Health Act 1956

Powers and duties of local authorities - Buildings

44: Issue of closing order by medical officer of health

You could also call this:

"A doctor in charge of health can close a place if it's not safe, like a council would."

If a local authority does not issue a repair notice or a closing order when they should, the medical officer of health can step in. They can do this if the Director-General says they can, and they can issue a repair notice or a closing order. This notice or order has the same effect as one issued by the local authority, and you can appeal it in the same way.

If the medical officer of health issues a closing order, it will be served in the same way as one from the local authority. The rules in the Health Act that apply to repair notices and closing orders issued by local authorities will also apply to ones issued by the medical officer of health.

When the medical officer of health issues a notice or order under section 42, and there is an appeal, they can recover any costs from the local authority. These costs can be taken from any money the government owes the local authority, or the local authority can pay them directly to the government.

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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=DLM306984.

43: Appeal against closing order, or

"Challenging a decision to close a building: how to appeal"

45: Determination of closing order, or

"How to cancel a closing order on a building"

Part 2Powers and duties of local authorities
Buildings

44Issue of closing order by medical officer of health

Where a local authority fails to issue a repair notice or a closing order when required or directed to do so under section 42, the medical officer of health, when authorised to do so by the Director-General, may issue a repair notice or, as the case may require, a closing order, which shall be served in the same manner and shall have the same effect, and, in the case of a closing order, shall be subject to appeal in the same manner, as if it were a repair notice or a closing order issued by the local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.
All costs incurred by or against the medical officer of health on any appeal under this section shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable by the Crown to the local authority.

Notes

Section 44(2): replaced, on 1 July 1993, by section 15 of the Health Amendment Act 1993 (1993 No 24).