      Conservation of public health in areas outside jurisdiction of local authorities
   9.      Delegation of powers by Minister
   9A.     Advisory committees and subcommittees
   10.     Annual report
           Note
   11.     Board of Health
   11A.    Chairman and deputy chairman
   12.     Remuneration and travelling allowances
   13.     Meetings and procedure of Board
   14.     Seal of Board
   15.     Secretary to Board
   16.     Functions of Board
   17.     Board may be appointed as a commission of inquiry
   18.     Committees of Board
   18A.    Ad hoc subcommittees
   19.     Health districts
   20.     Medical officer of health for every health district
   21.     Evidence of authority of medical officer or health protection officer
   22.     Certain officers to have functions of medical officers of health
   22A.    Powers of departmental officers under Factories and Commercial Premises Act 1981
           Note
   22B.    Interpretation
   22C.    Disclosure of health information
   22D.    Duty to provide health information
   22E.    Duty to provide information for purposes of blood collection
   22F.    Communication of information for diagnostic and other purposes
   22G.    Inspection of records
   22H.    Anonymous health information
   22I.    Offence to fail to retain health information
   22J.    Expiry of section 22I

   PART 2 - Powers and duties of local authorities

   23.     General powers and duties of local authorities in respect of public health
   24.     Governor-General may exempt certain local authorities
   25.     Local authority to provide sanitary works
   26.     Appeal against requisition or determination of Board of Health
   27.     Local authority may raise loans for sanitary works
   27A.    Grants and subsidies for refuse disposal works, sewerage works, and water supplies
           Note
   28.     Appointment of environmental health officers by local authorities
   29.     Nuisances defined for purposes of this Act
   30.     Penalties for permitting or causing nuisances
   31.     Provisions of this Act as to nuisances to be in addition to other rights
   32.     Provisions of this Act as to nuisances to apply to Crown
   33.     Proceedings in respect of nuisances
   34.     Power to abate nuisance without notice
   35.     Proceedings when nuisance caused by default outside district
           Note
   36.     Local authorities to make provision for removal of refuse, etc
   37.     Further provisions as to removal of refuse, etc
   38.     Right of local authority to use portion of reserve for depot
   39.     Requirements of dwellinghouses as to supply of water and sanitary conveniences
   40.     Sanitary requirements for business premises
   41.     Owners or occupiers may be required to cleanse premises
   42.     Local authority may require repairs and issue closing order
   43.     Appeal against closing order
   44.     Issue of closing order by medical officer of health
   45.     Determination of closing order
   46.     Closing order for premises owned by local authority
   47.     Failure to comply with closing order
   48.     Local authority may require demolition
   49.     District Court may make demolition order
   50.     Issue of requisition by medical officer of health
   51.     Enforcement of demolition order
   52.     Offences in respect of requisition or demolition order
   53.     Restriction on use of materials for building
   53A.    Mortgagee may do acts required of owner
   53B.    Provisions where owner is a trustee
   53C.    Advances by local authority to owners
   54.     Restrictions on carrying on offensive trade
   55.     Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade
   56.     Local authority to notify medical officer of health of registered chemical works
   57.     Local authority may restrict keeping of animals
   58.     Restrictions on establishment of stock saleyards
   59.     Appeal against decision refusing consent for stock saleyard or refusing registration of premises for stock saleyard
           Note
   60.     Pollution of water supply
   61.     Control of watercourses, etc
   62.     Supply of water from polluted source
   63.     Powers of Director-General as to polluted water supply
   64.     Bylaws
   65.     General provisions as to bylaws
   65A.    Effect of Building Act 2004 on bylaws
   66.     Penalties for breach of bylaws
   67.     Mode of making bylaws
   68.     Copies of bylaws to be available
           Note
   69.     Duties and powers of harbour boards

