COVID-19 Public Health Response (Protection Framework) Order 2021
COVID-19 Public Health Response (Protection Framework) Order 2021: revoked, at 11.59 pm on 12 September 2022, by clause 11 of the COVID-19 Public Health Response (Masks) Order 2022 (SL 2022/255).
Version as at 12 September 2022
COVID-19 Public Health Response (Protection Framework) Order 2021
(SL 2021/386)
COVID-19 Public Health Response (Protection Framework) Order 2021: revoked, at 11.59 pm on 12 September 2022, by clause 11 of the COVID-19 Public Health Response (Masks) Order 2022 (SL 2022/255).
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This order is administered by the Ministry of Health.
This order is made by the Minister for COVID-19 Response under sections 11 and 15 of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.
Contents
Order
1 Title
This order is the COVID-19 Public Health Response (Protection Framework) Order 2021.
2 Commencement
This order comes into force at 11.59 pm on 2 December 2021.
3 Purpose
The purpose of this order is to prevent, and limit the risk of, the outbreak or spread of COVID-19 and to otherwise support the purposes of the Act.
Compare: LI 2021/263 cl 3
4 Guide to this order
(1)
Clauses 1 to 15 provide for preliminary matters, including the purpose of this order and definitions of key terms.
(2)
Part 1 provides for the application of COVID-19 provisions (a COVID-19 provision does not have effect unless specified in an active COVID-19 response schedule).
(3)
Part 2 sets out the COVID-19 provisions.
(4)
Part 3 provides that a person must not change their principal home or place of residence following a notice by the Director-General restricting travel for that purpose.
(5)
Part 4 provides for exemptions.
(6)
Part 5 revokes the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021 and contains consequential amendments.
(7)
Schedule 1 provides for transitional, savings, and related provisions.
(8)
Schedule 2 describes category 1 and category 2 businesses or services.
(9)
Schedule 3 lists the permitted purposes for cross-boundary travel, with accompanying travel conditions, for the purposes of clauses 89, 90, and 93.
(10)
Schedule 4 contains maps showing the boundaries of each region and each territorial authority district in New Zealand.
(11)
Schedule 5 is a COVID-19 response schedule specifying the COVID-19 provisions that have effect at Green.
(12)
Schedule 6 is a COVID-19 response schedule specifying the COVID-19 provisions that have effect at Orange.
(13)
Schedule 7 is a COVID-19 response schedule specifying the COVID-19 provisions that have effect at Red.
(14)
[Revoked](15)
This clause is intended as a guide only.
Clause 4(14): revoked, at 11.59 pm on 16 January 2022, by clause 4 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
5 Interpretation
(1)
In this order, unless the context otherwise requires,—
1-metre physical distancing rule means the rule in clause 7
2-metre physical distancing rule means the rule in clause 8
accommodation service—
(a)
means accommodation provided by a business or service in which multiple groups of 1 or more residents share facilities (such as a kitchen, bathroom, or laundry) or common areas (such as a lounge or recreation space), for example,—
(i)
a hotel:
(ii)
tertiary student accommodation:
(iii)
a boarding house:
(iv)
a backpacker hostel:
(v)
seasonal worker accommodation; but
(b)
excludes a school hostel; and
(c)
to avoid doubt, excludes a home or place of residence of tenants under the Residential Tenancies Act 1986
accommodation service bubble arrangement means an arrangement—
(a)
between no more than 10 residents of the same accommodation service; and
(b)
in which the residents who are aged 18 years or over and have full capacity have agreed—
(i)
to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence for the length of their stay at the accommodation service; and
(ii)
not to be part of any other arrangement of the kind described in paragraphs (a) and (b)(i)
Act means the COVID-19 Public Health Response Act 2020
active COVID-19 response schedule means a COVID-19 response schedule that applies to an area described in Part 1 of that schedule
affected aircraft means an aircraft that arrives from a location outside New Zealand
affected airport means an airport at which an affected aircraft arrives from a location outside New Zealand
affected item means—
(a)
an item (apart from cargo or freight) removed for cleaning, disposal, or reuse from an affected ship or a passenger area of an affected aircraft:
(b)
an item removed for cleaning, disposal, or reuse from a managed isolation or quarantine facility
affected ship means a ship that arrives from a location outside New Zealand, unless—
(a)
the ship is a New Zealand Government ship, a warship, or a foreign State ship (as those terms are defined in clause 4 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020); or
(b)
the ship’s arrival is a permitted shipping movement within the meaning of clause 31 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020
aircraft has the same meaning as in section 2(1) of the Civil Aviation Act 1990
aircrew member means any of the following persons:
(a)
cabin crew who—
(i)
are ordinarily resident in New Zealand; and
(ii)
work on an international flight:
(b)
other persons who—
(i)
are ordinarily resident in New Zealand; and
(ii)
are identified as crew members on a crew manifest for an affected aircraft that has travelled internationally; and
(iii)
have an international layover during that travel
airline lounge food and drink business or service means a food and drink business or service operated by an airline for the exclusive use of passengers on a public transport service
airside, in relation to an affected airport, means any part of the affected airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers (for example, a Customs-controlled area)
alternative contact record systems and processes means systems and processes that enable a contact record to be made other than by scanning a QR code
applicable COVID-19 provision, in relation to a person, place, or thing, means a COVID-19 provision specified in an active COVID-19 response schedule that has effect in relation to that person, place, or thing
area means the area described in Part 1 of an active COVID-19 response schedule
border worker means—
(a)
a worker at a managed isolation or quarantine facility:
(b)
a worker who transports to or from a managed isolation or quarantine facility persons required to be in isolation or quarantine under a COVID-19 order:
(c)
an airside worker (other than an excluded airport person):
(d)
a landside worker who interacts with international arriving or international transiting passengers:
(e)
a baggage handler who works at affected airports and who handles baggage from affected aircraft:
(f)
a person (other than an excluded airport person) who enters any enclosed space on board affected aircraft:
(g)
a worker (other than an excluded port person) who boards affected ships:
(h)
a pilot (other than an excluded port person) carrying out work on or around affected ships:
(i)
a stevedore (other than an excluded port person) carrying out work on or around affected ships:
(j)
a worker who transports persons (other than crew) to or from affected ships:
(k)
a port worker (other than an excluded port person) who interacts with persons required to be in isolation or quarantine under a COVID-19 order:
(l)
an aircrew member:
(m)
a worker at an accommodation service (other than a private dwellinghouse) where relevant aircrew members are self-isolating:
(n)
a worker who—
(i)
carries out work for a business or service that is contracted to provide regular services for a managed isolation or quarantine facility; and
(ii)
handles affected items within 72 hours of removal of the items from managed isolation or quarantine facilities; and
(iii)
has contact with any worker specified in paragraph (a) or (b) while both are working:
(o)
a worker who—
(i)
carries out work for a business or service that is contracted to provide regular services for an affected aircraft; and
(ii)
handles affected items within 24 hours of removal of the items from affected aircraft; and
(iii)
has contact with any worker specified in paragraph (c), (d), (e), (f), (l), or (m) while both are working:
(p)
a worker who—
(i)
carries out work for a business or service that is contracted to provide regular services for an affected ship; and
(ii)
handles affected items within 72 hours of removal of the items from affected ships; and
(iii)
has contact with any worker specified in paragraph (g), (h), (i), (j), or (k) while both are working
boundary means the boundary of the area described in an active COVID-19 response schedule
business or service includes—
(a)
a voluntary or not-for-profit service; and
(b)
a private sector business or service; and
(c)
a public sector business or service; and
(d)
a business or service that provides space for other businesses or services to operate within (for example, shopping malls and marketplaces); and
(e)
a business or service that provides facilities or venues for events or activities if people pay to attend an event or participate in an activity or pay to hire a facility or venue; and
(f)
the playing of sports professionally or semi-professionally
category 1 business or service means a business or service specified by a tick in the third column of the table in Schedule 2
category 1 permitted movement has the meaning given by clause 87(2)
category 2 business or service means a business or service specified by a tick in the fourth column of the table in Schedule 2
category 2 permitted movement has the meaning given by clause 88(2)
certified playgroup means a playgroup for which a current certificate is held under the Education (Playgroups) Regulations 2008
class 4 venue has the same meaning as in section 4(1) of the Gambling Act 2003
close-proximity business or service—
(a)
means a business or service to the extent that it carries on activities that it cannot undertake without—
(i)
physical contact, or close proximity, between people; or
(ii)
a worker being closer than 1 metre to the client; and
(b)
includes—
(i)
a certified playgroup; and
(ii)
an OSCAR programme delivered at premises other than the premises of a registered school; but
(c)
excludes—
(i)
sports; and
(ii)
specified social services; and
(iii)
education entities
Examples
Examples of close-proximity businesses and services are massage services and hairdressing services.
contact details, in relation to a person, means—
(a)
the name of the person; and
(b)
a telephone number that may be used to easily contact the person
contact record means a record of a person entering a workplace or attending a gathering that contains—
(a)
the name of the person; and
(b)
the date on which and time at which the person entered the workplace or attended the gathering; and
(c)
if the record is being provided to another person, a telephone number that may be used to easily contact the person who is entering the workplace or attending the gathering
COVID-19 provision means a provision of Part 2
COVID-19 response schedule means any schedule of this order other than Schedules 1 to 4
COVID-19 test has the meaning given in clause 96(5)
crew has the same meaning as in clause 4(1) of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020
customers and clients—
(a)
includes any non-paying customer or client; but
(b)
in relation to an education entity, excludes students or children attending the education entity
defined space has the meaning given by clause 9
designated education and care premises means the premises of—
(a)
a licensed early childhood service:
(b)
a registered school:
(c)
an OSCAR programme:
(d)
a school hostel
designated premises has the meaning given by clause 10
district has the same meaning as in section 5(1) of the Local Government Act 2002
DOC visitor accommodation means a hut, lodge, cottage, camp, or other facility that—
(a)
is available for public accommodation on a temporary basis; and
(b)
is administered and managed by the Department of Conservation
domestic air transport service means a public transport service that is transporting persons by air transport between places that are both in New Zealand
education entity means—
(a)
a licensed early childhood service:
(b)
a registered school:
(c)
a tertiary education provider:
(d)
a school hostel
election means an election of a member of the House of Representatives
election worker means a worker undertaking work related to an election
enclosed space,—
(a)
in relation to an aircraft, means an enclosed or a partially enclosed space on board the aircraft in which it is not practicable to remain at least 2 metres from the aircrew or international arriving or international transiting passengers:
(b)
in relation to an affected ship, means an enclosed or partially enclosed space on board the ship in which it is not practicable to remain at least 2 metres from the ship’s crew
event—
(a)
means an activity organised by a business or service—
(i)
that is held at—
(A)
commercial premises or private premises (whether indoors or outdoors); or
(B)
publicly owned premises hired for the purpose of the activity; or
(C)
an outdoor area where a group of customers and clients is accompanied or supervised by a worker providing services to that group (for example, a guided tour); and
(ii)
for which entry is controlled (whether through ticketing, fees, registration, or any other means); and
(b)
also means normal operations at cinemas, theatres, stadiums, concert venues, conference venues, casinos, and private galleries; but
(c)
excludes any activity at a private dwellinghouse
excluded airport person means a person who—
(a)
works at an affected airport and only interacts with international departing passengers (other than international transiting passengers); or
(b)
works on the airside of an affected airport only in areas that are inaccessible to international arriving or international transiting passengers, and does not interact with international arriving or international transiting passengers on the landside of the affected airport
excluded port person means a person who is in isolation or quarantine on a ship under a COVID-19 order
extended bubble arrangement means an agreement by all of the residents (who are aged 18 years or over and have full capacity) of 2 or more homes or places of residence within the same area to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence for the purpose of keeping connections with family or whānau, enabling caregiving, or supporting persons living alone or otherwise isolated
face covering means a covering of any type that—
(a)
covers the nose and mouth of a person; and
(b)
is secured to the person’s head by ear loops or a head loop
face covering rule means the rule in clause 11(1)
fellow resident has the meaning given by clause 12
food and drink business or service—
(a)
means a business or service that sells, offers, or provides food or drink to customers and clients for consumption at the premises of the business or service, such as—
(i)
a restaurant, cafe, bar, or club; and
(ii)
a soup kitchen or other place where food or drink is provided without charge; and
(b)
includes a business or service that sells, offers, or provides food or drink to customers and clients—
(i)
in a shopping mall, for consumption in the shopping mall; or
(ii)
as part of an event, for consumption at that event; but
(c)
excludes—
(i)
a business or service to the extent that it sells, offers, or provides food or drink to its workers:
(ii)
a business or service to the extent that it provides food or drink on the premises of a health service to patients of the health service:
(iii)
a business or service to the extent that it provides food or drink in connection with a specified social service:
(iv)
a school hostel or an accommodation service that is tertiary student accommodation
food court means a space that—
(a)
is a single indoor space (within the meaning of clause 9) in a shopping mall; and
(b)
is used for the consumption of food or drink that is sold, offered, or provided by a food and drink business or service; and
(c)
is not that food and drink business or service’s own distinct defined space
gaming machine has the same meaning as in section 4(1) of the Gambling Act 2003
gathering has the meaning given by clause 13
gym—
(a)
means an indoor exercise facility operated by a business or service for which access is—
(i)
limited to its members; or
(ii)
otherwise controlled by the facility (whether through ticketing, fees, registration, or any other means); and
(b)
excludes an exercise facility that is available for use only by the residents of the premises on which the facility is located
health service means—
(a)
a health service within the meaning of section 5(1) of the Health Practitioners Competence Assurance Act 2003; and
(b)
treatment or social rehabilitation provided under the Accident Compensation Act 2001; and
(c)
disability support services within the meaning of section 6(1) of the New Zealand Public Health and Disability Act 2000
high risk infringement offence means the high risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021
high-risk person means a person who—
(a)
has been diagnosed as having COVID-19; or
(b)
has 1 or more COVID-19 symptoms; or
(c)
is being or has been tested for COVID-19 and is awaiting a test result; or
(d)
has been in close contact with someone with suspected, probable, or confirmed COVID-19 in the previous 14 days
home or place of residence—
(a)
includes a campervan, caravan, or other vehicle or temporary structure (for example, a tent) that is a place of residence; and
(b)
in the case of a building (other than an accommodation service or a school hostel), includes the land that is part of the property on which the building is situated (other than any common areas); and
(c)
includes any prison, hospital, or other facility or place in which a person is detained or compulsorily placed under any legislation; and
(d)
in the case of a block of flats or other building (other than an accommodation service) that has more than 1 home or place of residence, excludes the other homes or places of residence; and
(e)
in the case of an accommodation service or a school hostel, includes all of the homes or places of residence, shared facilities (such as a kitchen, bathroom, or laundry), common areas (such as a lounge or recreation space), and land that is part of the property on which the building is situated
in-home service means a service provided to a person at the person’s home or place of residence
international layover means a stay in accommodation provided by an accommodation service (for example, a stay in a hotel) at any place outside New Zealand for a period of 6 hours or more
Isolation and Quarantine Order means the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020
landside, in relation to an affected airport, means any part of the affected airport that is not airside
licensed early childhood service has the same meaning as in section 10(1) of the Education and Training Act 2020
limited outdoor gathering has the meaning given by clause 50
limited purpose gathering has the meaning given by clause 49
low risk infringement offence means the low risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021
managers of a private school has the same meaning as in section 10(1) of the Education and Training Act 2020
medical-grade face covering means a covering that meets or exceeds any of the following standards (see subclause (3)):
(a)
Type IIR of BS EN 14683:2019 Medical face masks. Requirements and test methods:
(b)
Level 2 of ASTM F2100-21 Standard Specification for Performance of Materials Used in Medical Face Masks:
(c)
AS 4381:2015 Single-use face masks for use in health care
medical-grade face covering rule means the rule in clause 11(2)
medium risk infringement offence means the medium risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021
MSD service premises means premises to the extent that they are—
(a)
operated by the Ministry of Social Development to deliver services to the public; or
(b)
premises where services are provided by the Ministry of Social Development to the public
OSCAR programme—
(a)
means a programme for children’s out-of-school care and recreation approved under regulation 45 of the Social Security Regulations 2018; and
(b)
includes any other programmes delivered by OSCAR providers for before-school and after-school care, holiday programmes, and camps for—
(i)
children up to the age of 13 who are enrolled and attending school; or
(ii)
children aged up to 18 years who are eligible to receive a child disability allowance
permitted business or service has the meaning given by clause 64
permitted event has the meaning given by clause 51
permitted gathering has the meaning given by clause 42
permitted movement has the meaning given by clause 86
person in control has the meaning given by clause 14
person responsible, in relation to a gathering, means a person who is 1 or both of the following:
(a)
an organiser of the gathering:
(b)
a person in control of the defined space or premises in which the gathering is held
physical distancing rule means—
(a)
the rule in clause 34; or
(b)
the 1-metre physical distancing rule; or
(c)
the 2-metre physical distancing rule
premises includes any—
(a)
commercial premises or private premises (whether indoors or outdoors); and
(b)
premises owned or managed by central or local government (whether indoors or outdoors); and
(c)
vehicle
public facility—
(a)
means premises that are—
(i)
owned or managed by central or local government; and
(ii)
used for recreational, social, community, or cultural activities or services; and
(iii)
open to the public generally (including premises where fees are charged for entry); and
(iv)
indoor or a mix of indoor and outdoor; but
(b)
excludes those premises when used exclusively for an event or a gathering; and
(ba)
excludes DOC visitor accommodation; and
(c)
excludes recreation facilities that require membership to enter (for example, gyms)
Examples
Examples of public facilities are libraries, zoos, and museums.
public transport service—
(a)
means a service for the carriage of passengers for hire or reward that is available to the public generally; but
(b)
excludes a school transport service; and
(c)
excludes a service for the carriage of passengers for hire or reward that is hired for the purposes of—
(i)
a business or service; or
(ii)
a permitted gathering or a permitted event; and
(d)
always includes a service of the kind described in paragraph (a) that is provided by means of a small passenger service vehicle
QR code means a unique identifying code issued by the New Zealand Government for the purpose of enabling contact tracing
rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005
region has the same meaning as in section 5(1) of the Local Government Act 2002
registered school has the same meaning as in section 10(1) of the Education and Training Act 2020
regulated business or service has the meaning given by clause 25(3)
relevant aircrew member means a person—
(a)
who is in isolation after a flight on which the person arrived in New Zealand; and
(b)
who was—
(i)
on the crew manifest for the flight; or
(ii)
on the flight at the direction of an airline for which the person carries out work as a pilot, co-pilot, or flight attendant
school board has the same meaning as in section 7(1)(d) of the Crown Entities Act 2004
school hostel has the same meaning as hostel in section 10(1) of the Education and Training Act 2020
school transport service means the carriage of passengers for hire or reward that is contracted or funded by the Ministry of Education, local authorities, school boards, managers of a private school, or Auckland Transport for the sole or primary purpose of transporting children or students to and from school
shared bubble arrangement means an agreement by all of the residents (who are aged 18 years or over and have full capacity) of no more than 2 homes or places of residence within the same area to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence
shared caregiver, in relation to a child, means a person who, under an agreement, or a parenting order or an interim parenting order made under the Care of Children Act 2004, has the role of providing the day-to-day care of the child
ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994
small passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
specified composite class means a class in which more than half of the students are in years 1 to 3
specified in-home service has the meaning given by item 52 of Schedule 2
specified KiwiRail service means any of the following services of KiwiRail Holdings Limited:
(a)
the TranzAlpine service:
(b)
the Coastal Pacific service:
(c)
the Northern Explorer service
specified social service means a service provided under the Oranga Tamariki Act 1989, and other social services provided to support persons to maintain critical well-being and as crisis support for people who are unsafe or homeless
student participating in an extra-curricular or a curricular activity means a student who is enrolled in a registered school and is participating in an extra-curricular or curricular activity if—
(a)
the activity is organised, directed, or facilitated by the school; or
(b)
the student’s participation in the activity is organised, directed, authorised, or facilitated by the school
tertiary education premises—
(a)
means any premises where any of the following services or activities are undertaken or provided by or on behalf of a tertiary education provider:
(i)
formal or informal teaching, learning, or research activities:
(ii)
student support and advisory services, and administrative or operations activities; but
(b)
excludes the following:
(i)
premises that are not under the control or supervision of a tertiary education provider:
(ii)
premises that are designated premises or tertiary student accommodation:
(iii)
premises at which an event is occurring
tertiary education provider—
(a)
has the same meaning as in section 10(1) of the Education and Training Act 2020; but
(b)
excludes a government training establishment and a registered school
transport station has the same meaning as in section 591(6) of the Local Government Act 1974
transport station food and drink business or service means a food and drink business or service operating within a transport station in a space that is not its own distinct defined space
transport station retail business or service means a retail business or service operating within a transport station in a space that is not its own distinct defined space
vaccination grounds means the consideration of whether or not a person—
(a)
[Revoked](b)
holds a COVID-19 vaccination exemption or COVID-19 vaccination authorisation; or
(c)
has been vaccinated (within the meaning of the Act) or otherwise vaccinated against COVID-19
vaccine-mandate work means any work that is certain work as defined in clause 4 of the COVID-19 Public Health Response (Vaccinations) Order 2021
vehicle includes a vessel, rail vehicle, ship, aircraft, motorcycle, bicycle, or low-powered vehicle
venue business means a business that provides a venue for gatherings (whether as the main or an ancillary part of the business)
visitor, in relation to an education entity,—
(a)
means a person who is not ordinarily at the education entity for the purposes of receiving or providing, or assisting in or supporting the receipt or provision of, education services; and
(b)
includes a person participating in inter-school activities, or attending activities at (or connected with) the education entity
voting place means—
(a)
a polling place appointed under section 155(1) of the Electoral Act 1993:
(b)
an advance voting place as defined in section 197A(10) of the Electoral Act 1993
vulnerable person means a person who is at significant risk of serious illness if the person contracts COVID-19
worker, in relation to a business or service, means any person who carries out work in any capacity for that business or service (whether paid or unpaid)
workplace—
(a)
means premises where work is being carried out, or is customarily carried out, for a business or service; and
(b)
includes premises where a worker goes, or is likely to be, while at work.
(2)
See regulation 5(2) and (3) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021 for the penalties for the classes of infringement offences.
(3)
Copies of the standards incorporated by reference in the definition of medical-grade face covering are—
(a)
available for inspection, free of charge, at the head office of the Ministry of Health and at other places that the Director-General determines are appropriate; and
(b)
available for purchase from—
(i)
Standards New Zealand, in the case of BS EN 14683:2019:
(ii)
ASTM International, in the case of ASTM F2100-21:
(iii)
Standards Australia, in the case of AS 4381:2015.
Compare: LI 2021/263 cls 4, 13(3), 35(1)
Clause 5(1) affected aircraft: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) affected airport: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) affected item: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) affected ship: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) affected worker: revoked, at 11.59 pm on 2 July 2022, by clause 15(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) aircraft: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) aircrew member: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) airside: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) border worker: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) crew: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) close-proximity business or service paragraph (b): replaced, at 11.59 pm on 12 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 5(1) close-proximity business or service paragraph (c): replaced, at 11.59 pm on 12 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 5(1) close-proximity business or service paragraph (c)(i): amended, at 11.59 pm on 21 May 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 5(1) COVID-19 test: inserted, at 11.59 pm on 12 December 2021, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 5(1) CVC: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 5(1) CVC compliant: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 5(1) CVC rules: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 5(1) DOC visitor accommodation: inserted, at 11.59 pm on 23 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 5(1) education outside the classroom service: revoked, at 11.59 pm on 12 March 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
Clause 5(1) election: inserted, at 11.59 pm on 21 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 5(1) election worker: inserted, at 11.59 pm on 21 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 5(1) enclosed space: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) EOTC provider: revoked, at 11.59 pm on 12 March 2022, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
Clause 5(1) excluded airport person: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) excluded port person: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) face covering: replaced, at 11.59 pm on 4 April 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 5(1) face covering rule: amended, at 11.59 pm on 4 April 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 5(1) food and drink business or service: replaced, at 11.59 pm on 23 December 2021, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 5(1) food court: inserted, at 11.59 pm on 21 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 5(1) gym: replaced, at 11.59 pm on 23 December 2021, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 5(1) high risk infringement offence: inserted, on 4 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 5(1) international layover: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) landside: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) licensed early childhood service: replaced, at 11.59 pm on 12 December 2021, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 5(1) low risk infringement offence: inserted, on 4 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 5(1) Maritime Border Order: revoked, at 11.59 pm on 2 May 2022, by clause 28 of the COVID-19 Public Health Response (Maritime Border and Other Matters) Amendment Order 2022 (SL 2022/125).
Clause 5(1) medical-grade face covering: inserted, at 11.59 pm on 3 February 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 (SL 2022/6).
Clause 5(1) medical-grade face covering rule: inserted, at 11.59 pm on 4 April 2022, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 5(1) medium risk infringement offence: inserted, on 4 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 5(1) MSD service premises: inserted, at 11.59 pm on 23 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 5(1) non-CVC rules: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 5(1) public facility paragraph (ba): inserted, at 11.59 pm on 23 December 2021, by clause 4(4) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 5(1) relevant aircrew member: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) specified composite class: inserted, at 11.59 pm on 23 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 5(1) specified EOTC event: revoked, at 11.59 pm on 12 March 2022, by clause 4(4) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
Clause 5(1) specified KiwiRail service: inserted, at 11.59 pm on 23 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 5(1) student participating in an extra-curricular or a curricular activity: inserted, at 11.59 pm on 12 March 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
Clause 5(1) travel condition: revoked, at 11.59 pm on 12 December 2021, by clause 4(4) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 5(1) vaccination grounds paragraph (a): revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 5(1) Vaccinations Order: revoked, at 11.59 pm on 2 July 2022, by clause 15(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Clause 5(1) vaccine-mandate work: replaced, at 11.59 pm on 4 April 2022, by clause 4(4) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 5(1) valid CVC: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 5(1) visitor: inserted, at 11.59 pm on 12 March 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
Clause 5(1) voting place: inserted, at 11.59 pm on 21 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 5(2): inserted, on 4 December 2021, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 5(3): inserted, at 11.59 pm on 3 February 2022, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 (SL 2022/6).
6 When person is CVC compliant
[Revoked]Clause 6: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
7 Meaning of 1-metre physical distancing rule
In this order, the 1-metre physical distancing rule—
(a)
requires that a person remain at least 1 metre away from any other person, so far as is reasonably practicable; but
(b)
applies only if the 1-metre physical distancing rule (rather than the 2-metre physical distancing rule) applies to each person referred to in paragraph (a) (for example, both persons are workers); and
(c)
does not apply to a person in relation to their fellow residents.
8 Meaning of 2-metre physical distancing rule
In this order, the 2-metre physical distancing rule—
(a)
requires that a person remain at least 2 metres away from any other person, so far as is reasonably practicable; but
(b)
does not apply to a person in relation to their fellow residents.
9 Meaning of defined space
(1)
In this order, defined space—
(a)
means any single indoor space or outdoor space; and
(b)
if there is more than 1 space in any premises, means a space described in paragraph (a) for which there are systems and processes in operation that ensure, so far as is reasonably practicable, that persons using the space (other than workers) do not intermingle at a distance closer than 2 metres with other persons using, entering, or leaving the premises.
(2)
For the purposes of this clause,—
(a)
an indoor space is a single space if there are walls (whether permanent or temporary) that substantially divide that space from other spaces:
(b)
an outdoor space is a single space if—
(i)
there are walls (whether permanent or temporary) that substantially divide that space from other spaces; or
(ii)
all people in that space are separated by at least 2 metres from other people who are outside that space.
Compare: LI 2021/263 cl 4(1), (2)
Clause 9(2)(a): replaced, at 11.59 pm on 21 May 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
10 Meaning of designated premises
In this order, designated premises means—
(a)
a supermarket:
(b)
a dairy:
(c)
a pharmacy:
(d)
a petrol station:
(e)
a public transport service except—
(i)
a domestic air transport service; or
(ii)
a Cook Strait ferry; or
(iii)
a specified KiwiRail service:
(f)
premises of health services that are partly or wholly funded by—
(i)
the Ministry of Health:
(ii)
Oranga Tamariki—Ministry for Children:
(iii)
the Ministry of Social Development:
(iv)
the Department of Corrections:
(v)
a district health board:
(vi)
Veterans’ Affairs New Zealand:
(vii)
the Accident Compensation Corporation:
(g)
a school transport service:
(h)
Kāinga Ora housing, as defined in section 2 of the Public and Community Housing Management Act 1992:
(i)
premises let, or to be let, by or on behalf of a registered community housing provider (as defined in section 2 of the Public and Community Housing Management Act 1992), but only if the tenancy was granted as a tenancy of social housing to a tenant assessed under that Act as eligible to be allocated social housing:
(j)
any other housing or accommodation funded by, or under contract to,—
(i)
the Ministry of Housing and Urban Development, except for any grant funding or loan agreement:
(ii)
the Department of Corrections:
(iii)
Oranga Tamariki—Ministry for Children:
(k)
a housing support service funded by, or under contract to, any department referred to in paragraph (j):
(l)
emergency accommodation provided by or funded by a government department for people in need:
(m)
premises used to provide shelter or emergency and temporary housing for people in a civil defence emergency:
(n)
MSD service premises:
(o)
a voting place.
Clause 10(e)(iii): inserted, at 11.59 pm on 23 December 2021, by clause 5(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 10(n): inserted, at 11.59 pm on 23 December 2021, by clause 5(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 10(o): inserted, at 11.59 pm on 21 May 2022, by clause 6 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
11 Meaning of face covering rule and medical-grade face covering rule
(1)
In this order, the face covering rule requires that a person must wear a face covering except as provided in subclause (3).
(2)
In this order, the medical-grade face covering rule requires that a person must wear a medical-grade face covering except as provided in subclause (3).
(3)
A person is not required to wear a face covering or medical-grade face covering—
(a)
if the person—
(i)
is under the age of 12 years; or
(ii)
has a physical or mental illness or condition or disability that makes wearing a face covering unsuitable; or
(b)
when outdoors; or
(c)
when taking medicine; or
(d)
when eating or drinking; or
(e)
when in a defined or an enclosed space that is separate from the passenger area of a vehicle that is in use as part of a public transport service; or
(f)
when communicating with a person who is deaf or hard of hearing and visibility of the mouth is essential for communication; or
(g)
when asked to remove the face covering to ascertain the person’s identity; or
(h)
if wearing a face covering is not safe in all of the circumstances; or
(i)
in an emergency (see clause 102); or
(j)
when exercising or playing sport; or
(ja)
when at a voting place to vote in an election; or
(k)
when removal of, or not wearing, the face covering is otherwise required or authorised by law; or
(l)
if the person has an exemption pass issued to them under clause 106A.
(4)
To avoid doubt, a person does not need an exemption pass to rely on subclause (3)(a)(ii).
Clause 11: replaced, at 11.59 pm on 4 April 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 11(3)(ja): inserted, at 11.59 pm on 21 May 2022, by clause 7 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 11(3)(l): inserted, at 11.59 pm on 30 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165).
Clause 11(4): inserted, at 11.59 pm on 30 May 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165).
12 Meaning of fellow resident
(1)
In this order, fellow resident, in relation to any person (person A),—
(a)
means any of the following:
(i)
a person who resides at the same home or place of residence (other than an accommodation service) as person A:
(ii)
a person who resides at another home or place of residence if person A has a shared caregiver arrangement with, or in respect of, that other person:
(iii)
if person A is residing at an accommodation service,—
(A)
a person who is in the same accommodation service bubble arrangement as person A; or
(B)
a person who resides at the accommodation service with person A and with whom person A has the same principal home or place of residence; or
(C)
a person under the age of 18 years who resides with person A at the accommodation service and for whom person A is providing a specified social service; but
(b)
excludes another person who resides at a school hostel with person A.
(2)
In subpart 10 of Part 2, fellow resident has the meaning given by subclause (1), and also means a person who resides at another home or place of residence in relation to which person A has an extended bubble arrangement or, if applicable, a shared bubble arrangement.
Compare: LI 2021/263 cl 4(1)
13 Meaning of gathering
In this order, gathering—
(a)
means a group of people in a defined space; but
(b)
excludes a group of people at an event.
Examples
A gathering for voluntary or not-for-profit sporting, recreational, social, or cultural activities.
A gathering for community club activities (except activities that occur at the same time and place as services provided under a club licence under section 21 of the Sale and Supply of Alcohol Act 2012).
A faith-based gathering.
A funeral or tangihanga.
A gathering held in a defined space or premises of a workplace if that space or those premises is for the exclusive use of the gathering.
Clause 13: replaced, at 11.59 pm on 21 May 2022, by clause 8 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
14 Meaning of person in control
In this order, person in control,—
(a)
in relation to a defined space or premises (other than a vehicle in use as part of a public transport service),—
(i)
means a person who manages or controls the defined space or premises; and
(ii)
includes—
(A)
any occupier of the defined space or premises; and
(B)
if a facility or venue of a business or service is hired for an event or activity, that business or service; and
(b)
in relation to a public transport service,—
(i)
means a person who carries on the business of operating the public transport service; but
(ii)
excludes a person who drives or operates a vehicle in use as part of that service (unless the driver or operator is also a person described in subparagraph (i)).
Compare: LI 2021/263 cl 4(1)
15 Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Part 1 Application of COVID-19 provisions
16 Guide to COVID-19 provisions and COVID-19 response schedules
(1)
This order sets out in Part 2 a range of public health measures (COVID-19 provisions).
(2)
However, the COVID-19 provisions do not apply unless they are specified in a COVID-19 response schedule that applies to an area (an active COVID-19 response schedule).
(3)
The COVID-19 provisions that have been activated are those listed in an active COVID-19 response schedule (for example, see Part 2 of Schedule 6 for the COVID-19 provisions that apply at Orange).
(4)
To help readers interpret an active COVID-19 response schedule, Schedule 4 contains maps showing the boundaries of each region and each territorial authority district in New Zealand.
(5)
This clause is intended only as a guide to the relationship between the COVID-19 provisions and the active COVID-19 response schedules.
17 COVID-19 provision has effect only if specified in active COVID-19 response schedule
A COVID-19 provision—
(a)
does not have effect unless it is specified in an active COVID-19 response schedule; and
(b)
has effect in the manner specified in that schedule and subject to any modifications in that schedule; but
(c)
is subject to Part 4 (which provides for exemptions).
18 How COVID-19 provision applies to business or service
(1)
This clause applies to a COVID-19 provision that is specified in an active COVID-19 response schedule.
(2)
A COVID-19 provision that applies to a business or service applies to the person who carries on that business or service.
(3)
A COVID-19 provision that applies in relation to a particular activity applies to a business or service to the extent that the activity is carried out by the business or service.
(4)
If more than 1 business or service operates in the same, or shared, premises (for example, a shopping mall, a marketplace, or a cafe that operates in an office building), each of those businesses or services must comply with the COVID-19 provision to the extent that it applies to that business or service or its activities.
Compare: LI 2021/263 cl 5
Part 2 COVID-19 provisions
Subpart 1—QR codes and contact records
19 QR code must be displayed in workplaces
(1)
A person in control of a workplace must ensure that—
(a)
a copy of a QR code for the workplace is displayed in a prominent place at or near the main entrance of the workplace; and
(b)
so far as is reasonably practicable, 1 or more copies of the QR code are displayed in 1 or more prominent places elsewhere within the workplace; and
(c)
displayed copies of the QR code are in a condition that enables the QR code to be scanned for the purpose of enabling contact tracing; and
(d)
displayed copies of the QR code are not altered in a way that makes it unclear that the QR code was issued by the New Zealand Government for the purpose of enabling contact tracing.
(2)
However, subclause (1)—
(a)
does not apply if the workplace is a vehicle; and
(b)
applies to the workplace of a business or service that is in a home or place of residence only if—
(i)
customers or clients of the business or service customarily enter the home or place of residence; or
(ii)
workers of the business or service customarily enter the home or place of residence (and those workers are not residents of the home or place of residence or providing a specified social service).
(3)
In addition, subclause (1)(b) and (d) does not apply to a copy of a QR code that is displayed on a menu or at a table in a workplace.
(4)
A breach of any of subclause (1)(a) to (d) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 9
Clause 19(4): amended, on 4 December 2021, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
20 QR code must be displayed on public transport services
(1)
A person in control of a public transport service must ensure that—
(a)
a copy of a QR code is displayed in a prominent place on or inside any vehicle that is in use as part of the service; and
(b)
so far as is reasonably practicable, 1 or more copies of the QR code are displayed in 1 or more prominent places elsewhere inside the vehicle; and
(c)
displayed copies of the QR code are in a condition that enables the QR code to be scanned for the purpose of enabling contact tracing; and
(d)
displayed copies of the QR code are not altered in a way that makes it unclear that the QR code was issued by the New Zealand Government for the purpose of enabling contact tracing.
(2)
However, subclause (1) does not apply in relation to a public transport service if 1 or both of the following apply:
(a)
all persons using the service are required to supply their contact details in order to use the service:
(b)
the service is a school transport service.
(3)
In addition, subclause (1)(b) and (d) does not apply in relation to a vehicle that has 5 or fewer seats (including the driver’s seat).
(4)
A breach of any of subclause (1)(a) to (d) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 10
Clause 20(4): amended, on 4 December 2021, by clause 6 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
21 Workplaces must have alternative contact record systems and processes
(1)
A person in control of a workplace must have alternative contact record systems and processes in place to enable a contact record to be kept of,—
(a)
in the case of a workplace described in subclause (3), all workers of that workplace entering the workplace:
(b)
in the case of any other workplace, all persons aged 12 years or older entering that workplace.
(2)
If the person in control of the workplace collects a contact record under subclause (1) for the sole purpose of enabling contact tracing, the person must—
(a)
keep the record for a period of 60 days; and
(b)
then dispose of the record.
(3)
For the purposes of subclause (1)(a), a workplace is—
(a)
a transport station; or
(b)
a supermarket; or
(c)
a petrol station (including any business operating out of the petrol station).
(4)
A breach of subclause (1) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 11
Clause 21(4): amended, on 4 December 2021, by clause 7 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
22 Business or service must have systems and processes to ensure people entering workplace scan QR code or provide contact record
(1)
A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that each relevant person who enters any workplace of the business or service—
(a)
scans the QR code for the workplace; or
(b)
provides a contact record in accordance with the workplace’s alternative contact record systems and processes.
(2)
In this clause,—
relevant person means,—
(a)
in relation to a transport station, supermarket, or petrol station (including any business operating out of the petrol station), a worker; and
(b)
in relation to any other business or service, each person aged 12 years or older who is not a worker
worker, in relation to a court or tribunal, includes a judicial officer of that court or tribunal.
Compare: LI 2021/263 cls 28, 44, Schedules 2, 6
Subpart 2—Face coverings
23 Person must comply with face covering rule in specified premises or circumstances
(1)
A person must comply with the face covering rule in the premises or circumstances specified in an active COVID-19 response schedule for the purposes of this clause.
(2)
However, subclause (1) does not apply to the following workers:
(a)
an entertainer performing at those premises or in those circumstances, provided that they are complying with the 2-metre physical distancing rule in relation to the audience:
(b)
a person presenting to an audience at those premises or in those circumstances (for example, a person presiding over, or assisting in leading, a faith-based gathering or a person presenting at tertiary education premises), provided that they are complying with the 2-metre physical distancing rule.
(3)
A breach of subclause (1) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Clause 23(2): replaced, at 11.59 pm on 21 May 2022, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 23(2)(a): amended, at 11.59 pm on 30 May 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165).
Clause 23(3): amended, on 4 December 2021, by clause 8 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
23A Certain workers must comply with medical-grade face covering rule
(1)
A person must comply with the medical-grade face covering rule if they are—
(a)
a worker of a type specified in an active COVID-19 response schedule for the purposes of this clause; and
(b)
working in the circumstances specified for that type of worker in that schedule.
(2)
However, subclause (1) does not apply to the following workers:
(a)
a worker performing as an entertainer, provided that they are complying with the 2-metre physical distancing rule in relation to the audience:
(b)
a person presenting to an audience, provided that they are complying with the 2-metre physical distancing rule.
(3)
If an active COVID-19 response schedule requires a person to comply with both the face covering rule and the medical-grade face covering rule, the person must comply with the medical-grade face covering rule.
Clause 23A: inserted, at 11.59 pm on 4 April 2022, by clause 7 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 23A(2): replaced, at 11.59 pm on 21 May 2022, by clause 10 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 23A(2)(a): amended, at 11.59 pm on 30 May 2022, by clause 6 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165).
24 Business or service must have systems and processes to ensure workers wear face coverings or medical-grade face coverings
(1)
A business or service at which workers are required by an applicable COVID-19 provision to comply with the face covering rule or the medical-grade face covering rule must have systems and processes in place to—
(a)
ensure, as far as is reasonably practicable, that workers at the workplace comply with the face covering rule or the medical-grade face covering rule; and
(b)
mitigate, as far as is reasonably practicable, the risks of spreading COVID-19 that arise to the extent that workers are unable to wear a face covering or a medical-grade face covering in the circumstances described in clause 11(3)(a)(ii).
(2)
Subclause (1) does not apply to public transport operators.
Clause 24: replaced, at 11.59 pm on 4 April 2022, by clause 8 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Subpart 3—Access to premises
Subpart 3 heading: replaced, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
CVC requirements relating to regulated businesses and services[Revoked]
Heading: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
25 Regulated business or service must comply with CVC rules or non-CVC rules
[Revoked]Clause 25: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
26 Regulated business or service must display CVC status
[Revoked]Clause 26: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
27 Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance
[Revoked]Clause 27: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
CVC requirements relating to individuals[Revoked]
Heading: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
28 Person who is not CVC compliant must not enter regulated premises that are CVC-only
[Revoked]Clause 28: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
29 Person must produce CVC when requested at regulated premises that are CVC-only
[Revoked]Clause 29: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
30 Person must produce valid CVC
[Revoked]Clause 30: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Access must not be denied on vaccination grounds
31 Person must not be denied access to certain premises on vaccination grounds
Designated premises
(1)
A business or service in control of designated premises must not deny a person, other than a worker, entry to the premises on vaccination grounds.
(2)
If the designated premises are MSD service premises, the obligation in subclause (1) applies only in relation to the following people:
(a)
a person seeking to access services provided by the Ministry of Social Development:
(b)
a family member of a person described in paragraph (a) who is accompanying that person:
(c)
a person who is supporting or assisting a person described in paragraph (a).
(2A)
If the designated premises are a voting place, the obligation in subclause (1) applies only in relation to the following people:
(a)
a person seeking to vote in an election:
(b)
a family member of a person described in paragraph (a) who is accompanying that person:
(c)
a person who is supporting or assisting a person described in paragraph (a).
(3)
Subclause (1) is subject to clause 98A (which relates to public transport services on certain routes) if clause 98A is an applicable COVID-19 provision.
Designated education and care premises
(4)
A person in control of designated education and care premises—
(a)
must not deny entry on vaccination grounds to the following people if they are seeking to access education services at the premises:
(i)
a child or student (including a person seeking to enrol at those premises); and
(ii)
a parent or caregiver of that child or student unless they are a volunteer or worker at the premises; and
(b)
must not deny entry on vaccination grounds to a boarder at a school hostel; but
(c)
may require people to be vaccinated or exempt persons at a visitor-inclusive event that is hosted at the designated education and care premises.
Tertiary education premises
(5)
A tertiary education provider must not deny a secondary student entry to tertiary education premises on vaccination grounds if the student is participating in—
(a)
a secondary-tertiary programme held at the tertiary education premises; or
(b)
a school learning programme of which part is held at the tertiary education premises.
(6)
However, a tertiary education provider may deny a secondary student entry to tertiary education premises on vaccination grounds if the student is seeking to carry out vaccine-mandate work or vaccine-policy work at the premises as part of a secondary-tertiary programme or a school learning programme.
Premises at which students are participating in extra-curricular or curricular activity
(7)
A person in control of premises must not deny entry on vaccination grounds to a secondary student participating in an extra-curricular or a curricular activity at the premises.
(8)
However, a person in control of premises may deny a secondary student entry to the premises on vaccination grounds if the student is seeking to carry out vaccine-mandate work or vaccine-policy work at the premises (even if the work is part of a secondary-tertiary programme or a school learning programme).
Miscellaneous
(9)
This clause is subject to the Trespass Act 1980.
(10)
In this clause,—
vaccine-policy work, in relation to premises, means work for which the person in control of the premises has determined that workers must provide evidence of being vaccinated against COVID-19
visitor means a person who is not ordinarily at the designated education and care premises for the purpose of receiving or providing, or assisting in or supporting the receipt or provision of, education services
visitor-inclusive event means an activity that includes visitors.
Clause 31: replaced, at 11.59 pm on 16 April 2022, by clause 7 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 7) 2022 (SL 2022/113).
Clause 31(2): amended, at 11.59 pm on 21 May 2022, by clause 11(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 31(2A): inserted, at 11.59 pm on 21 May 2022, by clause 11(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 31(4)(c): amended, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
32 Person must not be denied access to goods or services from certain premises on vaccination grounds
(1)
A business or service in control of designated premises from which goods or services are provided must not deny a person, other than a worker, access to those goods or services (whether for that person or on behalf of others) on vaccination grounds.
(2)
A person in control of designated education and care premises from which goods or services are provided must not deny a person referred to in clause 31(4)(a) or (b) access to those goods or services (whether for that person or on behalf of others) on vaccination grounds.
(2A)
A person in control of premises from which goods or services are provided must not deny a student referred to in clause 31(7) access to those goods or services on vaccination grounds.
(3)
A tertiary education provider from which goods or services are provided must not deny a secondary student referred to in clause 31(5) access to those goods or services on vaccination grounds.
(3A)
In relation to MSD service premises, subclause (1) applies only in relation to persons referred to in clause 31(2)(a).
(3B)
In relation to a voting place, the obligation in subclause (1) applies only in relation to persons referred to in clause 31(2A)(a).
(4)
Subclause (1) does not apply to a person in control if they are a person who resides in designated premises described in clause 10(h) to (m).
(5)
Subclause (1) is subject to clause 98A (which relates to public transport services on certain routes).
Clause 32(2): amended, at 11.59 pm on 16 April 2022, by clause 8(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 7) 2022 (SL 2022/113).
Clause 32(2A): inserted, at 11.59 pm on 12 March 2022, by clause 13 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
Clause 32(2A): amended, at 11.59 pm on 16 April 2022, by clause 8(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 7) 2022 (SL 2022/113).
Clause 32(3): amended, at 11.59 pm on 16 April 2022, by clause 8(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 7) 2022 (SL 2022/113).
Clause 32(3A): inserted, at 11.59 pm on 23 December 2021, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 32(3A): amended, at 11.59 pm on 21 May 2022, by clause 12(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 32(3A): amended, at 11.59 pm on 16 April 2022, by clause 8(4) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 7) 2022 (SL 2022/113).
Clause 32(3B): inserted, at 11.59 pm on 21 May 2022, by clause 12(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 32(5): inserted, at 11.59 pm on 12 December 2021, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
33 Business or service in control of premises must allow people access to designated premises
(1)
A business or service in control of premises (premises A) that people must enter for the purpose of accessing designated premises, or goods or services from those designated premises,—
(a)
must allow them to enter premises A for that purpose; and
(b)
may require them to enter premises A through identified access ways for designated premises only; and
(c)
must not request them to produce evidence of being vaccinated against COVID-19, for the purpose of accessing designated premises; and
(d)
must have systems and processes to ensure that they are able to access other parts of premises A only in compliance with all applicable COVID-19 provisions.
(1A)
However, in relation to MSD service premises, subclause (1) applies only to persons referred to in clause 31(2)(a) to (c).
(1B)
In subclause (1), other parts of premises A means any part of premises A except—
(a)
designated premises that can be accessed only by entering premises A; and
(b)
identified access ways for those designated premises.
(2)
This clause is subject to the Trespass Act 1980.
Clause 33(1)(c): amended, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 33(1)(d): inserted, at 11.59 pm on 23 December 2021, by clause 10(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 33(1A): inserted, at 11.59 pm on 23 December 2021, by clause 10(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 33(1A): amended, at 11.59 pm on 16 April 2022, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 7) 2022 (SL 2022/113).
Clause 33(1B): inserted, at 11.59 pm on 23 December 2021, by clause 10(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
33A Business or service in control of premises A must allow student access for purpose of participating in extra-curricular or curricular activity in premises B
(1)
A business or service in control of premises (premises A) that a student participating in an extra-curricular or a curricular activity at premises B must enter for the purpose of entering premises B—
(a)
must allow them to enter premises A for that purpose; and
(b)
may require them to enter premises A through identified access ways for accessing premises B only; and
(c)
must not require them to produce evidence of being vaccinated against COVID-19; and
(d)
must have systems and processes in place to ensure that they are able to access other parts of premises A only in compliance with all applicable COVID-19 provisions.
(2)
In subclause (1),—
premises B means any premises or part of premises A that is used by a student participating in an extra-curricular or curricular activity that the student can only access by entering premises A
other parts of premises A means any part of premises A except—
(a)
premises used by a student participating in an extra-curricular or curricular activity that the student can only access by entering premises A; and
(b)
identified access ways for those premises.
(3)
This clause is subject to the Trespass Act 1980.
Clause 33A: inserted, at 11.59 pm on 12 March 2022, by clause 14 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
Clause 33A(1)(c): amended, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Subpart 4—Physical distancing and capacity limits
Physical distancing
34 People must maintain physical distancing so far as is reasonably practicable in specified premises or circumstances
(1)
A person must maintain physical distancing from any other person, so far as is reasonably practicable, in the premises or circumstances specified in an active COVID-19 response schedule for the purposes of this clause.
(2)
This clause—
(a)
applies only if this clause (rather than the 1-metre physical distancing rule or 2-metre physical distancing rule) applies to each person referred to in subclause (1)); and
(b)
does not apply to a person in relation to their fellow residents.
Compare: LI 2021/263 cl 22(4)
35 People must comply with 1-metre physical distancing rule in specified premises or circumstances
(1)
A person must comply with the 1-metre physical distancing rule in the premises or circumstances specified in an active COVID-19 response schedule for the purposes of this clause.
(2)
A breach of subclause (1) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Clause 35(2): amended, on 4 December 2021, by clause 12 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
36 People must comply with 2-metre physical distancing rule in specified premises or circumstances
(1)
A person must comply with the 2-metre physical distancing rule in the premises or circumstances specified in an active COVID-19 response schedule for the purposes of this clause.
(2)
A breach of subclause (1) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Clause 36(2): amended, on 4 December 2021, by clause 13 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
37 Workers must keep 1 metre away from each other and 2 metres away from other people
(1)
A worker at a workplace other than their home or place of residence must, so far as is reasonably practicable,—
(a)
remain at least 1 metre away from any other worker at the workplace; and
(b)
remain at least 2 metres away from any other person.
(2)
A breach of subclause (1) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cls 15(1)(b), 22(3)(a), (8), 34(3)(a), (5)
Clause 37(2): amended, on 4 December 2021, by clause 14 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
38 Business or service must have systems and processes to comply with applicable physical distancing rules
(1)
A business or service must have systems and processes in place to—
(a)
maintain compliance, so far as is reasonably practicable, with any applicable physical distancing rule for all workers in a workplace of, or while working for, the business or service; and
(b)
maintain compliance, so far as is reasonably practicable, with any applicable physical distancing rule for any other persons entering a workplace, or using the services, of the business or service.
(2)
To avoid doubt, a business or service need not have systems and processes in place under subclause (1) to the extent that no physical distancing rule applies in relation to a person at the workplace of, using the services of, or working for the business or service.
Compare: LI 2021/263 cls 26(1)(a), (b), 30(1)(b)–(d), (2), 41(1)(a), (b), 42(1)(a), (2), (3), (4)(a), (5)
39 Business or service must mitigate risk of spreading COVID-19 to extent physical distancing cannot be maintained
(1)
A business or service must have systems and processes in place to mitigate, so far as is reasonably practicable, the risks of spreading COVID-19 that arise to the extent that physical distancing in accordance with the applicable physical distancing rules cannot be fully maintained (for example, through regular cleaning of surfaces or the installation of plastic barriers).
(2)
In this clause, applicable physical distancing rule has the same meaning as in clause 38(3).
Compare: LI 2021/263 cls 26(1)(c), 30(2)(b), 41(1)(c), 42(4)(b)
Capacity limits
40 Business or service must comply with capacity limit based on specified physical distancing rule
(1)
A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that the number of people in a defined space at any one time does not exceed the maximum number of people who could occupy the space if each person were to comply with the specified physical distancing rule.
(2)
In this clause, specified physical distancing rule means the physical distancing rule specified in an active COVID-19 response schedule for the purposes of subclause (1).
41 Business or service must comply with fixed capacity limit based on specified physical distancing rule
(1)
A business or service must ensure that the number of people in a defined space at any one time does not exceed the lesser of the following:
(a)
the fixed number of people:
(b)
the maximum number of people who could occupy the space if each person were to comply with specified physical distancing rule.
(2)
In this clause,—
fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (1)(a)
specified physical distancing rule means the physical distancing rule specified in an active COVID-19 response schedule for the purposes of subclause (1)(b).
Subpart 5—Gatherings
General
42 No gatherings unless permitted
(1)
A person must not attend a gathering unless it is a permitted gathering.
(2)
A person must not organise a gathering unless it is a permitted gathering.
(3)
A person in control of premises must ensure that a gathering does not take place at the premises unless it is a permitted gathering.
(4)
However, subclauses (1) to (3)—
(a)
do not apply to a gathering of fellow residents; and
(b)
to avoid doubt, do not apply to a gathering at premises referred to in section 12(2)(c) or (d) of the Act; and
(c)
do not apply to an event; and
(d)
do not apply to a gathering for the purpose of a business or service at—
(i)
an office workplace; or
(ii)
a gym; or
(iii)
a court or tribunal; and
(e)
do not apply to normal operations at retail; and
(f)
do not apply to normal operations at an education entity.
(5)
In this clause, permitted gathering means a gathering of a kind permitted in an active COVID-19 response schedule (through the specification of any of clauses 43 to 50).
Compare: LI 2021/263 cls 4, 31, 33(1)(e), 46(2), 48, 50(1)
Clause 42(4)(c): inserted, at 11.59 pm on 21 May 2022, by clause 13 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 42(4)(d): inserted, at 11.59 pm on 21 May 2022, by clause 13 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 42(4)(e): inserted, at 11.59 pm on 21 May 2022, by clause 13 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 42(4)(f): inserted, at 11.59 pm on 21 May 2022, by clause 13 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Types of CVC compliant permitted gatherings[Revoked]
Heading: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
43 Gathering of CVC compliant people permitted
[Revoked]Clause 43: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
44 Gathering of fixed number of CVC compliant people permitted
[Revoked]Clause 44: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
45 Gathering of CVC compliant people permitted if capacity limit met
[Revoked]Clause 45: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
46 Gathering of CVC compliant people permitted if indoor capacity limit not exceeded
[Revoked]Clause 46: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
46A Gathering of CVC compliant people permitted if outdoors
[Revoked]Clause 46A: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Permitted gatherings
Heading: replaced, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
47 Gathering permitted if indoor capacity limit not exceeded
(1)
A gathering that complies with the requirements in subclauses (2) to (4) is permitted.
(2)
The gathering must not exceed the number limit, which,—
(a)
in an indoor defined space (other than a private dwellinghouse), is the lesser of the following:
(i)
the fixed number of people (excluding workers):
(ii)
the maximum number of people who could occupy the space if each person were to comply with the specified physical distancing rule:
(b)
in a private dwellinghouse, is the fixed number of people (excluding workers) in the dwellinghouse at any one time.
(3)
A person responsible for the gathering must ensure that the number of people in an indoor defined space or a private dwellinghouse (as applicable) at any one time does not exceed the number limit.
(4)
A person responsible for the gathering—
(a)
must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering—
(i)
scans the QR code for the gathering or otherwise makes their own contact record; or
(ii)
provides a contact record that is kept by one of the people responsible for or attending the gathering; but
(b)
need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(5)
[Revoked](6)
A breach of subclause (3) is a high risk infringement offence for the purposes of section 26(3) of the Act.
(7)
In this clause,—
fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (2)(a) or (b)
specified physical distancing rule means the physical distancing rule specified in an active COVID-19 response schedule for the purposes of subclause (2)(a).
Clause 47 heading: replaced, at 11.59 pm on 4 April 2022, by clause 10(1) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 47(1): amended, at 11.59 pm on 23 December 2021, by clause 15(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 47(2): replaced, at 11.59 pm on 4 April 2022, by clause 10(2) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 47(3): amended, at 11.59 pm on 4 April 2022, by clause 10(3) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 47(5): revoked, at 11.59 pm on 23 December 2021, by clause 15(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 47(6): replaced, on 4 December 2021, by clause 19 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 47(6): amended, at 11.59 pm on 23 December 2021, by clause 15(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
47A Gathering permitted if outdoors
A gathering is permitted if it is held outdoors.
Clause 47A: inserted, at 11.59 pm on 4 April 2022, by clause 11 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
48 Fixed number gathering permitted
(1)
A gathering that complies with the requirements in subclauses (2) to (4) is permitted.
