COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020

Version as at 20 November 2021

Coat of Arms of New Zealand

COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020

(LI 2020/186)

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of August 2020

Present:
Her Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

These regulations are made under section 33A of the COVID-19 Public Health Response Act 2020—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Housing made after consultation with the Minister of Health and after being satisfied that—

(i)

the prescribed charges relate to managed isolation or quarantine facility (MIQF) costs; and

(ii)

the prescribed charges recover from any class of persons no more than an estimate of the actual and reasonable MIQF costs incurred in relation to that class (including both direct and indirect costs); and

(iii)

there is appropriate provision to grant relief from the payment of the prescribed charges in circumstances where payment of the charges would cause undue financial hardship; and

(iv)

the prescribed charges do not limit or are justified limits on the rights and freedoms in the New Zealand Bill of Rights Act 1990.

Regulations

1 Title

These regulations are the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020.

2 Commencement

These regulations come into force at 12.01 am on 11 August 2020.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

adult is a person who is not a child

charges means the charges prescribed by regulation 7

chief executive has the same meaning as in section 5(1) of the Act

child means a person who, at the time of entering an MIQF, is younger than 18 years of age

claimant has the same meaning as in section 4 of the Immigration Act 2009

excepted person means—

(a)

an exempt person as described in section 32E(2)(a) to (e) of the Act or prescribed by regulation 8; and

(b)

any other person in respect of whom charges are not payable under these regulations

family member, in relation to an excepted person, means a spouse, partner, guardian, or child of that person

fellow resident, of any person (person A), means another person who is isolated or quarantined in the same room as person A

guardian has the same meaning as in the Care of Children Act 2004

immigration instructions has the same meaning as in section 4 of the Immigration Act 2009

ordinarily resident in New Zealand means present in New Zealand for 183 days or more in total in the preceding 12 months (counting presence in New Zealand for part of a day as presence for a whole day)

partner means a civil union partner or de facto partner

protected person has the same meaning as in section 4 of the Immigration Act 2009

refugee has the same meaning as in section 4 of the Immigration Act 2009

spouse of a person means the person’s husband or wife

supporting agency, in relation to an other critical worker, means the employer or other organisation who made the request under immigration instructions for approval in principle for the other critical worker and any spouse, partner, or child of the other critical worker to travel to New Zealand.

(2)

In these regulations, a country or a territory is a quarantine-free travel zone if all persons, or any class of persons, travelling from that country or territory are exempt from the requirement (if any) under a COVID-19 order for persons to be isolated or quarantined on (or as soon as practicable after) arrival in New Zealand.

Regulation 3(1) chief executive: replaced, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Regulation 3(1) immigration instructions: inserted, on 1 January 2021, by regulation 4 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 3(1) supporting agency: inserted, on 1 January 2021, by regulation 4 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 3(2): inserted, on 25 March 2021, by regulation 4 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Who pays charges and how much

5 Charges payable for MIQF costs

These regulations prescribe charges payable for MIQF costs.

6 Persons in respect of whom charges are payable

(1)

The charges are payable by or on behalf of the following persons unless they are an exempt person described in section 32E(2)(a) to (e) of the Act or prescribed by regulation 8:

(a)

a specified person who has arrived in New Zealand from a place outside New Zealand and is required by or under a COVID-19 order to stay at an MIQF:

(b)

a person who has elected to enter an MIQF.

(2)

A specified person is anyone to whom 1 or more of the following applies:

(a)

the person last departed New Zealand on or after 12.01 am on 11 August 2020 and is—

(i)

a New Zealand citizen or residence class visa holder; or

(ii)

an Australian citizen or a person who holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia and who, on the date on which they entered New Zealand, was ordinarily resident in New Zealand:

(b)

the person is visiting New Zealand for a period of less than 180 days and is—

(i)

a New Zealand citizen or residence class visa holder; or

(ii)

an Australian citizen or a person who holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia and who, on the date on which they entered New Zealand, was ordinarily resident in New Zealand:

(c)

the person is, at the time of arrival in New Zealand, a temporary entry class visa holder:

(d)

the person arrived in New Zealand on a border exception as either of the following in accordance with immigration instructions:

(i)

critical health worker:

(ii)

other critical worker.

(3)

The persons described in subclause (2)(a) to (d) are prescribed classes of person for the purposes of section 32E(1)(a)(ii) of the Act.

Regulation 6(2)(b): amended, on 1 June 2021, by regulation 10 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 6(2)(c): replaced, on 25 March 2021, by regulation 5 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 6(2)(c): amended, on 25 May 2021, by section 5 of the COVID-19 Public Health Response (Validation of Managed Isolation and Quarantine Charges) Amendment Act 2021 (2021 No 20).

Regulation 6(2)(d): amended, on 25 May 2021, by section 5 of the COVID-19 Public Health Response (Validation of Managed Isolation and Quarantine Charges) Amendment Act 2021 (2021 No 20).

7 Amount of charges: general

(1)

The charge for the first or only person in a room is—

(a)

$2,760, if the person is a temporary entry class visa holder; or

(b)

$1,610, in any other case.

(2)

The charge for a fellow resident of the first person is,—

(a)

for an adult,—

(i)

$1,495, if the person is a temporary entry class visa holder; or

(ii)

$460, in any other case:

(b)

for a child who is aged 3 years or older at the time they enter the MIQF,—

(i)

$805, if the person is a temporary entry class visa holder; or

(ii)

$230, in any other case.

(3)

A charge is not payable in respect of a child who is aged under 3 years at the time they enter the MIQF if the child is a fellow resident of the first person.

(4)

The chief executive may determine that a lesser charge is payable in respect of a person who stays in an MIQF for less than 7 days. The lesser charge must be calculated on a pro rata basis (rounded up to a number of whole days).

(5)

All adults in a room are jointly and severally liable to pay any charges that apply in respect of themselves and their fellow residents.

(6)

If a child is staying in a room without an adult, the child’s guardians are jointly and severally liable for the charges payable in respect of the child.

(7)

Charges are inclusive of GST.

(8)

In this regulation, the first person in a room is—

(a)

an adult in respect of whom charges are payable under this regulation; or

(b)

if there is no adult of a kind described in paragraph (a), a child.

(8A)

However, the charge is the lesser amount specified in subclause (1), (2)(a), or (2)(b) (as applicable) for a person who—

(a)

is a critical health worker referred to in regulation 6(2)(d)(i) or their fellow resident who is their spouse, partner, or child; or

(b)

is a fellow resident, and is the spouse, partner, guardian, or child of, a New Zealand citizen or residence class visa holder; or

(c)

is a member of—

(i)

the crew of a ship or an aircraft described in item 2, 4, 6, 7, or 8 of Schedule 3 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010:

(ii)

the crew of a cargo ship within the meaning of clause 4 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020:

(iii)

a positioning crew within the meaning of regulation 4(1) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010; or

(d)

has entered New Zealand as a member of a marine crew in accordance with immigration instructions.

(9)

This regulation does not apply in relation to an other critical worker referred to in regulation 6(2)(d)(ii) or any spouse, partner, or child of that worker (for which regulation 7A provides).

Regulation 7 heading: replaced, on 1 January 2021, by regulation 5(1) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 7(1): replaced, on 25 March 2021, by regulation 6(1) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 7(1)(a): amended, on 14 November 2021, by regulation 4(1) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7(1)(b): amended, on 14 November 2021, by regulation 4(2) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7(2): replaced, on 25 March 2021, by regulation 6(1) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 7(2)(a)(i): amended, on 14 November 2021, by regulation 4(3) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7(2)(a)(ii): amended, on 14 November 2021, by regulation 4(4) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7(2)(b)(i): amended, on 14 November 2021, by regulation 4(5) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7(2)(b)(ii): amended, on 14 November 2021, by regulation 4(6) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7(3): amended, on 1 January 2021, by regulation 5(3) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 7(4): amended, on 14 November 2021, by regulation 4(7) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7(8): amended, on 1 January 2021, by regulation 5(4) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 7(8)(a): amended, on 1 January 2021, by regulation 5(5) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 7(8A): inserted, on 25 March 2021, by regulation 6(2) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 7(9): inserted, on 1 January 2021, by regulation 5(6) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

7A Amount of charges: other critical worker and any spouse, partner, or child of other critical worker

(1)

This regulation applies in relation to—

(a)

an other critical worker referred to in regulation 6(2)(d)(ii); and

(b)

any spouse, partner, or child of that worker.

(2)

The charge for the first or only person in a room is $2,760.

(3)

The charge for a fellow resident of the first person is—

(a)

$1,495 for an adult:

(b)

$805 for a child who is aged 3 years or older at the time they enter the MIQF.

(4)

A charge is not payable for a child who is aged under 3 years at the time they enter the MIQF if the child is a fellow resident of the first person.

(5)

The chief executive may determine that a lesser charge is payable in respect of a person who stays in an MIQF for less than 7 days. The lesser charge must be calculated on a pro rata basis (rounded up to a number of whole days).

(6)

An other critical worker’s supporting agency is liable to pay any charges in respect of the other critical worker and any spouse, partner, or child of the other critical worker.

(7)

However, if the other critical worker does not have a supporting agency,—

(a)

all adults in a room are jointly and severally liable for any charges in respect of themselves and their fellow residents; and

(b)

a child’s guardians are jointly and severally liable for any charges payable in respect of a child who is staying in a room without an adult.

(8)

Charges are inclusive of GST.

(9)

In this regulation, the first person in a room is—

(a)

an adult in respect of whom charges are payable under this regulation; or

(b)

if there is no adult of a kind described in paragraph (a), a child.

Regulation 7A: inserted, on 1 January 2021, by regulation 6 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 7A(2): amended, on 14 November 2021, by regulation 5(1) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7A(3)(a): amended, on 14 November 2021, by regulation 5(2) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7A(3)(b): amended, on 14 November 2021, by regulation 5(3) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Regulation 7A(5): amended, on 14 November 2021, by regulation 5(4) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Who is exempt from charges

8 Persons exempt from charges

In addition to the persons specified in section 32E(2)(a) to (e) of the Act, the following persons are exempt from the charges:

(a)

a fellow resident of an excepted person who is a family member of that excepted person, unless—

(i)

the fellow resident is a person described in regulation 6(2)(d); or

(ii)

the excepted person is only an excepted person because they are under 3 years of age:

(b)

a person who has entered New Zealand after, or as part of, a medical air transfer:

(c)

a person who has travelled to New Zealand to receive medical treatment under the New Zealand Medical Treatment Scheme administered by the Ministry of Foreign Affairs and Trade:

(d)

a person who has returned to New Zealand after travelling for medical treatment under the High Cost Treatment Pool scheme administered by the Ministry of Health:

(e)

a New Zealand citizen who is ordinarily resident in the Cook Islands, Niue, or Tokelau and who has entered New Zealand for medical treatment:

(f)

a New Zealand citizen who is ordinarily resident in the Cook Islands, Niue, or Tokelau and who—

(i)

has travelled to New Zealand from another country for the purpose of returning to the Cook Islands, Niue, or Tokelau; and

(ii)

is visiting New Zealand for less than 90 days; and

(iii)

is returning to the Cook Islands, Niue, or Tokelau (as the case may be) for 180 days or more, or, within 180 days of that return, is travelling outside the Cook Islands, Niue, or Tokelau (as the case may be) only as follows:

(A)

travel directly from the Cook Islands, Niue, or Tokelau (as the case may be) to a quarantine-free travel zone; and

(B)

return directly to the Cook Islands, Niue, or Tokelau (as the case may be) from a quarantine-free travel zone:

(g)

a caregiver who has elected to enter an MIQF to care for an excepted person:

(h)

a person who has entered an MIQF after being rescued, or having performed a rescue, at sea:

(i)

a person who has entered New Zealand for the purpose of attending the sentencing of the person convicted of carrying out the attacks on Christchurch mosques on 15 March 2019:

(j)

a claimant, refugee, or protected person who is entering New Zealand for the first time as a claimant, refugee, or protected person:

(k)

a person who is applying for a visa under immigration instructions relating to victims of family violence and who is entering New Zealand under that type of visa for the first time:

(l)

a person who is entering New Zealand for the first time since becoming a returning offender (as defined in section 7 of the Returning Offenders (Management and Information) Act 2015):

(m)

a person who is entering New Zealand after being deported from Australia for the first time:

(n)

a person described in regulation 6(2)(b)(i) or (ii) who—

(i)

within 180 days of arriving in New Zealand, travels outside New Zealand only as follows:

(A)

travel directly from New Zealand to a quarantine-free travel zone; and

(B)

return directly to New Zealand from a quarantine-free travel zone; and

(ii)

is in New Zealand on the 180th day (of their first arrival).

Regulation 8(f)(iii): replaced, on 25 March 2021, by regulation 7(1) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 8(f)(iii): amended, on 1 June 2021, by regulation 11(1) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 8(n): inserted, on 25 March 2021, by regulation 7(2) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 8(n)(i): amended, on 1 June 2021, by regulation 11(2) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 8(n)(ii): amended, on 1 June 2021, by regulation 11(3) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

When charges can be waived

9 Chief executive may waive charges in cases of undue financial hardship

(1)

The chief executive may waive, in whole or in part, the payment of charges payable by a person if the chief executive considers that payment would cause the person undue financial hardship.

