COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Notice 2021

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Reprint as at 8 June 2021

Coat of Arms of New Zealand

COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Notice 2021

(LI 2021/96)

Notice title: amended, at 7.59 pm on 25 May 2021, by clause 4 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice 2021 (LI 2021/115).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This notice is administered by the Ministry of Health.

Pursuant to clause 26 of the COVID-19 Public Health Response (Air Border) Order (No 2) 2020, the Minister for COVID-19 Response gives the following notice after complying with that clause.

Notice

1 Title

This notice is the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Notice 2021.

Clause 1: amended, at 7.59 pm on 25 May 2021, by clause 4 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice 2021 (LI 2021/115).

2 Commencement

This notice comes into force at 11.59 pm on 9 May 2021.

3 Interpretation

In this notice,—

qualifying pre-departure test, for a person, means a negative result, or a certificate, that would satisfy clause 8(2B)(a) of the Air Border Order.

Clause 3: replaced, at 11.59 pm on 4 June 2021, by clause 4 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 3) 2021 (LI 2021/135).

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Exemptions relating to QFT flights

Heading: replaced, at 7.59 pm on 25 May 2021, by clause 5 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice 2021 (LI 2021/115).

6 Exemptions allowing quarantine-free travel by person

(1)

A person who arrives in New Zealand on an aircraft undertaking a QFT flight is exempt from the requirements to comply with the following provisions of the Air Border Order:

(a)

clause 8(2A) (requirement for confirmed allocation):

(b)

clause 8(3) to (4) (requirement for isolation or quarantine).

(2)

An exemption under subclause (1) does not apply if the person fails to comply with the conditions set out in this notice.

Conditions of general application for QFT flights

Heading: replaced, at 7.59 pm on 25 May 2021, by clause 6 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice 2021 (LI 2021/115).

7 Person must have made required statement before boarding

(1)

An exemption under clause 6(1) is subject to the condition set out in this clause.

(2)

The condition is that, before the person boarded the aircraft, a statement was made by, or on behalf of, the person that—

(a)

the person is neither a close contact nor a casual contact; or

(b)

the person is a close contact and—

(i)

has, for 14 days after their last risk event, complied with the requirements of clauses 15D and 15G of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020—

(A)

as if they were a relevant worker and not required to notify the Ministry of Health of their intended place of self-isolation; and

(B)

with any other necessary modifications; and

(ii)

has evidence of a qualifying pre-departure test (unless the person is younger than 2 years old or an aircrew member); or

(c)

the person is a casual contact and—

(i)

has satisfied all health requirements imposed under the law of the QFT place in which they became a casual contact, including any requirements to isolate from others or be tested for COVID-19; and

(ii)

is departing on an aircraft for New Zealand no earlier than 14 days after their last risk event.

(3)

In this clause,—

casual contact means a person—

(a)

who, based on information issued by authorities in a QFT place, has or may have been exposed to a confirmed case or a probable case while the case was infectious; but

(b)

who is not a close contact

close contact means a person—

(a)

who, based on information issued by authorities in a QFT place, has or may have been exposed to a confirmed case or a probable case while the case was infectious; and

(b)

who was not wearing appropriate personal protective equipment when they were exposed; and

(c)

who was exposed in 1 or more of the following ways:

(i)

the person had direct contact with bodily fluids or laboratory specimens of the case:

(ii)

the person was present in the same room as the case in a health-care setting when an aerosol-generating procedure was undertaken on the case:

(iii)

the person was living in the same household (or a similar setting, such as a shared section of a hostel) with the case:

(iv)

the person was in an enclosed space with, and within 2 metres of, the case continuously for 15 minutes or more:

(v)

the person was seated on an aircraft within 2 metres of the case:

(vi)

the person was exposed to the case while they were working on an aircraft

confirmed case means a person who is confirmed to have COVID-19 in a QFT place at or after the start time for confirmed cases

information issued by authorities, in relation to a person in a QFT place, means information, advice, or a direction issued or given by (or on behalf of) the authorities in the QFT place, regardless of whether it is issued or given directly to the person or to the public generally (for example, locations of interest visited by a confirmed case that are posted on an Internet site by the department of health of a State of Australia)

last risk event, for a person, means the last event that meant the person became, or continued to be, a close contact or casual contact (as appropriate)

probable case means a close contact of a confirmed case who, within 14 days after first becoming a close contact, develops 1 or more of the following symptoms:

(a)

a new or worsening cough:

(b)

a sore throat:

(c)

shortness of breath:

(d)

a runny nose:

(e)

loss of sense of smell:

(f)

a fever

start time for confirmed cases means 7.30 pm on 17 April 2021 New Zealand time.

