Plain language law

New Zealand law explained for everyone

Health Act 1956

Management of infectious diseases - Overarching principles

92F: Principle of proportionality

You could also call this:

"Fair and reasonable actions are taken to keep you safe from infectious diseases."

When you are dealing with infectious diseases, measures are taken to keep you and others safe. These measures must be proportionate to the risk of the disease spreading. They must also be fair and not made without a good reason.

You have the right to have measures applied to you in a way that is not arbitrary. This means the people in charge must make decisions based on the level of risk. They must not make decisions without thinking them through.

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 It might be out of date or be missing some parts.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=DLM307426.

Previous

92E: Individual to be informed, or

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

Next

92G: Least restrictive alternative, or

"Choosing the option that least restricts a person's freedom when dealing with infectious diseases"

Part 3AManagement of infectious diseases
Overarching principles

92FPrinciple of proportionality

  1. Measures applied to an individual under this Part must—

  2. be proportionate to the public health risk sought to be prevented, minimised, or managed; and
    1. not be made or taken in an arbitrary manner.

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