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

Reprint as at 20 December 2020

Coat of Arms of New Zealand

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

(LI 2020/330)

Note

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

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

This order is administered by the Ministry of Health.

This order is made by the Minister for COVID-19 Response—

(b)

in accordance with section 9 of that Act.

Contents

1Title
2Commencement
3Amendments to COVID-19 Public Health Response (Air Border) Order (No 2) 2020
4Clause 4 amended (Interpretation)
5Clause 7A amended (Air carrier must not cause aircraft to arrive in New Zealand without complying with requirement)
6Clause 8 amended (Obligations on persons arriving in New Zealand by air)
7Parts 3 and 4 replaced
9Designation of higher-risk routes
10Arrivals remaining airside until departure from New Zealand
11Diplomatic and consular officials, and New Zealand Defence Force
12Crew of ship
13Arrivals from Antarctica
14Aircraft turned back to New Zealand
15Designated persons
16Exemption under Isolation and Quarantine Order
17Medical attendants
18Police escorts of extradited or deported persons
19Application of subpart
20Exemption from requirement for confirmed allocation
21Exemption from requirement to be isolated or quarantined
22Higher-risk route
23Pilots returning from flight simulator training
24Absences of at least 7 days or overseas domestic travel
25Failure to meet key safety standards
26Power for Minister to grant exemptions from this order
27Power for Director-General to grant exemptions from this order to emergency workers
8Amendments to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020
9Clause 4 amended (Interpretation)
10Clause 7 amended (Part applies to relevant persons)
11Clause 11 amended (Early end to period of isolation or quarantine for certain people)
12Clause 12 amended (Place of isolation or quarantine)
13Clause 13 amended (Leaving place of isolation or quarantine)
14Clause 15B replaced (Part applies to relevant workers)
15BPart applies to relevant workers
15Clause 15C amended (Requirement to notify Ministry of Health)
16New clauses 15DA to 15DC inserted
15DAPart 1 applies if relevant worker had high risk of exposure to COVID-19
15DBOther circumstances in which Part 1 applies
15DCKey safety standards
17Clause 15G amended (Leaving place of self-isolation)
18New Schedule 2 inserted
19Consequential amendment to COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020
Gazette Information
Reprint notes

Order

1 Title

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

2 Commencement

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).

Part 1 Amendments to COVID-19 Public Health Response (Air Border) Order (No 2) 2020

3 Amendments to COVID-19 Public Health Response (Air Border) Order (No 2) 2020
4 Clause 4 amended (Interpretation)

(1)

In clause 4(1), replace the definition of aircrew member with:

aircrew member means any person who—

(a)

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

(b)

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

(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”.

(4)

In clause 4(1), definition of higher-risk route, replace “8C” with “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,—

(a)

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

(b)

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

5 Clause 7A amended (Air carrier must not cause aircraft to arrive in New Zealand without complying with requirement)

In clause 7A, insert as subclause (2):

(2)

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

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

(1)

In clause 8(2A), delete “(unless they are an exempt person)”.

(2)

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.

7 Parts 3 and 4 replaced

Replace Parts 3 and 4 with:

Part 3 Exemptions

Subpart 1—Designation of higher-risk routes

9 Designation of higher-risk routes

(1)

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

(2)

The notice must—

(a)

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

(b)

be notified in the Gazette.

Subpart 2—Arrivals generally

Exemptions from whole of clause 8

10 Arrivals remaining airside until departure from New Zealand

(1)

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

(a)

the airport at which they arrive in New Zealand; and

(b)

any other airport through which they transit.

(2)

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

(3)

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

(4)

In this clause,—

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

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

11 Diplomatic and consular officials, and New Zealand Defence Force

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

(a)

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

(i)

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

(ii)

any order under either of those Acts:

(b)

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

12 Crew of ship

(1)

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

(a)

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

(b)

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

(2)

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

13 Arrivals from Antarctica

(1)

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

(a)

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

(b)

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

(2)

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

(3)

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

14 Aircraft turned back to New Zealand

(1)

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

(2)

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

15 Designated persons

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

Exemptions relating to confirmed allocation only

16 Exemption under Isolation and Quarantine Order

(1)

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

(2)

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

17 Medical attendants

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

(a)

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

(b)

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

(c)

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

18 Police escorts of extradited or deported persons

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

(a)

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

(b)

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

Subpart 3—Specified aircrew members

Application

19 Application of subpart

(1)

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

(2)

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

Exemptions

20 Exemption from requirement for confirmed allocation

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

21 Exemption from requirement to be isolated or quarantined

(1)

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

(2)

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

Exceptions to exemption from requirement to be isolated or quarantined

22 Higher-risk route

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

23 Pilots returning from flight simulator training

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

24 Absences of at least 7 days or overseas domestic travel

(1)

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

(a)

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

(b)

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

(2)

A specified aircrew member travels domestically outside New Zealand if—

(a)

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

(b)

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

(i)

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

(ii)

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

25 Failure to meet key safety standards

(1)

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

(2)

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

(3)

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

Subpart 4—Powers to grant exemptions

26 Power for Minister to grant exemptions from this order

(1)

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

(a)

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

(b)

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

(2)

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

(3)

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

(a)

whether to grant an exemption; and

(b)

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

(4)

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

(5)

An exemption for any class of persons must—

(a)

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

(b)

be notified in the Gazette.

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

(1)

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

(2)

The Director-General must be satisfied that—

(a)

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

(b)

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

(c)

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

(3)

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

(4)

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

(5)

An exemption for any class of persons must—

(a)

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

(b)

be notified in the Gazette.

(6)

In this clause,—

emergency includes an emergency that may occur

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

Part 2 Amendments to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

8 Amendments to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020
9 Clause 4 amended (Interpretation)

(1)

In clause 4(1), replace the definition of aircrew member with:

aircrew member means any person who—

(a)

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

(b)

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

(2)

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

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

(3)

Replace clause 4(2) with:

(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.

10 Clause 7 amended (Part applies to relevant persons)

Replace clause 7(2) with:

(2)

However, this Part applies to a relevant worker only to the extent provided in clauses 15DA and 15DB.

11 Clause 11 amended (Early end to period of isolation or quarantine for certain people)

(1)

In the heading above clause 11(3), replace in transit with on short-term stay.

(2)

In clause 11(3), after “depart”, insert “from”.

(3)

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.

12 Clause 12 amended (Place of isolation or quarantine)

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—

(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.

13 Clause 13 amended (Leaving place of isolation or quarantine)

In clause 13, insert as subclause (2):

(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.

14 Clause 15B replaced (Part applies to relevant workers)

Replace clause 15B with:

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)

is ordinarily resident in New Zealand; and

(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,—

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—

(a)

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

(b)

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,—

(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.

15 Clause 15C amended (Requirement to notify Ministry of Health)

In clause 15C(1), after “departing”, insert “from”.

16 New clauses 15DA to 15DC inserted

After clause 15D, insert:

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.

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

(b)

have travelled domestically outside New Zealand within the 7 days immediately before 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 aircrew 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 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).

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.

17 Clause 15G amended (Leaving place of self-isolation)

After clause 15G(a), insert:

(ab)

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

18 New Schedule 2 inserted

After Schedule 1, insert the Schedule 2 set out in the Schedule of this order.

Part 3 Consequential amendment

19 Consequential amendment to COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020

(2)

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

Schedule New Schedule 2 inserted into COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

cl 18

Schedule 2 Key safety standards

cl 15DC

Part 1 Relevant crew members

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.

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; or

(e)

a place in Australia where they are undertaking flight simulator training that is not available in New Zealand.

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; or

(c)

persons at any place in Australia where the crew member is undertaking flight simulator training that is not available in New Zealand.

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.

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.

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.

Part 2 Medical attendants

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.

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).

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.

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.

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.

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.

Part 3 Police escorts

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.

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).

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.

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.

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.

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.

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.

Reprints notes
1 General

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.

2 Legal status

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

3 Editorial and format changes

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