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Public Health Act 1997
69Abatement notices—issue
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69 Abatement notices—issue
(1) If an authorised officer has reasonable grounds for believing that an
insanitary condition exists, the officer may issue an abatement notice
to—
(a) the person causing the condition; or
(b) if that person cannot be identified—the person who occupies the
place at which the condition exists, or from which it emanates.
(2) In determining whether to issue an abatement notice in relation to a
condition, state or activity, an authorised officer—
(a) must have regard to the number of people affected, or potentially
affected, by the condition, state or activity; and
(b) must have regard to the degree, or potential degree, of public
health risk, damage to public health or offensiveness to
community health standards resulting from the condition, state
or activity; and
(c) may have regard to any reasonable precautions that a person
causing the relevant condition, state or activity has or has not
taken to avoid or minimise the adverse effect, or the potential
adverse effect, of the condition, state or activity; and
(d) may have regard to any reasonable precautions that a person
adversely affected, or potentially adversely affected, by the
relevant condition, state or activity has or has not taken to avoid
or minimise the effect, or potential effect, of the condition, state
or activity on the person’s health or on the health of any other
person for whose care, support or education the person is
responsible.
(3) An abatement notice—
(a) must specify the insanitary condition which is required to be
abated; and
(b) must specify the period within which the insanitary condition is
to be abated; and
(c) may specify steps to be taken to prevent the recurrence of the
insanitary condition and the period or periods within which they
are to be undertaken.
(4) An abatement notice continues in force until revoked in accordance
with section 72.