COVID-19 Public Health Response (Alert Level Requirements) Order 2020

Reprint as at 7 October 2020

Coat of Arms of New Zealand

COVID-19 Public Health Response (Alert Level Requirements) Order 2020

(LI 2020/231)

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.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5How requirements apply to businesses and services
6Transitional, savings, and related provisions
7Application
8Display of QR codes in workplaces
9Display of QR codes on public transport services
9AFace covering requirements on public transport services travelling certain routes [Revoked]
[Revoked]
[Revoked]
10Contact tracing records in workplaces [Revoked]
[Revoked]
11Meaning of 1-metre and 2-metre physical distancing rules [Revoked]
12Application of requirements in clauses 13 to 20 [Revoked]
13Workplaces to have systems and processes in place for physical distancing requirements [Revoked]
14Individuals must comply with physical distancing requirements for workplaces [Revoked]
15Physical distancing requirements for category A businesses and services [Revoked]
16Physical distancing requirements for education entities [Revoked]
17Physical distancing requirements for public transport services [Revoked]
18Physical distancing requirements for controlled-access businesses and services [Revoked]
19Physical distancing requirements for food and drink businesses and services [Revoked]
20Physical distancing requirements for close-proximity businesses and services [Revoked]
[Revoked]
21Number limit for social gathering [Revoked]
22Number limits for social gathering in other areas [Revoked]
23Workers excluded from number [Revoked]
24Individuals must comply with requirements for social gatherings [Revoked]
25Organisers and persons in control of premises must comply with requirements for social gatherings [Revoked]
26Record-keeping requirements to enable contact tracing [Revoked]
[Revoked]
27Face covering requirements on public transport services [Revoked]
28Exemption for emergencies
29Other exemptions from this order
30Power for Director-General to grant exemptions from this order
31Authorisations for funerals and tangihanga [Revoked]
32Revocation of COVID-19 Public Health Response (Alert Levels 3 and 2) Order (No 2) 2020
Gazette Information
Reprint notes

Order

1 Title

This order is the COVID-19 Public Health Response (Alert Level Requirements) Order 2020.

2 Commencement

(1)

This order comes into force at 11.59 pm on 30 August 2020 (except as provided in subclause (2)).

(2)

Clause 9 comes into force at 11.59 pm on 3 September 2020.

Part 1 Preliminary provisions

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 2020/222 cl 3

4 Interpretation

In this order, unless the context otherwise requires,—

businesses and services includes—

(a)

voluntary and not-for-profit services; and

(b)

both public sector and private sector businesses and services; and

(c)

businesses and services that provide space for other businesses and services to operate within (for example, shopping malls and marketplaces); and

(d)

businesses and services that provide facilities or venues for events or activities if people pay to attend the event or participate in the activities or pay to hire the facility or venue; and

(e)

the playing of sports professionally or semi-professionally

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

managers of a private school has the same meaning as in section 10(1) of the Education and Training Act 2020

person in control,—

(a)

in relation to premises (other than a vehicle in use as part of a public transport service),—

(i)

means a person who manages or controls the premises; and

(ii)

includes—

(A)

any occupier of the 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))

premises has the same meaning as in section 2(1) of the Health Act 1956 (which includes any commercial premises, private premises, vehicle, ship, or aircraft)

public transport service has the same meaning as in paragraph (a) of the definition of public transport service in section 5(1) of the Land Transport Management Act 2003, but—

(a)

includes air transport that is available to the public generally; and

(b)

excludes a service that is not available to the public generally, and is operated for the sole or primary purpose of transporting to or from a predetermined event all the passengers carried by the service

QR code means a unique identifying code issued by the New Zealand Government for the purpose of enabling contact tracing

school board has the same meaning as in section 7(1)(d) of the Crown Entities Act 2004

vehicle includes a vessel, train, tram, ship, or aircraft

worker means, in relation to a business or service, 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.

Clause 4: replaced, at 11.59 pm on 7 October 2020, by clause 4 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

5 How requirements apply to businesses and services

(1)

A reference in this order to a requirement applying to a business or service applies that requirement to the person who carries on that business or service.

(2)

A requirement for a particular activity applies to a business or service to the extent that the activity is carried out.

(3)

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 and services must comply with all of the requirements in this order to the extent that they apply to that business or service or its activities.

Compare: LI 2020/222 cl 5

6 Transitional, savings, and related provisions

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

Compare: LI 2020/222 cl 6

7 Application

This order applies to the whole of New Zealand.

Clause 7: replaced, at 11.59 pm on 7 October 2020, by clause 5 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

Part 2 Requirements at all alert levels to prevent outbreak or spread of COVID-19

8 Display of QR codes in workplaces

(1)

A person in control of a workplace must ensure that a copy of a QR code for the workplace is displayed in a prominent place at or near the main entrance of the workplace.

(2)

However, subclause (1) does not apply if the workplace is a vehicle.

(3)

A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.

Compare: LI 2020/222 cl 10

9 Display of QR codes on public transport services

(1)

A person in control of a public transport service must ensure that a copy of a QR code is displayed in a prominent place on or inside any vehicle that is in use as part of that service.

(2)

However, subclause (1) does not apply in relation to a public transport service if all persons using the service are required to supply their contact details in order to use the service.

(3)

In subclause (2), contact details means—

(a)

the name of the person; and

(b)

a telephone number that may be used to easily contact the person.

(4)

A breach of subclause (1), without reasonable excuse, is an infringement offence for the purposes of section 26(3) of the Act.

