This Act is the Epidemic Preparedness Act 2006.

This Act comes into force on the day after the date on which it receives the Royal assent.

The principal purpose of this Act is to ensure that there is adequate statutory power for government agencies—

This Act also has the following purposes:

In this Act,—

For the purposes of this Act,—

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

With the agreement of the Minister of Health, the Prime Minister may, by notice, declare that he or she is satisfied that the effects of an outbreak of a stated quarantinable disease (within the meaning of the Health Act 1956) are likely to disrupt or continue to disrupt essential governmental and business activity in New Zealand (or stated parts of New Zealand) significantly.

Subsection (1) applies whether the outbreak is occurring within New Zealand or overseas.

If not renewed under section 7(1), the notice expires on the earliest of the following:

The Prime Minister must not give the notice except on, and after considering, the written recommendation of the Director-General of Health.

While the notice is in force, further notices may be given modifying its effect—

After the notice expires, a new notice can be given in respect of the same disease.

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If a notice is made under this section,—

This subsection applies to an epidemic notice if, when it is given,—

If subsection (1) applies to an epidemic notice,—

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.

If subsection (3) applies to an epidemic notice,—

With the agreement of the Minister of Health, the Prime Minister may, by notice given before an epidemic notice expires, renew that notice.

The Prime Minister must not give a notice under subsection (1)—

If renewed under subsection (1), an epidemic notice expires on the earliest of the following:

A notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If a notice is made under this section,—

While an epidemic notice is in force (or when making an epidemic notice), the Prime Minister may, with the agreement of the Minister responsible for the administration of the enactment concerned, by notice (stating the name of the quarantinable disease stated in the epidemic notice), state—

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.

A notice under subsection (1) expires when the epidemic notice concerned expires or is revoked.

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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.

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.

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.

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) relating to the enactment, the Prime Minister must, by notice, revoke the part of the notice stating the matter (or, as the case requires, the notice).

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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) any requirement or restriction imposed by any enactment administered by the Ministry of Health.

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).

A modification of a requirement or restriction—

Subsection (3) does not limit subsection (1).

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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) any requirement or restriction imposed by the enactment.

The Minister must not recommend the making of the order unless he or she—

Subsection (1) does not authorise—

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.

A modification of a requirement or restriction—

Subsection (5) does not limit subsection (1).

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A modification made by a prospective modification order—

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.

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).

A modification of a requirement or restriction—

Subsection (3) does not limit subsection (1).

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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.

The Minister must not recommend the making of an order unless he or she—

Subsection (1) does not authorise—

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.

A modification of a requirement or restriction—

Subsection (5) does not limit subsection (1).

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Every immediate modification order must be presented to the House of Representatives as soon as is practicable after it is made.

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.

A resolution to disallow an immediate modification order is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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.

An immediate modification order that is disallowed under section 18 is revoked at the close of the day after the day on which the House of Representatives resolves to disallow it.

If the House of Representatives resolves to disallow an immediate modification order, the Clerk of the House of Representatives must promptly give written notice of the disallowance to the Prime Minister.

The notice must show the date on which the resolution was agreed to and be accompanied by the text of the resolution.

The notice is conclusive evidence of the day on which the resolution was agreed to.

An immediate modification order cannot be disallowed under Part 5 of the Legislation Act 2019 if a notice of motion under this Act to disallow it—

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.

A modification order not stating that it applies to the whole of New Zealand—

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.

This subsection applies to—

A modification—

Subsection (3) does not limit subsection (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.

A modification made under this section—

Subsection (2) does not limit subsection (1).

A modification made under this section—

In this section,—

No doctrine, defence, or rule of impossibility or necessity (for example, those embodied in the maxims lex non cogit ad impossibilia and nemo tenetur ad impossibile) is limited or affected by—

The enactments referred to in subsection (1) are the Health Amendment Act 2006, the Immigration Amendment Act (No 2) 2006, the Parole Amendment Act 2006, the Sentencing Amendment Act (No 2) 2006, the Social Security Amendment Act 2006, and the Summary Proceedings Amendment Act (No 2) 2006.

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.