COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

Version as at 16 January 2022

Coat of Arms of New Zealand

COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

(LI 2020/241)

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.

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
3Purpose
4Interpretation
5Transitional, savings, and related provisions
6Application of order
7Part applies to relevant persons
8Requirements for isolation or quarantine
9Medical examination and testing requirements in isolation or quarantine
10Period of isolation or quarantine
11Early end to period of isolation or quarantine for certain people
12Place of isolation or quarantine
13Leaving place of isolation or quarantine
14Leaving place of isolation or quarantine with special authorisation
14ADesignation of relevant persons as fellow residents
15Caregivers of children and other vulnerable people
15APower for Minister to grant exemptions from this Part
15BPart applies to relevant workers
15CRequirement to notify Ministry of Health
15DRequirements for self-isolation
15DAPart 1 applies if relevant worker had high risk of exposure to COVID-19
15DBOther circumstances in which Part 1 applies
15DCKey safety standards
15EPeriod of self-isolation
15FMedical examination and testing
15GLeaving place of self-isolation
15GAInterpretation
15GBSubpart applies to participants
15GCRemaining at place of self-isolation and other restrictions
15GDMedical examination and testing
15GEMonitoring of compliance
15GFNotice must be displayed at place of self-isolation
15GGPeriod of self-isolation
15GHLeaving place of self-isolation
15GIIsolation or quarantine may replace self-isolation
15GJRequirement for employers
15GKRequirement for people entering place of self-isolation
15GLInterpretation
15GMApplication of this subpart
15GNPeriod of self-isolation
15GORequirement to notify Ministry of Health
15GPRequirements for self-isolation
15GQTravel from MIQF to place of self-isolation
15GRMedical examination and testing
15GSRemaining at place of self-isolation
15GTRequirement for other residents
15GUPower for Minister to grant exemptions from this Part
[Revoked]
15HInterpretation [Revoked]
15IChief executive responsible for operation of managed isolation allocation system [Revoked]
15JIssue of confirmed allocations [Revoked]
15KOnline allocations [Revoked]
15LOffline allocations [Revoked]
15MAmendment and cancellation of allocations [Revoked]
16Appointment of site managers
17Restriction on entry to MIQF
18Duty to remain at MIQF for risk assessment
19Revocation [Revoked]
19Interpretation
20Infringement offences
Gazette Information
Notes

Order

1 Title

This order is the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020.

2 Commencement

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

3 Purpose

The purpose of this order is to prevent, and limit the risk of, the outbreak or spread of COVID-19 by—

(a)

setting out the requirements for people who must be isolated or quarantined in accordance with this order (for example, on arrival in New Zealand), including risk-based provision for when isolation or quarantine ends; and

(b)

restricting entry to any managed isolation or quarantine facility (MIQF) to persons who are approved, authorised, or required to enter.

4 Interpretation

(1)

In this order, unless the context otherwise requires,—

aircrew member means a New Zealand-based aircrew member or an overseas-based aircrew member

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

fellow resident, of any person (person A),—

(a)

means another person who is isolated or quarantined in the same room as person A at their place of isolation or quarantine; and

(b)

includes another person who is isolated or quarantined at the same MIQF as person A and who—

(i)

is designated by the site manager of the MIQF as a fellow resident of person A under clause 14A; or

(ii)

is a caregiver of person A and, because of clause 15(2)(a), is treated as being a fellow resident of person A

health practitioner has the meaning given by section 5(1) of the Health Practitioners Competence Assurance Act 2003

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

high-risk MIQF means an MIQF designated by the chief executive, after consulting and considering the advice of the Director-General, for the purposes of isolating or quarantining people in a way appropriate for people with a high risk of transmitting COVID-19

low-risk indicators, for a person, means that—

(a)

the person—

(i)

has undergone the medical examination and testing required to assess whether they have COVID-19, with a negative result; or

(ii)

has been determined by a medical officer of health or health protection officer to have particular physical or other needs that make it inappropriate for them to undergo that medical examination and testing; and

(b)

other medical tests or information relating to the person (if any) indicate that the person is at low risk of having or transmitting COVID-19

low-risk MIQF means an MIQF designated by the chief executive, after consulting and considering the advice of the Director-General, for the purposes of isolating or quarantining people in a way appropriate for people with a low risk of transmitting COVID-19

medical examination and testing means examination or testing that involves any of (or a combination of any of) the following:

(a)

in the case of any person,—

(i)

taking temperatures:

(ii)

seeking and obtaining information about symptoms:

(iii)

carrying out chest auscultation:

(iv)

taking nose swabs or mouth swabs (or both):

(b)

in the case of a person other than a relevant worker, taking saliva

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

New Zealand-based aircrew member has the meaning given by clause 4 of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020

overseas-based aircrew member has the meaning given by clause 4 of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020

period of isolation or quarantine, for a person, has the meaning given by clause 10 and, if applicable, clauses 11 and 15(2)(c)

period of self-isolation has the meaning given by clause 15E

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

place of isolation or quarantine, for a person, has the meaning given by clause 12

relevant person has the meaning given by clause 7

relevant worker has the meaning given by clause 15B(1)

site manager, for an MIQF, means a person appointed as a site manager or deputy site manager under clause 16

taking saliva means the method or methods by which saliva may be taken and analysed, including any conditions, that the Director-General has approved 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

(2)

In this order, a reference to a person’s arrival in New Zealand is a reference to the person’s most recent arrival in New Zealand from—

(a)

a country outside New Zealand; or

(b)

the Ross Dependency or any other place outside New Zealand.

Clause 4(1) Act: inserted, on 4 December 2021, by clause 9 of the COVID-19 Public Health Response (Infringement Offences) Amendment Order 2021 (SL 2021/387).

Clause 4(1) aircrew member: replaced, at 11.58 pm on 16 January 2022, by clause 26(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 4(1) airside: inserted, at 11.59 pm on 20 December 2020, by clause 9(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 resident: replaced, at 11.59 pm on 4 October 2020, by clause 12(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) high-risk MIQF: amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 4(1) low-risk MIQF: amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 4(1) medical examination and testing: replaced, at 11.59 pm on 24 September 2021, by clause 4(1) of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 2) 2021 (LI 2021/264).

Clause 4(1) New Zealand-based aircrew member: inserted, at 11.58 pm on 16 January 2022, by clause 26(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 4(1) overseas-based aircrew member: inserted, at 11.58 pm on 16 January 2022, by clause 26(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 4(1) period of self-isolation: inserted, at 11.59 pm on 4 October 2020, by clause 12(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) relevant worker: inserted, at 11.59 pm on 4 October 2020, by clause 12(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) taking saliva: inserted, at 11.59 pm on 24 September 2021, by clause 4(2) of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 2) 2021 (LI 2021/264).

Clause 4(1) very high risk country: revoked, at 11.59 pm on 23 December 2021, by clause 8 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

Clause 4(2): replaced, at 11.59 pm on 20 December 2020, by clause 9(3) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

5 Transitional, savings, and related provisions

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

6 Application of order

This order applies to the whole of New Zealand.

Part 1 Requirements for isolation and quarantine generally

Part 1 heading: amended, at 11.59 pm on 4 October 2020, by clause 13 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

7 Part applies to relevant persons

(1)

This Part applies to a person who is required by or under a COVID-19 order or another enactment to be isolated or quarantined in accordance with this order (a relevant person).

(2)

However, this Part applies to—

(a)

a relevant worker only to the extent provided in clauses 15DA and 15DB:

(b)

a participant under Part 1B only to the extent provided in clause 15GI.

Clause 7(2): replaced, at 11.59 pm on 29 October 2021, by clause 4 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

8 Requirements for isolation or quarantine

(1)

A relevant person must be isolated or quarantined as required by this clause throughout their period of isolation or quarantine.

