Without limiting any other enactment or rule of law, and without limiting any other functions of the Ministry or of any other person or body, the Ministry shall have the function of improving, promoting, and protecting public health.

There shall be a Director of Public Health, who shall be appointed under the State Sector Act 1988 by the Director-General.

The Director of Public Health shall have the function of advising the Director-General on matters relating to public health, including—

Nothing in this section—

Without limiting section 43 of the Public Finance Act 1989, the Director-General shall in each year give to the Minister a report on the current state of public health in New Zealand.

The Minister shall lay a copy of the report before the House of Representatives not later than the 12th sitting day of the House of Representatives after the date on which the Minister receives the report.

Without limiting section 3B, the Director of Public Health may from time to time, on the Director’s own initiative (but only after consultation with the Director-General) or at the request of the Minister given after consultation with the Director-General,—

In exercising the functions of the Director under this section, the Director shall not be responsible to the Director-General, but shall act independently.

Nothing in subsection (2) limits the responsibility of the Director of Public Health to the Director-General for the efficient, effective, and economical management of the activities of the Director of Public Health.

There shall be a division of the Ministry called the Public Health Group.

The Public Health Group shall consist of such employees of the Ministry as the Director-General from time to time determines.

The Public Health Group shall have the function of advising the Director-General on matters relating to public health, including—

Nothing in this section—

In order to ensure that the views of the public, persons involved in the provision of personal health services and public health services, and other persons are able to be considered in the formulation of the Public Health Group’s advice to the Director-General under section 3E(3), the Public Health Group shall institute a programme of regular consultation with such members of the public, persons involved in the provision of personal health services and public health services, and other persons as the Director-General (after consultation with the Minister) considers appropriate, but nothing in this section shall be taken to require such consultation before each and every occasion on which such advice is formulated.

The Director-General shall from time to time designate as medical officers of health such persons as, in the opinion of the Director-General, are required.

Each such person designated as a medical officer of health shall be a medical practitioner suitably qualified and experienced in public health medicine.

The Director-General shall, at the time of designation of a medical officer of health, determine the health district or health districts within which the powers and duties of that medical officer of health may be exercised or performed.

The Director-General shall from time to time designate as health protection officers such persons as, in the opinion of the Director-General, are required.

Notwithstanding any other enactment, the Director-General may from time to time designate, as officers who have functions, duties, or powers under any enactment administered by the Ministry that is specified in the designation, such persons as, in the opinion of the Director-General, are required.

Any designation by the Director-General under this section of any person as a medical officer of health, health protection officer, or other officer may be made on such terms and conditions as the Director-General considers appropriate; and that person shall exercise the functions, duties, and powers of that office in accordance with any direction of the Director-General.

Where by virtue of any enactment, a reasonable belief in any particular state of affairs is a prerequisite for the exercise of any power by a medical officer of health, health protection officer, or other officer designated by the Director-General, it shall be sufficient if that officer exercises that power at the direction of the Director-General (or any other person designated by the Director-General for the purposes of this subsection) so long as, at the time of giving the direction, the Director-General or other person held such a belief in that state of affairs.

A medical officer of health for any health district may perform or exercise in that or any other health district any of the functions, duties, or powers of a medical officer of health that relate to contact tracing.

The improvement, promotion, and protection of public health in any outlying islands or other areas that are not for the time being within the jurisdiction of any local authority or of any harbour board shall be a function of the Ministry, which for the purposes of this section shall be deemed to be a local authority.

The powers of the Ministry for the purposes of this section shall be exercisable by the Director-General or by any other officer or officers of the Ministry acting with the authority of the Director-General.

The Governor-General may by Order in Council make regulations for the purpose of giving effect to this section, and by any such Order in Council may apply, with the necessary modifications, any other regulations made under this Act.

Any regulations made for the purposes of this section may prescribe reasonable fees to be payable by the owners or occupiers of lands within any area over which the Ministry has jurisdiction in accordance with this section, for the purpose of recouping the expenditure incurred by the Ministry in the exercise of its functions in such areas. All fees payable in accordance with such regulations shall be recoverable as a debt due to the Crown. For the purposes of this subsection, the term occupier, in relation to any land, includes a person in temporary occupation thereof, whether or not that person is in occupation as of right.

