Health Act 1956

Management of infectious diseases - Overarching principles

92D: Voluntary compliance

You could also call this:

"Trying to fix health risks on your own before others step in"

If you pose a public health risk, you will be given the chance to follow certain measures to prevent or minimise that risk before other actions are taken. You must be allowed to try to reduce the risk on your own before stricter measures are applied to you. This is so you can take care of your own health and the health of those around you.

When someone is deciding what to do about your public health risk, they must think about whether you have had the chance to reduce the risk and whether you have tried to do so. This includes considering whether you have followed any directions or requests from a medical practitioner, medical officer of health, or health protection officer. They will look at how well you have responded to these directions or requests.

You and your community are encouraged to take responsibility for your own health and to participate in decisions about how to protect and promote your health and the health of those around you.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307418.


Previous

92C: Respect for individuals, or

"People in charge must treat you with respect and kindness when dealing with infectious diseases."


Next

92E: Individual to be informed, or

"People helping you with infectious diseases must explain what's happening to you in a way you understand."

Part 3AManagement of infectious diseases
Overarching principles

92DVoluntary compliance

  1. If an individual poses a public health risk, and that risk can be prevented or minimised by the individual’s voluntary compliance with certain measures, the individual must be given the opportunity to voluntarily comply with those measures before measures under this Part are applied to the individual.

  2. A person or court exercising or performing any functions, duties, or powers under this Part must take into account whether the individual has had an opportunity to minimise the risk of transmitting the infectious disease, and whether he or she has done so, or the extent to which he or she has done so, particularly in response to—

  3. any directions given to the individual:
    1. any request or instruction from a medical practitioner, medical officer of health, or health protection officer.
      1. Individuals and communities should be encouraged to take responsibility for their own health and, to that end, to participate in decisions about how to protect and promote their own health and the health of their communities.

      Notes
      • Section 92D: replaced, on , by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).