Council calls for limits on inspection powers

The Rakiraki Town Council has voiced strong objections to a provision in the proposed Public Health Amendment Bill that would grant environmental health officers the authority to enter private properties solely with an identification card. The council expressed concerns to the Standing Committee on Social Affairs, arguing that such unchecked power could be misused and that additional safeguards are necessary.

Sailosi Sawana, Chief Executive of the Rakiraki Town Council, stated, "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." The council believes that requiring prior notice or a court order in certain situations would provide essential protection for both residents and the officers themselves, while still allowing for necessary public health enforcement.

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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, Toga Vosataki, the National Water, Sanitation and Hygiene coordinator for the Ministry of Health, defended the proposed provision. Vosataki clarified that the powers of entry are intended for conducting inspections and investigating complaints related to public health. "If you were to go to the court in order to investigate every complaint, nothing would be done," he explained, emphasizing the need for timely action.

Vosataki further elaborated that these powers are delegated by the Head of Environmental Health to environmental health practitioners working on the ground. He assured that the authority is not for entering properties at odd hours but is governed by specific times outlined in the act. The Ministry also confirmed that only qualified environmental health practitioners, appointed by the Central Board of Health, would be authorized to carry out these inspections, ensuring a level of professional oversight.

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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.