Border health legislation

Aotearoa New Zealand’s border health legal framework is based on the Health Act 1956 and supporting regulations. These give health officers powers to detect, manage, and prevent public health risks arriving via aircraft, vessels, people or cargo.

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Health Act 1956 — key powers used at the border

The Health Act 1956 includes provisions to support the management of public health risks at the border. Specific parts relating to health at the border include:

  • Part 3 (Infectious and notifiable diseases)
  • Part 3A (Management of infectious diseases)
  • Part 4 (Quarantine).

Routine powers (Part 3)

Used for suspected notifiable infectious diseases. Includes powers to:

Special powers (Part 3)

Special powers for a medical officer of health need authorisation before they can be used. Authorisation needs to come from either:

  • the Minister of Health
  • an epidemic notice from the Prime Minister under the Epidemic Preparedness Act 2006
  • a state of emergency being declared under the Civil Defence Emergency Management Act 2002.


Special powers allow medical officers of health to:

Quarantine and border specific powers (Part 4)

These are the core border powers for vessels and aircraft. Most of these only apply in very closely defined circumstances.

Infectious disease management powers (Part 3A)

Part 3A contains a range of infectious disease controls. These are not border specific but can be used when managing public health risks at the border.

Includes powers to:

Guidance on infectious disease management provisions in Part 3A

Guidance on Infectious Disease Management under the Health Act 1956 — Ministry of Healthexternal link

Health (Quarantine) Regulations 1983

Sets out requirements for arriving aircraft and ships when entering New Zealand such as health quarantine clearance (pratique).

Health (Quarantine) Regulations 1983external link

Health (Quarantine Inspection Places) Notice 2014

Identifies locations of quarantine inspection places in New Zealand harbours. These are contingency locations where ships liable to quarantine can be taken while awaiting inspection by a health officer. These are separate from business-as-usual port facilities. 

Health (Quarantine Inspection Places) Notice 2014external link

Other legislation related to border health

Other legislation administered by other agencies is relevant for border health protection. Public health officers either help  enforce such legislation or work closely with other agencies if advice on public health risks is required. 

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Provides the framework for Ministry for Primary Industries and other government agencies to help keep harmful organisms out of New Zealand such as exotic mosquitoes. Some Health Protection Officers are appointed as Authorised or Accredited persons under this Act.

Biosecurity Act 1993 | New Zealand Legislationexternal link

Includes controls on the movement of hazardous substances and organisms through the border. Health Protection Officers and Medical Officers of Health are appointed enforcement officers under this Act, to provide public health advice, and can declare emergencies when this is needed.

Hazardous Substances and New Organisms Act 1996 | New Zealand Legislationexternal link

Provides the tools to protect people and the environment from the harmful effects of ionising radiation. The Act also covers controls on the import and export of radioactive material.

Radiation Safety Act 2016 | New Zealand Legislationexternal link

Provides for the administration and enforcement of customs controls at the border, sets out the obligations of those involved in border crossings, and describes the powers of Customs in relation to goods, persons, or craft. Some border health processes such as health (quarantine) clearance process for arriving ships link closely with the processes in this Act. Health officers work closely with customs officer when public health threats arise at the border.

Customs and Excise Act 2018 | New Zealand Legislationexternal link

Includes controls on the import and export of food through New Zealand’s border. Providing safe food at ports and airports is a requirement under the International Health Regulations 2005.

Food Act 2014 | New Zealand Legislationexternal link

Aims to ensure a safe and secure civil aviation system and helps ensure New Zealand meets its international obligations. Some threats have wider public health implications and health officers provide advice when needed.

Civil Aviation Act 2023 | New Zealand Legislationexternal link

Sets out the legal framework for maritime safety, including licensing of ships and crew, investigation of maritime accidents, and controls around oil spills. The Act also provides for maritime rules that set detailed standards and requirements including those relating to the safety of ships and people. Public health officers provide advice to the maritime sector to help safeguard New Zealand from public health threats.

Maritime Transport Act 1994 | New Zealand Legislationexternal link