COVID-19 Public Health Response (Air Border) Order (No 2) 2020

  • This version was replaced on 21 January 2021 to make a correction to clause 7B(3) under section 25(1)(j)(ii) of the Legislation Act 2012.

Reprint as at 15 January 2021

Coat of Arms of New Zealand

COVID-19 Public Health Response (Air Border) Order (No 2) 2020

(LI 2020/239)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Health.

This order is made by the Minister of Health under sections 11 and 15(1) of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.

Contents

1Title
2Commencement
Part 1
Preliminary provisions
3Purpose
4Interpretation
5Transitional, savings, and related provisions
6Application of order
7Immunities of foreign military aircraft and crew unaffected
Part 1A
Obligation on air carriers
7AAir carrier must not cause aircraft to arrive in New Zealand without complying with requirement
7BCertain air carriers to comply with other requirements
Part 2
Obligations on air arrivals
8Obligations on persons arriving in New Zealand by air
Part 3
Exemptions
Subpart 1—Designation of higher-risk routes
9Designation of higher-risk routes
Subpart 2—Arrivals generally
Exemptions from whole of clause 8
10Arrivals remaining airside until departure from New Zealand
11Diplomatic and consular officials, and New Zealand Defence Force
12Crew of ship
13Arrivals from Antarctica
14Aircraft turned back to New Zealand
15Designated persons
Exemptions relating to confirmed allocation only
16Exemption under Isolation and Quarantine Order
17Medical attendants
18Police escorts of extradited or deported persons
Subpart 3—Specified aircrew members
Application
19Application of subpart
Exemptions
20Exemption from requirement for confirmed allocation
20AExemption from requirements set out in clause 8(2B)
21Exemption from requirement to be isolated or quarantined
Exceptions to exemption from requirement to be isolated or quarantined
22Higher-risk route
23Pilots returning from flight simulator training
24Absences of at least 7 days or overseas domestic travel
25Failure to meet key safety standards
Subpart 4—Powers to grant exemptions
26Power for Minister to grant exemptions from this order
27Power for Director-General to grant exemptions from this order to emergency workers
27APower for Director-General to grant exemptions from clause 8(2B)
Part 3
Exemptions
[Revoked]
Airside conditions
[Revoked]
8AAirside condition [Revoked]
8BOverseas airside condition [Revoked]
Designation of higher-risk routes
[Revoked]
8CDesignation of higher-risk routes [Revoked]
Exemptions
[Revoked]
9Transit passengers [Revoked]
10Diplomatic and consular officials, and New Zealand Defence Force [Revoked]
11Aircrew members who meet airside condition [Revoked]
11AAircrew members who do not meet airside condition [Revoked]
11BMedical attendants who meet airside condition [Revoked]
12Crew of ship [Revoked]
13Designated persons [Revoked]
14Minister may replace exemptions under clauses 11 to 13 [Revoked]
15Power for Minister to grant exemptions from this order [Revoked]
Part 4
Revocation and consequential amendments
[Revoked]
16Revocation [Revoked]
17Consequential amendments to COVID-19 Public Health Response (Alert Level Requirements) Order 2020 [Revoked]
Schedule 1
Transitional, savings, and related provisions
Gazette Information
Reprint notes

Order

1 Title

This order is the COVID-19 Public Health Response (Air Border) Order (No 2) 2020.

2 Commencement

This order comes into force at 11.59 pm on 6 September 2020.

Part 1 Preliminary provisions

3 Purpose

The purpose of this order is to prevent, and limit the risk of, the outbreak or spread of COVID-19 by imposing certain requirements on persons arriving in New Zealand by air (including medical examination and testing for COVID-19, and commencement of isolation or quarantining, as soon as practicable after arriving in New Zealand).

4 Interpretation

(1)

In this order, unless the context otherwise requires,—

air carrier, in relation to an aircraft (but not a foreign military aircraft),—

(a)

means the owner or charterer of the aircraft; and

(b)

if the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer; and

(c)

if there is no agent in New Zealand, includes the person in charge of the aircraft

aircrew member means any person who—

(a)

is identified as a crew member on the crew manifest for the aircraft on which they arrive in New Zealand; or

(b)

is not identified as a crew member on that manifest but is on the aircraft at the direction of an airline for which they work as a pilot, co-pilot, or flight attendant

airport has the meaning given by subclause (2)

confirmed allocation means a confirmed allocation in the managed isolation allocation system to enter an MIQF in New Zealand

evidence of a confirmed allocation means—

(a)

written evidence of a confirmed allocation (for example, a voucher); or

(b)

evidence of a confirmed allocation by any other means, as long as the evidence is supplied by the New Zealand Government

fellow traveller, of any person arriving in New Zealand, means,—

(a)

if the person is an aircrew member, an aircrew member arriving in New Zealand on the same aircraft; or

(b)

in any other case, anyone who accompanied the person on the journey to New Zealand

health protection officer has the meaning given by section 2(1) of the Health Act 1956

higher-risk route means a route of travel that is designated in accordance with clause 9

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

medical examination and testing means examination or testing that involves only 1 or more of the following:

(a)

taking temperatures:

(b)

seeking and obtaining information about symptoms:

(c)

carrying out chest auscultation:

(d)

taking nose swabs or mouth swabs (or both)

MIQF means a managed isolation or quarantine facility as defined by section 5(1) of the COVID-19 Public Health Response Act 2020

physical distancing, from other persons, means remaining at least 2 metres away from them

place of isolation or quarantine,—

(a)

for a person to whom Part 1 of the Isolation and Quarantine Order applies, has the meaning given by clause 12 of that order; or

(b)

for a person to whom Part 1A of the Isolation and Quarantine Order applies, means the accommodation notified to the Ministry of Health under that Part as the person’s place of self-isolation

specified aircrew member has the meaning given by clause 19(1)

specified place means a country or region that the Director-General has specified in a notice—

(a)

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

(b)

in the Gazette.

(2)

A reference in this order to an airport that is in New Zealand is a reference to a security designated aerodrome within the meaning of section 2(1) of the Civil Aviation Act 1990.

Clause 4(1) air carrier: inserted, on 3 November 2020, by clause 4 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280).

Clause 4(1) aircrew member: replaced, at 11.59 pm on 20 December 2020, by clause 4(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) airport: inserted, at 11.59 pm on 4 October 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) airside: revoked, at 11.59 pm on 20 December 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) airside condition: revoked, at 11.59 pm on 20 December 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) confirmed allocation: inserted, on 3 November 2020, by clause 4 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280).

Clause 4(1) confirmed allocation: amended, at 11.59 pm on 20 December 2020, by clause 4(3) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) evidence of a confirmed allocation: inserted, on 3 November 2020, by clause 4 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280).

Clause 4(1) exempt person: revoked, at 11.59 pm on 20 December 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) fellow traveller: replaced, at 11.59 pm on 4 October 2020, by clause 4(3) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) higher-risk route: inserted, at 11.59 pm on 4 October 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) higher-risk route: amended, at 11.59 pm on 20 December 2020, by clause 4(4) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) managed isolation allocation system: inserted, on 3 November 2020, by clause 4 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280).

Clause 4(1) MIQF: inserted, at 11.59 pm on 20 December 2020, by clause 4(5) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) overseas airside condition: revoked, at 11.59 pm on 20 December 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) place of isolation or quarantine: replaced, at 11.59 pm on 20 December 2020, by clause 4(6) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) security designated aerodrome: revoked, at 11.59 pm on 4 October 2020, by clause 4(4) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) specified aircrew member: inserted, at 11.59 pm on 20 December 2020, by clause 4(5) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) specified place: inserted, at 11.59 pm on 15 January 2021, by clause 4 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Clause 4(2): inserted, at 11.59 pm on 4 October 2020, by clause 4(5) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

5 Transitional, savings, and related provisions

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

6 Application of order

This order applies to the whole of New Zealand.

7 Immunities of foreign military aircraft and crew unaffected

Nothing in this order limits or affects the immunities of any foreign military aircraft or its crew.

Part 1A Obligation on air carriers

Part 1A: inserted, on 3 November 2020, by clause 5 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280).

7A Air carrier must not cause aircraft to arrive in New Zealand without complying with requirement

(1)

An air carrier must not cause an aircraft to arrive in New Zealand unless it has taken reasonable steps to ensure that each person on board the aircraft (other than an exempt person) has evidence of a confirmed allocation.

(2)

In this clause, exempt person means a person who is exempt from clause 8(2A) by or under this order.

Clause 7A: inserted, on 3 November 2020, by clause 5 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280).

Clause 7A(2): inserted, at 11.59 pm on 20 December 2020, by clause 5 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

7B Certain air carriers to comply with other requirements

(1)

This clause applies to any air carrier that is responsible for, or has a commercial obligation in, the transporting of a person (other than an exempt person) on a flight or a multi-leg flight from a specified place to New Zealand.

