COVID-19 Public Health Response (Protection Framework) Order 2021

Schedule 2 Category 1 and 2 businesses or services

cls 5, 65, 66

ItemType of business or serviceCategory 1Category 2
Primary industries and related businesses and services
1Primary industries (which means food and beverage processing, packaging, and production for both domestic consumption or export, plus the relevant support services) and veterinary and animal health and welfare services
2Pest management services
3Essential operations of pulp and paper plants
4Forestry and wood product processing for which the travel between areas is reasonably necessary to enable the business or service to be provided and where the provision of the business or service cannot reasonably be delayed without substantial implications for the supply chain
Essential infrastructure, security, utilities, communication, and Government services
5

Building, construction, and maintenance services required for 1 or both of the following:

(a)

to address immediate risks to health and safety:

(b)

nationally important infrastructure

In this item, nationally important infrastructure means infrastructure that enables or supports supply chains that are needed for 1 or both of the following:

(a)

to provide for the current needs of people and communities:

(b)

to enable or support the recovery of the whole or any part of New Zealand from the effects of COVID-19

6Entities with statutory responsibilities for building and resource consenting that is necessary to enable the building, construction, and maintenance services referred to in item 5
7Security services (including locksmiths)
8

Key utilities, which means utilities that provide for the production, supply, sale, distribution, or disposal of 1 or more of the following:

(a)

electricity:

(b)

gas:

(c)

water:

(d)

wastewater (for example, sanitation):

(e)

waste (for example, rubbish collection and recycling):

(f)

liquid or solid fuel:

(g)

telecommunications services (as defined in section 5 of the Telecommunications Act 2001)

9

Key communications, which—

(a)

means news (including news production) and broadcast media; and

(b)

includes delivery of newspapers for non-English-language material audiences or communities that have limited access to digital connectivity and are hard to reach due to physical location

10

Government services, including services provided by State services and local authorities, but only if—

(a)

the service is a regulatory, defence, or social service, or relates to the COVID-19 response or infrastructure; and

(b)

provision of the service cannot reasonably be delayed (for example, because a delay would breach an obligation under an enactment, risk harm to people or communities, or risk damage to the environment)

In this item, State services has the same meaning as in section 5 of the Public Service Act 2020 and local authority has the same meaning as in section 5(1) of the Local Government Act 2002

11Foreign Government (maintaining critical operations of foreign missions based in New Zealand)
12

Critical financial services carried out by banks, non-bank lenders, licenced insurers, money remitters and money transfer operators, financial product market operators, broking services, payment and settlement system providers, custodians, registry services, EFTPOS infrastructure and management services, payments architecture services, and credit bureaus

In this item, critical financial services means the performance of 1 or more of the following:

(a)

processing and maintaining systems for processing critical financial transactions and services (including payment, clearing, and settlement; wholesale funding; insurance services; card re-issue; fraud monitoring; and capital markets activities):

(b)

facilitating critical financial and capital market transactions, enabling secondary trading of financial products, and enabling access to capital for businesses and investment or return (or both) of capital for investors:

(c)

facilitating the manufacture of and distribution of critical infrastructure to other category 1 businesses or services:

(d)

providing consumers and businesses access to credit and lending services:

(e)

providing essential in-person insurance and financial support for customers who are either or both of the following:

(i)

customers who need assistance from carers:

(ii)

customers who are unable to use remote insurance or financial services

Transport and logistics
13

The following services:

(a)

postal and courier services:

(b)

freight services (including those for transporting livestock) provided by means of road, rail, air, or sea:

(c)

any other transport and logistics services, including those provided at or through an aerodrome or a port

14Transport stations
15Passenger services provided by means of road, rail, air, or sea (excluding public transport services provided by means of air transport or small passenger service vehicles)
16Public transport services provided by means of air transport or small passenger service vehicles
17Public 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))
18Public transport services provided by ferries or 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)
19Rental car services or car share services
Health
20Health services (other than pharmacies)
21Pharmacies
22

Drug and alcohol testing services required for work purposes by—

(a)

a permitted business or service; or

(b)

a business or service that is exempt under clauses 102 to 104

23Drug and alcohol testing services necessary for work purposes
24Services provided for deceased persons or tūpāpaku (including washing, dressing, shrouding, or otherwise preparing for burial or cremation)
Social welfare services
25Social and community-based services provided to support persons to maintain critical well-being or as crisis support for people who are unsafe or homeless
26

Services provided under Oranga Tamariki Act 1989

27Food banks
28Cooked food delivery services (but only if referred by the Ministry of Social Development, a District Health Board, or the Accident Compensation Corporation) (for example, Meals on Wheels)
Justice sector
29Courts and tribunals
30Justice sector (other than the justice sector businesses or services specified elsewhere in this schedule)
Science and research
31

