COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 12) 2021

Order

1 Title

This order is the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 12) 2021.

2 Commencement

(1)

Clause 7 comes into force immediately after this order is notified in the Gazette.

(2)

The rest of this order comes into force at 11.59 pm on 7 November 2021.

Amendments to principal order

4 Clause 4 amended (Interpretation)

In clause 4(1), definition of QFT place, after paragraph (c), insert:

(d)

Samoa:

(e)

Tokelau:

(f)

Tonga:

(g)

Vanuatu

5 Clause 4A amended (Meaning of QFT flight)

(1)

In clause 4A(2), definition of QFT carrier, before paragraph (b), insert:

(a)

New Zealand Air Ambulance Service Limited:

(aa)

Aeromed Pacific Limited:

(2)

In clause 4A(2), definition of QFT carrier, after paragraph (b), insert:

(c)

if the QFT place concerned is Samoa, Air New Zealand Limited:

(d)

if the QFT place concerned is Tonga, Air New Zealand Limited:

(e)

if the QFT place concerned is Vanuatu, Air Vanuatu (Operations) Limited

6 Clause 7E amended (Vaccination requirements for person arriving in New Zealand by air)

In clause 7E(5),—

(a)

replace “In the clause” with “In this clause”; and

(b)

definition of exempt person, after “granted an exemption under clause 7G”, insert “or exempt under clause 9A or 9B”.

7 New clauses 9A and 9B and cross-heading inserted

In Part 3, after the subpart 2 heading, insert:

Exemptions from vaccination requirements

9A Aircraft turned back to New Zealand

(1)

A person arriving in New Zealand by air is exempt from clause 7E if the aircraft on which the person arrives did not land in a place outside New Zealand after it most recently departed from New Zealand (for example, it may have been necessary for the aircraft to return to New Zealand because of a mechanical fault).

(2)

This clause exempts a person from clause 7E only if, immediately before the aircraft’s most recent departure from New Zealand, the person—

(a)

was in New Zealand for at least 14 days; or

(b)

was in New Zealand for less than 14 days but was exempt from clause 7E in relation to the person’s most recent arrival in New Zealand.

9B Medical transfers

The following persons arriving in New Zealand by air are exempt from clause 7E:

(a)

a person who is assisting, as a medical attendant, with a medical transfer to New Zealand:

(b)

a person who is arriving to assist, as a medical attendant, with a medical transfer from New Zealand:

(c)

a person who is returning from assisting, as a medical attendant, with a medical transfer from New Zealand and who is ordinarily resident in New Zealand:

(d)

a patient who is being medically transferred to New Zealand:

(e)

a person accompanying a patient described in paragraph (d) for the purpose of providing support to the patient.

8 Schedule 1 amended

In Schedule 1,—

(a)

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

(b)

make all necessary consequential amendments.

9 Schedule 2 amended

(1)

In Schedule 2, after clause 3(1), insert:

Persons travelling from Tokelau

(1A)

The QFT prerequisite in the case of a relevant person travelling from Tokelau is that, during the specified 14-day period, the person has not been in any country other than—

(a)

New Zealand; or

(b)

Samoa; or

(c)

Tokelau.

(1B)

Subclause (1A) overrides subclause (1).

(2)

In Schedule 2, before clause 5(1), insert:

General

(3)

In Schedule 2, after clause 5(2), insert:

Aircrew members

(3)

The QFT prerequisite specified in subclause (2) does not apply in relation to an aircrew member for the QFT flight.

(4)

In Schedule 2, after clause 7(1), insert:

(1A)

However, this clause does not apply in relation to an aircrew member who is ordinarily resident in New Zealand.

(5)

In Schedule 2, clause 7(3), definition of relevant flight, after paragraph (a), insert:

(aa)

a flight to or from a low-risk destination on an aircraft carrying any passenger who has not been in New Zealand or a low-risk destination for the entire period that—

(i)

starts at the beginning of the 14th day before the day on which the passenger boards the aircraft; and

(ii)

ends when the passenger boards the aircraft; or

Consequential amendments and revocation

10 Consequential amendments to COVID-19 Public Health Response (Vaccinations) Order 2021

(2)

In clause 4, definition of affected aircraft, delete “(other than an aircraft undertaking a QFT flight)”.