   PART 2A - Drinking water
   Note

   69A.    Purpose
           Note
   69B.    This Part generally to apply on commencement
   69C.    Application of sections 69S to 69ZC generally
   69D.    Application of sections 69S to 69ZC to bulk suppliers
   69E.    Application of sections 69S to 69ZC to water carriers
   69F.    Bulk suppliers, networked suppliers, and water carriers may elect earlier compliance
           Note
   69G.    Interpretation
   69H.    All practicable steps
   69I.    Part binds the Crown
           Note
   69J.    Drinking-water register
   69K.    Applications for registration
   69L.    Renewal of registration by water carriers
   69M.    Duty to update details on register
   69N.    Removal from register
           Note
   69O.    Minister may issue, adopt, amend, or revoke drinking-water standards
   69P.    Minister must consult before issuing, adopting, or amending drinking-water standards
   69Q.    Drinking-water standards must be notified and made available
   69R.    Commencement of drinking-water standards
           Note
   69S.    Duty of suppliers in relation to provision of drinking water
   69T.    Duties where risk to water is actual or foreseeable
   69U.    Duty to take reasonable steps to contribute to protection of source of drinking water
   69V.    Duty to comply with drinking-water standards
   69W.    Duty to take reasonable steps to supply wholesome drinking water
   69X.    Duties in relation to new water sources
   69Y.    Duty to monitor drinking water
   69Z.    Duty to prepare and implement water safety plan
   69ZA.   Medical officer of health may require preparation and implementation of water safety plan
   69ZB.   Duration of plans
   69ZC.   Review and renewal of plans
   69ZD.   Duty to keep records and make them available
   69ZE.   Duty to investigate complaints
   69ZF.   Duty to take remedial action if drinking-water standards breached
   69ZG.   Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health
   69ZH.   Duty to provide information to territorial authority
   69ZI.   Temporary supplier to notify medical officer of health of source and quality of raw water
   69ZJ.   Powers of medical officer of health relating to temporary drinking-water suppliers
           Note
   69ZK.   Director-General may appoint drinking-water assessors
   69ZL.   Functions of drinking-water assessors
   69ZM.   Drinking-water assessors accountable to Director-General for performance of functions
   69ZN.   Functions of designated officers
   69ZO.   Powers of designated officers
   69ZP.   Powers of drinking-water assessors and designated officers
   69ZQ.   Ancillary powers
   69ZR.   Restrictions on exercise of powers
   69ZS.   Requirement for warrant to enter dwellinghouse
   69ZT.   Standard conditions applying where warrant executed
   69ZU.   Drinking-water assessors and designated officers must produce identification
   69ZV.   Inventory of things seized to be provided
   69ZW.   Review of decisions of drinking-water assessors
   69ZX.   Register of drinking-water assessors
           Note
   69ZY.   Director-General may recognise laboratories
   69ZZ.   Compliance tests must be carried out by recognised laboratory
           Note
   69ZZA.  Minister may declare drinking-water emergency
   69ZZB.  Maximum duration of drinking-water emergency declaration
   69ZZC.  Drinking-water emergency may be declared or continued even if other emergency declared
   69ZZD.  Special powers of designated officers during drinking-water emergency
   69ZZE.  Compensation for property requisitioned or destroyed
   69ZZF.  Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991
   69ZZG.  Effect of exemption
           Note
   69ZZH.  Medical officer of health may issue compliance order
   69ZZI.  Compliance with compliance order
   69ZZJ.  Form and content of compliance order
   69ZZK.  Appeals
   69ZZL.  Stay of compliance order pending appeal
   69ZZM.  Variation and cancellation of compliance order
   69ZZN.  Appeals against decision on change or cancellation of compliance order
           Note
   69ZZO.  Contamination of raw water or pollution of water supply
   69ZZP.  Local authority may be required to warn users of self-supplied building water supplies about contamination
           Note
   69ZZQ.  Offence to supply or transport water if not registered
   69ZZR.  Offences against sections in this Part
   69ZZS.  Strict liability and defence to offences
   69ZZT.  Offences involving deception
   69ZZU.  Time for filing charging document
   69ZZV.  Penalties
   69ZZW.  Additional penalty for certain offences for commercial gain
   69ZZX.  Liability of principal for acts of agents
           Note
   69ZZY.  Regulations
   69ZZZ.  Protecting water supplies from risk of back-flow
   69ZZZA. Keeping, inspection, and copying of registers
   69ZZZB. Director-General must publish annual report
   69ZZZC. Statements by Director-General
   69ZZZD. Protection of persons performing or exercising functions, duties, or powers under this Part
   69ZZZE. Relationship between this Part and other enactments

