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

5 Interpretation

(1)

In this order, unless the context otherwise requires,—

1-metre physical distancing rule means the rule in clause 7

2-metre physical distancing rule means the rule in clause 8

accommodation service

(a)

means accommodation provided by a business or service in which multiple groups of 1 or more residents share facilities (such as a kitchen, bathroom, or laundry) or common areas (such as a lounge or recreation space), for example,—

(i)

a hotel:

(ii)

tertiary student accommodation:

(iii)

a boarding house:

(iv)

a backpacker hostel:

(v)

seasonal worker accommodation; but

(b)

excludes a school hostel; and

(c)

to avoid doubt, excludes a home or place of residence of tenants under the Residential Tenancies Act 1986

accommodation service bubble arrangement means an arrangement—

(a)

between no more than 10 residents of the same accommodation service; and

(b)

in which the residents who are aged 18 years or over and have full capacity have agreed—

(i)

to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence for the length of their stay at the accommodation service; and

(ii)

not to be part of any other arrangement of the kind described in paragraphs (a) and (b)(i)

active COVID-19 response schedule means a COVID-19 response schedule that applies to an area described in Part 1 of that schedule

affected aircraft means an aircraft that arrives from a location outside New Zealand

affected airport means an airport at which an affected aircraft arrives from a location outside New Zealand

affected item means—

(a)

an item (apart from cargo or freight) removed for cleaning, disposal, or reuse from an affected ship or a passenger area of an affected aircraft:

(b)

an item removed for cleaning, disposal, or reuse from a managed isolation or quarantine facility

affected ship means a ship that arrives from a location outside New Zealand, unless—

(a)

the ship is a New Zealand Government ship, a warship, or a foreign State ship (as those terms are defined in clause 4 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020); or

(b)

the ship’s arrival is a permitted shipping movement within the meaning of clause 31 of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020

aircraft has the same meaning as in section 2(1) of the Civil Aviation Act 1990

aircrew member means any of the following persons:

(a)

cabin crew who—

(i)

are ordinarily resident in New Zealand; and

(ii)

work on an international flight:

(b)

other persons who—

(i)

are ordinarily resident in New Zealand; and

(ii)

are identified as crew members on a crew manifest for an affected aircraft that has travelled internationally; and

(iii)

have an international layover during that travel

airline lounge food and drink business or service means a food and drink business or service operated by an airline for the exclusive use of passengers on a public transport service

airside, in relation to an affected airport, means any part of the affected airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers (for example, a Customs-controlled area)

alternative contact record systems and processes means systems and processes that enable a contact record to be made other than by scanning a QR code

applicable COVID-19 provision, in relation to a person, place, or thing, means a COVID-19 provision specified in an active COVID-19 response schedule that has effect in relation to that person, place, or thing

area means the area described in Part 1 of an active COVID-19 response schedule

border worker means—

(a)

a worker at a managed isolation or quarantine facility:

(b)

a worker who transports to or from a managed isolation or quarantine facility persons required to be in isolation or quarantine under a COVID-19 order:

(c)

an airside worker (other than an excluded airport person):

(d)

a landside worker who interacts with international arriving or international transiting passengers:

(e)

a baggage handler who works at affected airports and who handles baggage from affected aircraft:

(f)

a person (other than an excluded airport person) who enters any enclosed space on board affected aircraft:

(g)

a worker (other than an excluded port person) who boards affected ships:

(h)

a pilot (other than an excluded port person) carrying out work on or around affected ships:

(i)

a stevedore (other than an excluded port person) carrying out work on or around affected ships:

(j)

a worker who transports persons (other than crew) to or from affected ships:

(k)

a port worker (other than an excluded port person) who interacts with persons required to be in isolation or quarantine under a COVID-19 order:

(l)

an aircrew member:

(m)

a worker at an accommodation service (other than a private dwellinghouse) where relevant aircrew members are self-isolating:

(n)

a worker who—

(i)

carries out work for a business or service that is contracted to provide regular services for a managed isolation or quarantine facility; and

(ii)

handles affected items within 72 hours of removal of the items from managed isolation or quarantine facilities; and

(iii)

has contact with any worker specified in paragraph (a) or (b) while both are working:

(o)

a worker who—

(i)

carries out work for a business or service that is contracted to provide regular services for an affected aircraft; and

(ii)

handles affected items within 24 hours of removal of the items from affected aircraft; and

(iii)

has contact with any worker specified in paragraph (c), (d), (e), (f), (l), or (m) while both are working:

(p)

a worker who—

(i)

carries out work for a business or service that is contracted to provide regular services for an affected ship; and

(ii)

handles affected items within 72 hours of removal of the items from affected ships; and

(iii)

has contact with any worker specified in paragraph (g), (h), (i), (j), or (k) while both are working

boundary means the boundary of the area described in an active COVID-19 response schedule

business or service includes—

(a)

a voluntary or not-for-profit service; and

(b)

a private sector business or service; and

(c)

a public sector business or service; and

(d)

a business or service that provides space for other businesses or services to operate within (for example, shopping malls and marketplaces); and

(e)

a business or service that provides facilities or venues for events or activities if people pay to attend an event or participate in an activity or pay to hire a facility or venue; and

(f)

the playing of sports professionally or semi-professionally

category 1 business or service means a business or service specified by a tick in the third column of the table in Schedule 2

category 1 permitted movement has the meaning given by clause 87(2)

category 2 business or service means a business or service specified by a tick in the fourth column of the table in Schedule 2

category 2 permitted movement has the meaning given by clause 88(2)

certified playgroup means a playgroup for which a current certificate is held under the Education (Playgroups) Regulations 2008

class 4 venue has the same meaning as in section 4(1) of the Gambling Act 2003

close-proximity business or service

(a)

means a business or service to the extent that it carries on activities that it cannot undertake without—

(i)

physical contact, or close proximity, between people; or

(ii)

a worker being closer than 1 metre to the client; and

(b)

includes—

(i)

a certified playgroup; and

(ii)

an OSCAR programme delivered at premises other than the premises of a registered school; but

(c)

excludes—

(i)

sports; and

(ii)

specified social services; and

(iii)

education entities

Examples

Examples of close-proximity businesses and services are massage services and hairdressing services.

contact details, in relation to a person, means—

(a)

the name of the person; and

(b)

a telephone number that may be used to easily contact the person

contact record means a record of a person entering a workplace or attending a gathering that contains—

(a)

the name of the person; and

(b)

the date on which and time at which the person entered the workplace or attended the gathering; and

(c)

if the record is being provided to another person, a telephone number that may be used to easily contact the person who is entering the workplace or attending the gathering

COVID-19 provision means a provision of Part 2

COVID-19 response schedule means any schedule of this order other than Schedules 1 to 4

COVID-19 test has the meaning given in clause 96(5)

crew has the same meaning as in clause 4(1) of the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020

customers and clients

(a)

includes any non-paying customer or client; but

(b)

in relation to an education entity, excludes students or children attending the education entity

defined space has the meaning given by clause 9

designated education and care premises means the premises of—

(a)

a licensed early childhood service:

(b)

a registered school:

(c)

an OSCAR programme:

(d)

a school hostel

designated premises has the meaning given by clause 10

district has the same meaning as in section 5(1) of the Local Government Act 2002

DOC visitor accommodation means a hut, lodge, cottage, camp, or other facility that—

(a)

is available for public accommodation on a temporary basis; and

(b)

is administered and managed by the Department of Conservation

domestic air transport service means a public transport service that is transporting persons by air transport between places that are both in New Zealand

education entity means—

(a)

a licensed early childhood service:

(b)

a registered school:

(c)

a tertiary education provider:

(d)

a school hostel

election means an election of a member of the House of Representatives

election worker means a worker undertaking work related to an election

enclosed space,—

(a)

in relation to an aircraft, means an enclosed or a partially enclosed space on board the aircraft in which it is not practicable to remain at least 2 metres from the aircrew or international arriving or international transiting passengers:

(b)

in relation to an affected ship, means an enclosed or partially enclosed space on board the ship in which it is not practicable to remain at least 2 metres from the ship’s crew

event

(a)

means an activity organised by a business or service—

(i)

that is held at—

(A)

commercial premises or private premises (whether indoors or outdoors); or

(B)

publicly owned premises hired for the purpose of the activity; or

(C)

an outdoor area where a group of customers and clients is accompanied or supervised by a worker providing services to that group (for example, a guided tour); and

(ii)

for which entry is controlled (whether through ticketing, fees, registration, or any other means); and

(b)

also means normal operations at cinemas, theatres, stadiums, concert venues, conference venues, casinos, and private galleries; but

(c)

excludes any activity at a private dwellinghouse

excluded airport person means a person who—

(a)

works at an affected airport and only interacts with international departing passengers (other than international transiting passengers); or

(b)

works on the airside of an affected airport only in areas that are inaccessible to international arriving or international transiting passengers, and does not interact with international arriving or international transiting passengers on the landside of the affected airport

excluded port person means a person who is in isolation or quarantine on a ship under a COVID-19 order

extended bubble arrangement means an agreement by all of the residents (who are aged 18 years or over and have full capacity) of 2 or more homes or places of residence within the same area to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence for the purpose of keeping connections with family or whānau, enabling caregiving, or supporting persons living alone or otherwise isolated

face covering means a covering of any type that—

(a)

covers the nose and mouth of a person; and

(b)

is secured to the person’s head by ear loops or a head loop

face covering rule means the rule in clause 11(1)

fellow resident has the meaning given by clause 12

food and drink business or service

(a)

means a business or service that sells, offers, or provides food or drink to customers and clients for consumption at the premises of the business or service, such as—

(i)

a restaurant, cafe, bar, or club; and

(ii)

a soup kitchen or other place where food or drink is provided without charge; and

(b)

includes a business or service that sells, offers, or provides food or drink to customers and clients—

(i)

in a shopping mall, for consumption in the shopping mall; or

(ii)

as part of an event, for consumption at that event; but

(c)

excludes—

(i)

a business or service to the extent that it sells, offers, or provides food or drink to its workers:

(ii)

a business or service to the extent that it provides food or drink on the premises of a health service to patients of the health service:

(iii)

a business or service to the extent that it provides food or drink in connection with a specified social service:

(iv)

a school hostel or an accommodation service that is tertiary student accommodation

food court means a space that—

(a)

is a single indoor space (within the meaning of clause 9) in a shopping mall; and

(b)

is used for the consumption of food or drink that is sold, offered, or provided by a food and drink business or service; and

(c)

is not that food and drink business or service’s own distinct defined space

gaming machine has the same meaning as in section 4(1) of the Gambling Act 2003

gathering has the meaning given by clause 13

gym

(a)

means an indoor exercise facility operated by a business or service for which access is—

(i)

limited to its members; or

(ii)

otherwise controlled by the facility (whether through ticketing, fees, registration, or any other means); and

(b)

excludes an exercise facility that is available for use only by the residents of the premises on which the facility is located

health service means—

(a)

a health service within the meaning of section 5(1) of the Health Practitioners Competence Assurance Act 2003; and

(b)

treatment or social rehabilitation provided under the Accident Compensation Act 2001; and

(c)

disability support services within the meaning of section 6(1) of the New Zealand Public Health and Disability Act 2000

high risk infringement offence means the high risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021

high-risk person means a person who—

(a)

has been diagnosed as having COVID-19; or

(b)

has 1 or more COVID-19 symptoms; or

(c)

is being or has been tested for COVID-19 and is awaiting a test result; or

(d)

has been in close contact with someone with suspected, probable, or confirmed COVID-19 in the previous 14 days

home or place of residence

(a)

includes a campervan, caravan, or other vehicle or temporary structure (for example, a tent) that is a place of residence; and

