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Public Health and Wellbeing Act 2008
57Disclosure of information to other administrators
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57 Disclosure of information to other administrators
(1) The Secretary or the Chief Health Officer may disclose any information held by the Secretary or the Chief Health Officer under, or for the purposes of, this Act or the regulations to a Council if the Secretary or the Chief Health Officer considers that the disclosure would assist the Council to perform its duties or functions or exercise its powers under this Act or the regulations.
(2) A Council may disclose any information that it holds under, or for the purposes of, this Act or the regulations to the Secretary, the Chief Health Officer or another Council if the Council considers that the disclosure would assist the Secretary, the Chief Health Officer or the Council to perform their duties or functions or exercise their powers under this Act or the regulations.
(3) The Secretary or the Chief Health Officer may disclose any information held by the Secretary or the Chief Health Officer under, or for the purposes of, Part 6 or 7 or the regulations made for the purposes of those Parts to a Government Department, statutory body or other person responsible for administering another Act or regulations made under that Act if the Secretary or the Chief Health Officer considers that the disclosure would assist that Government Department, statutory body or other person to perform their duties or functions or exercise their powers under that Act or the regulations made under that Act.
(4) A Council may disclose any information that it holds under, or for the purposes of, Part 6 or the regulations made for the purposes of that Part to a Government Department, statutory body or other person responsible for administering another Act or regulations made under that Act if the Council considers that the disclosure would assist that Government Department, statutory body or other person to perform their duties or functions or exercise their powers under that Act or the regulations made under that Act.
Part 6—Regulatory provisions administered by Councils
Division 1—Nuisances
58 Application of Division
(1) This Division applies to nuisances which are, or are liable to be, dangerous to health or offensive.
(2) Without limiting the generality of subsection (1), this Division applies in particular to nuisances arising from or constituted by any—
(a) premises; or
(b) water; or
(c) animal, including a bird or insect, capable of carrying a disease transmissible to human beings; or
(d) refuse; or
S. 58(2)(e) amended by No. 2/2021 s. 4(1).
(e) noise or emission, other than a noise or emission referred to in subsection (2A); or
(f) state, condition or activity; or
(g) other matter or thing—
which is, or is liable to be, dangerous to health or offensive.
S. 58(2A) inserted by No. 2/2021 s. 4(2).
(2A) This Division does not apply to nuisances arising from or constituted by any noise or emission from a wind turbine at a wind energy facility.
(3) For the purpose of determining whether a nuisance arising from or constituted by any matter or thing referred to in subsection (2) is, or is liable to be, dangerous to health or offensive—
(a) regard must not be had to the number of persons affected or that may be affected; and
(b) regard may be had to the degree of offensiveness.
S. 58(4) substituted by No. 2/2021 s. 4(3).
(4) In this section—
***offensive*** means noxious or injurious to personal comfort;
***wind energy facility*** means land used to generate electricity by wind force, including land used for any turbine, building or other structure, anemometer or other thing used in or in connection with the generation of electricity by wind force, other than turbines principally used to supply electricity for domestic or rural use of land.