COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020

2020/186

Coat of Arms of New Zealand

COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of August 2020

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 33A of the COVID-19 Public Health Response Act 2020—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Housing made after consultation with the Minister of Health and after being satisfied that—

(i)

the prescribed charges relate to managed isolation or quarantine facility (MIQF) costs; and

(ii)

the prescribed charges recover from any class of persons no more than an estimate of the actual and reasonable MIQF costs incurred in relation to that class (including both direct and indirect costs); and

(iii)

there is appropriate provision to grant relief from the payment of the prescribed charges in circumstances where payment of the charges would cause undue financial hardship; and

(iv)

the prescribed charges do not limit or are justified limits on the rights and freedoms in the New Zealand Bill of Rights Act 1990.

Regulations

1 Title

These regulations are the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020.

2 Commencement

These regulations come into force at 12.01 am on 11 August 2020.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the COVID-19 Public Health Response Act 2020

adult is a person who is not a child

charges means the charges prescribed by regulation 7

chief executive means the chief executive of the Ministry for Business, Innovation, and Employment

child means a person who, at the time of entering an MIQF, is younger than 18 years of age

claimant has the same meaning as in section 4 of the Immigration Act 2009

excepted person means—

(a)

an exempt person as described in section 32E(2)(a) to (e) of the Act or prescribed by regulation 8; and

(b)

any other person in respect of whom charges are not payable under these regulations

family member, in relation to an excepted person, means a spouse, partner, guardian, or child of that person

fellow resident, of any person (person A), means another person who is isolated or quarantined in the same room as person A

guardian has the same meaning as in the Care of Children Act 2004

ordinarily resident in New Zealand means present in New Zealand for 183 days or more in total in the preceding 12 months (counting presence in New Zealand for part of a day as presence for a whole day)

partner means a civil union partner or de facto partner

protected person has the same meaning as in section 4 of the Immigration Act 2009

refugee has the same meaning as in section 4 of the Immigration Act 2009

spouse of a person means the person’s husband or wife.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Who pays charges and how much

5 Charges payable for MIQF costs

These regulations prescribe charges payable for MIQF costs.

6 Persons in respect of whom charges are payable

(1)

The charges are payable by or on behalf of the following persons unless they are an exempt person described in section 32E(2)(a) to (e) of the Act or prescribed by regulation 8:

(a)

a specified person who has arrived in New Zealand from a place outside New Zealand and is required by or under a COVID-19 order to stay at an MIQF:

(b)

a person who has elected to enter an MIQF.

(2)

A specified person is anyone to whom 1 or more of the following applies:

(a)

the person last departed New Zealand on or after 12.01 am on 11 August 2020 and is—

(i)

a New Zealand citizen or residence class visa holder; or

(ii)

an Australian citizen or a person who holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia and who, on the date on which they entered New Zealand, was ordinarily resident in New Zealand:

(b)

the person is visiting New Zealand for a period of less than 90 days and is—

(i)

a New Zealand citizen or residence class visa holder; or

(ii)

an Australian citizen or a person who holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia and who, on the date on which they entered New Zealand, was ordinarily resident in New Zealand:

(c)

the person is a temporary entry class visa holder, other than a person who—

(i)

was ordinarily resident in New Zealand on 19 March 2020; and

(ii)

departed New Zealand on or before that date:

(d)

the person entered New Zealand on a border exception as either of the following in accordance with immigration instructions:

(i)

critical health worker:

(ii)

other critical worker.

(3)

The persons described in subclause (2)(a) to (d) are prescribed classes of person for the purposes of section 32E(1)(a)(ii) of the Act.

7 Amount of charges

(1)

The charge for the first or only person in a room is $3,100.

(2)

The charge for a fellow resident of the first person is—

(a)

$950 for an adult:

(b)

$475 for a child who is 3 years of age or older.

(3)

A charge is not payable in respect of a child under 3 years of age if the child is a fellow resident of the first person.

(4)

The chief executive may determine that a lesser charge is payable in respect of a person who stays in an MIQF for less than 14 days. The lesser charge must be calculated on a pro rata basis (rounded up to a number of whole days).

(5)

All adults in a room are jointly and severally liable to pay any charges that apply in respect of themselves and their fellow residents.

(6)

If a child is staying in a room without an adult, the child’s guardians are jointly and severally liable for the charges payable in respect of the child.

(7)

Charges are inclusive of GST.

(8)

In this clause, the first person in a room is—

(a)

an adult in respect of whom charges are payable under these regulations; or

(b)

if there is no adult of a kind described in paragraph (a), a child.

Who is exempt from charges

8 Persons exempt from charges

In addition to the persons specified in section 32E(2)(a) to (e) of the Act, the following persons are exempt from the charges:

(a)

a fellow resident of an excepted person who is a family member of that excepted person, unless—

(i)

the fellow resident is a person described in regulation 6(2)(d); or

(ii)

the excepted person is only an excepted person because they are under 3 years of age:

(b)

a person who has entered New Zealand after, or as part of, a medical air transfer:

(c)

a person who has travelled to New Zealand to receive medical treatment under the New Zealand Medical Treatment Scheme administered by the Ministry of Foreign Affairs and Trade:

(d)

a person who has returned to New Zealand after travelling for medical treatment under the High Cost Treatment Pool scheme administered by the Ministry of Health:

(e)

a New Zealand citizen who is ordinarily resident in the Cook Islands, Niue, or Tokelau and who has entered New Zealand for medical treatment:

(f)

a New Zealand citizen who is ordinarily resident in the Cook Islands, Niue, or Tokelau and who—

(i)

has travelled to New Zealand from another country for the purpose of returning to the Cook Islands, Niue, or Tokelau; and

