Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
The principal order, which is made under the COVID-19 Public Health Response Act 2020 (the Act), seeks to prevent, and limit the risk of, an outbreak, or the spread, of COVID-19 by restricting which ships may arrive in New Zealand, by putting in place isolation or quarantine requirements for people who arrive in New Zealand by sea, and by enabling the safe transfer of crews. The main effect of the amendments made by this order are set out below.
Ships arriving in New Zealand
Part 2 of the principal order, which sets out restrictions on ships arriving in New Zealand, is amended to—
clarify the requirements that apply to persons on board a ship that is permitted by the Director-General of Health (the Director-General) to arrive in New Zealand (see new clause 11):
specify additional matters that the Director-General may take into account when giving permission for ships to arrive in New Zealand (see new clause 12(1)):
require the Director-General, before giving permission for a ship to enter New Zealand, to take into account the public health risk of the ship arriving in New Zealand and the resources available to manage that risk (see new clause 12(2A)).
Isolation or quarantine requirements
Part 3 of the principal order, which requires persons arriving in New Zealand on board a ship to be isolated or quarantined, is amended to—
require that a person remain in isolation or quarantine for at least 14 days on board the ship or at a place of isolation or quarantine, and may not leave the ship until all the persons who arrived in New Zealand on board that ship have met the low-risk indicators (see new clause 17(1) and (2)):
require persons who arrive in New Zealand on board a ship to wear personal protective equipment while another person is on board the ship to perform a necessary task (see new clause 17(6)):
refine the grounds for transferring a person from a ship to a place of isolation or quarantine (see new clause 18(1)):
refine the grounds for authorising a person to disembark a ship (see new clause 19(2)):
provide that an enforcement officer may, except in certain circumstances, require a ship to remain at least a specified distance away from any other ship (see new clause 24(4)):
provide that the master of a ship with persons on board who are in isolation or quarantine must ensure that isolation or quarantine signage is visible and secure at the place where the ship is berthed (see new clause 24(4A)):
clarify the obligations of persons who board ships to undertake necessary tasks (see new clause 25).
Exemptions for arriving and departing crew
Part 4 of the principal order, which sets out exemptions from the general requirement for maritime crew arriving in and departing from New Zealand by ship or air to be isolated or quarantined on arrival in New Zealand, is amended to—
provide medical officers of health and health protection officers with a discretion to direct the transfer of crew members who have arrived in New Zealand by air for the purpose of boarding a ship to depart New Zealand as close to the time of departure as is reasonably practicable:
ensure that the requirements relating to crew members who travel to or from a security designated aerodrome, a ship, or a place of isolation or quarantine apply to all crew change situations under the principal order.
Order revoked without resolution of House
This order must be approved by a resolution of the House of Representatives before the end of the relevant period described in section 16(2) of the Act. If that does not happen, the order is revoked at the end of that period.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 18 December 2020.
This order is administered by the Ministry of Health.