(2)

[Revoked]

(3)

They must maintain physical distancing (to the greatest extent practicable) from every person in or outside their place of isolation or quarantine,—

(a)

including others isolated or quarantined at the same place; but

(b)

not including their fellow residents (if any).

(4)

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

Clause 8(2): revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

9 Medical examination and testing requirements in isolation or quarantine

A relevant person must report for, and undergo, medical examination and testing for COVID-19 at any time throughout their period of isolation or quarantine, as directed by a medical officer of health or a health protection officer.

10 Period of isolation or quarantine

(1)

A person’s period of isolation or quarantine is—

(a)

the period ending at the same time of day as, but on the 10th day after, their start time if the chief executive is satisfied that the person meets the low-risk indicators, as determined—

(i)

as close as is reasonably practicable to the end of that period; and

(ii)

based on the advice of a suitably qualified health practitioner; or

(aa)
[Revoked]

(b)

any longer period needed to satisfy the chief executive, based on the advice of a suitably qualified health practitioner, that the person meets the low-risk indicators, but no longer than the period ending at the same time of day as, but on the 20th day after, their start time.

Start time

(2)

A person’s start time is—

(a)

the time and date of the person’s arrival in New Zealand (for example, 3.30 pm on 15 September 2020), unless paragraph (b) applies; or

(b)

the start time that applies to the person under the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.

(3)

However, if another person is designated as their fellow resident, and the fellow resident’s start time under subclause (2) is a later start time, the person’s start time becomes that later start time.

(3A)

See clause 15(2)(c) in relation to the start time of caregivers.

Exceptions

(4)

This clause is subject to clause 11, which provides for an early end to the period of isolation or quarantine for certain people.

Extensions

(5)

The chief executive of MBIE may, in exceptional circumstances related to preventing, and limiting the risk of, the outbreak or spread of COVID-19, allow the person’s period of isolation or quarantine to end up to 7 days later than it would otherwise end under this clause.

(6)

In subclause (5), exceptional circumstances may include where an individual or group is unable to self-isolate in accordance with Part 1C.

Clause 10(1)(a): amended, at 11.59 pm on 23 December 2021, by clause 9(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

Clause 10(1)(a): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 10(1)(aa): revoked at 11.59 pm on 23 December 2021, by clause 9(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

Clause 10(1)(b): amended, at 11.59 pm on 23 December 2021, by clause 9(3) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

Clause 10(1)(b): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 10(1)(b): amended, at 11.59 pm on 13 November 2021, by clause 4(2) of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

Clause 10(2)(a): amended, at 11.59 pm on 4 October 2020, by clause 15(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 10(3): replaced, at 11.59 pm on 4 October 2020, by clause 15(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 10(3A): inserted, at 11.59 pm on 4 October 2020, by clause 15(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 10(5) heading: inserted, at 11.59 pm on 13 November 2021, by clause 4(3) of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

Clause 10(5): inserted, at 11.59 pm on 13 November 2021, by clause 4(3) of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

Clause 10(6): inserted, at 11.59 pm on 13 November 2021, by clause 4(3) of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

11 Early end to period of isolation or quarantine for certain people

(1)

This clause provides for certain people’s period of isolation or quarantine to end earlier than provided in clause 10(1).

Exception for practical departure time

(2)

If a person is isolated or quarantined at an MIQF, the site manager may end their period of isolation or quarantine no more than 6 hours before it would otherwise end under clause 10(1) if satisfied that—

(a)

it is a practical time for the person to leave the MIQF; and

(b)

the person meets the low-risk indicators, based on the advice of a suitably qualified health practitioner.

Exception for people on short-term stay

(3)

Subclause (4) applies to a person who is scheduled to depart from New Zealand during the period under clause 10(1) (a scheduled departer), other than—

(a)

a person who arrived in New Zealand as an aircrew member; or

(b)

a person who assisted, or is to assist, as a medical attendant as described by subclause (4A)(b).

(4)

Their period of isolation or quarantine ends 12 hours before their scheduled departure as long as—

(a)

they—

(i)

have been in New Zealand for less than 72 hours; or

(ii)

have been in New Zealand for 72 hours or more and the chief executive is satisfied, based on the advice of a suitably qualified health practitioner, that they meet the low-risk indicators; and

(b)

they leave their place of isolation or quarantine only to travel to the place of departure and depart accordingly.

Exception for overseas-based aircrew and medical attendants

(4A)

Subclause (4B) applies to a scheduled departer who—

(a)

arrived in New Zealand as an overseas-based aircrew member; or

(b)

is not ordinarily resident in New Zealand and arrived in New Zealand by air—

(i)

while assisting, as a medical attendant, with a medical air transfer to New Zealand; or

(ii)

to assist, as a medical attendant, with a medical air transfer from New Zealand.

(4B)

Their period of isolation or quarantine ends 12 hours before their scheduled departure from New Zealand, as long as they leave their place of isolation or quarantine only to travel to the place of departure and depart accordingly.

(4C)

A scheduled departer whose period of isolation or quarantine ends under subclause (4) or (4B) must comply with any directions of the chief executive (given on the advice of a medical officer of health or a health protection officer) relating to the travel of the scheduled departer to the place of departure.

Exception for New Zealand-based aircrew

(4D)

If a person who arrived in New Zealand as a New Zealand-based aircrew member is isolated or quarantined at an MIQF, the chief executive may end that person’s period of isolation or quarantine earlier than it would otherwise end under clause 10(1) if satisfied—

(a)

that it is a practical time for the person to leave the MIQF; and

(b)

that, based on the advice of a medical officer of health, the aircrew member meets the low-risk indicators.

Exception for certain maritime crew

(5)

See also the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020, which provides for an early end to the period of isolation or quarantine for certain people.

Exception for certain arrivals from Samoa, Tokelau, Tonga, or Vanuatu

(6)

Subclause (7) applies to a person who arrived in New Zealand by air from Samoa, Tokelau, Tonga, or Vanuatu before 11.59 pm on 7 November 2021.

(7)

The chief executive of MBIE may end the person’s period of isolation or quarantine earlier than it would otherwise end under clause 10(1) if satisfied—

(a)

that the person has not, during the period of 14 days before 8 November 2021, been in any country other than New Zealand, Samoa, Tokelau, Tonga, or Vanuatu; and

(b)

that the person meets the low-risk indicators, based on the advice of a suitably qualified health practitioner.

Clause 11(2): amended, at 11.59 pm on 16 January 2022, by clause 10(1) of the COVID-19 Public Health Response (Isolation and Quarantine and Other Matters) Amendment Order 2021 (SL 2021/428).

Clause 11(3): replaced, at 11.59 pm on 4 October 2020, by clause 16(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 11(3) heading: amended, at 11.59 pm on 20 December 2020, by clause 11(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 11(3): amended, at 11.59 pm on 20 December 2020, by clause 11(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 11(3)(a): replaced, at 11.58 pm on 16 January 2022, by clause 27(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 11(4)(a)(ii): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 11(4A) heading: inserted, at 11.59 pm on 4 October 2020, by clause 16(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 11(4A): replaced, at 11.58 pm on 16 January 2022, by clause 27(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 11(4B): replaced, at 11.59 pm on 20 December 2020, by clause 11(3) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 11(4C): inserted, at 11.59 pm on 4 October 2020, by clause 16(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 11(4C): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 11(4D) heading: inserted, at 11.59 pm on 30 June 2021, by clause 4 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order 2021 (LI 2021/163).

Clause 11(4D): replaced, at 11.58 pm on 16 January 2022, by clause 27(3) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 11(6) heading: inserted, at 11.59 pm on 7 November 2021, by clause 4 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 4) 2021 (SL 2021/357).

Clause 11(6): inserted, at 11.59 pm on 7 November 2021, by clause 4 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 4) 2021 (SL 2021/357).

Clause 11(7): inserted, at 11.59 pm on 7 November 2021, by clause 4 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 4) 2021 (SL 2021/357).