(2)

The air carrier must take reasonable steps to ensure that the person, when checking in for the flight or initially checking in for the multi-leg flight, has evidence of compliance with clause 8(2B)(a).

(3)

In this clause, exempt person means a person who is exempt from clause 8(2B) by or under this order.

Clause 7B: inserted, at 11.59 pm on 15 January 2021, by clause 5 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Part 2 Obligations on air arrivals

8 Obligations on persons arriving in New Zealand by air

(1)

A person who arrives in New Zealand by air must comply with this clause.

(2)

The person must report for and undergo medical examination and testing for COVID-19, as soon as practicable after their arrival, at the airport at which they arrive.

(2A)

The person must—

(a)

have a confirmed allocation; and

(b)

produce evidence of a confirmed allocation when requested by 1 or more of the following:

(i)

a health protection officer or a medical officer of health:

(ii)

a staff member or representative of the relevant air carrier:

(iii)

an immigration officer.

(2B)

If the person arrives in New Zealand on a journey or multi-leg journey, the person—

(a)

must have—

(i)

a negative result from a COVID-19 test administered no more than 72 hours before the journey began; or

(ii)

a certificate that verifies that the person was examined by a specified person no more than 72 hours before the journey began and that the person—

(A)

was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and

(B)

did not exhibit symptoms of COVID-19; or

(iii)

in the case of a positive result from a COVID-19 test administered no more than 72 hours before the journey began, a certificate that verifies that a specified person considers that the person is no longer infectious with COVID-19; and

(b)

must produce evidence of the negative result or the relevant certificate when requested by 1 or more of the following:

(i)

a health protection officer:

(ii)

a staff member or representative of the relevant air carrier:

(iii)

an immigration officer:

(iv)

an enforcement officer.

(3)

The person must be isolated or quarantined (commencing as soon as practicable after arriving in New Zealand) in accordance with the Isolation and Quarantine Order, subject to any IQ exemption applying in relation to the person.

(3A)

If the person’s place of isolation or quarantine is an MIQF, the person must travel from the airport to the MIQF in accordance with directions of the chief executive of MBIE.

(4)

Throughout the period while the person is at the airport and travelling from the airport to their place of isolation or quarantine, they must,—

(a)

to the greatest extent practicable, maintain physical distancing from all other persons (other than fellow travellers); and

(b)

wear personal protective equipment as directed by a medical officer of health or a health protection officer.

(4A)

A failure to comply with subclause (2A) or (2B) is an infringement offence (see section 26(3) and (4) of the Act).

(4B)

The hours requirement in subclause (2B)(a) is to be treated as being 96 hours from the new departure time instead of 72 hours from the original departure time if—

(a)

the initial flight of the person’s journey or multi-leg journey to New Zealand is delayed for a period of less than 24 hours; or

(b)

the person’s booking for the journey or multi-leg journey to New Zealand is cancelled for any reason and the person is subsequently re-booked for departure within 24 hours of the cancellation.

(5)

In this clause,—

certificate, in relation to a person who is examined, means—

(a)

written verification provided by the specified person who carried out the examination; or

(b)

any other appropriate evidence that the Director-General has specified

COVID-19 test means—

(a)

any applicable examination or test (or both) for COVID-19 that the Director-General has specified; and

(b)

any appropriate evidence of the result that the Director-General has specified

Director-General has specified, in relation to a certificate, COVID-19 test, specified person, or specified place, means specified by the Director-General in a notice published—

(a)

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

(b)

in the Gazette

immigration officer has the meaning given by section 4 of the Immigration Act 2009

IQ exemption means an exemption under the Isolation and Quarantine Order

journey means travel by any means over a period of 14 days or less from a specified place—

(a)

that does not include staying in one specified place for a period exceeding 96 hours; and

(b)

that begins by departing from a country or region other than New Zealand and ends by arriving in New Zealand

specified person means a person in a specified place who is—

(a)

a medical practitioner; or

(b)

a suitably qualified person that the Director-General has specified.

Clause 8(2): amended, at 11.59 pm on 4 October 2020, by clause 5(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 8(2A): inserted, on 3 November 2020, by clause 6(1) of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280).

