SAMOA

HEALTH ORDINANCE 1959

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ANALYSIS
THE HEALTH ORDINANCE 1959

Title

1. Short title and commencement
2. Interpretation

PART I
ADMINISTRATION

Health Department
3. Department of Health
4. Director of Health
5. Appointment of other officers and employees
6. Existing appointments deemed to be made under this Ordinance
7. Principal functions of Department
8. Delegation of powers
9. Board of Health
10. Functions of Board
11. Health Districts

PART II
BUILDINGS

12. Requirements of dwellings
13. Requirements for business premises
13A. Cleansing orders
14. Director may issue closing order in default of repair
15. Appeals against cleansing and closing orders
16. Decision of Court
17. Failure to comply with closing order
18. Determination of closing order
19. Director may require demolition
20. Enforcement of order
21. Offence in respect of order

PART III
NUISANCES

22. Nuisances defined
23. Penalties for nuisances
24. Provisions of this Ordinance to be in addition to other rights, etc.
25. Provisions of this Ordinance to apply to Government and Government officers
26. Proceedings in respect of nuisances

POLLUTION OF WATERCOURSES

27. Repealed

PART IV
INFECTIOUS DISEASE

28. Powers of Director on outbreak of infectious disease
29. Special powers of Director
30. Penalties for obstructing Director
31. Register of infectious disease
32. Duty of occupier of building
33. Duty of master of ship or aircraft
34. Director may enter premises
35. Director may order post mortem
36. Isolation of persons likely to spread infectious disease
37. Offences in respect of infectious disease
38. Offences in respect of property exposed to infection
39. Disinfecting of premises
40. Power as to burials

PART V
ABATTOIRS, BAKERIES, AND DAIRIES

41. Interpretation
42. Premises to be licensed
43. Condition precedent to issue
44. Fees payable
45. Duration of licence
46. Unlicensed premises not to be used
47. Offences
48. Closing orders
49. Offences
50. Administration of this Part may be transferred to other Departments

PART VI
MISCELLANEOUS

51. Power of entry and inspection
52. Obstruction of officers
53. Service of documents
54. Interference by owner or occupier
55. Medical examination of school children
56. Committing or conspiring or attempting to commit offence
57. Repealed
58. Regulations
59. Annual Report
60. Repeals and savings
Schedules

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THE HEALTH ORDINANCE 1959
1959, No.19

An Ordinance to consolidate and amend certain laws relating to public health

[28 September 1959]

1. Short title and commencement - This Ordinance may be cited as the Health Ordinance 1959, and shall come into force on the 1st day of October 1959.

As to the liability of the Potlatch Corporation for fees or charges payable pursuant to this Ordinance, see s. 11 (f) of the Potlatch Act 1967.
See also the titles Animals, Business Licences, Customs, Food and Drugs, Dental Practitioners, Immigration, Medical Practitioners, Mental Health, Narcotics, Nursing, Pharmacy, Poisons, Samoa Quarantine, Shops, and Water.

2. Interpretation - In this Ordinance, unless the context otherwise requires,-

"Animal" includes any bird, reptile, amphibian, or insect:

"Board" means the Board of Health constituted under this Ordinance:

"Cleansing", in relation to any building, includes limewashing and the destruction of vermin, and, where appropriate, painting and papering:

"Department" means the Department of Health of Western Samoa:

"Director" means the Director of Health appointed under this Ordinance, and in his absence the person lawfully acting in the place of the Director:

"Dwelling" includes any building, tent, caravan, or other structure or erection, whether permanent or temporary, that is used or intended to be used in whole or in part for human habitation, and includes the land and any outbuildings and appurtenances belonging to a dwelling:

"Infectious disease" means any disease for the time being specified in the First Schedule to this Ordinance, and includes any other disease which may be declared by the Minister by notice in the Western Samoa Gazette to be an infectious disease:

"Inspector" means an officer of the Department appointed as an Inspector of Health under this Ordinance: 

"Medical practitioner" means a person qualified for appointment as a medical officer or to practise medicine or surgery in Western Samoa under the provisions of [the Medical Practitioners Act 1975]:

"Minister" means the Minister of Health:

"Owner", in relation to any land or premises, means any person in actual occupation thereof or entitled to occupy the same or receive the rents in respect thereof whether on his own account or as agent of or trustee for any other person, but does not includes [the Government of Western Samoa] as trustee for the beneficial owners:

“Premises” includes a ship or an aircraft.

“Medical Practitioner”: In this definition, the Medical Practitioners Act 1975, being the corresponding enactment in force at the date of this reprint, has been substituted for s. 36 of the repealed Samoa Act 1921 (N.Z.)
“Owner”: In this definition, the reference to the Government of Western Samoa was substituted for a reference to the Crown by s. 4 (2) of the Existing Law Adjustment Ordinance 1961.

PART I

ADMINISTRATION

Health Department

3. Department of Health - (1) There shall continue to be a Department of State to be known as the Department of Health which, under the control of the Minister, shall be charged with the administration of this Ordinance and the Ordinances, enactments, regulations, orders, and other matters specified in the Second Schedule to this Ordinance, together with such other functions as may from time to time be lawfully conferred on it.

(2) The Department shall comprise such divisions as may from time to time be approved by the Minister.

4. Director of Health - (1) There shall from time to time be appointed under [the Public Service Act 1977] an officer of [the Public Service] to be called the Director of Health.

(2) The powers, duties, and functions of the Director shall be deemed to include such of the powers of the Minister as the Director may from time to time be authorised to exercise pursuant to a delegation under section 8 of this Ordinance.

In subs. (1)the Public Service Act 1977, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Samoa Amendment Act 1949 (N.Z.); and the reference to the Public Service was substituted for a reference to the Western Samoa Public Service by s. 4 of the Public Service Act 1965.
The Director is statutory Chairman of the Dental Council (see s. 4 (2) (a) of the Dental Practitioners Act 1975) and of the Medical Council (see s. 4 (2) (a) of the Medical Practitioners Act 1975). 

5. Appointment of other officers and employees - (1) There may from time to time be appointed under [the Public Service Act 1977] such medical practitioners and other officers and employees of the Department as may be necessary.

(2) The senior inspector shall be the holder of an approved certificate in sanitation.

