Every medical practitioner who has reason to believe that any person professionally attended by him (in this section referred to as the patient) is or may be suffering from tuberculosis shall forthwith give notice in the prescribed form to the medical officer of health, and shall indicate in the form—

If the medical practitioner is satisfied that the patient is suffering from tuberculosis in an active form and is likely to infect others, he shall forthwith—

Every medical practitioner who by post-mortem examination or otherwise becomes aware that any deceased person was at the time of his death suffering from tuberculosis shall forthwith give notice in the prescribed form to the medical officer of health.

Every medical practitioner commits an offence against this Act who, without lawful excuse, fails to comply with any provision of this section.

Subject to the provisions of any regulations under this Act, whenever it is intended that any tuberculous person who is an inpatient in any institution should cease to be an inpatient, the medical officer or other person for the time being in charge of the institution shall, unless that person is leaving the institution with the prior approval of the medical officer of health, give notice in writing to the medical officer of health of the intended departure of that person and of the date on which it is intended that he should leave the institution and, if practicable, of the address at which he intends to reside after so leaving. The notice shall, in every case where it is practicable so to do, be given not less than 7 days before the date on which it is intended that the person should so leave.

Where any such person leaves as aforesaid without the prior approval of the medical officer of health and before notice is given pursuant to subsection (1), or leaves after such notice is given but before the date specified in the notice, the medical officer or other person for the time being in charge of the institution shall forthwith notify the medical officer of health of the departure of that person and, if practicable, of any address at which that person may be found.

Every medical officer or other person for the time being in charge of any institution who, without lawful excuse, fails to comply with any of the provisions of this section commits an offence against this Act.

When any person on board a home trade ship in any harbour in New Zealand is suffering from any sickness of which the symptoms create a reasonable suspicion that it is tuberculosis, it shall be the duty of the master of the ship to notify the medical officer of health of the fact that there is on board the ship a person suspected of suffering from tuberculosis.

For the purposes of this section,—

It shall be the duty of every medical officer of health, forthwith after the receipt by him of any notice, given pursuant to subsection (1) of section 3, that any person is suspected of suffering from tuberculosis, to make such inquiries and do all such things as he deems necessary to ascertain whether or not the person to whom the notice relates is suffering from tuberculosis.

It shall be the duty of every medical officer of health, when he is satisfied that any person is suffering from tuberculosis, to do all such things as he deems necessary to ensure, so far as may be possible,—

For the purposes of this section, and for the purpose of preventing or limiting or eradicating the infection of tuberculosis, the medical officer of health shall have the powers conferred upon him by this Act, and all such other powers as may reasonably be considered incidental thereto or as may be prescribed by regulations under this Act.

If in the opinion of the medical officer of health it is necessary or expedient, for the purpose of giving effect to any of the provisions of this Act, that any premises in which there resides, or recently resided, any person believed or suspected by him to be suffering from tuberculosis, or any contact of any such person, should be inspected and inquiries made therein, and permission to enter on the premises is refused by the occupier or any person for the time being in charge thereof, the medical officer of health, or any medical practitioner, district nurse or health protection officer under the Health Act 1956 authorised by him in that behalf, may at all reasonable times enter on the premises and inspect them and make such inquiries as he deems necessary.

If with respect to any person who is suffering from tuberculosis or any contact of any such person the medical officer of health has reason to believe or suspect that the source of the infection is in any premises in which that person or contact works, and is of opinion that for the purposes of this Act the premises should be inspected and inquiries made therein, and permission to enter on the premises is refused by the occupier or any person for the time being in charge of the premises, the medical officer of health, or any medical practitioner, district nurse or health protection officer under the Health Act 1956 authorised by him in that behalf, may enter at all reasonable times upon those premises and inspect them and make such inquiries as he deems necessary.

For the purposes of section 7, in any case where the medical officer of health has reason to believe that any person is or may be suffering from tuberculosis and has refused or failed to undergo any medical or other examination in respect thereof, he may from time to time, by notice in writing, require that person to undergo, within a period to be specified in the notice, such medical, X-ray, and bacteriological examinations as may be prescribed.

