COVID-19 Public Health Response (Vaccinations) Order 2021

9 Relevant chief executive may authorise affected persons not vaccinated or who have not received booster dose to carry out certain work

(1)

This clause—

(a)

applies despite anything in clause 7 or 8; but

(b)

does not apply to an affected person who belongs to a group specified in Part 7 or 9 of the table in Schedule 2.

(2)

A relevant chief executive may authorise an affected person who has not been vaccinated or has not received a booster dose to carry out certain work if the work—

(a)

is unanticipated, necessary, and time-critical and cannot be carried out by a person who is vaccinated and has received a booster dose; and

(b)

must be carried out to prevent the ceasing of operations.

(3)

An affected person who is authorised to carry out certain work under subclause (2) may be authorised to re-enter as many times as is necessary to complete the work.

(4)

An affected person may enter any place without approval if they need to enter to preserve or protect a person’s life, health, or safety in an emergency.

(5)

In this clause, relevant chief executive,—

(a)

in relation to a worker at a managed isolation facility or a managed quarantine facility, means the chief executive of the responsible agency:

(b)

in relation to a worker who is not a service worker and who works at an affected port or on board an affected ship, means the Director of Maritime New Zealand:

(c)

in relation to a worker who is not a service worker and who works at an affected airport or on board an affected aircraft, means the Director of Civil Aviation:

(ca)

in relation to a staff member of a corrections prison, means the chief executive of the Department of Corrections:

(cb)
[Revoked]

(d)

in relation to any other worker, means the chief executive of the relevant PCBU.

Clause 9 heading: replaced, at 11.59 pm on 17 October 2021, by clause 6(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 2) 2021 (LI 2021/315).

Clause 9 heading: amended, at 11.59 pm on 23 January 2022, by clause 11 of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2022 (SL 2022/4).

Clause 9 heading: amended, at 11.59 pm on 1 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Clause 9(1): replaced, at 11.59 pm on 25 October 2021, by clause 7(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

Clause 9(2): amended, at 11.59 pm on 23 January 2022, by clause 11 of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2022 (SL 2022/4).

Clause 9(2): amended, at 11.59 pm on 1 December 2021, by clause 4(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Clause 9(2): amended, at 11.59 pm on 17 October 2021, by clause 6(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 2) 2021 (LI 2021/315).

Clause 9(2): amended, at 11.59 pm on 14 July 2021, by clause 9(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 9(2)(a): amended, at 11.59 pm on 23 January 2022, by clause 11 of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2022 (SL 2022/4).

Clause 9(2)(b): amended, at 11.59 pm on 14 July 2021, by clause 9(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 9(3): amended, at 11.59 pm on 17 October 2021, by clause 6(3) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 2) 2021 (LI 2021/315).

Clause 9(3): amended, at 11.59 pm on 14 July 2021, by clause 9(3) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 9(4): replaced, at 11.59 pm on 14 July 2021, by clause 9(4) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 9(4): amended, at 11.59 pm on 17 October 2021, by clause 6(3) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 2) 2021 (LI 2021/315).

Clause 9(5): replaced, at 11.59 pm on 14 July 2021, by clause 9(5) of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

Clause 9(5): amended, at 11.59 pm on 1 December 2021, by clause 4(3) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Clause 9(5)(a): amended, on 20 November 2021, by section 28 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Clause 9(5)(ca): inserted, at 11.59 pm on 25 October 2021, by clause 7(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

Clause 9(5)(ca): amended, at 11.59 pm on 6 November 2021, by clause 10 of the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (SL 2021/358).

Clause 9(5)(cb): revoked, at 11.59 pm on 4 April 2022, by clause 22 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).