In subs. (1) the Public Service Act 1977, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Samoa Amendment Act 1949 (N.Z.).
As to exemption of Dental Division nurses, hygienists and technicians from the application of the Dental Practitioners Act 1975, see s. 3 (2) (a), (b) and (c) of that Act.
The office of Secretary to the Pharmacy Committee may be held in conjunction with any other office in the Department of Health; see s. 7 (2) of the Pharmacy Act 1976.

6. Existing appointments deemed to be made under this Ordinance - (1) The person holding office or appointed at the commencement of this Ordinance as Director shall be deemed to have been appointed to that office under this Ordinance.

(2) All other persons who at the commencement of this Ordinance are officers and employees of the Department and have been so appointed under the Samoa Amendment Act 1949 (N.Z.) shall be deemed to have been so appointed under this Ordinance.

7. Principal functions of Department - The principal functions of the Department of Health shall be,-

(a) To administer this Ordinance and all other public Ordinances, enactments, regulations, and bylaws so far as their purpose is the promotion or conservation of human health:

(b) To prevent, limit, and suppress infectious and other disease:

(c) To promote and carry out researches and investigations in relation to matters concerning the public health:

(d) To organize and control hospitals, medical outstations and ancillary services, and medical, dental, pharmaceutical, and nursing services so far as such services are paid for out of public money:

(e) Generally to take all such steps as may be desirable to secure the preparation, effective carrying out, and co-ordination of measures conducive to the public health.

As to offences against public cleanliness and convenience, see ss. 3, 4 and 5 of the Police Offences Ordinance 1961.
As to the right of the Government to charge fees for dental and medical services in or from any hospital, see s. 31 of the Dental Practitioners Act 1975 and s. 31 of the Medical Practitioners Act 1975.
The funds of the Dental Council and of the Medical Council are administered by the Department of Health; see s. 33 (2) of the Dental Practitioners Act 1975 and s. 33 (2) of the Medical Practitioners Act 1975.

8. Delegation of powers - (1) The Minister may from time to time, by writing under his hand, delegate to the Director all or any of the powers (except this present power of delegation) exercisable by him under this Ordinance.

(2) With the written consent of the Minister, the Director may similarly delegate to any officer of the Department all or any of the powers (except this present power of delegation) exercisable by him under this Ordinance.

(3) Every such delegation, whether by the Minister or the Director, shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister or the Director.

(4) Any such delegation, whether by the Minister or the Director, may be made subject to such restrictions and conditions as the Minister or Director, as the case may be, thinks fit, and may be made either generally or in relation to any particular matter or case.

(5) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Minister or Director by whom it was made has ceased to hold office, and shall continue to have effect as if made by the successor in office of that Minister or Director.

(6) For the purposes of this section the words "this Ordinance" include all Ordinances, enactments, regulations, and orders which by this Ordinance are to be administered by the Department.

9. Board of Health - (1) There shall continue to be a Board to be called the Board of Health.

[(2) The Board shall hereafter consist of 6 members being -

(a) The Minister of Health, who shall be the Chairman of the Board:

(b) The Director of Health, who shall be the Deputy Chairman of the Board:

(c) The Director of Works:

(d) The Director of Lands:

(e) A medical practitioner to be chosen and appointed by the Minister:

(f) A medical practitioner to be chosen and appointed by the Minister from a panel of 3 medical practitioners nominated by the Western Samoa Medical Association Incorporated.]

(3) The members of Board, other than members who are such by virtue of their office, shall hold office at the pleasure of the Minister.

(4) No meeting of the Board shall be held unless either the Chairman or the Deputy Chairman is present.

(5) The procedure of the Board shall be such as the Minister may approve, and at any meeting the Chairman shall have a deliberative and a casting vote.

(6) A meeting of the Board shall be called whenever the Minister considers it necessary for the Board to meet.

(7) The secretary of the Board shall be such member of [the Public Service] as the Minister may approve.

Subs. (2) was substituted for the original subs. (2) by s. 3 of the Health Amendment Act 1969.
In subs. (7) the reference to the Public Service was substituted for a reference to the Western Samoa Public Service by s. 4 of the Public Service Act 1965.
As to the Dental Council and the Medical Council, see respectively the Dental Practitioners Act 1975 and the Medical Practitioners Act 1975.

10. Functions of Board - The principal function of the Board shall be to consider, advise, and make recommendations to the Minister in respect of such matters as may be referred to it by the Minister, and in particular, any matters that may be so referred to it relating to,-

(a) The adoption of a general health policy for the promotion of health, the prevention of disease and disability, the adequate and effective treatment of disease, and the proportion of the available resources that should be allocated for each of the foregoing purposes:

(b) The control and management of hospitals, medical outstations and ancillary services, and the relationship of such control and management to the general health policy:

(c) Any other matters in any way relating to or affecting the health of the people of Western Samoa.

11. Health Districts - (1) The Minister may from time to time, and after consideration of any recommendation of the Board, declare Western Samoa or any part or parts thereof to be divided into health districts, with such names and boundaries as he thinks fit.

(2) The Director may delegate the control of the medical services in any health district to a suitable medical practitioner.

For a warrant declaring certain areas as Health Districts, see W.S. Gazette 1969, page 4, printed in this title.

PART II

BUILDINGS

12. Requirements of dwellings - (1) No person shall erect or rebuild any building intended for use as a dwelling or shall sell, or let, or sublet, or permit to be occupied as a dwelling, any building or part of a building, unless in every such case sufficient provision is made in accordance with regulations under this Ordinance, or, in the absence of such regulations, to the satisfaction of the Director for the following matters, that is to say,-

(a) An adequate and convenient supply of wholesome water available for the inmates of the dwelling;

(b) Suitable appliances for the disposal of refuse water in a sanitary manner; and

(c) Sufficient privy accommodation available for the inmates of the dwelling.

(2) Every person who commits an offence against this section is liable on conviction to a fine not exceeding [$40].

(3) The owner of any dwelling erected or rebuilt in contravention of this section shall be liable on conviction, in addition to any penalty under the last preceding subsection, to a fine not exceeding [$10], for every day during which such dwelling or any part thereof is inhabited whilst not in conformity with the requirements of this section.