Any notice under subsection (1) may specify any institution or tuberculosis clinic as the place where any such examination as aforesaid is to be undergone. If in any such case—

it shall be sufficient compliance with the notice if the person undergoes the examination, within the period specified in the notice, at the hands of any medical practitioner approved for the purpose by the medical officer of health.

Where any person who is required to undergo any such examination as aforesaid is a child the notice shall be given to a parent or guardian or some other person for the time being in charge of the child, and it shall be the duty of the person to whom the notice is so given to do all such things as may be necessary to comply with the notice in respect of that child.

Every person commits an offence against this Act who, without lawful excuse, fails to comply with any notice given to him under this section.

Whenever the medical officer of health has reason to believe that any tuberculous person refuses or has failed to take reasonable precautions to prevent the spread of the infection of tuberculosis, he may by notice in writing require that person to do such things, to be specified in the notice, as may in the opinion of the medical officer of health be necessary to ensure that such precautions as aforesaid are taken.

Where in respect of any tuberculous person who is a child the medical officer of health has reason to believe that any parent or guardian or other person for the time being in charge of the child refuses or has failed to do any thing necessary to ensure that reasonable precautions are taken to prevent the spread of the infection, he may by notice in writing require that parent, guardian, or other person to do such things, to be specified in the notice, as may in the opinion of the medical officer of health be necessary to ensure that such precautions as aforesaid are taken.

It shall be the duty of every person to whom a notice is given under this section to comply with the notice and with all other reasonable requirements in writing of the medical officer of health for the purposes of this section.

Every person commits an offence against this Act who contravenes or fails to comply in any respect with any notice given to him under this section or with any such requirement as aforesaid.

For the purposes of this Act, the Minister may, in addition to exercising any other powers conferred upon him by this or any other Act,—

Where the medical officer of health is satisfied that any person suffering from tuberculosis (in this section referred to as the patient) is in an infectious condition, and—

the medical officer of health may apply to a District Court Judge, who may order the patient to be removed to an institution or some other suitable place where he can be properly attended and treated and to be detained there for such period, not exceeding 3 months, as the District Court Judge thinks fit; or, if the patient is an inpatient in an institution and proposes, contrary to the advice of the medical officer of health or of a medical officer of the institution or of a medical practitioner, to leave the institution, order him to be detained in the institution or in some other institution or suitable place for such period, not exceeding 3 months, as the District Court Judge thinks fit.

At any time while any patient is detained pursuant to any order for the time being in force under this section, the medical officer of health, on being satisfied that the conditions which led to the patient’s detention being ordered will again exist if he is not detained for a further period, may apply to a District Court Judge, who may order the detention of the patient for a further period, not exceeding 3 months in the case of each succeeding order.

Where an application for an order is made under this section the medical officer of health shall give to the patient, or to some person having the care of the patient, not less than 3 clear days’ notice in writing of the time and place at which the application will be heard.

At any time after the expiration of 6 weeks from the date of any order for the time being in force under this section, the patient, or any person acting on behalf of and with the consent of the patient, may apply to a District Court Judge for the rescission of the order, and the District Court Judge may, if he thinks fit, rescind the order. Where any application is made under this subsection the person making the application shall give to the medical officer of health not less than 3 clear days’ notice in writing of the time and place at which the application will be heard.

Where any application is made under this section the District Court Judge shall require the patient to be examined by 2 medical practitioners appointed by him for the purpose.

Subject to the provisions of this section, and to the decision of the Judge on any appeal under the next succeeding section, every order under this section shall be final and binding on all parties.

An order under this section may be addressed to the medical officer of health or such other person as the District Court Judge thinks expedient, and the person to whom the order is addressed may do all acts necessary for giving effect to the order.

The medical officer or other person in charge of any institution or other place to which any patient is ordered to be removed as aforesaid shall, on the presentation of the order, receive the patient and arrange for his medical treatment, and shall do such other acts as may be necessary for giving effect to the order.

Subject to the provisions of subsection (9), while any order under this section for the detention of a patient in any institution or other place continues in force, the medical officer or other person in charge of the institution or place shall detain the patient or cause him to be detained in that institution or place, by force if necessary.

