COVID-19 Public Health Response (Maritime Border) Order (No 2) Amendment Order 2021

2021/32

Coat of Arms of New Zealand

COVID-19 Public Health Response (Maritime Border) Order (No 2) Amendment Order 2021

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 in accordance with section 9 of that Act.

Order

1 Title

This order is the COVID-19 Public Health Response (Maritime Border) Order (No 2) Amendment Order 2021.

2 Commencement

This order comes into force at 11.59 pm on 4 March 2021.

3 Principal order

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

4 New clause 31A inserted (Power for Minister to grant exemptions from this order)

After clause 31, insert:

31A 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.

Dated at Wellington this 2nd day of March 2021.

Hon Chris Hipkins,
Minister for COVID-19 Response.

Explanatory note

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

This order amends the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 to empower the Minister for COVID-19 Response to grant exemptions from any provision of that order. It comes into force at 11.59 pm on 4 March 2021.

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 COVID-19 Public Health Response Act 2020. 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: 2 March 2021.

This order is administered by the Ministry of Health.