Reprint as at 20 December 2020
(LI 2020/330)
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This order is administered by the Ministry of Health.
This order is made by the Minister for COVID-19 Response—
under sections 11 and 15(1) of the COVID-19 Public Health Response Act 2020; and
in accordance with section 9 of that Act.
This order is the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020.
This order comes into force at 11.59 pm on 20 December 2020.
Clause 2: amended, at 7 pm on 20 December 2020, by clause 4 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 Amendment Order 2020 (LI 2020/331).
This Part amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020.
(1)
In clause 4(1), replace the definition of aircrew member with:
aircrew member means any person who—
is identified as a crew member on the crew manifest for the aircraft on which they arrive in New Zealand; or
is not identified as a crew member on that manifest but is on the aircraft at the direction of an airline for which they work as a pilot, co-pilot, or flight attendant
(2)
In clause 4(1), revoke the definitions of airside, airside condition, exempt person, and overseas airside condition.
(3)
In clause 4(1), definition of confirmed allocation, replace “a managed isolation or quarantine facility” with “an MIQF”.
“a managed isolation or quarantine facility”
“an MIQF”
(4)
In clause 4(1), definition of higher-risk route, replace “8C” with “9”.
“8C”
“9”
(5)
In clause 4(1), insert in their appropriate alphabetical order:
MIQF means a managed isolation or quarantine facility as defined by section 5(1) of the COVID-19 Public Health Response Act 2020
specified aircrew member has the meaning given by clause 19(1)
(6)
In clause 4(1), replace the definition of place of isolation or quarantine with:
place of isolation or quarantine,—
for a person to whom Part 1 of the Isolation and Quarantine Order applies, has the meaning given by clause 12 of that order; or
for a person to whom Part 1A of the Isolation and Quarantine Order applies, means the accommodation notified to the Ministry of Health under that Part as the person’s place of self-isolation
In clause 7A, insert as subclause (2):
In this clause, exempt person means a person who is exempt from clause 8(2A) by or under this order.
In clause 8(2A), delete “(unless they are an exempt person)”.
“(unless they are an exempt person)”
After clause 8(3), insert:
(3A)
If the person’s place of isolation or quarantine is an MIQF, the person must travel from the airport to the MIQF in accordance with directions of the chief executive of MBIE.
Replace Parts 3 and 4 with:
For the purposes of this Part, the Director-General may designate a route of travel between a place outside New Zealand and another place (in or outside New Zealand) as a higher-risk route.
The notice must—
be published on a publicly accessible Internet site maintained by or on behalf of the New Zealand Government; and
be notified in the Gazette.
A person arriving in New Zealand is exempt from clause 8 if, until they depart from New Zealand, they remain on the airside of—
the airport at which they arrive in New Zealand; and
any other airport through which they transit.
Without limiting subclause (1), any transit passenger is exempt from clause 8.
However, a transit passenger who is given permission to enter New Zealand in accordance with section 89(2) or 91 of the Immigration Act 2009 is not exempt from clause 8.
In this clause,—
airside, of an airport, means any part of the airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers
transit passenger has the meaning given by section 4 of the Immigration Act 2009.
The following persons arriving by air in New Zealand are exempt from clause 8:
a person who is entitled to any immunity from jurisdiction by or under—
the Diplomatic Privileges and Immunities Act 1968 (other than a person referred to in section 10D(2)(d) of that Act) or the Consular Privileges and Immunities Act 1971; or
any order under either of those Acts:
a person who is a member of the New Zealand Defence Force and returning from service outside New Zealand.
A person arriving by air in New Zealand who is a member of the crew of a ship is exempt from clause 8, subject to the following conditions:
immediately after leaving the airport at which the person arrives in New Zealand, the person must travel (whether by air or by any other form or forms of transport) to and then board the ship; and
the ship must be scheduled to depart from New Zealand as soon as is reasonably practicable after the person boards the ship.
In this clause, crew, depart from New Zealand, and ship have the meanings given to them by the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.
A person arriving in New Zealand by air from Antarctica is exempt from clause 8 if the person is—
a member of, or associated with, a scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty (within the meaning of the Antarctica Act 1960); or
a person to whom section 5 of the Antarctica Act 1960 applies.
However, the person is not exempt from clause 8(2), (3), or (4) if a medical officer of health has assessed that there is a more than negligible risk that the group of arrivals from Antarctica to which the person belongs has been exposed to COVID-19 within 14 days before that arrival.
An assessment made before the person’s arrival does not have effect for the purposes of subclause (2) unless it is made no earlier than 7 days before that arrival.
A person arriving by air in New Zealand is exempt from clause 8 if the aircraft on which the person arrives did not land in a place outside New Zealand after it most recently departed from New Zealand (for example, it may have been necessary for the aircraft to return to New Zealand because of a mechanical fault).
However, this clause does not exempt the person from clause 8 if the person was in New Zealand for less than 14 days immediately before the aircraft’s most recent departure from New Zealand.
A person arriving by air in New Zealand who, immediately before the commencement of this order, was designated by the Director-General as critical to providing services to assist with the response to COVID-19 is exempt from clause 8.
