COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021

  • Explanatory note updated on 8 November 2021.
11 New clause 9B inserted (Director-General may grant COVID-19 vaccination exemption)

After clause 9A, insert:

9B Director-General may grant COVID-19 vaccination exemption

(1)

A suitably qualified medical practitioner or nurse practitioner (the applicant) may apply for a COVID-19 vaccination exemption on behalf of a person who—

(a)

belongs to a group specified in Part 6, 7, 8, or 9 of the table in Schedule 2; and

(b)

is not vaccinated.

(2)

An application may be made only on the ground that the person on whose behalf the application is made (the person) meets the specified COVID-19 vaccination exemption criteria.

(3)

The person must—

(a)

certify that the information that they have provided to the applicant for the purposes of making the application is accurate; and

(b)

sign the application.

(4)

An application must be accompanied by a certificate signed by the applicant certifying that they—

(a)

have reviewed the person’s medical history and assessed the person’s state of health; and

(b)

have reasonable grounds for believing that the person meets the specified COVID-19 vaccination exemption criteria.

(5)

The applicant must state their grounds for believing that the person meets the specified COVID-19 vaccination exemption criteria.

(6)

On receiving an application, the Director-General may ask the applicant or person to provide any evidence or further information that the Director-General reasonably requires for the purposes of deciding whether to grant the application.

(7)

The Director-General may grant the application if the Director-General is satisfied, on the basis of the evidence or other information provided, that the person meets the specified COVID-19 vaccination exemption criteria.

(8)

A COVID-19 vaccination exemption is valid for the period that the Director-General determines, which must be no longer than 6 months.

(9)

The Director-General must notify the applicant and the person of the outcome of the application.

(10)

If the application is granted, the Director-General must provide a copy of the COVID-19 vaccination exemption in written or electronic form to the applicant and person that states the date on which the exemption expires.

(11)

At any time before or after a COVID-19 vaccination exemption expires, a new application for a further exemption may be made under this clause by any medical practitioner or nurse practitioner on behalf of the person in respect of whom an exemption was granted.

(12)

In this clause, specified COVID-19 vaccination exemption criteria means the criteria determining when a person may be granted a COVID-19 vaccination exemption that the Director-General has approved in a notice published—

(a)

on a publicly accessible Internet site maintained by or on behalf of the New Zealand Government; and

(b)

in the Gazette.