Epidemic Preparedness Act 2006

1: Title
This Act is the Epidemic Preparedness Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
1: The principal purpose of this Act is to ensure that there is adequate statutory power for government agencies—
a: to try to prevent the outbreak of epidemics in New Zealand; and
b: to respond to epidemics in New Zealand; and
c: to respond to certain possible consequences of epidemics (whether occurring in New Zealand or overseas).
2: This Act also has the following purposes:
a: to ensure that certain activities normally undertaken by people and agencies interacting with government agencies can continue to be undertaken during an epidemic in New Zealand:
b: to enable the relaxation of some statutory requirements that might not be capable of being complied with, or complied with fully, during an epidemic.
4: Interpretation
1: In this Act,— enactment epidemic management notice section 8(1) epidemic notice section 5(1) High Court Rules section 4(1) immediate modification order section 14(1) 15(1) modification order section 11(1) 12(1) 14(1) 15(1) modify person prospective modification order section 11(1) 12(1) rules of court
a: means rules (for example, the High Court Rules), or any secondary legislation (for example, regulations), regulating the practice and procedure of the court:
b: for the purposes of section 24 section 24A
2: For the purposes of this Act,—
a: the Minister of the Crown and department of State responsible for the administration of an enactment that is or forms part of secondary legislation
b: the New Zealand Police is a department of State and the Commissioner of Police is its chief executive. Section 4(1) High Court Rules inserted 3 November 2021 clause 8 COVID-19 Response (Management Measures) Legislation Act 2021 Section 4(1) rules of court inserted 3 November 2021 clause 8 COVID-19 Response (Management Measures) Legislation Act 2021 Section 4(2)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 4A inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Epidemic notices and epidemic management notices
5: Prime Minister may enable use of special powers
1: With the agreement of the Minister of Health, the Prime Minister may, by notice Health Act 1956
2: Subsection (1) applies whether the outbreak is occurring within New Zealand or overseas.
3: If not renewed under section 7(1)
a: the day 3 months after its commencement:
b: a day stated in the notice:
c: a day stated for the purpose by the Prime Minister by further notice
4: The Prime Minister must not give the notice except on, and after considering, the written recommendation of the Director-General of Health.
5:
6: While the notice is in force, further notices may be given modifying its effect—
a: by lifting its application from stated parts of New Zealand; or
b: in the case of an epidemic notice that applies to only stated parts of New Zealand,—
i: by extending its application to other stated parts of New Zealand; or
ii: by extending its application to the whole of New Zealand.
7: After the notice expires, a new notice can be given in respect of the same disease.
8: A notice under this section is secondary legislation ( see Part 3
9: If a notice is made under this section,—
a: the Prime Minister is the relevant Minister for the purposes of section 114
b: the notice must be presented under that section as soon as possible after it is made. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Prime Minister must present it to the House of Representatives as soon as possible after it is made ( see LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the secondary legislation Section 5(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(3)(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(5) repealed 28 October 2021 regulation 72(1) Legislation Act (Amendments to Legislation) Regulations 2021 Section 5(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(9) inserted 28 October 2021 regulation 72(2) Legislation Act (Amendments to Legislation) Regulations 2021
6: Parliament must meet if epidemic notice given
1: This subsection applies to an epidemic notice if, when it is given,—
a: Parliament has been prorogued until a day more than 7 days after the day on which the notice is given; or
b: Parliament has been prorogued, and the date on which it is next to meet has not been determined; or
c: Parliament has been dissolved or has expired, and no proclamation has been made summoning it to meet on a day not more than 7 days after the day on which the notice is given.
2: If subsection (1) applies to an epidemic notice,—
a: a Proclamation must be made appointing a day for Parliament to meet; and
b: the day must be—
i: a day not more than 7 days after the day on which the notice was given; or
ii: if the notice was given after Parliament had been dissolved or had expired and before the latest day appointed under the Electoral Act 1993
c: Parliament must meet and sit on the day appointed.
3: This subsection applies to an epidemic notice if, when it is given, the House of Representatives is adjourned until a day more than 7 days after the day on which it is given.
4: If subsection (3) applies to an epidemic notice,—
a: the Speaker of the House of Representatives must, as soon as is practicable after it is made, by notice in the Gazette
b: the day must be not more than 7 days after the day on which the notice was given; and
c: the House of Representatives must meet and sit at the time and on the day appointed.
7: Renewal and modification of epidemic notices
1: With the agreement of the Minister of Health, the Prime Minister may, by notice
2: The Prime Minister must not give a notice under subsection (1)—
a: except on, and after considering, the written recommendation of the Director-General of Health; and
b: unless he or she is satisfied that the effects of the outbreak concerned are likely to continue to disrupt essential governmental and business activity in New Zealand (or the parts of New Zealand concerned) significantly.
3: If renewed under subsection (1), an epidemic notice expires on the earliest of the following:
a: the day 3 months after the commencement of the most recent notice renewing it:
b: a day stated in the most recent notice renewing it:
c: a day stated for the purpose by the Prime Minister by further notice
4: A notice made under this section is secondary legislation ( see Part 3
5: If a notice is made under this section,—
a: the Prime Minister is the relevant Minister for the purposes of section 114
b: the notice must be presented under that section as soon as possible after it is made. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Prime Minister must present it to the House of Representatives as soon as possible after it is made ( see LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(1) amended 28 October 2021 regulation 73(1) Legislation Act (Amendments to Legislation) Regulations 2021 Section 7(3)(c) amended 28 October 2021 regulation 73(1) Legislation Act (Amendments to Legislation) Regulations 2021 Section 7(4) replaced 28 October 2021 regulation 73(2) Legislation Act (Amendments to Legislation) Regulations 2021 Section 7(5) inserted 28 October 2021 regulation 73(2) Legislation Act (Amendments to Legislation) Regulations 2021
8: Activating other measures while epidemic notice in force
1: While an epidemic notice is in force (or when making an epidemic notice)
a: any matter that must be stated in order for action, or a particular action, to be taken under some other enactment referring to an epidemic management notice:
b: any matter that must be stated in order for the application of some other enactment referring to an epidemic management notice, or a provision of such an enactment, to be modified (or modified with a particular effect) by virtue of the giving of the notice:
c: that it activates—
i: either or both of the following:
A: one or more of the modifications made by one or more stated prospective modification orders:
B: all the modifications made by one or more stated prospective modification orders; or
ii: all the modifications made by all prospective modification orders.