(2)
The gathering must not exceed the number limit, which is—
(a)
the fixed number of people (excluding workers) in a defined space at any one time; or
(b)
if the gathering is held at a private dwellinghouse, the fixed number of people (excluding workers) in the dwellinghouse at any one time.
(3)
A person responsible for the gathering must ensure that the number of people in a defined space or a private dwellinghouse (as applicable) at any one time does not exceed the number limit.
(4)
A person responsible for the gathering—
(a)
must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering—
(i)
scans the QR code for the gathering or otherwise makes their own contact record; or
(ii)
provides a contact record that is kept by one of the people responsible for or attending the gathering; but
(b)
need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(5)
[Revoked](6)
A breach of subclause (3) is a high risk infringement offence for the purposes of section 26(3) of the Act.
(7)
In this clause, fixed number means the number of people specified in an active COVID-19 response schedule for the purposes of subclause (2)(a) or (c).
Clause 48(1): amended, at 11.59 pm on 23 December 2021, by clause 16(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 48(5): revoked, at 11.59 pm on 23 December 2021, by clause 16(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 48(6): replaced, on 4 December 2021, by clause 20 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 48(6): amended, at 11.59 pm on 23 December 2021, by clause 16(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
49 Limited purpose gathering permitted
(1)
A limited purpose gathering is permitted, but only if the requirements in subclauses (2) to (5) are met.
(2)
A person responsible for a limited purpose gathering—
(a)
must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering—
(i)
scans the QR code for the gathering or otherwise makes their own contact record; or
(ii)
provides a contact record that is kept by one of the people responsible for or attending the gathering; but
(b)
need not comply with paragraph (a) if every person aged 12 years or older at the limited purpose gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(3)
In this clause, limited purpose gathering means a gathering that meets all of the following requirements:
(a)
the gathering is for one of the following purposes:
(i)
viewing a tūpāpaku or deceased person:
(ii)
a funeral service:
(iii)
a tangihanga:
(iv)
a wedding or civil union service:
(b)
the number of attendees (excluding workers) at any one time at the gathering (the attendees) does not exceed the specified number of attendees:
(c)
the number of workers at any one time at the gathering (including any celebrant, organiser, or other assistant) (the workers) does not exceed the specified number of workers:
(d)
the workers comply with the 2-metre physical distancing rule (so far as is reasonably practicable in relation to attendees):
(e)
if the gathering is indoors and food or drink is served, people who are eating or drinking are seated.
(4)
[Revoked](5)
The requirement in subclause (2)(a) does not apply to a gathering organised by a venue business (see instead clause 22).
(6)
[Revoked](7)
In this clause,—
specified number of attendees means the number specified in an active COVID-19 response schedule for the purposes of subclause (3)(b)
specified number of workers means the number specified in an active COVID-19 response schedule for the purposes of subclause (3)(d).
Compare: LI 2021/263 cls 31(3)(c), 32
Clause 49(4): revoked, at 11.59 pm on 23 December 2021, by clause 17 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 49(6): revoked, at 11.59 pm on 23 December 2021, by clause 17 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
50 Limited outdoor gathering permitted
(1)
A limited outdoor gathering is permitted, but only if the requirements in subclauses (2) and (3) are met.
(2)
In this clause, limited outdoor gathering means a gathering that meets both the following requirements:
(a)
the gathering is held outdoors:
(b)
there are no more than the fixed number of people (excluding workers) at any one time at the gathering.
(3)
A person responsible for the gathering—
(a)
must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering—
(i)
scans the QR code for the gathering or otherwise makes their own contact record; or
(ii)
provides a contact record that is kept by one of the people responsible for or attending the gathering; but
(b)
need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(4)
[Revoked](5)
[Revoked](6)
In this clause, fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (2)(b).
Compare: LI 2021/263 cls 31(3)(ca), 32A
Clause 50(1): amended, at 11.59 pm on 23 December 2021, by clause 18(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 50(4): revoked, at 11.59 pm on 23 December 2021, by clause 18(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 50(5): revoked, at 11.59 pm on 23 December 2021, by clause 18(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Subpart 6—Events
51 No event unless permitted
(1)
A person must not attend an event unless it is a permitted event.
(2)
A person must not organise an event unless it is a permitted event.
(3)
A person in control of premises must ensure that an event does not take place at the premises unless it is a permitted event.
(4)
In this clause, permitted event means an event of a kind permitted in an active COVID-19 response schedule (through the specification of any of clauses 52 to 54A).
Clause 51(4): amended, at 11.59 pm on 4 April 2022, by clause 12 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
52 Event permitted for CVC compliant people only
[Revoked]Clause 52: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
53 Event for CVC compliant people permitted if indoor capacity limit not exceeded
[Revoked]Clause 53: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
53A Outdoor event permitted for CVC compliant people
[Revoked]Clause 53A: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
54 Fixed capacity indoor event permitted
(1)
An event that complies with the requirements in subclauses (2) to (5) is permitted.
(2)
The event must not exceed the lesser of the following in an indoor defined space (the number limit):
(a)
the fixed number of people (excluding workers):
(b)
the maximum number of people who could occupy the space if each person were to comply with the specified physical distancing rule.
(3)
The organiser of the event for the event must ensure that the number of people in an indoor defined space at any one time does not exceed the number limit.
(4)
The organiser of the event must comply with clauses 19 and 21.
(5)
The organiser of the event must have systems and processes in place to ensure, so far as is reasonably practicable, that each person who enters the workplace (that is, the place where the event is held)—
(a)
scans the QR code for the workplace; or
(b)
provides a contact record in accordance with the organiser’s alternative contact record systems and processes.
(6)
A breach of subclause (3) is a high risk infringement offence for the purposes of section 26(3) of the Act.
(7)
In this clause,—
fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (2)(a)
specified physical distancing rule means the physical distancing rule specified in an active COVID-19 response schedule for the purposes of subclause (2)(b).
Clause 54 heading: amended, at 11.59 pm on 4 April 2022, by clause 14(1) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 54(2): amended, at 11.59 pm on 4 April 2022, by clause 14(2) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 54(3): amended, at 11.59 pm on 4 April 2022, by clause 14(3) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Clause 54(6): amended, on 4 December 2021, by clause 25 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
54A Outdoor event permitted
An event is permitted if it is held outdoors.
Clause 54A: inserted, at 11.59 pm on 4 April 2022, by clause 15 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
54A Specified EOTC events permitted
[Revoked]Clause 54A: revoked, at 11.59 pm on 12 March 2022, by clause 22 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
Subpart 7—Restrictions on access
55 Business or service must have systems and processes to prevent customers entering workplace except to enable contactless collection of goods
A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that no customers or clients enter the workplace except to the minimum extent necessary to collect goods through a method that minimises physical contact and—
(a)
does not involve entering a building; or
(b)
involves entering a shopping mall, but not entering an individual store; or
(c)
involves entering a building, but only to access a PO Box (including an in-person collection service at a PO Box lobby) or an in-person collection service at a Card to Call counter operated by New Zealand Post Limited.
Compare: LI 2021/263 Schedule 2 item 27
Clause 55 examples: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
56 New Zealand Post must have systems and processes for limited customer access
New Zealand Post must have systems and processes in place that allow customers to have access only to 1 or both of the following:
(a)
PO boxes (including in-person collection services at a PO Box lobby):
(b)
in-person collection services at a Card to Call counter.
Compare: LI 2021/263 Schedule 2 item 12
57 Hardware and do-it-yourself store must have systems and processes for contactless or drive-through collection of goods only
A business or service in control of a hardware or a do-it-yourself store must have systems and processes in place that allow customers (other than trade customers) to collect goods only through a method that—
(a)
minimises physical contact; and
(b)
either—
(i)
does not involve entering a building; or
(ii)
involves entering a building only for the purpose of using a facility at which customers collect goods by having them loaded into their vehicles.
58 Shopping mall must have systems and processes to enable contactless collection of goods only
A business or service in control of a shopping mall must have systems and processes in place that allow customers to have access only for the purpose of enabling goods to be collected through a method that minimises physical contact.
Compare: LI 2021/263 Schedule 2 item 10
59 Shopping mall must have systems and processes to enable access to permitted business or service
(1)
A business or service in control of a shopping mall must have systems and processes in place that allow customers to have access only for the purpose of enabling them to have access to a permitted business or service.
(2)
In this clause, permitted business or service is a business or service that a customer is permitted to have access to in accordance with an applicable COVID-19 provision.
Compare: LI 2021/263 Schedule 2 item 10
60 Business or service must have systems and processes to prevent customers entering workplace
A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that—
(a)
no customers or clients enter the workplace; and
(b)
there is no close personal contact with or between customers or clients.
61 Business or service must have systems and processes to prevent customers entering workplace unless specified business or service (restrictive setting)
(1)
A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that—
(a)
no customers or clients enter the workplace; and
(b)
there is no close personal contact with or between customers or clients.
(2)
Subclause (1) does not apply to a specified business or service within the meaning of clause 62.
Compare: LI 2021/263 cl 30(1)(a)
62 Specified business or service permitted to let customers enter workplace
(1)
A specified business or service is permitted to let customers or clients enter the workplace.
(2)
In this clause, specified business or service means a business or service of a kind specified in an active COVID-19 response schedule for the purposes of this clause.
Subpart 8—Restrictions on opening
63 Business or service must close premises
(1)
A business or service in the area must close its premises.
(2)
However, subclause (1) does not prevent a person from undertaking any necessary work in the premises for either of the following purposes:
(a)
minimum basic operations required to—
(i)
maintain the condition or value of, or clean, the premises or any plant, equipment, or goods in the premises:
(ii)
care for animals:
(iii)
receive stock or freight (including livestock):
(iv)
enable workers to work, or to continue to work, remotely from their homes or places of residence:
(b)
preparing the premises for reopening (and to meet public health guidance).
(3)
A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.
(4)
To avoid doubt, this clause does not apply to any premises referred to in section 12(2)(c) or (d) of the Act.
Compare: LI 2021/263 cl 25
Clause 63(3): amended, on 4 December 2021, by clause 26 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
64 Business or service must be closed unless permitted to open (restrictive setting)
(1)
A business or service that has premises in the area must close those premises unless it is a permitted business or service.
(2)
However, subclause (1) does not prevent a person from undertaking any necessary work in the premises for either of the following purposes:
(a)
minimum basic operations required to—
(i)
maintain the condition or value of, or clean, the premises or any plant, equipment, or goods in the premises:
(ii)
care for animals:
(iii)
receive stock or freight (including livestock):
(iv)
enable workers to work, or to continue to work, remotely from their homes or places of residence:
(b)
preparing the premises for reopening (and to meet public health guidance).
(3)
To avoid doubt, this clause does not apply to any premises referred to in section 12(2)(c) or (d) of the Act.
(4)
A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cls 25, 30(1)(d), 42(1)(b)
Clause 64(4): amended, on 4 December 2021, by clause 27 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
65 Category 1 business or service permitted to open premises
A category 1 business or service may open its premises, but only if operating in compliance with all applicable COVID-19 provisions.
66 Category 1 and 2 business or service permitted to open premises
A category 1 business or service or category 2 business or service may open its premises, but only if operating in compliance with all applicable COVID-19 provisions.
67 Specified business or service permitted to open premises
A business or service of a kind specified an active COVID-19 response schedule may open its premises, but only if operating in compliance with all applicable COVID-19 provisions.
Subpart 9—Other requirements for businesses or services
Food and drink
68 Business or service must have systems and processes to comply with no consumption of food or drink requirement
(1)
A business or service must have systems and processes in place to prevent food and drink from being served for consumption on the premises (other than a home or place of residence).
(2)
Subclause (1) does not apply to the following:
(a)
a food and drink business or service operating in compliance with the applicable COVID-19 provisions:
(b)
a business or service to the extent that it sells, offers, or provides food or drink to its workers:
(c)
a business or service to the extent that it provides food or drink on the premises of a health service to patients of the health service:
(d)
a business or service to the extent that it provides food or drink in connection with a specified social service:
(e)
a school hostel or an accommodation service that is tertiary student accommodation:
(f)
an accommodation service that provides food and drink without close personal contact between people (for example, the contactless delivery of room service in a hotel).
Compare: LI 2021/237 Schedule 2; LI 2021/263 Schedule 2 items 6–17
Clause 68 heading: amended, at 11.59 pm on 12 December 2021, by clause 10 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 68(2)(b): amended, at 11.59 pm on 23 December 2021, by clause 20(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 68(2)(c): replaced, at 11.59 pm on 23 December 2021, by clause 20(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 68(2)(d): replaced, at 11.59 pm on 23 December 2021, by clause 20(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
69 Customers and clients at food and drink business or service must comply with seating requirements
(1)
All customers and clients at a workplace of a food and drink business or service must—
(a)
be seated at a table, except in the circumstances described in subclause (3); and
(b)
be seated at a table together in a number that does not exceed the number (if any) specified in an active COVID-19 response schedule for the purposes of this subclause; and
(c)
comply, so far as is reasonably practicable, with the 1-metre physical distancing rule (rather than the 2-metre physical distancing rule) when they are not seated at a table.
(2)
The requirement for customers and clients to be seated at a table does not apply if they are—
(a)
entering premises, using a toilet or bathroom, paying, or departing from premises; or
(b)
ordering or collecting food or drink, but only if doing so at premises other than on-licence premises or club licence premises.
(3)
Nothing in this clause applies to—
(a)
an accommodation service selling or providing food or drink for residents (including room service):
(b)
[Revoked](c)
[Revoked](d)
a vending machine that is located and used within a workplace:
(e)
a cinema, theatre, or stadium selling food or drink to customers or clients when they are seated inside the cinema, theatre, or stadium:
(f)
the use of gaming machines operated in a class 4 venue, but only if—
(i)
no food or drink is served or consumed within 2 metres of the gaming machines; and
(ii)
no person is permitted to use a gaming machine who does not comply with the face covering rule:
(g)
a gathering held in a defined space or premises of a workplace if that space or those premises is for the exclusive use of the gathering.
(4)
If a food and drink business or service holds an on-licence or a club licence and the customers or clients at the workplace are unable to meet the requirements of subclause (1) in relation to an activity, the activity is prohibited.
(5)
A food and drink business or service must have systems and processes in place to ensure that—
(a)
there is at least a 1-metre separation between customers and clients seated at adjacent tables; and
(b)
the requirements of subclauses (1) and (4) are met.
(6)
A breach of subclause (1) or (4) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 38, Schedule 6 item 20
Clause 69(3)(b): revoked, at 11.59 pm on 23 December 2021, by clause 21 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 69(3)(c): revoked, at 11.59 pm on 23 December 2021, by clause 21 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 69(3)(g): inserted, at 11.59 pm on 21 May 2022, by clause 14 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Clause 69(6): amended, on 4 December 2021, by clause 28 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
70 Business or service must have systems and processes to prevent sale of food or drink requiring work on premises
A business or service must have systems and processes in place to prevent the sale or offer of food and drink that requires further preparation or packaging on premises after the sale or offer.
Compare: LI 2021/237 Schedule 2
Clause 70 heading: amended, at 11.59 pm on 12 December 2021, by clause 11 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Transport and logistics
71 Worker delivering goods must wear face covering
[Revoked]Clause 71: revoked, at 11.59 pm on 12 March 2022, by clause 23 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
72 Passengers on public transport services must be seated
(1)
A passenger of a vehicle that is in use as a public transport service must, so far as is reasonably practicable, remain seated when the vehicle is in motion.
(2)
A public transport service must have systems and processes in place to ensure, so far as is reasonably practicable, that passengers remain seated in the vehicle when the vehicle is in motion.
(3)
However, this clause does not apply to the following public transport services:
(a)
air transport:
(b)
any public transport service that supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses).
(4)
A breach of subclause (1) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 22(5), (6), Schedule 2 item 19
Clause 72(4): amended, on 4 December 2021, by clause 30 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
73 Physical distancing requirements on public transport services on specified route
(1)
If a vehicle that is in use as part of a public transport service travels on a specified route, this clause applies in respect of the entire specified route taken by that vehicle.
Physical distancing
(2)
If the vehicle is a public transport service other than one provided by means of air transport or a small passenger service vehicle, the business or service must have systems and processes in place to maintain compliance, so far as is reasonably practicable, with the 1-metre physical distancing rule for all persons in the vehicle.
(3)
If the vehicle is a public transport service provided by means of air transport or a small passenger service vehicle, the business or service must have systems and processes in place to maintain physical distancing, so far as is reasonably practicable, for all persons in the vehicle.
Passengers to remain seated
(4)
If the vehicle is a public transport service other than one described in subclause (5),—
(a)
passengers must, so far as is reasonably practicable, remain seated in the vehicle when it is in motion; and
(b)
the business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that passengers remain seated in the vehicle when it is in motion.
(5)
Subclause (4) does not apply to the following public transport services:
(a)
air transport:
(b)
a service that uses a small passenger service vehicle:
(c)
any public transport service where the service supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses).
(6)
In this clause, specified route means a route that involves a vehicle travelling—
(a)
between—
(i)
an area that is described in an active COVID-19 response schedule for the purposes of this subparagraph (location A); and
(ii)
an area that is described in an active COVID-19 response schedule for the purposes of this subparagraph (location B); or
(b)
to and from location A, if the vehicle passes through location B.
(7)
A breach of subclause (4)(a) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
Clause 73(7): amended, on 4 December 2021, by clause 31 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Education
74 How face covering rule applies to education entities
[Revoked]Clause 74: revoked, at 11.59 pm on 12 March 2022, by clause 24 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
74A How CVC requirements apply to education outside the classroom services
[Revoked]Clause 74A: revoked, at 11.59 pm on 12 March 2022, by clause 25 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
75 How 2-metre physical distancing rule applies to education entities
(1)
A visitor must comply with the 2-metre physical distancing rule in relation to any non-visitor.
(2)
A non-visitor must comply with the 2-metre physical distancing rule in relation to any visitor.
(3)
In this clause, non-visitor means a person at the education entity who is not a visitor.
Compare: LI 2021/263 cls 22(1), 22A, 23(6)
Clause 75(3): replaced, at 11.59 pm on 12 March 2022, by clause 26 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
76 Education entities must have systems and processes to keep appropriately sized and stable groups
An education entity must have systems and processes in place to keep children, students, and staff, so far as is reasonably practicable, in groups that are appropriately sized and stable.
Clause 76: replaced, at 11.59 pm on 23 December 2021, by clause 23 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
77 Education entities must have systems and processes to manage numbers of students and children on site
An education entity must have systems and processes in place to manage numbers of students and children on site.
Compare: LI 2021/263 Schedule 2 item 16
Clause 77: replaced, at 11.59 pm on 23 December 2021, by clause 24 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
78 Tertiary education provider must have systems and processes to verify CVC compliance
[Revoked]Clause 78: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
79 Tertiary education provider must have systems and processes to ensure only workers enter premises
A tertiary education provider must have systems and processes in place to ensure, so far as is reasonably practicable, that—
(a)
the only persons who enter the tertiary education premises are workers; and
(b)
the workers remain on the premises only to the extent necessary for those workers to provide distance or online learning.