12 Place of isolation or quarantine

(1)

A person’s place of isolation or quarantine means the high-risk MIQF or low-risk MIQF that is allocated to the person—

(a)

by the chief executive; and

(b)

after a suitably qualified health practitioner determines, in accordance with any guidelines provided by the Director-General, whether the person should be allocated a high-risk MIQF or low-risk MIQF.

(2)

However, a medical officer of health may instead determine for any reason (for example, for medical evacuation) that a person’s place of isolation or quarantine is any other facility or place.

(2A)

In determining that a person’s place of isolation or quarantine is any other facility or place under subclause (2), the medical officer of health must consider—

(a)

relevant individual and operational implications; and

(b)

whether the other facility or place is able to meet the person’s particular physical or other needs.

(3)

A medical officer of health need not consider making a determination under subclause (2) for a person if the chief executive

(a)

consults, and considers the advice of, a suitably qualified health practitioner or of a person who is registered or licensed as an equivalent health professional overseas; and

(b)

determines that the person does not have particular physical or other needs that require another type of facility or place.

Clause 12(1)(a): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

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

Clause 12(3): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

13 Leaving place of isolation or quarantine

(1)

A person is permitted to leave their room at their place of isolation or quarantine to visit a fellow resident.

(2)

A person leaving their room at their place of isolation or quarantine under this clause must comply with any directions of, or conditions imposed by, the chief executive.

Clause 13: replaced, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

14 Leaving place of isolation or quarantine with special authorisation

(1)

A person is also permitted to leave their room at their place of isolation or quarantine—

(a)

to assist or accompany a fellow resident to travel somewhere under any provision in section 32P(1)(b) to (f) of the Act; or

(b)

for any exceptional reason.

(2)

However, the person may leave only—

(a)

if authorised by the chief executive; and

(b)

in accordance with the conditions (if any) imposed by the chief executive.

(3)

The chief executive must not authorise a person to leave under this clause unless—

(a)

the risk assessment tool indicates that the person’s leaving would not create a high risk of the outbreak or spread of COVID-19; and

(b)

if paragraph (a) is satisfied, the chief executive—

(i)

consults a medical officer of health, and takes into account their advice, about—

(A)

the effect that the person’s leaving might have on the risk of the outbreak or spread of COVID-19; and

(B)

any conditions required to minimise that risk; and

(ii)

is satisfied, based on the advice of a suitably qualified health practitioner, that the person meets the low-risk indicators; and

(iii)

is satisfied that the person will comply with any conditions of the authorisation.

(4)

In this clause, risk assessment tool means a risk matrix that—

(a)

is approved by the Director-General, including as updated at any time; and

(b)

assesses the risk of the outbreak or spread of COVID-19 by taking into account matters such as the following:

(i)

the risk caused by any activity for which the person seeks to leave their place of isolation or quarantine:

(ii)

the results of any medical examination and testing of the person or any other relevant person:

(iii)

the length of time for which the person has been isolated or quarantined:

(iv)

the risk profile of the country or countries from which the person arrived:

(v)

any international airports or ports to which the person has been on the way to New Zealand:

(vi)

any potential exposure of the person to COVID-19 before arriving in New Zealand (for example, from working in healthcare or being somewhere without controls on community transmission):

(vii)

the length of time for which the person will leave their place of isolation or quarantine.

Clause 14(1)(a): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 14(2)(a): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 14(2)(b): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 14(3): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

14A Designation of relevant persons as fellow residents

(1)

The site manager of an MIQF may designate a relevant person as the fellow resident of another relevant person if—

(a)

they were fellow travellers when they arrived in New Zealand; or

(b)

the site manager is satisfied that the designation would be appropriate for the purposes of keeping connections with family or whānau or enabling caregiving or support.

(2)

In this clause, 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.

Clause 14A: inserted, at 11.59 pm on 4 October 2020, by clause 18 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15 Caregivers of children and other vulnerable people

(1)

A caregiver of a vulnerable person may join them at their place of isolation or quarantine, to care for them, if authorised by the chief executive.

(2)

A caregiver who joins a vulnerable person in accordance with the authorisation—

(a)

is to be treated as being a relevant person, and a fellow resident of the vulnerable person, for the purposes of this Part; and

(b)
[Revoked]

(c)

has the following start time for the purposes of clause 10:

(i)

the same start time as the vulnerable person, but only if the chief executive is satisfied, based on the advice of a suitably qualified health practitioner, that the caregiver meets the low-risk indicators when joining the vulnerable person; or

(ii)

the time and date of their joining the vulnerable person, otherwise.

(2A)

This clause does not apply to a caregiver if they are a relevant person independently of this clause.

(3)

In this clause, vulnerable person includes—

(a)

a child, meaning a person who is younger than 18 years of age; and

(b)

a person who is elderly or has a disability.

Clause 15 heading: amended, at 11.59 pm on 4 October 2020, by clause 19(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(1): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 15(1): amended, at 11.59 pm on 4 October 2020, by clause 19(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(2)(a): replaced, at 11.59 pm on 4 October 2020, by clause 19(3) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(2)(b): revoked, at 11.59 pm on 4 October 2020, by clause 19(3) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(2)(c): amended, at 11.59 pm on 4 October 2020, by clause 19(4) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(2)(c)(i): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 15(2A): inserted, at 11.59 pm on 4 October 2020, by clause 19(5) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15A Power for Minister to grant exemptions from this Part

(1)

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

(a)

the exemption (together with any conditions) is not inconsistent with the purpose of the Act; and

(b)

the exemption is necessary to facilitate a Government-approved event, or a major Government-approved programme, within the meaning of the relevant immigration instructions; and

(c)

the extent of the exemption is not broader than is reasonably necessary to facilitate that event or programme.

(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 is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(5)

In this clause, relevant immigration instructions means the immigration instructions (as in force from time to time) that—

(a)

are certified under section 22 of the Immigration Act 2009; and

(b)

relate to the grant of temporary entry class visas.

Legislation Act 2019 requirements for secondary legislation made under this clause
PublicationThe maker must: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• notify it in the Gazette
• publish it on a publicly accessible Internet site maintained by, or on behalf of, the New Zealand Government
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.

Clause 15A: inserted, at 11.59 pm on 20 September 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Clause 15A(4): replaced, on 28 October 2021, by regulation 110 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Part 1A Requirements for self-isolation by relevant workers

Part 1A: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15B Part applies to relevant workers

(1)

This Part applies to a person (a relevant worker) who—

(a)

is required by the Air Border Order to be isolated or quarantined in accordance with this order; and

(b)
[Revoked]

(c)

is any of the following:

(i)

a relevant crew member:

(ii)

a relevant medical attendant:

(iii)

a Police escort.

(2)

However, this Part does not apply to the extent provided in clauses 15DA and 15DB.

(3)

In this Part,—

Police escort means a Police escort to whom clause 18 of the Air Border Order applied (duties in connection with extradition to or deportation from New Zealand) on their arrival in New Zealand

relevant crew member means a person who arrived in New Zealand as a New Zealand-based aircrew member and who travelled on a higher-risk route (within the meaning of the Air Border Order) within the 7 days immediately before that arrival

relevant medical attendant means a person who is ordinarily resident in New Zealand and who, on arrival by air in New Zealand,—

(a)

was assisting, as a medical attendant, with a medical air transfer to New Zealand; or

(b)

was returning from assisting, as a medical attendant, with a medical air transfer from New Zealand.

Clause 15B: replaced, at 11.59 pm on 20 December 2020, by clause 14 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 15B relevant crew member paragraph (b): revoked, at 11.59 pm on 18 April 2021, by clause 34 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2021 (LI 2021/73).

