In this Act, a reference to an individual who has an infectious disease includes an individual who is infected or colonised by, or is a carrier of, an organism capable of causing the disease, even if the individual does not exhibit any of the symptoms of the disease.

The Governor-General may, by Order in Council, amend Part 3 of Schedule 1 by adding or omitting the name of a disease, or substituting a new name for a disease.

If, in any proceedings for an offence against this Act or against any regulations thereunder, a question arises as to whether or not any person is a contact, as defined in subsection (1), the question shall be determined in accordance with the opinion of the medical officer of health.

smoke includes any fumes, gases, dust, soot, grit, or other matters produced in the process of combustion.

ship includes every description of vessel used in navigation

quarantinable disease means a disease stated in Part 3 of Schedule 1

public health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

the relevant circumstances of the particular case

the nature of the infectious disease, including, without limitation, the transmissibility and mode of transmission of the infectious disease; and

public health risk , in Part 3A and sections 74 and 74AA , means a substantial risk of serious harm that 1 or more individuals who have, or may have, an infectious disease pose to the health or safety of 1 or more other persons because of the infectious disease, having regard to—

public health order means an order made under section 92Z

public health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

prescribed means prescribed by this Act or by regulations or bylaws thereunder

premises includes any commercial premises, private premises, vehicle, ship, or aircraft

personal health services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

personal health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

passenger , in relation to a craft means any person in or on it who is not a member of its crew

owner , in relation to any land or premises, means the person for the time being entitled to receive the rent of the land or premises, whether on his own account or as the agent of or trustee for any other person, or who would be so entitled if the land or premises were let at a rent, and includes any person for the time being registered under the Land Transfer Act 2017 as owner of the land or premises

offensive trade means any trade, business, manufacture, or undertaking for the time being specified in Schedule 3

notifiable infectious disease means any infectious disease for the time being specified in Part 1 of Schedule 1

notifiable disease means any notifiable infectious disease, and any disease for the time being specified in Schedule 2

Ministry of Health means the department of the public service referred to by that name; and Ministry has a corresponding meaning

Minister means the Minister of Health

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)﻿(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

medical officer of health means the medical officer of health appointed under this Act for a health district, and includes any deputy medical officer of health; and, for the purposes of Part 4 , includes any medical practitioner acting under the direction of the medical officer of health

medical examination order means an order made under section 92ZH

any diagnostic tests required to detect the presence of, or immunity to, an infectious disease in a person

the taking of a sample of tissue, blood, urine, or other bodily material for medical testing; and

medical examination , in Part 3A , means the physical examination or testing of a person for the purpose of determining whether the person has or is likely to have an infectious disease, and includes—

local authority means a territorial authority within the meaning of the Local Government Act 2002

infectious disease means any disease for the time being specified in Part 1 or Part 2 of Schedule 1

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

health provider means a person or an organisation that provides, or arranges the provision of, personal health services or public health services

health protection officer means a person designated by the Director-General as a health protection officer under this Act

health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

epidemic notice means a notice under section 5(1) of the Epidemic Preparedness Act 2006

epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006

environmental health officer means an environmental health officer appointed under section 28 or a health protection officer

includes an early childhood education and care centre within the meaning of section 10(1) of the Education and Training Act 2020

means any place where people gather for the purpose of education or training; and

dwellinghouse means any building, tent, caravan, or other structure or erection, whether permanent or temporary, that is used or intended to be used in whole or in part for human habitation, and includes the land and any outbuildings and appurtenances belonging thereto or usually enjoyed therewith

district health board means a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000

Director-General means the chief executive under the Public Service Act 2020 of the Ministry of Health; and, in relation to any power or function delegated by that chief executive, includes any person to whom that chief executive has delegated that power or function

on or under water

by air; or

craft means an aircraft, ship, or other device or machine, that can be used to carry or transport people or goods—

contact , in relation to any infectious disease, means any person who has been exposed to risk of infection from an infectious disease

communicable disease includes any infectious disease, and any other disease declared by the Governor-General, by Order in Council, to be a communicable disease for the purposes of this Act

cleansing , in relation to any building, includes lime-washing, papering, painting, and the destruction of vermin

carrier , in relation to any infectious disease, means any person having in his blood, or in his nose or throat, or in his excretions, or in his discharges, the specific infectious agent of that disease, though he may exhibit no other sign or symptom of that disease

animal includes any bird, reptile, amphibian, or insect

aircraft has the same meaning as in the Civil Aviation Act 1990

aerodrome has the same meaning as in the Civil Aviation Act 1990

In this Act, unless the context otherwise requires,—

Compare: 1920 No 45 s 2; 1940 No 17 ss 4, 9, 11(1), 16, 18; SR 1951/282

Section 2(1) aerodrome: amended, on , pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

Section 2(1) aircraft: amended, on , pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

Section 2(1) Board: repealed, on , by section 4(3) of the Health Amendment Act 1988 (1988 No 99).

Section 2(1) chemical works: repealed, on , by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 2(1) communicable disease: amended, on , by section 4(1) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) contact: amended, on , by section 4(2) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) craft: inserted, on , by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) Director-General: replaced, on , by section 2(1) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) Director-General: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).

Section 2(1) district health board: inserted, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) educational institution: inserted, on , by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) educational institution paragraph (b): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 2(1) environmental health officer: replaced, on , by section 2(2) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) epidemic management notice: inserted, on , by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) epidemic notice: inserted, on , by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) health practitioner: inserted, on , by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) health protection officer: replaced, on , by section 2(3) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) health provider: inserted, on , by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) hospital: replaced, on , by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 2(1) inspector: repealed, on , by section 2(3) of the Health Amendment Act 1988 (1988 No 99).

Section 2(1) inspector of health: repealed, on , by section 2(3) of the Health Amendment Act 1988 (1988 No 99).

Section 2(1) local authority: replaced, on , by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) medical examination: inserted, on , by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) medical examination order: inserted, on , by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) medical officer of health: amended, on , by section 2(6) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) medical officer of health: amended, on , by section 2(a) of the Health Amendment Act 1982 (1982 No 34).

Section 2(1) medical practitioner: inserted, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Ministry of Health: inserted, on , by section 2(7) of the Health Amendment Act 1993 (1993 No 24).

Section 2(1) Ministry of Health: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).

Section 2(1) noxious or offensive gas: repealed, on , by section 56(1) of the Clean Air Act 1972 (1972 No 31).

Section 2(1) owner: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 2(1) passenger: inserted, on , by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) personal health: inserted, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) personal health services: inserted, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) port health officer: repealed, on , by section 2(b) of the Health Amendment Act 1982 (1982 No 34).

Section 2(1) premises: replaced, on , by section 4(3) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) public health: inserted, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) public health order: inserted, on , by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) public health risk: inserted, on , by section 4(4) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(1) public health services: inserted, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 2(1) quarantinable disease: replaced, on , by section 4(1) of the Health Amendment Act 2006 (2006 No 86).

Section 2(1) venereal disease: repealed, on , by section 4(5) of the Health (Protection) Amendment Act 2016 (2016 No 35).

Section 2(3): inserted, on , by section 4(2) of the Health Amendment Act 2006 (2006 No 86).

Section 2(4): inserted, on , by section 4(6) of the Health (Protection) Amendment Act 2016 (2016 No 35).