COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 13) 2021

Order

1 Title

This order is the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 13) 2021.

2 Commencement

This order comes into force at 11.59 pm on 9 November 2021.

4 Clause 21 amended (Permissions for essential personal movement within each part of alert level 3 area)

In clause 21(1)(c)(iii), replace “item 24 of Part 1 or 2 of Schedule 2” with “item 24 of Part 1, 2, or 3 of Schedule 2”.

5 Part 3A revoked

Revoke Part 3A.

6 Part 1 of Schedule 2 replaced

Replace Part 1 of Schedule 2 with the Part 1 set out in the Schedule of this order.

7 Schedule 3 amended

In Schedule 3, before Part 1, definition of Alert level 3 area, replace “Part 1 and Part 2” with “Parts 1, 2, and 3”.

Schedule Part 1 of Schedule 2 replaced

cl 6

Part 1 Auckland part of alert level 3 area

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 homelessSee 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 15)

Must have systems and processes in place to prevent food and drink from being served for consumption on premises
7[blank]
8[blank]
9[blank]
10Licensing 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

11Pharmacies

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

12Food banksMust have systems and processes in place to prevent food and drink from being served for consumption on premises
13[blank]
14[blank]
15Shopping 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

16Accommodation services
17Public 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

17ACar parking buildings

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

17BPublic 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

17CLocal 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
18Education entities (except early childhood services and registered schools described in items 18A and 18B)See clause 23(4)

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; and

  • for registered schools, limit students’ physical attendance to students in years 1 to 10 and, for other students, as otherwise permitted by any direction given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020

18AEarly childhood servicesExempt—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
18BRegistered schools that students in years 9 to 13 are permitted to attend under a direction given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020See clause 23(4)Exempt—see clauses 22A and 30(2)Must have systems and processes in place to permit physical attendance by any direction given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020
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
19APublic 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
20Public transport services provided by means of air transport or small passenger service vehiclesSee clauses 12 and 13See clause 30(1)(c)
Health
21Health 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
21A

Drug and alcohol testing services necessary for work purposes

In-home services
21BThe 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:

  • 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

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:

  • 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
22Venue 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

23The 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
24All businesses and services other than those referred to in items 1 to 23See 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 23

Contact record rule applies to all persons

Dated at Wellington this 9th 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, which comes into force at 11.59 pm on 9 November 2021, amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021.

Clause 4 makes a minor technical amendment to fix a cross-referencing error.

Clause 5 revokes Part 3A, which sets out permissions for essential personal movement in the Auckland part of the alert level 3 area. The permissions applied at stage 1 of the alert level 3 step down, but do not apply at stage 2.

Clause 6 replaces Part 1 of Schedule 2, which sets out the face covering and alert level 3 requirements that apply in Auckland. The requirements set out in the replacement part are those that apply at stage 2 of the alert level 3 step down.

Clause 7 makes a minor technical amendment to fix a cross-referencing error.

Approval by resolution required

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

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 9 November 2021.

This order is administered by the Ministry of Health.