COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 13) 2021

2021/373

Coat of Arms of New Zealand

COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 13) 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 (Air Border) Order (No 2) Amendment Order (No 13) 2021.

2 Commencement

This order comes into force at 11.59 pm on 18 November 2021.

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

After clause 7E(2), insert:

(2A)

Subclause (2)(b) does not apply to an aircrew member who is an affected person under item 5.1 of Schedule 2 of the COVID-19 Public Health Response (Vaccinations) Order 2021.

5 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.

6 Schedule 2 amended

In Schedule 2, replace clause 7(1) with:

(1)

This clause applies in relation to an aircrew member who,—

(a)

during the specified 14-day period, has been on an aircraft undertaking a relevant flight; and

(b)

will not remain, until they depart from New Zealand, on the airside of—

(i)

the airport at which they arrive in New Zealand; and

(ii)

any other airport through which they transit.

Schedule New Part 10 inserted into Schedule 1

cl 5

Part 10 Provision relating to COVID-19 Public Health Response (Air Border) Order (No 2) Amendment Order (No 13) 2021

9 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 13) 2021.

Dated at Wellington this 17th 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 on 18 November 2021, amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (the principal order).

The effect of the amendments is to—

  • relieve aircrew members from the requirement to present evidence of vaccination under the principal order if they are aircrew members who are affected persons under the COVID-19 Public Health Response (Vaccinations) Order 2021. This relief will largely affect aircrew members who are not New Zealand citizens but who are ordinarily resident in New Zealand:

  • limit prerequisite 7 for QFT flights (which relates to aircrew) so that it applies only to aircrew who will enter New Zealand (rather than remain airside).

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: 18 November 2021.

This order is administered by the Ministry of Health.