COVID-19 Public Health Response Act 2020

11 Orders that can be made under this Act

(1)

The Minister or the Director-General may, in accordance with section 9 or 10 (as the case may be), make an order under this section for 1 or more of the following purposes:

(a)

to require persons to refrain from taking any specified actions or to take any specified actions, or comply with any specified measures, so as to contribute or be likely to contribute to either or both of the following:

(i)

preventing, containing, reducing, controlling, managing, eliminating, or limiting the risk of the outbreak or spread of COVID-19:

(ii)

avoiding, mitigating, or remedying the actual or potential adverse public health effects of the outbreak of COVID-19 (whether direct or indirect):

(b)

by way of example under paragraph (a), requiring persons to do any of the following:

(i)

stay in any specified area, place, or premises or refrain from going to any specified area, place, or premises (including in specified circumstances or unless in compliance with specified measures):

(ia)

permit entry to any specified areas, places, or premises only in specified circumstances or in compliance with specified measures:

(ii)

refrain from associating with specified persons:

(iii)

stay physically distant from any persons in any specified way:

(iv)

refrain from travelling to or from any specified area or place, or refrain from travelling to or from any specified area or place in specified circumstances or unless in compliance with specified measures (for example, refrain from leaving an area unless the person has a COVID-19 vaccination certificate):

(v)

refrain from carrying out specified activities (for example, business activities involving close personal contact) or carry out specified activities only in any specified way or in compliance with specified measures:

(vi)

be isolated or quarantined in any specified place or in any specified way:

(vii)

refrain from participating in gatherings of any specified kind, in any specified place, or in specified circumstances:

(viii)

report for and undergo a medical examination or testing of any kind, and at any place or time, specified and in any specified way or specified circumstances:

(ix)

provide, in specified circumstances or in any specified way, any information necessary for the purpose of contact tracing:

(x)

satisfy any specified criteria before entering New Zealand from a place outside New Zealand, which may include being registered to enter an MIQF on arrival in New Zealand:

(c)

in relation to an MIQF, other place of isolation or quarantine, or a place of self-isolation or quarantine, to require specified actions to be taken, or require compliance with any specified measures, for the purpose of managing the movement of people to, from, and within the MIQF, other place of isolation or quarantine, or place of self-isolation or quarantine, including (without limitation) any of the following:

(i)

giving directions that relate to the movement of people to, from, and within the MIQF, other place of isolation or quarantine, or place of self-isolation or quarantine:

(ii)

imposing restrictions and conditions that relate to the movement of people to, from, and within the MIQF, other place of isolation or quarantine, or place of self-isolation or quarantine:

(iii)

permitting people to leave their rooms in the MIQF, other place of isolation or quarantine, or place of self-isolation or quarantine in accordance with any requirements or conditions specified in the order:

(d)

in relation to any places, premises, craft, vehicles, or other things, to require specified actions to be taken, require compliance with any specified measures, or impose specified prohibitions, so as to contribute or be likely to contribute to either or both of the following:

(i)

preventing, containing, reducing, controlling, managing, eliminating, or limiting the risk of the outbreak or spread of COVID-19:

(ii)

avoiding, mitigating, or remedying the actual or potential adverse public health effects of the outbreak of COVID-19 (whether direct or indirect):

(e)

by way of example under paragraph (d), doing any of the following:

(i)

requiring any places, premises, craft, vehicles, or other things to be closed or only open if specified measures are complied with:

(ii)

prohibiting any craft, vehicles, or other things from entering any port or place, or permitting the entry of any craft, vehicles, or other things into any port or place only if specified measures are complied with:

(iii)

prohibiting gatherings of any specified kind in any specified places or premises, or in any specified circumstances:

(iv)

requiring any places, premises, craft, vehicles, or other things to be isolated, quarantined, or disinfected in any specified way or specified circumstances:

(v)

requiring the testing of any places, premises, craft, vehicles, or other things in any specified way or specified circumstances:

(f)

in relation to laboratories that undertake COVID-19 testing, by—

(i)

setting quality control measures and minimum standards:

(ii)

requiring COVID-19 test results to be reported to the Director-General’s public health national testing repository:

(iii)

managing the supply of testing consumables (such as reagents and swabs) used by the laboratories:

(iv)

providing differently for different classes of testing laboratories (for example, different provisions for laboratories depending on whether they are funded publicly or privately):

(g)

requiring the owner or any person in charge of a specified laboratory that undertakes COVID-19 testing to—

(i)

deliver or use, in accordance with directions given under the order, specified quantities of COVID-19 testing consumables that the Minister considers necessary for the purposes of the public health response to COVID-19:

(ii)

undertake COVID-19 testing solely for the purposes of the public health response to COVID-19 while subject to the order, whether or not the laboratory is contracted by the Crown for that purpose:

(h)

requiring persons to permit individuals to enter a place or receive a service whether or not those individuals are vaccinated, have a COVID-19 vaccination certificate, or are otherwise able to produce evidence of their vaccination status:

(i)

specifying the evidence that may be required to be produced, and the person to whom the evidence may be required to be produced to, to demonstrate compliance with a specified measure (for example, specifying that a COVID-19 vaccination certificate is required to be produced to enter certain premises) and providing for any prohibitions or duties that apply in respect of the use or production of that evidence:

(j)

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

(k)

in relation to COVID-19 vaccination certificates,—

(i)

specifying who is eligible to be issued with a COVID-19 vaccination certificate:

(ii)

specifying how an application for a COVID-19 vaccination certificate must be made, and the information required to accompany that application:

(iii)

providing for the issue, renewal, and extension of COVID-19 vaccination certificates by the Director-General or by the use of automated electronic systems (which certificates are to be treated as if they were issued, renewed, or extended by the Director-General):

(iv)

providing for the form and content of COVID-19 vaccination certificates to be determined by the Director-General:

(v)

specifying the period for which COVID-19 vaccination certificates are valid, or the conditions under which COVID-19 vaccination certificates may expire.

(2)

An order made by the Minister may specify which breaches of an order made by the Minister or the Director-General are infringement offences for the purposes of section 26(3), and may specify that a breach of an order is a particular class of infringement offence (with the corresponding penalties) for the purposes of regulations made under section 33(1)(b).

(3)

For the purposes of this section and section 12, things includes animals, goods, businesses, records, equipment, and supplies.

(4)

All goods prohibited from import under a COVID-19 order are deemed to be included among goods prohibited from import under section 96 of the Customs and Excise Act 2018, and the provisions of that Act apply to those goods accordingly.

(5)

A COVID-19 order made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(6)

If a COVID-19 order authorises the Director-General or chief executive to do anything specified in section 12(1)(d) by notice,—

(a)

the notice is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons or things; and

(b)

the order must contain a statement to that effect.

Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
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.
Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a)
PublicationThe maker must publish it in accordance with the Legislation (Publication) Regulations 2021, unless it is published by PCOLA19 ss 69, 73, 74(1)(aa)
PresentationThe Minister must present it to the House of Representatives, unless it is excluded by section 114(2) of the Legislation Act 2019LA19 s 114
DisallowanceIt may be disallowed by the House of Representatives, unless it is excluded by section 115 of the Legislation Act 2019LA19 ss 115, 116
This note is not part of the Act.

Section 11: replaced, on 20 November 2021, by section 7 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 11(1)(b)(i): replaced, on 26 November 2021, by section 6(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 11(1)(b)(ia): inserted, on 26 November 2021, by section 6(1) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 11(1)(b)(iv): replaced, on 26 November 2021, by section 6(2) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 11(1)(h): inserted, on 26 November 2021, by section 6(3) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 11(1)(i): inserted, on 26 November 2021, by section 6(3) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 11(1)(j): inserted, on 26 November 2021, by section 6(3) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 11(1)(k): inserted, on 26 November 2021, by section 6(3) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Section 11(2): inserted, on 4 December 2021, by section 7 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 11(5): amended, on 26 November 2021, by section 6(4) of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).