At any time while any patient is detained in any institution or other place pursuant to an order for the time being in force under this section, a District Court Judge may, if he thinks fit, on the application of the medical officer of health or of the medical officer or other person in charge of the institution or place, order the patient to be removed to another institution or suitable place and to be detained there while the first-mentioned order continues in force. The provisions of subsections (3) to (8A) and subsections (10) to (12A) shall, so far as applicable and with the necessary modifications, apply with respect to every application and every order made under this subsection.

No person who is removed to or detained in any institution or other place pursuant to an order under this section shall, while the order continues in force, leave or attempt to leave the institution or place.

Every person commits an offence against this Act who—

Every person who knowingly assists any other person in committing or attempting to commit an offence under this section shall be deemed to have committed an offence against this Act.

If any person who is removed to or detained in any institution or other place pursuant to an order under this section leaves the institution or place while the order continues in force, then (without prejudice to any proceedings that may be taken against him or any other person in respect of an offence under this section) that person may be arrested by an officer of the Ministry of Health or by any member of the staff of that institution or place or by any constable without warrant and delivered forthwith, by force if necessary, to the same or another suitable institution or place. If in any such case the patient is delivered to any institution or place other than that to which the order relates, the person by whom he was arrested shall, as soon as may be practicable, cause him to be removed to the institution or place to which the order relates. Until he is so removed the institution or place to which he was so delivered shall be deemed for the purposes of this section to be an institution or place to which the order relates, and the provisions of this section shall apply accordingly.

Amendment(s) incorporated in the Act(s).

Any person in respect of whom any order is made under section 16, or in respect of whom an application for the rescission of an order is made under subsection (4) of that section, may, within 7 days after the making of the order or, as the case may be, the decision of the District Court Judge refusing the application, or within such further time as the District Court Judge may in his discretion allow, appeal to a Judge of the High Court, in chambers, against the order or decision.

On the hearing of the appeal the Judge may confirm, modify, or reverse the order or decision of the District Court Judge, and the Judge’s decision shall be final and binding on all parties.

Subject to the provisions of this section, the procedure on the appeal shall be such as is prescribed by regulations under this Act, and, in so far as those regulations do not extend, shall be in accordance with the rules relating to appeals to the High Court against final determinations of District Courts in their civil jurisdiction.

Tuberculosis shall not be deemed to be an infectious or notifiable disease within the meaning of the Health Act 1956.

Notwithstanding anything contained in subsection (1), the provisions of sections 82, 83, 86, and 87 of the Health Act 1956 shall continue to apply in all respects as if tuberculosis were an infectious disease under that Act.

Amendment(s) incorporated in the Act(s).

The Notifiable Diseases Order 1940 is hereby revoked.

For the purpose of advising persons undergoing treatment or otherwise under medical care or supervision by reason of their suffering or having suffered from tuberculosis and desiring to undertake employment, or work on their own account, of a kind suited to their physical condition, age, experience, and general qualifications, the Minister may make such arrangements as may be necessary with the Minister of Education and the State Services Commission for the services of vocational guidance officers of the Ministry of Education to be made available at any sanatorium, tuberculosis clinic, or other institution. In the exercise of his functions under this section every vocational guidance officer shall be under the general supervision of the tuberculosis officer of the institution or, if there is no such tuberculosis officer, of the medical officer for the time being in charge of the institution.

For the purpose of enabling persons undergoing treatment or otherwise under medical care or supervision by reason of their suffering or having suffered from tuberculosis to undertake employment, or work on their own account, of a kind suited to their physical condition, age, experience, and general qualifications, the Minister may make arrangements with any government department or any body of persons for the establishment and maintenance of vocational training or industrial rehabilitation centres, and for the provision, under adequate medical supervision, of vocational training or industrial rehabilitation courses for such persons as aforesaid at such places as he thinks fit, whether at sanatoria, tuberculosis clinics, or other institutions or elsewhere.

The Minister may make such provision as he thinks fit—

The Minister may make arrangements with any government department or any body of persons for the making of such provision as aforesaid.