13. Requirements for business premises - With respect to every factory, workroom, shop, office, warehouse or other business place in which persons are employed the following provisions shall apply:

(a) Sufficient privy accommodation available for the use of the persons employed therein shall be provided in accordance with regulations under this Ordinance, or, in the absence of such regulations, then to the satisfaction of the Director:

(b) If the persons so employed are of different sexes, then the privy accommodation shall be separate for each sex and shall be so constructed and situated as to ensure complete seclusion for each sex:

(c) If default is made in faithfully complying with any of the foregoing requirements of this section, the owner and occupier of the premises shall be severally liable to a fine not exceeding [$10] for every day on which the default occurs.

See further s. 36 of the Labour and Employment Act 1972.
As to requirements for premises licensed under the Business Licences Ordinance 1960, see s. 22 (2) of that Ordinance.

[13A. Cleansing orders - (1) If the Director is of opinion that any building needs cleansing in any respect in order to remove a danger to health or otherwise make it fit for human habitation or occupation, he may issue an order in writing (hereinafter referred to as a cleansing order) and cause the cleansing order to be served on the owner or occupier of that building requiring him to cleanse that building in the manner and within the time specified in the cleansing order.

(2) If the owner or occupier of a building on whom a cleansing order is served makes default in cleansing that building or causing the same to be cleansed in the manner and within the time specified in the cleansing order served on him -

(a) He commits an offence, and is liable to a fine not exceeding $40 and to a further fine not exceeding $10 for every day during which such default continues; and

(b) The Director and necessary workmen employed by him may enter on the land on which that building stands and may cause that building to be cleansed in the manner specified in the cleansing order served on the owner or occupier thereof, and recover the cost and expense of so doing as a debt due to the Government.]

This section was inserted by s. 4 of the Health Amendment Act 1969.

14. Director may issue closing order in default of repair - (1) If the Director is of opinion,-

(a) That any premises are by reason of structural defects in such a state as to create a nuisance within the meaning of this Ordinance:

(b) That any dwelling is by reason of its situation or structure, or state of disrepair, or insanitary condition, dangerous to health or otherwise unfit for human habitation:

(c) That any dwelling is without an adequate supply of wholesome water as required by this Ordinance:

(d) That any premises are without sufficient privy accommodation as required by this Ordinance,-

he may issue an order (hereinafter referred to as a closing order) and cause the same to be served on the owner or occupier of such premises prohibiting the use of any such premises for human habitation or occupation until such repairs, alterations, or works as may be specified in the order have been carried out to his satisfaction.

(2) Notwithstanding anything in the foregoing provisions of this section, the Director shall not, except by direction of the Minister, issue a closing order under this section unless he has first served on the owner or occupier a notice calling on him to effect or carry out any repairs, alterations, or works specified in that notice within a specified time and that notice has not been complied with.

As to offences against public cleanliness and convenience, see ss. 3, 4 and 5 of the Police Offences Ordinance 1961.

[15. Appeals against cleansing and closing orders - (1) Within 14 days after the service of a cleansing order or a closing order on an owner or occupier of any building or other premises, he may give notice of appeal to the Director and to the Registrar of the Magistrate's Court.]

(2) Pending the expiration of the time for an appeal under this section, and the determination of any such appeal, the cleansing order or the closing order in question shall be deemed to be suspended.]

This section was substituted for the original s. 15 by s. 5 of the Health Amendment Act 1969.

16. Decision of Court - On any such appeal the Court may cancel the order, or may confirm it, either absolutely or subject to such conditions and modifications as the Court deems just, and the decision of the Court shall be final.

17. Failure to comply with closing order - Every person being the owner or occupier of any premises in respect of which a closing order is in force under this Ordinance who inhabits or occupies such premises or any part thereof, or who permits or suffers any other person to inhabit or occupy any such premises or part thereof, commits an offence and is liable on conviction to a fine not exceeding [$40] and to a further fine not exceeding [$10] for every day during which such offence continues.

18. Determination of closing order - So soon as the alteration, repairs, or works specified in a closing order have been executed to the satisfaction of the Director, the Director shall determine the order, and thereupon the order shall cease to have any force or effect.

19. Director may require demolition - On the application of the Director by notice of motion that a building or part of a building should be demolished as herein provided on the ground that,-

(a) Any repairs, alterations, or works required to be executed in connection with such building pursuant to a closing order issued under the foregoing provisions of this Ordinance have not been so executed:

(b) Any such building or part thereof is in a condition unfit for use or occupation, or dangerous to the health either of the occupier or of any other person or persons-

a Judge of the [Supreme] Court may make an order (herein referred to as a demolition order) that the building or part thereof be taken down and removed at the expense in all things of the owner within such time as may be specified in the order.

The word "Supreme" was substituted for the word "High" by s. 6 of the Health Amendment Act 1969.

20. Enforcement of order - If the owner of any building fails to comply with a demolition order issued in respect thereof, or any part thereof, he shall be liable on conviction to a fine not exceeding [$100]; and the Director on behalf of the Minister may cause such building or part to be taken down or removed and may recover from the owner in any Court of competent jurisdiction all costs and expenses incurred in connection therewith.

21. Offence in respect of order - Every person being the owner or occupier of any premises in respect of which or of part of which a demolition order under section 19 hereof is made who inhabits or occupies such premises or part thereof, or permits or suffers any other person to inhabit or occupy such premises or part, commits an offence and is liable on conviction to a fine not exceeding [$40] and to a further fine not exceeding [$10] for every day during which such offence continues:

Provided that in cases where application is made to the Court for a demolition order, no offence shall be deemed to have been committed under this section by reason of the occupation of the premises or part thereof prior to the date of such order.

