COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021

  • revoked
  • COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021: revoked, at 11.59 pm on 31 August 2021, by clause 45 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021 (LI 2021/227).

Schedule 2 Alert level 4 businesses or services

cls 4(1), 20

NumberBusiness or serviceCustomers and clients allowed in the workplace1-metre physical distancing rule applies to customers and clients under clause 20Additional conditions
1SupermarketsMust have systems and processes in place to prevent food and drink from being served for consumption on premises
1ADairies

Must have systems and processes in place to prevent the following:

  • food and drink being served for consumption on premises:

  • the sale or offer of food and drink that requires further preparation or packaging on premises after the sale or offer.

2Petrol stations, including any stores operating as part of the petrol station

Must have systems and processes in place to prevent the following:

  • food and drink being served for consumption on premises:

  • the sale or offer of food and drink that requires further preparation or packaging on premises after the sale or offer.

3Licensing trusts operating in Waitakere, Portage, Mataura, and Invercargill, but only in respect of the sale of alcohol under an off-licenceMust have systems and processes in place to prevent food and drink from being served for consumption on premises
4PharmaciesMust have systems and processes in place to prevent food and drink from being served for consumption on premises
5Food banksMust have systems and processes in place to prevent food and drink from being served for consumption on premises
6Self-service laundriesMust have systems and processes in place to prevent food and drink from being served for consumption on premises
7Hardware and do-it-yourself storesMust only be for the purpose of selling to trade customers
8

Food delivery services for—

  • bakeries:

  • uncooked food suppliers:

  • alcohol suppliers

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

8ACooked food delivery services (but only if referred by the Ministry of Social Development, a District Health Board, or the Accident Compensation Corporation (for example, Meals on Wheels))

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

9

Sale of essential non-food consumer products (via online ordering and contactless delivery) that are necessary for people to remain healthy and safe while isolating, to work or study from home, and to stay in communication with whānau and friends and remain up to date with news and health information, including—

  • necessary clothing, footwear, and bedding:

  • urgently required whiteware and appliances (for example, refrigerators, heaters, washing machines and dryers, vacuum cleaners, fans, and dehumidifiers):

  • urgently required cooking, cleaning, and laundry equipment:

  • medicinal and hygiene products (for example, medication, PPE, first aid products, soaps, shampoos, moisturisers, and hand sanitisers):

  • urgently required items for transport maintenance (for example, bicycle and automotive parts and repair kits):

  • materials for urgent home repair:

  • urgently required communication devices (for example, mobile phones, computer equipment, modems and Internet equipment, televisions, and radios):

  • urgently required educational materials and books:

  • urgently required home office equipment

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

10Accommodation servicesMust have systems and processes in place to prevent food and drink from being served for consumption on premises
11

Building, construction, and maintenance services required for 1 or both of the following:

  • to address immediate risks to health and safety:

  • nationally important infrastructure

In this item, nationally important infrastructure means infrastructure that enables or supports supply chains that are needed for 1 or both of the following:

  • to provide for the current needs of people and communities:

  • to enable or support the recovery of the whole or any part of New Zealand from the effects of COVID-19

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

12Any entity with statutory responsibilities for building and resource consenting that is necessary to enable the building, construction, and maintenance services referred to in item 11

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

13Justice sector, including Courts of New Zealand, and tribunals (but note that this list does not affect the exclusion from the closure of premises in clause 18(2)(b))See clause 17(4)

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

14

The following services:

  • freight services (including those for transporting livestock) provided by means of road, rail, air, or sea:

  • any other transport and logistics services, including those provided at or through an aerodrome or a port

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

15Passenger services provided by means of road, rail, air, or sea (excluding public transport services provided by means of air transport or a small passenger service vehicle)
15APublic transport services provided by means of air transport or a small passenger service vehicleSee clause 20(d)
15BTransport stations
16Primary industries (being food and beverage processing, packaging, and production for both domestic consumption or export, plus the relevant support services) and veterinary and animal health and welfare services

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

17

Scientific services (including research organisations) of the following kind or provided by the following entities or facilities:

  • ESR, GNS, GeoNet, NIWA, MetService:

  • services involved in COVID-19 response, including laboratories and Physical Containment level 3 (PC3) facilities:

  • services involved in hazard monitoring and resilience:

  • services involved in diagnostics for critical businesses or services like biosecurity, food safety, or public health:

  • other significant research facilities, including animal facilities, clinical trials, and infrastructure that requires constant attention (for example, samples, collections, and storage facilities), that are important to New Zealand

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

18Entities required to provide distance or online learning for primary and secondary education

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

19School hostelsMust keep students and staff, so far as is reasonably practicable, in groups that are appropriately sized and stable
20Social and community based services provided to support persons to maintain critical well-being or as crisis support for people who are unsafe or homeless
21

Key utilities, which means utilities that provide for the production, supply, sale, distribution, or disposal of 1 or more of the following:

  • electricity:

  • gas:

  • water:

  • wastewater (for example, sanitation):

  • waste (for example, rubbish collection and recycling):

  • liquid or solid fuel:

  • telecommunications services (as defined in section 5 of the Telecommunications Act 2001)

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

22

Key communications, which—

  • means news (including news production) and broadcast media; and

  • includes delivery of newspapers for non-English-language material audiences or communities that have limited access to digital connectivity and are hard to reach due to physical location

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

23

Government services, including services provided by State services and local authorities, but only if—

  • the service is a regulatory, defence, or social service, or relates to the COVID-19 response or infrastructure; and

  • provision of the service cannot reasonably be delayed (for example, because a delay would breach an obligation under an enactment, risk harm to people or communities, or risk damage to the environment)

In this item, State services has the same meaning as in section 5 of the Public Service Act 2020 and local authority has the same meaning as in section 5(1) of the Local Government Act 2002

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

24Foreign Government (maintaining critical operations of foreign missions based in New Zealand)

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

25Security services (including locksmiths)

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

26Pest management services

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

27Essential elements of pulp and paper plants

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

28

The essential operations of the following businesses and services:

  • the Golden Bay Cement manufacturing plant in Portland, Whangarei:

  • Methanex New Zealand:

  • New Zealand Steel:

  • Tiwai Point aluminium smelter

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

29Businesses or services necessary, during the period that the business or service is operating in an alert level 4 area, to maintain any of the following:
  • other alert level 4 businesses or services:

  • exempt businesses or services.

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

30Services for deceased persons or tūpāpaku, including, for example, funeral homes, crematoria, or cemeteries

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

31Unions, if reasonably necessary to provide a service that cannot reasonably be delayed (for example, because a delay would risk the health and safety of workers)

Must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters the workplace—

  • scans the QR code for the workplace; or

  • provides details in a contact tracing record that the person in control of the workplace collects.

Schedule 2 table: replaced, at 11.59 pm on 23 August 2021, by clause 6 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 (LI 2021/223).

Schedule 2 item 28: replaced, at 11.59 pm on 25 August 2021, by clause 5 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 5) 2021 (LI 2021/225).

Dated at Wellington this 17th day of August 2021.

Hon Chris Hipkins,
Minister for COVID-19 Response.