Retail
80 Greengrocers, butchers, and fishmongers must be indoors and have fixed location
(1)
This clause applies to the following businesses or services:
(a)
greengrocers:
(b)
butchers:
(c)
fishmongers.
(2)
The business or service may open only if its premises are indoors and have a fixed location.
(3)
A breach of subclause (2) is a high risk infringement offence for the purposes of section 26(3) of the Act.
Clause 80(3): amended, on 4 December 2021, by clause 33 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Gyms, sports, and other exercise
81 Outdoor sports facilities must close indoor parts
(1)
This clause applies to the following outdoor sports facilities:
(a)
golf courses:
(b)
tennis courts:
(c)
bowling greens:
(d)
croquet lawns:
(e)
an outdoor sports facility specified in an active COVID-19 response schedule for the purposes of this subclause.
(2)
The person in control of the outdoor sports facility must close all indoor parts of the facility to customers and clients, except toilets and any indoor part of the facility to which access is required for access to those toilets.
(3)
A breach of subclause (2) is a high risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 Schedule 2
Clause 81(2): amended, at 11.59 pm on 23 December 2021, by clause 25 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 81(3): amended, on 4 December 2021, by clause 34 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Venue businesses
82 Venue businesses must have systems and processes to ensure venue used only for limited purpose gatherings
A venue business must have systems and processes in place to ensure that the venue is used only for the purpose of a limited purpose gathering.
Miscellaneous
83 In-home services must have systems and processes to keep contact records of workers
(1)
This clause applies to a business or service that provides an in-home service.
(2)
The business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that a contact record is kept in respect of each home or place of residence entered by its workers to provide an in-home service.
(3)
If the business or service keeps a contact record for the sole purpose of enabling contact tracing, the business or service must—
(a)
keep the record for a period of 60 days; and
(b)
then dispose of the record.
(4)
In this clause, contact record means, in respect of each home or place of residence entered,—
(a)
the name of each worker who entered the home or place of residence; and
(b)
the address of the home or place of residence; and
(c)
the date and time the home or place of residence was entered.
Compare: LI 2021/263 cl 29
84 Specified in-home services must ensure only certain people present when service provided
(1)
A business or service providing a specified in-home service must ensure that the only people present when the service is provided are,—
(a)
in the case of real estate or property relocation services, the following:
(i)
residents of the home or place of residence:
(ii)
residents of 1 other home or place of residence who are inspecting the property for the purposes of relocation, or who are relocating to the property:
(iii)
the minimum number of workers required to provide the service:
(b)
in the case of legal services to execute documents, the following:
(i)
person A:
(ii)
a fellow resident of person A:
(iii)
the minimum number of workers required to provide the service:
(iv)
up to 2 other people if those other people are necessary to enable the execution of the document:
(c)
in any other case, the following:
(i)
person A:
(ii)
a fellow resident of person A:
(iii)
the minimum number of workers required to provide the service.
(2)
In this clause, person A means the person for whom an in-home service is provided at their home or place of residence.
Compare: LI 2021/263 Schedule 2
85 Specified in-home service may be provided if needed to address risk to health or safety
A business or service may provide a specified in-home service only if the provision of the service is necessary to address a risk to health or safety.
Compare: LI 2021/237 Schedule 2 item 39
Subpart 10—Restrictions on movement and related requirements
Movement within area under localised lockdown
86 Person must stay at home except when undertaking permitted movement
(1)
A person must, except when undertaking permitted movement,—
(a)
remain at their current home or place of residence; and
(b)
if their home or place of residence is mobile, keep that home or place of residence in the same general location.
(2)
(3)
A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 20
Clause 86(3): amended, on 4 December 2021, by clause 35 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
87 Category 1 movement within area permitted
(1)
A person is permitted—
(a)
to leave their home or place of residence to undertake category 1 permitted movement within the area (and then return directly to their home or place of residence afterwards); and
(b)
if the person’s home or place of residence is mobile, to move that home or place of residence to the extent that the person would be permitted (if it were not mobile) to leave the home or place of residence under paragraph (a).
(2)
In this clause, category 1 permitted movement means movement to do 1 or more of the following:
Accessing businesses or services
(1)
to access any business or service if—
(a)
the access is for the person’s own needs or on behalf of a fellow resident, a vulnerable person, or a high-risk person; and
(b)
the business or service is the nearest business or service of that kind; and
(c)
the business or service is—
(i)
a business or service that is exempt under clauses 102 to 104; or
(ii)
a business or service of a kind that is permitted to let customers or clients enter the workplace under clause 62; or
(iii)
in any other case, a permitted business or service:
Working
(2)
to provide a business or service that is exempt under clauses 102 to 104 if they are a worker referred to in clause 103(1) or 104(p):
(3)
to provide a business or service operating in compliance with all applicable COVID-19 provisions:
(4)
to undertake necessary work under clause 64(2) at premises that would otherwise be closed:
Limited recreation purposes
(5)
to undertake exercise or other recreation if—
(a)
it is done in an outdoor place appropriate for that kind of exercise or recreation that is readily accessible (including by using their vehicle) from their home or place of residence; and
(b)
it is done in compliance with—
(i)
the applicable physical distancing rules; and
(ii)
clause 42 (no gatherings unless permitted); and
(c)
it does not involve swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, craft (whether motorised or not), or motorised equipment, hunting in motorised vehicles, tramping, flying manned aircraft, paragliding, or hang gliding; and
(d)
it does not involve any other activities that expose the participant to danger or may require search and rescue services:
Limited customary purposes
(6)
to exercise Māori customary rights to fishing and food gathering if—
(a)
it is done in an outdoor place that is readily accessible (including by using their vehicle) from their home or place of residence; and
(b)
it is done in compliance with—
(i)
the applicable physical distancing rules; and
(ii)
clause 42 (no gatherings unless permitted); and
(c)
it does not involve swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, craft (whether motorised or not), or motorised equipment, hunting in motorised vehicles, tramping, or flying manned aircraft; and
(d)
it does not involve any other activities that expose the participant to danger or may require search and rescue services:
Shared bubble arrangements and shared caregiver arrangements
(7)
to visit or stay at another home or place of residence under a shared bubble arrangement if—
(a)
one person lives alone in one, or both, of those residences; or
(b)
all persons in one of those residences are vulnerable persons:
(8)
if the person is a child leaving the home or place of residence of a shared caregiver, to visit or stay at the home or place of residence of another shared caregiver provided that the residents of the homes or places of residence of the shared caregivers are part of the same shared bubble arrangement:
Care of children and others
(9)
to provide urgent care for a child or to provide care or support to a person in a critical or terminal condition:
(10)
to provide childcare for a worker doing work described in paragraph (2), (3), or (4), or who is exempt from clause 86 pursuant to an exemption granted by the Director-General under clause 105, if—
(a)
the worker has to leave their home or place of residence to work and has no one in their shared bubble arrangement who is able to provide childcare; and
(b)
the person who provides the childcare—
(i)
is the only person outside the worker’s home, place of residence, or shared bubble arrangement who provides the worker with childcare; and
(ii)
does not provide childcare to any other person and acts as if they were in a shared bubble arrangement with the worker:
(11)
to convey children to, or from, the home or place of residence of a person providing childcare if the conveying person is the worker, or the childcare provider, described in paragraph (10):
Accessing health services
(12)
to access a health service, including to receive a vaccination:
Accessing judicial institutions
(13)
to attend a court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution:
Leaving or relocating home on court order, etc
(14)
to leave or change their home or place of residence as required by—
(a)
a court order (except an order relating to parenting or guardianship); or
(b)
anyone exercising a power under any enactment to—
(i)
order the person to be detained; or
(ii)
order the person to change their place of detention; or
(iii)
determine the person’s place of residence:
Example of power
A direction of the New Zealand Parole Board or a probation officer.
(15)
to leave or change a home or a place of residence after a period of requirement, detention, or determination described in paragraph (14):
Leaving or relocating home from hospital, etc
(16)
to leave or change a home or a place of residence that is a hospital, another residential health service, or residential care:
Leaving New Zealand
(17)
if leaving New Zealand for another jurisdiction, to go to—
(a)
an airport or a port from which the person will leave New Zealand; or
(b)
any managed isolation and quarantine facility immediately before leaving New Zealand:
Emergencies
(18)
if necessary, to preserve their own or any other person’s life or safety:
Relocating home or business premises
(19)
to change their home or place of residence if necessary to use a temporary or an emergency home or place of residence (for example, for care while sick or to seek refuge in women’s refuge accommodation):
Going home after isolation or quarantine (or arrival)
(20)
to go to the person’s home or place of residence (or intended home or place of residence) following—
(a)
the completion of their period of isolation or quarantine under the Isolation and Quarantine Order or an order under section 70 of the Health Act 1956; or
(b)
if none of those orders apply to the person, their arrival in New Zealand:
Services for tūpāpaku or deceased person
(21)
to collect or accompany a tūpāpaku or deceased person, but only if—
(a)
the total number of people collecting or accompanying the tūpāpaku or deceased person (including the person operating the vehicle) is no more than 10; and
(b)
the people collecting or accompanying the tūpāpaku or deceased person (other than the person operating the vehicle) are fellow residents of each other:
(22)
to provide, or assist with providing, services to a tūpāpaku or deceased person (including washing, dressing, shrouding, or otherwise preparing for burial or cremation):
(23)
to view a tūpāpaku or deceased person, but only if—
(a)
the total number of people viewing the tūpāpaku or deceased person at any time is no more than 10; and
(b)
the people viewing the tūpāpaku or deceased person at any time (other than the person having charge of the tūpāpaku or deceased person) are fellow residents of each other:
Caring for pets or other animals
(24)
if necessary, to care for pets or other animals that they own or are in charge of:
Undertaking cross-boundary travel in accordance with clause 93
(25)
to travel in accordance with clause 93:
Collecting certain persons
(26)
to collect a person referred to in paragraph (14), (15), (16), or (20) for the purpose of accompanying them to their home or place of residence (or intended principal home or place of residence) in New Zealand:
Assisting fellow resident
Compare: LI 2021/237 cl 21; LI 2021/263 cl 21
Clause 87(2)(20)(a): amended, at 11.59 pm on 2 May 2022, by clause 29 of the COVID-19 Public Health Response (Maritime Border and Other Matters) Amendment Order 2022 (SL 2022/125).
88 Category 1 and 2 movement within area permitted
(1)
A person is permitted—
(a)
to leave their home or place of residence to undertake any of the following within the area (and then return directly to their home or place of residence afterwards):
(i)
category 1 permitted movement:
(ii)
category 2 permitted movement; and
(b)
if the person’s home or place of residence is mobile, to move that home or place of residence to the extent that the person would be permitted (if it were not mobile) to leave that home or place of residence under paragraph (a).
(2)
In this clause, category 2 permitted movement means movement to do 1 or more of the following:
Attending education entities
(a)
to attend any education entity if permitted to do so by the education entity in compliance with all applicable COVID-19 provisions:
Working
(b)
to work at an education entity if the education entity is operating in compliance with all applicable COVID-19 provisions:
Limited recreation purposes
(c)
to undertake exercise or other recreation if—
(i)
it is done in an outdoor place appropriate for that kind of exercise or recreation; and
(ii)
it is done in compliance with—
(A)
the applicable physical distancing rules; and
(B)
clause 42 (no gatherings unless permitted):
Limited customary purposes
(d)
to exercise Māori customary rights to fishing and food gathering if—
(i)
it is done in an outdoor place; and
(ii)
it is done in compliance with—
(A)
the applicable physical distancing rules; and
(B)
clause 42 (no gatherings unless permitted):
Extended bubble arrangements and shared caregiver arrangements
(e)
to visit or stay at another home or place of residence if the residents of both homes or places of residence are part of an extended bubble arrangement:
(f)
if the person is a child leaving the home or place of residence of a shared caregiver, to visit or stay at the home or place of residence of another shared caregiver provided that the residents of the homes or places of residence of the shared caregivers are part of the same extended bubble arrangement:
Visiting residential disability care
(g)
to visit a person in residential disability care (as defined in section 4(1) of the Health and Disability Services (Safety) Act 2001) if permitted to do so by the care provider:
Relocating home or business premises
(h)
to relocate their home or place of residence or business premises on a permanent or long-term basis, or leave their home or place of residence to arrange or carry out the relocation (including to inspect the property or a potential property):
Gatherings
(i)
to attend a gathering specified in an active COVID-19 response schedule for the purposes of this paragraph:
Services for tūpāpaku or deceased person
(j)
to collect or accompany a tūpāpaku or deceased person, but only if—
(i)
the total number of people collecting or accompanying the tūpāpaku or deceased person (including the person operating the vehicle) is no more than 10 (excluding workers); and
(ii)
the people collecting or accompanying the tūpāpaku or deceased person (other than the person operating the vehicle) are fellow residents of each other:
(k)
to provide, or assist with providing, services to a tūpāpaku or deceased person (including washing, dressing, shrouding, or otherwise preparing for burial or cremation):
(l)
to view a tūpāpaku or deceased person, but only if—
(i)
the total number of people viewing the tūpāpaku or deceased person at any time is no more than 10 (excluding workers); and
(ii)
the people viewing the tūpāpaku or deceased person at any time (other than the person having charge of the tūpāpaku or deceased person) are fellow residents of each other:
Family group conferences
(m)
to attend family group conferences convened in accordance with the Oranga Tamariki Act 1989.
Compare: LI 2021/263 cl 21
Cross-boundary travel: Overview
89 Person must not travel out of area unless undertaking permitted travel
(1)
A person must not travel out of the area except when undertaking permitted travel.
Examples
A resident of the area is in the area. The resident must not travel out of the area except when undertaking permitted travel.
A person from another area crosses the boundary to visit the area. The person must not travel back out of the area except when undertaking permitted travel.
(2)
For the purposes of subclause (1), a person does not travel out of the area just because—
(a)
the person is travelling along a road that forms part of the boundary; or
(b)
both of the following apply:
(i)
the person’s property is divided by the boundary; and
(ii)
the person is accessing a part of that property.
(3)
A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.
(4)
In this clause, permitted travel means travel of a kind that is permitted by an active COVID-19 response schedule (through the specification of any of clauses 90A to 93).
Compare: LI 2021/263 cl 17(1), (3)
Clause 89(1): replaced, at 11.59 pm on 12 December 2021, by clause 12(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 89(2): amended, at 11.59 pm on 12 December 2021, by clause 12(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 89(3): amended, on 4 December 2021, by clause 36 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 89(4): amended, at 11.59 pm on 12 December 2021, by clause 12(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
90 Person must not undertake cross-boundary travel unless permitted (restrictive setting)
(1)
A person must not travel across the boundary of the area except when undertaking permitted travel.
Examples
A resident of the area is outside the area. The resident must not travel into the area except when undertaking permitted travel.
A person from another area wishes to cross the boundary to visit the area. They may only do so if undertaking permitted travel. Once inside the area, the person may only leave if undertaking permitted travel.
(2)
For the purposes of subclause (1), a person does not travel across the boundary just because—
(a)
the person is travelling along a road that forms part of the boundary; or
(b)
both of the following apply:
(i)
the person’s property is divided by the boundary; and
(ii)
the person is accessing a part of that property.
(3)
A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.
Clause 90(1) example: inserted, at 11.59 pm on 12 December 2021, by clause 13 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 90(3): amended, on 4 December 2021, by clause 37 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Travel permissions
Heading: replaced, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
90A Travel out of area permitted if person is CVC compliant
[Revoked]Clause 90A: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
90B Travel out of area permitted if person has evidence of negative COVID-19 test result
(1)
A person is permitted to travel out of the area if they meet the requirements of subclause (2).
(2)
The person must carry evidence of—
(a)
a negative result from a COVID-19 test administered no more than 72 hours before their journey began; or
(b)
a certificate that verifies that the person was examined by a medical practitioner no more than 72 hours before their journey began and that the person—
(i)
was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and
(ii)
did not exhibit symptoms of COVID-19.
(3)
In this clause, COVID-19 test and certificate have the meanings given in clause 96.
Clause 90B: inserted, at 11.59 pm on 12 December 2021, by clause 15 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
91 Cross-boundary travel permitted if person is CVC compliant
[Revoked]Clause 91: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
92 Cross-boundary travel permitted if person has evidence of negative COVID-19 test result
(1)
A person is permitted to go into, out of, or through another area if they meet the requirements of subclause (2).
(2)
The person must carry evidence of—
(a)
a negative result from a COVID-19 test administered no more than 72 hours before their journey began; or
(b)
a certificate that verifies that the person was examined by a medical practitioner no more than 72 hours before their journey began and that the person—
(i)
was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and
(ii)
did not exhibit symptoms of COVID-19.
(3)
In this clause, COVID-19 test and certificate have the meanings given in clause 96.
Clause 92(3): inserted, at 11.59 pm on 12 December 2021, by clause 16 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
92A Travel out of area for specified purposes permitted but travel conditions may apply
(1)
A person is permitted to travel out of the area if—
(a)
the travel is for 1 or more of the purposes specified in an active COVID-19 response schedule for the purposes of this paragraph; and
(b)
the person, so far as is reasonably practicable, travels directly without stopping while in any other area (except for the purpose of that travel described under paragraph (a) or for a permitted airport transfer); and
(c)
the person complies with the travel conditions (if any) specified in an active COVID-19 response schedule for the purposes of this paragraph.
(2)
In this clause, permitted airport transfer means a stop by a person at an airport for the purpose of transferring to an aircraft to go to another place in New Zealand or outside New Zealand, but only if—
(a)
the person does not leave the airport except to board a departing flight or to stay in temporary accommodation; and
(b)
the person’s departing flight is scheduled to depart within 24 hours after the person enters the airport.
Clause 92A: inserted, at 11.59 pm on 12 December 2021, by clause 17 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
92B Travel out of area permitted if person does not stop in that area
A person is permitted to travel out of the area if—
(a)
the person travels into, through, and out of that area in 1 trip; and
(b)
neither the person’s place of departure nor their destination is in that area; and
(c)
it is necessary to travel through that area to get to the person’s destination; and
(d)
the person carries evidence of the location of their destination.
Clause 92B: inserted, at 11.59 pm on 12 December 2021, by clause 17 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Travel permissions: Restrictive setting
Heading: amended, at 11.59 pm on 12 December 2021, by clause 18 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
93 Cross-boundary travel for specified purposes permitted but travel conditions may apply
(1)
A person is permitted to go into, out of, or through another area (and return to their home or place of residence afterwards) if—
(a)
the travel is for 1 or more of the purposes set out in the second column of Schedule 3; and
(b)
the person, so far as is reasonably practicable, travels directly without stopping while in the other area (except for the purpose of that travel described under paragraph (a) or for a permitted airport transfer); and
(c)
the person complies with the travel conditions (if any).
(2)
In this clause,—
permitted airport transfer means a stop by a person at an airport for the purpose of transferring to an aircraft to go to another place in New Zealand or outside New Zealand, but only if—
(a)
the person does not leave the airport except to board a departing flight or to stay in temporary accommodation; and
(b)
the person’s departing flight is scheduled to depart within 24 hours after the person enters the airport
travel condition means a requirement (set out in the third column of Schedule 3) that must be complied with by a person travelling for a purpose set out in the second column of Schedule 3.
