Health Act 1956

Management of infectious diseases - Directions - Compliance with directions

92X: Duty of care relating to individuals under 16 years and persons lacking in legal capacity

You could also call this:

"Caring for kids and vulnerable people with infectious diseases"

If you are a parent, guardian, or in charge of someone under 16 years old, this law applies to you. It also applies to you if you are in charge of someone who cannot make their own decisions. You must take care of them if they have an infectious disease. You need to make sure they see a doctor and get treatment, and you must try to stop them from spreading the disease to others.

If the person you are caring for has an infectious disease, you must help them get medical care. You must also try to prevent them from giving the disease to someone else. This law does not change any other laws that might apply to the person you are caring for, such as the Protection of Personal and Property Rights Act 1988. These laws still apply to the person you are caring for.

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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=DLM7086337.

92W: Offence to obstruct compliance with directions, or

"Don't stop someone from following a health officer's instructions or you could be fined."

92Y: Force not permissible, or

"No one can force you to do something you don't want to do."

Part 3AManagement of infectious diseases
Directions: Compliance with directions

92XDuty of care relating to individuals under 16 years and persons lacking in legal capacity

This section applies to—
a parent, guardian, or person in charge of an individual aged under 16 years; and
a person in charge of an individual who is lacking in legal capacity.

If the individual aged under 16 years or lacking in legal capacity is suffering from any infectious disease, the person to whom this section applies must take reasonable steps and care to—
ensure that the individual is professionally attended by a medical practitioner, and facilitate diagnosis and treatment; and
prevent or minimise the risk of transmission of the disease by the individual.

Nothing in this section limits or affects the operation of any provisions of the Protection of Personal and Property Rights Act 1988 or any other Act that are applicable to a person or individual referred to in subsection (1).

Notes

Section 92X: inserted, on 4 January 2017, by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).