2: The Prime Minister must not give a notice under subsection (1) unless satisfied that the effects of the outbreak concerned make it, or are likely to make it, reasonably necessary to do so.
3: A notice under subsection (1) expires when the epidemic notice concerned expires or is revoked.
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 8(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Review of epidemic notices
1: The Director-General of Health must keep under review, and keep the Prime Minister and the Minister of Health informed of, the situation out of which the making of an epidemic notice arose.
2: If no longer satisfied that the effects of the outbreak concerned are likely to disrupt or continue to disrupt essential governmental and business activity in New Zealand (or the parts of New Zealand concerned) significantly, the Prime Minister must promptly revoke the epidemic notice.
10: Review of epidemic management notices
1: The chief executive of the department of State responsible for the administration of an enactment affected by an epidemic management notice must keep under review, and keep the Prime Minister and the Minister responsible for the administration of the enactment informed of, the operation of the enactment.
2: If no longer satisfied that it is necessary to state in the epidemic management notice a matter of a kind described in section 8(1)
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 10(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Prospective modification of statutory requirements and restrictions
11: Prospective modification of statutory requirements and restrictions to facilitate management of serious outbreaks of disease
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Health, modify (with prospective effect as stated in section 13
2: The Minister of Health must not recommend the making of an order except on a written recommendation of the Director-General of Health, stating that, in the Director-General’s opinion, the modifications it makes are likely to be necessary to enable the effective management of serious outbreaks of diseases affecting people or their effects (or both).
3: A modification of a requirement or restriction—
a: may be absolute or subject to conditions; and
b: may be made—
i: by stating alternative means of complying with the requirement or restriction; or
ii: by substituting a discretionary power for the requirement or restriction.
4: Subsection (3) does not limit subsection (1).
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: Prospective modification of statutory requirements and restrictions to enable compliance during epidemic
1: 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 (with prospective effect as stated in section 13
2: The Minister must not recommend the making of the order unless he or she—
a: has received from the chief executive of the department of State responsible for the administration of the enactment a written recommendation stating that, in the chief executive’s opinion,—
i: if a serious outbreak of a disease affecting people occurred in New Zealand, the effects might well be such that the requirement or restriction would be impossible or impracticable to comply (or comply fully) with; and
ii: the modification to be made goes no further than would be likely to be reasonably necessary in the circumstances; and
b: is himself or herself satisfied that—
i: the effects might well be such that the requirement or restriction would be impossible or impracticable to comply (or comply fully) with; and
ii: the modification goes no further than would be likely to be reasonably necessary in the circumstances.
3: Subsection (1) does not authorise—
a: a modification of a requirement—
i: to release a person from custody or detention; or
ii: to have any person’s detention reviewed by a court, Judge, or Registrar; or
b: a modification of a restriction on keeping a person in custody or detention; or
c: a modification of a requirement or restriction imposed by the Bill of Rights 1688 Constitution Act 1986 Electoral Act 1993 Judicial Review Procedure Act 2016 the New Zealand Bill of Rights Act 1990 Parliamentary Privilege Act 2014
4: 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 stayed.
5: A modification of a requirement or restriction—
a: may be absolute or subject to conditions; and
b: may be made—
i: by stating alternative means of complying with the requirement or restriction; or
ii: by substituting a discretionary power for the requirement or restriction.
6: Subsection (5) does not limit subsection (1).
7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 12(3)(c) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 12(3)(c) amended 8 August 2014 section 35(2) Parliamentary Privilege Act 2014 Section 12(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
13: Application of prospective modifications
A modification made by a prospective modification order—
a: begins to apply (or to apply again) on the commencement of an epidemic management notice stating that it activates—
i: the modification; or
ii: all modifications made by the order; or
iii: the modifications made by all modification orders; and
b: ceases to apply on the earliest of—
i: the expiry of the epidemic management notice that activated the modification:
ii: the revocation of the epidemic management notice or part of an epidemic management notice that activated the modification:
iii: the revocation of the order. Immediate modification of statutory requirements and restrictions
14: Immediate modification of statutory requirements and restrictions to facilitate management of quarantinable disease
1: While an epidemic notice is in force, the Governor-General may, by Order in Council made on the recommendation of the Minister of Health, modify any requirement or restriction imposed by any enactment administered by the Ministry of Health.
2: The Minister of Health must not recommend the making of an order except on a written recommendation of the Director-General of Health, stating that, in the Director-General’s opinion, the modifications it makes are or are likely to be necessary to enable the effective management of the quarantinable disease stated in the epidemic notice or its effects (or both).
3: A modification of a requirement or restriction—
a: may be absolute or subject to conditions; and
b: may be made—
i: by stating alternative means of complying with the requirement or restriction; or
ii: by substituting a discretionary power for the requirement or restriction.
4: Subsection (3) does not limit subsection (1).
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
15: Immediate 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—
a: 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,—
i: 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
ii: the modifications it makes go no further than is, or is likely to be, reasonably necessary in the circumstances; and
b: is himself or herself satisfied that—
i: 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
ii: the modifications go no further than is, or is likely to be, reasonably necessary in the circumstances.
3: Subsection (1) does not authorise—
a: a modification of a requirement—
i: to release a person from custody or detention; or
ii: to have any person’s detention reviewed by a court, Judge, or Registrar; or
b: a modification of a restriction on keeping a person in custody or detention; or
c: a modification of a requirement or restriction imposed by the Bill of Rights 1688 Constitution Act 1986 Electoral Act 1993 Judicial Review Procedure Act 2016 the New Zealand Bill of Rights Act 1990 Parliamentary Privilege Act 2014
4: 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.
5: A modification of a requirement or restriction—
a: may be absolute or subject to conditions; and
b: may be made—
i: by stating alternative means of complying with the requirement or restriction; or
ii: by substituting a discretionary power for the requirement or restriction.
6: Subsection (5) does not limit subsection (1).
