The Minister can ask the High Court for a writ of mandamus to make a local authority do something it is supposed to do under this Act, but has not done. You need to know that a local authority is a group of people who make decisions for a local area. The Minister can do this if the local authority has failed to perform a duty.

The High Court is a place where important legal decisions are made, and a writ of mandamus is a legal order that says someone must do something. The Minister can use this to make sure local authorities follow the rules in the Act. This helps keep everyone safe and healthy.

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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=DLM308455.

123: Powers of Director-General on default by local authority, or

"What happens when a local council doesn't do its job under the Health Act"

124: Constitution and powers of boards of appeal, or

"What boards of appeal can and can't do, as part of the Health Act 1956, is no longer a law."

Part 7Miscellaneous provisions

123AMandamus

The Minister may apply to the High Court for a writ of mandamus to compel a local authority to perform any duty that the local authority has failed to perform under this Act.

Notes

Section 123A: inserted, on 3 November 1964, by section 11 of the Health Amendment Act 1964 (1964 No 34).
Section 123A: amended, on 1 October 1988, by section 4(3) of the Health Amendment Act 1988 (1988 No 99).
Section 123A: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).