(2)

In considering whether to grant a person a waiver under subclause (1), the chief executive may take into account the following:

(a)

the person’s income:

(b)

the person’s outgoings (for example, mortgage or loan repayments):

(c)

the person’s assets:

(d)

the person’s liabilities:

(e)

the person’s reasons for travel.

(3)

Nothing in this regulation applies to charges payable under regulation 7A.

Regulation 9(2)(e): inserted, on 25 March 2021, by regulation 8 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Regulation 9(3): inserted, on 1 January 2021, by regulation 7 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

10 Chief executive may waive charges in other special circumstances

(1)

The chief executive may waive, in whole or in part, the payment of charges payable by a person if the person establishes, to the satisfaction of the chief executive, that a waiver is justified by special circumstances.

(2)

In subclause (1), special circumstances may include, without limitation,—

(a)

where a person described in regulation 6(2)(a) has left New Zealand for the purposes of accompanying back to New Zealand an excepted person who has a condition or disability that means they are unable to travel alone; or

(b)

where a person has travelled to visit a close relative who is seriously ill or dying or to attend a funeral or tangihanga (whether in New Zealand or overseas); or

(c)

where a person has travelled to New Zealand, or returned to New Zealand having travelled overseas, for the purposes of obtaining medical treatment.

(3)

Nothing in this regulation applies to charges payable under regulation 7A.

Regulation 10(3): inserted, on 1 January 2021, by regulation 8 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

10A Minister may waive charges when exemption from requirement to stay at MIQF is suspended

(1)

This regulation applies if—

(a)

a class of persons is exempted by or under a COVID-19 order from a requirement to stay at an MIQF; and

(b)

the exemption is removed by or under a COVID-19 order by any means that has the effect of reinstating the requirement for that class of persons to stay at an MIQF (including, for example, by making the exemption subject to a condition that the class of persons cannot comply with).

(2)

The Minister may waive, in whole or in part, the payment of charges payable by that class of persons if that Minister is satisfied that—

(a)

the removal of the exemption is likely to be temporary; and

(b)

the waiver is appropriate.

(3)

The Minister may impose conditions on the waiver as they consider necessary.

(4)

The waiver must—

(a)

be published on a publicly accessible Internet site maintained by or on behalf of the New Zealand Government; and

(b)

be notified in the Gazette.

Regulation 10A: inserted, on 10 August 2021, by regulation 4 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 2) 2021 (LI 2021/203).

Regulation 10A heading: amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Regulation 10A(2): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Regulation 10A(3): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

10B Minister may waive charges for persons arriving from Australia

(1)

This regulation applies to any class of persons, excluding transit passengers, who arrive in New Zealand from Australia and are required to stay at an MIQF.

(2)

The Minister may waive, in whole or in part, the payment of charges payable by that class of persons if that Minister is satisfied that the waiver is appropriate.

(3)

The Minister may impose conditions on the waiver as they consider necessary.

(4)

The waiver must—

(a)

be published on a publicly accessible Internet site maintained by or on behalf of the New Zealand Government; and

(b)

be notified in the Gazette.

(5)

In subclause (1), transit passenger means a person who arrives in Australia from another country while in transit to New Zealand, not intending to enter or remain in Australia.

Regulation 10B: inserted, on 10 August 2021, by regulation 4 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 2) 2021 (LI 2021/203).

Regulation 10B heading: amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Regulation 10B(2): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Regulation 10B(3): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

How charges are paid

11 When charges payable: general

(1)

On or after the date on which a liable person leaves an MIQF, the chief executive must issue the person with an invoice or a notice that states—

(a)

the amount of charges they are liable to pay; and

(b)

the due date for the charges (which may be no later than 90 days after the date of issue).

(1A)

The chief executive need not issue an invoice or a notice if the amount of charges the person is liable to pay is zero.

(2)

Charges are payable on or before the due date.

(3)

However, the chief executive may agree to defer the time for payment if the chief executive considers that a deferment is appropriate in the circumstances.

(4)

In subclause (1), liable person means a person referred to in regulation 7(5) or (6), as relevant.

Regulation 11 heading: replaced, on 1 January 2021, by regulation 9 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 11(1A): inserted, on 10 August 2021, by regulation 5 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 2) 2021 (LI 2021/203).

11A When charges payable: other critical worker and any spouse, partner, or child of other critical worker

(1)

The chief executive must issue the liable person under regulation 7A with an invoice or notice that states—

(a)

the amount of charges they are liable to pay; and

(b)

the date by which the charges must be paid.

(1A)

The chief executive need not issue an invoice or a notice if the amount of charges the person is liable to pay is zero.