Clause 8(2A): amended, at 11.59 pm on 20 December 2020, by clause 6(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 8(2A)(b): replaced, at 11.59 pm on 15 January 2021, by clause 6(1) of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Clause 8(2B): inserted, at 11.59 pm on 15 January 2021, by clause 6(2) of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Clause 8(3): amended, at 11.59 pm on 20 September 2020, by clause 4(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Clause 8(3A): inserted, at 11.59 pm on 20 December 2020, by clause 6(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 8(4): amended, at 11.59 pm on 4 October 2020, by clause 5(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 8(4A): inserted, on 3 November 2020, by clause 6(2) of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280).

Clause 8(4A): amended, at 11.59 pm on 15 January 2021, by clause 6(3) of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Clause 8(4B): inserted, at 11.59 pm on 15 January 2021, by clause 6(4) of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Clause 8(5): replaced, at 11.59 pm on 15 January 2021, by clause 6(5) of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Part 3 Exemptions

Part 3: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Subpart 1—Designation of higher-risk routes

Subpart 1: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

9 Designation of higher-risk routes

(1)

For the purposes of this Part, the Director-General may designate a route of travel between a place outside New Zealand and another place (in or outside New Zealand) as a higher-risk route.

(2)

The notice 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.

Clause 9: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Subpart 2—Arrivals generally

Subpart 2: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Exemptions from whole of clause 8

Heading: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

10 Arrivals remaining airside until departure from New Zealand

(1)

A person arriving in New Zealand is exempt from clause 8 if, until they depart from New Zealand, they remain on the airside of—

(a)

the airport at which they arrive in New Zealand; and

(b)

any other airport through which they transit.

(2)

Without limiting subclause (1), any transit passenger is exempt from clause 8.

(3)

However, a transit passenger who is given permission to enter New Zealand in accordance with section 89(2) or 91 of the Immigration Act 2009 is not exempt from clause 8.

(4)

In this clause,—

airside, of an airport, means any part of the airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers

transit passenger has the meaning given by section 4 of the Immigration Act 2009.

Clause 10: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

11 Diplomatic and consular officials, and New Zealand Defence Force

The following persons arriving by air in New Zealand are exempt from clause 8:

(a)

a person who is entitled to any immunity from jurisdiction by or under—

(i)

the Diplomatic Privileges and Immunities Act 1968 (other than a person referred to in section 10D(2)(d) of that Act) or the Consular Privileges and Immunities Act 1971; or

(ii)

any order under either of those Acts:

(b)

a person who is a member of the New Zealand Defence Force and returning from service outside New Zealand.

Clause 11: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

12 Crew of ship

(1)

A person arriving by air in New Zealand who is a member of the crew of a ship is exempt from clause 8 (except subclause (2B)), subject to the following conditions:

(a)

immediately after leaving the airport at which the person arrives in New Zealand, the person must travel (whether by air or by any other form or forms of transport) to and then board the ship; and

(b)

the ship must be scheduled to depart from New Zealand as soon as is reasonably practicable after the person boards the ship.

(2)

In this clause, crew, depart from New Zealand, and ship have the meanings given to them by the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.

Clause 12: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 12(1): amended, at 11.59 pm on 15 January 2021, by clause 7 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

13 Arrivals from Antarctica

(1)

A person arriving in New Zealand by air from Antarctica is exempt from clause 8 if the person is—

(a)

a member of, or associated with, a scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty (within the meaning of the Antarctica Act 1960); or

(b)

a person to whom section 5 of the Antarctica Act 1960 applies.

(2)

However, the person is not exempt from clause 8(2), (3), or (4) if a medical officer of health has assessed that there is a more than negligible risk that the group of arrivals from Antarctica to which the person belongs has been exposed to COVID-19 within 14 days before that arrival.

(3)

An assessment made before the person’s arrival does not have effect for the purposes of subclause (2) unless it is made no earlier than 7 days before that arrival.

Clause 13: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

14 Aircraft turned back to New Zealand

(1)

A person arriving by air in New Zealand is exempt from clause 8 if the aircraft on which the person arrives did not land in a place outside New Zealand after it most recently departed from New Zealand (for example, it may have been necessary for the aircraft to return to New Zealand because of a mechanical fault).

(2)

However, this clause does not exempt the person from clause 8 if the person was in New Zealand for less than 14 days immediately before the aircraft’s most recent departure from New Zealand.

Clause 14: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15 Designated persons

A person arriving by air in New Zealand who, immediately before the commencement of this order, was designated by the Director-General as critical to providing services to assist with the response to COVID-19 is exempt from clause 8.

