COVID-19 Public Health Response (Required Testing) Order 2020

Reprint as at 4 October 2020

Coat of Arms of New Zealand

COVID-19 Public Health Response (Required Testing) Order 2020

(LI 2020/230)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Health.

This order is made by the Minister of Health under section 11 of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.

Order

1 Title

This order is the COVID-19 Public Health Response (Required Testing) Order 2020.

2 Commencement

This order comes into force at 11.59 pm on 29 August 2020.

3 Purpose

The purpose of this order is to prevent, and limit the risk of, the outbreak or spread of COVID-19 by requiring testing and medical examination of affected persons for COVID-19.

4 Interpretation

In this order, unless the context otherwise requires,—

affected airport, in relation to a place, means an airport where an aircraft arrives from a location outside New Zealand

affected person, in relation to a place, means a person—

(a)

who belongs to a group; and

(b)

who carries out work in any capacity (whether paid or unpaid) at the place

affected port, in relation to a place, means a port where a ship arrives from a location outside New Zealand

affected ship, in relation to a group, means a ship with any person or persons on board who are required to be isolated or quarantined in accordance with a COVID-19 order

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 on or after 19 October 2020:

(b)

other persons who—

(i)

are ordinarily resident in New Zealand; and

(ii)

are identified as crew members on a crew manifest for an aircraft that has travelled internationally on or after 19 October 2020; and

(iii)

have an international layover (whether airside or landside) during that travel:

(c)

cabin crew who, on or after 19 October 2020, travel on a domestic flight within New Zealand that carries international arriving or international transiting passengers who have not yet completed isolation or quarantine at a managed isolation or quarantine facility

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 civil aviation security area or a Customs-controlled area)

community testing centre means a centre that the Ministry of Health recognises as a community testing centre for COVID-19

excluded airside person, in relation to a group, means a person who—

(a)

is a member of an international aircrew, or a member of an aircrew that is based in New Zealand; or

(b)

works at an affected airport, and interacts only with international departing passengers (other than international transiting passengers); or

(c)

works on the airside of the affected airport only in areas that are inaccessible to international arriving or international transiting passengers

excluded port person, in relation to a group, means a person who is in isolation or quarantine on a ship under a COVID-19 order

group means a group of persons specified in the second column of an item of the table

health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

landside, in relation to an affected airport, means any part of the affected airport that is not airside

managed isolation facility, in relation to a place, means a facility that is designated by the New Zealand Government for use as a place of isolation

managed quarantine facility, in relation to a place, means a facility that is designated by the New Zealand Government for use as a place of quarantine

place, in relation to a group, means a place specified in a Part heading in the table that applies to the group

port has the same meaning as in section 2(1) of the Maritime Transport Act 1994

ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

table means the table set out in Schedule 2

testing centre, in relation to a group, means a testing centre for COVID-19 specified in the third column of the item of the table for the group to which the affected person belongs.

Clause 4 affected airport: replaced, at 11.59 pm on 16 September 2020, by clause 4(1) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 4 affected person: replaced, at 11.59 pm on 16 September 2020, by clause 4(2) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 4 affected port: replaced, at 11.59 pm on 16 September 2020, by clause 4(3) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 4 aircraft: inserted, at 11.59 pm on 16 September 2020, by clause 4(5) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 4 aircrew member: inserted, at 11.59 pm on 4 October 2020, by clause 22 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4 landside: inserted, at 11.59 pm on 4 October 2020, by clause 22 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4 port: inserted, at 11.59 pm on 16 September 2020, by clause 4(5) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 4 Port of Tauranga: revoked, at 11.59 pm on 16 September 2020, by clause 4(4) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 4 Ports of Auckland: revoked, at 11.59 pm on 16 September 2020, by clause 4(4) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 4 ship: inserted, at 11.59 pm on 16 September 2020, by clause 4(5) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

5 Transitional, savings, and related provisions

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

6 Application of order

This order applies to the whole of New Zealand.

7 Requirement to undergo testing and medical examination

(1)

An affected person must report for, and undergo, testing and medical examination for COVID-19—

(a)

at a testing centre specified in the table for the group to which the affected person belongs; and

(b)

by the deadline, or at least once within each period, that is specified in the fourth column of the item of the table for the group to which the affected person belongs.

(2)

If an affected person belongs to 2 or more groups and is subject to—

(a)

2 or more deadlines, the earliest deadline applies to the affected person:

(b)

2 or more periods, the period that requires the most frequent testing and medical examination applies to the affected person.

(3)

A deadline does not apply to a person who becomes an affected person after the deadline.

8 Exemptions from testing and medical examination

(1)

An affected person is not required to undergo testing and medical examination under clause 7 to the extent that the person has particular physical or other needs that a suitably qualified health practitioner (in the course of carrying out work at the testing centre where the person reports for the testing and medical examination) determines would make it inappropriate for the person to undergo that testing and medical examination (or any part of it).

(2)

An affected person who works at an affected airport is not required to undergo testing and medical examination under clause 7 if an aircraft has not arrived at the affected airport from a location outside New Zealand for a period of at least 14 consecutive days.

(3)

An affected person who works at an affected port is not required to undergo testing and medical examination under clause 7 if a ship has not arrived at the affected port from a location outside New Zealand for a period of at least 14 consecutive days.

