COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021

  • revoked
  • COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021: revoked, at 11.59 pm on 2 December 2021, by clause 107 of the COVID-19 Public Health Response (Protection Framework) Order 2021 (SL 2021/386).

Schedule 2 Face covering and alert level 3 requirements

cls 11(6), 21, 22, 23, 28(2), 29, 30

Schedule 2: replaced, at 11.59 pm on 16 November 2021, by clause 15 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 15) 2021 (SL 2021/367).

Customers and clients allowed in workplace (clause 30)Face covering rule for all persons in parts of premises open to public (clause 23)1 m (rather than 2 m) physical distancing rule applies to all persons (clause 22)Additional conditions (clauses 28, 29, 30)
Category A business or service
1Rental car services and car share services✓✓
2Veterinary services and animal health and welfare services✓✓
3Services provided under the Oranga Tamariki Act 1989, and other social services provided to support persons to maintain critical well-being and as crisis support for people who are unsafe or homeless✓See clause 23(3)✓Contact record rule applies in relation to—

  • persons other than workers of the business and service; and

  • a category A social service with a public area, including a customer service counter

4Courts and tribunals (but note that this list does not affect the exclusion from the closure of premises in clause 25(2)(b))✓See clause 23(3)✓Contact record rule applies in relation to persons other than workers of the business or service or judicial officers
5Justice sector (other than the justice sector businesses and services specified elsewhere in this schedule)✓✓Contact record rule applies to all persons
Category B business or service
6

Retail businesses (for example, supermarkets, dairies, retail butchers, fishmongers, greengrocers, bakeries, marketplaces, takeaway food stores, petrol stations (including any stores operating as part of the petrol station), hardware and do-it-yourself stores, retail stores, banks, and self-service laundries), but not including shopping malls (see item 10)

✓✓Must have systems and processes in place to prevent food and drink from being served for consumption on premises
7Licensing trusts operating in Waitakere and Portage, but only in respect of the sale of alcohol under an off-licence✓✓

Must have systems and processes in place to prevent food and drink from being served for consumption on premises

8Pharmacies✓✓

Must have systems and processes in place to prevent food and drink from being served for consumption on premises

Contact record rule applies in relation to persons other than workers of the business or service

9Food banks✓✓Must have systems and processes in place to prevent food and drink from being served for consumption on premises
10Shopping malls✓✓

Must have systems and processes in place that allow access only for the purpose of 1 or both of the following:

  • enabling goods to be collected through a method that minimises physical contact:

  • enabling access to other businesses or services to which persons may have access under this schedule

Must have systems and processes in place to prevent food and drink from being served for consumption on premises

11Accommodation services✓
12Public areas of New Zealand Post Limited, including customer service counters✓✓

Must have systems and processes in place to prevent food and drink from being served for consumption on premises

13Car parking buildings✓✓

Must have systems and processes in place to prevent food and drink from being served for consumption on premises

14Public facilities (for example, libraries, museums, and zoos) (not including swimming pools or recreation centres)✓✓

Must have systems and processes in place to prevent food and drink from being served for consumption on premises

Contact record rule applies in relation to persons other than workers of the business or service

15Local authorities and central government agencies

In this item, local authority has the same meaning as in section 5(1) of the Local Government Act 2002

✓
Education entities
16Education entities (except early childhood services described in item 17)✓See clause 23(5A)Exempt—see clauses 22A and 30(2)

Must have systems and processes in place to manage numbers of students on site (including by allowing for part-time physical attendance)

17Early childhood services✓Exempt—see clauses 22A and 30(2)Must have systems and processes in place to keep children, students, and teachers, so far as is reasonably practicable, in groups that are appropriately sized and stable
18[Revoked]
Transport
19Transport stations and public transport services (other than those provided by means of air transport, small passenger service vehicles, ferries, or boats, or any public transport service where the service supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses))✓See clauses 12 and 23(5)✓Must have systems and processes in place to ensure that passengers remain seated in a vehicle when it is in motion and in use in the alert level 3 area or on a specified route
20Public transport services provided by ferries and boats, and any public transport service where the service supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses)✓See clause 12✓
21Public transport services provided by means of air transport or small passenger service vehicles✓See clauses 12 and 13See clause 30(1)(c)
Health
22Health services (other than pharmacies)✓See clause 23(6)Exempt—see clause 53

Contact record rule applies in relation to persons other than workers of the business or service

Drug and alcohol testing services
23

Drug and alcohol testing services necessary for work purposes

✓
In-home services
24The following services provided to a person (A) at A’s home or place of residence:

  • building, construction, and maintenance services:

  • housing services provided by landlords and property managers:

  • real estate or property relocation services:

  • home-help services (including cleaning services) for persons who require assistance because of sickness or disability:

  • utility services relating to—

    • gas:

    • electricity:

    • water:

    • waste:

    • waste water:

    • liquid or solid fuel:

✓See clause 23(8)Service may be provided only if—

  • no person other than a fellow resident of A (or a worker providing the service) is present when the business or service is provided:

  • in the case of real estate or property relocation services, no person is present when the service is provided other than—

    • a resident of the home or place of residence; and

    • residents of 1 other home or place of residence who are inspecting the property for the purposes of relocation, or who are relocating to the property; and

    • the minimum number of workers required to provide the service:

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

  • information technology maintenance and repair services:

  • security services (including locksmiths):

  • veterinary services and animal health and welfare services:

  • pest management services:

  • delivery, installation, and maintenance of consumer goods:

  • Government services:

  • building and resource consenting services (for example, building inspections and geotechnical inspections):

  • gardening and landscaping services:

  • services for deceased persons and tūpāpaku:

  • legal services to execute documents

  • in the case of legal services to execute documents,—

    • it is not reasonably practicable for the service to be provided through electronic means, such as under a relevant immediate modification order made under the Epidemic Preparedness Act 2006; and

    • the execution of the document is urgently required; and

    • no person is present when the service is provided other than a fellow resident, a worker, or up to 2 other people if those other people are necessary to enable the execution of the document

Contact record to be kept as required under clause 29

Venues
25Venue businesses ✓See clause 32(5)(d)

Must have systems and processes in place to ensure that the venue workplace is used only for the purpose of a controlled gathering

Contact record rule applies to all persons

26The following outdoor sports facilities:

  • golf courses:

  • tennis courts:

  • bowls greens:

  • croquet lawns

✓All indoor parts of facilities must remain closed to customers and clients
All other businesses and services
27All businesses and services other than those referred to in items 1 to 26See the additional condition

Must have systems and processes in place to ensure, so far as is reasonably practicable, that no customers or clients enter the workplace except to the minimum extent necessary to collect goods through a method that minimises physical contact and—

  • does not involve entering a building; or

  • involves entering a shopping mall, but not entering a business or service unless it is referred to items 1 to 26

Contact record rule applies to all persons

Schedule 2 item 16: replaced, on 17 November 2021, by clause 20(1) of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 14) 2021 (SL 2021/364).

Schedule 2 item 18: revoked, on 17 November 2021, by clause 20(2) of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 14) 2021 (SL 2021/364).