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Health Act 1956

Management of infectious diseases - Orders - Public health orders

92ZB: Matters that District Court may take into account in assessing public health risk

You could also call this:

"What the Court thinks about when deciding if someone is a public health risk"

When the District Court is deciding if you pose a public health risk, they can think about a few things. They can consider the type of infectious disease you have or might have. They can also think about whether you have tried to reduce the risk of spreading the disease.

The Court can look at whether you have followed any directions given to you, such as those from a medical practitioner or a health protection officer. They can also consider whether you have taken steps to prevent or minimise the risk when asked to do so by a medical officer of health or someone acting under their direction. This helps the Court understand how much of a risk you might be to public health.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7086343.

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"The court can make you follow rules to keep others safe if you have a disease that can spread."

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Part 3AManagement of infectious diseases
Orders: Public health orders

92ZBMatters that District Court may take into account in assessing public health risk

  1. In assessing, for the purposes of an application for a public health order, whether an individual poses a public health risk, the District Court may, without limitation, take into account—

  2. the infectious disease that the individual has or may have:
    1. if the individual has had an opportunity to minimise the risk of communicating the infectious disease, whether he or she has done so, or the extent to which he or she has done so, and, in particular,—
      1. if directions have been given to the individual, whether the individual has complied with, or the extent to which the individual has complied with, those directions:
        1. if a medical practitioner, medical officer of health, person acting under the direction of a medical officer of health, or health protection officer has requested the individual to take steps to prevent or minimise the risk, whether the individual has responded to those requests or the extent to which the individual has responded to those requests.

        Notes
        • Section 92ZB: inserted, on , by section 11 of the Health (Protection) Amendment Act 2016 (2016 No 35).