7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(3)(c) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 15(3)(c) amended 8 August 2014 section 35(3) Parliamentary Privilege Act 2014 Section 15(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Parliamentary scrutiny of immediate modifications
16: Immediate modification orders to be presented to House of Representatives promptly
Every immediate modification order must be presented to the House of Representatives as soon as is practicable after it is made.
17: Disallowance of immediate modification orders
Section 17 repealed 7 July 2010 section 4 Epidemic Preparedness Amendment Act 2010
18: When immediate modification orders disallowed
1: An immediate modification order is disallowed if, within 6 sitting days after the day on which it was made, the House of Representatives resolves to disallow it.
2: A resolution to disallow an immediate modification order is secondary legislation ( see Part 3
3: The Clerk of the House of Representatives must lodge a copy of the resolution with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It is not disallowable LA19 s 115 This note is not part of the Act. Section 18 substituted 7 July 2010 section 4 Epidemic Preparedness Amendment Act 2010 Section 18(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Disallowance has effect of revocation
An immediate modification order that is disallowed under section 18 House of Representatives resolves to disallow it Section 19 amended 7 July 2010 section 5 Epidemic Preparedness Amendment Act 2010
20: Lapse of notice of motion to disallow immediate modification order
Section 20 repealed 7 July 2010 section 6 Epidemic Preparedness Amendment Act 2010
21: Notice of resolution to disallow immediate modification order
1: If the House of Representatives resolves to disallow an immediate modification order
2: The notice must show the date on which the resolution was agreed to and be accompanied by the text of the resolution.
3: The notice is conclusive evidence of the day on which the resolution was agreed to.
4: Section 21(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 21(1) amended 7 July 2010 section 7 Epidemic Preparedness Amendment Act 2010 Section 21(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
22: Application of Part 5 of Legislation Act 2019
An immediate modification order cannot be disallowed under Part 5
a: has lapsed; or
b: has not been agreed to. Section 22 replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Other matters
23: Areas within which modification orders operate
1: A modification order stating that it applies to the whole of New Zealand does so, even if the relevant epidemic notice applies to only stated parts of New Zealand.
2: A modification order not stating that it applies to the whole of New Zealand—
a: applies to the whole of New Zealand if the relevant epidemic notice applies to the whole of New Zealand; and
b: applies to only the parts of New Zealand to which the relevant epidemic notice applies if the notice applies to only stated parts of New Zealand.
24: Judges may modify rules of court during epidemic
: Judge modifications in particular cases
1: While an epidemic notice is in force, a Judge to whom subsection (2) applies (whether permanently appointed or temporary) may in any particular case modify any rule of court, and to any extent, that he or she thinks necessary in the interests of justice to take account of the effects of the quarantinable disease stated in the notice.
2: This subsection applies to—
a: a Judge of the High Court (whether acting as a Judge of the High Court or a Judge of the Court of Appeal or the Supreme Court):
b: an Associate Judge of the High Court:
ba:
c: a Judge of the Employment Court:
d: a District Court Judge (including a District Court Judge exercising jurisdiction of a Family Court Judge or Youth Court Judge):
e: a Judge of the Environment Court:
f: a Judge of the Māori Land Court.
3: A modification—
a: may be absolute or subject to conditions; and
b: may be made by stating alternative means of complying with a requirement or restriction imposed by the rules.
4: Subsection (3) does not limit subsection (1). Section 24 heading amended 3 November 2021 clause 9(1) COVID-19 Response (Management Measures) Legislation Act 2021 Section 24(2)(ba) repealed 3 November 2021 clause 9(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 24(2)(c) replaced 3 November 2021 clause 9(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 24(2)(d) replaced 3 November 2021 clause 9(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 24(2)(e) inserted 3 November 2021 clause 9(2) COVID-19 Response (Management Measures) Legislation Act 2021 Section 24(2)(f) inserted 3 November 2021 clause 9(2) COVID-19 Response (Management Measures) Legislation Act 2021
24A: Judges may modify rules of court during epidemic: Head of Bench modifications in categories of proceedings
1: While an epidemic notice is in force, a Head of Bench (whether permanently appointed or temporary) may, for any category of proceedings in or before that Judge’s court, modify any rule of court, and to any extent, that he or she thinks necessary in the interests of justice to take account of the effects of the quarantinable disease stated in the notice.
2: A modification made under this section—
a: may be absolute or subject to conditions; and
b: may be made by stating alternative means of complying with a requirement or restriction imposed by the rules.
3: Subsection (2) does not limit subsection (1).
4: A modification made under this section—
a: is secondary legislation ( see Part 3
b: if it relates to the High Court Rules, is not to be drafted by the PCO under section 67(d)(ii)
5: In this section,— District Court
a: includes the division of that court known as the Family Court; and
b: includes the division of that court known as the Youth Court; but
c: excludes the division of that court known as the Disputes Tribunal Head of Bench
a: in relation to the Supreme Court, the Chief Justice:
b: in relation to the Court of Appeal, the President of the Court of Appeal:
c: in relation to the High Court, the Chief High Court Judge:
d: in relation to the Employment Court, the Chief Judge of the Employment Court:
e: in relation to the District Court, the Chief District Court Judge:
f: in relation to the Environment Court, the Chief Environment Court Judge:
g: in relation to the Māori Land Court, the Chief Judge of the Māori Land Court. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 24A inserted 3 November 2021 clause 10 COVID-19 Response (Management Measures) Legislation Act 2021
25: Certain common law doctrines not affected
1: No doctrine, defence, or rule of impossibility or necessity (for example, those embodied in the maxims lex non cogit ad impossibilia nemo tenetur ad impossibile
a: any thing in, or done under, this Act or an enactment stated in subsection (2); or
b: the fact that any thing is not in, or has not been done under, this Act or an enactment stated in subsection (2).
2: The enactments referred to in subsection (1) are the Health Amendment Act 2006 Immigration Amendment Act (No 2) 2006 Parole Amendment Act 2006 Sentencing Amendment Act (No 2) 2006 Social Security Amendment Act 2006 Summary Proceedings Amendment Act (No 2) 2006
26: Effect of modification orders on requirements to tell people of their rights
While a person’s rights, available remedies or courses of action, or legal situation under an enactment are affected by the effect of a modification order, a requirement in any enactment (whether that enactment or another) to the effect that a person must be told of those rights, those remedies or courses of action, or that situation, must be read as a requirement that he or she must be told of those rights, those remedies or courses of action, or that situation, as modified by the effect of the order.
27: Provisions regarding COVID-19 set out in Schedule 2
2021-10-31 Epidemic Preparedness Act 2006 This section and Schedule 2. May be repealed earlier by OIC. (see s 27(2)). Section 27 repealed 31 October 2021


