Dr. Guy Hatchard: If we arm ourselves with the facts, we won’t be fooled a second time

New Zealand Pandemic Plan

A framework for action

(Interim update – July 2024)

https://www.health.govt.nz/system/files/documents/publications/interim_nz_pandemic_plan_v2.pdf

Special powers

Special powers are authorised by the Minister of Health or by an epidemic notice or apply where an emergency has been declared under the Civil Defence Emergency Management Act 2002.

The power to detain, isolate or quarantine allows a medical officer of health to ‘require persons, places, buildings, ships, vehicles, aircraft, animals, or things to be isolated, quarantined, or disinfected’ (section 70(1)(f)).

The power to prescribe preventive treatment allows a medical officer of health, in respect of any person who has been isolated or quarantined, to require people to remain where they are isolated or quarantined until they have been medically examined and found to be free from infectious disease, and until they have undergone such preventive treatment as the medical officer of health prescribes (section 70(1)(h)).

The power to requisition premises allows a medical officer of health to requisition premises and vehicles for the accommodation, treatment and transport of patients (section 71(1)).

The closure of premises such as schools can be required under sections 70(1)(1a) and 70(1)(m). This can be made by way of written order to the person in charge of the premises or order published in a newspaper or broadcast by television or radio and able to be received by most households in the district. If specified in the order, premises operating certain infection control measures may be exempted from closure.

Section 71A states that a member of the police may do anything reasonably necessary (including the use of force) to help a medical officer of health or any person authorised by the medical officer of health in the exercise or performance of powers or functions under sections 70 or 71.

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