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

  • revoked
  • COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020: revoked, at 11.59 pm on 27 February 2022, pursuant to clause 61(1)(a) of the COVID-19 Public Health Response (Air Border) Order 2021 (SL 2021/427)

Version as at 27 February 2022

Coat of Arms of New Zealand

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

(LI 2020/280)

COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order 2020: revoked, at 11.59 pm on 27 February 2022, pursuant to clause 61(1)(a) of the COVID-19 Public Health Response (Air Border) Order 2021 (SL 2021/427).

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.

Order

1 Title

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

2 Commencement

This order comes into force on 3 November 2020.

3 Principal order

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

4 Clause 4 amended (Interpretation)

In clause 4(1), insert in their appropriate alphabetical order:

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

(a)

means the owner or charterer of the aircraft; and

(b)

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

(c)

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

confirmed allocation means a confirmed allocation in the managed isolation allocation system to enter a managed isolation or quarantine facility in New Zealand

evidence of a confirmed allocation means—

(a)

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

(b)

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

exempt person means a person who is exempted by or under this order or the Isolation and Quarantine Order from a requirement to enter a managed isolation or quarantine facility

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

5 New Part 1A inserted

After clause 7, insert:

Part 1A Obligation on air carriers

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

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

6 Clause 8 amended (Obligations on persons arriving in New Zealand by air)

(1)

After clause 8(2), insert:

(2A)

The person must (unless they are an exempt person)—

(a)

have a confirmed allocation; and

(b)

produce evidence of a confirmed allocation when requested by—

(i)

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

(ii)

a staff member or representative of the relevant air carrier; or

(iii)

an immigration officer (as that term is defined in section 4 of the Immigration Act 2009).

(2)

After clause 8(4), insert:

(4A)

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

Dated at Wellington this 30th day of October 2020.

Hon Chris Hipkins,
Minister of Health.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 3 November 2020, amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020. The main effect of amendments made by this order is to—

  • require a person arriving in New Zealand by aircraft to have a confirmed allocation in the managed isolation allocation system; and

  • require the air carrier to take reasonable steps to ensure that all people on board have evidence of their confirmed allocation before the aircraft arrives in New Zealand.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 30 October 2020.

Notes
1 General

This is a consolidation of the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment 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) Order 2021 (SL 2021/427): clause 61(1)(a)