(b)

in the case of a building (other than an accommodation service or a school hostel), includes the land that is part of the property on which the building is situated (other than any common areas); and

(c)

includes any prison, hospital, or other facility or place in which a person is detained or compulsorily placed under any legislation; and

(d)

in the case of a block of flats or other building (other than an accommodation service) that has more than 1 home or place of residence, excludes the other homes or places of residence; and

(e)

in the case of an accommodation service or a school hostel, includes all of the homes or places of residence, shared facilities (such as a kitchen, bathroom, or laundry), common areas (such as a lounge or recreation space), and land that is part of the property on which the building is situated

in-home service means a service provided to a person at the person’s home or place of residence

international layover means a stay in accommodation provided by an accommodation service (for example, a stay in a hotel) at any place outside New Zealand for a period of 6 hours or more

landside, in relation to an affected airport, means any part of the affected airport that is not airside

licensed early childhood service has the same meaning as in section 10(1) of the Education and Training Act 2020

limited outdoor gathering has the meaning given by clause 50

limited purpose gathering has the meaning given by clause 49

low risk infringement offence means the low risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021

managers of a private school has the same meaning as in section 10(1) of the Education and Training Act 2020

medical-grade face covering means a covering that meets or exceeds any of the following standards (see subclause (3)):

(a)

Type IIR of BS EN 14683:2019 Medical face masks. Requirements and test methods:

(b)

Level 2 of ASTM F2100-21 Standard Specification for Performance of Materials Used in Medical Face Masks:

(c)

AS 4381:2015 Single-use face masks for use in health care

medical-grade face covering rule means the rule in clause 11(2)

medium risk infringement offence means the medium risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021

MSD service premises means premises to the extent that they are—

(a)

operated by the Ministry of Social Development to deliver services to the public; or

(b)

premises where services are provided by the Ministry of Social Development to the public

OSCAR programme

(a)

means a programme for children’s out-of-school care and recreation approved under regulation 45 of the Social Security Regulations 2018; and

(b)

includes any other programmes delivered by OSCAR providers for before-school and after-school care, holiday programmes, and camps for—

(i)

children up to the age of 13 who are enrolled and attending school; or

(ii)

children aged up to 18 years who are eligible to receive a child disability allowance

permitted business or service has the meaning given by clause 64

permitted event has the meaning given by clause 51

permitted gathering has the meaning given by clause 42

permitted movement has the meaning given by clause 86

permitted travel has the meaning given by clause 89 or 90 (as applicable)

person in control has the meaning given by clause 14

person responsible, in relation to a gathering, means a person who is 1 or both of the following:

(a)

an organiser of the gathering:

(b)

a person in control of the defined space or premises in which the gathering is held

physical distancing rule means—

(a)

the rule in clause 34; or

(b)

the 1-metre physical distancing rule; or

(c)

the 2-metre physical distancing rule

premises includes any—

(a)

commercial premises or private premises (whether indoors or outdoors); and

(b)

premises owned or managed by central or local government (whether indoors or outdoors); and

(c)

vehicle

public facility

(a)

means premises that are—

(i)

owned or managed by central or local government; and

(ii)

used for recreational, social, community, or cultural activities or services; and

(iii)

open to the public generally (including premises where fees are charged for entry); and

(iv)

indoor or a mix of indoor and outdoor; but

(b)

excludes those premises when used exclusively for an event or a gathering; and

(ba)

excludes DOC visitor accommodation; and

(c)

excludes recreation facilities that require membership to enter (for example, gyms)

Examples

Examples of public facilities are libraries, zoos, and museums.

public transport service

(a)

means a service for the carriage of passengers for hire or reward that is available to the public generally; but

(b)

excludes a school transport service; and

(c)

excludes a service for the carriage of passengers for hire or reward that is hired for the purposes of—