Where any person contracts tuberculosis while employed in any institution on nursing duties or on such other duties or classes of duties as may be prescribed, and the incapacity or death of that person results from that disease, then, notwithstanding anything contained in section 19 of the Workers’ Compensation Act 1956, compensation shall be payable under that Act in respect of the incapacity or death of that person in all respects as if the disease were a personal injury by accident arising out of and in the course of that employment, and the provisions of that Act, including the said section 19 (except subsections (1) to (3) thereof), shall, so far as applicable and with the necessary modifications, apply accordingly.

Subject to section 5 and subsection (6) of section 67 of the Accident Compensation Act 1972, but notwithstanding any other provision of the said section 67 or anything in subsection (1) of this section, if—

cover shall exist, rehabilitation assistance shall be given, and compensation shall be payable, under that Act, in respect of the incapacity or death of that person in all respects as if the disease were a personal injury by accident arising out of and in the course of that employment, and compensation shall not be payable under the Workers’ Compensation Act 1956, and the provisions of the Accident Compensation Act 1972 (except subsections (1) to (4) of the said section 67) shall, so far as applicable and with the necessary modifications, apply accordingly.

Where any person to whom this section applies is found to be suffering from tuberculosis at any time while he is employed as aforesaid or at any time within 2 years after having ceased to be so employed, that person shall, until the contrary is proved, be presumed for the purposes of this section to have contracted tuberculosis while so employed.

For the purposes of this section, any vocational guidance officer of the Ministry of Education acting as such, pursuant to section 20, at any sanatorium, tuberculosis clinic, or other institution and any schoolteacher engaged in teaching at any hospital class at any institution shall be deemed to be employed in the institution on duties to which subsection (1) applies.

Without limiting or affecting in any way the application of the foregoing provisions of this section, it is hereby declared that this section shall extend and apply with respect to any person who, while employed as aforesaid, has contracted tuberculosis before the date of the commencement of this Act and—

Notwithstanding anything contained in subsection (5) of section 19 of the Workers’ Compensation Act 1956, where the incapacity of any person to whom this section applies has commenced before the date of the commencement of this Act, then, for the purposes of sections 52 and 53 of the Workers’ Compensation Act 1956 (which relate to the giving of notice and the limitation of actions), that incapacity shall be deemed to have commenced on that date.

A person who does any act in pursuance or intended pursuance of any of the provisions of this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted in bad faith or without reasonable care.

No proceedings, civil or criminal, shall be brought against any person in any court in respect of any such act except by leave of a Judge of the High Court, and such leave shall not be granted unless the Judge is satisfied that there is substantial ground for the contention that the person against whom it is sought to bring the proceedings has acted in bad faith or without reasonable care.

Notice of any application under the last preceding subsection shall be given to the person against whom it is sought to bring the proceedings, and that person shall be entitled to be heard against the application.

Leave to bring such proceedings shall not be granted unless application for such leave is made within 6 months after the act complained of, or, in the case of a continuance of injury or damage, within 6 months after the ceasing of the injury or damage.

In granting leave to bring any proceedings as aforesaid, the Judge may limit the time within which such leave may be exercised.

Every person commits an offence against this Act who in any way resists, obstructs, or deceives any other person in the exercise of any powers conferred upon that other person by or pursuant to this Act.

Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section shall be liable to a fine not exceeding $40 and (if the offence is a continuing one) to a further fine not exceeding $4 for every day during which the offence continues.

Except as otherwise expressly provided in any regulations under this Act, any notice required or authorised under this Act to be given to any person may be delivered to him either personally or by sending it to his last known place of abode or business by messenger or by ordinary post or by registered letter.

Any notice that is so sent by registered letter shall be deemed to have been delivered at the time when the registered letter would in the ordinary course of post be delivered.

Notwithstanding anything in the foregoing provisions of this section, a District Court Judge may in any case make an order directing the manner in which any notice is to be delivered, or dispensing with the delivery thereof, or varying the time within which any notice is required by this Act to be given.

All moneys payable and expenses incurred by the Minister or any government department under this Act or in the administration thereof shall be payable out of moneys appropriated by Parliament for the purpose.

The Governor-General from time to time, by Order in Council, may make regulations for any purpose for which regulations are contemplated by this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.

Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes: