COVID-19 Public Health Response Act 2020

9 Requirements for making COVID-19 orders under section 11

(1)

The Minister may make a COVID-19 order under section 11 in accordance with the following provisions:

(a)

the Minister must have had regard to advice from the Director-General about—

(i)

the risks of the outbreak or spread of COVID-19; and

(ii)

the nature and extent of measures (whether voluntary or enforceable) that are appropriate to address those risks; and

(b)

the Minister may have had regard to any decision by the Government on the level of public health measures appropriate to respond to those risks and avoid, mitigate, or remedy the effects of the outbreak or spread of COVID-19 (which decision may have taken into account any social, economic, or other factors); and

(ba)

the Minister must be satisfied that the order does not limit or is a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990; and

(c)

the Minister—

(i)

must have consulted the Prime Minister, the Minister of Justice, and the Minister of Health; and

(ii)

may have consulted any other Minister that the Minister (as defined in this Act) thinks fit; and

(d)

before making the order, the Minister must be satisfied that the order is appropriate to achieve the purpose of this Act.

(2)

Nothing in this section requires the Minister to receive specific advice from the Director-General about the content of a proposed order or proposal to amend, extend, or revoke an order.

Section 9 heading: replaced, on 26 November 2021, by section 5(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 9(1): amended, on 26 November 2021, by section 5(2) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 9(1): amended, on 6 August 2020, by section 10 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 9(1)(ba): inserted, on 6 August 2020, by section 6 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 9(1)(c): replaced, on 8 December 2020, by section 5 of the COVID-19 Public Health Response Amendment Act (No 2) 2020 (2020 No 64).