Clause 15B(1)(b): revoked, at 11.58 pm on 16 January 2022, by clause 28(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 15B(3) Police escort: amended, at 11.58 pm on 16 January 2022, by clause 28(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 15B(3) relevant crew member: replaced, at 11.58 pm on 16 January 2022, by clause 28(3) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 15B(3) relevant medical attendant: amended, at 11.58 pm on 16 January 2022, by clause 28(4) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

15C Requirement to notify Ministry of Health

(1)

Before departing from the security designated aerodrome at which they arrive in New Zealand, a relevant worker must notify the Ministry of Health, in the manner approved by the Director-General, of—

(a)

the address of the residence or other accommodation that they intend to be their place of self-isolation; and

(b)

an email address and telephone number at which they may be contacted.

(2)

In this clause, security designated aerodrome has the meaning given by section 2(1) of the Civil Aviation Act 1990.

Clause 15C: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15C(1): amended, at 11.59 pm on 20 December 2020, by clause 15 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15D Requirements for self-isolation

(1)

A relevant worker must comply with the requirements set out in this clause throughout their period of self-isolation.

(2)

They must remain at the accommodation notified to the Ministry of Health as their place of self-isolation, except as permitted by this Part.

(3)

They must maintain physical distancing (to the greatest extent practicable) from every person in or outside their place of self-isolation.

(4)

They must not permit any other person to enter their accommodation unless—

(a)

the place is a residence at which the other person lives; or

(b)

the entry is for the purposes of preserving or protecting the relevant worker’s or another person’s life, health, or safety in an emergency.

(5)

They must wear personal protective equipment at all times (to the greatest extent practicable) when outside their place of self-isolation.

Clause 15D: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15DA Part 1 applies if relevant worker had high risk of exposure to COVID-19

(1)

A relevant worker who is determined to have had a high risk of exposure to COVID-19 during their most recent absence from New Zealand is, on their arrival in New Zealand by air, subject to Part 1 (isolation and quarantine) rather than this Part.

(2)

A relevant worker is determined to have had a high risk of exposure to COVID-19 during their most recent absence from New Zealand if—

(a)

a medical officer of health has assessed that there is a high risk that, during that absence, the worker has been exposed to COVID-19; and

(b)

that assessment was made by the medical officer of health no earlier than 7 days before the relevant worker’s arrival by air in New Zealand.

Clause 15DA: inserted, at 11.59 pm on 20 December 2020, by clause 16 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15DB Other circumstances in which Part 1 applies
Relevant crew members

(1)

A relevant crew member is subject to Part 1 rather than this Part if they—

(a)

were outside New Zealand (other than in a QFT place) 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 (other than in a QFT place) within the 7 days immediately before that arrival (see clause 24 of the Air Border Order).

(2)

A relevant crew 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 relevant crew member.

Relevant workers

(3)

A relevant worker is subject to Part 1 (isolation and quarantine) rather than this Part if a suitably qualified health practitioner responsible for the medical examination and testing of the worker under clause 8(2) of the Air Border Order is not satisfied that the worker is at a low risk of having or transmitting COVID-19 (see clause 21 of the Air Border Order).

(4)

A relevant worker is subject to Part 1 rather than this Part 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 anywhere outside New Zealand except for a QFT place, the worker has failed to meet 1 or more of the relevant key safety standards (see clause 25 of the Air Border Order).

(5)

In this clause, QFT place has the meaning given by the COVID-19 Public Health Response (Air Border) Order (No 2) 2020, and includes an aircraft undertaking a QFT flight (within the meaning of that order).

Clause 15DB: inserted, at 11.59 pm on 20 December 2020, by clause 16 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 15DB(1)(a): amended, at 11.59 pm on 18 April 2021, by clause 35(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2021 (LI 2021/73).

Clause 15DB(1)(b): amended, at 11.59 pm on 18 April 2021, by clause 35(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2021 (LI 2021/73).

Clause 15DB(2)(b)(ii): amended, at 11.58 pm on 16 January 2022, by clause 29 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2).

Clause 15DB(4): amended, at 11.59 pm on 18 April 2021, by clause 35(3) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2021 (LI 2021/73).

Clause 15DB(5): inserted, at 11.59 pm on 18 April 2021, by clause 35(4) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2021 (LI 2021/73).

15DC Key safety standards

The key safety standards, for a relevant crew member, a relevant medical attendant, or a Police escort, are set out in the relevant part of Schedule 2.

Clause 15DC: inserted, at 11.59 pm on 20 December 2020, by clause 16 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15E Period of self-isolation

A relevant worker’s period of self-isolation is the period—

(a)

commencing as soon as practicable after they arrive in New Zealand; and

(b)

ending when they receive a negative result from the medical examination and testing they are required to undergo by this Part (but ending no later than 14 days after the time and date of their arrival in New Zealand).

Clause 15E: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15F Medical examination and testing

(1)

A relevant worker must report for, and undergo, medical examination and testing for COVID-19 after at least 48 hours have passed since the time and date of their arrival in New Zealand.

(2)

That medical examination and testing must involve taking nose swabs or mouth swabs (or both).

Clause 15F: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15G Leaving place of self-isolation

A relevant worker is permitted to leave the accommodation notified to the Ministry of Health as their place of self-isolation—

(a)

to report for, and undergo, medical examination and testing required by this Part; or

(ab)

to do any outdoor exercise (except at any shared exercise facility, such as a swimming pool); or

(b)

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

(c)

to access medical services; or

(d)

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

(e)

if a medical officer of health is satisfied that they need to leave to move to another place for isolation or quarantine (for example, for temporary or emergency care while they are sick); or

(f)

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

(i)

a court order; or

(ii)

any other obligation imposed by or under an enactment.

Clause 15G: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15G(a): amended, at 11.59 pm on 24 September 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 2) 2021 (LI 2021/264).

Clause 15G(ab): inserted, at 11.59 pm on 20 December 2020, by clause 17 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Part 1B Self-isolation by participants in programme

Part 1B: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GA Interpretation

In this Part, unless the context otherwise requires,—

fellow traveller participant, in relation to a participant (participant A), means another person who has been approved by the chief executive as a participant who must self-isolate at the same place of self-isolation as participant A after arriving in New Zealand with participant A

participant means a person who—

(a)

is a New Zealand citizen or permanent resident, or a resident who must be granted entry permission, as those terms are defined by section 4 of the Immigration Act 2009; and

(b)

is vaccinated; and

(c)

on application, and at the chief executive’s discretion, has been approved by the chief executive as a participant in the self-isolation programme; and

(d)

has agreed to the conditions of the self-isolation programme as set by the chief executive

period of self-isolation, for a participant, has the meaning given by clause 15GG

place of self-isolation, for a participant, means a property or unit that includes a residence or other accommodation and at which they must self-isolate, as approved by the chief executive—

(a)

when the person was approved as a participant; or

(b)

if the person is moved under clause 15GH(1)(c)(ii)

requirements of the self-isolation programme has the meaning given by clause 15GB(2)

self-isolation programme means a self-isolation pilot programme operated by the chief executive for the purposes of this Part.

Clause 15GA: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

Clause 15GA chief executive: revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 15GA vaccinated: revoked, on 26 November 2021, by section 18 of the COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51).

Subpart 1—Requirements for self-isolation by participants

Subpart 1: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GB Subpart applies to participants

(1)

This subpart applies to a participant who is required by the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 to be isolated or quarantined in accordance with this order.

(2)

The participant must comply with the following (the requirements of the self-isolation programme):

(a)

the requirements of this subpart; and

(b)

any condition of the self-isolation programme to which they agreed (see clause 15GA, paragraph (d) of the definition of participant).

(3)

However, this subpart no longer applies to the participant in the situations described by clause 15GI(1).

(4)

To avoid doubt, a breach of a condition described by subclause (2)(b) is a breach of this order.

Clause 15GB: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GC Remaining at place of self-isolation and other restrictions

(1)

A participant must comply with the requirements of this clause throughout their period of self-isolation.

(2)

They must remain at their place of self-isolation, except as permitted by this subpart.