Subject to the provisions of this section and to any regulations for the time being in force thereunder, all expenses incurred by the Ministry in the exercise of its powers and functions under this section shall be paid out of money to be appropriated by Parliament.

For the purposes of this Act, the Director-General may from time to time, by notice in the Gazette, declare New Zealand or any part of New Zealand to be divided into health districts, with such names and boundaries as the Director-General thinks fit.

The boundaries of every health district shall be fixed by reference to the boundaries of the territorial authority districts comprised therein, and shall vary with any alteration in such last-mentioned boundaries.

In no case shall part only of any territorial authority district be included within the boundaries of a health district.

The fact that any medical officer of health or any health protection officer exercises his functions in any health district shall be sufficient evidence of his authority to do so.

Every person who holds the office of Director-General of Health shall, if that person is a medical practitioner suitably experienced and qualified in public health medicine, have all the functions of a medical officer of health, and may exercise those functions in any part of New Zealand.

Every person who holds the office of Director-General of Health and is not a medical practitioner suitably experienced and qualified in public health medicine shall designate a medical practitioner or medical practitioners who is or are employed in the Ministry and who is or are suitably experienced and qualified in public health medicine to exercise the functions of a medical officer of health in any part of New Zealand.

In this section and sections 22C to 22H, unless the context otherwise requires,—

Any person (being an agency that provides services or arranges the provision of services) may disclose health information—

The persons and purposes referred to in subsection (1)(a) are as follows:

For the purposes of principle 11(d) of the Privacy Act 1993, the disclosure of health information about an individual may be authorised—

Information provided or obtained under Part 3A may not be used or disclosed by anyone except as authorised or required under a provision of this Act or another Act.

The Minister may at any time, by notice in writing, require any district health board to provide, in such manner as may from time to time be required, such returns or other information as is specified in the notice concerning the condition or treatment of, or the services provided to, any individuals in order to obtain statistics for health purposes or for the purposes of advancing health knowledge, health education, or health research.

Subject to subsection (3), it is the duty of a district health board to provide the returns or other information specified in a notice given to it under subsection (1) within such time, and in such form, as is specified in the notice.

No information that would enable the identification of an individual may be provided under this section unless—

For the purposes of subsection (3)(a), consent to the provision of information may be given—

The Minister may, at any time, by notice in writing, require a district health board to provide to an entity appointed under section 63 of the Human Tissue Act 2008, in such manner as the Minister specifies in the notice, such information as is specified in the notice, being health information of the kind referred to in paragraph (d) or paragraph (e) of the definition of that term in section 22B.

Every person who holds health information of any kind shall, at the request of the individual about whom the information is held, or a representative of that individual, or any other person that is providing, or is to provide, services to that individual, disclose that information to that individual or, as the case requires, to that representative or to that other person.

A person that holds health information may refuse to disclose that information under this section if—

For the purposes of subsection (2)(a), neither—

shall constitute a lawful excuse for not disclosing information under this section.

Where any person refuses to disclose health information in response to a request made under this section, the person whose request is refused may make a complaint to the Privacy Commissioner under Part 8 of the Privacy Act 1993, and that Part of that Act, so far as applicable and with all necessary modifications, shall apply in relation to that complaint as if the refusal to which the complaint relates were a refusal to make information available in response to an information privacy request within the meaning of that Act.

Nothing in subsection (4) limits any other remedy that is available to any person who is aggrieved by any refusal to disclose information under this section.

In this section, provider means a person who has claimed payment for services from 1 or more of the following:

Every provider must, forthwith after a request by the Director-General or the chief executive of a district health board or of Health Benefits Limited, make available any records of the provider that relate to the services concerned for inspection—

Any person authorised in accordance with subsection (2) to inspect the records of a provider may copy or take notes of those records for the purposes of the inspection.

Notwithstanding any enactment, rule of law, or other obligation, any person may supply to any other person health information that does not enable the identification of the individual to whom the information relates.

Section 22I shall expire with the close of—

whichever is the earlier, and on—

whichever is the earlier, section 22I shall be deemed to have been repealed.

Subject to the provisions of this Act, it shall be the duty of every local authority to improve, promote, and protect public health within its district, and for that purpose every local authority is hereby empowered and directed—

For the purposes of this section, the term sanitary works means—

and includes all lands, buildings, machinery, reservoirs, dams, tanks, pipes, and appliances used in connection with any such sanitary works.

The Minister may, by notice in the Gazette, from time to time require any local authority to provide for the benefit of its district, whether within or beyond the boundaries thereof, such sanitary works as the Minister may specify in the requisition or to alter or extend any sanitary works previously provided by the local authority. Any requisition issued under this subsection may specify a time, not being less than 3 months after the service of the requisition, within which proposals for the carrying out of the work shall be submitted to the Director-General under this section, and may contain such general directions relating to the carrying out of the work, including a direction as to the amount of expenditure to be incurred, as the Director-General thinks fit.

Any 2 or more local authorities may with the Director-General’s approval, and shall if so required by the Director-General, combine for the purpose of providing, altering, or extending any sanitary works pursuant to this section; and where they have combined or have been required to combine for that purpose a requisition under subsection (2) may be issued to them jointly, and any reference in subsections (4) to (9) to a local authority shall be construed accordingly.

Every requisition issued under this section shall be in writing and shall be served on the local authority.

Any such requisition as aforesaid may at any time in like manner be withdrawn or modified by a further requisition under this section:

Any local authority to which a requisition is issued shall within the time specified in the requisition submit to the Director-General proposals for the provision, alteration, or extension of sanitary works in accordance with the requisition. The proposals shall include plans and specifications of the works and all other particulars of the work to be carried out, and an estimate of its cost.

The Director-General may approve the proposals with or without modifications, which may include conditions subject to which the work is to be carried out, and the local authority shall carry out the work in accordance with the proposals as approved.

If the local authority fails to submit proposals within the time specified in the requisition, or if the Director-General does not approve the proposals, the Director-General may himself or herself make proposals, and any proposals so made by the Director-General shall have effect as if made and submitted by the local authority.

Before making or modifying any proposals the Director-General shall send a draft of the proposals or modifications to the local authority and shall give the local authority an opportunity of making representations in relation to the draft. Notice of the Director-General’s final determination on the proposals shall be served on the local authority.

Any expenses actually incurred by the Director-General in making or modifying proposals under this section, together with a reasonable charge for services rendered by any officer or employee of the Director-General or of any government department in connection therewith, shall be defrayed by the local authority concerned in the proposals or, if there are 2 or more local authorities concerned, by those authorities in such proportions as the Director-General may, in default of agreement, determine. The expenses actually incurred may be paid in the first instance out of money appropriated by Parliament for the purpose.

Any expenses so paid and any charges so made for services may be recovered as a debt due from the local authority or authorities to the Crown or may be deducted from any money payable by the Crown to the local authority or authorities.

Any person authorised in writing in that behalf by the medical officer of health may at any time during the office hours of a local authority, but not so as to interfere unreasonably with the carrying out of his duties by any officer of that local authority, inspect all documents in the local authority’s possession relating to any sanitary works which it is proposed, whether under this section or otherwise, to provide, alter, or extend.

The obligation of a local authority to comply with the provisions of this section and with any requisition issued under this section shall not be limited by the fact that the local authority may not be empowered by any Act other than this Act to undertake works of the kind referred to in the requisition.

All sanitary works within the meaning of this Act shall be deemed to be public works within the meaning of the Public Works Act 1981.

Any local authority required by the Minister to provide, alter, or extend any sanitary works under this Act may raise a loan for that purpose.

There may from time to time be paid to any local authority, out of money appropriated by Parliament for the purpose, towards the cost of the investigation, planning, and construction of public water supplies, refuse disposal works, sewerage works, and works for the disposal of sewage by the local authority such sums by way of grant, subsidy, or otherwise as the Minister may think fit in the particular case.

For the purposes of this section, the term local authority includes the Auckland Regional Authority.

For the purposes of this Part, every local authority shall, subject to the provisions of any regulations made under this Act, appoint 1 or more environmental health officers, being not less in any case than the number required in that behalf by the Director-General.

Notwithstanding anything in subsection (1) or in any other enactment, the Minister may at any time, acting on the recommendation of the Director-General, by notice in writing given to 2 or more local authorities, require those local authorities to combine to appoint an environmental health officer upon and subject to such terms and conditions as to payment of the salary and expenses of the environmental health officer, and as to the apportionment of his or her duties among the local authorities, as may be agreed upon between the local authorities:

If the local authorities to whom any such notice is given fail to agree on any question relating to the salary, expenses, or apportionment of duties of any such environmental health officer, the question shall be determined by the Director-General. If any such local authority is dissatisfied with the determination of the Director-General, it may appeal to the Minister against the determination by notice in writing given within 1 month after it has received notice of the Director-General’s determination. Notice of the appeal shall at the same time be given to the other local authorities who are parties to the dispute. On any such appeal the Minister may either confirm the Director-General’s determination or vary it as the Minister thinks fit, and the Minister’s decision shall be final and binding on the parties to the dispute.

Every environmental health officer appointed under subsection (2) shall be deemed for the purposes of this Part to be the environmental health officer for each of the districts of the local authorities by whom he or she is appointed.

While any regulations are in force under this Act prescribing the qualifications to be possessed by persons appointed as environmental health officers, no person shall be appointed by any local authority as an environmental health officer who is not qualified for appointment as such in accordance with those regulations.

If any local authority fails to appoint or to continue to employ such number of environmental health officers as the Director-General may require, or fails to appoint an environmental health officer when required to do so by the Minister as aforesaid, any health protection officer authorised in that behalf by the Director-General may carry out the duties of an environmental health officer within the district of that local authority; and in any such case the salary and expenses of that health protection officer for the period during which he or she so acts, or such proportion thereof as the Director-General may appoint, shall be payable by the local authority, and may be recovered accordingly as a debt due to the Crown, or may be deducted from any money payable to that local authority out of a Crown Bank Account or any departmental bank account.

Notwithstanding anything in the foregoing provisions of this section, any local authority may with the approval of the Director-General, instead of appointing any environmental health officer as aforesaid, pay into a Crown Bank Account from time to time such sums as may be agreed on between the Director-General and the local authority towards the salary and expenses of a health protection officer; and in any such case the powers, functions, and duties of an environmental health officer within the district of that local authority shall be exercised and performed by such health protection officer as for the time being is authorised in that behalf by the Director-General.

No agreement entered into by a local authority for the purposes of subsection (7) shall, except with the concurrence of the Director-General, be terminated unless at least 12 months’ notice in writing of intention to terminate the agreement has been given to the Director-General by the local authority.

Without limiting the meaning of the term nuisance, a nuisance shall be deemed to be created in any of the following cases, that is to say:

Every person by whose act, default, or sufferance a nuisance arises or continues, whether that person is or is not the owner or occupier of the premises in respect of which the nuisance exists, commits an offence against this Act.

Whenever, after any conviction of any offence under this section, the person convicted can lawfully abate the nuisance and fails or neglects, or continues to fail or neglect, to do so, he shall be deemed to have committed a further offence and shall be liable therefor under subsection (1).

The provisions of this Act relating to nuisances shall be deemed not to abridge or affect any right, remedy, or proceeding under any other Act or at law or in equity:

The provisions of this Act relating to nuisances, including any regulations or bylaws thereunder, shall, unless otherwise specifically provided therein, apply to nuisances created by the Government or by any employee thereof in his capacity as such employee.

All proceedings under this Act in respect of nuisances shall be heard and determined by the District Court presided over by a District Court Judge alone.

The court, if satisfied that a nuisance exists on the premises, or that, though abated, it is likely to recur, may by order—

If the court is of opinion that by reason of the nuisance any dwelling or other building is unfit for human occupation, it may, by the same or any subsequent order, prohibit the use thereof for that purpose until the nuisance has been effectively abated to its satisfaction, or until provision has been made to its satisfaction to prevent the recurrence of the nuisance.

Any order made under subsection (3) may be rescinded by the court when it is satisfied that the nuisance has been effectively abated, or, as the case may be, that due provision has been made to prevent its recurrence; but until the order is rescinded it shall not be lawful to let or occupy the house or building to which the order relates.

Every person commits an offence against this Act who makes default in duly complying with any order made under the foregoing provisions of this section.

If the default consists of not doing the works necessary in order to abate the nuisance effectively, or to prevent its recurrence, the local authority, or the medical officer of health on behalf of the local authority, shall cause the works to be done at the expense in all things of the owner and the occupier, who shall be jointly and severally liable for the cost of the works.