Clause 15: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Exemptions relating to confirmed allocation only

Heading: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

16 Exemption under Isolation and Quarantine Order

(1)

A person who arrives in New Zealand by air is exempt from clause 8(2A) if the person is exempt from any requirement for the person’s place of isolation or quarantine to be an MIQF because of an exemption made by or under the Isolation and Quarantine Order.

(2)

Nothing in this clause limits any other exemption from clause 8(2A) that may be provided for by or under this order.

Clause 16: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

17 Medical attendants

The following persons arriving in New Zealand by air are exempt from clause 8(2A) and (2B):

(a)

any person who is assisting, as a medical attendant, with a medical transfer to New Zealand:

(b)

any person who is arriving in New Zealand to assist, as a medical attendant, with a medical transfer from New Zealand:

(c)

any person who is returning from assisting, as a medical attendant, with a medical transfer from New Zealand and is ordinarily resident in New Zealand.

Clause 17: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 17: amended, at 11.59 pm on 15 January 2021, by clause 8 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

18 Police escorts of extradited or deported persons

A member of the New Zealand Police arriving in New Zealand by air is exempt from clause 8(2A) and (2B) if the member—

(a)

is escorting a person in connection with that person’s extradition to New Zealand; or

(b)

is returning from escorting a person in connection with that person’s deportation from New Zealand.

Clause 18: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 18: amended, at 11.59 pm on 15 January 2021, by clause 9 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Subpart 3—Specified aircrew members

Subpart 3: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Application

Heading: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

19 Application of subpart

(1)

This subpart applies to an aircrew member (a specified aircrew member) arriving in New Zealand by air who is ordinarily resident in New Zealand.

(2)

This subpart does not apply to a specified aircrew member to whom clause 10(1) or 13 applies.

Clause 19: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Exemptions

Heading: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

20 Exemption from requirement for confirmed allocation

A specified aircrew member is exempt from clause 8(2A).

Clause 20: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

20A Exemption from requirements set out in clause 8(2B)

(1)

The following persons are exempt from clause 8(2B):

(a)

a specified aircrew member:

(b)

a person who is less than 2 years old:

(c)

a person who is on an aircraft that is required to stop for non-traffic purposes in New Zealand:

(d)

a person who has, or is given, permission to arrive in New Zealand for humanitarian reasons.

(2)

In this clause, stop for non-traffic purposes means to land for any purpose other than taking on or discharging passengers, cargo, or mail.

Clause 20A: inserted, at 11.59 pm on 15 January 2021, by clause 10 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

21 Exemption from requirement to be isolated or quarantined

(1)

A specified aircrew member is exempt from clause 8(3) if a suitably qualified health practitioner responsible for the medical examination and testing of the member under clause 8(2) is satisfied that the member is at a low risk of having or transmitting COVID-19.

(2)

The exemption provided for in this clause does not apply in the circumstances set out in clauses 22 to 25.

Clause 21: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Exceptions to exemption from requirement to be isolated or quarantined

Heading: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

22 Higher-risk route

A specified aircrew member is not exempt from clause 8(3) if they have travelled on a higher-risk route within the 7 days immediately before arriving in New Zealand by air.

Clause 22: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

23 Pilots returning from flight simulator training

A specified aircrew member is not exempt from clause 8(3) if they are returning from a period of flight simulator training in a country outside New Zealand.

Clause 23: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

24 Absences of at least 7 days or overseas domestic travel

(1)

A specified aircrew member is not exempt from clause 8(3) if they—

(a)

were outside New Zealand for a continuous period of at least 7 days immediately before arriving in New Zealand by air; or

(b)

have travelled domestically outside New Zealand within the 7 days immediately before arriving in New Zealand by air.

(2)

A specified aircrew member travels domestically outside New Zealand if—

(a)

they travel by aircraft on a domestic route in a country outside New Zealand; and

(b)

there are other persons travelling on the aircraft who are not—

(i)

the pilot or a co-pilot of the aircraft; or

(ii)

a person who works as a pilot, co-pilot, or flight attendant for the same airline as the aircrew member.

Clause 24: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

25 Failure to meet key safety standards

(1)

A specified aircrew member is not exempt from clause 8(3) if a medical officer of health determines (on the basis of information brought to that officer’s attention) that there are reasonable grounds to believe that, within the 7 days immediately before arriving in New Zealand by air and while outside New Zealand, the aircrew member has failed to meet 1 or more of the key safety standards.

