COVID-19 Public Health Response Act 2020

11AA Requirements for making COVID-19 orders under section 11AB

(1)

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

(a)

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

(b)

the Minister—

(i)

must have consulted the Prime Minister, the Minister for COVID-19 Response, the Minister of Justice, and the Minister of Health; and

(ii)

may have consulted any other Minister as the Minister thinks fit; and

(c)

before making the order, the Minister—

(i)

may consult the Director-General; and

(ii)

must be satisfied that the order is in the public interest and is appropriate to achieve the purpose of this Act.

(2)

For the purposes of subsection (1)(c)(ii), public interest includes (without limitation)—

(a)

ensuring continuity of services that are essential for public safety, national defence, or crisis response:

(b)

supporting the continued provision of lifeline utilities or other essential services:

(c)

maintaining trust in public services:

(d)

maintaining access to overseas markets.

Section 11AA: inserted, on 26 November 2021, by section 7 of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).