(3)

They must maintain physical distancing (to the greatest extent practicable) from all other persons except any fellow traveller participant.

(4)

They must not permit anyone to enter their place of self-isolation except—

(a)

any fellow traveller participant; or

(b)

someone who needs to enter—

(i)

for contactless delivery of goods while wearing a face covering; or

(ii)

to provide any necessary medical services, including any test for COVID-19; or

(iii)

to preserve or protect their own or another person’s life, health, safety, or property in an emergency; or

(c)

someone who—

(i)

is vaccinated, or is not vaccinated but who the chief executive is satisfied must enter to do something that—

(A)

is unanticipated, time-critical, and necessary to ensure that the participant can remain in the self-isolation programme or their place of self-isolation; and

(B)

cannot be done by a person who is vaccinated; and

(ii)

enters in accordance with the chief executive’s authorisation and any directions or conditions relating to the authorisation.

(5)

They may go outside at their place of self-isolation, including to exercise, if the outside area is—

(a)

within the boundary of the property or unit that is the place of self-isolation; and

(b)

used only by those allowed to enter the place of self-isolation throughout the participant’s period of self-isolation.

(6)

They—

(a)

must wear a face covering at all times when outside at their place of self-isolation, including when exercising; but

(b)

may remove the face covering to smoke or to vape (as those terms are defined by section 2 of the Smokefree Environments and Regulated Products Act 1990).

(7)

They must wear personal protective equipment, in the manner directed (to the greatest extent practicable),—

(a)

at all times if they leave their place of self-isolation; and

(b)

at any other times that they are directed to do so.

(8)

In this clause,—

contactless delivery means delivery while maintaining physical distancing from all other persons

directed means directed by—

(a)

a medical officer of health or a health protection officer; or

(b)

the chief executive, based on the advice of the Director-General

face covering means a covering of any type that covers the nose and mouth of a person.

Clause 15GC: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GD Medical examination and testing

A participant must report for, and undergo, medical examination and testing for COVID-19 at any time throughout their period of self-isolation, as directed by—

(a)

a medical officer of health or a health protection officer; or

(b)

the chief executive, based on the advice of the Director-General.

Clause 15GD: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GE Monitoring of compliance

To avoid doubt, a participant must comply with any condition of the self-isolation programme to which they agreed that requires monitoring to ensure that they remain at their place of self-isolation.

Clause 15GE: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GF Notice must be displayed at place of self-isolation

(1)

A participant must ensure that a notice is clearly displayed at every entry point to—

(a)

their residence or other accommodation at their place of self-isolation; and

(b)

their place of self-isolation, if the boundary of the property or unit extends beyond the residence or other accommodation.

(2)

The notice must—

(a)

be provided to the participant by the chief executive; and

(b)

include statements that—

(i)

the location is a place of self-isolation under this order; and

(ii)

it is an offence to intentionally enter the place of self-isolation without being permitted to do so by this order.

Clause 15GF: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GG Period of self-isolation

(1)

A participant’s period of self-isolation is the period—

(a)

commencing as soon as practicable after they arrive in New Zealand; and

(b)

ending at the same time of day as, but on the 10th day after, they arrived in New Zealand if the chief executive is satisfied that the participant meets the low-risk indicators, as determined—

(i)

as close as is reasonably practicable to the end of that period; and

(ii)

based on the advice of a suitably qualified health practitioner.

(2)

However, their period of self-isolation ends—

(a)

later after any longer period that—

(i)

is needed to satisfy the chief executive, based on the advice of a suitably qualified health practitioner, that the participant meets the low-risk indicators; but

(ii)

ends no later than the same time of day as, but on the 20th day after, they arrived in New Zealand; or

(b)

immediately if clause 15GI applies (and Part 1 applies instead of this subpart).

Clause 15GG: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

Clause 15GG(1)(b): amended, at 11.59 pm on 13 November 2021, by clause 5(1) of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

Clause 15GG(2)(a)(ii): amended, at 11.59 pm on 13 November 2021, by clause 5(2) of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GH Leaving place of self-isolation

(1)

A participant is permitted to leave their place of self-isolation—

(a)

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

(b)

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

(c)

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

(i)

to access medical services; or

(ii)

to move to another place of self-isolation; or

(iii)

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

(iv)

for any exceptional reason; or

(d)

if required by the chief executive, based on the advice of the Director-General, to leave to undergo a test for COVID-19; or

(e)

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

(2)

However, a participant leaving their place of self-isolation under this clause must comply with any directions of, or conditions imposed by, the chief executive.

Clause 15GH: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GI Isolation or quarantine may replace self-isolation

(1)

This clause applies if a participant—

(a)

breaches any requirement of the self-isolation programme; or

(b)

is moved to a place of isolation or quarantine under clause 15GH(1)(c)(iii).

(2)

The participant becomes subject to Part 1 instead of this subpart, and must be isolated or quarantined in accordance with that Part.

(3)

To avoid doubt, the person’s start time is defined by clause 10(2) (so that their period of self-isolation is counted towards their period of isolation or quarantine under that clause).

Clause 15GI: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

Subpart 2—Requirements for employers and people entering place of self-isolation

Subpart 2: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GJ Requirement for employers

The employer of a participant must take all reasonable steps to ensure that the participant complies with the requirements of the self-isolation programme.

Clause 15GJ: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

15GK Requirement for people entering place of self-isolation

A person must not enter the place of self-isolation of any participant unless their entry is permitted by clause 15GC(4).

Clause 15GK: inserted, at 11.59 pm on 29 October 2021, by clause 5 of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313).

Part 1C Self-isolation after period of isolation or quarantine ends until return of day 9 negative test

Part 1C: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GL Interpretation

In this Part, unless the context otherwise requires,—

day 9, for a person, means the 9th day after their start time under clause 10

period of self-isolation under this Part, for a person, means the period starting when subpart 1 starts to apply to them under clause 15GM and ending when subpart 1 ceases to apply to them under clause 15GN

place of self-isolation, for a person, means the place referred to in clause 15GO.

Clause 15GL: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

Subpart 1—Requirements for self-isolation

Subpart 1: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GM Application of this subpart

This subpart applies to a person on and after they leave an MIQF if they are granted a special authorisation under clause 14 on condition that they report for, and undergo, medical examination and testing for COVID-19 on day 9.

Clause 15GM: replaced, at 11.59 pm on 23 December 2021, by clause 10 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

15GN Period of self-isolation

This subpart ceases to apply to a person after they receive a negative result of their COVID-19 test taken on or after day 9.

Clause 15GN: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GO Requirement to notify Ministry of Health

(1)

The person must notify the Ministry of Health, in the manner approved by the Director-General, of—

(a)

the address of the residence or other accommodation that they intend to be their place of self-isolation under this Part; and

(b)

an email address and telephone number at which they may be contacted.

(2)

The person must give that notification—

(a)

before departing from their place of isolation or quarantine; and

(b)

as soon as practicable after moving to another place of self-isolation or temporary or emergency care under clause 15GS(d).

Clause 15GO: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GP Requirements for self-isolation

(1)

A person must comply with the requirements set out in this clause throughout their period of self-isolation.

(2)

They must remain at the accommodation notified to the Ministry of Health as their place of self-isolation, except as permitted by this subpart.

(3)

They must have cell-phone coverage, a landline number, or access to the Internet to enable contact with the Ministry of Health if required.

(4)

They must have access to a place that the Ministry of Health recognises as a community testing centre or other testing place for COVID-19 that enables them to report for, and undergo, medical examination and testing for COVID-19 as required by this subpart.

(5)

They must not permit any other person to enter their accommodation unless the entry is for the purposes of—

(a)

preserving or protecting the person’s or another person’s life, health, or safety in an emergency; or

(b)

permitting someone who needs to enter for contactless delivery of goods while wearing a face covering (as those terms are defined in clause 15GC); or

(c)

home-help services (excluding cleaning services) for persons who require assistance because of sickness or disability.

