COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021

2021/365

Coat of Arms of New Zealand

COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021

This order is made by the Minister for COVID-19 Response under sections 11 and 15(1) of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.

Order

1 Title

This order is the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021.

2 Commencement

This order comes into force at 11.59 pm on 13 November 2021.

Part 1 Amendments to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

4 Clause 10 amended (Period of isolation or quarantine)

(1)

In clause 10(1)(a), replace “14th” with “7th”.

(2)

In clause 10(1)(b), replace “28th” with “20th”.

(3)

After clause 10(4), insert:

Extensions

(5)

The chief executive of MBIE may, in exceptional circumstances related to preventing, and limiting the risk of, the outbreak or spread of COVID-19, allow the person’s period of isolation or quarantine to end up to 7 days later than it would otherwise end under this clause.

(6)

In subclause (5), exceptional circumstances may include where an individual or group is unable to self-isolate in accordance with Part 1C.

5 Clause 15GG amended (Period of self-isolation)

(1)

In clause 15GG(1)(b), replace “14th” with “10th”.

(2)

In clause 15GG(2)(a)(ii), replace “28th” with “20th”.

6 New Part 1C inserted

After Part 1B, insert:

Part 1C Self-isolation after period of isolation or quarantine ends until return of day 9 negative test

15GL Interpretation

In this Part, unless the context otherwise requires,—

day 9, for a person, means the 9th day after their start time under clause 10

period of self-isolation under this Part, for a person, means the period starting when subpart 1 starts to apply to them under clause 15GM and ending when subpart 1 ceases to apply to them under clause 15GN

place of self-isolation, for a person, means the place referred to in clause 15GO.

Subpart 1—Requirements for self-isolation

15GM Application of this subpart

(1)

This subpart applies to a person immediately on and after their period of isolation or quarantine under Part 1 ends on the 7th day referred to in clause 10.

(2)

This subpart also applies, immediately on and after they leave an MIQF, to a person who is granted a special authorisation under clause 14 on condition that they report for, and undergo, medical examination and testing for COVID-19 on day 9.

15GN Period of self-isolation

This subpart ceases to apply to a person after they receive a negative result of their COVID-19 test taken on or after day 9.

15GO Requirement to notify Ministry of Health

(1)

The person must notify the Ministry of Health, in the manner approved by the Director-General, of—

(a)

the address of the residence or other accommodation that they intend to be their place of self-isolation under this Part; and

(b)

an email address and telephone number at which they may be contacted.

(2)

The person must give that notification—

(a)

before departing from their place of isolation or quarantine; and

(b)

as soon as practicable after moving to another place of self-isolation or temporary or emergency care under clause 15GS(d).

15GP Requirements for self-isolation

(1)

A person must comply with the requirements set out in this clause throughout their period of self-isolation.

(2)

They must remain at the accommodation notified to the Ministry of Health as their place of self-isolation, except as permitted by this subpart.

(3)

They must have cell-phone coverage, a landline number, or access to the Internet to enable contact with the Ministry of Health if required.

(4)

They must have access to a place that the Ministry of Health recognises as a community testing centre or other testing place for COVID-19 that enables them to report for, and undergo, medical examination and testing for COVID-19 as required by this subpart.

(5)

They must not permit any other person to enter their accommodation unless the entry is for the purposes of—

(a)

preserving or protecting the person’s or another person’s life, health, or safety in an emergency; or

(b)

permitting someone who needs to enter for contactless delivery of goods while wearing a face covering (as those terms are defined in clause 15GC); or

(c)

home-help services (excluding cleaning services) for persons who require assistance because of sickness or disability.

15GQ Travel from MIQF to place of self-isolation

After departing from an MIQF, the person must travel as quickly and directly as is reasonably practicable to their place of self-isolation.

15GR Medical examination and testing

The person must report for, and undergo, medical examination and testing for COVID-19—

(a)

on day 9; and

(b)

at any other time during their period of self-isolation under this Part as directed by a medical officer of health or a health protection officer.

15GS Remaining at place of self-isolation

(1)

A person to whom this subpart applies is permitted to leave their place of self-isolation only—

(a)

to report for, and undergo, medical examination and testing for COVID-19 as required by clause 15GR; or

(b)

to access an essential health service for treatment that cannot be deferred until after the end of their period of self-isolation under this Part; or

(c)

to attend any court, tribunal, New Zealand Parole Board hearing, or other judicial institution, to the extent that they are required to attend by that institution; or

(d)

if necessary to preserve their own or any other person’s life, health, or safety, to move to another place of self-isolation or temporary or emergency care; or

(e)

to visit a dying relative who is not expected to live beyond the person’s period of self-isolation under this Part; or

(f)

to visit the body of a relative before a funeral or tangihanga, if they will not be able to visit the body after the period of self-isolation under this Part has ended.

