PUBLIC HEALTH ACT

Dominion, Volume 12, Issue 70, 17 December 1918, Page 6

PUBLIC HEALTH ACT

A "RIGHT OF ENTRr" PROVISION

The provisions of the new Public Health Act are causing anxious thought to somu of those concerned in their administration, but the ,I'ayor (Mr. J. 1». Luke) believes much that is impracticable in the Act is saved by the final clauso inserted at the last moment, and overlooked by most of those who havo hail time to peruse the measure. What the Mayor asked the Minister was: (1) Would be introduce legislation this session to amend existing Acts of Parliament in order to provide better conditions to secure quick action and economical administration .in combating epidemics of diseases, the. genesis of which might be "within the Dominion or introduce*! from overseas; and (2) if the Minister agreed to . the foregoing would he favourably consider placing the whole responsibility and control of sanitation and cleansing of the cities and towns on the local authorities. (3) If the Minister considered the task of amending the Acts to cover all local authority as being too great for the present session, would he make provision lor tho four chief centres td undertake such responsibilities at once. (4) Mould the Minister, if agreeable to the suggested amendments, provide that the local authority's chief health inspector should have the right of entering occupied hotels,' boarilinghouses, and other houses and private homes, in tho event of the occupier refusing admission to tho local authority's other officers. In a word the Mayor asked for "the right of entrance," not hitherto possessed by the City Council's officials, and given it (subject to Ministerial discretion) at last gasp of Parliament in the final, added clause to the Public Health Amendment Act, which reads:— "29a. Section soventy-nino of the Public Health Act, 1908, is hereby amended by inserting the .following proviHo:— Provided that in any district where the Minister is satisfied the local authority is satisfactorily enforcing the provisions of tho principal Act and t safeguarding the public health, he may, for such period as he thinks fit, delegate to such local authority such or nil of the powers conferred l>v Die principal Act on the District Health Offic»r as ho thinks fit. It will be seen from this clause that . the local authority' is not given powers of the fullest width as to "the right of entry." Tt only stipulates that Hie llin- ' ister "may" give such powers "for such period, as 'he thinks .fit," and naturally the Minister under such a clause would have to make a proclamation delegating such powers to the local authority and defining the period before the local authority would havo any more "right of entry" than it has had in tho past.