Health Act 1956

Management of infectious diseases - Orders - Public health orders

92ZE: Relationship between directions and public health orders

You could also call this:

"What happens when you get a direction and a public health order from the court"

When you are given a direction by a medical officer of health, it is like an instruction to follow. If the District Court makes a public health order about you, it can be the same as or different from the direction you were given. The public health order replaces any direction you were given, so you do not have to follow the direction anymore. This means you now have to follow the public health order.

If a medical officer of health told you to have a medical examination under section 92K or if you have a medical examination order under section 92ZH, the public health order does not cancel these. You still have to follow these orders. A medical officer of health cannot give you a new direction while a public health order is in place.

You do not need to be given a direction before a public health order can be made about you. This means a public health order can be made without you being given a direction first. The District Court can make a public health order at any time.

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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=DLM7086346.

92ZD: Public health order may be extended, or

"A public health order can be extended to keep people safe for a longer time."

92ZF: Medical officer of health may make urgent public health order, or

"A doctor can make a special order to keep you safe and stop you spreading a sickness to others."

Part 3AManagement of infectious diseases
Orders: Public health orders

92ZERelationship between directions and public health orders

The District Court may make a public health order that corresponds to, or differs from, any direction previously given.
Any direction previously given to an individual ceases to have effect when a public health order is made in respect of that individual.
However, the making of a public health order in respect of an individual does not of itself cancel a direction for a medical examination under section 92K or a medical examination order under section 92ZH in respect of the individual.
A medical officer of health may not give a direction under this Part to an individual while a public health order made in respect of that individual is in force.
However, nothing in this section or in any other provision of this Part requires a prior direction before a public health order may be made.

Notes

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