(2)

However, subclause (1)(e) and (f) does not permit the person to attend a funeral or tangihanga.

Subpart 2—Other matters

15GT Requirement for other residents

Any other resident of a place of self-isolation under this Part must not permit any other person to enter their accommodation unless the entry is for a purpose referred to in clause 15GP(5).

15GU Power for Minister to grant exemptions from this Part

(1)

The Minister may exempt any class of persons to whom this Part applies from the requirement to comply with any provision of this Part or the application of any provision of this Part if the Minister is satisfied that—

(a)

the exemption (together with any conditions) is not inconsistent with the purpose of the Act; and

(b)

the exemption is necessary to facilitate a Government-approved event, or a major Government-approved programme, within the meaning of the relevant immigration instructions (as defined in clause 15A(5)); and

(c)

the extent of the exemption is not broader than is reasonably necessary to facilitate that event or programme.

(2)

The Minister may impose conditions on the exemption as the Minister considers necessary.

(3)

The Minister must take into account the advice of the Director-General when deciding—

(a)

whether to grant an exemption; and

(b)

what (if any) conditions to impose on an exemption.

(4)

An exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

7 Schedule 1 amended

In Schedule 1, after Part 1, insert the Part 2 set out in the Schedule of this order.

Part 2 Amendments to COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020

9 Clause 15 amended (Form and content of notice of arrival)

In clause 15(2)(d)(i), replace “14” with “10”.

10 Clause 17 amended (General requirement to remain in isolation or quarantine)

In clause 17(1), (3), and (4), replace “14” with “10”.

11 Clause 19 amended (Requirements for disembarking)

In clause 19(1)(b) and (2)(b), replace “14” with “10”.

12 Clause 20 amended (Certain arrivals not required to complete period of isolation or quarantine to disembark)

In clause 20(4)(b)(ii), replace “14” with “10”.

Schedule New Part 2 inserted into Schedule 1 of COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

cl 7

Part 2 Provisions relating to COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021

6 This Part applies to existing people in MIQF

This Part applies to every person who immediately before 11.59 pm on 13 November 2021 has an existing duty to be isolated or quarantined in accordance with Part 1 of this order (existing people in MIQF).

7 Reductions in period of isolation and quarantine under Part 1 apply to existing people in MIQF

The amendments to clauses 10 and 15GG of this order made by the COVID-19 Public Health Response (Isolation and Quarantine and Maritime Border) Amendment Order 2021 apply to existing people in MIQF subject to clause 8 of this schedule.

8 Allowing for co-ordinated, orderly, and proportionate departure from MIQF between 14 and 17 November 2021

(1)

The chief executive of MBIE may, for the purpose of preventing, and limiting the risk of, the outbreak or spread of COVID-19, require a person who is in an MIQF immediately before 11.59 pm on 13 November 2021 to remain in an MIQF, after their period of isolation and quarantine would otherwise end under clause 10 of this order, for as long as is reasonably necessary to enable a co-ordinated, orderly, and proportionate departure from that MIQF.

(2)

In that case, the requirements of Part 1 of this order that applied to them immediately before 11.59 pm on 13 November 2021 continue to apply to them until the chief executive of MBIE otherwise directs or until 11.59 pm on 17 November 2021, whichever is the earlier.

(3)

This clause ceases to apply at 11.59 pm on 17 November 2021.

9 Part 1C applies to existing people in MIQF who leave on days 7 to 9

Part 1C of this order applies after departure from an MIQF—

(a)

to existing people in MIQF who leave the MIQF on day 7; and

(b)

to existing people in MIQF who leave the MIQF on day 8 or day 9, in the same way as Part 1C would apply if they had left on day 7.

Dated at Wellington this 12th 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 comes into force at 11.59 pm on 13 November 2021.

Part 1 amends the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020. The amendments reduce the period for which people at a managed isolation or quarantine facility are required to be isolated or quarantined in that facility, subject to a period of self-isolation once they leave the facility. The period of self-isolation ends when they receive a negative result of their COVID-19 test taken on day 9 of their isolation or quarantine under this order. If people test positive, notices made under section 70 of the Health Act 1956 will apply. The amendments also reduce from 14 days to 10 days the period for which participants in the self-isolation programme are required to self-isolate.

Part 2 amends the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020. The amendments reduce the 14-day periods in that order to 10 days, including the period for which a person who arrives in New Zealand on board a ship must remain in isolation or quarantine.

This order must be approved by a resolution of the House of Representatives before the end of the 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: 12 November 2021.

This order is administered by the Ministry of Health.