Compare: LI 2021/263 cl 17(1)
94 Cross-boundary travel through area permitted if person does not stop in area
(1)
A person is permitted to go into, through, and out of the area (in 1 trip) for a purpose described in subclause (2), but only if—
(a)
neither the place of departure nor the destination is in the area; and
(b)
it is necessary to travel through the area for that purpose; and
(c)
the person complies with clause 95.
(2)
Subclause (1) applies to 1 or more of the following purposes:
(a)
going to, or returning from, work:
(b)
going to the person’s principal home or place of residence:
(c)
relocating their home or place of residence or business premises on a permanent or long-term basis, or leaving their home or place of residence to arrange or carry out the relocation (including to inspect the property or a potential property):
(d)
attending an education entity that they ordinarily attend for the purposes of receiving education services:
(e)
attending a funeral, tangihanga, wedding, or civil union service:
(f)
collecting or accompanying a tūpāpaku or deceased person:
(g)
if the person is a child, going to visit or stay at, or returning from visiting or staying at, the home or place of residence of a shared caregiver:
(h)
if the person is a fellow resident of a child, conveying or accompanying the child going to the home or place of residence of a shared caregiver or collecting the child for that purpose.
Compare: LI 2021/263 cl 18(3), (4)
Cross-boundary travel: Travel conditions
95 Person must carry evidence of purpose
(1)
A person must carry evidence of the purpose of their travel and the location of their destination.
(2)
The evidence may (but need not) be or include a document issued by the New Zealand Government for the purposes of this clause.
Compare: LI 2021/263 cl 19
96 Person must carry evidence of negative COVID-19 test result
(1)
A person must carry evidence of—
(a)
a negative result from a COVID-19 test administered no more than 72 hours before their journey began; or
(b)
a certificate that verifies that the person was examined by a medical practitioner no more than 72 hours before their journey began and that the person—
(i)
was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and
(ii)
did not exhibit symptoms of COVID-19.
(2)
The person must, when requested by an enforcement officer, produce evidence of—
(a)
a negative result from a COVID-19 test; or
(b)
a certificate.
(3)
However, this clause does not apply to—
(a)
a person under the age of 12 years; or
(b)
a person who has travelled into the other area under item 11 or 12 of Schedule 3 and is then travelling out of the area to return to their home or place of residence.
(4)
A breach of subclause (2) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
(5)
In this order, COVID-19 test means any applicable examination or test (or both) for COVID-19 that the Director-General has specified.
(6)
In this clause,—
certificate means—
(a)
written verification provided by the medical practitioner who carried out the examination; or
(b)
any other appropriate evidence that the Director-General has specified
Director-General has specified, in relation to a certificate or COVID-19 test, means specified by the Director-General in a notice published—
(a)
on a publicly accessible Internet site maintained by or on behalf of the New Zealand Government; and
(b)
in the Gazette.
Compare: LI 2021/263 cl 19C(1), (2), (3), (5), (6)
Clause 96(4): amended, on 4 December 2021, by clause 38 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 96(5): replaced, at 11.59 pm on 12 December 2021, by clause 19 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 96(6): inserted, at 11.59 pm on 12 December 2021, by clause 19 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
97 Person must carry evidence of having had COVID-19 test (non-work activities)
(1)
A person must carry—
(a)
evidence of having had a COVID-19 test administered no more than 7 days before their journey began; or
(b)
a certificate that verifies that the person was examined by a medical practitioner no more than 7 days before the journey began and that the person—
(i)
was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and
(ii)
did not exhibit symptoms of COVID-19.
(2)
The person must, when requested by an enforcement officer, produce evidence of—
(a)
having had a COVID-19 test; or
(b)
a certificate.
(3)
However, this clause does not apply to—
(a)
a person under the age of 12 years; or
(b)
a person who has travelled into the other area under item 11 or 12 of Schedule 3 and is then travelling out of the area to return to their home or place of residence.
(4)
A breach of subclause (2) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
(5)
In this clause, COVID-19 test and certificate have the meanings given in clause 96.
Compare: LI 2021/263 cl 19C(1), (2), (3), (4), (6)
Clause 97(4): amended, on 4 December 2021, by clause 39 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 97(5): inserted, at 11.59 pm on 12 December 2021, by clause 20 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
98 Person must carry evidence of having had COVID-19 test (work activities)
(1)
A person must carry, as facilitated by their employer (if any) under clause 100,—
(a)
evidence of having had a COVID-19 test administered no more than 7 days before their journey began; or
(b)
a certificate that verifies that the person was examined by a medical practitioner no more than 7 days before the journey began and that the person—
(i)
was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and
(ii)
did not exhibit symptoms of COVID-19.
(2)
The person must, when requested by an enforcement officer, produce evidence of—
(a)
having had a COVID-19 test; or
(b)
a certificate.
(3)
However, this clause does not apply to a person under the age of 12 years.
(4)
A breach of subclause (2) is a medium risk infringement offence for the purposes of section 26(3) of the Act.
(5)
In this clause, COVID-19 test and certificate have the meanings given in clause 96.
Compare: LI 2021/263 cl 19A
Clause 98(4): amended, on 4 December 2021, by clause 40 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).
Clause 98(5): inserted, at 11.59 pm on 12 December 2021, by clause 21 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
98A Person on public transport service out of area must carry evidence of negative COVID-19 test
(1)
A person boarding a public transport service in the area on a route that ends out of the area must carry evidence of—
(a)
a negative result from a COVID-19 test administered no more than 72 hours before their journey began; or
(b)
a certificate that verifies that the person was examined by a medical practitioner no more than 72 hours before their journey began and that the person—
(i)
was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and
(ii)
did not exhibit symptoms of COVID-19.
(2)
The person must, when requested by the public transport operator or their representative, produce the evidence.
(3)
If evidence is handed over in accordance with a request under subclause (2), the public transport operator or representative must ensure that the evidence is immediately returned to the person who produced it after the evidence has been inspected.
(4)
If a person fails to comply with subclause (2),—
(a)
the public transport operator or their representative may deny the person entry or access to the public transport service; and
(b)
clauses 31(1) and 32(1) do not apply.
(5)
However, this clause does not apply to a person under the age of 12 years and 3 months.
(6)
In this clause, COVID-19 test and certificate have the meanings given in clause 96.
Clause 98A: inserted, at 11.59 pm on 12 December 2021, by clause 22 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Clause 98A heading: amended, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 98A(1): replaced, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 98A(2): amended, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Clause 98A(3): amended, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).
Cross-boundary travel: Other requirements
99 Business or service must minimise cross-boundary travel undertaken by workers
A business or service must have systems and processes in place to, so far as is reasonably practicable,—
(a)
minimise travel undertaken by workers into or out of the area; and
(b)
mitigate the risks of spreading COVID-19 that arise to the extent that its workers undertake that travel.
100 Certain businesses or services must facilitate testing and medical examination for workers undertaking cross-boundary travel
(1)
A business or service described in subclause (2) must—
(a)
have systems and processes in place, so far as is reasonably practicable, to ensure that its workers are not required to travel into or out of the area unless the worker has evidence of having had a COVID-19 test administered no more than 7 days before the worker’s journey began; and
(b)
not prevent its workers from reporting for and undergoing testing, medical examination, or both during their working hours, if testing and medical examination are available during those hours.
(2)
For the purposes of subclause (1), a business or service means any of the following:
(a)
a business or service referred to in item 1 of Schedule 3:
(b)
a business or service whose workers may need to travel into or out of the area in order to undertake necessary work under clause 64(2) at premises that would otherwise be closed.
Compare: LI 2021/263 cl 19B
Part 3 Restriction on relocating principal home or place of residence
101 Person must not change principal home or place of residence following Director-General notice restricting travel for that purpose
(1)
Subclause (2) applies if—
(a)
a person has—
(i)
a principal home or place of residence located in an area (location A); and
(ii)
another home or place of residence available for their use in a different location (location B), which may be in the same area as or a different area to the area referred to in subparagraph (i); and
(b)
the Government of New Zealand has announced an intention to impose restrictions on movements across boundaries by amendment to this order; and
(c)
the Director-General directs, by notice made in accordance with subclause (4), that subclause (2) applies to location A.
(2)
The person must not travel from location A to location B for the purpose of relocating to the home or place of residence in location B.
(3)
However, subclause (2) does not apply if the person is relocating their home or place of residence as a result of—
(a)
starting new employment; or
(b)
purchasing or renting a new principal home or place of residence; or
(c)
attending a tertiary education provider or completing a course of study at a tertiary education provider; or
(d)
returning to a school hostel and intending to stay at that school hostel until the end of the current school year.
(4)
The notice must—
(a)
describe location A; and
(b)
state that it is proposed to impose restrictions on movements across boundaries by amendment to this order.
(5)
The notice is revoked no later than 48 hours after it comes into force (and may not be extended or replaced).
(6)
A notice made under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Compare: LI 2021/263 cl 16A
| Legislation Act 2019 requirements for secondary legislation referred to in this clause | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021, unless it is published by PCO | LA19 ss 69, 73, 74(1)(aa) | ||
| Presentation | The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) of the Legislation Act 2019 | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives, unless it is excluded by section 115 of the Legislation Act 2019 | LA19 ss 115, 116 | ||
| This note is not part of the order. | ||||
Part 4 Exemptions
Subpart 1—General exemptions
102 Exemption for emergencies
Nothing in this order prevents any person from assisting in, or responding to, an emergency.
Compare: LI 2021/263 cl 52
103 Exemption for health services
(1)
Nothing in this order applies to the provision of health services, or to workers who provide those services, except as specified in subclause (2).
(2)
The exceptions are as follows:
(a)
the order applies to pharmacies in the manner specified in an active COVID-19 response schedule and subject to any modifications in that schedule:
(b)
the following COVID-19 provisions apply to any other health services in the manner specified in an active COVID-19 response schedule and subject to any modifications in that schedule:
(i)
clause 19 (QR code must be displayed in workplaces):
(ii)
clause 21 (workplaces must have alternative contact record systems and processes):
(iii)
clause 22 (business or service must have systems and processes to ensure people entering workplace scan QR code or provide contact record):
(iv)
clause 31 (person must not be denied access to certain premises on vaccination grounds):
(v)
clause 32 (person must not be denied access to goods or services from certain premises on vaccination grounds):
(vi)
clause 33 (business or service in control of premises must allow people access to designated premises):
(c)
[Revoked]Compare: LI 2021/263 cl 53
Clause 103(2)(c): revoked, at 11.59 pm on 12 March 2022, by clause 27 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).
104 Other exemptions
(1)
Nothing in this order applies—
(a)
to border services (including law enforcement activities related to border services) provided by Immigration New Zealand, the New Zealand Customs Service, Maritime New Zealand, or the Ministry for Primary Industries:
(b)
to residential centres (including care and protection and youth justice residences), family homes, and group homes (including family group homes and community-based remand centres) that are approved or recognised for the time being by the chief executive of Oranga Tamariki—Ministry for Children as a place of care or treatment for the purposes of the Oranga Tamariki Act 1989:
(c)
within a corrections prison as defined in section 3(1) of the Corrections Act 2004 or any premises managed by or on behalf of the Department of Corrections:
(d)
to custodial or detention services managed by the New Zealand Police, the Department of Corrections, or the Ministry of Justice, or within a courthouse:
(e)
to the administration of sentences and orders by the Department of Corrections or on its behalf:
(f)
to people being transported for the purposes of the Department of Corrections and New Zealand Police fulfilling their purposes and performing their functions and duties:
(g)
to the New Zealand Parole Board:
(h)
to the New Zealand Security Intelligence Service:
(i)
to the Government Communications Security Bureau:
(j)
to the New Zealand Defence Force:
(k)
to the New Zealand Police:
(l)
to Fire and Emergency New Zealand:
(m)
to lifesaving, maritime assistance, search, and rescue services (including training, patrolling, and other work needed to ensure preparedness for those services) provided by any of the following:
(i)
the Royal New Zealand Coastguard:
(ii)
Surf Life Saving New Zealand:
(iii)
Land Search and Rescue:
(iv)
Amateur Radio Emergency Communications:
(n)
to civil defence emergency management services provided or coordinated by the National Emergency Management Agency and Civil Defence Emergency Management Groups, except to the extent that clause 10(m) applies in this order:
(o)
to managed isolation or quarantine services for COVID-19 or to people while they are required to be in isolation or quarantine in accordance with the Isolation and Quarantine Order:
(p)
to workers carrying out any business or service referred to in any of paragraphs (a) to (o):
(q)
to Parliament and parliamentary staff in relation to parliamentary business:
(r)
to officers of Parliament in relation to—
(i)
parliamentary business; or
(ii)
undertaking their statutory functions:
(s)
to Ministers of the Crown and ministerial staff, in relation to Government business:
(t)
to people who are enforcement officers carrying out their functions and exercising their powers under the Act.
(2)
However, subclause (1) does not exempt a border worker from complying with the medical-grade face covering rule, if an applicable COVID-19 provision requires them to do so.
Compare: LI 2021/263 cl 53
Clause 104(1)(n): amended, at 11.59 pm on 23 December 2021, by clause 26 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Clause 104(1)(o): replaced, at 11.59 pm on 2 May 2022, by clause 30 of the COVID-19 Public Health Response (Maritime Border and Other Matters) Amendment Order 2022 (SL 2022/125).
Clause 104(2): replaced, at 11.59 pm on 2 July 2022, by clause 16 of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Subpart 2—Director-General may grant exemptions
105 Power for Director-General to grant exemptions from this order
(1)
The Director-General may exempt any class of persons, businesses, services, or goods (or any person, business, service, or goods) from the application of any provision of this order or from the requirement to comply with any provision of this order in accordance with this clause.
(2)
The Director-General may grant an exemption if satisfied that—
(a)
the exemption is necessary or desirable in order to promote the purposes of the Act or the purposes of this order; and
(b)
the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.
(3)
In determining whether the condition in subclause (2)(a) is satisfied for an exemption from clause 89 (person must not travel out of area unless undertaking permitted travel), the Director-General must take into account—
(a)
the extent to which the travel is reasonably necessary, including whether it could reasonably be delayed; and
(b)
the economic, social, or health benefits associated with the purpose of the travel; and
(c)
the public health risk associated with the travel and its purpose.
(4)
The Director-General may impose conditions on the exemption as the Director-General considers necessary.
Compare: LI 2021/263 cl 54
106 How exemptions are notified or published
(1)
An exemption granted under clause 105 for any specified person, business, service, or goods must be notified in writing to—
(a)
the applicant; and
(b)
in the case of an exemption for any specified person, business, or service, the exempt person, business, or service.
(2)
An exemption granted under clause 105 for any class of persons, businesses, services, or goods is secondary legislation (a class exemption) (see Part 3 of the Legislation Act 2019 for publication requirements).
(3)
However, a class exemption, or an amendment to a class exemption, may come into force before it is published if the Director-General is satisfied that the exemption or amendment should come into force urgently.
(4)
In that case,—
(a)
the effect of the class exemption (or, in the case of an amendment to a class exemption, the effect of the amendment) must be publicly announced before it comes into force; and
(b)
the class exemption or amendment to a class exemption must be published under the Legislation Act 2019 as soon as practicable after it comes into force.
Compare: LI 2021/263 cl 54
| Legislation Act 2019 requirements for secondary legislation referred to in this clause | ||||
| Publication | The maker must publish it in accordance with the Legislation (Publication) Regulations 2021, unless it is published by PCO | LA19 ss 69, 73, 74(1)(aa) | ||
| Presentation | The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) of the Legislation Act 2019 | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives, unless it is excluded by section 115 of the Legislation Act 2019 | LA19 ss 115, 116 | ||
| This note is not part of the order. | ||||
Subpart 3—Exemption passes for face covering rules
Subpart 3: inserted, at 11.59 pm on 30 May 2022, by clause 7 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165).
106A Exemption passes for face covering rules
(1)
An exemption pass exempts a person from the face covering rule and medical-grade face covering rule.
(2)
The Director-General must issue an exemption pass to a person who applies for one in accordance with this clause.
(3)
The Director-General may determine the form of the application for an exemption pass.
(4)
A person’s application must include—
(a)
a declaration by the person that they have a physical or mental illness or condition or disability that makes wearing a face covering unsuitable; and
(b)
the following information about the person:
(i)
name and address; and
(ii)
date of birth; and
(iii)
National Health Index number (if known); and
(iv)
contact details (for example, their email address).
(5)
However, if a person’s representative applies on their behalf,—
(a)
the representative may make the declaration about the person that is required by subclause (4)(a); and
(b)
the Director-General may require the representative to provide about themselves the details that are specified in subclause (4)(b).
(6)
The Director-General must not require any person to provide—
(a)
evidence, grounds, or further information as to the nature of a person’s physical or mental illness or condition or disability; or
(b)
any additional personal information.
(7)
When applying for an exemption pass, a person must not provide or produce any information that they know is false or misleading in any material particular.
Clause 106A: inserted, at 11.59 pm on 30 May 2022, by clause 7 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165).
106B Form and content of exemption pass
(1)
An exemption pass may be issued in any form that the Director-General decides.
(2)
An exemption pass—
(a)
must show the person’s name; and
(b)
must not show any other personal information.
Clause 106B: inserted, at 11.59 pm on 30 May 2022, by clause 7 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165).
106C Misuse of exemption passes
A person (person A) must not—
(a)
produce or pass off an exemption pass as relating to person A when it relates to another person; or
(b)
produce or pass off an exemption pass that is forged, is altered, or has been obtained fraudulently; or
(c)
facilitate the use by another person of an exemption pass relating to person A.
Clause 106C: inserted, at 11.59 pm on 30 May 2022, by clause 7 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165).
Part 5 Revocation and consequential amendments
Subpart 1—Revocation
107 Revocation
The COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021 (LI 2021/263) is revoked.
Subpart 2—Amendment to COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020
108 Principal order
This subpart amends the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.
109 Clause 17 amended (General requirement to remain in isolation or quarantine)
Replace clause 17(4A)(c) with:
(c)
the port or place of the ship’s last departure from a port or place in New Zealand, at the time of departure, was at alert level 1, or at Green or Orange under the COVID-19 Protection Framework.
Subpart 3—Amendments to COVID-19 Public Health Response (Required Testing) Order 2020
110 Principal order
This subpart amends the COVID-19 Public Health Response (Required Testing) Order 2020.
111 Clause 6 amended (Application of order)
In clause 6(1), replace “alert level 3 area”
with “affected area”
.
112 Part 1A heading amended
In the Part 1A heading, replace “alert level 3 area”
with “affected area”
.
113 Clause 12A amended (Interpretation)
(1)
In clause 12A, insert in its appropriate alphabetical order:
affected area means the area that is for the time being described in Part 1 of Schedule 8 of the COVID-19 Public Health Response (Protection Framework) Order 2021
(2)
In clause 12A, revoke the definition of alert level 3 area.
114 Clause 12B amended (Application of this Part)
In clause 12B, replace “alert level 3 area”
with “affected area”
.
Schedule 1 Transitional, savings, and related provisions
Part 1 Provisions relating to this order as made
1 Existing exemptions continued
(1)
An exemption granted by the Director-General and described in subclause (2) continues in force on and after commencement of this order as if it had been granted under clause 105 of this order, and is subject to the same conditions (if any) as applied before commencement.