If there is no known owner or occupier of the land or premises on which any such nuisance as aforesaid exists, or if the owner or occupier cannot be found, the court may by order direct that the nuisance be abated by the local authority or medical officer of health at the expense of the local authority.

All expenses incurred by or on behalf of the local authority under this section, together with reasonable costs in respect of the services of the local authority, shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred as a debt due to the local authority, and until paid they shall by virtue of this Act be deemed to be a charge on the land on which the premises are situated.

All materials, refuse, and things removed by the local authority or the medical officer of health in abating any such nuisance or doing any such works as aforesaid shall be sold, destroyed, or otherwise disposed of as the local authority or the medical officer of health thinks fit. All money arising therefrom shall be applied in or towards satisfaction of the expenses incurred, and the surplus, if any, shall be carried to the account of the fund or rate applicable to works relating to sanitation, or, if there is no such fund or rate, shall form part of the general funds of the local authority.

In any proceedings under this section the District Court Judge may himself examine the premises or authorise any other person to do so, and may direct the owner and the occupier of any other premises to be summoned in respect of the nuisance, and join them as parties to the proceedings.

Where by reason of the existence of a nuisance on any premises within the district of any local authority immediate action for the abatement of the nuisance is necessary in the opinion of the engineer or environmental health officer of the local authority, the engineer or environmental health officer, with such assistants as may be necessary, and without notice to the occupier, may enter on the premises and abate the nuisance.

All expenses incurred in the abatement of a nuisance under this section shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred, as a debt due to the local authority.

In any case where it appears that a nuisance existing within the district of a local authority is wholly or partly caused by some act or default outside the district, proceedings may be taken against any person in respect of that act or default in the same manner and with the same incidents and consequences as if the act or default were wholly inside the district.

It shall not be lawful for any person to erect or rebuild any building intended for use as a dwellinghouse, or for any person to sell, or let, or sublet, or permit to be occupied as a dwellinghouse, any building or part of a building, unless in every such case sufficient provision is made in accordance with the building code and the Building Act 2004 for the following matters, that is to say:

Every person commits an offence and is liable on conviction to a fine not exceeding $500 who contravenes or fails to comply in any respect with any of the provisions of this section.

Where any building intended for use as a dwellinghouse is erected or rebuilt in contravention of this section, or where any building or part of a building is let or sublet as a dwellinghouse in contravention of this section, the owner of the building, or, in the case of any such subletting as aforesaid, the person for the time being entitled to receive the rent payable in respect of the subletting, shall be liable, in addition to any penalty under the last preceding subsection, to a fine not exceeding $50 for every day during which the building so erected or rebuilt or any part thereof, or, as the case may be, the building or part thereof so let or sublet, is inhabited while not in conformity with the requirements of this section.

If any local authority is of opinion that the cleansing of any premises is necessary for preventing danger to health or for rendering the premises fit for occupation, it may cause an order (in this section referred to as a cleansing order) to be served on the owner or occupier of the premises requiring him to cleanse the same in the manner and within the time specified in the order in that behalf.

If the person on whom the cleansing order is served does not comply therewith, the local authority may cause the premises to be cleansed in the manner specified in the order at the cost in all things of the owner or occupier.

Every person commits an offence against this Act who fails to comply with any cleansing order served on him under this section.

This section shall apply in any case where the medical officer of health, or the engineer of any local authority, or any other officer of a local authority duly authorised in that behalf, gives to the local authority a certificate to the effect—

In any case to which this section applies, the local authority may, and shall if so required by the Director-General, cause to be served on the owner of the premises, or his agent, a notice in writing requiring the owner to carry out any repairs, alterations, or works specified in the notice (hereinafter referred to as a repair notice) within a time to be specified in the notice, and stating that if the notice is not complied with an offence is committed and a closing order may be issued under this section. If the owner is not the occupier of the premises a copy of the notice shall be served on the occupier (if any). A copy of the notice shall also be served on every person having a registered interest in the land under any mortgage or other encumbrance.

Where any such notice is not complied with to the satisfaction of the local authority, the local authority may, and shall if so required by the Director-General, issue an order (hereinafter referred to as a closing order) prohibiting the use of the premises for human habitation or occupation from a time to be specified in the order (being not less than 21 days after the issue of the order) until such repairs, alterations, or works as may be specified in the closing order have been carried out to the satisfaction of the local authority. The closing order shall be served forthwith on the occupier of the premises; and if the occupier is not the owner a copy shall be served on the owner or his agent. If the premises are unoccupied, the closing order shall be served on the owner or his agent. A copy of the closing order shall also be served on every person having a registered interest in the land under any mortgage or other encumbrance.

