Health Act 1956

Management of infectious diseases - Orders - General provisions concerning orders

92ZR: District Court may cancel or vary orders

You could also call this:

"The District Court can change or cancel orders if you or a health officer ask them to."

The District Court can cancel or change an order if you or a medical officer of health asks them to. You can ask the court to cancel an order if it is no longer needed. The court can also change the terms of an order if that is what you or a medical officer of health wants and the court thinks it is a good idea.

If a medical officer of health asks the court to cancel an order, you do not have to follow the order until the court makes a decision. The medical officer of health must send a copy of the application to the Director-General.

The court can make a decision about your application without you having to go to court if everyone agrees to it, this is called dealing with it "on the papers".

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7086363.


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92ZQ: Medical officer of health must review orders, or

"Medical officers check if health orders are still needed and update or cancel them if necessary."


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"Keeping personal information secret to help manage infectious diseases"

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

92ZRDistrict Court may cancel or vary orders

  1. The District Court may, on the application of a medical officer of health or of the individual concerned, cancel an order made under this Part if the court is satisfied that the order is no longer required.

  2. The court may, on the application of a medical officer of health or of the individual concerned, vary the terms of an order by making a determination that the court is otherwise authorised to make under this Part and that the court considers desirable in the circumstances.

  3. If the medical officer of health applies to the court to cancel an order, the order is suspended, and the individual subject to the order ceases to be required to comply with the terms of the order until the court has determined the application to cancel the order.

  4. The medical officer of health must send to the Director-General a copy of every application under this section.

  5. The court may deal with an application under this section on the papers if the parties agree.

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