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Health Act 1956

Regulations

122: Special provisions as to regulations

You could also call this:

"Special rules for health regulations in New Zealand"

When rules are made under the Health Act 1956, they can apply to all of New Zealand or just to a specific area. The Minister can decide to apply these rules to a certain area by giving notice. The Minister can also change or cancel this notice at any time. You can find more information about notices in Part 3 of the Legislation Act 2019. If the boundaries of an area change, the rules will still apply to the new area unless the rules say otherwise. The Minister must talk to the Environmental Protection Authority before making rules about hazardous substances, as defined in section 2 of the Hazardous Substances and New Organisms Act 1996. The rules made under the Health Act 1956 are more important than any bylaws made by local authorities if they say different things. The Environmental Protection Authority was established by section 7 of the Environmental Protection Authority Act 2011. Sometimes, rules made under the Health Act 1956 might not start working straight away, they might be suspended until the Minister says they can start.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308445.

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Part 6Regulations

122Special provisions as to regulations

  1. Any regulations made under this Act may apply generally, or may apply, or be applied from time to time by the Minister by notice, within any specified district or subdivision of a district of any local authority, or within any specified part of New Zealand; and any such notice may be revoked or varied at any time in like manner.

  2. If at any time while any such regulations apply within any specified district or subdivision of a district of any local authority the boundaries of the district or subdivision are altered, the regulations, unless the context thereof or of any such notice as aforesaid otherwise requires, shall thereafter apply within the district or subdivision as so altered.

  3. The operation of any regulations made under this Act may, if so provided in the regulations, be wholly suspended until they are applied by the Minister by notice pursuant to subsection (1).

  4. So far as the bylaws of any local authority in force in any locality are inconsistent with or repugnant to any regulations under this Act in force in that locality, the bylaws shall be deemed to be subject to the regulations.

  5. Repealed

  6. The Minister, before recommending the making of any regulations under section 117 or section 119 relating to hazardous substances (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996), must consult the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011 about the contents of any such regulations, and shall take into account any submissions made by the Authority.

  7. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 122(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 122(5): repealed, on , by section 11 of the Regulations (Disallowance) Act 1989 (1989 No 143).
  • Section 122(6): inserted, on , by section 149 of the Hazardous Substances and New Organisms Act 1996 (1996 No 30).
  • Section 122(6): amended, on , by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).
  • Section 122(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).