Medicines Act 1981

Dealings with medicines and medical devices - Miscellaneous provisions

49: Restrictions on supply to particular persons

You could also call this:

"Rules About Who Can't Get Certain Medicines"

You are a restricted person if you get a notice from a Medical Officer of Health. A Medical Officer of Health can give you this notice if they think you are addicted to prescription medicine or getting it from many places. They can stop doctors or other people from giving you this medicine. If a Medical Officer of Health gives you a notice, they must tell you about it. You can appeal to the Minister if you do not agree with the notice. The Minister's decision is final. You can get in trouble if you give or get medicine when you are not supposed to. This includes doctors who give medicine to people they know are not supposed to have it. It also includes people who try to get medicine when they are not supposed to have it.

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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=DLM55480.

Topics:

Health and wellbeing > Public healthHealth and wellbeing > Healthcare services

48A: Powers of councils and boards, or

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

49A: Statements regarding persons dependent on prescription medicines or restricted medicines, or

Part 2Dealings with medicines and medical devices
Miscellaneous provisions

49Restrictions on supply to particular persons

In this section the term restricted person means a person who is the subject of a notice given under subsection (2) and for the time being in force.
Where a Medical Officer of Health is satisfied that any person—
is addicted or habituated to the use of any prescription medicine or restricted medicine or has been obtaining any prescription medicine or restricted medicine from several different sources; and
is likely to seek further supplies of that prescription medicine or restricted medicine, or prescriptions for the supply of that prescription medicine or restricted medicine,—

authorised prescriber or delegated prescriber

The Medical Officer of Health may at any time, by a like notice, revoke, or vary, or modify any prohibition, condition, or exception contained in a notice given by him under this section.
The Medical Officer of Health shall cause a copy of every notice under subsection (2) or subsection (3) to be served on the restricted person, but a failure to comply with this requirement shall not invalidate the notice.
Any person who is aggrieved by the issue of a notice under this section, or by the refusal of the Medical Officer of Health to revoke, vary, or modify any prohibition, condition, or exception contained in any such notice, may appeal in writing to the Minister whose decision shall be final.
Every person commits an offence against this Act who—
prescribes for or supplies to any person whom he knows to be a restricted person any prescription medicine or restricted medicine in contravention of a notice given under subsection (2) or subsection (3); or
being a restricted person, procures or attempts to procure a prescription or a prescription medicine or a restricted medicine from any person whom he knows is prohibited by a notice under subsection (2) or subsection (3) from issuing the prescription or supplying the medicine to the restricted person.

Compare

SR 1964/64 r 20A
SR 1969/45 r 6

Notes

Section 49(2): amended, on 1 July 2014, by section 26 of the Medicines Amendment Act 2013 (2013 No 141).