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s 44A

Executive Director, Public Health responsible for public health matters

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44A Executive Director, Public Health responsible for public health matters

(1)

In this section —

Executive Director, Public Health has the meaning given in the Health Act 1911 section 3;

public health means the health of individuals in the context of —

(a)

the wider health of the community; and

(b)

the combination of safeguards, policies and programmes designed to protect, maintain, promote and improve the health of individuals and their communities and to prevent and reduce the incidence of illness and disability.

(2)

For the purposes of protecting, promoting and improving public health in relation to any designated land, the Executive Director, Public Health has all the powers and authority of a local government under the Local Government Act 1995 as if —

(a)

the designated land were a district for the purposes of that Act; and

(b)

the Executive Director, Public Health were the local government for that district.

(3)

The power and authority conferred on the Executive Director, Public Health by subsection (2) includes the power to make and enforce local laws under the Local Government Act 1995.

(4)

However —

(a)

nothing in the Local Government Act 1995 Part 3 Division 2 Subdivision 2 (other than sections 3.12(5) and (8), 3.14(1) and 3.15) applies to or in respect of the making of local laws by the Executive Director, Public Health; and

(b)

before making local laws, the Executive Director, Public Health must consult with the Authority, and consider any advice provided by the Authority.

(5)

If there is a conflict or inconsistency between a local law made by the Executive Director, Public Health under subsection (2) and a local law made by a local government under the Local Government Act 1995 or any other Act, the local law made by the Executive Director, Public Health prevails to the extent of the conflict or inconsistency.

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