Clause 15GP: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GQ Travel from MIQF to place of self-isolation

After departing from an MIQF, the person must travel as quickly and directly as is reasonably practicable to their place of self-isolation.

Clause 15GQ: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GR Medical examination and testing

The person must report for, and undergo, medical examination and testing for COVID-19—

(a)

on day 9; and

(b)

at any other time during their period of self-isolation under this Part as directed by a medical officer of health or a health protection officer.

Clause 15GR: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GS Remaining at place of self-isolation

(1)

A person to whom this subpart applies is permitted to leave their place of self-isolation only—

(a)

to report for, and undergo, medical examination and testing for COVID-19 as required by clause 15GR; or

(b)

to access an essential health service for treatment that cannot be deferred until after the end of their period of self-isolation under this Part; or

(c)

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

(d)

if necessary to preserve their own or any other person’s life, health, or safety, to move to another place of self-isolation or temporary or emergency care; or

(e)

to visit a dying relative who is not expected to live beyond the person’s period of self-isolation under this Part; or

(f)

to visit the body of a relative before a funeral or tangihanga, if they will not be able to visit the body after the period of self-isolation under this Part has ended.

(2)

However, subclause (1)(e) and (f) does not permit the person to attend a funeral or tangihanga.

Clause 15GS: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

Subpart 2—Other matters

Subpart 2: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GT Requirement for other residents

Any other resident of a place of self-isolation under this Part must not permit any other person to enter their accommodation unless the entry is for a purpose referred to in clause 15GP(5).

Clause 15GT: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

15GU Power for Minister to grant exemptions from this Part

(1)

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

(a)

the exemption (together with any conditions) is not inconsistent with the purpose of the Act; and

(b)

the exemption is necessary to facilitate a Government-approved event, or a major Government-approved programme, within the meaning of the relevant immigration instructions (as defined in clause 15A(5)); and

(c)

the extent of the exemption is not broader than is reasonably necessary to facilitate that event or programme.

(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 is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this clause
PublicationThe maker must publish it in accordance with the Legislation (Publication) Regulations 2021LA19 s 74(1)(aa)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114
DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116
This note is not part of the secondary legislation.

Clause 15GU: inserted, at 11.59 pm on 13 November 2021, by clause 6 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

Part 2 Management of isolation and quarantine facilities

Part 2 heading: replaced, at 11.59 pm on 9 April 2021, by clause 6 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2021 (LI 2021/62).

Subpart 1—Management of MIQF allocations

[Revoked]

Subpart 1: revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

15H Interpretation
[Revoked]

Clause 15H: revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

15I Chief executive responsible for operation of managed isolation allocation system
[Revoked]

Clause 15I: revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

15J Issue of confirmed allocations
[Revoked]

Clause 15J: revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

15K Online allocations
[Revoked]

Clause 15K: revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

15L Offline allocations
[Revoked]

Clause 15L: revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

15M Amendment and cancellation of allocations
[Revoked]

Clause 15M: revoked, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Subpart 2—Management of MIQF security

Subpart 2 heading: inserted, at 11.59 pm on 9 April 2021, by clause 6 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2021 (LI 2021/62).

16 Appointment of site managers

The chief executive may appoint a person as the site manager or deputy site manager of an MIQF if—

(a)

the person is employed or engaged by the Crown; and

(b)

the chief executive considers that the person is suitably qualified to manage an MIQF.

Clause 16: amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

17 Restriction on entry to MIQF

(1)

A person must not enter an MIQF unless—

(a)

the site manager has approved their entry (subject to any reasonable conditions); or

(b)

they are authorised or required by law to enter the MIQF.

(2)

However, a person who is not otherwise authorised or required by law to enter an MIQF may do so without approval if—

(a)

they need to enter to preserve or protect a person’s life, health, or safety in an emergency; and

(b)

it is not reasonably practicable to obtain approval.

18 Duty to remain at MIQF for risk assessment

(1)

A person who enters an MIQF in breach of clause 17 must remain at the MIQF for as long as is reasonably required by the site manager in order for—

(a)

a suitably qualified health practitioner to assess whether the person is at risk of having been exposed to COVID-19 as a result of their entry; and

(b)

if the health practitioner determines that the person is at risk of having been exposed, a medical officer of health—

(i)

to be advised; and

(ii)

to determine whether to exercise, in relation to the person, a power conferred on the officer by or under an enactment.

(2)

To avoid doubt, subclause (1) does not empower the site manager or the health practitioner to require the person to undergo a medical examination or testing of any kind.

19 Revocation
[Revoked]

Clause 19: revoked, at 11.59 pm on 9 April 2021, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2021 (LI 2021/62).

Part 3 Infringement offences

Part 3: inserted, on 4 December 2021, by clause 10 of the COVID-19 Public Health Response (Infringement Offences) Amendment Order 2021 (SL 2021/387).

19 Interpretation

In this Part,—

high risk offence means the high risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021

medium risk offence means the medium risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021.

Clause 19: inserted, on 4 December 2021, by clause 10 of the COVID-19 Public Health Response (Infringement Offences) Amendment Order 2021 (SL 2021/387).

20 Infringement offences

(1)

A breach of clause 8, 15D, 17, or 18 is an infringement offence for the purposes of section 26(3) of the Act.

(2)

An infringement offence against—

(a)

clause 8, 15D, or 18 is a high risk offence:

(b)

clause 17 is a medium risk offence.

(3)

The penalties for the offences are set out in regulation 5(2) and (3) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021 for those classes of offence.

Clause 20: inserted, on 4 December 2021, by clause 10 of the COVID-19 Public Health Response (Infringement Offences) Amendment Order 2021 (SL 2021/387).

Schedule 1 Transitional, savings, and related provisions

cl 5

Part 1 Provisions relating to this order as made

1 Meaning of references to former orders

In this Part,—

former border order means—

(a)

the COVID-19 Public Health Response (Air Border) Order 2020 (the former air border order); and

(b)

Former border orders

2 People isolated or quarantined under former border orders

(1)

This clause applies to a person if, immediately before the commencement of this order, they were still required to be isolated or quarantined—

(a)

in accordance with clause 7(1)(b) and (c) of the former air border order; or

(b)

in a managed facility in accordance with clause 20(2) of the former maritime border order.

(2)

The requirements in Part 1 of this order apply in place of the requirements for isolation or quarantine in the former border orders, and—

(a)

the person is a relevant person under this order; and

(b)

the period for which the person must be isolated or quarantined is determined by this order; but

(c)

the person’s place of isolation or quarantine determined under the former border order must be treated as if it were their place of isolation or quarantine under this order.

3 High-risk MIQFs and low-risk MIQFs

A facility that, immediately before the commencement of this order,—

(a)

was a high risk facility under a former border order must be treated as if it were a high-risk MIQF under this order:

(b)

was a low risk facility under a former border order must be treated as if it were a low-risk MIQF under this order.

4 Existing authorisations, conditions, and directions

Any authorisation given, condition imposed, or direction made in accordance with a former border order, as it relates to requirements for isolation or quarantine described by clause 2(1) of this schedule, must be treated as if it were given, imposed, or made in accordance with Part 1 of this order.

Former security order

5 Existing appointments, approvals, conditions, and requirements

Any appointment made, approval given, or condition or requirement imposed in accordance with the former security order must be treated as if it were made, given, or imposed in accordance with Part 2 of this order.

Part 2 Provisions relating to COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021

Schedule 1 Part 2: inserted, at 11.59 pm on 13 November 2021, by clause 7 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

6 This Part applies to existing people in MIQF

This Part applies to every person who immediately before 11.59 pm on 13 November 2021 has an existing duty to be isolated or quarantined in accordance with Part 1 of this order (existing people in MIQF).

