Health Act 1956

Management of infectious diseases - Appeals and enforcement

92ZT: Appeals to High Court

You could also call this:

"Challenging a decision about infectious diseases in the High Court"

If you are a medical officer of health or someone who has been given an order about an infectious disease, you can appeal to the High Court. You can appeal against a decision made by the District Court, but not against an urgent public health order made under section 92ZF. The medical officer of health can appeal if their application was dismissed or if the District Court did not make the order they wanted.

You can appeal against the order, or parts of it, or if the order was changed or extended. The High Court will follow its own rules, and some rules from the District Courts Act 1947, when hearing your appeal. This includes rules from sections 74 to 78 of the District Courts Act 1947, and it will be like an appeal under section 72 of that Act.

If you appeal, you might not have to pay security for costs, but you need to ask the District Court for this. The High Court's decision is final, except in some cases under section 92ZU. The medical officer of health must send a copy of the appeal notice to the Director-General. Your appeal should be heard as soon as possible.

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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=DLM7086366.

92ZS: Confidentiality, or

"Keeping personal information secret to help manage infectious diseases"

92ZU: Appeals to Court of Appeal, or

"Asking the Court of Appeal to review a decision about infectious diseases"

Part 3AManagement of infectious diseases
Appeals and enforcement

92ZTAppeals to High Court

A medical officer of health and an individual in respect of whom an order has been made under this Part (other than an urgent public health order made under section 92ZF) may each appeal to the High Court against the decision of the District Court.
The medical officer of health may appeal against the dismissal of an application under this Part or against the District Court’s refusal to make an order, or impose a requirement, sought in the application.
The individual may appeal against—
the order, or any part of the order:
a variation of the order:
an extension of the order.

Subject to subsection (5), the High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
On the without notice application of the appellant, the District Court may order that the appellant is not required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
Subject to section 92ZU, the decision of the High Court on an appeal to that court under this section is final.
The medical officer of health must send to the Director-General a copy of every notice of appeal under this section.
Appeals under this section should be heard as soon as practicable.

Notes

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