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Health Act 1956

Management of infectious diseases - Orders - General provisions concerning orders

92ZO: Prior consultation with individual and individual’s family or whānau

You could also call this:

"Talking to you and your family before making a court order to keep everyone safe and healthy."

If a medical officer of health is thinking about asking the District Court for an order, they must talk to you first, when possible. They might also talk to your family or whānau if they want to. The medical officer of health wants to talk to you to see if you will follow the rules without needing an order, and if your family or whānau can help. They also want to know what you need and want, so they can make the order fair for you, while still keeping the public safe. The medical officer of health is trying to find a way to balance your needs with the need to protect 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=DLM7086360.

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92ZN: Application for order, or

"Asking a court to help with someone who might spread a disease"

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92ZP: Case conferences, or

"Talking about your health with a team of people, led by a medical officer of health"

Part 3AManagement of infectious diseases
Orders: General provisions concerning orders

92ZOPrior consultation with individual and individual’s family or whānau

  1. If a medical officer of health is considering applying to the District Court for an order under this Part, the medical officer of health must, whenever practicable, consult the individual and may, at the officer's discretion, consult the individual’s family or whānau.

  2. The purpose of consultation under subsection (1) is to enable the medical officer of health—

  3. to ascertain if the need for an order can be avoided by voluntary compliance by the individual and, if the individual agrees, by any assistance on the part of the family or whānau; and
    1. to ascertain, if an order is required, the extent to which the terms of the order and the way it is implemented can take into account the needs and wishes of the individual without prejudicing the protection of public health.

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