COVID-19 Public Health Response (Vaccinations) Order 2021

Schedule 1 Transitional, savings, and related provisions

cl 5

Part 1 Provisions relating to this order as made

1 Transitional provision for affected persons on or before commencement

If, on or before the commencement of this clause, an affected person has had 1 injection of the Pfizer/BioNTech COVID-19 vaccine, the affected person must be treated as being vaccinated until the close of 4 June 2021.

2 Transitional provision for persons who become affected persons after commencement

(1)

This clause applies to a person who becomes an affected person on or after 1 May 2021.

(2)

The person must, until the date that is 35 days after the date on which they become an affected person, be treated as being vaccinated if they have had 1 injection of the Pfizer/BioNTech COVID-19 vaccine before becoming an affected person.

Part 2 Provisions relating to COVID-19 Public Health Response (Vaccinations) Amendment Order 2021

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

3 Transitional provision for affected persons on or before commencement

(1)

If an affected person who belongs to a group specified in Schedule 2 (as replaced by the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021) is not vaccinated before 11.59 pm on 14 July 2021, the affected person must,—

(a)

if the person is a service worker,—

(i)

have their first injection of the Pfizer/BioNTech COVID-19 vaccine before the close of 26 August 2021; and

(ii)

have their second injection of the Pfizer/BioNTech COVID-19 vaccine no later than 35 days after their first injection:

(b)

if the person is not a service worker,—

(i)

have their first injection of the Pfizer/BioNTech COVID-19 vaccine before the close of 30 September 2021; and

(ii)

have their second injection of the Pfizer/BioNTech COVID-19 vaccine no later than 35 days after their first injection.

(2)

However, if clause 1 of this schedule applied to the affected person before 11.59 pm on 14 July 2021, the requirements of that clause continue to apply as if the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 had not been made.

Schedule 1 clause 3: inserted, at 11.59 pm on 14 July 2021, by clause 14 of the COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 (LI 2021/182).

4 Transitional provision for persons who become affected persons after commencement

(1)

This clause applies to a person—

(a)

who is a service worker and who becomes an affected person on or after 26 August 2021:

(b)

who is not a service worker and who becomes an affected person on or after 30 September 2021.

(2)

The person must, until the date that is 35 days after the date on which they become an affected person, be treated as being vaccinated if they have had 1 injection of the Pfizer/BioNTech COVID-19 vaccine before becoming an affected person.

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

Part 3 Provisions relating to COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021

Schedule 1 Part 3: inserted, at 11.59 pm on 25 October 2021, by clause 13(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

Health and disability sector

Heading: inserted, at 11.59 pm on 25 October 2021, by clause 13(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

5 Transitional provision for affected persons working in health and disability sector before commencement

(1)

If an affected person who belongs to a group specified in Part 7 of the table in Schedule 2 is not vaccinated before the commencement of this clause, the affected person must—

(a)

be treated as vaccinated until 15 November 2021 if they have their first dose of a COVID-19 vaccine before the close of that date:

(b)

be treated as vaccinated until 1 January 2022 (and after that date) if they—

(i)

have their first dose of a COVID-19 vaccine before the close of 15 November 2021; and

(ii)

have their second dose of a COVID-19 vaccine before the close of 1 January 2022.

(2)

If an affected person who belongs to a group specified in Part 7 of the table in Schedule 2 is not vaccinated before the commencement of this clause and does not have their first dose of a COVID-19 vaccine before the close of 15 November 2021, the affected person must be treated as vaccinated—

(a)

on the date on which they have their first dose of a COVID-19 vaccine; and

(b)

from that date until 1 January 2022 (and after 1 January 2022) if they have their second dose of a COVID-19 vaccine before the close of 1 January 2022.

Schedule 1 clause 5: inserted, at 11.59 pm on 25 October 2021, by clause 13(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

Corrections prisons

Heading: replaced, at 11.59 pm on 6 November 2021, by clause 13(1) of the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (SL 2021/358).

6 Transitional provision for affected persons working in corrections prisons before commencement

(1)

If an affected person who belongs to a group specified in Part 8 of the table in Schedule 2 is not vaccinated before the commencement of this clause, the affected person must—

(a)

be treated as vaccinated until 6 November 2021 if they have their first dose of the Pfizer/BioNTech COVID-19 vaccine before the close of that date:

(b)

be treated as vaccinated until 8 December 2021 (and after that date) if they—

(i)

have their first dose of the Pfizer/BioNTech COVID-19 vaccine before the close of 6 November 2021; and

(ii)

have their second dose of the Pfizer/BioNTech COVID-19 vaccine before the close of 8 December 2021.

(2)

If an affected person who belongs to a group specified in Part 8 of the table in Schedule 2 is not vaccinated before the commencement of this clause and does not have their first dose of the Pfizer/BioNTech COVID-19 vaccine before the close of 6 November 2021, the affected person must be treated as vaccinated—

(a)

on the date on which they have their first dose of the Pfizer/BioNTech COVID-19 vaccine; and

(b)

from that date until 8 December 2021 (and after 8 December 2021) if they have their second dose of the Pfizer/BioNTech COVID-19 vaccine before the close of 8 December 2021.

