Health officials may get extra powers on flu 

Source: ReutersTamiflu

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The World Health Organisation's declaration of a full-blown global influenza pandemic places the nation's regional health officials in the limelight.

The World Health Organisation has declared the first flu pandemic of the 21st century , urging countries to shore up defences against the virus which is "not stoppable" but has proved mainly mild so far.

The United Nations agency has raised its pandemic flu alert to phase six on a six-point scale, indicating the first influenza pandemic since 1968 is underway.

There are currently 27 confirmed cases of A/H1N1, or swine flu, in New Zealand.

A ward at Auckland Hospital is under strict infection control conditions and a childcare centre is closed after a nurse and her child tested positive for the virus.

Health officials say the containment strategy New Zealand is using is working for now, but long-term, we will need to look at different solutions as the virus spreads.

New health regulations which took effect on April 29 added non-seasonal flu - such as A/H1N1 - to other quarantinable diseases such as avian influenza, cholera, plague and yellow fever.

And a ministerial authorisation, an epidemic notice issued under the Epidemic Preparedness Act 2006, or declaration of a state of emergency can give extra powers to regional medical officers of health.

These officials are public health specialists the director-general of health makes responsible for specific health districts.

According to Iris Reuvecamp, a senior associate at Buddle Findlay law firm, issue of epidemic notice for non-seasonal flu, a quarantinable disease under the Health Act, will mean health authorities can:

- Require people to submit to medical examination or testing at specified times and places

- Require persons, places, buildings, ships, vehicles, aircraft, animals or things to be tested, isolated, quarantined or disinfected as they think fit

- Restrict the movement of people and vehicles

- Set up emergency hospitals

- Restrict public gatherings

- Close any premises, except for Parliament and private homes

Reasonable force

The Health Act also allows the officials to call on police to use reasonable force if they need that to carry out their duties.

The Epidemic Preparedness Act 2006 says that the Prime Minister may issue an epidemic notice if they are satisfied that the effects of an outbreak of a quarantinable disease are likely to significantly disrupt or to continue to disrupt essential government and business activity.

And while such a notice is in force, the government has significant powers to make regulations which temporarily modify other statutes.

There are no appeal provisions specified in the Health Act for exercise of powers of the medical officers of health - they can require people to undergo counselling and to refrain from carrying out specified activities, going to specified places, associating with specified persons or specified classes of persons, staying at a specified residence and accepting the supervision of a named person.

But more restrictive powers, such as detention or compulsory medical examination, are likely to only be exercised under a "health risk order" issued by a court, though a medical officer of health could issue an interim order for detention of up to 72 hours with immediate effect.

The regional health officials already have extensive powers: under section 79 of the Health Act, they can order a person suspected of spreading an infectious disease to be isolated, an order that can executed by force if necessary.

Where a person is suspected of suffering from non-seasonal influenza, they can be forced to provide bodily samples, and to be detained under surveillance doctors are satisfied that he or she is not contagious.

Detention can be up to a maximum of 28 days, and may only be more than 14 days if the medical officer of health considers the person is still contagious.