COVID-19 Public Health Response (Air Border) Order (No 2) 2020

Reprint as at 4 October 2020

Coat of Arms of New Zealand

COVID-19 Public Health Response (Air Border) Order (No 2) 2020

(LI 2020/239)

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 sections 11 and 15(1) 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 (Air Border) Order (No 2) 2020.

2 Commencement

This order comes into force at 11.59 pm on 6 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 by imposing certain requirements on persons arriving in New Zealand by air (including medical examination and testing for COVID-19, and commencement of isolation or quarantining, as soon as practicable after arriving in New Zealand).

4 Interpretation

(1)

In this order, unless the context otherwise requires,—

aircrew member

(a)

means a person who is identified as a crew member on the crew manifest for the aircraft on which they arrive in New Zealand; but

(b)

in clause 11A(4)(e), means a person who is identified as a crew member on the crew manifest for the aircraft on which they are to depart a country outside New Zealand

airport has the meaning given by subclause (2)

airside, of an airport, means any part of the airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers

airside condition has the meaning given by clause 8A

fellow traveller, of any person arriving in New Zealand, means,—

(a)

if the person is an aircrew member, an aircrew member arriving in New Zealand on the same aircraft; or

(b)

in any other case, anyone who accompanied the person on the journey to New Zealand

health protection officer has the meaning given by section 2(1) of the Health Act 1956

higher-risk route means a route of travel that is designated in accordance with clause 8C

medical examination and testing means examination or testing that involves only 1 or more of the following:

(a)

taking temperatures:

(b)

seeking and obtaining information about symptoms:

(c)

carrying out chest auscultation:

(d)

taking nose swabs or mouth swabs (or both)

overseas airside condition has the meaning given by clause 8B

physical distancing, from other persons, means remaining at least 2 metres away from them

place of isolation or quarantine, for a person, has the meaning given by the Isolation and Quarantine Order.

(2)

A reference in this order to an airport that is in New Zealand is a reference to a security designated aerodrome within the meaning of section 2(1) of the Civil Aviation Act 1990.

Clause 4(1) aircrew member: replaced, at 11.59 pm on 4 October 2020, by clause 4(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) airport: inserted, at 11.59 pm on 4 October 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) airside: inserted, at 11.59 pm on 4 October 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) airside condition: inserted, at 11.59 pm on 4 October 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) fellow traveller: replaced, at 11.59 pm on 4 October 2020, by clause 4(3) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) higher-risk route: inserted, at 11.59 pm on 4 October 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) overseas airside condition: inserted, at 11.59 pm on 4 October 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) security designated aerodrome: revoked, at 11.59 pm on 4 October 2020, by clause 4(4) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

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

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 Immunities of foreign military aircraft and crew unaffected

Nothing in this order limits or affects the immunities of any foreign military aircraft or its crew.

Part 2 Obligations on air arrivals

8 Obligations on persons arriving in New Zealand by air

(1)

A person who arrives in New Zealand by air must comply with this clause.

(2)

The person must report for and undergo medical examination and testing for COVID-19, as soon as practicable after their arrival, at the airport at which they arrive.

(3)

The person must be isolated or quarantined (commencing as soon as practicable after arriving in New Zealand) in accordance with the Isolation and Quarantine Order, subject to any IQ exemption applying in relation to the person.

(4)

Throughout the period while the person is at the airport and travelling from the airport to their place of isolation or quarantine, they must,—

(a)

to the greatest extent practicable, maintain physical distancing from all other persons (other than fellow travellers); and

(b)

wear personal protective equipment as directed by a medical officer of health or a health protection officer.

(5)

In this clause, IQ exemption means an exemption under the Isolation and Quarantine Order.

