COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2020

2020/258

Coat of Arms of New Zealand

COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 21st day of September 2020

Present:
The Right Hon Jacinda Ardern presiding in Council

This order is made under section 42 of the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020

(a)

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

(b)

on the joint recommendation of the Minister of Finance and the Minister of Commerce and Consumer Affairs, made in accordance with section 42(6) to (8) of that Act.

Order

1 Title

This order is the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Extension) Order 2020.

2 Commencement

This order comes into force on 30 November 2020.

4 Four-month extensions relating to sections 10, 13, 26, and 30 of Act

The following are extended for a further period that starts on 1 December 2020 and ends on the close of 31 March 2021:

(a)

in relation to all entities, the application of each of sections 10 and 13 of the Act:

(b)

all powers to grant exemptions under section 26 of the Act:

(c)

the power to grant relief under section 30 of the Act.

5 Revocation

This order is revoked on 1 April 2021.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 30 November 2020 and is revoked on 1 April 2021, extends the application of sections 10 and 13 of the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 (the Act), and the powers under sections 26 and 30 of the Act, until the close of 31 March 2021.

Statement of reasons

The Minister of Finance and the Minister of Commerce and Consumer Affairs are satisfied that this order is necessary and desirable to address the effects of COVID-19, and that the period of each extension is no longer than is reasonably necessary to address the matters that gave rise to it, because the harm that the Act addresses is the impact of lockdowns on the ability of entities to conduct their business, and it is uncertain how long the risk of lockdowns will exist. Accordingly,—

  • an extension to the application of sections 10 and 13 would enable entities to continue to govern themselves during any lockdowns with confidence that their decisions will not be compromised by any procedural adjustments made reasonably necessary by the outbreak of COVID-19 and allowed under those sections:

  • an extension to the exemption powers under Part 3 of the Act will allow Registrars or relevant Ministers, or the Chief Judge of the Māori Land Court, to continue to grant relief from compliance with certain obligations if the requirements of the Act for granting the exemption are met.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 24 September 2020.

This order is administered by the Ministry of Business, Innovation, and Employment.