(2)
The exemptions are any exemptions in force at the time of the revocation of any of the following:
(a)
clause 44 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021:
(b)
clause 51 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) 2021:
(c)
clause 54 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021.
Compare: LI 2021/263 Schedule 1 cl 3
2 Registered schools to operate under former order until 31 December 2021
(1)
Until the close of 31 December 2021, the following provisions of the former order continue to apply in relation to all registered schools in Auckland:
(a)
clause 22 (to the extent it relates to clause 22A) and clause 22A; and
(b)
(c)
clause 30 and item 16 of Schedule 2.
(2)
Despite clause 107 of this order, the provisions listed in subclause (1) apply—
(a)
with all necessary modifications as if the former order were still in force; and
(b)
as if references to the alert level 3 area were references to Auckland.
(3)
Until the close of 31 December 2021, the following provisions of the former order continue to apply in relation to all registered schools in the rest of New Zealand:
(b)
clause 42 and item 16 of Schedule 6.
(4)
Despite clause 107 of this order, the provisions listed in subclause (3) apply—
(a)
with all necessary modifications as if the former order were still in force; and
(b)
as if references to the alert level 2 area were references to the rest of New Zealand.
(5)
In this clause,—
Auckland means the area described in Part 1 of Schedule 3 of the former order
former order means the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021.
Schedule 2 Category 1 and 2 businesses or services
| Item | Type of business or service | Category 1 | Category 2 | |||
|---|---|---|---|---|---|---|
| Primary industries and related businesses and services | ||||||
| 1 | Primary industries (which means food and beverage processing, packaging, and production for both domestic consumption or export, plus the relevant support services) and veterinary and animal health and welfare services | ✓ | ||||
| 2 | Pest management services | ✓ | ||||
| 3 | Essential operations of pulp and paper plants | ✓ | ||||
| 4 | Forestry and wood product processing for which the travel between areas is reasonably necessary to enable the business or service to be provided and where the provision of the business or service cannot reasonably be delayed without substantial implications for the supply chain | ✓ | ||||
| Essential infrastructure, security, utilities, communication, and Government services | ||||||
| 5 |
Building, construction, and maintenance services required for 1 or both of the following: (a)to address immediate risks to health and safety: (b)nationally important infrastructure In this item, nationally important infrastructure means infrastructure that enables or supports supply chains that are needed for 1 or both of the following: (a)to provide for the current needs of people and communities: (b)to enable or support the recovery of the whole or any part of New Zealand from the effects of COVID-19 |
✓ | ||||
| 6 | Entities with statutory responsibilities for building and resource consenting that is necessary to enable the building, construction, and maintenance services referred to in item 5 | ✓ | ||||
| 7 | Security services (including locksmiths) | ✓ | ||||
| 8 | Key utilities, which means utilities that provide for the production, supply, sale, distribution, or disposal of 1 or more of the following: (a)electricity: (b)gas: (c)water: (d)wastewater (for example, sanitation): (e)waste (for example, rubbish collection and recycling): (f)liquid or solid fuel: (g)telecommunications services (as defined in section 5 of the Telecommunications Act 2001) |
✓ | ||||
| 9 | Key communications, which— (a)means news (including news production) and broadcast media; and (b)includes delivery of newspapers for non-English-language material audiences or communities that have limited access to digital connectivity and are hard to reach due to physical location |
✓ | ||||
| 10 |
Government services, including services provided by State services and local authorities, but only if— (a)the service is a regulatory, defence, or social service, or relates to the COVID-19 response or infrastructure; and (b)provision of the service cannot reasonably be delayed (for example, because a delay would breach an obligation under an enactment, risk harm to people or communities, or risk damage to the environment) In this item, State services has the same meaning as in section 5 of the Public Service Act 2020 and local authority has the same meaning as in section 5(1) of the Local Government Act 2002 |
✓ | ||||
| 11 | Foreign Government (maintaining critical operations of foreign missions based in New Zealand) | ✓ | ||||
| 12 |
Critical financial services carried out by banks, non-bank lenders, licenced insurers, money remitters and money transfer operators, financial product market operators, broking services, payment and settlement system providers, custodians, registry services, EFTPOS infrastructure and management services, payments architecture services, and credit bureaus In this item, critical financial services means the performance of 1 or more of the following: (a)processing and maintaining systems for processing critical financial transactions and services (including payment, clearing, and settlement; wholesale funding; insurance services; card re-issue; fraud monitoring; and capital markets activities): (b)facilitating critical financial and capital market transactions, enabling secondary trading of financial products, and enabling access to capital for businesses and investment or return (or both) of capital for investors: (c)facilitating the manufacture of and distribution of critical infrastructure to other category 1 businesses or services: (d)providing consumers and businesses access to credit and lending services: (e)providing essential in-person insurance and financial support for customers who are either or both of the following: (i)customers who need assistance from carers: (ii)customers who are unable to use remote insurance or financial services |
✓ | ||||
| Transport and logistics | ||||||
| 13 | The following services: (a)postal and courier services: (b)freight services (including those for transporting livestock) provided by means of road, rail, air, or sea: (c)any other transport and logistics services, including those provided at or through an aerodrome or a port |
✓ | ||||
| 14 | Transport stations | ✓ | ||||
| 15 | Passenger services provided by means of road, rail, air, or sea (excluding public transport services provided by means of air transport or small passenger service vehicles) | ✓ | ||||
| 16 | Public transport services provided by means of air transport or small passenger service vehicles | ✓ | ||||
| 17 | Public transport services (other than those provided by means of air transport, small passenger service vehicles, ferries, or boats, or any public transport service where the service supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses)) | ✓ | ||||
| 18 | Public transport services provided by ferries or boats, and any public transport service where the service supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses) | ✓ | ||||
| 19 | Rental car services or car share services | ✓ | ||||
| Health | ||||||
| 20 | Health services (other than pharmacies) | ✓ | ||||
| 21 | Pharmacies | ✓ | ||||
| 22 | Drug and alcohol testing services required for work purposes by— (a)a permitted business or service; or (b)a business or service that is exempt under clauses 102 to 104 |
✓ | ||||
| 23 | Drug and alcohol testing services necessary for work purposes | ✓ | ||||
| 24 | Services provided for deceased persons or tūpāpaku (including washing, dressing, shrouding, or otherwise preparing for burial or cremation) | ✓ | ||||
| Social welfare services | ||||||
| 25 | Social and community-based services provided to support persons to maintain critical well-being or as crisis support for people who are unsafe or homeless | ✓ | ||||
| 26 | Services provided under Oranga Tamariki Act 1989 |
✓ | ||||
| 27 | Food banks | ✓ | ||||
| 28 | Cooked food delivery services (but only if referred by the Ministry of Social Development, a District Health Board, or the Accident Compensation Corporation) (for example, Meals on Wheels) | ✓ | ||||
| Justice sector | ||||||
| 29 | Courts and tribunals | ✓ | ||||
| 30 | Justice sector (other than the justice sector businesses or services specified elsewhere in this schedule) | ✓ | ||||
| Science and research | ||||||
| 31 | Scientific services (including research organisations) of the following kind or provided by the following entities or facilities: (a)ESR, GNS, GeoNet, NIWA, MetService: (b)services involved in COVID-19 response, including laboratories and Physical Containment level 3 (PC3) facilities: (c)services involved in hazard monitoring and resilience: (d)services involved in diagnostics for critical businesses or services like biosecurity, food safety, or public health: (e)other significant research facilities, including animal facilities, clinical trials, and infrastructure that requires constant attention (for example, samples, collections, and storage facilities), that are important to New Zealand |
✓ | ||||
| Education | ||||||
| 32 | Businesses or services required to provide distance or online learning for primary, secondary, or tertiary education |
✓ | ||||
| 33 | Education entities | ✓ | ||||
| 34 | [Revoked] | |||||
| 35 | School hostels | ✓ | ||||
| Accommodation | ||||||
| 36 | Accommodation services | ✓ | ||||
| Retail | ||||||
| 37 | Supermarkets | ✓ | ||||
| 38 | Dairies | ✓ | ||||
| 39 | Retail greengrocers, butchers, or fishmongers | ✓ | ||||
| 40 | Food delivery services for uncooked food suppliers (including greengrocers, butchers, or fishmongers), bakeries, or alcohol suppliers | ✓ | ||||
| 41 | Licensing trusts operating in Waitakere and Portage, but only in respect of the sale of alcohol under an off-licence | ✓ | ||||
| 42 | Petrol stations, including any stores operating as part of the petrol station | ✓ | ||||
| 43 | The retail business of New Zealand Post Limited |
✓ | ||||
| 44 | Sale of essential non-food consumer products (via online ordering and contactless delivery) that are necessary for people to remain healthy and safe while isolating, to work or study from home, and to stay in communication with whānau and friends and remain up to date with news and health information, including— (a)necessary clothing, footwear, and bedding: (b)urgently required whiteware and appliances (for example, refrigerators, heaters, washing machines and dryers, vacuum cleaners, fans, and dehumidifiers): (c)urgently required cooking, cleaning, and laundry equipment: (d)medicinal and hygiene products (for example, medication, PPE, first aid products, soaps, shampoos, moisturisers, and hand sanitisers): (e)urgently required items for transport maintenance (for example, bicycle and automotive parts and repair kits): (f)materials for urgent home repair: (g)urgently required communication devices (for example, mobile phones, computer equipment, modems and Internet equipment, televisions, and radios): (h)urgently required educational materials and books: (i)urgently required home office equipment |
✓ | ||||
| 45 | Self-service laundries | ✓ | ||||
| 46 | Hardware and do-it-yourself stores, but only for the purpose of selling to trade customers | ✓ | ||||
| 47 | Hardware and do-it-yourself stores | ✓ | ||||
| 48 | Banks | ✓ | ||||
| 49 | Shopping malls |
✓ | ||||
| Gyms, sport, and other exercise | ||||||
| 50 | The following outdoor sports facilities: (a)golf courses: (b)tennis courts: (c)bowling greens: (d)croquet lawns |
✓ | ||||
| Events and venues | ||||||
| 51 | If clause 49 is specified in Part 2 of an active COVID-19 response schedule, venues for limited purpose gatherings permitted under that clause |
✓ | ||||
| Miscellaneous | ||||||
| 52 | The following specified in-home services: (a)a building, construction, or maintenance service: (b)a housing service provided by landlords and property managers: (c)a real estate or property relocation service: (d)a home-help service (including a cleaning service) for persons who require assistance because of sickness or disability: (e)a utility service relating to gas, electricity, water, waste, waste water, or liquid or solid fuel: (f)a telecommunications service (as defined in section 5 of the Telecommunications Act 2001): (g)an information technology maintenance or repair service: (h)a security service (including a locksmith): (i)a veterinary service or animal health and welfare service: (j)a pest management service: (k)the delivery, installation, or maintenance of consumer goods: (l)a Government service (within the meaning of item 10 of this schedule): (m)a building or resource consenting service (for example, building inspections and geotechnical inspections): (n)a gardening or landscaping service: (o)a service for deceased persons or tūpāpaku: (p)a legal service to execute documents, but only if— (i)the execution of the document is urgently required; and (ii)it is not reasonably practicable for the service to be provided through electronic means, such as under a relevant immediate modification order made under the Epidemic Preparedness Act 2006: (q)a mobile mechanic or mobile windscreen repair service. |
✓ | ||||
| 53 | Veterinary services and animal health and welfare services | ✓ | ||||
| 54 | Unions, if reasonably necessary to provide a service that cannot reasonably be delayed (for example, because a delay would risk the health and safety of workers) | ✓ | ||||
| Other | ||||||
| 55 | The essential operations of the following businesses or services: (a)the Transport Accident Investigation Commission |
✓ | ||||
| 56 | Businesses or services necessary, during the period that the business or service is operating in the area, to maintain any of the following: (a)another permitted business or service: (b)a business or service that is exempt under clauses 102 to 104 |
✓ | ||||
Schedule 2 item 32: amended, at 11.59 pm on 23 December 2021, by clause 27(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Schedule 2 item 33: amended, at 11.59 pm on 23 December 2021, by clause 27(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Schedule 2 item 34: revoked, at 11.59 pm on 23 December 2021, by clause 27(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Compare: LI 2021/237 Schedule 2; LI 2021/263 Schedule 2
Schedule 3 Purposes for which cross-boundary travel is permitted and related travel conditions
| Item | Purpose of travel | Travel conditions | ||
|---|---|---|---|---|
| Working | ||||
| 1 | Go to or carry out work for any of the following businesses or services and, if necessary, stay in no more than 1 place as temporary accommodation: (a)any category 1 business or service other than— (i)item 39 of Schedule 2 (retail greengrocers, butchers, or fishmongers): (ii)item 52 of Schedule 2 (specified in-home services): (b)any in-home service to the extent that the service is provided to a person (A) at A’s home or place of residence relating to the delivery, installation, or maintenance of goods that are necessary for A’s health or safety (for example, the maintenance of kitchen appliances): (c)the essential operations of— (i)the Golden Bay Cement manufacturing plant in Portland, Whangarei: (ii)New Zealand Steel |
|||
| 2 | Go to or carry out work for any of the following businesses or services and, if necessary, stay in no more than 1 place as temporary accommodation: (a)property relocation services for a person who is relocating their principal home or place of residence: (b)education entities |
|||
| 3 | Undertake necessary work under clause 64(2) at premises of a business or service that are in the same or an adjacent area and, if necessary, stay in no more than 1 place as temporary accommodation |
|||
| 4 | If the person is a person referred to in clauses 102 to 104, go to or carry out work and, if necessary, stay in no more than 1 place as temporary accommodation |
The person must comply with clause 95 (person must carry evidence of purpose). |
||
| Shared caregiver arrangements | ||||
| 5 | If the person is a child leaving the home or place of residence of a shared caregiver, go to visit or stay at the home or place of residence of another shared caregiver |
The person must comply with clause 97 (person must carry evidence of having had COVID-19 test (non-work activities)). |
||
| 6 | If the person is a fellow resident of a child, convey or accompany the child going to the home or place of residence of a shared caregiver or collect the child for that purpose | The person must comply with clause 97 (person must carry evidence of having had COVID-19 test (non-work activities)). |
||
| Care of children and others | ||||
| 7 | Provide urgent care for a child, or provide care or support to a person in a critical or terminal condition, if no other appropriate person is able to provide that care or support in the area in which it is needed |
|||
| Education | ||||
| 8 | If the person is a child or student at an education entity, attend that education entity |
The person must comply with clause 95 (person must carry evidence of purpose). |
||
| 9 | Return to a school hostel, but only if the person intends to stay at that school hostel until the end of the current school year |
|||
| 10 | If the person is a student at a tertiary education provider, attend that tertiary education provider |
|||
| Accessing health services with appointment | ||||
| 11 | Receive an injection of the Pfizer/BioNTech COVID-19 vaccine, if the facility providing the vaccine is the nearest such facility to the person’s home or place of residence |
|||
| 12 | Attend a scheduled appointment to receive another kind of health service |
|||
| Leaving or relocating home from hospital, etc | ||||
| 13 | Leave or change a home or a place of residence that is a hospital, another residential health service, or residential care |
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| Accessing judicial institutions if required or permitted | ||||
| 14 | Attend a court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution |
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| Accessing embassy, high commission, or consulate with appointment | ||||
| 15 | Attend a scheduled appointment at an embassy, high commission, or consulate |
|||
| Leaving or relocating home on court order, etc | ||||
| 16 |
Leave or change their home or place of residence as required by— (a)a court order (except an order relating to parenting or guardianship); or (b)anyone exercising a power under any enactment to— (i)order the person to be detained; or (ii)order the person to change their place of detention; or (iii)determine the person’s place of residence Example of power A direction of the New Zealand Parole Board or a probation officer |
|||
| 17 | Leave or change a home or a place of residence after a period of requirement, detention, or determination described in item 16 |
|||
| Leaving New Zealand | ||||
| 18 | If leaving New Zealand for another jurisdiction, go to— (a)an airport or a port from which the person will leave New Zealand; or (b)any managed isolation or quarantine facility immediately before leaving New Zealand |
|||
| Emergencies | ||||
| 19 | If necessary, preserve their own or any other person’s life or safety |
|||
| Going home after isolation or quarantine (or arrival) in New Zealand | ||||
| 20 | Go to the person’s principal home or place of residence (or intended principal home or place of residence) in New Zealand following— (a)the completion of their period of isolation or quarantine under the Isolation and Quarantine Order or an order under section 70 of the Health Act 1956; or (b)if none of those orders apply to the person, their arrival in New Zealand |
The person must comply with clause 95 (person must carry evidence of purpose). |
||
| Caring for pets or other animals | ||||
| 21 | Without limiting item 3, to provide care, or enable care to be provided, for pets or other animals, but only if— (a)a breach of the Animal Welfare Act 1999 could result if the care were not provided; and (b)the travel between areas is necessary to provide the care or enable it to be provided |
|||
| Going home | ||||
| 22 | Go to the person’s principal home or place of residence (not being a school student who has relied on item 9 to travel to a school hostel) | |||
| Relocating home or place of residence | ||||
| 23 | Relocate their home or place of residence on a permanent or long-term basis as a result of— (a)starting new employment: (b)purchasing or renting a new principal home or place of residence |
|||
| 24 | Relocate their home or place of residence as a result of attending a tertiary education provider or completing a course of study at a tertiary education provider |
|||
| Collecting certain persons | ||||
| 25 | Collect a person referred to in item 13, 16, 17, 20, 22, 23, or 24, for the purpose of accompanying them to their home or place of residence (or intended home or place of residence) in New Zealand |
|||
| Accompanying others | ||||
| 26 | Accompany any person (person B) travelling for any other purpose in this schedule, if it is reasonably necessary for them to accompany person B |
The person must comply with the same travel conditions as person B. |
||
Schedule 3 item 1: replaced, at 11.59 pm on 12 December 2021, by clause 23 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).
Schedule 3 item 2: amended, at 11.59 pm on 23 December 2021, by clause 28(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Schedule 3 item 8: amended, at 11.59 pm on 23 December 2021, by clause 28(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).
Schedule 3 item 20: amended, at 11.59 pm on 2 May 2022, by clause 31 of the COVID-19 Public Health Response (Maritime Border and Other Matters) Amendment Order 2022 (SL 2022/125).
Compare: LI 2021/263 cls 18(2B), (2C), 19(1)(b), (ba), Schedule 5
Schedule 4 Maps of regions and territorial authority districts in New Zealand
Part 1 Regions
Part 2 Districts
Schedule 5 Green (not active)
Part 1 Application
1 Application
This schedule currently does not apply to an area.
2 Description of area
No area is specified.
Guidance note
See the Government COVID-19 website (https://covid19.govt.nz/) for a detailed boundary map, or see Schedule 4 for indicative maps of the boundaries of each region and each territorial authority district in New Zealand.
