Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order comes into force at 6 am on 7 March 2021.
Detailed explanation
Part 1 of this order sets out the purpose of this order (see clause 3) and definitions used in the order (see clause 4).
The purpose of this order is to prevent, and limit the risk of, the outbreak or spread of COVID-19.
Clause 5 provides for how the requirements in this order apply to businesses and services.
Clause 7 refers to the transitional, savings, and related provisions set out in Schedule 1.
Clause 8 sets out where parts of this order apply, as follows:
Part 3 applies in the alert level 2 area, to any property if a part of it is in the alert level 2 area, and to any other place if necessary for the purposes of enforcing the measures in those 2 places. The alert level 2 area means the area described in Schedule 3:
the rest of this order applies to the whole of New Zealand.
Alert level requirements to prevent outbreak or spread of COVID-19 that apply to all areas
Clauses 9 and 10 set out requirements for unique identifying codes for the purpose of enabling contact tracing (QR codes).
Clauses 11 to 13 set out face covering requirements on public transport services and domestic air transport services, and exemptions from those requirements.
Alert level 2 requirements to prevent outbreak or spread of COVID-19
Clause 14 sets out requirements for contact tracing in workplaces.
Clause 15 describes the 1-metre and 2-metre physical distancing rules.
Clause 17 requires a workplace to have systems and processes in place to—
maintain compliance with the 1-metre physical distancing rule (so far as is reasonably practicable) for workers; and
maintain compliance with the 2-metre physical distancing rule (so far as is reasonably practicable) for other persons entering the workplace of, or using the services, of the business or service; and
mitigate risks that arise to the extent that physical distancing is not fully maintained (such as through regular cleaning of surfaces or installing plastic barriers).
Clause 18 requires a person to comply, so far as is reasonably practicable, with either the 1-metre physical distancing rule or the 2-metre physical distancing rule, if that rule applies to the person.
The requirements in clauses 17 and 18 that relate to the 1-metre physical distancing rule and the 2-metre physical distancing rule apply except to the extent adjusted by clauses 19 to 25.
Clause 19 sets out adjusted requirements for category A businesses and services.
Clause 20 sets out adjusted requirements for education entities.
Clause 21 sets out adjusted requirements for public transport services.
Clause 22 sets out adjusted requirements for transport stations.
Clause 23 sets out adjusted requirements for controlled-access businesses and services, defined as—
businesses or services that have a largely consistent group of workers and that usually have a fixed workplace (such as office workplaces and factories):
businesses or services with customers or clients that are members of the business or service (such as gyms):
public facilities located within a building or structure (such as swimming pools, libraries, and museums):
event facilities such as cinemas, theatres, stadiums, concert venues, conference venues, and casinos.
However, retail businesses, such as shopping malls, supermarkets, marketplaces, takeaway-food stores, and retail stores, are excluded from clause 23.
Clause 24 sets out adjusted requirements for businesses or services with workplaces that customers may enter and where food or drink is sold or provided to be consumed there (such as restaurants, cafes, and soup kitchens).
Clause 25 sets out adjusted requirements for businesses or services that cannot operate without physical contact or close proximity between people (such as massage and hairdressing services and professional sports).
Clause 26 states that the requirements for social gatherings do not apply to gatherings of fellow residents.
Clause 27 sets out the number limit for a social gathering.
Clause 28 provides that the number limit for a social gathering does not include workers providing services in relation to the gathering.
Clause 29(1) provides that people must not attend a social gathering that exceeds the number limit (not including workers who are providing services in relation to the gathering). Clause 29(2) also provides that people must, if attending a social gathering, comply with requirements to enable contact tracing records to be kept.
Clause 30 requires the people responsible for a social gathering to ensure that the social gathering does not exceed the number limit.
Clause 31 requires the people responsible for a social gathering to ensure that contact tracing processes are in place. This does not apply if every person at the social gathering knows, and can identify for the purpose of contact tracing, every other person at the social gathering.
Exemptions
Clause 32 exempts people assisting in or responding to an emergency from the application of the order.
Clause 33 sets out other exemptions for specified activities and services.
Clause 34 empowers the Director-General of Health to grant exemptions from any provision of this order, subject to the Director-General being satisfied that certain criteria are met.
Revocation
Schedules
Schedule 1 is for transitional, savings, and related provisions.
Schedule 2 describes the category A businesses or services.
Schedule 3 is a description of the alert level 2 area.
Schedule 4 contains a map of the alert level 2 area.
Approval by resolution required
This order must be approved by a resolution of the House of Representatives before the expiry of the period described in section 16(2) of the COVID-19 Public Health Response Act 2020. If this does not happen, the order is revoked on the expiry of that period.