Schedule 1 clause 6: inserted, at 11.59 pm on 13 November 2021, by clause 7 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

7 Reductions in period of isolation and quarantine under Part 1 apply to existing people in MIQF

The amendments to clauses 10 and 15GG of this order made by the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 apply to existing people in MIQF subject to clause 8 of this schedule.

Schedule 1 clause 7: inserted, at 11.59 pm on 13 November 2021, by clause 7 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

8 Allowing for co-ordinated, orderly, and proportionate departure from MIQF between 14 and 17 November 2021

(1)

The chief executive of MBIE may, for the purpose of preventing, and limiting the risk of, the outbreak or spread of COVID-19, require a person who is in an MIQF immediately before 11.59 pm on 13 November 2021 to remain in an MIQF, after their period of isolation and quarantine would otherwise end under clause 10 of this order, for as long as is reasonably necessary to enable a co-ordinated, orderly, and proportionate departure from that MIQF.

(2)

In that case, the requirements of Part 1 of this order that applied to them immediately before 11.59 pm on 13 November 2021 continue to apply to them until the chief executive of MBIE otherwise directs or until 11.59 pm on 17 November 2021, whichever is the earlier.

(3)

This clause ceases to apply at 11.59 pm on 17 November 2021.

Schedule 1 clause 8: inserted, at 11.59 pm on 13 November 2021, by clause 7 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

9 Part 1C applies to existing people in MIQF who leave on days 7 to 9

Part 1C of this order applies after departure from an MIQF—

(a)

to existing people in MIQF who leave the MIQF on day 7; and

(b)

to existing people in MIQF who leave the MIQF on day 8 or day 9, in the same way as Part 1C would apply if they had left on day 7.

Schedule 1 clause 9: inserted, at 11.59 pm on 13 November 2021, by clause 7 of the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365).

Part 3 Provisions relating to COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 5) 2021

Schedule 1 Part 3: inserted, at 11.59 pm on 1 December 2021, by clause 7(a) of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 5) 2021 (SL 2021/389).

10 Persons undergoing period of isolation or quarantine on commencement of Amendment Order

(1)

In respect of any person who, immediately before the commencement of the Amendment Order, was undergoing a period of isolation or quarantine, this order applies as amended by the Amendment Order whether their start time within the meaning of clause 10(2) was—

(a)

before 11.59pm on 28 November 2021 (being the commencement of the amendment to the list of very high risk countries in Schedule 3 of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 by the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 14) 2021); or

(b)

at any other time before the commencement of the Amendment Order.

Schedule 1 clause 10: inserted, at 11.59 pm on 1 December 2021, by clause 7(a) of the COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 5) 2021 (SL 2021/389).

Part 4 Provisions relating to COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021

Schedule 1 Part 4: inserted at 11.59 pm on 23 December 2021, by clause 11(a) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

11 Persons undergoing period of isolation or quarantine under clause 10(1)(a) on commencement of Amendment Order

(1)

This clause applies to every person (a person with an existing duty)—

(a)

who immediately before 11.59 pm on 23 December 2021 has an existing duty to be isolated or quarantined in accordance with Part 1 of this order; and

(b)

to whom, immediately before 11.59 pm on 23 December 2021, clause 10(1)(a) of this order applies.

(2)

The requirements in Parts 1 and 1C of this order that applied to persons with an existing duty immediately before 11.59 pm on 23 December 2021 continue to apply to them.

Schedule 1 clause 11: inserted, at 11.59 pm on 23 December 2021, by clause 11(a) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

11A Persons undergoing period of isolation or quarantine under clause 10(1)(aa) on commencement of Amendment Order

(1)

This clause applies to every person (a person with an existing duty arriving from a very high risk country)—

(a)

who immediately before 11.59 pm on 23 December 2021 has an existing duty to be isolated or quarantined in accordance with Part 1 of this order; and

(b)

to whom, immediately before 11.59 pm on 23 December 2021, clause 10(1)(aa) of this order applies.

(2)

The amendments to Part 1 of this order made by the Amendment Order apply to persons with an existing duty arriving from very high risk countries.

Schedule 1 clause 11A: inserted, at 11.59 pm on 23 December 2021, by clause 11(a) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

12 Persons in self-isolation under Part 1C on commencement of Amendment Order

(1)

This clause applies to every person (person in self-isolation) who immediately before 11.59 pm on 23 December 2021 was undergoing a period of self-isolation under Part 1C of this order.

(2)

The requirements of Parts 1 and 1C of this order that applied to persons in self-isolation immediately before 11.59 pm on 23 December 2021 continue to apply.

Schedule 1 clause 12: inserted, at 11.59 pm on 23 December 2021, by clause 11(a) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429).

Schedule 2 Key safety standards

cl 15DC

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

Part 1 Relevant crew members

Schedule 2 Part 1: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

1 Interpretation

In this Part,—

dedicated relaxation area, at the accommodation where a relevant crew member is staying,—

(a)

means any place while it is set aside for the exclusive use of pilots, co-pilots, or flight attendants of the airline for which the crew member works; but

(b)

does not include a restaurant, cafe, bar, or shared exercise facility

fellow worker, of a relevant crew member, means a person who works as a pilot, co-pilot, or flight attendant for the same airline as the crew member

specified place, at the accommodation where a relevant crew member is staying, means—

(a)

the crew member’s allocated room; or

(b)

the allocated room of a fellow worker of the crew member; or

(c)

a dedicated relaxation area.

Schedule 2 clause 1: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

2 Personal protective equipment

It is a key safety standard for a relevant crew member that, while outside New Zealand, they wear personal protective equipment at all times (to the greatest extent practicable) while at any place other than—

(a)

the cockpit of an aircraft; or

(b)

a place on an aircraft that is set aside for operating crew to rest, or take breaks, away from passengers; or

(c)

an aircraft on which the only other persons are—

(i)

the pilot or co-pilot of that aircraft; or

(ii)

fellow workers of the crew member; or

(d)

a specified place at any accommodation where they are staying.

(e)
[Revoked]

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

Schedule 2 clause 2(e): revoked, at 11.59 pm on 18 April 2021, by clause 36(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2021 (LI 2021/73).

3 Physical distancing

It is a key safety standard for a relevant crew member that, while outside New Zealand, they maintain physical distancing from all other persons (to the greatest extent practicable) other than—

(a)

persons on an aircraft on which the crew member is travelling; or

(b)

fellow workers of the crew member.

(c)
[Revoked]

Schedule 2 clause 3: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Schedule 2 clause 3(c): revoked, at 11.59 pm on 18 April 2021, by clause 36(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2021 (LI 2021/73).

4 Remaining airside

(1)

It is a key safety standard for a relevant crew member who arrives in a country outside New Zealand by air that, until they depart from the country, they remain on the airside of—

(a)

the airport at which they arrive in that country; and

(b)

any other airport through which they transit in that country.

(2)

However, that key safety standard applies to the relevant crew member only if they—

(a)

are not staying in any accommodation before departing from the country; or

(b)

are staying in accommodation on the airside of an airport before departing from the country.

Schedule 2 clause 4: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

5 Travel to accommodation or flight simulator training

(1)

It is a key safety standard for a relevant crew member that, as soon as practicable after arriving in a country outside New Zealand, they travel as directly as practicable to—

(a)

any accommodation where they are staying; or

(b)

any place where they are undertaking flight simulator training.

(2)

It is a key safety standard for a relevant crew member that, if undertaking flight simulator training in a country outside New Zealand, they travel as directly as practicable between—

(a)

any accommodation where they are staying; and

(b)

any place where they are required to travel to undertake the training.