A person who arrives in New Zealand by air is exempt from clause 8(2A) if the person is exempt from any requirement for the person’s place of isolation or quarantine to be an MIQF because of an exemption made by or under the Isolation and Quarantine Order.
Nothing in this clause limits any other exemption from clause 8(2A) that may be provided for by or under this order.
The following persons arriving in New Zealand by air are exempt from clause 8(2A):
any person who is assisting, as a medical attendant, with a medical transfer to New Zealand:
any person who is arriving in New Zealand to assist, as a medical attendant, with a medical transfer from New Zealand:
any person who is returning from assisting, as a medical attendant, with a medical transfer from New Zealand and is ordinarily resident in New Zealand.
A member of the New Zealand Police arriving in New Zealand by air is exempt from clause 8(2A) if the member—
is escorting a person in connection with that person’s extradition to New Zealand; or
is returning from escorting a person in connection with that person’s deportation from New Zealand.
This subpart applies to an aircrew member (a specified aircrew member) arriving in New Zealand by air who is ordinarily resident in New Zealand.
This subpart does not apply to a specified aircrew member to whom clause 10(1) or 13 applies.
A specified aircrew member is exempt from clause 8(2A).
A specified aircrew member is exempt from clause 8(3) if a suitably qualified health practitioner responsible for the medical examination and testing of the member under clause 8(2) is satisfied that the member is at a low risk of having or transmitting COVID-19.
The exemption provided for in this clause does not apply in the circumstances set out in clauses 22 to 25.
A specified aircrew member is not exempt from clause 8(3) if they have travelled on a higher-risk route within the 7 days immediately before arriving in New Zealand by air.
A specified aircrew member is not exempt from clause 8(3) if they are returning from a period of flight simulator training in a country outside New Zealand.
A specified aircrew member is not exempt from clause 8(3) if they—
were outside New Zealand for a continuous period of at least 7 days immediately before arriving in New Zealand by air; or
have travelled domestically outside New Zealand within the 7 days immediately before arriving in New Zealand by air.
A specified aircrew member travels domestically outside New Zealand if—
they travel by aircraft on a domestic route in a country outside New Zealand; and
there are other persons travelling on the aircraft who are not—
the pilot or a co-pilot of the aircraft; or
a person who works as a pilot, co-pilot, or flight attendant for the same airline as the aircrew member.
A specified aircrew member is not exempt from clause 8(3) if a medical officer of health determines (on the basis of information brought to that officer’s attention) that there are reasonable grounds to believe that, within the 7 days immediately before arriving in New Zealand by air and while outside New Zealand, the aircrew member has failed to meet 1 or more of the key safety standards.
The key safety standards are set out in Part 1 of Schedule 2 of the Isolation and Quarantine Order.
For the purposes of this clause, a reference in that Part to a relevant crew member is to be treated as if it were a reference to a specified aircrew member.
The Minister may exempt any person or class of persons from the requirement to comply with any provision of this order or the application of any provision of this order if the Minister is satisfied that—
the exemption is necessary or desirable in order to promote the purposes of the Act or the purposes of this order; and
the extent of the exemption is not broader than is reasonably necessary to address the matters giving rise to the exemption.
The Minister may impose conditions on the exemption as the Minister considers necessary.
The Minister must take into account the advice of the Director-General when deciding—
whether to grant an exemption; and
what (if any) conditions to impose on an exemption.
An exemption for any specified person must be notified in writing to the applicant and the exempt person.
An exemption for any class of persons must—
The Director-General may exempt any person or class of persons arriving in Zealand for the purposes of assisting in the response to an emergency in respect of which a state of emergency is declared.
The Director-General must be satisfied that—
the extent of the exemption is not broader than is reasonably necessary to address the matters giving rise to the exemption; and
based on the advice of the National Emergency Management Agency, the person or class of persons is critical to assisting in the response to the emergency.
The Director-General may impose conditions on the exemption as the Director-General considers necessary.
emergency includes an emergency that may occur
state of emergency has the meaning given by the Civil Defence Emergency Management Act 2002.
This Part amends the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020.
In clause 4(1), insert in its appropriate alphabetical order:
Replace clause 4(2) with:
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 country outside New Zealand; or
the Ross Dependency or any other place outside New Zealand.
Replace clause 7(2) with:
However, this Part applies to a relevant worker only to the extent provided in clauses 15DA and 15DB.
In the heading above clause 11(3), replace “in transit” with “on short-term stay”.
“in transit”
“on short-term stay”
In clause 11(3), after “depart”, insert “from”.
“depart”
“from”
Replace clause 11(4B) with:
(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.
After clause 12(2), insert:
(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—
relevant individual and operational implications; and
whether the other facility or place is able to meet the person’s particular physical or other needs.
In clause 13, insert as subclause (2):
However, a person leaving their place of isolation or quarantine under this clause must comply with any directions of, or conditions imposed by, the chief executive of MBIE.
Replace clause 15B with:
This Part applies to a person (a relevant worker) who—
is required by the Air Border Order to be isolated or quarantined in accordance with this order; and
is ordinarily resident in New Zealand; and
is any of the following:
a relevant crew member:
a relevant medical attendant:
a Police escort.