Health Amendment Act 2006

1: Title
This Act is the Health Amendment Act 2006.
2: Commencement
1: Section 8
a: a date appointed by the Governor-General by Order in Council:
b: the day 12 months after the date on which this Act receives the Royal assent.
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Health Act 1956
4: Interpretation
1: Section 2(1) quarantinable disease craft
a: by air; or
b: on or under water epidemic management notice section 8(1) of the Epidemic Preparedness Act 2006 epidemic notice section 5(1) of the Epidemic Preparedness Act 2006 passenger quarantinable disease Part 3 of Schedule 1 .
2: Section 2
3: The Governor-General may, by Order in Council, amend Part 3 of Schedule 1
3: The Part set out in the Schedule to this Act is added to Schedule 1
4: The definition of quarantinable disease regulation 2 Health (Quarantine) Regulations 1983
5: Special powers of Medical Officer of Health
1: Section 70(1) or while an epidemic notice is in force the Civil Defence Emergency Management Act 2002
2: Section 70(1) paragraph (e)
ea: if the spread of the disease would be a significant risk to the public, require people to report, or submit themselves for medical testing, at stated times and places: .
3: Section 70(1)(f) ships, animals, and things ships, vehicles, aircraft, animals, or things
4: Section 70(1) paragraph (f)
fa: if the spread of the disease would be a significant risk to the public, require people, places, buildings, ships, vehicles, aircraft, animals, or things to be tested as he or she thinks fit: .
5: Paragraphs (g) (i) ships, animals, or things ships, vehicles, aircraft, animals, or things
6: Section 70(1)(h) Forbid persons to leave require people to remain in
7: Section 70(1) paragraphs (m) to (o)
la: by written order to the person appearing to be in charge of the premises concerned, do either or both of the following:
i: require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district):
ii: require to be closed immediately, until further order or for a fixed period, any premises within the health district (or a stated area of the district) in which infection control measures described in the order are not operating:
m: by order published in a newspaper circulating in the health district or by announcement broadcast by a television channel or radio station that can be received by most households in the health district, do any of the following:
i: require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description:
ii: require to be closed, until further order or for a fixed period, all premises within the district (or a stated area of the district) of any stated kind or description in which infection control measures described in the order are not operating:
iii: forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district (or a stated area of the district):
iv: forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district (or a stated area of the district) in which infection control measures described in the order are not operating.
8: Section 70 subsection (1)
1A: An order under paragraph (la) or (m) of subsection (1)
a: any premises that are, or any part of any premises that is, used solely as a private dwellinghouse; or
b: any premises within the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000
c: any premises whose principal or only use is as a courtroom or judge's chambers, or a court registry; or
d: any premises that are, or are part of, a prison (within the meaning of section 3(1) of the Corrections Act 2004
1B: An order under paragraph (la) or (m) of subsection (1)
1C: If the Medical Officer of Health publishes an order under subsection (1)(m)
1D: The Medical Officer of Health may publish in any other manner he or she thinks appropriate an order under paragraph (la) or (m) of subsection (1)
9: Section 70
4: If satisfied that it is desirable in the circumstances to do so, the Director-General may authorise a Medical Officer of Health to operate in a stated area outside his or her district; and in that case, this section and section 71
6: Powers of Medical Officer of Health on outbreak of infectious disease
1: Section 71(1) or while an epidemic notice is in force the Civil Defence Emergency Management Act 2002
2: Section 71(1) paragraphs (a) (b)
a: by requisition in writing served on its owner or occupier, take possession of, occupy, and use any land or building (whether public or private) that in his or her opinion is required for the accommodation and treatment of patients:
ab: by requisition in writing served on the owner, occupier, or other person for the time being in charge of it, take possession of, occupy, and use any land, building, vehicle, or craft (other than an aircraft), whether public or private, that in his or her opinion is required for the storage or disposal of bodies:
b: by requisition in writing served on the owner or other person for the time being in charge of it, take possession of and use any vehicle or craft, whether public or private, that in his or her opinion is required for the transport of—
i: patients, medical personnel, medicine, medical equipment or devices, food, or drink; or
ii: clothing, bedding, or tents or other temporary facilities or structures; or
iii: personnel involved in loading, moving, unloading, distributing, erecting, or otherwise dealing with anything transported or to be transported under subparagraph (i) or subparagraph (ii) .
7: New sections 71A and 72 substituted
Section 72
71A: Power of members of police to assist Medical Officer of Health in relation to infectious diseases
1: A member of the police may do any thing reasonably necessary (including the use of force)—
a: to help a Medical Officer of Health or any person authorised by a Medical Officer of Health in the exercise or performance of powers or functions under section 70 or 71
b: to help a person to do a thing that a Medical Officer of Health or any person authorised by a Medical Officer of Health has caused or required to be done in the exercise or performance of powers or functions under section 70 or 71
c: to prevent people from obstructing or hindering a Medical Officer of Health or any person authorised by a Medical Officer of Health in the exercise or performance of powers or functions under section 70 or 71
d: to prevent people from obstructing or hindering a person doing a thing that a Medical Officer of Health or any person authorised by a Medical Officer of Health has caused or required to be done in the exercise or performance of powers or functions under section 70 or 71
e: to compel, enforce, or ensure compliance with a requirement made by a Medical Officer of Health or any person authorised by a Medical Officer of Health in the exercise or performance of powers or functions under section 70 or 71
f: to prevent, or reduce the extent or effect of, the doing of a thing that a Medical Officer of Health or any person authorised by a Medical Officer of Health has forbidden or prohibited in the exercise or performance of powers or functions under section 70 or 71
2: A member of the police acting under subsection (1)
a: enter into or on any land, building, aircraft, ship, or vehicle:
b: inspect any land, building, aircraft, ship, or vehicle, and any thing in or on it:
c: whether for the purposes of paragraph (a) or (b) subsection (1)
i: stop a ship or vehicle, or a taxiing aircraft; or
ii: prevent a stationary aircraft, ship, or vehicle from moving; or
iii: prevent an aircraft or ship from departing.
3: Subsection (2) subsection (1)
4: A member of the police may do a thing authorised by subsection (1) or (2)
5: Subsections (2) to (6) of section 314B sections 314C and 314D, of the Crimes Act 1961 subsection (2)(c)
a: as if they were a statutory search power within the meaning of section 314A of that Act
b: as if a ship or taxiing aircraft were a vehicle.
6: A member of the police does not incur any personal liability by reason of anything done by him or her in good faith in the exercise or intended exercise of a power conferred by this section.
72: Offences relating to obstructing Medical Officer of Health or people assisting Medical Officer of Health
A person commits an offence and is liable to imprisonment for a term not exceeding 6 months, a fine not exceeding $4,000, or both who in any way (directly or indirectly, by act or default)—
a: threatens, assaults, or intentionally obstructs or hinders a Medical Officer of Health or any person authorised by a Medical Officer of Health in the exercise or performance of powers or functions under section 70 or 71
b: threatens, assaults, or intentionally obstructs or hinders a member of the police acting under section 71
c: does anything forbidden by a Medical Officer of Health or any person authorised by a Medical Officer of Health under section 70 or 71
d: fails or refuses to comply with, or delays complying with, a direction or requirement of a Medical Officer of Health or any person authorised by a Medical Officer of Health given in the exercise of powers or functions under section 70 or 71
e: does, or delays ceasing to do, a thing prohibited or forbidden by a Medical Officer of Health or any person authorised by a Medical Officer of Health in the exercise of powers or functions under section 70 or 71
8: New section 74AA inserted
The following section is inserted after section 74
74AA: Medical laboratories to give notice of cases of notifiable disease
1: The person in charge of a medical laboratory must take all reasonably practicable steps to ensure that there are in place in it efficient systems for reporting to him or her (or to any other person for the time being in charge of it) the results of a test or other procedure undertaken in it that indicate that a person or thing is, has been, or may be or have been, infected with a notifiable disease.
2: The person for the time being in charge of a medical laboratory to whom results are reported under subsection (1)
3: A person who fails to comply with subsection (2)—
a: commits an offence against this Act; and
b: is liable to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued. 2007-12-18 new section 74AA
9: New sections 74B to 74D inserted
The following sections are inserted before section 75
74B: Medical laboratories may be required to give notice of cases of disease during epidemic
1: Before the commencement of section 8 section 74AA
2: Unless the notice provides that section 74AA
3: While the notice is in force, every provision of this Act (other than this section) has effect—
a: as if section 74AA
b: as if the references in that section to a notifiable disease were references to the quarantinable disease stated in the notice (or, if 2 or more notices are in force, to the quarantinable diseases stated in the notices).
4: The fact that the notice has expired does not affect any criminal or civil liability arising while it was in force.
74C: Priorities for medicines
1: The Director-General may at any time devise policies determining the priorities with which supplies of medicines that are under the control of the Crown or a Crown entity are to be dispensed during outbreaks of quarantinable diseases.
2: While an epidemic notice is in force,—
a: the Director-General may, if satisfied that there is or is likely to be a shortage of medicines because of the outbreak of the disease stated in the epidemic notice, in accordance with a policy devised under subsection (1) Gazette