Scientific services (including research organisations) of the following kind or provided by the following entities or facilities:

(a)

ESR, GNS, GeoNet, NIWA, MetService:

(b)

services involved in COVID-19 response, including laboratories and Physical Containment level 3 (PC3) facilities:

(c)

services involved in hazard monitoring and resilience:

(d)

services involved in diagnostics for critical businesses or services like biosecurity, food safety, or public health:

(e)

other significant research facilities, including animal facilities, clinical trials, and infrastructure that requires constant attention (for example, samples, collections, and storage facilities), that are important to New Zealand

Education
32

Businesses or services required to provide distance or online learning for primary, secondary, or tertiary education

33Education entities
34[Revoked]
35School hostels
Accommodation
36Accommodation services
Retail
37Supermarkets
38Dairies
39Retail greengrocers, butchers, or fishmongers
40Food delivery services for uncooked food suppliers (including greengrocers, butchers, or fishmongers), bakeries, or alcohol suppliers
41Licensing trusts operating in Waitakere and Portage, but only in respect of the sale of alcohol under an off-licence
42Petrol stations, including any stores operating as part of the petrol station
43

The retail business of New Zealand Post Limited

44

Sale of essential non-food consumer products (via online ordering and contactless delivery) that are necessary for people to remain healthy and safe while isolating, to work or study from home, and to stay in communication with whānau and friends and remain up to date with news and health information, including—

(a)

necessary clothing, footwear, and bedding:

(b)

urgently required whiteware and appliances (for example, refrigerators, heaters, washing machines and dryers, vacuum cleaners, fans, and dehumidifiers):

(c)

urgently required cooking, cleaning, and laundry equipment:

(d)

medicinal and hygiene products (for example, medication, PPE, first aid products, soaps, shampoos, moisturisers, and hand sanitisers):

(e)

urgently required items for transport maintenance (for example, bicycle and automotive parts and repair kits):

(f)

materials for urgent home repair:

(g)

urgently required communication devices (for example, mobile phones, computer equipment, modems and Internet equipment, televisions, and radios):

(h)

urgently required educational materials and books:

(i)

urgently required home office equipment

45Self-service laundries
46Hardware and do-it-yourself stores, but only for the purpose of selling to trade customers
47Hardware and do-it-yourself stores
48Banks
49

Shopping malls

Gyms, sport, and other exercise
50

The following outdoor sports facilities:

(a)

golf courses:

(b)

tennis courts:

(c)

bowling greens:

(d)

croquet lawns

Events and venues
51

If clause 49 is specified in Part 2 of an active COVID-19 response schedule, venues for limited purpose gatherings permitted under that clause

Miscellaneous
52

The following specified in-home services:

(a)

a building, construction, or maintenance service:

(b)

a housing service provided by landlords and property managers:

(c)

a real estate or property relocation service:

(d)

a home-help service (including a cleaning service) for persons who require assistance because of sickness or disability:

(e)

a utility service relating to gas, electricity, water, waste, waste water, or liquid or solid fuel:

(f)

a telecommunications service (as defined in section 5 of the Telecommunications Act 2001):

(g)

an information technology maintenance or repair service:

(h)

a security service (including a locksmith):

(i)

a veterinary service or animal health and welfare service:

(j)

a pest management service:

(k)

the delivery, installation, or maintenance of consumer goods:

(l)

a Government service (within the meaning of item 10 of this schedule):

(m)

a building or resource consenting service (for example, building inspections and geotechnical inspections):

(n)

a gardening or landscaping service:

(o)

a service for deceased persons or tūpāpaku:

(p)

a legal service to execute documents, but only if—

(i)

the execution of the document is urgently required; and

(ii)

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:

(q)

a mobile mechanic or mobile windscreen repair service.

53Veterinary services and animal health and welfare services
54Unions, if reasonably necessary to provide a service that cannot reasonably be delayed (for example, because a delay would risk the health and safety of workers)
Other
55

The essential operations of the following businesses or services:

(a)

the Transport Accident Investigation Commission

56

Businesses or services necessary, during the period that the business or service is operating in the area, to maintain any of the following:

(a)

another permitted business or service:

(b)

a business or service that is exempt under clauses 102 to 104

Schedule 2 item 32: amended, at 11.59 pm on 23 December 2021, by clause 27(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Schedule 2 item 33: amended, at 11.59 pm on 23 December 2021, by clause 27(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Schedule 2 item 34: revoked, at 11.59 pm on 23 December 2021, by clause 27(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Compare: LI 2021/237 Schedule 2; LI 2021/263 Schedule 2