5 Interpretation

(1)

In this Act, unless the context otherwise requires,—

affected worker means a worker who is employed or engaged by a PCBU to carry out specified work

authorised enforcement person means a person authorised under section 18

authorised person, in relation to COVID-19 vaccinations, means a person who is authorised by a COVID-19 order to carry out work despite being unvaccinated

chief executive means the chief executive of the responsible agency

Commissioner has the meaning given to it by section 4 of the Policing Act 2008

constable has the meaning given to it by section 4 of the Policing Act 2008

COVID-19 order means an order made under section 11 or 11AB (as may be amended or extended from time to time under section 15)

COVID-19 vaccination authorisation, in relation to a person, means an authorisation granted to the person under a COVID-19 order to carry out specified work despite being unvaccinated

COVID-19 vaccination certificate means a certificate that is issued to a person in accordance with a COVID-19 order made under section 11 certifying that the person is—

(a)

vaccinated; or

(b)

an exempt person

COVID-19 vaccination exemption, in relation to a person, means a COVID-19 vaccination exemption granted to the person under a COVID-19 order on the ground that the person meets the specified COVID-19 vaccination exemption criteria

Director-General means the Director-General of Health

district has the meaning given to it by section 5(1) of the Local Government Act 2002

document has the same meaning as in section 4(1) of the Evidence Act 2006

enforcement officer means—

(a)

the Director-General:

(b)

a medical officer of health:

(c)

a constable:

(d)

in relation to any function or power, a person authorised to perform that function or power under section 18 or a person in a class of persons authorised to perform that function or power under section 18

exempt person means a person who has been granted a COVID-19 vaccination exemption

infringement fee, in relation to an infringement offence, means the infringement fee for the offence specified in section 26(4)(a) or prescribed by regulations

infringement offence means an infringement offence against section 26(3)

managed isolation or quarantine facility or MIQF means a facility that is designated by the New Zealand Government for use as a place of isolation or quarantine

Minister means,—

(a)

for the purposes of sections 11AA, 11AB, and 33AA,—

(i)

the Minister for Workplace Relations and Safety; or

(ii)

the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of those sections:

(b)

for the purposes of any other section,—

(i)

the Minister for COVID-19 Response; or

(ii)

the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

MIQF costs means costs incurred by the New Zealand Government in respect of persons staying at MIQFs

New Zealand includes all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)

other place of isolation or quarantine means a place of isolation or quarantine designated under a COVID-19 order that is not an MIQF

PCBU has the meaning given to it by section 17 of the Health and Safety at Work Act 2015

Police uniform has the meaning given to it by section 4 of the Policing Act 2008

premises includes any commercial premises and private premises

prescribed charge means a charge prescribed by regulations made under section 33A

public place has the meaning given to it by section 2(1) of the Summary Offences Act 1981

representative has the same meaning as in section 16 of the Health and Safety at Work Act 2015

responsible agency means the department of the public service or agency or entity that, with the authority of the Prime Minister, is responsible for the administration of MIQFs

road has the meaning given to it by section 35(2) of the Policing Act 2008

room, in relation to an MIQF, other place of isolation or quarantine, or a place of self-isolation or quarantine, means the area allocated to a person for the purpose of undertaking isolation or quarantine, including 1 or more rooms and any outdoor space such as a garden or balcony

specified COVID-19 vaccination exemption criteria means the criteria for determining whether a person may be granted a COVID-19 vaccination exemption that the Director-General specifies in a notice made under subsection (3)(a)

specified work means work, or classes of work, specified in a COVID-19 order made under section 11AB

territorial authority has the meaning given to it by section 5(1) of the Local Government Act 2002

vaccinated, in relation to a person, means the person has received all the required doses of a COVID-19 vaccine or combination of COVID-19 vaccines that—

(a)

the Minister or Director-General specifies in a COVID-19 order:

(b)

the Director-General specifies in a notice made under subsection (3)(b)

worker has the meaning given to it by section 19 of the Health and Safety at Work Act 2015

workplace has the meaning given to it by section 20 of the Health and Safety at Work Act 2015.

(2)

Terms and expressions used and not defined in this Act, but defined in the Health Act 1956, have the same meanings as in the Health Act 1956.

(3)

The Director-General may make a notice specifying (for the purposes of all or any legislation in, or made under, this Act)—

(a)

COVID-19 vaccination exemption criteria:

(b)

for the purposes of a COVID-19 vaccination, the required doses for each COVID-19 vaccine or combination of COVID-19 vaccines.

(4)

A notice made under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in accordance with the Legislation (Publication) Regulations 2021LA19 s 74(1)(aa)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114
DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116
This note is not part of the Act.

Section 5(1) affected worker: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) authorised enforcement person: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) authorised person: replaced, on 26 November 2021, by section 4(2) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) chief executive: inserted, on 20 November 2021, by section 5(2) of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 5(1) COVID-19 order: inserted, on 6 August 2020, by section 5(1) of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 5(1) COVID-19 order: amended, on 26 November 2021, by section 4(3) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) COVID-19 vaccination authorisation: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) COVID-19 vaccination certificate: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) COVID-19 vaccination exemption: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) document: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) exempt person: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) infringement fee: inserted, on 4 December 2021, by section 5(3) of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 5(1) managed isolation or quarantine facility or MIQF: inserted, on 6 August 2020, by section 5(1) of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 5(1) MBIE: repealed, on 20 November 2021, by section 5(1) of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 5(1) Minister: replaced, on 26 November 2021, by section 4(4) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) MIQF costs: inserted, on 6 August 2020, by section 5(1) of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 5(1) other place of isolation or quarantine: inserted, on 20 November 2021, by section 5(2) of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 5(1) PCBU: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) prescribed charge: inserted, on 6 August 2020, by section 5(1) of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 5(1) relevant Minister: repealed, on 20 November 2021, by section 5(4) of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 5(1) representative: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) responsible agency: inserted, on 20 November 2021, by section 5(2) of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 5(1) room: inserted, on 20 November 2021, by section 5(2) of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 5(1) section 11 order: repealed, on 6 August 2020, by section 5(2) of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 5(1) specified COVID-19 vaccination exemption criteria: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) specified work: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) vaccinated: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) worker: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(1) workplace: inserted, on 26 November 2021, by section 4(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(3): inserted, on 26 November 2021, by section 4(5) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 5(4): inserted, on 26 November 2021, by section 4(5) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).