(i)

a business or service; or

(ii)

a permitted gathering or a permitted event; and

(d)

always includes a service of the kind described in paragraph (a) that is provided by means of a small passenger service vehicle

QR code means a unique identifying code issued by the New Zealand Government for the purpose of enabling contact tracing

rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

region has the same meaning as in section 5(1) of the Local Government Act 2002

registered school has the same meaning as in section 10(1) of the Education and Training Act 2020

regulated business or service has the meaning given by clause 25(3)

relevant aircrew member means a person—

(a)

who is in isolation after a flight on which the person arrived in New Zealand; and

(b)

who was—

(i)

on the crew manifest for the flight; or

(ii)

on the flight at the direction of an airline for which the person carries out work as a pilot, co-pilot, or flight attendant

school board has the same meaning as in section 7(1)(d) of the Crown Entities Act 2004

school hostel has the same meaning as hostel in section 10(1) of the Education and Training Act 2020

school transport service means the carriage of passengers for hire or reward that is contracted or funded by the Ministry of Education, local authorities, school boards, managers of a private school, or Auckland Transport for the sole or primary purpose of transporting children or students to and from school

shared bubble arrangement means an agreement by all of the residents (who are aged 18 years or over and have full capacity) of no more than 2 homes or places of residence within the same area to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence

shared caregiver, in relation to a child, means a person who, under an agreement, or a parenting order or an interim parenting order made under the Care of Children Act 2004, has the role of providing the day-to-day care of the child

ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

small passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

specified composite class means a class in which more than half of the students are in years 1 to 3

specified in-home service has the meaning given by item 52 of Schedule 2

specified KiwiRail service means any of the following services of KiwiRail Holdings Limited:

(a)

the TranzAlpine service:

(b)

the Coastal Pacific service:

(c)

the Northern Explorer service

specified social service means a service 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 homeless

student participating in an extra-curricular or a curricular activity means a student who is enrolled in a registered school and is participating in an extra-curricular or curricular activity if—

(a)

the activity is organised, directed, or facilitated by the school; or

(b)

the student’s participation in the activity is organised, directed, authorised, or facilitated by the school

tertiary education premises

(a)

means any premises where any of the following services or activities are undertaken or provided by or on behalf of a tertiary education provider:

(i)

formal or informal teaching, learning, or research activities:

(ii)

student support and advisory services, and administrative or operations activities; but

(b)

excludes the following:

(i)

premises that are not under the control or supervision of a tertiary education provider:

(ii)

premises that are designated premises or tertiary student accommodation:

(iii)

premises at which an event is occurring

tertiary education provider

(a)

has the same meaning as in section 10(1) of the Education and Training Act 2020; but

(b)

excludes a government training establishment and a registered school

transport station has the same meaning as in section 591(6) of the Local Government Act 1974

transport station food and drink business or service means a food and drink business or service operating within a transport station in a space that is not its own distinct defined space

transport station retail business or service means a retail business or service operating within a transport station in a space that is not its own distinct defined space

vaccination grounds means the consideration of whether or not a person—

(a)
[Revoked]

(b)

holds a COVID-19 vaccination exemption or COVID-19 vaccination authorisation; or

(c)

has been vaccinated (within the meaning of the Act) or otherwise vaccinated against COVID-19

vaccine-mandate work means any work that is certain work as defined in clause 4 of the COVID-19 Public Health Response (Vaccinations) Order 2021

vehicle includes a vessel, rail vehicle, ship, aircraft, motorcycle, bicycle, or low-powered vehicle

venue business means a business that provides a venue for gatherings (whether as the main or an ancillary part of the business)

visitor, in relation to an education entity,—

(a)

means a person who is not ordinarily at the education entity for the purposes of receiving or providing, or assisting in or supporting the receipt or provision of, education services; and

(b)

includes a person participating in inter-school activities, or attending activities at (or connected with) the education entity

voting place means—

(a)

a polling place appointed under section 155(1) of the Electoral Act 1993:

(b)

an advance voting place as defined in section 197A(10) of the Electoral Act 1993

vulnerable person means a person who is at significant risk of serious illness if the person contracts COVID-19

worker, in relation to a business or service, means any person who carries out work in any capacity for that business or service (whether paid or unpaid)

workplace

(a)

means premises where work is being carried out, or is customarily carried out, for a business or service; and

(b)

includes premises where a worker goes, or is likely to be, while at work.

