Health Act 1956

Powers and duties of local authorities

23: General powers and duties of local authorities in respect of public health

You could also call this:

"Local councils' job is to keep their community healthy and safe"

As a local authority, you have a duty to improve, promote, and protect public health in your district. You are empowered to appoint environmental health officers and other staff to help you do this job. You must also inspect your district regularly to check for things that could be bad for people's health.

You need to take action if you find any problems, such as nuisances or conditions that could be harmful to health. You will work under the direction of the Director-General to enforce rules and regulations that are in place to protect public health. You can also make bylaws to protect public health.

You must report to the medical officer of health about diseases and sanitary conditions in your district, providing the information they need. You can find more information about the laws that guide your work in the Health Act 1956 and other related laws, such as the Health and Disability Services Amendment Act 1995 and the Water Services Act 2021.

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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=DLM306680.

22J: Expiry of section 22I, or

"When section 22I stops being a law"

24: Governor-General may exempt certain local authorities, or

"The Governor-General can let some local councils ignore certain rules."

Part 2Powers and duties of local authorities

23General powers and duties of local authorities in respect of public health

Subject to the provisions of this Act, it shall be the duty of every local authority to improve, promote, and protect public health within its district, and for that purpose every local authority is hereby empowered and directed—
to appoint all such environmental health officers and other officers and servants as in its opinion are necessary for the proper discharge of its duties under this Act:
to cause inspection of its district to be regularly made for the purpose of ascertaining if any nuisances, or any conditions likely to be injurious to health or offensive, exist in the district:
if satisfied that any nuisance, or any condition likely to be injurious to health or offensive, exists in the district, to cause all proper steps to be taken to secure the abatement of the nuisance or the removal of the condition:
subject to the direction of the Director-General, to enforce within its district the provisions of all regulations under this Act for the time being in force in that district:
to 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:
to furnish from time to time to the medical officer of health such reports as to diseases and sanitary conditions within its district as the Director-General or the medical officer of health may require.

Notes

Section 23: amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).
Section 23(a): amended, on 26 July 1988, pursuant to section 2(4) of the Health Amendment Act 1988 (1988 No 99).
Section 23(d): amended, on 23 March 1987, by section 7(2) of the Health Amendment Act 1987 (1987 No 10).
Section 23(e): amended, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).
Section 23(f): replaced, on 22 January 1996, by section 3(3) of the Health and Disability Services Amendment Act 1995 (1995 No 84).
Section 23(f): amended, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).