Vaccination Act 1863
Reference: New Zealand Statutes
An Act to extend and make compulsory the practice of
Vaccination [14th December 1863]
Clauses
1. Short Title
2. Districts to be fixed and Medical Officer to be appointed.
Within three months after the passing of this Act the
Superintendent of each Province in NZ shall divide
such Province [... into convenient districts... and
... appoint time and places for vaccination...]
3. Children to be vaccinated within six months of birth.
The parent of every unvaccinated child born in NZ
after the [1 March 1864] shall within six calendar
months after the birth of such child take or cause
to be taken the said child to a medical practitioner
or to a medical officer appointed for the district
within which the said child is resident for the
purpose of being vaccinated and the said medical
officer so appointed shall thereupon or as soon
after as it may properly be done vaccinate the
said child.
4. Success of vaccination to be ascertained.
Upon the eighth day following the day on which any
child has been vaccinated as aforesaid the parent
of the said child shall again take or cause to be
taken the said child to the medical practitioner
or medical officer by whom the operation was
performed in order that such medical practitioner
or medical officer may ascertain by inspection the
result of such operation.
5. Certificate of successful vaccination to be given.
Upon and immediately after the successful vaccination
of any child the medical officer or medical practitioner
who shall have performed the operation shall deliver
to the parent presenting the said child for vaccination
a certificate under his hand according to the form of
Schedule A hereunto annexed that the said child has
been successfully vaccinated and shall also transmit
a duplicate of the said certificate to the Registrar
of Births of the district in which the operation was
performed and such certificate shall be conclusive
evidence of the successful vaccination of such child
in any information or complaint which shall be brought
for noncompliance with the provisions of this Act.
6. Certificate of child not being in a fit state for vaccination.
If any medical officer or medical practitioner shall
be of opinion that any child is not in a fit and proper
state to be successfully vaccinated and shall give to
the parent of such child a certificate in the form of
Schedule B hereunto annexed the production of which
certificate shall for the period of two months from the
date thereof be a sufficient defence against any
complaint which shall be brought for non-compliance in
respect of such child with the provisions of this Act.
7. Certificate of child being insusceptible of vaccination.
If any Medical Officer or Practitioner shall be of
opinion that any child that has been vaccinated by
him is insusceptible of the vaccine disease he shall
deliver to the parent of such child a certificate under
his hand according to the form of Schedule C hereinafter
annexed and the production of such certificate shall
be a sufficient defence in any proceeding against the
parent of such child for non-compliance in respect of
such child with the provisions of this Act.
8. Registrar of births to register vaccination.
The Registrar of Births in every district shall on
receipt of each certificate of successful vaccination
enter in the register of birth opposite the name of
the child mentioned in such certificate the word
"vaccinated" together with the date of such certificate
and such entry when duly proved shall be admissible
as evidence of the successful vaccination of such
child.
9. Notice of vaccination to be given on registration of birth.
The Registrar of Births in every district shall at the
time of registration of the birth of any child cause
a notice in the form of Schedule D hereunto annexed
to be handed to the person registering the birth of
such child for the parent of such child.
10. Penalty for non-vaccination.
If after such notice the parent of any child shall
not within six months after the birth of such child
cause such child to be vaccinated or shall not on
the eighth day after the vaccination has been
performed take or cause to be taken such child for
inspection according to the provisions in this Act
respectively contained then such parent so offending
shall forfeit a sum not exceeding forty shillings.
11. Notice of vaccination may be given by medical officer.
It shall be lawful for any Medical Officer appointed
as aforesaid to cause a notice in the form of Schedule
E hereunto annexed to be handed to the parent of any
unvaccinated child over the age of six months and
under the age of twelve years and if after such notice
such parent shall neglect for a period of two months
to cause such child to be vaccinated such parent so
offending shall forfeit a sum not exceeding forty
shillings.
12. Registrar-General to provide books etc.
The Registrar General of Births, Deaths and Marriages
shall frame and provide such books forms and regulations
as he may deem requisite for carrying into full effect
the provisions of this Act and shall transmit the same
to the Superintendents of the several Provinces.
13. Penalty for inoculation with small pox.
Any person who shall inoculate any child or person
with the virus of the disease called Small Pox shall
forfeit a sum not exceeding ten pounds.
14. Recovery of Penalties.
All penalties by this Act imposed shall be recoverable
before any Resident Magistrate or two Justices of the
Peace upon the information or complaint of any Medical
Officer appointed as aforesaid.
15. Interpretation clause.
The word "parent" in this Act shall be interpreted to
mean the father mother or other person having the care
nurture or custody of the child referred to and the
term "Medical Practitioner" shall be interpreted to
mean every person holding a degree or diploma or
license in Medicine or Surgery from any University
or College or other Corporate body duly authorised
to grant the same in Great Britain or Ireland or who
is a member of the company of Apothecaries of London
or Dublin or who is or has been a Medical Officer in
Her Majesty's Land or Sea Service.
Schedule A
I hereby certify that [...] the child (aged [...]) of [...]
of the (town or district of [...]) has been successfully
vaccinated by me.
Signed [...] Medical Officer of the District of [...]
(or) a duly qualified Medical Practitioner.
Schedule B
I hereby certify that I am of the opinion that [...] the
child of [...] of the (town or district [...]) is not now
in a fit and proper state to be successfully vaccinated.
Dated this [...] day of [...] 18[..]
Signed [...] Medical Officer for the District of [...]
(or) a duly qualified Medical Practitioner.
Schedule C
I hereby certify that I am of the opinion that [...] the
child of [...] of the (town or district of [...]) is
insusceptible of the vaccine disease.
Dated this [...] day of [...] 18[..]
Signed [...] Medical Officer of the District of [...]
(or) a duly qualified Medical Practitioner.
Schedule D
To the father mother or other person having the care
nurture or custody of [...] I hereby give you notice and
require you to have the said child vaccinated forthwith
and if you neglect for six months from the birth
of such child so to do you are liable to a penalty of 40s.
Signed [...] Registrar of Births for the [...] district.
Schedule E
To the father mother or other person having the care
nurture or custody of [...] I hereby give you notice and
require you to have the said child vaccinated forthwith
and if you neglect for two months from this date
so to do you are liable to a penalty of 40s.
Signed [...] Medical Officer of the [...] District.