COVID-19 Public Health Response Amendment Bill (No 2)

  • enacted
22 New subpart 3B of Part 2 inserted

After section 32I, insert:

Subpart 3B—Management of MIQFs and other places of isolation or quarantine

Management of allocations

32J Interpretation

In this subpart, unless the context otherwise requires,—

confirmed allocation means a confirmed allocation issued under the managed isolation allocation system to an MIQF

managed isolation allocation system means a managed isolation allocation system operated by or on behalf of the New Zealand Government

offline allocation means an allocation in the managed isolation allocation system than that is not an online allocation

online allocation means an allocation obtained by registering on the managed isolation allocation system online portal and obtaining a voucher

New Zealander means a person who is a New Zealand citizen or residence class visa holder.

32K Chief executive responsible for operation of managed isolation allocation system

(1)

The chief executive is responsible for the operation of the managed isolation allocation system.

(2)

The chief executive must ensure that the managed isolation allocation system does not at any time permit the issue of more confirmed allocations than the number of available allocations.

32L Apportionment between allocations

The Minister must determine the apportionment between the issue of online allocations and offline allocations.

32M Online allocations

(1)

Online allocations to MIQFs may be issued on a basis that the Minister decides.

(2)

In making a decision under subsection (1), the Minister must take into account—

(a)

the right of New Zealanders under section 18(2) of the New Zealand Bill of Rights Act 1990 to enter New Zealand; and

(b)

the need to mitigate, so far as possible, the social, economic, and other impacts of COVID-19.

(3)

The basis on which online allocations to MIQFs are issued may—

(a)

distinguish between different classes of persons entering New Zealand (for example, between New Zealanders and non-New Zealanders); and

(b)

prioritise allocations as between different classes of persons; and

(c)

reserve for a particular class, or any classes, of persons a specific proportion of allocations.

32N Offline allocations for individuals and groups

(1)

Offline allocations to MIQFs may be issued to persons who meet the eligibility criteria determined by the Minister.

(2)

An offline allocation may be—

(a)

an individual offline allocation:

(b)

a group offline allocation.

(2A)

In determining the eligibility criteria under subsection (1), the Minister must take into account

(a)

the right of New Zealanders under section 18(2) of the New Zealand Bill of Rights Act 1990 to enter New Zealand; and

(b)

the need to mitigate, as far as possible, the social, economic, and other impacts of COVID-19.

(3)

The chief executive must determine individual offline allocations on the basis of the eligibility criteria determined under subsection (1) for those allocations.

(4)

The Minister must determine group offline allocations on the basis of the eligibility criteria determined under subsection (1) for those allocations.

(5)

The chief executive must publish on the responsible agency’s Internet site—

(a)

the eligibility criteria determined under subsection (1) for individual offline allocations and group offline allocations; and

(b)

approved group offline allocations.

32O Amendment and cancellation of allocations

The chief executive may at any time—

(a)

amend an online or offline allocation issued to any person (for example, if the starting date for isolation specified in an offline allocation issued to an individual is required to be changed because of a travel delay):

(b)

cancel an online or offline allocation issued to any person (for example, if the person no longer requires the allocation, or can no longer use the allocation because of a cancelled flight).

Provisions relating to MIQFs or other places of isolation or quarantine

32P Restrictions on movement within MIQFs or other places of isolation or quarantine

(1)

A person required under a COVID-19 order to reside for any period in an MIQF or other place of isolation or quarantine must remain in their room, except—

(a)

to do an activity (such as taking fresh air) authorised, and subject to any conditions imposed, by the chief executive; or

(b)

if they need to leave to preserve or protect their own or another person’s life, health, or safety in an emergency; or

(c)

to attend any court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution; or

(d)

if the chief executive is satisfied, on the basis of the advice of a suitably qualified health practitioner, that the person needs to leave—

(i)

to access medical services; or

(ii)

to move to another place of isolation or quarantine (for example, for temporary or emergency care while the person is sick); or

(e)

if they are required to leave under Part 4 of the Health Act 1956; or

(f)

if they are required to move to another place of isolation or quarantine by—

(i)

a court order; or

(ii)

any other obligation imposed under an enactment that is related to the detention of the person (for example, a direction of the New Zealand Parole Board or a probation officer); or

(g)

otherwise as permitted under a COVID-19 order.