Part 2 COVID-19 provisions that have effect
Schedule 5 Part 2: inserted, at 11.59 pm on 4 April 2022, by clause 17 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
| Clause | Brief description | Modification | ||
|---|---|---|---|---|
| Access must not be denied on vaccination grounds | ||||
| cl 31 | Person must not be denied access to certain premises on vaccination grounds | |||
| cl 32 | Person must not be denied access to goods or services from certain premises on vaccination grounds | |||
| cl 33 | Business or service in control of premises must allow people access to designated premises | |||
| cl 33A | Business or service in control of premises A must allow student access for purpose of participating in extra-curricular or curricular activity in premises B | |||
Part 2 COVID-19 provisions that have effect
[Revoked]Schedule 5 Part 2: revoked, at 11.59 pm on 25 March 2022, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Part 3 CVC rules and non-CVC rules
[Revoked]Schedule 5 Part 3: revoked, at 11.59 pm on 25 March 2022, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Subpart 1—Food and drink businesses or services
[Revoked]Schedule 5 Part 3 subpart 1: revoked, at 11.59 pm on 25 March 2022, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Subpart 2—Close-proximity businesses and services
[Revoked]Schedule 5 Part 3 subpart 2: revoked, at 11.59 pm on 25 March 2022, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Subpart 3—Gyms
[Revoked]Schedule 5 Part 3 subpart 3: revoked, at 11.59 pm on 25 March 2022, by clause 9 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Part 4 Miscellaneous
3 How to read clause references
In this schedule, a clause reference in a table is a reference to a clause in Part 2 of this order.
4 Relationship with other COVID-19 response schedules
If there is an inconsistency between this schedule and any other COVID-19 response schedule, the other schedule prevails.
Schedule 6 Orange (whole of New Zealand)
Schedule 6 heading: amended, at 11.59 pm on 13 April 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).
Part 1 Application
Schedule 6 Part 1: replaced, at 11.59 pm on 13 April 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).
1 Application
This schedule applies to the area described in clause 2 of this schedule.
Schedule 6 clause 1: replaced, at 11.59 pm on 13 April 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).
2 Description of area
The area is the whole of New Zealand.
Guidance note
See the Government COVID-19 website (https://covid19.govt.nz/) for a detailed boundary map, or see Schedule 4 for indicative maps of the boundaries of each region and each territorial authority district in New Zealand.
Schedule 6 clause 2: replaced, at 11.59 pm on 13 April 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).
Part 2 COVID-19 provisions that have effect
Schedule 6 Part 2: inserted, at 11.59 pm on 4 April 2022, by clause 18 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
| Clause | Brief description | Modification | ||
|---|---|---|---|---|
| Face coverings | ||||
| cl 23 | Person must comply with face covering rule in specified premises or circumstances | |||
| cl 23A | Certain workers must comply with medical-grade face covering rule | For the purposes of clause 23A,— (a)the second column of subpart 2 of Part 2A of this schedule specifies the types of workers that must comply with the medical-grade face covering rule; and (b)the third column of subpart 2 of Part 2A of this schedule specifies the circumstances in which the worker must comply with the medical-grade face covering rule. |
||
| cl 24 | Business or service must have systems and processes to ensure workers wear face coverings or medical-grade face coverings | |||
| Access must not be denied on vaccination grounds | ||||
| cl 31 | Person must not be denied access to certain premises on vaccination grounds | |||
| cl 32 | Person must not be denied access to goods or services from certain premises on vaccination grounds | |||
| cl 33 | Business or service in control of premises must allow people access to designated premises | |||
| cl 33A | Business or service in control of premises A must allow student access for purpose of participating in extra-curricular or curricular activity in premises B | |||
Part 2A Who must comply with face covering rule or medical-grade face covering rule
Schedule 6 Part 2A: inserted, at 11.59 pm on 4 April 2022, by clause 18 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Subpart 1—When person must comply with face covering rule
Schedule 6 Part 2A subpart 1: inserted, at 11.59 pm on 4 April 2022, by clause 18 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
| Item | Specified premises or circumstances for purposes of clause 23 | ||
|---|---|---|---|
| Transport | |||
| 1 | When the person is on a public transport service, except— (a)when on a ship that does not have an enclosed space for passengers; or (b)when they are a passenger within their allocated carriage on a specified KiwiRail service |
||
| 2 | When the person is on a school transport service |
||
| 3 | When the person is at arrival or departure points for a public transport service |
||
| Businesses and services | |||
| 4 | When the person is at the premises of the following businesses and services, while they are on the parts of the premises that are open to the public: (a)retail businesses or services: (b)public facilities (excluding swimming pools): (c)pharmacies: (d)veterinary services or animal health and welfare services |
||
| 5 | When the person is in a public area of the following businesses or services: (a)a court or tribunal, except where a judicial officer has given a direction that face coverings are not required in the room where the hearing is held: (b)a specified social service: (c)premises operated by New Zealand Post Limited, including a customer service counter: (d)premises operated by a central government agency, a local authority, or the New Zealand Police, except DOC visitor accommodation |
||
| 6 | When the person is at the premises of a health service other than a pharmacy, but only if the person is not a patient or worker of the health service |
||
| Events and gatherings | |||
| 7 | When the person is a worker at a gathering, but only when they are working with customers or clients at the gathering |
Subpart 2—When certain workers must comply with medical-grade face covering rule
Schedule 6 Part 2A subpart 2: inserted, at 11.59 pm on 4 April 2022, by clause 18 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
| Item | Specified types of workers for purposes of clause 23A | Specified circumstances | ||
|---|---|---|---|---|
| Businesses and services | ||||
| 1 | A worker at a food and drink business or service |
When they are working with members of the public, customers, or clients on the premises of the food and drink business or service, and only on the parts of the premises that are open to the public | ||
| 2 | A worker at a close-proximity business or service |
When they are working with customers or clients on the premises of, or in the course of carrying out the activities of, the business or service, and only so far as is reasonably practicable |
||
| 2A | An election worker at a voting place |
When they are working with members of the public, customers, or clients at the voting place, and only on the parts of the premises that are open to the public | ||
Gatherings and events |
||||
| 3 | A worker at an event |
When they are working with members of the public, customers, or clients at the event, and only on the parts of the premises that are open to the public | ||
| Border work | ||||
| 4 | A border worker |
When they are— (a)working with members of the public, customers, or clients in the course of carrying out work as a border worker; or (b)at the premises where they work as a border worker, and only on the parts of the premises that are open to the public |
Schedule 6 Part 2A subpart 2: amended, at 11.59 pm on 2 July 2022, by clause 17(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Schedule 6 Part 2A subpart 2: amended, at 11.59 pm on 2 July 2022, by clause 17(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Schedule 6 Part 2A subpart 2: amended, at 11.59 pm on 21 May 2022, by clause 15 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Part 2 COVID-19 provisions that have effect
[Revoked]Schedule 6 Part 2: revoked, at 11.59 pm on 25 March 2022, by clause 10 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Part 3 CVC rules and non-CVC rules
[Revoked]Schedule 6 Part 3: revoked, at 11.59 pm on 25 March 2022, by clause 10 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Subpart 1—Food and drink businesses or services
[Revoked]Schedule 6 Part 3 subpart 1: revoked, at 11.59 pm on 25 March 2022, by clause 10 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Subpart 2—Close-proximity businesses and services
[Revoked]Schedule 6 Part 3 subpart 2: revoked, at 11.59 pm on 25 March 2022, by clause 10 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Subpart 3—Gyms
[Revoked]Schedule 6 Part 3 subpart 3: revoked, at 11.59 pm on 25 March 2022, by clause 10 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83).
Part 4 Miscellaneous
3 How to read clause references
In this schedule, a clause reference in a table is a reference to a clause in Part 2 of this order.
4 Relationship with other COVID-19 response schedules
(1)
If there is an inconsistency between this schedule and Schedule 5, this schedule prevails.
(2)
If there is an inconsistency between this schedule and any other COVID-19 response schedule, the other schedule prevails.
Schedule 7 Red (not active)
Schedule 7 heading: amended, at 11.59 pm on 13 April 2022, by clause 5(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).
Part 1 Application
Schedule 7 Part 1: replaced, at 11.59 pm on 13 April 2022, by clause 5(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).
1 Application
This schedule currently does not apply to an area.
Schedule 7 clause 1: replaced, at 11.59 pm on 13 April 2022, by clause 5(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).
2 Description of area
No area is specified.
Guidance note
See the Government COVID-19 website (https://covid19.govt.nz/) for a detailed boundary map, or see Schedule 4 for indicative maps of the boundaries of each region and each territorial authority district in New Zealand.
Schedule 7 clause 2: replaced, at 11.59 pm on 13 April 2022, by clause 5(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).
Part 2 COVID-19 provisions that have effect
Schedule 7 Part 2: replaced, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
| Clause | Brief description | Modification | ||
|---|---|---|---|---|
| Face coverings | ||||
| cl 23 | Person must comply with face covering rule in specified premises or circumstances |
For the purposes of clause 23,— (a)the second column of subpart 1 of Part 2A of this schedule specifies the premises or circumstances in which a person must comply with the face covering rule; and (b)the items in the second column of that subpart are subject to the modifications (if any) in the third column. |
||
| cl 23A | Certain workers must comply with medical-grade face covering rule |
For the purposes of clause 23A,— (a)the second column of subpart 2 of Part 2A of this schedule specifies the types of workers that must comply with the medical-grade face covering rule; and (b)the third column of subpart 2 of Part 2A of this schedule specifies the circumstances in which the worker must comply with the medical-grade face covering rule. |
||
| cl 24 | Business or service must have systems and processes to ensure workers wear face coverings or medical-grade face coverings | |||
| Access must not be denied on vaccination grounds | ||||
| cl 31 | Person must not be denied access to certain premises on vaccination grounds | |||
| cl 32 | Person must not be denied access to goods or services from certain premises on vaccination grounds | |||
| cl 33 | Business or service in control of premises must allow people access to designated premises | |||
| cl 33A | Business or service in control of premises A must allow student access for purpose of participating in extra-curricular or curricular activity in premises B | |||
| Physical distancing and capacity limits | ||||
| cl 40 | Business or service must comply with capacity limit based on specified physical distancing rule | (1)Clause 40 applies only to an indoor defined space in— (a)a public facility; or (b)a retail business or service other than a transport station retail business or service; or (c)a tertiary education provider. (2)For the purposes of clause 40(1), the specified physical distancing rule is the 1-metre physical distancing rule. |
||
| cl 41 | Business or service must comply with fixed capacity limit based on specified physical distancing rule | (1)Clause 41 applies only to the following spaces: (a)an indoor defined space in a gym: (b)an indoor defined space of a food and drink business or service, but only to the extent that the defined space is that business or service’s own distinct defined space. (2)For the purposes of clause 41(1)(a), the fixed number is 200. (3)For the purposes of clause 41(1)(b), the specified physical distancing rule is the 1-metre physical distancing rule. |
||
| Gatherings | ||||
| cl 42 | No gatherings unless permitted | |||
| cl 47 | Gathering permitted if indoor capacity limit not exceeded | (1)For the purposes of clause 47(2)(a), the fixed number is 200. (2)For the purposes of clause 47(2)(a), the specified physical distancing rule is the 1-metre physical distancing rule. (3)The requirement in clause 47(4) does not apply. |
||
| cl 47A | Gathering permitted if outdoors | |||
| Events | ||||
| cl 51 | No event unless permitted | |||
| cl 54 | Fixed capacity indoor event permitted | (1)For the purposes of clause 54(2)(a), the fixed number is 200. (2)For the purposes of clause 54(2)(b), the specified physical distancing rule is the 1-metre physical distancing rule. (3)The requirements in clause 54(4) and (5) do not apply. |
||
| cl 54A | Outdoor event permitted | |||
Food and drink |
||||
| cl 69 | Customers and clients at food and drink business or service must comply with seating requirements | Clause 69 does not apply— (a)outdoors; or (b)in a shopping mall food court, unless clause 69(4) applies to the food and drink business or service. |
||
Schedule 7 Part 2: amended, at 11.59 pm on 21 May 2022, by clause 16(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Schedule 7 Part 2: amended, at 11.59 pm on 21 May 2022, by clause 16(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Part 2A When person must comply with face covering rule or medical-grade face covering rule
Schedule 7 Part 2A: replaced, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Subpart 1—When person must comply with face covering rule
Schedule 7 Part 2A subpart 1: replaced, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
| Item | Specified premises or circumstances for purposes of clause 23 | Modification | ||
|---|---|---|---|---|
| Transport | ||||
| 1 | When the person is on a public transport service, except— (a)when on a ship that does not have an enclosed space for passengers; or (b)when they are a passenger within their allocated carriage on a specified KiwiRail service |
Despite clause 11(3)(a)(i), the person must comply with the face covering rule if they are aged 8 years or over or a student in year 4 or above. |
||
| 2 | When the person is on a school transport service |
Despite clause 11(3)(a)(i), the person must comply with the face covering rule if they are aged 8 years or over or a student in year 4 or above. |
||
| 3 | When the person is at arrival or departure points for a public transport service |
|||
Businesses and services |
||||
| 4 | When the person is at the premises of the following businesses and services, while they are on the parts of the premises that are open to the public: (a)retail businesses or services: (b)public facilities (excluding swimming pools): (c)pharmacies: (d)veterinary services or animal health and welfare services |
|||
| 5 | When the person is in a public area of the following businesses or services: (a)a court or tribunal, except where a judicial officer has given a direction that face coverings are not required in the room where the hearing is held: (b)a specified social service: (c)premises operated by New Zealand Post Limited, including a customer service counter: (d)premises operated by a central government agency, a local authority, or the New Zealand Police, except Department of Conservation visitor accommodation |
|||
| 6 | When the person is at the premises of a health service other than a pharmacy, but only if the person is not a patient or worker of the health service |
|||
| 7 | When the person is at the premises of a food and drink business or service |
|||
| 8 | When the person is at the premises of a close-proximity business or service |
The person must only comply with the face covering rule so far as is reasonably practicable | ||
| 9 | If the person is a worker delivering goods to premises and is in close proximity to a client or customer |
|||
Gatherings and events |
||||
| 10 | When the person is at a permitted gathering other than a gathering— (a)at a private dwellinghouse; or (b)in a defined space or premises of a workplace (other than a vehicle in use as part of a public transport service) being used exclusively for the gathering |
|||
| 11 | When the person is a worker at a permitted gathering, but only when working with customers or clients at the gathering |
|||
| 12 | When the person is at a permitted event |
|||
Education |
||||
| 13 | When the person is at a licensed early childhood service, but only if they are a visitor |
Clause 23(2) does not apply to item 13. |
||
| 14 | When the person is at a registered school and is— (a)a student receiving education services at that school who is— (i)in year 4 to 13; but (ii)not in a specified composite class; or (b)a visitor to that school |
(1)Clause 23(2) does not apply to item 14. (2)Clause 11(3)(a)(i) does not apply to item 14(a). |
||
| 15 | When the person is at tertiary education premises and is— (a)on the parts of the premises that are open to the public; or (b)attending formal teaching or learning activities |
Schedule 7 Part 2A subpart 1: amended, at 11.59 pm on 21 May 2022, by clause 16(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Subpart 2—When certain workers must comply with medical-grade face covering rule
Schedule 7 Part 2A subpart 2: replaced, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
| Item | Specified types of workers for purposes of clause 23A | Specified circumstances | ||
|---|---|---|---|---|
| Businesses and services | ||||
| 1 | A worker at a food and drink business or service |
When they are working with members of the public, customers, or clients on the premises of the food and drink business or service, and only on the parts of the premises that are open to the public | ||
| 2 | A worker at a gym |
When they are working with members of the public, customers, or clients on the premises of the gym, and only on the parts of the premises that are open to the public | ||
| 3 | A worker at a close-proximity business or service |
When they are working with customers or clients on the premises of, or in the course of carrying out the activities of, the business or service, and only so far as is reasonably practicable | ||
| 3A | An election worker at a voting place |
When they are working with members of the public, customers, or clients at the voting place, and only on the parts of the premises that are open to the public | ||
Gatherings and events |
||||
| 4 | A worker at a permitted event |
When they are working with members of the public, customers, or clients at the event, and only on the parts of the premises that are open to the public | ||
Education |
||||
| 5 | A staff member working to provide, or support the provision of, education services to students at a registered school |
When they are providing, or supporting the provision of, services to a student who is— (a)in year 4 to 13; but (b)not in a specified composite class |
||
Border work |
||||
| 6 | A border worker |
When they are— (a)working with members of the public, customers, or clients in the course of carrying out work as a border worker; or (b)at the premises where they work as a border worker, and only on the parts of the premises that are open to the public |
Schedule 7 Part 2A subpart 2: amended, at 11.59 pm on 2 July 2022, by clause 18(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Schedule 7 Part 2A subpart 2: amended, at 11.59 pm on 2 July 2022, by clause 18(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).
Schedule 7 Part 2A subpart 2: amended, at 11.59 pm on 21 May 2022, by clause 16(4) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).
Part 3 CVC rules and non-CVC rules
[Revoked]Schedule 7 Part 3: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Subpart 1—Food and drink businesses or services
[Revoked]Schedule 7 Part 3 subpart 1: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Subpart 2—Close-proximity businesses and services
[Revoked]Schedule 7 Part 3 subpart 2: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Subpart 3—Gyms
[Revoked]Schedule 7 Part 3 subpart 3: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Subpart 4—Tertiary education providers
[Revoked]Schedule 7 Part 3 subpart 4: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).
Part 4 Miscellaneous
3 How to read clause references
In this schedule, a clause reference in a table is a reference to a clause in Part 2 of this order.
4 Relationship with other COVID-19 response schedules
(1)
If there is an inconsistency between this schedule and Schedule 5 or 6, this schedule prevails.
(2)
If there is an inconsistency between this schedule and any other COVID-19 response schedule, the other schedule prevails.
Schedule 8 Travelling in and out of extended Auckland area
[Revoked]Schedule 8: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
Part 1 Application
[Revoked]Schedule 8 Part 1: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
1 Application
[Revoked]Schedule 8 clause 1: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
2 Description of area
[Revoked]Schedule 8 clause 2: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
3 Map of area
[Revoked]Schedule 8 clause 3: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
Part 2 COVID-19 provisions that have effect
[Revoked]Schedule 8 Part 2: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
Part 2A Specified purposes
[Revoked]Schedule 8 Part 2A: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
Part 3 Miscellaneous
[Revoked]Schedule 8 Part 3: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
4 How to read clause references
[Revoked]Schedule 8 clause 4: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
5 Relationship with other COVID-19 response schedules
[Revoked]Schedule 8 clause 5: revoked, at 11.59 pm on 16 January 2022, by clause 5 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1).
Dated at Wellington this 30th day of November 2021.
Hon Chris Hipkins,
Minister for COVID-19 Response.
Date of notification in Gazette: 30 November 2021.
Notes
1 General
This is a consolidation of the COVID-19 Public Health Response (Protection Framework) Order 2021 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
COVID-19 Public Health Response (Masks) Order 2022 (SL 2022/255): clause 11
COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207): Part 2
COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179): clause 4
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022 (SL 2022/165)
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143)
COVID-19 Public Health Response (Maritime Border and Other Matters) Amendment Order 2022 (SL 2022/125): Part 5
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 7) 2022 (SL 2022/113)
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107)
COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89): Part 1
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022 (SL 2022/83)
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62)
COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 (SL 2022/6): Part 1 (as amended by COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 Amendment Order 2022 (SL 2022/8))
COVID-19 Public Health Response (Protection Framework) Amendment Order 2022 (SL 2022/1): Part 1
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426)
COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414)
COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388)