PART III

NUISANCES

22. Nuisances defined - Without limiting the meaning of the term "nuisance", a nuisance shall be deemed to be created in any of the following cases, that is to say, -

(a) Where a pool, ditch, gutter, or watercourse, privy or other sanitary convenience, cesspool, drain, or ventpipe is in such a state or is so situated as to be dangerous to health or offensive:

(b) Where any accumulation or deposit is in such a state or is so situated as to be dangerous to health or offensive:

(c) Where any premises (including any accumulation or deposit thereon) are in such a state as to harbour or to be likely to harbour rats or other vermin:

(d) Where any premises are so situated, or are of such construction or are in such a state, as to be dangerous to health or offensive:

(e) Where any gutter, drain, spouting, or downpipe of a building causes dampness in such building or in any adjoining building by reason of its insufficiency or defective condition:

(f) Where any building or part of a building is so overcrowded as to be dangerous to the health of the occupants, or does not, as regards air space, floor space, lighting, or ventilation, conform with the requirements of this or any other Ordinance, or of any regulations made thereunder:

(g) Where any factory, workroom, shop, office, warehouse, or other place of trade or business, -

(i) Is not kept in a clean state, and free from offensive effluvia from any drain or sanitary convenience:

(ii) Is not provided with appliances so as to carry off in a harmless and inoffensive manner any fumes, gases, vapours, dust or impurities generated therein:

(iii) Is so overcrowded while work is carried on therein, or is so badly lighted or ventilated, as to be dangerous to the health of the persons employed therein:

(h) Where any buildings or premises used for the keeping of animals or birds are so constructed, situated, used, or kept, or are in such a condition as to be dangerous to health or offensive:

(i) Where any animal or bird, or any carcase or part of a carcase, is so kept or allowed to remain as to be dangerous to health or offensive:

(j) Where any offensive trade is so carried on as to be dangerous to health or unnecessarily offensive:

(k) Where any chimney (including the funnel of any ship, but not including the chimney of a private dwelling) sends forth smoke in such quantity or of such nature, or in such manner as to be dangerous to health or offensive, or in any manner contrary to any regulations:

(l) Where any street, road, right of way, passage, yard, premises, or any land is in such a state as to dangerous to health or offensive:

(m) Where any well or other source of water supply or any cistern or other receptacle for water which is used or is likely to be used for domestic purposes or in the preparation of food, is so placed or constructed or is in such a condition as to render the water therein offensive, or liable to contamination, or likely to cause danger to health:

(n) Where any offal or material liable to be dangerous to health or offensive is deposited on the foreshore or in the harbour of Apia.

As to offences against public cleanliness and convenience, see ss. 3, 4, and 5 of the Police Offences Ordinance 1961.

23. Penalties for nuisances - Every person by whose act, default, or sufferance a nuisance arises or continues (whether' such person is or is not the owner or occupier in respect of which such nuisance exists) is liable to a fine not exceeding [$40], and if the person convicted can lawfully abate such nuisance he is liable to a further fine not exceeding [$10] for every day or part of a day during which such nuisance remains unabated after such conviction.

24. Provisions of this Ordinance to be in addition to other rights, etc. - The provisions o£ this Ordinance relating to nuisances shall be deemed to be in addition to and not to abridge or affect any right, remedy, or proceeding under any other Ordinance or at law or in equity:

Provided that no person shall be punished for the same offence both under the provisions of this Ordinance and any other law or enactment.

25. Provisions of this Ordinance to apply to Government and Government officers - The provisions of this Ordinance relating to nuisance and of any regulations made under this Ordinance shall, unless otherwise specifically provided therein, apply to nuisances created by the Government of Western Samoa or by any officer thereof in his capacity as such officer.

26. Proceedings in respect of nuisances - (1) A Judge of the [Supreme] Court, if satisfied that a nuisance exists on the premises, or that though abated it is likely to recur, may by order, -

(a) Require the owner and occupier to abate the nuisance effectively:

(b) Prohibit the recurrence of the nuisance:

(c) Both require the abatement and prohibit the recurrence of the nuisance:

(d) Specify the works to be done in order to abate the nuisance or prevent its recurrence, and the time within which they shall be done.

(2) If the judge is of opinion that by reason of the nuisance any dwelling or other building is unfit for human occupation, he may, by the same or any subsequent order, prohibit the use thereof for that purpose until the nuisance has been effectively abated to his satisfaction to prevent its recurrence.

(3) Any order made under the last preceding subsection may be rescinded by the judge when he is satisfied that the nuisance has been effectively abated or, as the case may be, that due provision has been made to prevent its recurrence; but until the order is rescinded it shall not be lawful to let or occupy the dwelling or building to which the order relates.

(4) Every person who makes default in duly complying with any order made under the foregoing provisions of this section is liable to a fine not exceeding [$10] for every day on which the default occurs.

(5) If the default consists of not doing the works necessary in order to abate the nuisance effectively or to prevent its recurrence the Director, on behalf of the Minister, shall cause the works to be done at the expense in all things of the owner and occupier, who shall be jointly and severally liable for the cost of the works.

In subs. (1) the word "Supreme" was substituted for the word "High" by s. 6 of the Health Amendment Act 1969.
See the note to s. 22 of this Ordinance.

POLLUTION OF WATERCOURSES

27. Repealed by s. 55 (1) of the Water Act 1965.

PART IV

INFECTIOUS DISEASES

28. Powers of Director on outbreak of infectious disease - (1) In the event of the outbreak of any infectious disease the Director may, with the authority in writing of the Minister, exercise any of the following powers, -

(a) He may take possession of and occupy and use such lands and buildings whether public or private as in his opinion are required for the accommodation and treatment of patients:

(b) He may by requisition in writing served on the owner or other person for the time being in charge of any vehicles require the exclusive use of such vehicles for the conveyance of patients or of persons in attendance on patients, or otherwise for use in connection with the outbreak of disease as aforesaid:

(c) He may by requisition in writing served on the occupier of any premises or on any person for the time being in charge of any premises, require to be delivered to him or in accordance with his order such drugs, and articles of food or drink, and such other materials as he deems necessary for the treatment of patients.

(2) Every person who suffers any loss or damage by the exercise of any of the powers conferred on the Director by this section shall be entitled to compensation to be determined in case of dispute by the [Supreme] Court.

(3) Every person who refuses or fails to comply with any requisition under this section, or who counsels, procures, aids, or incites any other person so to do, or who interferes with or obstructs the Director or any person acting under the authority of the Director in the exercise of any powers under this section, shall be liable on conviction to a fine not exceeding [$100].

In subs. (2) the word "Supreme" was substituted for the word "High" by s. 6 of the Health Amendment Act 1969.

