COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2021

2021/62

Coat of Arms of New Zealand

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2021

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

(a)

under sections 11 and 15(1) of the COVID-19 Public Health Response Act 2020; and

(b)

in accordance with section 9 of that Act.

Order

1 Title

This order is the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2021.

2 Commencement

This order comes into force at 11.59 pm on 9 April 2021.

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

3 Amendment to COVID-19 Public Health Response (Air Border) Order (No 2) 2020

This Part amends the 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 confirmed allocation with:

confirmed allocation has the meaning given by clause 15H of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

(2)

In clause 4(1), replace the definition of managed isolation allocation system with:

managed isolation allocation system has the meaning given by clause 15H of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

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

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

This Part amends the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020.

6 Part 2 heading replaced

Replace the Part 2 heading with:

Part 2 Management of isolation and quarantine facilities

Subpart 1—Management of MIQF allocations

15H Interpretation

In this subpart, unless the context otherwise requires,—

chief executive means the chief executive of MBIE

confirmed allocation means a confirmed allocation issued under the managed isolation allocation system to a low-risk MIQF

managed isolation allocation system means a managed isolation allocation system operated by or on behalf of the New Zealand Government

New Zealander means a person who—

(a)

is a New Zealand citizen; or

(b)

holds, or is deemed to hold, a permanent resident visa under the Immigration Act 2009.

15I Chief executive responsible for operation of managed isolation allocation system

(1)

The chief executive is responsible for the operation of the managed isolation allocation system.

(2)

The chief executive must ensure that the managed isolation allocation system does not at any time permit the issue of more confirmed allocations than the number of available allocations.

15J Issue of confirmed allocations

(1)

A person may obtain a confirmed allocation by—

(a)

registering on the managed isolation allocation system online portal and obtaining a voucher (an online allocation); or

(b)

applying to the chief executive in the form approved by the chief executive and submitting supporting evidence (an offline allocation).

(2)

The Minister must determine the apportionment between the issue of online allocations and offline allocations.

15K Online allocations

(1)

Online allocations to low-risk MIQFs may be issued on a basis that the Minister decides.

(2)

In making a decision under subclause (1), the Minister must take into account—

(a)

the right of New Zealanders to enter New Zealand; and

(b)

the need to mitigate, so far as possible, the social, economic, and other impacts of COVID-19.

(3)

The basis on which online allocations to low-risk MIQFs are issued may—

(a)

distinguish between different classes of persons entering New Zealand (for example, between New Zealanders and non-New Zealanders); and

(b)

prioritise allocations as between different classes of persons; and

(c)

reserve for a particular class, or any classes, of persons a specific proportion of allocations.

15L Offline allocations

(1)

Offline allocations to low-risk MIQFs may be issued to persons meeting the criteria decided by the Minister and published from time to time by the chief executive on MBIE’s Internet site.

(2)

A person may apply to the chief executive for an offline allocation and the chief executive must, as soon as is reasonably practicable, determine that application.

(3)

If the chief executive is satisfied that an application meets the criteria, the chief executive may issue to the applicant an offline allocation to a low-risk MIQF.

15M Amendment and cancellation of allocations

The chief executive of MBIE may at any time—

(a)

amend an online or offline allocation issued to any person (for example, if the starting date for isolation specified in an offline allocation issued to an individual is required to be changed because of a travel delay):

(b)

cancel an online or offline allocation issued to any person (for example, if the person no longer requires the allocation, or can no longer use the allocation because of a cancelled flight).

Subpart 2—Management of MIQF security

7 Clause 19 revoked (Revocation)

Revoke clause 19.

Dated at Wellington this 6th day of April 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, which comes into force at 11.59 pm on 9 April 2021, amends the following orders:

Part 1 of this order amends the Air Border Order so that confirmed allocation and managed isolation allocation system have the meanings given in the Isolation and Quarantine Order.

Part 2 of this order amends the Isolation and Quarantine Order to provide that the chief executive of the Ministry of Business, Innovation, and Employment (the chief executive) is responsible for the operation of the managed isolation allocation system. Allocations to low-risk managed isolation or quarantine facilities may be issued online and offline. Online allocations are issued on the basis determined by the Minister for COVID-19 Response and that basis may prioritise between different classes of persons and reserve a specific proportion of allocations for a particular class of persons. Offline allocations may be issued by the chief executive to persons satisfying the application criteria decided by the Minister and published on MBIE’s Internet site. The chief executive may at any time amend or cancel an allocation.

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: 7 April 2021.

This order is administered by the Ministry of Health.