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Health Act 1956

Management of infectious diseases - Overarching principles

92G: Least restrictive alternative

You could also call this:

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

When people in charge are deciding what to do with someone who has an infectious disease, they have to choose the option that restricts the person's freedom the least. You want to stop the disease from spreading, but you also want to make sure the person's rights are respected. The person or court in charge must pick the option that will minimise the risk to public health while still being fair to the individual.

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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=DLM307431.

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92F: Principle of proportionality, or

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

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92H: Measures to apply no longer than necessary, or

"Rules to stop spreading sickness only last as long as needed"

Part 3AManagement of infectious diseases
Overarching principles

92GLeast restrictive alternative

  1. In any case where this Part enables alternative measures to be applied to an individual, preference must be given to the least restrictive measure that, in the judgment of the person or court concerned, will achieve the objective of minimising the public health risk posed by the individual.

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