   PART 3 - Infectious and notifiable diseases

   70.     Special powers of medical officer of health
   71.     Powers of medical officer of health on outbreak of infectious disease
   71A.    Power of constables to assist medical officer of health in relation to infectious diseases
   72.     Offences relating to obstructing medical officer of health or people assisting medical officer of health
   73.     Medical officer of health may cause sanitary works to be undertaken
   74.     Health practitioners to give notice of cases of notifiable disease
   74AA.   Medical laboratories to give notice of cases of notifiable disease
   74A.    National Cervical Screening Register
   74B.    Medical laboratories may be required to give notice of cases of disease during epidemic
   74C.    Priorities for medicines
   74D.    Redirection of aircraft
   75.     Duty of occupier of premises as to infectious disease
   76.     Duty of master of vessel in harbour as to infectious disease
   77.     Medical officer of health may enter premises
   78.     Director-General of Health may order post-mortem examination
   79.     Isolation of persons likely to spread infectious disease
   80.     Offences in respect of infectious or communicable diseases
   81.     Power of local authority to disinfect premises
   82.     Medical officer of health may order premises to be disinfected
   83.     Infected articles may be destroyed
   84.     Establishment of mortuaries and disinfecting stations
   85.     Notice of death from infectious disease
   86.     Duties of local authorities as to burials
   87.     Compensation for persons injuriously affected
   87A.    Communicable diseases occurring in animals
           Note
   88.     Persons suffering from venereal disease to undergo treatment
   89.     Duty of medical practitioner as to patient suffering from venereal disease
   90.     Treatment of children
   91.     Persons other than medical practitioners treating venereal disease
   92.     Infecting any person with venereal disease

   PART 3A - Management of infectious diseases
   Note

           SUBPART 1 - Overarching principles
           Note

   92A.    Principles to be taken into account
   92B.    Paramount consideration
   92C.    Respect for individuals
   92D.    Voluntary compliance
   92E.    Individual to be informed
   92F.    Principle of proportionality
   92G.    Least restrictive alternative
   92H.    Measures to apply no longer than necessary

           SUBPART 2 - Directions
           Note

   92I.    Medical officer of health may give directions to individual posing public health risk
   92J.    Medical officer of health may give directions to contacts of individuals posing public health risk
   92K.    Direction for medical examination
   92L.    Direction to close educational institutions
   92M.    Director-General may require copies of directions given under this Part
           Note
   92N.    Written directions and notices to be served on individual
   92O.    Duration of directions
   92P.    Medical officer of health must review directions
   92Q.    Directions may be extended
   92R.    Repeated directions may be given
   92S.    Directions may be varied or rescinded
   92T.    Appeal against directions
   92U.    Confidentiality
           Note
   92V.    Offence for failing to comply with directions
   92W.    Offence to obstruct compliance with directions
   92X.    Duty of care relating to individuals under 16 years and persons lacking in legal capacity
   92Y.    Force not permissible

           SUBPART 3 - Orders
           Note
           Note

   92Z.    District Court may make public health order
   92ZA.   Public health order may impose certain requirements on individual
   92ZB.   Matters that District Court may take into account in assessing public health risk
   92ZC.   Duration of public health order
   92ZD.   Public health order may be extended
   92ZE.   Relationship between directions and public health orders
           Note
   92ZF.   Medical officer of health may make urgent public health order
   92ZG.   Duration of urgent public health order
           Note
   92ZH.   Medical examination orders
   92ZI.   District Court may make public health order contingent on examinations establishing infectious disease
   92ZJ.   Order for contacts
           Note
   92ZK.   Proceedings under this Part in District Court to be heard by Family Court Judges, if practicable
   92ZL.   Proceedings under this Part not open to public
   92ZM.   District Court may appoint lawyers to act for individuals under 16 years
           Note
   92ZN.   Application for order
   92ZO.   Prior consultation with individual and individual’s family or whānau
   92ZP.   Case conferences
   92ZQ.   Medical officer of health must review orders
   92ZR.   District Court may cancel or vary orders
   92ZS.   Confidentiality

