Law Reform (Epidemic Preparedness) Amendment Bill
The purpose of this Bill is to ensure that, should there be a human outbreak of avian influenza, or an outbreak of a similar infectious disease capable of becoming an epidemic, the Crown has powers available to it that will ensure a proper response can be made.
The Bill aims to address some of the gaps in the Crown’s statutory powers under the Health Act 1956. It seeks to repeal certain provisions in the Health Act 1956. It also seeks to repeal certain provisions in the Health (Quarantine) Regulations 1983 and to insert those provisions into the Health Act 1956. The Bill seeks to amend a number of other enactments dealing with matters that may be disrupted by, or may be necessary to deal specifically with, the consequences of an epidemic.
One of the proposed amendments is to the RMA so that, following the gazetting of an epidemic notice, activities carried out under the Health Act 1956 to remove the cause of an infectious disease or to mitigate its effects (such as community treatment centres and mass graves), can be undertaken without needing to comply immediately with resource consent requirements under the RMA.
The person undertaking the activity must, within five working days after it begins, advise the consent authority that it has been undertaken. If the activity has continuing adverse effects, then resource consents must be applied for within three months. If consents are applied for, the activity can continue until the application for consents and any appeals have been finally determined. If consents are not applied for, then the activity can continue for three months only. The Minister for the Environment can, however, extend the three month period by periods of up to 21 months in total. If consents are not eventually obtained for an activity with continuing adverse effects, then the powers in the RMA to require people to take action in respect of things done without a resource consent will be available.
Useful resources:
- Law Reform (Epidemic Preparedness) Bill
- Health Act 1956
- Ministry of Health Pandemic and influenza information
- Media release: Pandemic preparedness legislation introduced
For information on the progress of this Bill see the Select Committee website.
Last updated: 6 May 2008
