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Acts
Health Act 1956
National Cervical Screening Programme
Miscellaneous
112ZH: Effect of amendments to, or replacement of, standards incorporated by reference in regulations

1Short Title and commencement 2Interpretation 2ATransitional, savings, and related provisions 3Power of Governor-General in Council to amend Schedules

Part 1:
Administration

Part 2:
Powers and duties of local authorities

23General powers and duties of local authorities in respect of public health 24Governor-General may exempt certain local authorities

Sanitary works

25Local authority to provide sanitary works 26Appeal against requisition or determination of Board of Health 27Local authority may raise loans for sanitary works 27AGrants and subsidies for refuse disposal works, sewerage works, and water supplies

Appointment of environmental health officers

28Appointment of environmental health officers by local authorities

Nuisances

29Nuisances defined for purposes of this Act 30Penalties for permitting or causing nuisances 31Provisions of this Act as to nuisances to be in addition to other rights 32Provisions of this Act as to nuisances to apply to Crown 33Proceedings in respect of nuisances 34Power to abate nuisance without notice 35Proceedings when nuisance caused by default outside district

Refuse and sanitary services

36Local authorities to make provision for removal of refuse, etc 37Further provisions as to removal of refuse, etc 38Right of local authority to use portion of reserve for depot

Buildings

39Requirements of dwellinghouses as to supply of water and sanitary conveniences 40Sanitary requirements for business premises 41Owners or occupiers may be required to cleanse premises 42Local authority may require repairs and issue closing order 43Appeal against closing order 44Issue of closing order by medical officer of health 45Determination of closing order 46Closing order for premises owned by local authority 47Failure to comply with closing order 48Local authority may require demolition 49District Court may make demolition order 50Issue of requisition by medical officer of health 51Enforcement of demolition order 52Offences in respect of requisition or demolition order 53Restriction on use of materials for building 53AMortgagee may do acts required of owner 53BProvisions where owner is a trustee 53CAdvances by local authority to owners

Offensive trades

54Restrictions on carrying on offensive trade 55Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade 56Local authority to notify medical officer of health of registered chemical works

Animals

57Local authority may restrict keeping of animals 58Restrictions on establishment of stock saleyards 59Appeal against decision refusing consent for stock saleyard or refusing registration of premises for stock saleyard

Pollution of watercourses, etc

60Pollution of water supply 61Control of watercourses, etc 62Supply of water from polluted source 63Powers of Director-General as to polluted water supply

Bylaws

64Bylaws 65General provisions as to bylaws 65AEffect of Building Act 2004 on bylaws 66Penalties for breach of bylaws 67Mode of making bylaws 68Copies of bylaws to be available

Duties and powers of harbour boards

69Duties and powers of harbour boards

Part 2A:
Drinking water

69APurpose

Application of this Part

69BThis Part generally to apply on commencement 69CApplication of sections 69S to 69ZC generally 69DApplication of sections 69S to 69ZC to bulk suppliers 69EApplication of sections 69S to 69ZC to water carriers 69FBulk suppliers, networked suppliers, and water carriers may elect earlier compliance

Interpretation

69GInterpretation 69HAll practicable steps 69IPart binds the Crown

Registration of drinking-water suppliers and certain self-suppliers

69JDrinking-water register 69KApplications for registration 69LRenewal of registration by water carriers 69MDuty to update details on register 69NRemoval from register

Drinking-water standards

69OMinister may issue, adopt, amend, or revoke drinking-water standards 69PMinister must consult before issuing, adopting, or amending drinking-water standards 69QDrinking-water standards must be notified and made available 69RCommencement of drinking-water standards

Duties of drinking-water suppliers and temporary drinking-water suppliers

69SDuty of suppliers in relation to provision of drinking water 69TDuties where risk to water is actual or foreseeable 69UDuty to take reasonable steps to contribute to protection of source of drinking water 69VDuty to comply with drinking-water standards 69WDuty to take reasonable steps to supply wholesome drinking water 69XDuties in relation to new water sources 69YDuty to monitor drinking water 69ZDuty to prepare and implement water safety plan 69ZAMedical officer of health may require preparation and implementation of water safety plan 69ZBDuration of plans 69ZCReview and renewal of plans 69ZDDuty to keep records and make them available 69ZEDuty to investigate complaints 69ZFDuty to take remedial action if drinking-water standards breached 69ZGDuty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health 69ZHDuty to provide information to territorial authority 69ZITemporary supplier to notify medical officer of health of source and quality of raw water 69ZJPowers of medical officer of health relating to temporary drinking-water suppliers

Drinking-water assessors and designated officers

69ZKDirector-General may appoint drinking-water assessors 69ZLFunctions of drinking-water assessors 69ZMDrinking-water assessors accountable to Director-General for performance of functions 69ZNFunctions of designated officers 69ZOPowers of designated officers 69ZPPowers of drinking-water assessors and designated officers 69ZQAncillary powers 69ZRRestrictions on exercise of powers 69ZSRequirement for warrant to enter dwellinghouse 69ZTStandard conditions applying where warrant executed 69ZUDrinking-water assessors and designated officers must produce identification 69ZVInventory of things seized to be provided 69ZWReview of decisions of drinking-water assessors 69ZXRegister of drinking-water assessors

Recognised laboratories

69ZYDirector-General may recognise laboratories 69ZZCompliance tests must be carried out by recognised laboratory

Emergency powers

69ZZAMinister may declare drinking-water emergency 69ZZBMaximum duration of drinking-water emergency declaration 69ZZCDrinking-water emergency may be declared or continued even if other emergency declared 69ZZDSpecial powers of designated officers during drinking-water emergency 69ZZECompensation for property requisitioned or destroyed 69ZZFActions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991 69ZZGEffect of exemption

Compliance orders

69ZZHMedical officer of health may issue compliance order 69ZZICompliance with compliance order 69ZZJForm and content of compliance order 69ZZKAppeals 69ZZLStay of compliance order pending appeal 69ZZMVariation and cancellation of compliance order 69ZZNAppeals against decision on change or cancellation of compliance order

Contamination of water supplies and sources

69ZZOContamination of raw water or pollution of water supply 69ZZPLocal authority may be required to warn users of self-supplied building water supplies about contamination

Offences

69ZZQOffence to supply or transport water if not registered 69ZZROffences against sections in this Part 69ZZSStrict liability and defence to offences 69ZZTOffences involving deception 69ZZUTime for filing charging document 69ZZVPenalties 69ZZWAdditional penalty for certain offences for commercial gain 69ZZXLiability of principal for acts of agents

Miscellaneous

69ZZYRegulations 69ZZZProtecting water supplies from risk of back-flow 69ZZZAKeeping, inspection, and copying of registers 69ZZZBDirector-General must publish annual report 69ZZZCStatements by Director-General 69ZZZDProtection of persons performing or exercising functions, duties, or powers under this Part 69ZZZERelationship between this Part and other enactments

Part 3:
Infectious and notifiable diseases

Venereal disease

88Persons suffering from venereal disease to undergo treatment 89Duty of medical practitioner as to patient suffering from venereal disease 90Treatment of children 91Persons other than medical practitioners treating venereal disease 92Infecting any person with venereal disease

Part 3A:
Management of infectious diseases

Overarching principles

92APrinciples to be taken into account 92BParamount consideration 92CRespect for individuals 92DVoluntary compliance 92EIndividual to be informed 92FPrinciple of proportionality 92GLeast restrictive alternative 92HMeasures to apply no longer than necessary

Directions

92IMedical officer of health may give directions to individual posing public health risk 92JMedical officer of health may give directions to contacts of individuals posing public health risk 92KDirection for medical examination 92LDirection to close educational institutions 92MDirector-General may require copies of directions given under this Part

General provisions concerning directions and notices

92NWritten directions and notices to be served on individual 92ODuration of directions 92PMedical officer of health must review directions 92QDirections may be extended 92RRepeated directions may be given 92SDirections may be varied or rescinded 92TAppeal against directions 92UConfidentiality

Compliance with directions

92VOffence for failing to comply with directions 92WOffence to obstruct compliance with directions 92XDuty of care relating to individuals under 16 years and persons lacking in legal capacity 92YForce not permissible

Orders

Public health orders

92ZDistrict Court may make public health order 92ZAPublic health order may impose certain requirements on individual 92ZBMatters that District Court may take into account in assessing public health risk 92ZCDuration of public health order 92ZDPublic health order may be extended 92ZERelationship between directions and public health orders

Urgent public health orders

92ZFMedical officer of health may make urgent public health order 92ZGDuration of urgent public health order

Medical examination orders and orders concerning contacts

92ZHMedical examination orders 92ZIDistrict Court may make public health order contingent on examinations establishing infectious disease 92ZJOrder for contacts

Proceedings

92ZKProceedings under this Part in District Court to be heard by Family Court Judges, if practicable 92ZLProceedings under this Part not open to public 92ZMDistrict Court may appoint lawyers to act for individuals under 16 years

General provisions concerning orders

92ZNApplication for order 92ZOPrior consultation with individual and individual’s family or whānau 92ZPCase conferences 92ZQMedical officer of health must review orders 92ZRDistrict Court may cancel or vary orders 92ZSConfidentiality

Appeals and enforcement

92ZTAppeals to High Court 92ZUAppeals to Court of Appeal 92ZVEnforcement of order by medical officer of health 92ZWOffence not to comply with order 92ZXOffence to obstruct compliance with order

Contact tracing

92ZYPurpose of contact tracing 92ZZWhat contact tracing involves 92ZZAWho may be contact tracer 92ZZBAppropriateness of contact tracing 92ZZCDuty of individual with infectious disease to provide information about contacts 92ZZDConsideration as to whether contact tracing can be undertaken by individual 92ZZEWhen contact tracer may undertake contact tracing 92ZZFContact tracer may require certain persons to provide information 92ZZGDuty of confidentiality 92ZZHOffence to fail to comply with direction to provide required information about contacts

Part 4:
Quarantine

93Port health officers 94Places of inspection for ships 95Infected places 96Ships and aircraft liable to quarantine 97People liable to quarantine 97APeople liable to quarantine to comply with directions and supply information 97BDetention of craft and people 97CLifting of detention of craft 97DPowers and duties of medical officer of health or health protection officer in relation to quarantinable diseases 97ESurveillance of certain people liable to quarantine 97FChildren and people under disability 97GOffences against this Part 98Continuance of liability to quarantine 99Restrictions applying while ship liable to quarantine 100Quarantine signal for ships 101Inspection of ship or aircraft liable to quarantine 102Ship's declaration of health 103Aircraft declaration 104Offences under last 2 preceding sections 105Ship arriving from infected place 106Ship with quarantinable disease on board 107Grant of pratique 108Persons suffering from quarantinable disease 109Infected baggage, cargo, or stores 110Disinfection and fumigation of craft 111Power to board any ship and inspect 112Offences 112AASections 70 and 71 and this Part operate independently

Part 4A:
National Cervical Screening Programme

112APurpose 112BInterpretation

Operation of NCSP

112CAppointment of persons to operate NCSP 112DObjectives of NCSP 112EEnrolment in NCSP 112FDuties of NCSP manager that relate to enrolled women 112GProcedure to prevent or cancel enrolment in NCSP 112HDuties of NCSP manager when women cancel enrolment in NCSP 112IProcedure to re-enrol in NCSP 112JRestriction on access to, and use, retention, and disclosure of, NCSP information 112JAFurther provisions relating to NCSP information 112KDelegation of functions and powers

Duties to provide information to women and to NCSP

112LDuties of persons taking specimens for screening tests 112MDuty of persons performing colposcopic procedure 112NDuty of laboratories where specimens are analysed

Review of NCSP and duty of Director-General to report

112OEstablishment of NCSP review committee 112PWork of review committee 112QReview committee's access to information 112RReport by review committee 112SDuty of Director-General to report

Screening programme evaluators

112TMeaning of evaluate 112UDirector-General may designate screening programme evaluators 112VCriteria for designating employees of Ministry 112WCriteria for designating persons who are not Ministry employees 112XPower of screening programme evaluators to access specimens and health information 112YDuties of screening programme evaluators 112ZDuties of persons to whom evaluation material is supplied by screening programme evaluator 112ZAScreening programme evaluator may publish non-identifiable information obtained during evaluation

Duties to provide information to screening programme evaluators

112ZBDuty of health practitioners 112ZCDuty of persons who hold specimens 112ZDDuty of hospitals

Miscellaneous

112ZEScreening programme employees may retain, access, use, and disclose information to perform functions 112ZFRegulations 112ZGIncorporation of standards by reference in regulations 112ZHEffect of amendments to, or replacement of, standards incorporated by reference in regulations 112ZIProof of standards incorporated by reference 112ZJEffect of expiry or revocation of standards incorporated by reference 112ZKRequirement to consult 112ZLAccess to standards incorporated by reference 112ZMApplication of Legislation Act 2019 to standards incorporated by reference 112ZNApplication of Regulations (Disallowance) Act 1989 to standards incorporated by reference 112ZOApplication of Standards and Accreditation Act 2015 not affected 112ZPOffences

Part 5:
Artificial UV tanning services

Preliminary provision

113Interpretation

Ban on provision of services to persons under 18 years

114Ban on providing artificial UV tanning services to persons under 18 years

Infringement offences

115Infringement offences 116Commission of infringement offences 116AInfringement notices 116BPayment of infringement fees

Part 5A:
Fluoridation of drinking water

116CPurpose 116DInterpretation

Direction relating to fluoridation of drinking water supply

116EDirector-General may direct local authority to add or not to add fluoride to drinking water 116FContents of direction 116GEngagement with local authority 116HLocal authority not required to consult 116ILocal authority must comply with direction

Offences

116JOffence to contravene or permit contravention of section 116I 116KStrict liability and defence to offence 116LTime for filing charging document 116MAdditional penalty for certain offences for commercial gain 116NLiability of principal for acts of agents

Part 6:
Regulations

Part 7:
Miscellaneous provisions

123Powers of Director-General on default by local authority 123AMandamus 124Constitution and powers of boards of appeal 125Medical examination of children 126Infirm and neglected persons 126APersons attempting to commit suicide 126BBlood transfusions 127Attendance of medical officer of health at meetings of local authorities 128Power of entry and inspection 128ABuilding Act 2004 129Protection of persons acting under authority of Act 130Expenses of local authorities 131Service of documents 132Procedure in respect of charges on land 132ABursaries 133Obstruction of officers 134Failure to disclose name of owner or occupier 135Interference by owner or occupier 136General penalty for offences 137Offences punishable on summary conviction 137AIncorporation of material by reference into regulations and compliance documents 137BEffect of amendments to, or replacement of, material incorporated by reference 137CProof of material incorporated by reference 137DEffect of expiry of material incorporated by reference 137ERequirement to consult 137FAccess to material incorporated by reference 137GApplication of Legislation Act 2019 to material incorporated by reference 137HApplication of Regulations (Disallowance) Act 1989 to material incorporated by reference 138Other Acts not affected 139Consequential amendments 140Repeals and savings

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Infectious diseases

Schedule 2:
Diseases notifiable to medical officer of health (other than notifiable infectious diseases)

Schedule 5:
Noxious or offensive gases

Schedule 6:
Enactments amended

Schedule 7:
Enactments repealed

Schedule 8:
Regulations and notices revoked

Health Act 1956

National Cervical Screening Programme - Miscellaneous

112ZH: Effect of amendments to, or replacement of, standards incorporated by reference in regulations

You could also call this:

"Changes to rules only count if new rules say they do"

If you change or replace a standard that is part of a regulation, it only becomes part of the regulation if new regulations say so. These new regulations must be made after the original regulation was created, under section 112ZF(1)(g). You need to check these new regulations to see if the change or replacement has legal effect.

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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=DLM307959.

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

"Using safety rules from other places in our laws"

112ZI: Proof of standards incorporated by reference, or

"Proving standards are part of the rules requires a certified copy"

Part 4ANational Cervical Screening Programme
Miscellaneous

112ZHEffect of amendments to, or replacement of, standards incorporated by reference in regulations

An amendment to, or replacement of, standards incorporated by reference in regulations (regulations A) has legal effect as part of regulations A only if regulations made under section 112ZF(1)(g) after the making of regulations A state that the particular amendment or replacement has that effect.

Notes

Section 112ZH: inserted, on 7 March 2005, by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).