COVID-19 Public Health Response (Vaccinations) Order 2021

4 Interpretation

In this order, unless the context otherwise requires,—

affected aircraft means an aircraft (other than an aircraft undertaking a QFT flight) that arrives from a location outside New Zealand

affected airport means an airport at which an affected aircraft arrives from a location outside New Zealand

affected item means—

(a)

an item (apart from cargo or freight) removed for cleaning, disposal, or reuse from an affected ship or a passenger area of an affected aircraft:

(b)

an item removed for cleaning, disposal, or reuse from a managed quarantine facility or a managed isolation facility

affected person means a person who belongs to a group (or whose work would cause them to belong to a group)

affected port means a port where a ship arrives from a location outside New Zealand

affected ship means a ship with any person or persons on board who are required to be isolated or quarantined in accordance with a COVID-19 order

aircraft has the same meaning as in section 2(1) of the Civil Aviation Act 1990

aircrew member means any of the following persons:

(a)

cabin crew who—

(i)

are ordinarily resident in New Zealand; and

(ii)

work on an international flight (other than a QFT flight) on or after 15 July 2021:

(b)

other persons who—

(i)

are ordinarily resident in New Zealand; and

(ii)

are identified as crew members on a crew manifest for an affected aircraft that has travelled internationally on or after 15 July 2021; and

(iii)

have an international layover (whether airside or landside) during that travel:

(c)

cabin crew who, on or after 15 July 2021, travel on a domestic flight within New Zealand that carries international arriving or international transiting passengers (other than QFT persons) who have not yet completed isolation or quarantine at a managed isolation or quarantine facility

airside, in relation to an affected airport, means any part of the affected airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers (for example, a Customs-controlled area)

certain work, in relation to an affected person, means work that the affected person carries out (whether paid or unpaid) in respect of a group specified in Schedule 2

crew has the same meaning as in clause 4 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020

Defence Force has the same meaning as in section 2(1) of the Defence Act 1990

enclosed space,—

(a)

in relation to an aircraft, means an enclosed or a partially enclosed space on board the aircraft in which physical distancing from the aircrew or international arriving or international transiting passengers is not practicable:

(b)

in relation to an affected ship, means an enclosed or partially enclosed space on board the ship in which physical distancing from the ship’s crew is not practicable

excluded airport person, in relation to a group, means a person who—

(a)

works at an affected airport and only interacts with international departing passengers (other than international transiting passengers); or

(b)

works on the airside of an affected airport only in areas that are inaccessible to international arriving or international transiting passengers, and does not interact with international arriving or international transiting passengers on the landside of the affected airport

excluded port person, in relation to a group, means a person who is in isolation or quarantine on a ship under a COVID-19 order

group means a group of affected persons specified in the second column of an item of the table set out in Schedule 2

have contact with, in relation to persons who belong to different groups, means—

(a)

having face-to-face contact within 2 metres of each other for 15 minutes or more; or

(b)

being in a confined space within 2 metres of each other for 15 minutes or more

health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

landside, in relation to an affected airport, means any part of the affected airport that is not airside

managed isolation facility means a facility that is designated by the New Zealand Government for use as a place of isolation

managed quarantine facility means a facility that is designated by the New Zealand Government for use as a place of quarantine

physical distancing, in relation to other persons, means remaining at least 2 metres away from those persons

public service agency means any of the agencies listed in section 10(a) of the Public Service Act 2020

QFT flight has the meaning given by clause 4A of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020

QFT person has the meaning given by clause 4(1) of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020

register means the register that the Director-General must ensure is kept, maintained, and monitored under clause 12

relevant aircrew member means a person—

(a)

who is in isolation following a flight on which the person arrived in New Zealand; and

(b)

who was—

(i)

on the crew manifest for the flight; or

(ii)

on the flight at the direction of an airline for which the person carries out work as a pilot, co-pilot, or flight attendant

relevant PCBU means the PCBU (within the meaning of section 17 of the Health and Safety at Work Act 2015) who employs or engages an affected person to carry out certain work

service worker means a person who carries out work for or on behalf of—

(a)

the State services:

(b)

the Defence Force

ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

State services

(a)

means all instruments of the Crown in respect of the Executive Government of New Zealand, whether public service agencies, bodies corporate, agencies, or other instruments; and

(b)

includes Crown entities; but

(c)

excludes those instruments specified in paragraph (c) or (e) of the definition of State services in section 5 of the Public Service Act 2020

vaccinated, in relation to a person, means that the person has received 2 injections of the Pfizer/BioNTech COVID-19 vaccine

workers who handle affected items means persons—

(a)

who belong to a group specified in Part 6 of Schedule 2; and

(b)

who touch affected items while carrying out certain work for a relevant PCBU that is contracted to provide regular services for a managed quarantine facility, a managed isolation facility, an affected aircraft, or an affected ship (for example, cleaning, laundering, or refuse disposal services).

Clause 4 affected item: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 affected person: replaced, at 11.59 pm on 14 July 2021, by clause 5(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 aircraft: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 aircrew member: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 certain work: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 crew: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 Defence Force: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 enclosed space: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 excluded airport person: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 excluded port person: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 government official: revoked, at 11.59 pm on 14 July 2021, by clause 5(3) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 have contact with: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 health practitioner: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 landside: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 physical distancing: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 place: revoked, at 11.59 pm on 14 July 2021, by clause 5(4) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 register: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 relevant aircrew member: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 relevant PCBU: amended, at 11.59 pm on 14 July 2021, by clause 5(5) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 service worker: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 ship: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 State services: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 4 workers who handle affected items: inserted, at 11.59 pm on 14 July 2021, by clause 5(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).