Clause 7(2)(b)(ii): amended, at 11.59 pm on 31 May 2021, by clause 4 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 2) 2021 (LI 2021/132).

Clause 7(3) qualifying pre-departure test: revoked, at 11.59 pm on 4 June 2021, by clause 5 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 3) 2021 (LI 2021/135).

8 Person must meet QFT prerequisites on arrival

(1)

The exemption under clause 6(1)(b) is subject to the condition set out in this clause.

(2)

The condition is that, on the person’s arrival in New Zealand, they meet all of the applicable QFT prerequisites except the prerequisite in clause 9 of Schedule 2 of the Air Border Order (which relates to contact tracing).

9 Person must be at low risk of having or transmitting COVID-19 on arrival

(1)

The exemption under clause 6(1)(b) is subject to the condition set out in this clause.

(2)

The condition is that the person is not someone who a relevant health professional determines, on the person’s arrival in New Zealand,—

(a)

is at more than a low risk of having or transmitting COVID-19; or

(b)

is a close contact of a person who is at more than a low risk of having or transmitting COVID-19.

(3)

In this clause, relevant health professional means—

(a)

a suitably qualified health practitioner responsible for the medical examination and testing of persons under clause 8(2) of the Air Border Order; or

(b)

a medical officer of health.

Conditions for QFT flights relating to State of Victoria, Australia

Heading: inserted, at 7.59 pm on 25 May 2021, by clause 7 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice 2021 (LI 2021/115).

Heading: amended, at 11.59 pm on 31 May 2021, by clause 5 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 2) 2021 (LI 2021/132).

10 Person must not have been in Greater Melbourne at or after specified time

(1)

An exemption under clause 6(1) is subject to the condition set out in this clause.

(2)

The condition is that the person has not been in Greater Melbourne at or after 11.59 pm on 27 May 2021 (New Zealand time).

(3)

The condition does not apply to a person who—

(a)

is an aircrew member; or

(b)

is a New Zealand citizen or the holder of a residence class visa; or

(c)

last departed from New Zealand after 5 April 2021 and—

(i)

is the holder of a temporary visa granted under the Immigration Act 2009; or

(ii)

is an Australian citizen under Australian law; or

(iii)

is the holder of a current permanent residence visa (including a resident return visa) issued by the Government of Australia; or

(d)

is a relevant family member of a person referred to in paragraph (b) or (c).

(4)

The condition applies only in relation to a QFT flight that departs for New Zealand on or after the commencement of this clause.

(5)

In this clause,—

dependent child, in relation to a person, has the meaning given by section 4 of the Immigration Act 2009

Greater Melbourne means any of the municipal districts in the State of Victoria, Australia specified in Schedule 2

holder, in relation to a visa granted under the Immigration Act 2009, has the meaning given by section 4 of that Act

New Zealand citizen has the meaning given by section 4 of the Immigration Act 2009

parent, in relation to a dependent child, means a person on whom the child is dependent

relevant family member, in relation to a person, means—

(a)

a spouse, civil union partner, or de facto partner of the person; or

(b)

a dependent child of the person; or

(c)

if the person is a dependent child, a parent of the person

residence class visa has the meaning given by section 4 of the Immigration Act 2009.

Clause 10: replaced, at 11.59 pm on 8 June 2021, by clause 4 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 4) 2021 (LI 2021/136).

10A Evidence of qualifying pre-departure test if person has been in State of Victoria, Australia at or after specified time

(1)

An exemption under clause 6(1) is subject to the condition set out in this clause if the person—

(a)

has been in the relevant State at any time at or after 7.59 pm on 25 May 2021 (New Zealand time); and

(b)

is not a person to whom the condition in clause 10 applies.

(2)

The condition is that, before the person boarded the aircraft, a statement was made by, or on behalf of, the person that they have evidence of a qualifying pre-departure test.

(3)

The condition applies only in relation to a relevant flight.

(4)

The condition does not apply to—

(a)

an aircrew member; or

(b)

a person who has already complied with the condition in connection with other relevant flights but only if, after the most recent of those flights, they have not returned to the relevant State; or

(c)

a person who is younger than 2 years old.

(5)

In this clause,—

relevant flight means a QFT flight that departs on or after the commencement of this clause

relevant State means the State of Victoria, Australia.

Clause 10A: replaced, at 11.59 pm on 4 June 2021, by clause 7 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 3) 2021 (LI 2021/135).

Clause 10A(1): replaced, at 11.59 pm on 8 June 2021, by clause 5 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 4) 2021 (LI 2021/136).

