Health Act 1956

Powers and duties of local authorities - Buildings

45: Determination of closing order

You could also call this:

"How to cancel a closing order on a building"

When a closing order is made for a building, you want to know how it can be cancelled. If the repairs or work needed are done to the satisfaction of the Engineer or medical officer of health, the local authority or medical officer of health will cancel the closing order. The closing order will then no longer be in force.

If the local authority or medical officer of health refuses to cancel the closing order, you can appeal to the District Court. You do this by applying to the District Court for an order to cancel the closing order. The court will deal with your application in the same way as an appeal against the original closing order.

The court will make a decision, and its decision is final. The court can make any order it thinks is right when it hears your application. You can find more information about the District Court by looking at the District Court Act 2016.

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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=DLM306987.

44: Issue of closing order by medical officer of health, or

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

46: Closing order for premises owned by local authority, or

"When a local council's building is unsafe, it can be closed down by the government."

Part 2Powers and duties of local authorities
Buildings

45Determination of closing order

As soon as the repairs, alterations, or works specified in a closing order have been carried out to the satisfaction of the Engineer or other authorised officer of the local authority or, as the case may require, the medical officer of health, the local authority or medical officer of health shall cancel the closing order, which shall then cease to have any force or effect.
Every person aggrieved by any refusal or failure of the local authority or medical officer of health to cancel a closing order under this section may appeal against that refusal or failure by applying to the District Court for an order cancelling the closing order.
Every such application to the court shall be made and dealt with in the same manner as if it were an appeal against the issue of a closing order.
On the hearing of any such application the court, whose decision shall be final, may make such order as it thinks fit.

Notes

Section 45(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).