Health Act 1956

Management of infectious diseases - Orders - Medical examination orders and orders concerning contacts

92ZH: Medical examination orders

You could also call this:

"When a court orders you to have a medical check to see if you have a sickness that can spread to others."

The District Court can make a medical examination order about you if a medical officer of health asks them to. This can happen if the court thinks you might have an infectious disease, because you have been in contact with someone who has the disease. The court must also think that you pose a public health risk, and that you have not had a medical examination to check for the disease even though a doctor or medical officer of health asked you to.

The medical examination order will tell you to have the medical examinations that the medical officer of health thinks are necessary to find out if you have the infectious disease. The order can also tell you to do other things to prevent or minimise the public health risk, as stated in section 92ZA(1)(b), (c), (d), (h), (i), and (j), until the examinations are completed.

If the court makes a medical examination order about you, any medical examination you have to undergo must be done in a way that is currently considered best practice, and must be the least invasive type of examination necessary to find out if you have the disease. The medical examination order will stop being in effect once the examination has been completed and it has been found out whether you have the infectious disease.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7086351.


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Part 3AManagement of infectious diseases
Orders: Medical examination orders and orders concerning contacts

92ZHMedical examination orders

  1. The District Court may, on the application of a medical officer of health, make a medical examination order in respect of an individual if the court is satisfied that—

  2. the individual may have an infectious disease (for example, because the individual is, or has been, in contact with a person who has the infectious disease); and
    1. the individual’s medical practitioner or a medical officer of health has asked the individual to undergo, within a specified period, a medical examination to establish whether the individual has the infectious disease; and
      1. the individual has not undergone that examination within that period; and
        1. the individual poses a public health risk.
          1. The medical examination order must direct the individual to undergo whatever medical examinations the medical officer of health considers necessary to establish whether the individual has the infectious disease.

          2. The medical examination order may also impose on the individual, until those examinations are completed, any 1 or more of the requirements stated in section 92ZA(1)(b), (c), (d), (h), (i), and (j) that the court thinks necessary to prevent or minimise the public health risk that the individual may pose.

          3. The court may impose any requirement referred to in subsection (3) subject to any conditions or restrictions that the court thinks appropriate.

          4. If the court makes a medical examination order under this section, any medical examination an individual is directed to undergo must be—

          5. in accordance with current best practice in diagnosing the presence of, or immunity to, the infectious disease; and
            1. the least invasive type of examination that is necessary to establish whether the individual has, or is immune to, the infectious disease.
              1. The medical examination order ceases to have effect when the medical examination has been completed and it has been established whether the individual has the infectious disease.

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