Schedule 1 clause 6: inserted, at 11.59 pm on 25 October 2021, by clause 13(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

Schedule 1 clause 6 heading: amended, at 11.59 pm on 6 November 2021, by clause 13(2) of the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (SL 2021/358).

Schedule 1 clause 6(1)(a): amended, at 11.59 pm on 29 November 2021, by clause 9(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 6(1)(b)(i): amended, at 11.59 pm on 29 November 2021, by clause 9(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 6(1)(b)(ii): amended, at 11.59 pm on 29 November 2021, by clause 9(3) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 6(2): amended, at 11.59 pm on 29 November 2021, by clause 9(4) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 6(2)(a): amended, at 11.59 pm on 29 November 2021, by clause 9(4) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 6(2)(b): amended, at 11.59 pm on 29 November 2021, by clause 9(4) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Affected education services

Heading: inserted, at 11.59 pm on 25 October 2021, by clause 13(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

7 Transitional provision for affected persons working in affected education services before commencement

(1)

If an affected person who belongs to a group specified in Part 9 of the table in Schedule 2 is not vaccinated before the commencement of this clause, the affected person must—

(a)

be treated as being vaccinated until 15 November 2021 if they have their first dose of a COVID-19 vaccine before the close of that date:

(b)

be treated as vaccinated until 1 January 2022 (and after that date) if they—

(i)

have their first dose of a COVID-19 vaccine before the close of 15 November 2021; and

(ii)

have their second dose of a COVID-19 vaccine before the close of 1 January 2022.

(2)

If an affected person who belongs to a group specified in Part 9 of the table in Schedule 2 is not vaccinated before the commencement of this clause and does not have their first dose of a COVID-19 vaccine before the close of 15 November 2021, the affected person must be treated as vaccinated—

(a)

on the date on which they have their first dose of a COVID-19 vaccine; and

(b)

from that date until 1 January 2022 (and after 1 January 2022) if they have their second dose of a COVID-19 vaccine before the close of 1 January 2022.

Schedule 1 clause 7: inserted, at 11.59 pm on 25 October 2021, by clause 13(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

8 Transitional provision for relevant PCBUs of affected education services

Clause 8(1) and (3) does not apply to a relevant PCBU of an affected education service until 2 January 2022.

Schedule 1 clause 8: inserted, at 11.59 pm on 25 October 2021, by clause 13(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021 (LI 2021/325).

Part 4 Provisions relating to COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021

Schedule 1 Part 4: inserted, at 11.59 pm on 7 November 2021, by clause 13(3)(a) of the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (SL 2021/358).

9 Transitional provision for Police employees working where health services are provided or at or for affected education services before commencement

(1)

This clause applies despite clauses 5 and 7.

(2)

If an affected person who belongs to a group specified in item 7.2 or 9.1 of the table in Schedule 2 is a Police employee and is not vaccinated before the commencement of this clause, the affected person must—

(a)

be treated as vaccinated until 17 January 2022 if they have their first dose of a COVID-19 vaccine before the close of that date:

(b)

be treated as vaccinated until 1 March 2022 (and after that date) if they—

(i)

have their first dose of a COVID-19 vaccine before the close of 17 January 2022; and

(ii)

have their second dose of a COVID-19 vaccine before the close of 1 March 2022.

(3)

If an affected person who belongs to a group specified in item 7.2 or 9.1 of the table in Schedule 2 is a Police employee who is not vaccinated before the commencement of this clause and does not have their first dose of a COVID-19 vaccine before the close of 17 January 2022, the affected person must be treated as vaccinated—

(a)

on the date on which they have their first dose of a COVID-19 vaccine; and

(b)

from that date until 1 March 2022 (and after that date) if they have their second dose of a COVID-19 vaccine before the close of 1 March 2022.

(4)

In this clause, Police employee has the same meaning as in section 4 of the Policing Act 2008.

Schedule 1 clause 9: inserted, at 11.59 pm on 7 November 2021, by clause 13(3)(a) of the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (SL 2021/358).

Schedule 1 clause 9(2)(a): amended, at 11.59 pm on 29 November 2021, by clause 9(5) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 9(2)(b): amended, at 11.59 pm on 29 November 2021, by clause 9(6) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 9(2)(b)(i): amended, at 11.59 pm on 29 November 2021, by clause 9(7) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 9(2)(b)(ii): amended, at 11.59 pm on 29 November 2021, by clause 9(8) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 9(3): amended, at 11.59 pm on 29 November 2021, by clause 9(9) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Schedule 1 clause 9(3)(b): amended, at 11.59 pm on 29 November 2021, by clause 9(10) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

10 Transitional provision for affected workers who are exempt persons before commencement of Amendment Order

(1)

This clause applies to an affected worker who—

(a)

belongs to a group specified in Part 6 or 8 of the table in Schedule 2; and

(b)

was granted an exemption under clause 7A before the commencement of the Amendment Order.

(2)

An affected worker continues to be an exempt person until the earlier of the following dates:

(a)

the close of 21 November 2021:

(b)

the close of the date on which they receive notification that an application made on their behalf under clause 9B has not been granted.

(3)

For the purposes of this clause,—

(a)

the definition of exempt person set out in clause 4 of this order as in force immediately before the commencement of the Amendment Order continues to apply; and

(b)

clause 7A of this order as in force immediately before the commencement of the Amendment Order continues to apply.

(4)

In this clause, Amendment Order means the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021.

Schedule 1 clause 10: inserted, at 11.59 pm on 7 November 2021, by clause 13(3)(a) of the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (SL 2021/358).

Part 5 Provision relating to COVID-19 Public Health Response (Vaccinations) Amendment Order (No 4) 2021

Schedule 1 Part 5: inserted, at 11.59 pm on 12 November 2021, by clause 6(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 4) 2021 (SL 2021/366).

11 Transitional provision for FENZ personnel working where health services are provided or at or for affected education services before commencement

(1)

This clause applies despite clauses 5 and 7.

(2)

If an affected person who belongs to a group specified in item 7.2 or 9.1 of the table in Schedule 2 is a FENZ personnel member and is not vaccinated before the commencement of this clause, the affected person must—

(a)

be treated as vaccinated until 29 November 2021 if they have their first dose of a COVID-19 vaccine before the close of that date:

(b)

be treated as vaccinated until 14 January 2022 (and after that date) if they—

(i)

have their first dose of a COVID-19 vaccine before the close of 29 November 2021; and

(ii)

have their second dose of a COVID-19 vaccine before the close of 14 January 2022.

(3)

If an affected person who belongs to a group specified in item 7.2 or 9.1 of the table in Schedule 2 is a FENZ personnel member who is not vaccinated before the commencement of this clause and does not have their first dose of a COVID-19 vaccine before the close of 29 November 2021, the affected person must be treated as vaccinated—

(a)

on the date on which they have their first dose of a COVID-19 vaccine; and

(b)

from that date until 14 January 2022 (and after that date) if they have their second dose of a COVID-19 vaccine before the close of 14 January 2022.

(4)

In this clause, FENZ personnel has the same meaning as in section 6 of the Fire and Emergency New Zealand Act 2017.

Schedule 1 clause 11: inserted, at 11.59 pm on 12 November 2021, by clause 6(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 4) 2021 (SL 2021/366).

Part 6 Provision relating to COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021

Schedule 1 Part 6: inserted, at 11.59 pm on 29 November 2021, by clause 9(11)(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

12 Transitional provision for certain affected persons

(1)

This clause applies despite anything in Part 3 of this schedule.

(2)

If an affected person who belongs to a group specified in item 8.1 of Part 8 of the table in Schedule 2—

(a)

has had no doses of a COVID-19 vaccine before the commencement of this clause, the affected person must be treated as vaccinated if, before the close of 31 March 2022,—

(i)

they have 2 doses of a COVID-19 vaccine; and

(ii)

at least 1 of the 2 doses is the AstraZeneca vaccine:

(b)

has had 1 dose of a COVID-19 vaccine before the commencement of this clause, the affected person must be treated as vaccinated if, before the close of 31 March 2022,—

(i)

they have 1 more dose of a COVID-19 vaccine; and

(ii)

at least 1 of the 2 doses is the AstraZeneca vaccine.

(3)

An affected person must not carry out certain work until they have complied with subclause (2).

Schedule 1 clause 12: inserted, at 11.59 pm on 29 November 2021, by clause 9(11)(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

13 Transitional provision for certain relevant PCBUs

(1)

This clause applies on and after 11.59 pm on 1 December 2021.

(2)

Clause 11A of this order applies to a relevant PCBU who employs or engages an affected person who belongs to a group specified in item 8.1 of Part 8 of Schedule 2 until 11.59 pm on 16 December 2021.

Schedule 1 clause 13: inserted, at 11.59 pm on 29 November 2021, by clause 9(11)(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 (SL 2021/384).

Part 7 Provisions relating to COVID-19 Public Health Response (Vaccinations) Amendment Order (No 6) 2021

Schedule 1 Part 7: inserted, on 3 December 2021, by clause 9(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 6) 2021 (SL 2021/385).

14 Transitional provision for affected persons working in settings where CVC required for persons to enter place or receive service before commencement

(1)

If an affected person who belongs to a group specified in Part 10 of the table in Schedule 2 is not vaccinated before the commencement of this clause, the affected person must—

(a)

be treated as vaccinated on the day on which they have their first dose of a COVID-19 vaccine; and

(b)

be treated as vaccinated until 17 January 2022 (and after that date) if they have their second dose of a COVID-19 vaccine before the close of that date.

(2)

If an affected person who belongs to a group specified in Part 10 of the table in Schedule 2 has received their first dose of a COVID-19 vaccine before the commencement of this clause, the affected person must be treated as vaccinated until 17 January 2022 (and after that date) if they receive their second dose of a COVID-19 vaccine before the close of that date.

Schedule 1 clause 14: inserted, on 3 December 2021, by clause 9(a) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 6) 2021 (SL 2021/385).