b: every person administering, dispensing, prescribing, or supplying medicines stated in the notice that are under the control of the Crown or a Crown entity must—
i: comply with the priorities; and
ii: comply with any conditions, stated in the notice.
3: A notice under subsection (2)
a: all persons administering, dispensing, prescribing, or supplying the medicines concerned; or
b: particular classes of person administering, dispensing, prescribing, or supplying the medicines concerned; or
c: particular persons administering, dispensing, prescribing, or supplying the medicines concerned.
4: A notice under subsection (2)
5: The Director-General must publish every policy; but may do so by making it available on the Internet.
6: In this section, medicine
74D: Redirection of aircraft
1: While an epidemic management notice providing for Medical Officers of Health to do so is in force, a Medical Officer of Health may by written or oral notice (in the case of an oral notice, whether given face-to-face or by radio) require the pilot in charge of an aircraft that has landed at a place in New Zealand to travel, as soon as practicable, to another stated place in New Zealand.
2: The Medical Officer of Health must not give the notice unless satisfied—
a: that—
i: the disease stated in the epidemic management notice has or is likely to have broken out in a place the aircraft has come from (whether directly, or via other places); or
ii: the disease has or is likely to have broken out in the place where the aircraft has landed; or
iii: the aircraft is or is likely to be carrying people infected with the disease; and
iv: the aircraft or anything in it is or is likely to be contaminated with the disease; and
b: measures necessary to deal with the situation can more practicably be carried out at the other place.
10: New sections 97 to 97G substituted
1: Section 97
97: People liable to quarantine
1: A person is liable to quarantine if he or she is on board, or disembarks from, a craft that is liable to quarantine.
2: This subsection applies to a person liable to quarantine if the Medical Officer of Health believes or suspects, on reasonable grounds,—
a: that he or she is infected with a quarantinable disease; or
b: that, within the 14 days before he or she arrived in New Zealand, he or she has been exposed to a disease that (whether or not it was a quarantinable disease at the time of the believed or suspected exposure) is a quarantinable disease.
97A: People liable to quarantine to comply with directions and supply information
1: A person who is liable to quarantine—
a: must comply with all directions, requirements, or conditions given, made, or imposed by the Medical Officer of Health or a person authorised by the Medical Officer of Health under this Part; and
b: must, on request by the Medical Officer of Health or a person authorised by the Medical Officer of Health, give any information the officer believes on reasonable grounds to be necessary to enable the management of risks to public health.
2: In the case of people arriving in New Zealand by craft, the Medical Officer of Health or a person authorised by the Medical Officer of Health may request information under subsection (1)(b)
a: by requiring the person to distribute and collect cards or forms for passengers and crew to fill in; or
b: in any other reasonable manner the officer may require.
3: A person required under subsection (2)
4: For the purposes of subsection (1)(b)
a: his or her name; and
b: his or her recent travel history; and
c: his or her recent activities; and
d: his or her previous and present addresses, and proposed routes, destinations, and addresses; and
e: his or her movements during the 14 days before his or her arrival; and
f: whether he or she is experiencing or has recently experienced particular symptoms.
5: Subsection (2) subsection (1)
6: The Medical Officer of Health or a person authorised by the Medical Officer of Health may obtain from the department of State responsible for keeping it (and the department may supply to the Medical Officer of Health or a Health Protection Officer) any information about a person who is liable to quarantine that the officer believes on reasonable grounds to be necessary to obtain in order to trace the person's movements or discover the contacts the person has had with other people.
7: Subsection (1)(b) subsection (1)(a)
97B: Detention of craft and people
1: The Medical Officer of Health, a Health Protection Officer, or a person acting under the written directions of the Medical Officer of Health or a Health Protection Officer, may direct that a craft and its passengers and crew be detained for inspection if—
a: the craft has arrived in New Zealand; and
b: it appears to the officer that, during the voyage of the craft,—
i: a person on it has died, or become ill, from a quarantinable disease; or
ii: death not attributable to poison or other measures for destruction has occurred among birds, insects, or rodents on the craft.
2: The Medical Officer of Health or Health Protection Officer must tell the person in charge of the airport or port concerned of any direction he or she gives under subsection (1) section 97C
97C: Lifting of detention of craft
The detention of a craft under section 97B
97D: Powers and duties of Medical Officer of Health or Health Protection Officer in relation to quarantinable diseases
1: If a craft arrives in New Zealand carrying a person to whom section 97(2)
a: require the person to be examined:
b: require to be taken from the person any bodily sample the officer may reasonably require:
c: require to be taken from the craft or any thing in or on it any reasonable sample the officer may require:
d: require the captain of the craft to take or help take any steps that, in the opinion of the Medical Officer of Health or Health Protection Officer, are reasonably necessary—
i: to prevent the spread of infection by the person; or
ii: to destroy birds, insects, or rodents; or
iii: to remove or abate conditions on the craft likely to convey infection, including conditions that might facilitate the harbouring of vermin.
2: A person whom subsection (1)
97E: Surveillance of certain people liable to quarantine
1: This subsection applies to a person if—
a: section 97(2)
b: he or she is liable to quarantine and has been quarantined under section 70(1)(f)
2: A person to whom subsection (1) subsection (3)(a) subsection (3)(b)
3: The Medical Officer of Health or a Health Protection Officer may cause a person to whom subsection (1)
a: to be removed to a hospital or other suitable place and detained under surveillance until the Medical Officer of Health or a Health Protection Officer is satisfied that he or she—
i: is not infected with the disease concerned; or
ii: is not able to pass that disease on; or
b: to be kept under surveillance at large.
4: Detention under subsection (3)(a)
a: must not continue for more than 28 days; and
b: must not continue for more than 14 days unless the Medical Officer of Health or a Health Protection Officer has considered the latest information available on the disease concerned, and is satisfied that the person is infected with it and still likely to be able to pass it on.
5: Before being placed under surveillance at large, a person must give an undertaking, in a form prescribed by regulations made under this Act, that he or she will report to the Medical Officer of Health or a medical practitioner at the times and places required.
6: While kept under surveillance at large, a person must—
a: present himself or herself for and submit to any medical examination or testing required by the Medical Officer of Health in whose district he or she may be:
b: give to the Medical Officer of Health all information he or she reasonably requires to enable the management of risks to public health:
c: if instructed to do so by the Medical Officer of Health, do either or both of the following:
i: report on arrival in any district to the Medical Officer of Health or to a medical practitioner nominated by the Medical Officer of Health:
ii: report in person daily or at stated intervals to the Medical Officer of Health or a medical practitioner nominated by the Medical Officer of Health:
d: if he or she leaves for another place, tell the Medical Officer of Health, or the medical practitioner nominated by the Medical Officer of Health, and give details of the address to which he or she is going.
97F: Children and people under disability
Every person who has the custody or charge of a child or the role of providing day-to-day care for a child, or has charge of a person who is under disability,—
a: must comply with every direction, requirement, or condition given, made, or imposed in respect of the child or person under disability under any of sections 97A to 97E
b: must give in respect of the child or person under disability all information required under any of those sections.
97G: Offences against this Part
Every person who fails or refuses to comply with any of sections 97A(1), 97A(2), 97B(2), 97D(2), 97E(5), 97E(6), or 97F .
2: The Health (Quarantine) Regulations 1983
a: omitting from regulation 22(2) subclause (1) of this regulation section 97B(1) of the Act
b: revoking regulations 23 to 26 (1) (3)
11: New sections 109 and 110 substituted
Sections 109 110
109: Infected baggage, cargo, or stores
1: If the Medical Officer of Health or a Health Protection Officer believes that a quarantinable disease is likely to be spread by any baggage, bedding, cargo, clothing, drink, equipment, food, linen, luggage, stores, water, or other substance or thing that is on or has been removed from a craft, he or she may do any thing, and give any directions, in respect of it prescribed by regulations under this Act.
2: Subsection (1)
3: A person who fails to comply with a direction under subsection (1)
a: commits an offence against this Act; and
b: is liable to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $500 for every day on which it has continued.
110: Disinfection and fumigation of craft
1: The Medical Officer of Health or a Health Protection Officer may, if he or she believes that a craft is in an insanitary condition or in a condition favourable to the outbreak or spread of an infectious disease, sign and give to the master or pilot a written order requiring the craft to be cleansed, fumigated, disinfected, or treated, in a manner, within a time, and at a place stated in the order.
2: The order may be given whether or not the craft is liable to quarantine.
3: If the order is not complied with,—
a: the master or pilot commits an offence, and is liable to a fine not exceeding $10,000; and
b: the Medical Officer of Health or a Health Protection Officer may have the craft cleansed, fumigated, disinfected, or treated (whether in accordance with the order or otherwise).
4: All expenses incurred by the Crown in acting under subsection (3)(b)
5: No action taken in respect of a craft under paragraph (b) of subsection (3) paragraph (a) of that subsection
6: Regulations made under this Act may give the Medical Officer of Health and Health Protection Officers powers in respect of the destruction of birds, rodents, or insects on ships.
7: Subsection (6)
12: New section 112AA inserted
The following section is inserted after section 112
112AA: Sections 70 and 71 The powers conferred by sections 70 and 71
a: nothing in section 70 or 71
b: nothing in this Part limits or affects the powers conferred by section 70 or 71


Immigration Amendment Act (No 2) 2006

1: Title
This Act is the Immigration Amendment Act (No 2) 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Immigration Act 1987
4: Interpretation
Section 2(1) employment epidemic management notice section 8(1) of the Epidemic Preparedness Act 2006 .
5: New section 35AC inserted
The following section is inserted after section 35AB
35AC: Deemed extension of certain permits expiring during epidemic
1: This section applies to a temporary permit, a limited purposes permit, or an exemption from the requirement to hold a permit, if—
a: it was in force immediately before the commencement of an epidemic management notice; and
b: but for this section, it would expire before the day 14 days after the day on which the notice expires.
2: A temporary permit, limited purposes permit, or exemption to which this section applies must for all purposes be treated as if it continues to be a valid temporary permit, limited purposes permit, or exemption (as the case may be) until the earlier of the following events:
a: its revocation or cessation:
b: the expiration of 3 months after the day on which the epidemic management notice expires.
3: Subsection (2)
a: the endorsement or modification of a permit or exemption; or
b: the issue of a document extending a permit or exemption; or
c: the issue of a new permit or exemption.
6: New sections 129ZC to 129ZG inserted
The following sections are inserted before section 130
129ZC: During epidemic courts may deal with certain matters on basis of documents only
1: While an epidemic management notice is in force, any matter for which this Act requires a person to be brought before a District Court Judge or Registrar may be dealt with by a District Court Judge or Registrar on the basis of documents only, without the person's being brought before the Judge or Registrar.
2: Subsection (1)
3: If the notice applies to only stated parts of New Zealand, subsection (1)
129ZD: Modification during epidemic of requirements to bring people before court
1: This subsection applies to a requirement imposed by this Act if it requires a person to be brought before a District Court Judge at intervals of not more than a stated duration for consideration or further consideration of a question.
2: While an epidemic management notice is in force, it is a sufficient compliance with a requirement to which subsection (1)
3: If the notice applies to only stated parts of New Zealand, subsection (2)
129ZE: During epidemic certain warrants and extensions to have effect for 28 days
1: The following provisions apply to a warrant of commitment issued under this Act:
a: if it was in force immediately before the commencement of an epidemic management notice, it has effect as if it had authorised the detention of the person named in it for a period of 28 days:
b: if it is issued while an epidemic management notice is in force, it authorises the detention of the person named in it for a period of 28 days, or any shorter period the Judge thinks reasonable in the circumstances:
c: if it was in force immediately before the commencement of an epidemic management notice, or is issued while an epidemic management notice is in force, it may be extended for a further period (or, as the case requires, further periods) of up to 28 days.
2: Subsection (1)
3: If the notice applies to only stated parts of New Zealand, subsections (1) and (2)
129ZF: Application of section 128AB during epidemic
1: While an epidemic management notice is in force, an immigration officer and the released person may agree to vary a condition imposed under section 128AB(1)(c)
a: whether or not the order containing it provides for them to do so; and
b: whether or not they have the consent of a District Court Judge.
2: If the notice applies to only stated parts of New Zealand, subsection (1)
129ZG: Calculation of consecutive period of detention for purposes of section 60(7)
1: In calculating for purposes of section 60(7)
a: no account is to be taken of any periods of detention occurring while an epidemic management notice is in force; but
b: periods of detention do not cease to be consecutive just because they include periods during which an epidemic management notice was in force.
2: If the notice applies to only stated parts of New Zealand, subsection (1)


Parole Amendment Act 2006

1: Title
This Act is the Parole Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Parole Act 2002
4: Interpretation
Section 4(1) epidemic management notice section 8(1) of the Epidemic Preparedness Act 2006 .
5: New section 13A inserted
The following section is inserted after section 13
13A: Procedure of Board during epidemic
1: While an epidemic management notice is in force, any decision or action that may or must be made or taken by the Board under this Act may, if the chairperson or a panel convenor is satisfied that it is desirable,—
a: be made or taken by the Board on the basis of documents only, without the presence or submission of any person who would otherwise have the right to be present or make a submission; or
b: be made or taken by the chairperson or the panel convenor, acting alone, either—
i: in the usual way; or
ii: on the basis of documents only, without the presence or submission of any person who would otherwise have the right to be present or make a submission.
2: Subsection (1)
3: The taking of a decision in accordance with subsection (1)
4: If the notice applies to only stated parts of New Zealand, subsections (1) to (3)
6: New section 27A inserted
The following section is inserted after section 27
27A: Consideration of offenders for parole during epidemic
1: This subsection applies to a requirement in any of sections 21 to 27
a: while an epidemic management notice is in force; or
b: after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of offenders who, by virtue of one of those requirements, should have been considered for parole before the offender.
2: It is a sufficient compliance with a requirement to which subsection (1)
3: The circumstances include—
a: the number of appropriately qualified employees of the chief executive available to produce reports for the Board:
b: the number of appropriately qualified employees of the chief executive available to participate in hearings of the Board:
c: the number of Board members available to conduct hearings:
d: the number of offenders who have not yet been considered for parole as required by any of sections 21 to 27
e: the number and seriousness of the other matters pending before the Board.
4: In deciding the order in which it should consider for parole offenders who, by virtue of subsection (2)
a: must first consider how much time has passed since each of them should have been considered; but
b: may then consider them for parole in any order it thinks appropriate.
5: If the notice applies to only stated parts of New Zealand, subsections (1) to (4)
7: New section 40A inserted
The following section is inserted after section 40
40A: Applications for home detention during epidemic
1: This subsection applies to an application for home detention if section 33(4)
a: while an epidemic management notice is in force; or
b: after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of offenders whose applications for home detention should, by virtue of section 33(4)
2: In relation to an application for home detention to which subsection (1) section 33(4)
3: The circumstances include—
a: the number of appropriately qualified employees of the chief executive available to produce reports for the Board:
b: the number of appropriately qualified employees of the chief executive available to participate in hearings of the Board:
c: the number of Board members available to conduct hearings:
d: the number of applications for home detention that have not yet been considered:
e: the number and seriousness of the other matters pending before the Board.
4: In deciding the order in which it should consider applications for home detention that, by virtue of subsection (2)
a: must first consider how much time has passed since each of them should have been considered; but
b: may then consider them in any order it thinks appropriate.
5: If the notice applies to only stated parts of New Zealand, subsections (1) to (4)
8: New section 56A inserted
The following section is inserted after section 56
56A: Application of section 56 during epidemic
While an epidemic management notice is in force, a probation officer who has made an application to the Board under section 56(2)
9: New section 65A inserted
The following section is inserted after section 65
65A: Application of
section 65
1: This subsection applies to a recall application if, but for this section, section 65(1) or (2)
a: while an epidemic management notice is in force; or
b: after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of offenders in respect of whom a recall application should, by virtue of section 65(1) or (2)
2: In relation to an application for a recall application to which subsection (1) section 65(1) or (2)
3: This subsection applies to the hearing of a recall application if the Board wishes to adjourn it, without the offender's consent,—
a: while an epidemic management notice is in force; or
b: after an epidemic management notice has expired, but while (in the Board's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of matters pending before the Board.
4: The Board may, without the offender's consent, adjourn the hearing of a recall application to which subsection (3)
5: The circumstances referred to in subsections (2) and (4)
a: the number of appropriately qualified employees of the chief executive available to provide administrative support to the Board:
b: the number of appropriately qualified employees of the chief executive available to produce reports for and participate in hearings of the Board:
c: the number of Board members available to conduct hearings:
d: the number and nature of the other matters pending before the Board.
6: The Board may decide the order in which it should consider recall applications that, by virtue of subsection (2)
7: If the notice applies to only stated parts of New Zealand, subsections (1) to (6)
10: New section 107GA inserted
The following section is inserted after section 107G
107GA: Application of
section 107G
1: This subsection applies to the hearing of an application for an extended supervision order relating to an offender who has been remanded in custody following arrest under a warrant issued under section 107G(3)
a: while an epidemic management notice is in force; or
b: after an epidemic management notice has expired, but while (in the Court's opinion) there remains as an effect of the outbreak of the disease referred to in the notice a backlog of matters pending before the Court.
2: The Court may, without the offender's consent, adjourn the hearing of an application for an extended supervision order to which subsection (1)


Sentencing Amendment Act (No 2) 2006

1: Title
This Act is the Sentencing Amendment Act (No 2) 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Sentencing Act 2002
4: Interpretation
Section 4(1) District Court epidemic management notice section 8(1) of the Epidemic Preparedness Act 2006 .
5: New section 54A inserted
The following section is inserted after section 54
54A: Application of section 54 during epidemic
1: While an epidemic management notice is in force,—
a: a probation officer who has applied in accordance with section 72 section 54(3)
b: any probation officer may himself or herself vary the conditions subject to which a sentence of supervision was imposed by the court on an offender if the offender has applied in accordance with section 72 section 54(3)
2: A variation under subsection (1)
6: New section 67A inserted
The following section is inserted after section 67
67A: Remission of community work hours during epidemic
1: While an epidemic management notice is in force, the chief executive of the Department of Corrections may authorise probation officers to remit the hours of community work imposed by the court on offenders, for periods (in any individual case)—
a: of not more than 8 hours in any week; and
b: of not more in total than the lesser of 48 hours and one third of the sentence imposed.
2: This section does not give any offender a right to a remission.
7: New section 69A inserted
The following section is inserted after section 69
69A: Extension during epidemic of period within which community work must be done
1: While an epidemic management notice is in force, the chief executive of the Department of Corrections may authorise probation officers to extend by not more than 12 months the period during which the community work of offenders, or the community work of offenders of any kind or description, must be done.
2: This section does not give any offender a right to an extension.


Social Security Amendment Act 2006

1: Title
This Act is the Social Security Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Social Security Act 1964
4: Interpretation
Section 3(1) domestic epidemic management notice section 8(1) of the Epidemic Preparedness Act 2006 overseas epidemic management notice section 61CE .
5: New heading and sections 61CB to 61CF inserted
The following heading and sections are inserted after section 61CA Epidemics
61CB: Payment of benefits during epidemic in New Zealand
1: This subsection applies to any period comprising—
a: the period when a domestic epidemic management notice is in force; and
b: a period after the notice expires that the Minister thinks reasonable in the circumstances.
2: During a period to which subsection (1)
a: cause benefits to be paid to people who would not otherwise be entitled to be paid benefits because—
i: their benefits are subject to a stand down period; or
ii: their benefits, or payments of their benefits, are suspended:
b: reinstate the benefits of, and for any parts of the period the chief executive thinks fit make payments under them to, people whose benefits—
i: were cancelled or terminated within the 8 weeks before the commencement of the domestic epidemic management notice concerned; or
ii: are cancelled or terminated while the notice is in force:
c: as the case requires, grant benefits to or reinstate the benefits of, and for any parts of the period the chief executive thinks fit make payments under them to, people who—
i: were subject to a non-entitlement period on the commencement of the domestic epidemic management notice concerned; or
ii: become subject to a non-entitlement period while the notice is in force:
d: cause payments under benefits to be made to people at a rate—
i: higher than a lower rate to which they would otherwise be entitled (being a lower rate resulting from one or more of the following:
A: a reduction or variation of a rate of benefit:
B: a suspension of a benefit or payments under a benefit:
C: a direct deduction from payments under a benefit:
D: a sanction, penalty, or non-entitlement period, imposed on a spouse or partner); but
ii: not higher than the maximum rate to which they would otherwise be entitled:
e: refrain from exercising a power to cancel, suspend, vary, or terminate benefits or payments under benefits, in circumstances where the holders satisfy the normal criteria for cancellation, suspension, variation, or termination of benefits or payments:
f: refrain from cancelling, suspending, or terminating benefits in circumstances where this Act requires them to be cancelled, suspended, or terminated.
3: A benefit granted or reinstated under paragraph (b) or paragraph (c) of subsection (2)
4: Subsection (2)
61CC: Granting of emergency benefits during epidemic in New Zealand
1: While a domestic epidemic management notice is in force, and for any period after it expires that the Minister thinks reasonable in the circumstances, the chief executive may, with the written approval of the Minister, cause emergency benefits to be granted to people who would not otherwise be entitled to be granted emergency benefits.
2: Payments made under a benefit granted under subsection (1)
a: the person granted it is liable to repay the amount paid (or what the chief executive considers to be the amount of the excess); and
b: section 85A(b)
3: Subsection (1)
61CD: During epidemic benefits may be granted without normal investigations
While a domestic epidemic management notice is in force, and for any period after it expires that the Minister thinks reasonable in the circumstances, a benefit may be granted to a person even if the claim for it has not been investigated, or has not been fully investigated, as required by section 12(1)
61CE: Overseas epidemics affecting visitors to New Zealand
1: The Minister may, by notice in the Gazette
2: The notice comes into force on its commencement, and expires on the earliest of the following:
a: the day 3 months after its commencement:
b: a day stated in the notice:
c: if the notice does not provide for its expiry, a day stated by the Minister by further notice in the Gazette
3: Before or after the notice expires, the Minister can give a new notice in respect of the same disease.
4: The Minister must not give the notice except on, and after considering, the written recommendation of the chief executive of the Ministry of Health.
5: In subsection (1) quarantinable disease section 2(1) of the Health Act 1956
61CF: Special assistance for visitors affected by overseas epidemics
1: The Minister may, in respect of any period for which an overseas epidemic management notice is in force, by notice in the Gazette
2: The notice must state—
a: the criteria by which it is to be determined which people are given assistance; and
b: any maximum amounts of assistance to be given; and
c: if different amounts of assistance may be given to different people, the criteria by which it is to be determined how much assistance people are to be given; and
d: for how long assistance may be given; and
e: any conditions subject which assistance is to be given.
3: The programme, and the matters stated in the notice establishing it, override every other provision of this Act.
6: Money payable out of Crown Bank Account
Section 124(2)
1C: There must from time to time be paid out of the Crown Bank Account, without further appropriation than this subsection, all money necessary for granting special assistance under section 61CF
2: This subsection applies to a payment made to a person out of the Crown Bank Account by way of special assistance pursuant to subsection (1)(d) or subsection (1C)
a: either—
i: it was obtained by fraud; or
ii: the spouse or partner of the person made a false statement to or otherwise misled an officer engaged in the administration of Part 1
b: as a result, it exceeded the amount (if any) that, in the chief executive's opinion, would otherwise have been paid.
2A: Sections 81 and 86 subsection (2)
a: as if it were made by way of benefit under Part 1
b: as if the person to whom it was made were a beneficiary entitled to a benefit of the amount (if any) that, in the chief executive's opinion, would have been payable if (as the case may be)—
i: the fraud had not occurred; or
ii: the false statement had not been made; or
iii: the officer had not been misled.


1: Title
This Act is the Summary Proceedings Amendment Act (No 2) 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Summary Proceedings Act 1957
4: New sections 46AB and 46AC inserted
The following sections are inserted after section 46A
46AB: Application of
section 45
1: While an epidemic management notice is in force, section 45
2: If the notice applies to only stated parts of New Zealand, subsection (1)
3: In subsection (1) epidemic management notice section 8(1) of the Epidemic Preparedness Act 2006
46AC: Application of
section 46
1: While an epidemic management notice (within the meaning of section 46AB(3) section 46
a: the references in paragraphs (a) and (b) of subsection (3)
b: the reference in subsection (3)(c)(i)
c: the reference in subsection (3)(c)(ii)
2: If the notice applies to only stated parts of New Zealand, subsection (1)


District Courts Amendment Act 2007

1: Title
This Act is the District Courts Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendments to District Courts Act 1947
This Act amends the District Courts Act 1947
4: Tenure of office
Section 7(2) 68 70
5: Acting Judges
Section 10(2) 68 70
6: Retired Judges
Section 10A(1) 68 70
7: Tenure of office
Section 11F(1) 68 70
8: Retired Community Magistrates
Section 11H(1) 68 70


Judicature Amendment Act 2007

1: Title
This Act is the Judicature Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendments to Judicature Act 1908
This Act amends the Judicature Act 1908
4: Age of retirement
Section 13 68 70
5: Rights on retirement before attaining retiring age
Section 14 68 70
6: Vacation of office
Section 26E(3) 68 70
7: Temporary Associate Judges
Section 26H(3) 68 70


Employment Relations Amendment Act 2007

1: Title
This Act is the Employment Relations Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendments to Employment Relations Act 2000
This Act amends the Employment Relations Act 2000
4: Age of retirement
Section 205 68 70
5: Appointment of temporary Judges
1: Section 207(2) 68 70
2: Section 207(4) 68 70


Te Ture Whenua Maori Amendment Act 2007

1: Title
This Act isâ€”
a: Te Ture Whenua Maori Amendment Act 2007; or
b: the Maori Land Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendments to Te Ture Whenua Maori Act 1993
This Act amends Te Ture Whenua Maori Act 1993
4: Appointment of Judges
Section 7(4) 68 70
5: Appointment of temporary Judges
Section 9(5) 68 70
6: Tenure of office
Section 12(2) 68 70


Coroners Act 1988 Amendment Act 2007

1: Title
This Act is the Coroners Act 1988 Amendment Act 2007. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
3: Amendment to Coroners Act 1988
This Act amends the Coroners Act 1988 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
4: Retirement of coroners and deputies
Section 33(1) 68 70 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144


Coroners Act 2006 Amendment Act 2007

1: Title
This Act is the Coroners Act 2006 Amendment Act 2007.
2: Commencement
This Act comes into force on 1 July 2007.
3: Amendments to
Coroners Act 2006 This Act amends the Coroners Act 2006
4: Coroners
1: Section 103(4) 68 70
2: Section 103(5) 68 70
5: Relief coroners
1: Section 104(5) 68 70
2: Section 104(6) 68 70