29. Special Powers of Director - The Director may from time to time, if authorised in writing so to do by the Minister, exercise the following special powers for the purpose of preventing the outbreak or spread of any infectious disease, -

(a) He may declare any land, building, or thing to be insanitary and may prohibit the use for any specified purpose of any such land, building or thing:

(b) He may cause any insanitary building to be pulled down, and the timber and other materials thereof to be destroyed or otherwise disposed of as he thinks fit:

(c) He may cause insanitary things to be destroyed or otherwise disposed of as he thinks fit:

(d) He may cause infected animals to be destroyed in such manner as he thinks fit:

(e) He may require persons to report themselves or submit themselves for medical examination at specified times and places:

(f) He may require persons, places, buildings, premises, animals, and things to be isolated, quarantined, or disinfected as he thinks fit:

(g) He may forbid persons, ships, aircraft, animals, or things to come, or to be brought to any port or place in Western Samoa from any port or place which is or is supposed to be infected with any infectious disease:

(h) He may forbid persons to leave the place in which they are isolated or quarantined until they have been medically examined and found to be free from infectious disease, and until they have undergone such preventive treatment as he may in such case prescribe:

(i) He may forbid the removal of ships, aircraft, animals, or things from one port or part of Western Samoa to another or from the place where they are isolated or quarantined, until they have been disinfected or examined and found to be free from infection:

(j) He may prohibit the keeping of animals or of any species of animal in any specified part of Western Samoa:

(k) He may forbid the discharge of sewage, drainage, or insanitary matter of any description into any water course, stream, lake, or source of water supply:

(l) He may, by order published as widely as he considers practicable in Western Samoa, or by notices posted in conspicuous places, require all theatres and other places of public amusement, all billiard rooms, all churches, reading rooms and public halls, and all other premises where people are accustomed to assemble for any purpose within Western Samoa or within any defined area thereof, or any of such premises as aforesaid, to be closed for admission to the public either until further order or for any fixed period, and either absolutely or subject to such qualifications as he thinks fit:

(m) He may, by order published in like manner, prohibit until further order or for any fixed period, and either absolutely or subject to such qualifications as he thinks fit, the congregation of people at any racecourse, recreation ground, or other place within Western Samoa:

(n) He may prohibit until further order or for a fixed period the attendance of children under the age of 16 years in schools, Sunday schools, theatres, or places of public amusement within Western Samoa, or within any defined area thereof.

(2) The Director, and any inspector or other person authorised in that behalf by the Director, may at any time, with or without assistants, enter on any lands or premises and inspect the same and all things thereon or therein, and may do, with respect to any persons, places, land, buildings, premises, animals, or things, whatever in the opinion of the Director is necessary or expedient for the purpose of carrying out the foregoing provisions of this section.

(3) In no case shall the Director or any inspector or other authorised person incur any personal liability by reason of anything lawfully done by him under the powers conferred by this section.

For further powers, see s. 8 of the Immigration Act 1966.
As to import prohibitions by the Head of State for the prevention of any infectious disease, see s. 49 (4) of the Customs Act 1977; see also the Animal Diseases Prevention Regulations 1968 (W.S.R. 1968/3).
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30. Penalties for obstructing Director - (1) Every person who in any way, directly or indirectly, by any act or default, -

(a) Obstructs or hinders the Director in the exercise of his functions and powers under the foregoing provisions of this Part of this Ordinance, or obstructs or hinders any inspector or other person acting with the authority or by direction of the Director:

(b) Does anything which the Director in the exercise of the aforesaid functions and powers forbids to be done:

(c) Refuses, delays, or neglects to comply with any direction or requirement of the Director in the exercise of the aforesaid functions and powers -

commits an offence and is liable on conviction to a fine not exceeding [$100], and in the case of a continuing offence to a further fine not exceeding [$100], for every day on which the offence is continued after the first day.

(2) Any person who is isolated or quarantined by order of the Director pursuant to the foregoing provisions of this Ordinance, and who unlawfully leaves the place of isolation or quarantine may be arrested by any officer of the Department or by any constable without warrant and returned forthwith to the place of isolation or quarantine.

As to arrest without warrant, see s. 4 of the Criminal Procedure Act 1972.
As to subs. (2), see the title Samoa Quarantine.

31. Register of infectious diseases - The Director shall keep a register of every case of infectious disease to his knowledge occuring in Western Samoa, and every medical practitioner who becomes aware that any person is suffering from an infectious disease shall forthwith notify the Director.

32. Duty of occupier of building - When any person is suffering from any sickness the symptoms of which create a reasonable suspicion that it is an infectious disease, it shall be the duty of the occupier or other person for the time being in charge of the land or building in which such person is living to consult a medical practitioner employed by the Department or to notify the Director of the existence of a disease suspected to be an infectious disease.

33. Duty of master of ship or aircraft - When any person on board a ship or aircraft in any harbour, port, or other place in Western Samoa is suffering from any sickness the symptoms of which create a reasonable suspicion that it is an infectious disease, it shall be the duty of the master of such ship or person in charge of such aircraft to notify the Director of the existence of such disease.

34. Director may enter premises - The Director or any medical practitioner employed by the Department may at all reasonable times enter any premises in which he has reason to believe that there is or recently has been any person suffering from an infectious disease or recently exposed to the infection of any such disease, and may medically examine any person on such premises for the purpose of ascertaining whether such person is suffering or has recently suffered from any such disease.

35. Director may order post mortem - If the death of any person is suspected to have been due to an infectious disease, and the facts relating to the death cannot with certainty be ascertained without a post mortem examination, or if it is desirable for preventing the occurrence or spread of an infectious disease that the facts relating to the death of any person should be ascertained, the Director may order a post mortem examination of the body of the deceased person to be made by a medical practitioner.

36. Isolation of persons likely to spread infectious disease - (1) The Director or any medical practitioner employed by the Department or any inspector, in any case where in the interests of the public health he thinks it expedient so to do, may make an order for the removal of any person suffering from any infectious disease to a hospital or other place where such person may be effectually isolated.

(2) An order under this section shall be made in every case where the Director or such medical practitioner or inspector is satisfied that the patient cannot without removal be effectually isolated or properly attended.