Schedule 2 clause 5: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

6 Isolation at accommodation

(1)

It is a key safety standard for a relevant crew member that they do not leave their allocated room at any accommodation where they are staying in a country outside New Zealand except—

(a)

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

(b)

to access medical services; or

(c)

to collect food from a place at the accommodation; or

(d)

to exercise at the accommodation (except at any shared exercise facility at the accommodation, such as a swimming pool or gym); or

(e)

to visit a specified place at the accommodation; or

(f)

to travel from the accommodation to a place where they are undertaking flight simulator training; or

(g)

to travel from the accommodation to an aircraft—

(i)

that is scheduled for departure; and

(ii)

that the airline for which they work directs them to travel on.

(2)

It is a key safety standard for a relevant crew member that, while at any accommodation where they are staying in a country outside New Zealand, they do not permit any other person to enter their room except—

(a)

a person entering for medical, emergency, or law enforcement purposes; or

(b)

a fellow worker of the crew member.

Schedule 2 clause 6: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Part 2 Medical attendants

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

7 Interpretation

In this Part,—

dedicated relaxation area, at the accommodation where a relevant medical attendant is staying,—

(a)

means any place while it is set aside for the exclusive use of medical attendants; but

(b)

does not include a restaurant, cafe, bar, or shared exercise facility

fellow medical attendant, of a relevant medical attendant, means a person who works as a medical attendant alongside the relevant medical attendant

specified place, at the accommodation where a relevant medical attendant is staying, means—

(a)

the medical attendant’s allocated room; or

(b)

the allocated room of a fellow medical attendant; or

(c)

a dedicated relaxation area.

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

8 Personal protective equipment

It is a key safety standard for a relevant medical attendant that, while outside New Zealand, they wear personal protective equipment at all times (to the greatest extent practicable) while at any place (other than a specified place at any accommodation where the medical attendant is staying).

Schedule 2 clause 8: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

9 Physical distancing

It is a key safety standard for a relevant medical attendant that, while outside New Zealand, they maintain physical distancing from all other persons (to the greatest extent practicable) other than—

(a)

persons on an aircraft on which the medical attendant is travelling; or

(b)

fellow medical attendants; or

(c)

other persons during the course of the medical attendant’s work.

Schedule 2 clause 9: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

10 Remaining airside

(1)

It is a key safety standard for a relevant medical attendant who arrives in a country outside New Zealand by air that, until they depart from the country, they remain on the airside of—

(a)

the airport at which they arrive in that country; and

(b)

any other airport through which they transit in that country.

(2)

However, that key safety standard applies to the relevant medical attendant only if they—

(a)

are not staying in any accommodation before departing from the country; or

(b)

are staying in accommodation on the airside of an airport before departing from the country.

Schedule 2 clause 10: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

11 Travel after arrival

It is a key safety standard for a relevant medical attendant that, as soon as practicable after arriving in a country outside New Zealand, they travel as directly as practicable to—

(a)

any accommodation where they are staying; or

(b)

any place in the course of their work as a medical attendant.

Schedule 2 clause 11: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

12 Isolation at accommodation

(1)

It is a key safety standard for a relevant medical attendant that they do not leave their allocated room at any accommodation where they are staying in a country outside New Zealand except—

(a)

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

(b)

to access medical services; or

(c)

to collect food from a place at the accommodation; or

(d)

to exercise at the accommodation (except at any shared exercise facility at the accommodation, such as a swimming pool or gym); or

(e)

to visit a specified place at the accommodation; or

(f)

to travel from the accommodation to any place in the course of their work as a medical attendant; or

(g)

to travel from the accommodation to an aircraft that is scheduled for departure.

(2)

It is a key safety standard for a relevant medical attendant that, while at any accommodation where they are staying in a country outside New Zealand, they do not permit any other person to enter their allocated room except—

(a)

a person entering for medical, emergency, or law enforcement purposes; or

(b)

a fellow medical attendant.

Schedule 2 clause 12: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Part 3 Police escorts

Schedule 2 Part 3: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

13 Interpretation

In this Part,—

dedicated relaxation area, at the accommodation where a Police escort is staying,—

(a)

means any place while it is set aside for the exclusive use of members of the New Zealand Police; but

(b)

does not include a restaurant, cafe, bar, or shared exercise facility

fellow member of the New Zealand Police, of a Police escort, means a member of the New Zealand Police who works alongside the Police escort

specified place, at the accommodation where a Police escort is staying, means—

(a)

the Police escort’s allocated room; or

(b)

the allocated room of a fellow member of the New Zealand Police who is staying at the accommodation in the course of official duties; or

(c)

a dedicated relaxation area.

Schedule 2 clause 13: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

14 Personal protective equipment

It is a key safety standard for a Police escort that, while outside New Zealand, they wear personal protective equipment at all times (to the greatest extent practicable) while at any place (other than a specified place at any accommodation where the Police escort is staying).

Schedule 2 clause 14: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15 Physical distancing

It is a key safety standard for a Police escort that, while outside New Zealand, they maintain physical distancing from all other persons (to the greatest extent practicable) other than—

(a)

persons on an aircraft on which the Police escort is travelling; or

(b)

fellow members of the New Zealand Police; or

(c)

other persons during the course of the Police escort’s work.

Schedule 2 clause 15: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

16 Remaining airside

(1)

It is a key safety standard for a Police escort who arrives in a country outside New Zealand by air that, until they depart from the country, they remain on the airside of—

(a)

the airport at which they arrive in that country; and

(b)

any other airport through which they transit in that country.

(2)

However, that key safety standard applies to the Police escort only if they—

(a)

are not staying in any accommodation before departing from the country; or

(b)

are staying in accommodation on the airside of an airport before departing from the country.

Schedule 2 clause 16: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

17 Travel after arrival

It is a key safety standard for a Police escort that, as soon as practicable after arriving in a country outside New Zealand, they travel as directly as practicable to—

(a)

any accommodation where they are staying; or

(b)

any place in the course of their work as a Police escort.

Schedule 2 clause 17: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

18 Isolation at accommodation

(1)

It is a key safety standard for a Police escort that they do not leave their allocated room at any accommodation where they are staying in a country outside New Zealand except—

(a)

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

(b)

to access medical services; or

(c)

to collect food from a place at the accommodation; or

(d)

to exercise at the accommodation (except at any shared exercise facility at the accommodation, such as a swimming pool or gym); or

(e)

to visit a specified place at the accommodation; or

(f)

to travel from the accommodation to any place in the course of their work as a Police escort; or

(g)

to travel from the accommodation to an aircraft that is scheduled for departure.

(2)

It is a key safety standard for a Police escort that, while at any accommodation where they are staying in a country outside New Zealand, they do not permit any other person to enter their allocated room except—

(a)

a person entering for medical, emergency, or law enforcement purposes; or

(b)

a fellow member of the New Zealand Police who is staying at the accommodation in the course of official duties.

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

Dated at Wellington this 4th day of September 2020.

Hon Chris Hipkins,
Minister of Health.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 4 September 2020.

Notes
1 General

This is a consolidation of the COVID-19 Public Health Response (Isolation and Quarantine) Order 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 (Air Border and Isolation and Quarantine) Amendment Order 2022 (SL 2022/2): Part 3

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021 (SL 2021/429): Part 2 (as amended by the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) Amendment Order 2021 (SL 2021/431))

COVID-19 Public Health Response (Isolation and Quarantine and Other Matters) Amendment Order 2021 (SL 2021/428): clause 10(1)

COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 5) 2021 (SL 2021/389)

COVID-19 Public Health Response (Infringement Offences) Amendment Order 2021 (SL 2021/387): Part 2

COVID-19 Response (Vaccinations) Legislation Act 2021 (2021 No 51): section 18

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

COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 (SL 2021/365): Part 1

COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 4) 2021 (SL 2021/357)

COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 3) 2021 (LI 2021/313)

COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No 2) 2021 (LI 2021/264)

Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248): regulations 109, 110

COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order 2021 (LI 2021/163)

COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2021 (LI 2021/73): Part 2

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2021 (LI 2021/62): Part 2

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

COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273): Part 2

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254): Part 2