(2)

The key safety standards are set out in Part 1 of Schedule 2 of the Isolation and Quarantine Order.

(3)

For the purposes of this clause, a reference in that Part to a relevant crew member is to be treated as if it were a reference to a specified aircrew member.

Clause 25: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Subpart 4—Powers to grant exemptions

Subpart 4: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

26 Power for Minister to grant exemptions from this order

(1)

The Minister may exempt any person or class of persons from the requirement to comply with any provision of this order or the application of any provision of this order if the Minister is satisfied that—

(a)

the exemption is necessary or desirable in order to promote the purposes of the Act or the purposes of this order; and

(b)

the extent of the exemption is not broader than is reasonably necessary to address the matters giving rise to the exemption.

(2)

The Minister may impose conditions on the exemption as the Minister considers necessary.

(3)

The Minister must take into account the advice of the Director-General when deciding—

(a)

whether to grant an exemption; and

(b)

what (if any) conditions to impose on an exemption.

(4)

An exemption for any specified person must be notified in writing to the applicant and the exempt person.

(5)

An exemption for any class of persons 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.

Clause 26: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

27 Power for Director-General to grant exemptions from this order to emergency workers

(1)

The Director-General may exempt any person or class of persons arriving in New Zealand for the purposes of assisting in the response to an emergency in respect of which a state of emergency is declared.

(2)

The Director-General must be satisfied that—

(a)

the exemption is necessary or desirable in order to promote the purposes of the Act or the purposes of this order; and

(b)

the extent of the exemption is not broader than is reasonably necessary to address the matters giving rise to the exemption; and

(c)

based on the advice of the National Emergency Management Agency, the person or class of persons is critical to assisting in the response to the emergency.

(3)

The Director-General may impose conditions on the exemption as the Director-General considers necessary.

(4)

An exemption for any specified person must be notified in writing to the applicant and the exempt person.

(5)

An exemption for any class of persons 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.

(6)

In this clause,—

emergency includes an emergency that may occur

state of emergency has the meaning given by the Civil Defence Emergency Management Act 2002.

Clause 27: inserted, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 27(1): amended, at 11.59 pm on 15 January 2021, by clause 11 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

27A Power for Director-General to grant exemptions from clause 8(2B)

Despite anything in clause 10, the Director-General may exempt any class of persons transiting through New Zealand from the 72 hours requirement specified in clause 8(2B).

Clause 27A: inserted, at 11.59 pm on 15 January 2021, by clause 12 of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1).

Part 3 Exemptions

[Revoked]

Part 3: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Airside conditions[Revoked]

Heading: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

8A Airside condition
[Revoked]

Clause 8A: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

8B Overseas airside condition
[Revoked]

Clause 8B: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Designation of higher-risk routes[Revoked]

Heading: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

8C Designation of higher-risk routes
[Revoked]

Clause 8C: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Exemptions[Revoked]

Heading: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

9 Transit passengers
[Revoked]

Clause 9: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

10 Diplomatic and consular officials, and New Zealand Defence Force
[Revoked]

Clause 10: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

11 Aircrew members who meet airside condition
[Revoked]

Clause 11: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

11A Aircrew members who do not meet airside condition
[Revoked]

Clause 11A: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

11B Medical attendants who meet airside condition
[Revoked]

Clause 11B: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

12 Crew of ship
[Revoked]

Clause 12: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

13 Designated persons
[Revoked]

Clause 13: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

14 Minister may replace exemptions under clauses 11 to 13
[Revoked]

Clause 14: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15 Power for Minister to grant exemptions from this order
[Revoked]

Clause 15: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Part 4 Revocation and consequential amendments

[Revoked]

Part 4: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

16 Revocation
[Revoked]

Clause 16: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

17 Consequential amendments to COVID-19 Public Health Response (Alert Level Requirements) Order 2020
[Revoked]

Clause 17: revoked, at 11.59 pm on 20 December 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Schedule 1 Transitional, savings, and related provisions

cl 5

Part 1 Provisions relating to this order as made

There are no transitional, savings, or related provisions relating to this order as made.

Dated at Wellington this 4th day of September 2020.

Hon Chris Hipkins,
Minister of Health.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 September 2020.

Reprints notes
1 General

This is a reprint of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2021 (LI 2021/1)

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330): Part 1

COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020 (LI 2020/280)

COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273): Part 1

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254): Part 1