(3)

In clause 4, definition of aircrew member, paragraph (a)(ii), delete “(other than a QFT flight)”.

(4)

In clause 4, definition of aircrew member, paragraph (c), delete “(other than QFT persons)”.

(5)

In clause 4, revoke the definitions of QFT flight and QFT person.

(6)

In Schedule 2, item 3.2, delete “(other than those arriving on QFT flights)”.

11 Consequential amendments to COVID-19 Public Health Response (Required Testing) Order 2020

(2)

In clause 4, definition of affected aircraft, delete “(other than an aircraft undertaking a QFT flight)”.

(3)

In clause 4, definition of aircrew member, paragraph (a)(ii), delete “(other than a QFT flight)”.

(4)

In clause 4, definition of aircrew member, paragraph (c), delete “(other than QFT persons)”.

(5)

In clause 4, revoke the definitions of QFT flight and QFT person.

(6)

In Schedule 2, items 3.10 and 3.14, delete “(other than those arriving on QFT flights)”.

Schedule New Part 9 inserted into Schedule 1

cl 8

Part 9 Provision relating to COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 12) 2021

8 Flights departing before commencement of Amendment Order

(1)

This clause applies to any provision of this order (the relevant provision) that is amended by a provision of the Amendment Order (the amending provision).

(2)

The relevant provision, as in force immediately before it is amended by the amending provision, continues to apply to persons arriving in New Zealand on an aircraft that departed before the commencement of the amending provision.

(3)

In this clause, Amendment Order means the COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 12) 2021.

Dated at Wellington this 3rd day of November 2021.

Hon Chris Hipkins,
Minister for COVID-19 Response.

Explanatory note

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

This order amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (the principal order). Clause 7, which creates exemptions from vaccination requirements, comes into force immediately after the order is notified in the Gazette. The rest of the order comes into force at 11.59 pm on 7 November 2021.

The effect of the amendments is to—

  • extend the quarantine-free travel exemptions, which currently apply only to the Cook Islands and Niue, to Samoa, Tokelau, Tonga, and Vanuatu (clauses 4, 5(2), and 9(1)):

  • designate 2 aeromedical providers as QFT carriers (New Zealand Air Ambulance Service Limited and Aeromed Pacific Limited) (clause 5(1)):

  • create 2 exemptions from the vaccination requirement for persons arriving in Zealand. The exemptions are for persons who arrive on an aircraft that has been turned back to New Zealand (clause 7, new clause 9A) and persons involved with medical transfers (clause 7, new clause 9B). Clause 6 makes a related consequential amendment:

  • change how QFT prerequisites in Schedule 2 of the principal order (the QFT schedule) apply to aircrew members as follows:

    • the QFT prerequisite in clause 5(2) of the QFT schedule requires that a person is not awaiting the results of any test for COVID-19 that the person has undergone in the 2 weeks before the person boarded the QFT flight. That prerequisite will not apply to an aircrew member for a QFT flight (clause 9(3)):

    • the QFT prerequisite in clause 7 of the QFT schedule requires an aircrew member who has been on a relevant flight to have had a recent negative result from a COVID-19 test. That prerequisite will not apply to aircrew members who are ordinarily resident in New Zealand (clause 9(4) and (5)).

Clause 8 inserts a new transitional provision into Schedule 1 of the principal order. An amendment made by this order will not apply to persons who arrive in New Zealand on a flight that departed before the amendment came into force.

This order must be approved by a resolution of the House of Representatives before the end of the relevant period described in section 16(2) of the COVID-19 Public Health Response Act 2020. If that does not happen, the order is revoked at the end of that period.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 3 November 2021.

This order is administered by the Ministry of Health.