Medicines Act 1981

Application and administration of Act - Administration

16: Exercise of powers of Director-General and other officers

You could also call this:

"Who is in charge of making decisions about medicines and health in New Zealand?"

The Director-General and other officers have powers and functions under this Act. You need to know they exercise these powers under the Minister's direction and control. The Director-General and other officers must follow the Minister's instructions. The Medical Officers of Health and other Ministry of Health officers also have powers and functions. They exercise these powers under the Director-General's direction and control, as well as under the direction of other superior officers. This means they must follow the instructions of their bosses. When an officer needs to believe something is true to use their power, it is okay if they act on the direction of a superior officer who holds that belief. This allows officers to make decisions based on the beliefs of their superiors. You can find more information about changes to this section by looking at the Health Sector (Transfers) Act 1993.

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This page was last updated on 27 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM55029.

Topics:

Health and wellbeing > Public healthHealth and wellbeing > Healthcare servicesGovernment and voting > Government departments

15: Appointment of officers, or

"People can be chosen to help with the Medicines Act 1981 as special officers."

17: Manufacturers, wholesalers, packers of medicines, and operators of pharmacies to be licensed, or

"People making or selling medicines must have a licence"

Part 1Application and administration of Act
Administration

16Exercise of powers of Director-General and other officers

The Director-General, every Medical Officer of Health, and every other officer, shall exercise the powers and functions conferred on him by this Act subject to the direction and control of the Minister.
Subject to subsection (1), each Medical Officer of Health employed in the Ministry of Health, and every other officer of the Ministry of Health, shall exercise the powers and functions conferred on him by this Act subject to the direction and control of the Director-General of Health and of every other officer of the Ministry of Health to whom he is subordinate.
Repealed
Where, by virtue of any provision of this Act, a reasonable belief in any particular state of affairs is a prerequisite for the exercise of any power by an officer, it shall be sufficient if the officer exercises that power at the direction of any other officer who is superior to him and who, at the time of giving the direction, held such a belief in that state of affairs.

Compare

1979 No 27 s 10

Notes

Section 16(2): amended, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).
Section 16(2): amended, on 1 April 1984, by section 98 of the Area Health Boards 1983 (1983 No 134).
Section 16(1A): repealed, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).