12 General provisions relating to COVID-19 orders

(1)

A COVID-19 order may—

(a)

impose different measures, including requirements, restrictions, directions, and conditions, for different circumstances and different classes of persons, places, premises, craft, vehicles, or other things:

(b)

apply,—

(i)

in relation to persons, generally to all persons in New Zealand or to any person or specified class of persons in New Zealand:

(ii)

in relation to places, premises, craft, vehicles, or other things, to any class or to all of them:

(iii)

in relation to anything else,—

(A)

generally throughout New Zealand:

(B)

in any area, however described:

(c)

provide that any provision of a COVID-19 order (even if the provision is beneficial) does not apply in any specified circumstances, in any specified way, or to any specified persons, places, premises, craft, vehicles, or other things, or to any specified class of persons, places, premises, craft, vehicles, or other things:

(d)

authorise the Director-General or the chief executive, subject to any criteria or conditions specified in the order, to do any of the following things by written notice:

(i)

specify, determine, designate, define, or approve any matters, impose conditions, or give directions, required for the operation of a provision of a COVID-19 order, including matters that affect or determine the application, operation, or scope of a provision:

(ii)

determine that any provision of a COVID-19 order (even if the provision is beneficial) does not apply in any specified circumstances, in any specified way, or to any specified persons, places, premises, craft, vehicles, or other things, or to any specified class of persons, places, premises, craft, vehicles, or other things:

(e)

if any thing can be prohibited under section 11, permit that thing but only subject to specified conditions.

(2)

However, a COVID-19 order—

(a)

may not apply only to a specific individual:

(b)

if made by the Director-General, may apply only within the boundaries described under section 10(a):

(c)

may not be made under section 11(1)(e)(i) in relation to—

(i)

any premises that are, or any part of any premises that is, used solely as a private dwellinghouse:

(ii)

any premises that are, or are part of, a prison (within the meaning of section 3(1) of the Corrections Act 2004):

(d)

may not be made under section 11(1)(e)(i) or (iii) in relation to—

(i)

any premises within the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000):

(ii)

any premises whose principal or only use is as a courtroom or Judge’s chambers or a court registry.

(3)

If a COVID-19 order or a notice referred to in subsection (1)(d) disapplies a provision or requirement of an order, subject to compliance with a stated condition, a person who breaches the condition must be treated as breaching that provision or requirement.

(4)

For the purposes of subsection (1)(c) and (d), it does not matter how the disapplication of a provision of a COVID-19 order is expressed (for example, it may be expressed as an exemption, an exclusion, or an authority to do something that is otherwise prohibited by the order).

Section 12: replaced, on 20 November 2021, by section 9 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).