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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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