Medicines Act 1981

Dealings with medicines and medical devices - Miscellaneous provisions

48A: Powers of councils and boards

You could also call this:

"What powers do councils and boards have to check medicines and healthcare professionals?"

You have the right to know about the powers of councils and boards. They can look into how medicines are prescribed or dealt with by a member of their profession. They do this to decide if they should recommend something to the Minister. You should understand that councils and boards can ask people to come and give evidence. They can also ask people to take an oath and hear what they have to say. They have the power to do these things when looking into a matter. If a council or board tells you to do something under section 48, you must do it. If you do not, you can commit an offence against the Medicines Act. This is in addition to any other penalties you might face under the Act. Councils and boards can do their own investigations without needing help from other bodies. They can make their own decisions about what to do next.

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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=DLM55478.

Topics:

Health and wellbeing > Healthcare servicesGovernment and voting > Government departments

48: Powers of Minister to prohibit prescribing, etc, or

"The Minister can stop people from giving out certain medicines."

49: Restrictions on supply to particular persons, or

"Rules About Who Can't Get Certain Medicines"

Part 2Dealings with medicines and medical devices
Miscellaneous provisions

48APowers of councils and boards

Despite anything in any other Act, each council or board referred to in section 48 has jurisdiction to inquire into any prescribing of or dealing in medicines by a member of the profession with which it is concerned, and any other incidental matter, for the purpose of considering and determining whether or not to make a recommendation to the Minister under that section, when such prescribing or dealing has been brought or otherwise comes to its attention.
For the purposes of subsection (1), each such council or board has and may exercise any powers with respect to summoning witnesses, administering oaths, hearing evidence and other matters of procedure, and with respect to the payment and receiving of costs and expenses, conferred on it or any disciplinary committee or disciplinary tribunal, in relation to disciplinary proceedings, by the enactment under which the council or board is constituted.
Despite subsection (2), it is not necessary, unless the council or board so requires, for any other body to conduct an investigation or inquiry or to be represented at the inquiry conducted by the council or board.
Without prejudice to the liability of any person under any other provision of this Act, a person who contravenes any notice given under section 48(1) commits an offence against this Act.

Notes

Section 48A: inserted, on 15 October 1999, by section 9 of the Medicines Amendment Act 1999 (1999 No 117).