Clause 8(2): amended, at 11.59 pm on 4 October 2020, by clause 5(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 8(3): amended, at 11.59 pm on 20 September 2020, by clause 4(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Clause 8(4): amended, at 11.59 pm on 4 October 2020, by clause 5(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 8(5): inserted, at 11.59 pm on 20 September 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Part 3 Exemptions

Airside conditions

Heading: inserted, at 11.59 pm on 4 October 2020, by clause 6 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

8A Airside condition

For the purposes of this Part, a person who arrives in New Zealand by air meets the airside condition if, until they depart New Zealand, they remain on the airside of—

(a)

the airport at which they arrive in New Zealand; and

(b)

any other airport through which they transit.

Clause 8A: inserted, at 11.59 pm on 4 October 2020, by clause 6 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

8B Overseas airside condition

For the purposes of this Part, a person who arrives in a country outside New Zealand by air meets the overseas airside condition if, until they depart the country, they remain on the airside of—

(a)

the airport at which they arrive in that country; and

(b)

any other airport through which they transit in that country.

Clause 8B: inserted, at 11.59 pm on 4 October 2020, by clause 6 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Designation of higher-risk routes

Heading: inserted, at 11.59 pm on 4 October 2020, by clause 6 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

8C Designation of higher-risk routes

(1)

For the purposes of this Part, the Director-General may, by notice published and notified in accordance with this clause, designate a route of travel between a place outside New Zealand and another place (in or outside New Zealand) as a higher-risk route.

(2)

The notice 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.

Clause 8C: inserted, at 11.59 pm on 4 October 2020, by clause 6 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Exemptions

Heading: inserted, at 11.59 pm on 4 October 2020, by clause 6 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

9 Transit passengers

(1)

Any transit passenger is exempt from clause 8, except for a transit passenger who is given permission to enter New Zealand in accordance with section 89(2) or 91 of the Immigration Act 2009.

(2)

In this clause, transit passenger has the meaning given by section 4 of the Immigration Act 2009.

10 Diplomatic and consular officials, and New Zealand Defence Force

The following persons arriving by air in New Zealand are exempt from clause 8:

(a)

any person who is entitled to any immunity from jurisdiction by or under—

(ii)

any order under either of those Acts:

(b)

any person who is a member of the New Zealand Defence Force and returning from service outside New Zealand.

Clause 10(b): amended, at 11.59 pm on 4 October 2020, by clause 7 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

11 Aircrew members who meet airside condition

Any aircrew member arriving in New Zealand by air who meets the airside condition is exempt from clause 8.

Clause 11: replaced, at 11.59 pm on 4 October 2020, by clause 8 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

11A Aircrew members who do not meet airside condition
Exemption generally if ordinarily resident

(1)

Any aircrew member arriving in New Zealand by air who does not meet the airside condition, but is ordinarily resident in New Zealand, is exempt from clause 8(3).

Exception: higher-risk route

(2)

However, they are not exempt from clause 8(3) if they have travelled on a higher-risk route within the 7 days immediately before that arrival.

Exception: failure to meet key safety standards

(3)

They are also not exempt from clause 8(3) if a medical officer of health determines (on the basis of information brought to that officer’s attention) that there are reasonable grounds to believe that, within the 7 days immediately before that arrival and while outside New Zealand, the aircrew member has failed to meet 1 or more of the key safety standards.

(4)

An aircrew member meets the key safety standards if, while outside New Zealand, they—

(a)

wear personal protective equipment at all times (to the greatest extent practicable)—

(i)

while working in a role involving direct interaction with aircraft passengers; or

(ii)

while in any place other than on an aircraft or in a specified room at any accommodation where the aircrew member is staying; and

(b)

maintain physical distancing from all other persons (to the greatest extent practicable) other than—

(i)

persons on an aircraft on which the crew member is working; or

(ii)

fellow crew members of the aircrew member; and

(c)

meet the overseas airside condition after arriving in a country outside New Zealand if—

(i)

not staying in any accommodation before departing the country; or

(ii)

staying in any accommodation on the airside of an airport before departing the country; and

(d)

travel as directly as practicable to any accommodation where they are staying; and

(e)

meet the self-isolation standards at that accommodation until they are required to travel from it to carry out their duties as an aircrew member.

