The Rakiraki Town Council has raised concerns over a proposed provision in the Public Health Amendment Bill which will allow environmental health officers to enter private properties with only an identification card.
The council told the Standing Committee on Social Affairs that the power could be misused and believes there should be additional safeguards, such as prior notice or a court order in some cases.
Rakiraki Town Council Chief Executive, Sailosi Sawana says while public health enforcement is important, stronger safeguards are needed to protect both residents and officers.
“On point seven, RTC do not agree with clause 14 that the head of environmental health can enter any property any time. This authority can be abused, there should be a court order to enter any premises.”
However, Ministry of Health’s National Water, Sanitation and Hygiene coordinator Toga Vosataki defended the proposal.
“The powers of the Head of Environmental Health, as alluded to by the Rakiraki Council, this is the powers of entry in conducting inspections and complaint investigations. So if you were to go to the court in order to investigate every complaint, nothing would be done, so as to say, because we would not be able to enter unless the court finalises all the proceedings and makes the decision. This is the main wording that’s there, that we believe is, any time that is appropriate, that means that the Head of Environmental Health can then outsource these powers to all environmental health practitioners that do the work on the ground.”
He says the power is only used to investigate public health complaints, inspect health hazards and collect samples.
“So these powers are then delegated by the Chief Head of Environmental Health to the environmental health practitioner that both the urban and rural local authority have on the ground to do the necessary enforcement works. And maybe that’s just to clarify what the powers mean. It’s not to go in odd hours, the time is specified in that particular act.”
The Ministry also clarifies that only qualified environmental health practitioners appointed by the Central Board of Health would be allowed to carry out inspections.