10B Aircrew members: evidence of qualifying pre-departure test

(1)

An exemption under clause 6(1) is subject to the condition set out in this clause if the person—

(a)

is an aircrew member; and

(b)

has been in the relevant State at or after 7.59 pm on 25 May 2021 (New Zealand time).

(2)

The condition is that, before the aircrew member boarded the aircraft, a statement was made by, or on behalf of, the aircrew member that they have evidence of a qualifying pre-departure test.

(3)

The condition applies only in relation to a relevant flight.

(4)

The condition does not apply to an aircrew member who has already complied with the condition in connection with other relevant flights but only if, after the most recent of those flights, they—

(a)

have not returned to the relevant State; or

(b)

have returned to the relevant State by aircraft and, until departing from that State, remained on the airside of the airport at which that aircraft landed in that State.

(5)

In this clause, relevant flight and relevant State have the meanings given by clause 10A.

Clause 10B: inserted, at 11.59 pm on 4 June 2021, by clause 8 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 3) 2021 (LI 2021/135).

Exemptions relating to relocating flights from State of Victoria, Australia

Heading: inserted, at 7.59 pm on 25 May 2021, by clause 7 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice 2021 (LI 2021/115).

11 Exemptions for aircrew members and others on relocating flights

(1)

A relevant worker is exempt from clause 8(2A) and (3) of the Air Border Order if—

(a)

they arrive in New Zealand on an aircraft undertaking a flight from the State of Victoria, Australia to New Zealand for the purpose of relocating the aircraft or relevant workers on board (whether or not the aircraft also carries freight) to New Zealand; and

(b)

the owner or charterer of the aircraft undertaking the flight is a QFT carrier.

(2)

It is a condition of the exemption from clause 8(3) of the Air Border Order that a suitably qualified health practitioner responsible for the medical examination and testing of the relevant worker under clause 8(2) of that order is satisfied that the worker is at no more than a low risk of having or transmitting COVID-19.

(3)

An exemption under this clause applies only in relation to a flight that departs for New Zealand on or after the commencement of this clause.

(4)

See clauses 20 and 21 of the Air Border Order, which set out exemptions for specified aircrew members, including exemptions from clause 8(2A) and (3) of that order.

(5)

In this clause,—

QFT carrier has the meaning given by clause 4A(2) of the Air Border Order

relevant worker means—

(a)

an aircrew member who is not a specified aircrew member; or

(b)

any person, other than an aircrew member, who is on the aircraft on which they arrive in New Zealand at the direction of a QFT carrier for which they work.

Clause 11: inserted, at 7.59 pm on 25 May 2021, by clause 7 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice 2021 (LI 2021/115).

Schedule 1 Transitional, savings, and related provisions

cl 4

Part 1 Provisions relating to this notice as made

1 This notice applies in relation to QFT flights departing on or after commencement

This notice applies only in relation to a QFT flight that departs for New Zealand on or after the commencement of this notice.

2 Revoked notices continue to apply in relation to QFT flights departing before commencement

The notices revoked by clause 5 continue to apply, but only in relation to a QFT flight that departs for New Zealand before the commencement of this notice.

Part 2 Provision relating to COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 4) 2021

Schedule 1 Part 2: inserted, at 11.59 pm on 8 June 2021, by clause 6(a) of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 4) 2021 (LI 2021/136).

3 QFT flights: condition that person must not have been in Greater Melbourne

(1)

Clause 10, as in force immediately before the commencement of the Amendment Notice, continues to apply in relation to a QFT flight that departed for New Zealand before that commencement.

Schedule 1 clause 3: inserted, at 11.59 pm on 8 June 2021, by clause 6(a) of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 4) 2021 (LI 2021/136).

Schedule 2 Greater Melbourne

cl 10

Schedule 2: inserted, at 11.59 pm on 4 June 2021, by clause 9 of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 3) 2021 (LI 2021/135).

Banyule

Bayside

Boroondara

Brimbank

Cardinia

Casey

Darebin

Frankston

Glen Eira

Greater Dandenong

Hobsons Bay

Hume

Kingston

Knox

Manningham

Maribyrnong

Maroondah

Melbourne

Melton

Monash

Moonee Valley

Moreland

Mornington Peninsula

Nillumbik

Port Phillip

Stonnington

Whitehorse

Whittlesea

Wyndham (except Little River)

Yarra

Yarra Ranges

Dated at Wellington this 9th day of May 2021.

Hon Chris Hipkins,
Minister for COVID-19 Response.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 9 May 2021.

Reprints notes
1 General

This is a reprint of the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Notice 2021 that incorporates all the amendments to that notice as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.