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Health Act 1956

National Cervical Screening Programme - Miscellaneous

112ZF: Regulations

You could also call this:

"Rules to Keep People Safe and Healthy"

The law says regulations can be made for several reasons, including controlling who can see information about cancer research, and stopping certain information from being shared without permission. You can find more information about this in section 112J(4)(d) and section 112ZA. The regulations can also set standards for healthcare providers and say what happens if someone breaks those standards, as outlined in section 136.

The Governor-General must make sure people have been consulted before making these regulations, which means you should have a chance to have your say. This includes getting notice of the plan to make regulations and being able to make submissions.

There are some exceptions to this rule, such as when regulations are about incorporating standards by reference, which is explained in the Legislation Act 2019. Regulations are a type of secondary legislation, which has its own publication requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307955.

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112ZE: Screening programme employees may retain, access, use, and disclose information to perform functions, or

"People working for the screening programme can use and share private information to do their job."

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112ZG: Incorporation of standards by reference in regulations, or

"Using safety rules from other places in our laws"

Part 4ANational Cervical Screening Programme
Miscellaneous

112ZFRegulations

  1. Regulations may be made under this Part for any 1 or more of the following purposes:

  2. regulating access to information held by the NCSP by persons researching cancer:
    1. prohibiting the disclosure, under section 112J(4)(d), of information that relates to any class or classes of person specified in the regulations, including prohibiting the disclosure of that information without the approval of any person or group of persons or body or organisation specified in the regulations:
      1. imposing restrictions, in addition to those imposed by this Part, on the use, disclosure, and publication of information held by the NCSP:
        1. prohibiting the use, disclosure, and publication of information from the NCSP register, or derived from the operation of the NCSP, if the information relates to any class or classes of person specified in the regulations, including prohibiting the use, disclosure, and publication of that information without the approval of any person or group of persons or body or organisation specified in the regulations:
          1. providing for the establishment, appointment, procedures, and powers of any person or group of persons or body or organisation established to perform specific functions or to make specific decisions that relate to the NCSP or to the matters referred to in paragraphs (b) and (d):
            1. imposing restrictions on the publication by screening programme evaluators, under section 112ZA, of academic papers or articles that are wholly or partly based on evaluation material obtained for the purposes of an evaluation:
              1. prescribing standards that must be met by providers of screening, diagnostic, and treatment services relevant to the NCSP, and the means of implementing those standards:
                1. prescribing offences for a breach of—
                  1. a regulation made under any of paragraphs (a) to (f):
                    1. a standard prescribed under paragraph (g), or any part of that standard:
                    2. setting out defences to offences prescribed under paragraph (h):
                      1. setting the maximum penalty for each offence prescribed under paragraph (h), which must not exceed the maximum penalty specified in section 136.

                        1. Before making regulations under subsection (1), the Governor-General must be satisfied that appropriate consultation has been carried out, including (without limitation),—

                        2. adequate and appropriate notice of the intention to make the regulations; and
                          1. a reasonable opportunity for interested persons to make submissions; and
                            1. adequate and appropriate consideration of any submissions received.

                              1. Subsection (2) does not apply to regulations made under subsection (1)(g) that—

                              2. incorporate standards by reference; or
                                1. state that an amendment to, or replacement of, standards incorporated by reference has legal effect as part of the regulations.

                                  1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                  Notes
                                  • Section 112ZF: inserted, on , by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
                                  • Section 112ZF(1)(b): amended, on , by section 8 of the Health (National Cervical Screening Programme) Amendment Act 2021 (2021 No 26).
                                  • Section 112ZF(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).