9A Face covering requirements on public transport services travelling certain routes
[Revoked]

Clause 9A: revoked, at 11.59 pm on 7 October 2020, by clause 6 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

Part 3 Alert level 2 requirements to prevent outbreak or spread of COVID-19

[Revoked]

Part 3: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

Subpart 1—Contact tracing records in workplaces

[Revoked]

Subpart 1: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

10 Contact tracing records in workplaces
[Revoked]

Clause 10: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

Subpart 2—Physical distancing requirements in workplaces

[Revoked]

Subpart 2: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

11 Meaning of 1-metre and 2-metre physical distancing rules
[Revoked]

Clause 11: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

12 Application of requirements in clauses 13 to 20
[Revoked]

Clause 12: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

13 Workplaces to have systems and processes in place for physical distancing requirements
[Revoked]

Clause 13: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

14 Individuals must comply with physical distancing requirements for workplaces
[Revoked]

Clause 14: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

15 Physical distancing requirements for category A businesses and services
[Revoked]

Clause 15: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

16 Physical distancing requirements for education entities
[Revoked]

Clause 16: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

17 Physical distancing requirements for public transport services
[Revoked]

Clause 17: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

18 Physical distancing requirements for controlled-access businesses and services
[Revoked]

Clause 18: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

19 Physical distancing requirements for food and drink businesses and services
[Revoked]

Clause 19: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

20 Physical distancing requirements for close-proximity businesses and services
[Revoked]

Clause 20: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

Subpart 3—Social gatherings

[Revoked]

Subpart 3: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

21 Number limit for social gathering
[Revoked]

Clause 21: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

22 Number limits for social gathering in other areas
[Revoked]

Clause 22: revoked, at 11.59 pm on 21 September 2020, by clause 9 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order 2020 (LI 2020/253).

23 Workers excluded from number
[Revoked]

Clause 23: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

24 Individuals must comply with requirements for social gatherings
[Revoked]

Clause 24: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

25 Organisers and persons in control of premises must comply with requirements for social gatherings
[Revoked]

Clause 25: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

26 Record-keeping requirements to enable contact tracing
[Revoked]

Clause 26: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

Subpart 4—Face coverings on public transport services

[Revoked]

Subpart 4: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

27 Face covering requirements on public transport services
[Revoked]

Clause 27: revoked, at 11.59 pm on 7 October 2020, by clause 7 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 3) 2020 (LI 2020/275).

Part 4 Exemptions and authorisations

28 Exemption for emergencies

Nothing in this order prevents any person from assisting in, or responding to, an emergency.

Compare: LI 2020/222 cl 32

29 Other exemptions from this order

(1)

Nothing in this order applies—

(a)

to border services provided by Immigration New Zealand, the New Zealand Customs Service, Maritime New Zealand, or the Ministry for Primary Industries:

(b)

to the provision of health services:

(c)

to people using a service for 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 to and from school:

(d)

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 as a place of care or treatment for the purposes of the Oranga Tamariki Act 1989:

(e)

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:

(f)

to custodial or detention services managed by the New Zealand Police, the Department of Corrections, or the Ministry of Justice, or within a courthouse:

(g)

to the administration of sentences and orders by the Department of Corrections or on its behalf:

(h)

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:

(i)

to the New Zealand Parole Board:

(j)

to the New Zealand Security Intelligence Service:

(k)

to the Government Communications Security Bureau:

(l)

to the New Zealand Defence Force:

(m)

to the New Zealand Police:

(n)

to Fire and Emergency New Zealand:

(o)

to civil defence emergency management services provided by the National Emergency Management Agency and Civil Defence Emergency Management Groups:

(p)

to workers carrying out any business or service referred to in any of paragraphs (a) to (o):

(q)

to people while they are required to be in isolation or quarantine in accordance with either of the following:

(i)

the Isolation and Quarantine Order:

(ii)

the Maritime Border Order:

(r)

to people who are enforcement officers carrying out their functions and powers under the Act.

(2)

In this clause,—

Compare: LI 2020/222 cl 33

Clause 29(1)(q): replaced, at 11.59 pm on 6 September 2020, by clause 17(2) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (LI 2020/239).

Clause 29(2): inserted, at 11.59 pm on 6 September 2020, by clause 17(3) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (LI 2020/239).

30 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 person, business, or service) from the application of any provision of this order or from the requirement to comply with any provision of this order if the Director-General is 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.

(2)

The Director-General may impose conditions on the exemption as the Director-General considers necessary.

(3)

An exemption 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 or business.

(4)

An exemption for any class of persons, businesses, services, or goods must—

(a)

be published on a publicly accessible Internet site maintained by or on behalf of the New Zealand Government; and

(b)

be notified in the Gazette.

Compare: LI 2020/222 cl 34

31 Authorisations for funerals and tangihanga
[Revoked]

Clause 31: revoked, at 11.59 pm on 23 September 2020, by clause 9 of the COVID-19 Public Health Response (Alert Level Requirements) Amendment Order (No 2) 2020 (LI 2020/257).

Part 5 Revocation

32 Revocation of COVID-19 Public Health Response (Alert Levels 3 and 2) Order (No 2) 2020

Schedule 1 Transitional, savings, and related provisions

cl 6

Part 1 Provisions relating to this order as made

1 Interpretation

In this Part, commencement means the date on which this order commences.

2 Existing exemptions

An exemption granted by the Director-General under clause 34 of the COVID-19 Public Health Response (Alert Levels 3 and 2) Order (No 2) 2020 that is in force immediately before commencement continues in force on and after commencement as if it had been made under clause 30 of this order, and is subject to the same conditions (if any) as applied before commencement.

Dated at Wellington this 28th day of August 2020.

Hon Chris Hipkins,
Minister of Health.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 28 August 2020.

Reprints notes
1 General

This is a reprint of the COVID-19 Public Health Response (Alert Level Requirements) 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/.