Notwithstanding anything in subsection (2) or subsection (3), the Director-General may in any case to which this section applies, if in his opinion a closing order should be issued immediately, direct the local authority to issue a closing order under the said subsection (3) without first giving notice under the said subsection (2); and thereupon the local authority shall issue and serve a closing order accordingly.

If the owner of any premises to which this section applies cannot be found, or is out of New Zealand and has no known agent in New Zealand, the occupier (if any) of the premises shall be deemed for the purposes of this section to be the agent of the owner.

Without limiting anything in subsections (3) and (4), every owner commits an offence against this Act who fails without reasonable excuse to comply with a repair notice served on the owner under subsection (2).

The owner or occupier of any premises in respect of which a closing order is issued, or any person having a registered interest in the land under any mortgage or other encumbrance, may appeal against the closing order by applying to the District Court, within 14 days after the service on him of the closing order, or, as the case may be, the copy of the closing order, for an order cancelling or modifying the closing order.

Pending the determination of any such application the closing order shall be deemed to be suspended.

On the hearing of the application the court, whose decision shall be final, may cancel the closing order, or may confirm it either absolutely or subject to such modifications and conditions as the court thinks fit.

Every application to the court under this section shall be made and dealt with by way of originating application, on notice, under the rules of procedure for the time being in force under the District Court Act 2016, and the provisions of those rules shall apply accordingly.

Where a local authority fails to issue a repair notice or a closing order when required or directed to do so under section 42, the medical officer of health, when authorised to do so by the Director-General, may issue a repair notice or, as the case may require, a closing order, which shall be served in the same manner and shall have the same effect, and, in the case of a closing order, shall be subject to appeal in the same manner, as if it were a repair notice or a closing order issued by the local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.

All costs incurred by or against the medical officer of health on any appeal under this section shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable by the Crown to the local authority.

As soon as the repairs, alterations, or works specified in a closing order have been carried out to the satisfaction of the Engineer or other authorised officer of the local authority or, as the case may require, the medical officer of health, the local authority or medical officer of health shall cancel the closing order, which shall then cease to have any force or effect.

Every person aggrieved by any refusal or failure of the local authority or medical officer of health to cancel a closing order under this section may appeal against that refusal or failure by applying to the District Court for an order cancelling the closing order.

Every such application to the court shall be made and dealt with in the same manner as if it were an appeal against the issue of a closing order.

On the hearing of any such application the court, whose decision shall be final, may make such order as it thinks fit.

This section shall apply to any premises, including any dwellinghouse, owned by any local authority.

Where in respect of any premises to which this section applies the medical officer of health gives to the Director-General a certificate to the effect of any of the provisions of paragraphs (a), (b), and (e) of subsection (1) of section 42, the Director-General may cause to be served in respect of the premises a repair notice and, in default of compliance therewith by the local authority, a closing order. A repair notice and a closing order under this section shall be served in the same manner and shall have the same effect and, in the case of a closing order, be subject to appeal and be cancelled in the same manner, as if it were a repair notice or a closing order issued by a local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.

Every person commits an offence against this Act who, being the owner or occupier of any premises in respect of which a closing order is in force—

Where, by or under any of sections 41, 42, 44, and 46, the owner of any dwellinghouse or other premises is required to do any act or thing and the owner fails or refuses to do that act or thing, any mortgagee of the land on which the dwellinghouse or other premises is situated may do the act or thing.

Notwithstanding any covenant or agreement to the contrary, any expenses incurred by any mortgagee pursuant to this section shall be recoverable by the mortgagee from the owner as a debt due to the mortgagee by the owner.

Without limiting subsection (2), on notice in writing to the mortgagor by the mortgagee, any such expenses incurred by the mortgagee shall be deemed to be added to the principal sum owing under the mortgage and to be secured thereby; and, if the mortgagor is not the owner, the amount so deemed to be added shall be recoverable by the mortgagor from the owner as a debt due to the mortgagor by the owner.

