COVID-19 Public Health Response (Alert Levels 3 and 2) Order 2020

  • revoked
  • COVID-19 Public Health Response (Alert Levels 3 and 2) Order 2020: revoked, at 11.59 pm on 22 August 2020, by clause 35 of the COVID-19 Public Health Response (Alert Levels 3 and 2) Order (No 2) 2020 (LI 2020/222).
4 Interpretation

(1)

In this order, unless the context otherwise requires,—

alert level 3 area means the area within the boundaries of Auckland as determined by the Local Government (Auckland Boundaries) Determination 2010

alert level 3 requirements, in relation to a business or service, means the requirements that apply to that business or service under clause 11

businesses and services, in Part 3,—

(a)

includes (except to the extent set out in paragraph (b))—

(i)

voluntary and not-for-profit services; and

(ii)

both public sector and private sector businesses and services; and

(iii)

businesses and services that provide space for other businesses and services to operate within, such as shopping malls and marketplaces; and

(iv)

businesses and services that provide facilities or venues for events or activities if people pay to attend the event or participate in the activities or pay to hire the facility or venue; and

(v)

the playing of sports professionally or semi-professionally; but

(b)

does not include—

(i)

voluntary or not-for-profit sporting, recreational, social, or cultural activities; or

(ii)

households carrying out family activities in their household unit; or

(iii)

faith-based gatherings; or

(iv)

community club activities (except activities that occur at the same time and place as services provided under a club licence under section 21 of the Sale and Supply of Alcohol Act 2012)

category A business or service means a business or service listed in Part 1 of Schedule 2

category B business means a business listed in Part 2 of Schedule 2

category C business or service means any business or service that is not a category A business or service, a category B business, a venue business, or a public transport service

controlled gatherings means a gathering that meets all of the following requirements:

(a)

at which there are no more than 10 people at any one time (including any celebrant, organiser, or other assistant); and

(b)

that is for one of the following purposes:

(i)

a funeral service:

(ii)

a tangihanga:

(iii)

a wedding or civil union service; and

(c)

at which no food or drink is served

customers and clients,—

(a)

for an education entity, does not include students attending the education entity; but

(b)

otherwise includes any non-paying customer or client

defined space—

(a)

means any single indoor space or outdoor space (see subclause (2)); and

(b)

if there is more than 1 space in any premises, means a space described in paragraph (a) for which there are systems and processes in operation that ensure, to the greatest extent practicable, that persons using the space (other than workers) do not intermingle at a distance closer than 2 metres with other persons using, entering, or leaving the premises

education entity has the same meaning as in section 10(8) of the Education and Training Act 2020

essential personal movement means movement permitted as essential personal movement under clause 9

extended bubble arrangements means an agreement by all of the residents (other than a person under 18 years) of 2 or more homes or places of residence to comply with clauses 8 and 9 of this order as if they were 1 residence for the purpose of keeping connections with family or whānau, enabling caregiving, or supporting persons living alone or otherwise isolated

fellow resident, for any person (person A), means another person who resides at—

(a)

the same home or place of residence as person A; or

(b)

another home or place of residence in relation to which person A has an extended bubble arrangement

game bird means a game bird specified in Schedule 1 of the Wildlife Act 1953

gathering—

(a)

means people who are intermingling in a group; but

(b)

does not include people remaining at least 2 metres away from each other to the greatest extent practicable

health services has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

high-risk person means a person who has been diagnosed with COVID-19, has COVID-19 symptoms, is being or has been tested for COVID-19 and is awaiting a test result, or has been in close contact with someone with suspected, probable, or confirmed COVID-19 in the last 14 days

home or place of residence—

(a)

includes a campervan, caravan, or other vehicle or temporary structure (for example, a tent) that is a place of residence; and

(b)

in the case of a building, includes the land that is part of the property on which the building is situated (other than any common areas); and

(c)

includes any prison, hospital, or other facility or place in which a person is detained or compulsorily placed under any enactment

level 3 physical distancing means—

(a)

for premises under the control of a category A business or service, remaining 1 metre away from people; and

(b)

for premises under the control of a category B business,—

(i)

for those providing the business, remaining 1 metre away from any other person providing the business; and

(ii)

in any other case, remaining 2 metres away from people; and

(c)

for premises under the control of a category C business or service, remaining 1 metre away from people; and

(d)

in any other case, remaining 2 metres away from other people

person in control, in relation to a defined space or premises,—

(a)

means a person who manages or controls the defined space or premises; and

(b)

includes—

(i)

any occupier of the defined space or premises; and

(ii)

if a facility or venue of a business or service is hired for an event or activity, that business or service

premises has the same meaning as in section 2(1) of the Health Act 1956 (which includes any commercial premises, private premises, vehicle, ship, or aircraft)

public transport service has the same meaning as in section 5(1) of the Land Transport Management Act 2003; but

(a)

includes air transport that is available to the public generally; and

(b)

excludes small passenger service vehicles (as defined in that Act)

QR code means a unique identifying code issued by the Government for the purpose of supporting contact tracing

region means the area of the Civil Defence Emergency Management Group (under the Civil Defence Emergency Management Act 2002) of which the relevant territorial authority is a member and (to avoid doubt) includes an alert level 3 area

shared caregiver, in relation to a child, means a person who, under an agreement, or a parenting order or an interim parenting order made under the Care of Children Act 2004, has the role of providing the day-to-day care of the child

social gathering—

(a)

means people who are intermingling in a group; but

(b)

does not include—

(i)

people remaining at least 2 metres away from each other to the greatest extent practicable; and

(ii)

an activity undertaken at a business or service in compliance with clauses 15 to 19; but

(c)

does include a gathering if—

(i)

the gathering is held at the facilities or venue of a business or service that has been hired for the gathering; but

(ii)

the gathering is not held for the purpose of a business or service

venue business means a business of providing a venue for gatherings (whether as the main or ancillary part of the business)

vulnerable person means a person who is at significant risk of serious illness if they contract COVID-19

worker—

(a)

means, in the context of a business or service that is required to comply with clauses 16 to 19, any person who carries out work in any capacity for that business or service (whether paid or unpaid); and

(b)

to avoid doubt, includes professional and semi-professional sports players

workplace has the same meaning as in section 20 of the Health and Safety at Work Act 2015.

(2)

For the purpose of the definition of defined space in subclause (1),—

(a)

an indoor space or outdoor space is a single space if there are walls (whether permanent or temporary) that substantially divide that space from other spaces:

(b)

an outdoor space is also a single space if there are at least 2 metres between all people in that space and any other people (outside that space).