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Epidemic Preparedness Act 2006

Immediate modification of statutory requirements and restrictions

15: Immediate modification of statutory requirements and restrictions to enable compliance during epidemic

You could also call this:

"Changing rules to help you follow them during an epidemic"

Illustration for Epidemic Preparedness Act 2006

When there is an epidemic, the Governor-General can change some rules to help you comply with them. The Minister must get a written recommendation from a chief executive before making these changes. The changes can only be made if it is impossible or impractical to follow the original rules due to the epidemic. You cannot be released from custody or detention because of these changes. The changes also cannot affect some important laws, such as the Bill of Rights 1688, the Constitution Act 1986, the Electoral Act 1993, the Judicial Review Procedure Act 2016, the New Zealand Bill of Rights Act 1990, or Part 2 of the Parliament Act 2025. These changes can be absolute or have conditions, and can be made by stating alternative ways to comply with the rules. An order to make these changes is secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM404495.

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14: Immediate modification of statutory requirements and restrictions to facilitate management of quarantinable disease, or

"Changing rules to help manage a serious disease during an epidemic"

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16: Immediate modification orders to be presented to House of Representatives promptly, or

"Telling Parliament about urgent changes"

15Immediate modification of statutory requirements and restrictions to enable compliance during epidemic

  1. While an epidemic notice is in force, the Governor-General may, by Order in Council made on the recommendation of the Minister of the Crown responsible for the administration of an enactment, modify any requirement or restriction imposed by the enactment.

  2. The Minister must not recommend the making of an order unless he or she—

  3. has received from the chief executive of the department of State responsible for the administration of the enactment concerned a written recommendation stating that, in the chief executive’s opinion,—
    1. the effects of an epidemic of the quarantinable disease stated in the notice are, or are likely to be, such that the requirement or restriction is impossible or impracticable to comply (or comply fully) with; and
      1. the modifications it makes go no further than is, or is likely to be, reasonably necessary in the circumstances; and
      2. is himself or herself satisfied that—
        1. the effects are, or are likely to be, such that the requirement or restriction is impossible or impracticable to comply (or comply fully) with; and
          1. the modifications go no further than is, or is likely to be, reasonably necessary in the circumstances.

          2. Subsection (1) does not authorise—

          3. a modification of a requirement—
            1. to release a person from custody or detention; or
              1. to have any person’s detention reviewed by a court, Judge, or Registrar; or
              2. a modification of a restriction on keeping a person in custody or detention; or
                1. a modification of a requirement or restriction imposed by the Bill of Rights 1688, the Constitution Act 1986, the Electoral Act 1993, the Judicial Review Procedure Act 2016, the New Zealand Bill of Rights Act 1990, or Part 2 of the Parliament Act 2025, or by this Act.

                  1. Subsection (3) does not prevent the modification of a procedural requirement or restriction relating to a person in custody or detention, even if the effect (direct or indirect) of the modification is that the person stays in custody or detention longer than he or she otherwise would have.

                  2. A modification of a requirement or restriction—

                  3. may be absolute or subject to conditions; and
                    1. may be made—
                      1. by stating alternative means of complying with the requirement or restriction; or
                        1. by substituting a discretionary power for the requirement or restriction.

                        2. Subsection (5) does not limit subsection (1).

                        3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Notes
                        • Section 15(3)(c): amended, on , by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).
                        • Section 15(3)(c): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
                        • Section 15(3)(c): amended, on , by section 35(3) of the Parliamentary Privilege Act 2014 (2014 No 58).
                        • Section 15(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).