           SUBPART 4 - Appeals and enforcement
           Note

   92ZT.   Appeals to High Court
   92ZU.   Appeals to Court of Appeal
   92ZV.   Enforcement of order by medical officer of health
   92ZW.   Offence not to comply with order
   92ZX.   Offence to obstruct compliance with order

           SUBPART 5 - Contact tracing
           Note

   92ZY.   Purpose of contact tracing
   92ZZ.   What contact tracing involves
   92ZZA.  Who may be contact tracer
   92ZZB.  Appropriateness of contact tracing
   92ZZC.  Duty of individual with infectious disease to provide information about contacts
   92ZZD.  Consideration as to whether contact tracing can be undertaken by individual
   92ZZE.  When contact tracer may undertake contact tracing
   92ZZF.  Contact tracer may require certain persons to provide information
   92ZZG.  Duty of confidentiality
   92ZZH.  Offence to fail to comply with direction to provide required information about contacts

   PART 4 - Quarantine

   93.     Port health officers
   94.     Places of inspection for ships
   95.     Infected places
   96.     Ships and aircraft liable to quarantine
   97.     People liable to quarantine
   97A.    People liable to quarantine to comply with directions and supply information
   97B.    Detention of craft and people
   97C.    Lifting of detention of craft
   97D.    Powers and duties of medical officer of health or health protection officer in relation to quarantinable diseases
   97E.    Surveillance of certain people liable to quarantine
   97F.    Children and people under disability
   97G.    Offences against this Part
   98.     Continuance of liability to quarantine
   99.     Restrictions applying while ship liable to quarantine
   100.    Quarantine signal for ships
   101.    Inspection of ship or aircraft liable to quarantine
   102.    Ship's declaration of health
   103.    Aircraft declaration
   104.    Offences under last 2 preceding sections
   105.    Ship arriving from infected place
   106.    Ship with quarantinable disease on board
   107.    Grant of pratique
   108.    Persons suffering from quarantinable disease
   109.    Infected baggage, cargo, or stores
   110.    Disinfection and fumigation of craft
   111.    Power to board any ship and inspect
   112.    Offences
   112AA.  Sections 70 and 71 and this Part operate independently

   PART 4A - National Cervical Screening Programme
   Note

   112A.   Purpose
   112B.   Interpretation
           Note
   112C.   Appointment of persons to operate NCSP
   112D.   Objectives of NCSP
   112E.   Enrolment in NCSP
   112F.   Duties of NCSP manager that relate to enrolled women
   112G.   Procedure to prevent or cancel enrolment in NCSP
   112H.   Duties of NCSP manager when women cancel enrolment in NCSP
   112I.   Procedure to re-enrol in NCSP
   112J.   Restriction on access to, and use, retention, and disclosure of, NCSP information
   112JA.  Further provisions relating to NCSP information
   112K.   Delegation of functions and powers
           Note
   112L.   Duties of persons taking specimens for screening tests
   112M.   Duty of persons performing colposcopic procedure
   112N.   Duty of laboratories where specimens are analysed
           Note
   112O.   Establishment of NCSP review committee
   112P.   Work of review committee
   112Q.   Review committee's access to information
   112R.   Report by review committee
   112S.   Duty of Director-General to report
           Note
   112T.   Meaning of evaluate
   112U.   Director-General may designate screening programme evaluators
   112V.   Criteria for designating employees of Ministry
   112W.   Criteria for designating persons who are not Ministry employees
   112X.   Power of screening programme evaluators to access specimens and health information
   112Y.   Duties of screening programme evaluators
   112Z.   Duties of persons to whom evaluation material is supplied by screening programme evaluator
   112ZA.  Screening programme evaluator may publish non-identifiable information obtained during evaluation
           Note
   112ZB.  Duty of health practitioners
   112ZC.  Duty of persons who hold specimens
   112ZD.  Duty of hospitals
           Note
   112ZE.  Screening programme employees may retain, access, use, and disclose information to perform functions
   112ZF.  Regulations
   112ZG.  Incorporation of standards by reference in regulations
   112ZH.  Effect of amendments to, or replacement of, standards incorporated by reference in regulations
   112ZI.  Proof of standards incorporated by reference
   112ZJ.  Effect of expiry or revocation of standards incorporated by reference
   112ZK.  Requirement to consult
   112ZL.  Access to standards incorporated by reference
   112ZM.  Application of Legislation Act 2019 to standards incorporated by reference
   112ZN.  Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference
   112ZO.  Application of Standards and Accreditation Act 2015 not affected
   112ZP.  Offences