(2)

However, a person leaving their MIQF or other place of isolation or quarantine under this section must comply with any directions of, or conditions imposed by, the chief executive.

(3)

The chief executive may choose not to exercise their power under subsection (1)(a) on any of the following grounds:

(a)

it is necessary to prevent the risk or spread of COVID-19 and the chief executive has consulted the Director-General:

(b)

to ensure the health and safety of workers and returnees in an MIQF or other place of isolation or quarantine:

(c)

to ensure the security of an MIQF or other place of isolation or quarantine.

(4)

In deciding whether to restrict a person to their room in an MIQF or other place of isolation or quarantine, the chief executive may have regard to the operational and resourcing implications of the decision for the MIQF or other place of isolation and quarantine.

(4)

In deciding whether to choose not to exercise their power under subsection (1)(a), the chief executive

(a)

must consider the impact on the person’s rights and freedoms under the New Zealand Bill of Rights Act 1990; and

(b)

may have regard to the operational and resourcing implications of the decision.

(5)

A person who intentionally fails to comply with subsection (1) or (2) commits an offence and is liable on conviction to—

(a)

imprisonment for a term not exceeding 6 months; or

(b)

a fine not exceeding,

(i)

for an individual, $12,000; or

(ii)

for any other person, $15,000.

(b)

a fine not exceeding $12,000.

(6)

A failure to comply with subsection (1) or (2) is an infringement offence.

32Q Chief executive may make rules

(1)

The chief executive may make rules for the purpose of ensuring the effective and orderly operation of MIQFs, including (without limitation) rules—

(a)

prohibiting or restricting (with or without conditions) the things (including alcohol, goods, and other items) that can be brought into, sent out of, or removed from an MIQF:

(b)

restricting or prohibiting (with or without conditions) specified behaviour of persons within, or going to or from, an MIQF:

(c)

specifying that a breach of a rule is a particular class of infringement offence (with the corresponding penalties) for the purposes of regulations made under section 33(1)(b).

(2)

The chief executive must be satisfied that the rules do not limit or are a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990.

(3)

Rules made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

32R Power to seize and hold things

(1)

The chief executive may seize and hold anything that a person in isolation or quarantine in an MIQF possesses in the MIQF, or attempts to bring into the MIQF, in breach of rules made under section 32Q (for example, alcohol in excess of limits specified in the rules).

(2)

The chief executive may seize and hold anything being delivered to a person staying in isolation or quarantine in an MIQF if the chief executive has reasonable grounds to believe the thing being delivered is not permitted under the rules.

(3)

Anything held by the chief executive under this section may be held only for the duration of the person’s stay in isolation or quarantine in the MIQF.

Complaints process

32S Complaints process relating to management of MIQFs

(1)

The chief executive must establish a complaints process that provides for the responsible agency to receive and investigate complaints from affected individuals about—

(a)

the operation and day-to-day running of an MIQF; or

(b)

exemptions from any requirement to remain in an MIQF; or

(c)

prescribed charges for MIQF costs; or

(d)

MIQF allocations; or

(e)

the managed isolation allocation system; or

(f)

managed isolation and quarantine.

(2)

The chief executive must ensure that, as far as practicable, the process enables complaints to be dealt with fairly, efficiently, and effectively.

(3)

The chief executive must ensure that the complaints process is publicly available, by publishing details of the complaints process on the responsible agency’s Internet site or in some other manner accessible to the public free of charge.

Information collection

32T Persons in respect of whom charges are payable to provide contact details

(1)

A person in respect of whom charges are payable under section 32E must provide the responsible agency with the following contact information about the person liable to pay the prescribed charges for MIQF costs for the purpose of invoicing prescribed charges for MIQF costs those charges:

(a)

their full name as it appears on their passport (as it appears on their passport, if the person liable to pay is an individual):

(b)

a phone number on which they can be contacted:

(c)

an email address at which they can be contacted:

(d)

their contact address.

(2)

If the person’s contact details change before they pay their prescribed charges, they must update those details as soon as practicable.

(2)

If the contact information required by subsection (1) changes before the prescribed charges are paid, the person responsible must provide those updated details as soon as practicable to the responsible agency.

(3)

A failure to comply with subsection (1) or (2) is an infringement offence.