COVID-19 Public Health Response (Alert Levels 3 and 2) Order (No 2) 2020

  • revoked
  • COVID-19 Public Health Response (Alert Levels 3 and 2) Order (No 2) 2020: revoked, at 11.59 pm on 30 August 2020, by clause 32 of the COVID-19 Public Health Response (Alert Level Requirements) Order 2020 (LI 2020/231).
4 Interpretation

(1)

In this order, unless the context otherwise requires,—

1-metre physical distancing rule means the requirement set out in clause 8(1)

2-metre physical distancing rule means the requirement set out in clause 8(2)

alert level 2 requirements, in relation to a business or service, means the requirements that apply to that business or service under clauses 9, 10, 11, and 23 to 28

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 clauses 9, 10, 11, and 18

businesses and services includes—

(a)

voluntary and not-for-profit services; and

(b)

both public sector and private sector businesses and services; and

(c)

businesses and services that provide space for other businesses and services to operate within (for example, shopping malls and marketplaces); and

(d)

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

(e)

the playing of sports professionally or semi-professionally

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

contact tracing record, in relation to a person entering a workplace, means—

(a)

the name of the person; and

(b)

the date on which and time at which the person entered the workplace; and

(c)

a telephone number that may be used to easily contact the person

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

(a)

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

(b)

the gathering is for one of the following purposes:

(i)

a funeral service:

(ii)

a tangihanga:

(iii)

a wedding or civil union service; and

(c)

the gathering is one at which no food or drink is served

customers and clients,—

(a)

in relation to 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

electoral candidate means a candidate described in paragraph (a) or (b) of the definition of candidate in section 3(1) of the Electoral Act 1993

essential personal movement means movement permitted as essential personal movement under clause 15

extended bubble arrangement 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 14 and 15 of this order as if they were 1 home or place of residence for the purpose of keeping connections with family or whānau, enabling caregiving, or supporting persons living alone or otherwise isolated

fellow resident, in relation to 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

gathering

(a)

means people who are intermingling in a group; but

(b)

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

gathering of friends and whānau means a group of customers, clients, or other persons who confirm that they are, or whom it is otherwise reasonable to believe to be, a group of persons who all know each other and can identify each other for the purpose of contact tracing

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

high-risk person means a person who—

(a)

has been diagnosed as having COVID-19; or

(b)

has COVID-19 symptoms; or

(c)

is being or has been tested for COVID-19 and is awaiting a test result; or

(d)

has been in close contact with someone with suspected, probable, or confirmed COVID-19 in the previous 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; and

(d)

in the case of a block of flats or other building that has more than 1 home or place of residence, excludes the other homes or places of residence

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 paragraph (a) of the definition of public transport service 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 section 5(1) of that Act)

QR code means a unique identifying code issued by the Government for the purpose of enabling 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 who remain at least 2 metres away from each other to the greatest extent practicable; or

(ii)

an activity undertaken at a business or service in compliance with the alert level 2 requirements; but

(c)

despite paragraph (b)(ii), includes a gathering held at a facility or venue of a business or service that has been hired for the gathering if the gathering is not for the purpose of a business or service

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

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

worker means, in relation to a business or service, any person who carries out work in any capacity for that business or service (whether paid or unpaid)

workplace

(a)

means premises where work is being carried out, or is customarily carried out, for a business or service; and

(b)

includes premises where a worker goes, or is likely to be, while at work.

(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 is at least 2 metres away between all people in that space and any other people (outside that space).