(2)

The chief executive may—

(a)

issue an invoice under subclause (1) before the date on which the other critical worker or any spouse, partner, or child of the other critical worker enters an MIQF; and

(b)

specify that the charges must be paid on or before that date.

(3)

However, the chief executive may agree to defer the time for payment if the chief executive considers that a deferment is appropriate in the circumstances.

(4)

In subclause (1), liable person means the person referred to in regulation 7A(6) or (7), as relevant.

Regulation 11A: inserted, on 1 January 2021, by regulation 10 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Regulation 11A(1A): inserted, on 10 August 2021, by regulation 6 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 2) 2021 (LI 2021/203).

12 How charges must be paid

(1)

The chief executive may allow a person to pay charges by specified instalments over a specified period if the chief executive considers that financial hardship would otherwise result.

(2)

In any other case, charges are payable in a manner determined by the chief executive to be acceptable.

(3)

A determination made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this regulation
PublicationThe maker must publish it on an Internet site maintained by, or on behalf of, the Ministry of Business, Innovation, and EmploymentLA19 ss 73, 74(1)(a), Sch 1 cl 14
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the secondary legislation.

Regulation 12(2): amended, on 28 October 2021, by regulation 112(1) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 12(3): replaced, on 28 October 2021, by regulation 112(2) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

When charges may be refunded

13 Chief executive may refund charges

The chief executive may refund, in whole or in part, charges paid by a person if the chief executive considers that a refund is appropriate in the circumstances.

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

1 Regulations do not apply to persons who entered MIQF before 11 August 2020

These regulations do not apply in respect of a person’s stay at an MIQF if that stay began before 12.01 am on 11 August 2020.

2 Regulations do not apply if flight departed before 11 August 2020

These regulations do not apply in respect of a person’s stay at an MIQF if the person travelled to New Zealand on an aircraft that—

(a)

was scheduled to depart from a place outside New Zealand at or before 12.01 am on 11 August 2020; and

(b)

had no scheduled stopovers before it landed in New Zealand.

Part 2 Provisions relating to COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020

Schedule 1 Part 2: inserted, on 1 January 2021, by regulation 11(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

3 Interpretation

In this Part, amendment regulations means the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020.

Schedule 1 clause 3: inserted, on 1 January 2021, by regulation 11(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

4 Persons who entered MIQF before 1 January 2021

The amendments made by the amendment regulations do not apply in respect of a person’s stay at an MIQF if that stay began before 12.01 am on 1 January 2021.

Schedule 1 clause 4: inserted, on 1 January 2021, by regulation 11(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324).

Part 3 Provisions relating to COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021

Schedule 1 Part 3: inserted, on 25 March 2021, by regulation 9(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

5 Interpretation

In this Part, amendment regulations means the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021.

Schedule 1 clause 5: inserted, on 25 March 2021, by regulation 9(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

6 Temporary entry class visa holders

The amendments made by the amendment regulations to regulations 6(2)(c) and 7(1) and (2) in respect of persons who are temporary entry class visa holders do not apply to their stay at an MIQF if it began before 12.01 am on 25 March 2021.

Schedule 1 clause 6: inserted, on 25 March 2021, by regulation 9(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

7 Effect of amendments to specified regulations

If a person’s stay at an MIQF began before 12.01 am on 1 June 2021, the person’s stay is not affected by the amendments made by Part 2 of the amendment regulations.

Schedule 1 clause 7: inserted, on 1 June 2021, by regulation 12 of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46).

Part 4 Provisions relating to COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021

Schedule 1 Part 4: inserted, on 14 November 2021, by regulation 6(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

8 Interpretation

In this Part, amendment regulations means the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021.

Schedule 1 clause 8: inserted, on 14 November 2021, by regulation 6(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

9 Effect of amendment regulations

If a person’s stay at an MIQF began before 14 November 2021, the person’s stay is not affected by the amendments made by the amendment regulations.

Schedule 1 clause 9: inserted, on 14 November 2021, by regulation 6(a) of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350).

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 10 August 2020.

Notes
1 General

This is a consolidation of the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

COVID-19 Public Health Response Amendment Act 2021 (2021 No 48): section 28

COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 3) 2021 (SL 2021/350)

Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulation 112

COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations (No 2) 2021 (LI 2021/203)

COVID-19 Public Health Response (Validation of Managed Isolation and Quarantine Charges) Amendment Act 2021 (2021 No 20): section 5

COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2021 (LI 2021/46)

COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Amendment Regulations 2020 (LI 2020/324)