The exercise by a mortgagee of the powers conferred by this section shall not relieve any person from liability to any penalty for failure to comply with the requirements of any of the provisions of this Act specified in subsection (1).

In this section the term mortgagee, in relation to a dwellinghouse, means a mortgagee of the land under a mortgage that is registered under the Deeds Registration Act 1908 or the Land Transfer Act 2017, or in respect of which a caveat is lodged with the Registrar-General of Land; and includes the holder of any charge on the land that is duly registered pursuant to subpart 5 of Part 3 of the Land Transfer Act 2017.

Where any owner who is a trustee is served with an order or a notice under any of sections 41, 42, 44, and 46, he may, notwithstanding anything to the contrary in the instrument (if any) creating the trust,—

A local authority may make advances to any owner upon whom an order or notice is served under any of sections 41, 42, 44, and 46 to enable that owner to comply in all respects with the requirements of the order or notice.

No person shall establish any offensive trade within the district of any local authority, or erect or extend any premises for the purposes of or in connection with any offensive trade, except with the prior consent in writing of the local authority and of the medical officer of health and subject to such conditions as the local authority or the medical officer of health may impose. For the purposes of this subsection a person who recommences an offensive trade in any premises after not less than 2 years’ disuse of those premises for the purposes of any such trade shall be deemed to establish an offensive trade.

Where any local authority consents to the establishment of any offensive trade under this section, and the premises or proposed premises on which the offensive trade is to be carried on are or will be situated within 8 kilometres of any part of the boundary of the district of any other local authority, the consenting local authority shall forthwith give notice in writing to that other local authority of the fact that the consent has been given. In any such case, the consent shall not take effect until after the expiry of 3 months from the date of the notice or, if within that period that other local authority gives notice of appeal under section 55, until the appeal is heard and the consent is confirmed by the District Court:

No person shall carry on any offensive trade except on premises for the time being registered by the local authority in accordance with regulations made under this Act.

No person shall carry on any offensive trade established in contravention of subsection (1), or carry on any offensive trade in any premises erected or extended in contravention of that subsection.

Any local authority may, in its discretion, refuse to register or to renew the registration of any premises under this section, and, subject to any regulations made under this Act, may impose such conditions as it thinks fit in respect of the registration or renewal of registration of the premises.

Every person who acts in contravention of or fails to comply in any respect with any provision of this section or any condition prescribed under this section commits an offence and is liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day on which the offence has continued.

Nothing in this section relating to local authorities (including consents and registration) shall apply to any offensive trade where a resource consent for that activity has been granted under the Resource Management Act 1991.

This section applies if—

A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.

If a local authority consents to the establishment of an offensive trade that will be located within 8 kilometres of the boundary of the district of any other local authority, that other local authority may appeal the decision to the District Court.

An appeal under this section must be brought within 3 months after the date on which the person or the other local authority is notified of the decision.

No person shall establish any stock saleyard within the district of any local authority, or extend any stock saleyard, except with the prior consent in writing of the local authority and of the medical officer of health and subject to such conditions as the local authority or the medical officer of health may impose. For the purposes of this subsection a person who uses any premises as a stock saleyard after not less than 2 years’ disuse of those premises for the purposes of such a saleyard shall be deemed to establish a stock saleyard.

No person shall use any premises as a stock saleyard unless the premises are for the time being registered by the local authority as a stock saleyard in accordance with regulations made under this Act.

Any local authority may refuse to register or to renew the registration of any premises under this section if—

Every person who acts in contravention of or fails to comply in any respect with any provision of this section or any condition prescribed under this section commits an offence and is liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day on which the offence has continued.

For the purposes of this section, the expression stock saleyard means any premises used or intended to be used as a saleyard for cattle, horses, sheep, swine, or goats.

This section applies if—

A person who is refused consent, or registration or renewal of registration, may appeal to the District Court.

An appeal under this section must be brought within 3 months after the date on which the person is notified of the decision.

Every local authority may, for the purposes of this Act, make bylaws for all or any of the following matters, namely:

The powers conferred by this section are in addition to the powers conferred on any local authority by any other Act.

With respect to bylaws under this Act the following provisions shall apply:

A local authority may not make any bylaw under this Act that purports to have the effect of requiring any building to achieve performance criteria additional to or more restrictive than those specified in the Building Act 2004 or the building code.