(5)

An aircrew member meets the self-isolation standards if—

(a)

they do not leave their allocated room at any accommodation where they are staying except—

(i)

to preserve or protect their own or another person’s life, health, or safety in an emergency; or

(ii)

to access medical services; or

(iii)

to visit a specified room at that accommodation; and

(b)

they do not permit any other persons to enter their allocated room except—

(i)

for medical, emergency, or law enforcement purposes; or

(ii)

fellow crew members of the aircrew member.

(6)

In this clause,—

fellow crew member, of an aircrew member in a country outside New Zealand, means a person who is identified (along with the aircrew member) as being a crew member on the crew manifest for the aircraft on which both arrive in that country

specified room, at the accommodation where an aircrew member is staying, means—

(a)

the aircrew member’s allocated room at the accommodation; or

(b)

the allocated room, at the accommodation, of a fellow crew member of the aircrew member.

Clause 11A: inserted, at 11.59 pm on 4 October 2020, by clause 8 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

11B Medical attendants who meet airside condition

The following persons arriving by air in New Zealand are exempt from clause 8 if they meet the airside condition:

(a)

any person assisting, as a medical attendant, with a medical air transfer to New Zealand:

(b)

any person arriving in New Zealand to assist, as a medical attendant, with a medical transfer from New Zealand.

Clause 11B: inserted, at 11.59 pm on 4 October 2020, by clause 8 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

12 Crew of ship

(1)

Any person arriving by air in New Zealand who is a member of the crew of a ship is exempt from clause 8, subject to the following conditions:

(a)

immediately after leaving the airport at which the person arrives in New Zealand, the person must travel (whether by air or by any other form or forms of transport) to and then board the ship; and

(b)

the ship must be scheduled to depart from New Zealand as soon as is reasonably practicable after the person boards the ship.

(2)

In this clause, crew, depart from New Zealand, and ship have the meanings given to them by the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.

Clause 12(1)(a): amended, at 11.59 pm on 4 October 2020, by clause 9 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

13 Designated persons

Any person arriving by air in New Zealand who, immediately before the commencement of this order, was designated by the Director-General as critical to providing services to assist with the response to COVID-19 is exempt from clause 8.

14 Minister may replace exemptions under clauses 11 to 13

(1)

The Minister may make an exemption (a replacement exemption) under clause 15 that applies (with or without conditions) to a person, or class of persons, to whom a specified exemption applies.

(2)

A specified exemption ceases to apply to a person on the commencement of a replacement exemption that applies to the person or to a class of persons to which the person belongs.

(3)

In this clause, specified exemption means an exemption under clause 11, 11A, 11B, 12, or 13.

Clause 14(3): amended, at 11.59 pm on 4 October 2020, by clause 10 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15 Power for Minister to grant exemptions from this order

(1)

The Minister may exempt any person or class of persons from the requirement to comply with any provision of this order or the application of any provision of this order if the Minister 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 giving rise to the exemption.

(2)

The Minister may impose conditions on the exemption as the Minister considers necessary.

(2A)

The Minister must take into account the advice of the Director-General when deciding—

(a)

whether to grant an exemption; and

(b)

what (if any) conditions to impose on an exemption.

(3)

An exemption for any specified person must be notified in writing to the applicant and the exempt person.

(4)

An exemption for any class of persons 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.

Clause 15(1)(b): amended, at 11.59 pm on 20 September 2020, by clause 5(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Clause 15(2A): inserted, at 11.59 pm on 20 September 2020, by clause 5(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Part 4 Revocation and consequential amendments

16 Revocation
17 Consequential amendments to COVID-19 Public Health Response (Alert Level Requirements) Order 2020

(2)

Replace clause 29(q) with:

(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:

(3)

In clause 29, insert as subclause (2):

(2)

In this clause,—

Isolation and Quarantine Order means the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

Maritime Border Order means the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.

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.

Dated at Wellington this 4th day of September 2020.

Hon Chris Hipkins,
Minister of Health.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 September 2020.

Reprints notes
1 General

This is a reprint of the COVID-19 Public Health Response (Air Border) Order (No 2) 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 1

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254): Part 1