However, this Part does not apply to the extent provided in clauses 15DA and 15DB.
In this Part,—
Air Border Order means the COVID-19 Public Health Response (Air Border) Order (No 2) 2020
Police escort means a Police escort to whom clause 18 of the Air Border Order applies (duties in connection with extradition to or deportation from New Zealand)
relevant crew member means an aircrew member who—
travelled on a higher-risk route (within the meaning of the Air Border Order) within the 7 days immediately before their arrival by air in New Zealand; or
on arrival by air in New Zealand, was returning from a period of flight simulator training in Australia that is not available in New Zealand
relevant medical attendant means a person who, on arrival by air in New Zealand,—
was assisting, as a medical attendant, with a medical air transfer to New Zealand; or
was returning from assisting, as a medical attendant, with a medical air transfer from New Zealand.
In clause 15C(1), after “departing”, insert “from”.
“departing”
After clause 15D, insert:
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.
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 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
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.
A relevant crew member is subject to Part 1 rather than this Part if they—
have travelled domestically outside New Zealand within the 7 days immediately before that arrival (see clause 24 of the Air Border Order).
A relevant crew member travels domestically outside New Zealand if—
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).
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 outside New Zealand, the worker has failed to meet 1 or more of the relevant key safety standards (see clause 25 of the Air Border Order).
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.
After clause 15G(a), insert:
to do any outdoor exercise (except at any shared exercise facility, such as a swimming pool); or
After Schedule 1, insert the Schedule 2 set out in the Schedule of this order.
This clause amends the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.
In clause 4, replace the definition of exempt crew member with:
exempt crew member means a crew member who is exempt from the requirement to comply with clause 8 of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 because of an exemption made by or under that order
cl 18
cl 15DC
dedicated relaxation area, at the accommodation where a relevant crew member is staying,—
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
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—
the crew member’s allocated room; or
the allocated room of a fellow worker of the crew member; or
a dedicated relaxation area.
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—
the cockpit of an aircraft; or
a place on an aircraft that is set aside for operating crew to rest, or take breaks, away from passengers; or
an aircraft on which the only other persons are—
the pilot or co-pilot of that aircraft; or
fellow workers of the crew member; or
a specified place at any accommodation where they are staying; or
a place in Australia where they are undertaking flight simulator training that is not available in New Zealand.
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—
persons on an aircraft on which the crew member is travelling; or
persons at any place in Australia where the crew member is undertaking flight simulator training that is not available in New Zealand.
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—
the airport at which they arrive in that country; and
any other airport through which they transit in that country.
However, that key safety standard applies to the relevant crew member only if they—
are not staying in any accommodation before departing from the country; or
are staying in accommodation on the airside of an airport before departing from the country.
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—
any accommodation where they are staying; or
any place where they are undertaking flight simulator training.
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—
any accommodation where they are staying; and
any place where they are required to travel to undertake the training.
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—
to preserve or protect their own or another person’s life, health, or safety in an emergency; or
to access medical services; or
to collect food from a place at the accommodation; or
to exercise at the accommodation (except at any shared exercise facility at the accommodation, such as a swimming pool or gym); or
to visit a specified place at the accommodation; or
to travel from the accommodation to a place where they are undertaking flight simulator training; or
to travel from the accommodation to an aircraft—
that is scheduled for departure; and
that the airline for which they work directs them to travel on.
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 person entering for medical, emergency, or law enforcement purposes; or
a fellow worker of the crew member.
dedicated relaxation area, at the accommodation where a relevant medical attendant is staying,—
means any place while it is set aside for the exclusive use of medical attendants; but
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—
the medical attendant’s allocated room; or
the allocated room of a fellow medical attendant; or
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).
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—
persons on an aircraft on which the medical attendant is travelling; or
fellow medical attendants; or
other persons during the course of the medical attendant’s work.
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—
However, that key safety standard applies to the relevant medical attendant only if they—
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—
any place in the course of their work as a medical attendant.
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—
to travel from the accommodation to any place in the course of their work as a medical attendant; or
to travel from the accommodation to an aircraft that is scheduled for departure.
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 fellow medical attendant.
dedicated relaxation area, at the accommodation where a Police escort is staying,—
means any place while it is set aside for the exclusive use of members of the New Zealand Police; but
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—
the Police escort’s allocated room; or
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
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).
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—
persons on an aircraft on which the Police escort is travelling; or
fellow members of the New Zealand Police; or
other persons during the course of the Police escort’s work.
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—
However, that key safety standard applies to the Police escort only if they—
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—
any place in the course of their work as a Police escort.
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—
to travel from the accommodation to any place in the course of their work as a Police escort; or
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 fellow member of the New Zealand Police who is staying at the accommodation in the course of official duties.
Dated at Wellington this 17th day of December 2020.
Hon Chris Hipkins,Minister for COVID-19 Response.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 18 December 2020.
This is a reprint of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 that incorporates all the amendments to that order as at the date of the last amendment to it.
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 Amendment Order 2020 (LI 2020/331)