Health Act 1956

Administration - Personal information

22C: Disclosure of health information

You could also call this:

"Who can see and share your health information"

You can share your health information with certain people. This can happen if the information is needed for a specific purpose, like exercising a power or performing a function under an Act, such as the Corrections Act 2004 or the Oranga Tamariki Act 1989. You can find more about the people who can get your health information in the Corrections Act 2004 or the Oranga Tamariki Act 1989.

You can also share your health information if it is allowed by a code of practice issued under section 32 of the Privacy Act 2020 or by the information privacy principles set out in section 22 of that Act. If you are 16 or older, you can authorise the disclosure of your health information yourself, or a representative can do it for you, as stated in information privacy principle 11(1)(c) set out in section 22 of the Privacy Act 2020.

Information shared under Part 3A of the Health Act can only be used or shared as allowed by the Act or another Act, and not for any other purpose, as stated in Part 3A.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306636.

22B: Interpretation, or

"What special words mean in the Health Act 1956"

22D: Duty to provide health information, or

"The government can ask for health information to help with research and planning, while keeping your identity private."

Part 1Administration
Personal information

22CDisclosure of health information

Any person (being an agency that provides services or arranges the provision of services) may disclose health information—
if that information—
1. is required by any person specified in subsection (2); and
2. 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
if that disclosure is permitted—
1. by or under a code of practice issued under section 32 of the Privacy Act 2020; or
2. if no such code of practice applies in relation to the information, by any of the information privacy principles set out in section 22 of that Act.

The persons and purposes referred to in subsection (1)(a) are as follows:
any 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:
any 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:
a Social Worker or a Care and Protection Co-ordinator within the meaning of the Oranga Tamariki Act 1989, for the purposes of exercising or performing any of that person's powers, duties, or functions under that Act:
any employee of the department for the time being responsible for the administration of the Social Security Act 2018, for the purposes of administering sections 206 and 207 (factors affecting benefit: hospitalisation) of that Act:
any member of the New Zealand Defence Force, for the purposes of administering the Armed Forces Discipline Act 1971 or the Defence Act 1990:
any constable, for the purposes of exercising or performing any of that person's powers, duties, or functions:
any employee of the Ministry of Health, for the purposes of—
1. administering this Act; or
2. compiling statistics for health purposes:
any employee of the Ministry of Agriculture and Forestry authorised by the chief executive of that Ministry to receive the information, for the purposes of administering the Meat Act 1981 or the Animal Products Act 1999:
any employee of the New Zealand Transport Agency, for statistical or research purposes in relation to road safety or the environment:
an employee of Health New Zealand, for the purposes of exercising or performing any of that entity’s powers, duties, or functions under the Pae Ora (Healthy Futures) Act 2022:
an employee of the New Zealand Blood and Organ Service, for the purposes of exercising or performing any of that entity’s powers, duties, or functions under the Pae Ora (Healthy Futures) Act 2022:
the Inspector-General of Defence, for the purposes of exercising or performing any of that person’s powers, duties, or functions under the Inspector-General of Defence Act 2023.

For the purposes of information privacy principle 11(1)(c) set out in section 22 of the Privacy Act 2020, the disclosure of health information about an individual may be authorised—
by that individual personally, if he or she has attained the age of 16 years; or
by a representative of that individual.

Information provided or obtained under Part 3A may not be used or disclosed by anyone except as authorised or required under a provision of this Act or another Act.

Notes

Section 22C: replaced, on 1 July 1993, by section 2 of the Health Amendment Act (No 2) 1993 (1993 No 32).
Section 22C(1): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 22C(1)(b)(i): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
Section 22C(1)(b)(ii): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
Section 22C(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 22C(2)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 22C(2)(b): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 22C(2)(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 22C(2)(d): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 22C(2)(d): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 22C(2)(f): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 22C(2)(g)(i): amended, on 13 December 2021, by section 8 of the Health (Fluoridation of Drinking Water) Amendment Act 2021 (2021 No 44).
Section 22C(2)(h): replaced, on 1 November 1999, by section 8(1) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
Section 22C(2)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 22C(2)(j): replaced, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
Section 22C(2)(k): repealed, on 30 June 2024, by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).
Section 22C(2)(l): inserted, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
Section 22C(2)(m): inserted, on 26 January 2025, by section 56 of the Inspector-General of Defence Act 2023 (2023 No 42).
Section 22C(3): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
Section 22C(4): inserted, on 4 January 2017, by section 6 of the Health (Protection) Amendment Act 2016 (2016 No 35).