(ii)

is visiting New Zealand for less than 90 days; and

(iii)

is returning to the Cook Islands, Niue, or Tokelau (as the case may be) for 90 days or more:

(g)

a caregiver who has elected to enter an MIQF to care for an excepted person:

(h)

a person who has entered an MIQF after being rescued, or having performed a rescue, at sea:

(i)

a person who has entered New Zealand for the purpose of attending the sentencing of the person convicted of carrying out the attacks on Christchurch mosques on 15 March 2019:

(j)

a claimant, refugee, or protected person who is entering New Zealand for the first time as a claimant, refugee, or protected person:

(k)

a person who is applying for a visa under immigration instructions relating to victims of family violence and who is entering New Zealand under that type of visa for the first time:

(l)

a person who is entering New Zealand for the first time since becoming a returning offender (as defined in section 7 of the Returning Offenders (Management and Information) Act 2015):

(m)

a person who is entering New Zealand after being deported from Australia for the first time.

When charges can be waived

9 Chief executive may waive charges in cases of undue financial hardship

(1)

The chief executive may waive, in whole or in part, the payment of charges payable by a person if the chief executive considers that payment would cause the person undue financial hardship.

(2)

In considering whether to grant a person a waiver under subclause (1), the chief executive may take into account the following:

(a)

the person’s income:

(b)

the person’s outgoings (for example, mortgage or loan repayments):

(c)

the person’s assets:

(d)

the person’s liabilities.

10 Chief executive may waive charges in other special circumstances

(1)

The chief executive may waive, in whole or in part, the payment of charges payable by a person if the person establishes, to the satisfaction of the chief executive, that a waiver is justified by special circumstances.

(2)

In subclause (1), special circumstances may include, without limitation,—

(a)

where a person described in regulation 6(2)(a) has left New Zealand for the purposes of accompanying back to New Zealand an excepted person who has a condition or disability that means they are unable to travel alone; or

(b)

where a person has travelled to visit a close relative who is seriously ill or dying or to attend a funeral or tangihanga (whether in New Zealand or overseas); or

(c)

where a person has travelled to New Zealand, or returned to New Zealand having travelled overseas, for the purposes of obtaining medical treatment.

How charges are paid

11 Charges payable on due date stated in invoice or notice

(1)

On or after the date on which a liable person leaves an MIQF, the chief executive must issue the person with an invoice or a notice that states—

(a)

the amount of charges they are liable to pay; and

(b)

the due date for the charges (which may be no later than 90 days after the date of issue).

(2)

Charges are payable on or before the due date.

(3)

However, the chief executive may agree to defer the time for payment if the chief executive considers that a deferment is appropriate in the circumstances.

(4)

In subclause (1), liable person means a person referred to in regulation 7(5) or (6), as relevant.

12 How charges must be paid

(1)

The chief executive may allow a person to pay charges by specified instalments over a specified period if the chief executive considers that financial hardship would otherwise result.

(2)

In any other case, charges are payable in a manner acceptable to the chief executive.

(3)

The chief executive must publish a statement of the acceptable manners of payment on an Internet site maintained by, or on behalf of, the Ministry of Business, Innovation, and Employment.

When charges may be refunded

13 Chief executive may refund charges

The chief executive may refund, in whole or in part, charges paid by a person if the chief executive considers that a refund is appropriate in the circumstances.

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

1 Regulations do not apply to persons who entered MIQF before 11 August 2020

These regulations do not apply in respect of a person’s stay at an MIQF if that stay began before 12.01 am on 11 August 2020.

2 Regulations do not apply if flight departed before 11 August 2020

These regulations do not apply in respect of a person’s stay at an MIQF if the person travelled to New Zealand on an aircraft that—

(a)

was scheduled to depart from a place outside New Zealand at or before 12.01 am on 11 August 2020; and

(b)

had no scheduled stopovers before it landed in New Zealand.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force at 12.01 am on 11 August 2020. They are made under the COVID-19 Public Health Response Act 2020 (the Act). The regulations prescribe charges to recover the costs of a person’s stay in a managed isolation or quarantine facility (MIQF). The charges are payable in respect of persons who are required to stay in an MIQF if they belong to any of the following groups:

  • returning New Zealand citizens and residents who left New Zealand on or after 12.01 am on 11 August 2020:

  • New Zealand citizens and residents who are visiting New Zealand for less than 90 days:

  • Australian citizens and residents who are ordinarily resident in New Zealand and who left New Zealand on or after 12.01 am on 11 August 2020:

  • Australian citizens and residents who are ordinarily resident in New Zealand and who are visiting New Zealand for less than 90 days:

  • holders of a temporary entry class visa (other than those who were ordinarily resident in New Zealand on 19 March 2020 and left New Zealand on or before that date):

  • any person entering under a border exception as a critical health worker or other critical worker.

The charges are also payable by persons who have elected to stay in an MIQF (see section 32E(1)(b) of the Act).

However, the Act provides that certain people are exempt from the charges and these regulations add further classes of exempt people. The exempt people include, for example,—

  • certain people travelling for medical treatment:

  • people travelling to New Zealand to attend the sentencing of the person who carried out the Christchurch mosque attacks.

The charges may also be waived, in whole or in part, where payment would cause a person undue financial hardship or if other special circumstances apply. The special circumstances may include compassionate grounds such as enabling a person to visit a close relative who is seriously ill or dying.

The charges are —

(a)

$3,100 for the first or only person in a room:

(b)

$950 for any additional adult in the room:

(c)

$475 for any additional child in the room who is 3 years of age or older.

People who are liable to pay the charges will be invoiced on or after the date that they leave the MIQF.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 August 2020.

These regulations are administered by the Ministry of Business, Innovation, and Employment.