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Health Act 1956

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

92ZI: District Court may make public health order contingent on examinations establishing infectious disease

You could also call this:

"Court can make a health order if you might have a sickness that can spread to others"

If you are taken to the District Court because of a medical examination order, the court can also make a public health order under section 92Z. The court makes this order assuming you have the infectious disease you are being examined for. The order will take effect as stated in the court's decision.

The public health order can say it only takes effect if a medical officer of health signs a certificate. This certificate must state you had the examinations as ordered and that they show you have the infectious disease. The court's decision about the order is based on this certificate.

The court's Registrar must see and file the certificate before the order can be sealed. You will be affected by the public health order once it is sealed. The order is made according to the rules in section 92Z.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7086352.

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92ZH: Medical examination orders, or

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

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92ZJ: Order for contacts, or

"What happens if you've been near someone with a sickness: a court order to keep others safe"

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

92ZIDistrict Court may make public health order contingent on examinations establishing infectious disease

  1. When the District Court makes a medical examination order in respect of an individual, the court may also make a public health order under section 92Z.

  2. The public health order—

  3. must be made in accordance with section 92Z, with the court entitled to assume that the individual has the infectious disease for which he or she is to be examined; and
    1. takes effect in accordance with subsection (3).

      1. The public health order may provide that it takes effect only if a medical officer of health signs and dates a certificate that states that the individual has undergone the examinations in accordance with the medical examination order and that those examinations establish that the individual has the infectious disease for which he or she has been examined.

      2. The order may be sealed only if the Registrar of the court has seen and filed the certificate described in subsection (3).

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