(3) An order under this section may be executed by the Director or such medical practitioner or inspector or by any person authorised in that behalf by the Director or such medical practitioner or inspector, and may be executed by force if necessary.

(4) Every person who wilfully disobeys an order under this section or who obstructs or delays or in any way interferes with the prompt execution thereof commits an offence and is liable to a fine not exceeding [$40].

37. Offences in respect of infectious diseases - (1) Every person commits an offence and is liable to a fine not exceeding [$20] who,-

(a) While to his own knowledge suffering from any infectious disease wilfully is in any public place without having taken proper precautions against the spread of infection:

(b) While in charge of any person suffering as aforesaid takes him into or allows him to be in any public place without having taken proper precautions against the spread of infection:

(c) While suffering as aforesaid enters any public conveyance, or while in charge of any person so suffering takes him into any public conveyance, without in every such case notifying the driver or conductor of the fact:

(d) Being the owner or driver or conductor of a public conveyance fails or neglects to disinfect the conveyance or cause the same to be disinfected forthwith after it has to his knowledge been entered by any person suffering as aforesaid.

(2) If an offence under this section relates to a public conveyance, the convicting Court shall order the defendant (not being the owner) to pay to the owner of the conveyance the expenses incurred in disinfecting the same.

38. Offences in respect of property exposed to infection - Every person commits an offence and is liable to a fine not exceeding [$20] who, -

(a) Lends, sells, transmits, or exposes any things which to his knowledge have been exposed to infection from any infectious disease, unless they have first been effectively disinfected or proper precautions have been taken against spreading the infection;

(b) Lets for hire any dwelling or part of a dwelling in which there then is or within the previous 6 months has been, any person to his knowledge suffering from an infectious disease, unless the dwelling or part thereof as the case may be, and all things therein liable to infection, have been effectively disinfected to the satisfaction of the Director, before the person hiring goes into occupation; or

(c) When letting or negotiating to let to any person for hire any dwelling in which any person suffering from an infectious disease is then living, or any part of such dwelling, does not disclose the fact.

39. Disinfecting of Premises - (1) When the Director is of opinion that the cleansing or disinfecting of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any infectious disease or otherwise for preventing danger to health or for rendering premises fit for occupation he may by notice in writing require the owner or occupier to cleanse or disinfect such premises or article within a time specified in the notice.

(2) If the owner or occupier fails to carry out any work within the time specified in the notice or in any other case where the Director thinks fit to do so, the Director may authorise any person he thinks fit with or without assistants to enter on any premises and to carry out such disinfecting and cleansing, and the cost of such disinfection or cleansing shall be recoverable from the owner or occupier as a debt due to the Government.

40. Power as to burials - (1) Where the body of any person who has died is in such a state as to be dangerous to health the Director or a medical practitioner may order the body to be buried forthwith, or within a time limited in the order, and may if he thinks fit order the body, pending burial, to be removed to the nearest mortuary or other suitable place.

(2) Every person who in any way prevents or obstructs the due and prompt execution of any order under this section or of any of the powers exercisable under this section is liable to a fine not exceeding [$20].

See also the Burials Ordinance 1961.

PART V

ABATTOIRS, BAKERIES, AND DAIRIES

41. Interpretation - In this Part of this Ordinance, if not inconsistent with the Context,-

"Abattoir" means any place where animals are killed for the purpose of producing meat to be sold either solely or partly for human consumption:

"Bakery" means any place where bread, cakes, buns, biscuits, pastry, or other similar goods to be sold either solely or partly for human consumption are prepared or baked:

"Dairy" means any cowshed or other building or any place where cows are stalled or kept for the purpose of milking in order to produce from such cows either solely or partly for human consumption any milk, cream, or butter.

42. Premises to be licensed - It shall be the duty of the owner or occupier of any abattoir, bakery, or dairy to procure annually from the Director a licence to use the same as an abattoir, bakery, or dairy respectively.

See also the Business Licences Ordinance 1960.

43. Condition precedent to issue - A licence to use an abattoir, bakery, or dairy shall not be issued unless the fees hereinafter prescribed shall have first been paid and the Director is satisfied that the premises sought to be licensed are capable of being used as an abattoir, bakery, or dairy, as the case may be, without danger to the public health.

44. Fees payable - The fees payable for the issue of an abattoir, bakery, or dairy licence shall be the amounts prescribed by law.

45. Duration of licence - Save as hereinafter provided every licence issued under this Ordinance shall remain in force until the 31st day of March next after the date on which it was issued and shall then expire.

46. Unlicensed premises not to be used - No person shall use or permit to be used any abattoir, bakery, or dairy unless a licence to use the same as such has been issued under this Ordinance and remains in force.

47. Offences - (1) Any person who uses an abattoir, bakery, or dairy or permits the same to be used in contravention of the provisions of the last preceding section hereof commits an offence and shall be liable to a fine not exceeding [$20] for every day or part of a day during which the offence shall continue.

(2) Every owner, occupier, or manager of an abattoir, bakery, or dairy who fails to keep the same and all appliances used in connection therewith in a clean and sanitary state and condition is guilty of an offence and shall be liable to a fine not exceeding [$40].

48. Closing orders - If in the opinion of the Director any shop, premises, or other place wherein any foodstuffs, food, or drink is sold or prepared or manufactured for sale either solely or partly for human consumption are not capable of being so used without danger to public health he may issue a closing order in respect of such shop, premises, or place and the provisions of sections 14 to 18, both inclusive, of this Ordinance shall mutatis mutandis apply to any such order.

49. Offence - Every person being the owner or occupier of any shop, premises, or place in respect of which a closing order under the last preceding section is in force who carries on or permits to be carried on therein or any part thereof the business of selling or preparing or manufacturing for sale food or drink solely or partly for human consumption commits an offence and shall be liable to a fine not exceeding [$40] for every day or part of a day during which the same shall continue.

As to offences against public cleanliness and convenience, see ss. 3, 4 and 5 of the Police Offences Ordinance 1961.

50. Administration of this Part may be transferred to other departments - Regulations may from time to time be made providing that the responsibility for the administration of the several matters provided for in this Part of this Ordinance or any of them may be transferred from the Department of Health to any other Department or Instrument of the Executive Government of Western Samoa.

PART VI

MISCELLANEOUS

51. Power of entry and inspection - Far the purposes of this Ordinance the Director or any inspector or other person authorised in that behalf by the Director may at all reasonable times enter any dwelling, building, land or premises and inspect the same, and may execute thereon any works authorised under or pursuant to this Ordinance.

52. Obstruction of officers - Every person commits an offence against this Ordinance and is liable to a fine not exceeding [$40] who obstructs, hinders, impedes, resists, or opposes any person in the execution of any powers conferred on him by or pursuant to this Ordinance.

53. Service of documents - (1) Any notice, requisition, order, or other document required to be served on any person for the purposes of this Ordinance may be served by causing the same to be delivered to that person or to be left at his usual or last place of abode or business or to be sent by registered letter addressed to such usual or last known place of abode or business. 

(2) If any notice, requisition, order, or other document as aforesaid is required to be served on the owner or occupier of any premises, and such owner or occupier or his place of abode or business is unknown, such document may be served by affixing the same on some conspicuous part of the premises.

(3) Any notice, requisition, order, or other document served by post as aforesaid shall be exempt from postage if the envelope is marked "Notice under the Health Ordinance".

54. Interference by owner or occupier - If in the performance of any duty imposed on him by this Ordinance the owner of any premises is in any way obstructed or hindered by the occupier or the occupier by the owner, the one who obstructs or hinders the other is liable to a fine not exceeding [$10] for every day on which he so obstructs or hinders.

55. Medical examination of school children - The Director or any medical practitioner or other officer authorised in that behalf by the Minister may at all reasonable times enter any school and examine the children attending the school, and may notify the parents or guardians of any such child of any disease or bodily defect from which the child may be suffering.

56. Committing or conspiring or attempting to commit offence - Every person who commits or attempts to commit or conspires to commit or incites or aids any other person to commit an offence against this Ordinance for which no penalty is specially provided elsewhere than in this section is liable for every such offence to a fine not exceeding [$20] and in the case of continuing offences to a further fine not exceeding [$10] for every day or part of a day during which such offence continues.

For exemptions from legal processes for the operations and personnel of the International Development Association, the International Bank for Reconstruction and Development, the International Finance Corporation, and the International Monetary Fund, see s. 9 of the International Finance Agreements Act 1971.

57. Repealed by s. 42 (2) of the Food and Drugs Act 1967.

58. Regulations - (1) [The Head of State, acting by and with the advice of Cabinet], may from time to time make regulations providing for any matter arising under this Ordinance or any matter which in his opinion may be necessary or expedient to carry this Ordinance into effect.

(2) Without limiting the generality of the power conferred by this section, the power to make regulations shall include the power to make regulations, -

(a) Providing for the payment of fees or charges for any inspection of any premises or other property, the examination of any plan or document, or the taking of any step or the doing of any matter authorised by this Ordinance or any regulations made thereunder, or in respect of medical or hospital treatment [or maintenance] or the supply of medicines:

[(aa) Defining who shall be deemed to be residents of Western Samoa, and providing for the payment of fees or charges by them on a lower scale than for non-residents in respect of medical or hospital treatment or maintenance or the supply of medicines:

(ab) Conferring on the Minister power to remit or reduce any fee or charge on the ground that the treatment, maintenance or medicines provided are for an infectious disease and are necessary in the interest of public health, or on the ground that neither the patient nor anyone liable for his maintenance is able to pay for the treatment, maintenance or medicines by reason of poverty, conditional in either case on a proper record being kept of all remissions and reductions and of the reasons therefor:

(ac) Providing that any fee or charge for medical or hospital treatment or maintenance or the supply of medicines to any expatriate officer of the Public Service who is serving therein as a member of the New Zealand Volunteer Service Abroad Organisation or the United States of America Peace Corps or any similar organisation of any other foreign country shall not be payable by that officer or the organisation of which he is a member, but may be made payable by the Department in which that officer is serving:

(ad) Conferring on the Director power to fix any fee or charge up to a prescribed maximum where the service may vary according to the circumstances of the case:

(ae) Providing as to the time and manner of payment of any fee or charge for medical or hospital treatment or maintenance or the supply of medicines:

(af) Providing as to the government and management of public hospitals and the patients therein or attending thereat, the admission and discharge of patients, the admission of visitors and the powers and duties of the staff:]

(b) Prescribing fines not exceeding [$100] for offences against any regulation made under the Ordinance or any Ordinance, enactment, or regulation specified or referred to in the [Second] Schedule to this Ordinance:

(c) Further defining the functions of the Department, and adding to, amending, or deleting any enactment, regulation, or matter specified in the [Second] Schedule to this Ordinance:

(d) Adding to, amending, replacing, or revoking any regulations made pursuant to the provisions of this section or of any Ordinance mentioned in the Second Schedule or the Third Schedule to this Ordinance.

(3) The Minister may from time to time make and promulgate in such manner as he may think fit, rules relating to any matter which is a function of the Department:

Provided that no rules shall be made which are repugnant to any regulations made under this Ordinance, and on the making of any regulation, any rule inconsistent with such regulation shall be deemed to be subject thereto.

(4) It shall be the responsibility of the Minister to lay all such regulations made under this Ordinance before the Legislative Assembly within 28 days after the making thereof if the Assembly is then in session, and, if not, to lay such regulations before the Assembly within 28 days after the commencement of the next ensuing session.

In subs. (1) the reference to the Head of State acting by and with the advice of Cabinet has been substituted for a reference to the Council of State acting by and with the advice and consent of the Executive Council pursuant to s. 4 (1) (c) of the Existing Law Adjustment Ordinance 1961.
In subs. (2) (a) the words "or maintenance" were inserted by s. 7 (a) of the Health Amendment Act 1969.
In subs. (2), paras. (aa)-(af) were inserted by s. 7 (b) of the Health Amendment Act 1969.
In subs, (2) in paras. (b) and (c), the word "Second" has been substituted for the word "First" pursuant to s. 3 (f) of the Reprint of Statutes Act 1972.

59. Annual Report - (1) The Director shall as soon as practicable after the end of each financial year furnish to the Minister a report on the operations of the department for that year.