   PART 5 - Artificial UV tanning services
   Note
   Note

   113.    Interpretation
           Note
   114.    Ban on providing artificial UV tanning services to persons under 18 years
           Note
   115.    Infringement offences
   116.    Commission of infringement offences
   116A.   Infringement notices
   116B.   Payment of infringement fees

   PART 5A - Fluoridation of drinking water
   Note

   116C.   Purpose
   116D.   Interpretation

           SUBPART 1 - Direction relating to fluoridation of drinking water supply
           Note

   116E.   Director-General may direct local authority to add or not to add fluoride to drinking water
   116F.   Contents of direction
   116G.   Engagement with local authority
   116H.   Local authority not required to consult
   116I.   Local authority must comply with direction

           SUBPART 2 - Offences
           Note

   116J.   Offence to contravene or permit contravention of section 116I
   116K.   Strict liability and defence to offence
   116L.   Time for filing charging document
   116M.   Additional penalty for certain offences for commercial gain
   116N.   Liability of principal for acts of agents

   PART 6 - Regulations

   117.     Regulations as to public health
   118.    Regulations as to quarantine
   119.    Regulations as to noxious substances and gases and dangerous goods
   120.    Regulations as to registration
   120A.   Regulations as to homes and day-care centres for aged persons
   120B.   Regulations as to camping grounds
   120C.   Regulations as to housing improvement and overcrowding
   121.    Regulations as to qualifications of environmental health officers appointed by local authorities
   121A.   Regulations as to retention of health information
   122.    Special provisions as to regulations

   PART 7 - Miscellaneous provisions

   123.    Powers of Director-General on default by local authority
   123A.   Mandamus
   124.    Constitution and powers of boards of appeal
   125.    Medical examination of children
   126.    Infirm and neglected persons
   126A.   Persons attempting to commit suicide
   126B.   Blood transfusions
   127.    Attendance of medical officer of health at meetings of local authorities
   128.    Power of entry and inspection
   128A.   Building Act 2004
   129.    Protection of persons acting under authority of Act
   130.    Expenses of local authorities
   131.    Service of documents
   132.    Procedure in respect of charges on land
   132A.   Bursaries
   133.    Obstruction of officers
   134.    Failure to disclose name of owner or occupier
   135.    Interference by owner or occupier
   136.    General penalty for offences
   137.    Offences punishable on summary conviction
   137A.   Incorporation of material by reference into regulations and compliance documents
   137B.   Effect of amendments to, or replacement of, material incorporated by reference
   137C.   Proof of material incorporated by reference
   137D.   Effect of expiry of material incorporated by reference
   137E.   Requirement to consult
   137F.   Access to material incorporated by reference
   137G.   Application of Legislation Act 2019 to material incorporated by reference
   137H.   Application of Regulations (Disallowance) Act 1989 to material incorporated by reference
   138.    Other Acts not affected
   139.    Consequential amendments
   140.    Repeals and savings
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8


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