COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 13) 2021

2021/193

Coat of Arms of New Zealand

COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 13) 2021

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) Amendment Notice (No 13) 2021.

2 Commencement

This notice comes into force at 11.59 pm on 20 July 2021.

4 Clause 3 amended (Interpretation)

In clause 3(1), definition of affected Australian State, after paragraph (b), insert:

(c)

the State of South Australia

5 Clause 10 amended (Person must not have been in affected Australian State at or after specified time)

(1)

After clause 10(2)(b), insert:

(c)

the State of South Australia at or after 11.59 pm on 20 July 2021 (New Zealand time).

(2)

After clause 10(3), insert:

(4)

The condition also does not apply to a person to whom subclause (2)(c) applies and who—

(a)

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

(b)

last departed from New Zealand on or after 6 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

(c)

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

(5)

In this clause,—

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

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)

the 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.

6 Schedule 1 amended

In Schedule 1,—

(a)

insert the Part set out in the Schedule of this notice as the last Part; and

(b)

make all necessary consequential amendments.

Schedule New Part 11 inserted into Schedule 1

cl 6

Part 11 Provision relating to COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 13) 2021

17 QFT flights departing before commencement of Amendment Notice

(1)

Former clause 10 continues to apply in relation to a QFT flight that departed for New Zealand before the commencement of the Amendment Notice.

(2)

In this clause,—

Amendment Notice means the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Amendment Notice (No 13) 2021

former clause 10 means clause 10 of this notice as in force immediately before the commencement of the Amendment Notice.

Dated at Wellington this 20th day of July 2021.

Hon Chris Hipkins,
Minister for COVID-19 Response.

Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice amends the COVID-19 Public Health Response (Exemptions and Conditions for Quarantine-free Travel) Notice 2021 (the principal notice). It comes into force at 11.59 pm on 20 July 2021.

The principal notice exempts a person who arrives in New Zealand on an aircraft undertaking a quarantine-free travel flight (a QFT flight) from the requirement in the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 for isolation or quarantine after that arrival. The exemption is subject to certain conditions.

One condition is that a person has not been in the Australian States of New South Wales or Victoria on or after certain times and dates (with some exceptions).

This notice expands that condition so that a person also must not have been in the State of South Australia at or after 11.59 pm on 20 July 2021 (New Zealand time). However, this expansion of the condition does not apply to the following persons:

(a)

New Zealand citizens or holders of a residence class visa:

(b)

persons who last departed from New Zealand on or after 6 April 2021 and—

(i)

hold a temporary visa granted under the Immigration Act 2009; or

(ii)

are Australian citizens; or

(iii)

hold a current permanent residence visa (including a resident return visa) issued by the Government of Australia:

(c)

certain family members of the persons described in paragraph (a) or (b).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 July 2021.

This notice is administered by the Ministry of Health.