(2) A copy of such report shall be laid before the Legislative Assembly within 28 days after it has been furnished to the Minister if the Assembly is then in session, and, if not, shall be laid before the Assembly within 28 days after the commencement of the next ensuing session.

60. Repeals and savings - (1) The Ordinances specified in the Third Schedule to this Ordinance are hereby repealed.

(2) As from the coming into force of this Ordinance, the Samoa Health Order 1921, N.Z. Gazette No. 17 of the 16th day of February 1921; page 479, and the Samoa Health Amendment Order 1929, N.Z. Gazette of the 2nd day of May 1929, page 1317, shall cease to be part of the law of Western Samoa.

(3) All Orders and regulations of Western Samoa made under the Samoa Health Order 1921 (N.Z.) and the Samoa Health Ordinance 1921, and being Board of Health Regulations Nos. 1 to 16 (both inclusive) which are in force at the commencement of this Ordinance, shall continue in force as if made under this Ordinance.

(4) In all Ordinances, regulations, Orders, and bylaws made before the commencement of this Ordinance, relating to matters which are functions of the department, all administrative powers vested in the High Commissioner shall be deemed to be vested in the Minister, and all powers, functions, and duties of the Chief Medical Officer and the Medical Officer and the Medical Officer shall be powers, functions, and duties of the Director.

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SCHEDULES

[FIRST SCHEDULE]
Section 2
Infectious Diseases

Part I.

Part II.	Cholera
Plague
Relapsing fever (epidemic louse-borne)
Small pox
Typhus (epidemic louse-borne)
Yellow fever

Acute anterior poliomyelitis
Anthrax
Cerebro-spinal meningitis (meningococcal)
Chickenpox (Varicella)
Dengue
Diphtheria
Dysentary
Amoebic
Bacillary (Shigellosis)
Other types
Encephalitis
Enteric fevers (Typhoid fever, paratyphoid fever)
German measles (Rubella)
Infantile diarrhoea
Infective hepatitis
Influenza
Leprosy
Leptospirosis
Measles (Rubeola or Morbilli)
Mumps
Ophthalmia Neonatorum (gonococcal)
Psittacosis (Ornithosis)
Puerperal fever
Scarlet fever
Tetanus
Tuberculosis: Pulmonary
Other sites
Typhus (flea-borne)
Typhus (mite-borne)
Undulant fever (Brucellosis)
Venereal diseases: Gonorrhoea
Syphilis
Other types
Whooping cough (Pertussis)
Yaws (Framboesia)]	

This Schedule was substituted for the original First Schedule by s. 2 of the Health Amendment Act 1969.

SECOND SCHEDULE
Section 3

ENACTMENTS AND MATTERS TO BE ADMINISTERED BY
THE DEPARTMENT OF HEALTH

New Zealand Regulations 1938, Serial No. 87 –
The Samoa Village Regulations 1938 and amendments thereof (so far as they relate to cleaning of villages, cemeteries and burials, latrines, water supplies, keeping of animals, and treatment of disease).
The Samoa Quarantine Order 1920 -
New Zealand Order-in-Council dated 1st day of April 1920.
The Samoa Quarantine Amendment Order 1931 -
New Zealand Gazette No. 75, 15 October 1931.
The Samoa Quarantine Amendment Order 1941 -
New Zealand Regulations 1941, Serial No. 200 
The Samoa Quarantine Aircraft Regulations 1946 -
New Zealand Regulations 1946, Serial No. 37.
The Samoa Dangerous Drugs Regulations 1955 -
New Zealand Regulations 1955, Serial No. 38 (in so far as they confer powers and impose duties on the Director of Health).
1931, No. 3 -
The General Laws Ordinance 1931, section 23A.
1953, No. 8 -
The Water Supply Ordinance 1953, sections 10 (2), 16, 17, and 18.

The Samoa Dangerous Drugs Regulations 1955 (N.Z.S.R. 1955/38) are no longer in force in Western Samoa
The General Laws Ordinance 1931 (No. 3) has been repealed by the Police Offences Ordinance 1961, s. 24.
The Water Supply Ordinance 1953 (No. 8) has been repealed by the Water Act 1965, s. 55 (1).

	Western
Samoa Gazette	
	No.	Page	Date	
The Board of Health Regulations No. 2 of the 25th day of November 1921	
8	
30	
5 January 1928
	
The Board of Health Regulations No. 3 of the 1st day of December 1927 regulation No. 7 and Form 3 inserted by Board of Health Regulation No. 15 (relating to cause of death and duration of last illness)	

47	

205
993	

12 January 1928
	
The Board of Health Regulations No. 4 of the 1st day of January 1923	
18	
57	
3 March 1923
	
The Board of Health Regulations No. 5 of the 1st day of September 1923	
22	
72	
11 August 1923
	
The Board of Health Regulations No. 6 of the 1st day of September 1923 (in so far as they relate to drainage, the structure and cleansing of privies, and health sanitation)	

22	

70	

11 August 1923
	
The Board of Health Regulations No. 8 of the 28th day of September 1929 (in so far as they relate to fees for drainage and sanitation works)	

58	

270	

10th October 1929
	
The Board of Health Regulations No. 9 of the 7th day of December 1931
	
71	
387	
29 December 1931	
The Board of Health Regulations No.12 dated the 7th day of December 1938	
109	
626	
7 December 1938
	
The Board of Health Regulations No. 13 of the 16th day of December 1942	
130	
864	
1 October 1942
	
The Board of Health Regulations No. 14 of the 3rd day of December 1943	
132	
883	
21 July 1943
	
As to the jurisdiction of the Public Works Department in so far as Board of Health Regulations Nos. 6, 8 and 16 relate to the erection of buildings, see s. 3 of the Public Works Ordinance 1959.
The Board of Health Regulations No. 3 and No. 9 have been revoked by s.40 (1) of the Births and Deaths Registration Ordinance 1961, and s. 13 (1) of the Burials Ordinance 1961 respectively.
	
THIRD SCHEDULE
Section 60

ENACTMENTS REPEALED

1921 No. 19-
The Samoa Health Ordinance 1921.
1928 No. 6-
The Ordinances Revision Ordinance 1928, section 3.
1936 No. 6-
The Samoa Health Amendment Ordinance 1936.

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