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Health and Hygiene Bylaw 2013

Tikanga ā-Mahi Whakamaru Hauora 2013

The Health and Hygiene Bylaw 2013 protects the health of people who use certain commercial services that pierce or risk breaking or burning skin.

Recent changes to Health and Hygiene Bylaw 2013 

We recently made changes to this bylaw to better protect public health, including:

  • banning eyeball tattooing unless carried out by an ophthalmologist
  • requiring services that pierce, or risk breaking or burning tissue (not just the skin) to be licensed from 1 March 2019
  • requiring licences to be publicly displayed from 1 March 2019
  • requiring therapeutic massage, water play parks and splash pads to meet minimum standards to be developed in consultation with operators in 2019
  • clarifying that tā moko is a significant cultural practice that must be authorised either by marae or the council
  • clarifying that traditional tattooing is a significant cultural practice that will continue to be authorised by the council for health protection.
 For more information:
  • on the decision, read the Governing Body agenda and minutes for its meeting on 22 November 2018, Item 10
  • on the consideration of public feedback to proposed changes, read the panel agenda for the meeting on 26 October 2018
  • on the proposed changes as publicly notified on 26 August 2018 and the review, visit the Have your say page
  • on the bylaw, continue reading this page.

What the Health and Hygiene Bylaw does

The Bylaw sets rules about what services must be licenced and what services must meet minimum health and hygiene standards under the Health and Hygiene Code of Practice 2013.

The code of practice sets minimum standards of hygienic and safe practices for:

  • the way premises are constructed, equipped and maintained
  • the way operators conduct themselves when providing services.

It also includes recommendations for best practice.

Services that require a licence

Commercial services that pierce the skin or tissue

This includes:

  • tattooing
  • body piercing
  • acupuncture
  • electrolysis
  • red vein treatment
  • derma rolling or stamping.

Commercial services that risk breaking the skin

This includes:

  • hair removal
  • nail care
  • exfoliation.

Commercial service that risks burning the skin or tissue

This includes:

  • sun beds
  • pulsed light treatment
  • laser treatment.

Tattooing or traditional tools tattooing that has recognised cultural significance

This includes:

  • tatau
  • uhi

Services that need to comply with the code of practice

  • Any commercial services that pierce the skin or tissue.
  • Any commercial services that risk breaking the skin or tissue.
  • Any commercial services that risk burning the skin or tissue.
  • Any commercial service involving colon hydrotherapy.
  • Public swimming pools, public water play park or splash pad, including pools at motels and schools.
  • Any commercial service involving therapeutic massage.
  • Any tattooing or traditional tools tattooing that has recognised cultural significance.

Services that are prohibited

Eyeball tattooing is prohibited unless carried out by an ophthalmologist.

Services that are authorised by other qualified bodies

  • Any commercial service by health practitioners covered by the Health Practitioners Competence.Assurance Act 2003, in the practice of their profession
  • Commercial acupuncture by members of the New Zealand Register of Acupuncturists or members of the New Zealand Acupuncture Standards Authority.
  • Tā moko carried out on or under the authority of a marae in the Auckland region under tikanga Māori.
  • Commercial ear-piercing carried out in a pharmacy licensed by the Ministry of Health.

Services that are exempt from licence and code of practice requirements

  • Any commercial service by health practitioners covered by the Health Practitioners Competence Assurance Act 2003, in the practice of their profession.
  • Commercial acupuncture by members of the New Zealand Register of Acupuncturists or members of the New Zealand Acupuncture Standards Authority.
  • Traditional and non-commercial tā moko carried out on or under the authority of a marae in the Auckland region under tikanga Māori.
  • Commercial ear-piercing carried out in a pharmacy licensed by the Ministry of Health.

Get a copy of the Health and Hygiene Bylaw and the Code of Practice