(4)

To avoid doubt,—

(a)

the exemption in subclause (2) ceases to apply the moment an aircraft arrives at the affected airport from a location outside New Zealand:

(b)

the exemption in subclause (3) ceases to apply the moment a ship arrives at the affected port from a location outside New Zealand.

(5)

An aircrew member is not required to undergo testing and medical examination under clause 7 if, during an applicable testing period, the aircrew member is required to be tested and isolated or quarantined under another COVID-19 order during that period.

Clause 8: replaced, at 11.59 pm on 6 September 2020, by clause 4 of the COVID-19 Public Health Response (Required Testing) Amendment Order 2020 (LI 2020/242).

Clause 8 heading: amended, at 11.59 pm on 16 September 2020, by clause 5(1) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 8(2): inserted, at 11.59 pm on 16 September 2020, by clause 5(2) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 8(3): inserted, at 11.59 pm on 16 September 2020, by clause 5(2) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 8(4): inserted, at 11.59 pm on 16 September 2020, by clause 5(2) of the COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246).

Clause 8(5): inserted, at 11.59 pm on 4 October 2020, by clause 23 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

9 Scope of testing and medical examination

Testing and medical examination under clause 7

(a)

must involve taking nose swabs or mouth swabs (or both); and

(b)

may involve—

(i)

taking temperatures:

(ii)

carrying out chest auscultation:

(iii)

seeking and obtaining information about symptoms.

10 Infringement offence

A breach of clause 7 without reasonable excuse is an infringement offence for the purposes of section 26(3) of the COVID-19 Public Health Response Act 2020.

11 Revocation

Schedule 1 Transitional, savings, and related provisions

cl 5

Part 1 Provisions relating to this order as made

There are no transitional, savings, or related provisions relating to this order as made.

Schedule 2 Groups of affected persons and relevant requirements

cls 4, 7(1)

Schedule 2: replaced, at 11.59 pm on 6 September 2020, by clause 5 of the COVID-19 Public Health Response (Required Testing) Amendment Order 2020 (LI 2020/242).

ItemGroupTesting centreDeadline or period
Part 1: Groups in relation to managed quarantine facilities
1.1Workers at managed quarantine facilityCommunity testing centre or testing centre at quarantine facilityOnce every 7 days starting on 7 September 2020
1.2Workers who transport to or from managed quarantine facility persons required to be in isolation or quarantine under COVID-19 orderCommunity testing centre or testing centre at quarantine facilityOnce every 7 days starting on 7 September 2020
Part 2: Groups in relation to managed isolation facilities
2.1Workers at managed isolation facilityCommunity testing centre or testing centre at isolation facilityOnce every 14 days starting on 7 September 2020
2.2Workers who transport to or from managed isolation facility persons required to be in isolation or quarantine under COVID-19 orderCommunity testing centre or testing centre at isolation facilityOnce every 14 days starting on 7 September 2020
Part 3: Groups in relation to affected airports
3.1Airside government officials (other than excluded airside persons), including (without limitation) personnel from Immigration New Zealand, New Zealand Customs Service, Aviation Security Service, or Ministry for Primary IndustriesCommunity testing centre or testing centre at affected airportOnce every 14 days starting on 7 September 2020
3.2Airside district health board workers (other than excluded airside persons)Community testing centre or testing centre at affected airportOnce every 14 days starting on 7 September 2020
3.3Airside retail, food, and beverage workers (other than excluded airside persons)Community testing centre or testing centre at affected airportOnce every 14 days starting on 7 September 2020
3.4Airside workers (other than excluded airside persons) handling baggage trolleys used by international arriving or international transiting passengersCommunity testing centre or testing centre at affected airportOnce every 14 days starting on 7 September 2020
3.5Airside airline workers (other than excluded airside persons) who interact with passengersCommunity testing centre or testing centre at affected airportOnce every 14 days starting on 7 September 2020
3.6Airside airport workers (other than excluded airside persons) who interact with passengersCommunity testing centre or testing centre at affected airportOnce every 14 days starting on 7 September 2020
3.7Airside cleaning workers (other than excluded airside persons)Community testing centre or testing centre at affected airportOnce every 14 days starting on 7 September 2020
Part 4: Groups in relation to affected ports
4.1Pilots (other than excluded port persons) carrying out work on or around affected shipCommunity testing centre or testing centre at affected portOnce every 14 days starting on 7 September 2020
4.2Stevedores (other than excluded port persons) carrying out work on or around affected shipCommunity testing centre or testing centre at affected portOnce every 14 days starting on 7 September 2020
4.3Persons (other than excluded port persons) who board, or have boarded, affected shipCommunity testing centre or testing centre at affected portOnce every 14 days starting on 7 September 2020
4.4Workers who transport persons to or from affected shipCommunity testing centre or testing centre at affected portOnce every 14 days starting on 7 September 2020
Part 5: Aircrew members
5.1Aircrew memberCommunity testing centre or testing centre at airportOnce every 7 days starting on 19 October 2020

Schedule 2 Part 5: inserted, at 11.59 pm on 4 October 2020, by clause 24 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Dated at Wellington this 27th day of August 2020.

Hon Chris Hipkins,
Minister of Health.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 August 2020.

Reprints notes
1 General

This is a reprint of the COVID-19 Public Health Response (Required Testing) Order 2020 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273): Part 3

COVID-19 Public Health Response (Required Testing) Amendment Order (No 2) 2020 (LI 2020/246)

COVID-19 Public Health Response (Required Testing) Amendment Order 2020 (LI 2020/242)