(2)

See regulation 5(2) and (3) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021 for the penalties for the classes of infringement offences.

(3)

Copies of the standards incorporated by reference in the definition of medical-grade face covering are—

(a)

available for inspection, free of charge, at the head office of the Ministry of Health and at other places that the Director-General determines are appropriate; and

(b)

available for purchase from—

(i)

Standards New Zealand, in the case of BS EN 14683:2019:

(ii)

ASTM International, in the case of ASTM F2100-21:

(iii)

Standards Australia, in the case of AS 4381:2015.

Compare: LI 2021/263 cls 4, 13(3), 35(1)

Clause 5(1) affected aircraft: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) affected airport: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) affected item: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) affected ship: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) affected worker: revoked, at 11.59 pm on 2 July 2022, by clause 15(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) aircraft: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) aircrew member: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) airside: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) border worker: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) crew: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) close-proximity business or service paragraph (b): replaced, at 11.59 pm on 12 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).

Clause 5(1) close-proximity business or service paragraph (c): replaced, at 11.59 pm on 12 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).

Clause 5(1) close-proximity business or service paragraph (c)(i): amended, at 11.59 pm on 21 May 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).

Clause 5(1) COVID-19 test: inserted, at 11.59 pm on 12 December 2021, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).

Clause 5(1) CVC: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).

Clause 5(1) CVC compliant: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).

Clause 5(1) CVC rules: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).

Clause 5(1) DOC visitor accommodation: inserted, at 11.59 pm on 23 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 5(1) education outside the classroom service: revoked, at 11.59 pm on 12 March 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).

Clause 5(1) election: inserted, at 11.59 pm on 21 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).

Clause 5(1) election worker: inserted, at 11.59 pm on 21 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).

Clause 5(1) enclosed space: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) EOTC provider: revoked, at 11.59 pm on 12 March 2022, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).

Clause 5(1) excluded airport person: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) excluded port person: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) face covering: replaced, at 11.59 pm on 4 April 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Clause 5(1) face covering rule: amended, at 11.59 pm on 4 April 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Clause 5(1) food and drink business or service: replaced, at 11.59 pm on 23 December 2021, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 5(1) food court: inserted, at 11.59 pm on 21 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).

Clause 5(1) gym: replaced, at 11.59 pm on 23 December 2021, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 5(1) high risk infringement offence: inserted, on 4 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).

Clause 5(1) international layover: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) landside: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) licensed early childhood service: replaced, at 11.59 pm on 12 December 2021, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).

Clause 5(1) low risk infringement offence: inserted, on 4 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).

Clause 5(1) Maritime Border Order: revoked, at 11.59 pm on 2 May 2022, by clause 28 of the COVID-19 Public Health Response (Maritime Border and Other Matters) Amendment Order 2022 (SL 2022/125).

Clause 5(1) medical-grade face covering: inserted, at 11.59 pm on 3 February 2022, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 (SL 2022/6).

Clause 5(1) medical-grade face covering rule: inserted, at 11.59 pm on 4 April 2022, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Clause 5(1) medium risk infringement offence: inserted, on 4 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).

Clause 5(1) MSD service premises: inserted, at 11.59 pm on 23 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 5(1) non-CVC rules: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).

Clause 5(1) public facility paragraph (ba): inserted, at 11.59 pm on 23 December 2021, by clause 4(4) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 5(1) relevant aircrew member: inserted, at 11.59 pm on 2 July 2022, by clause 15(1) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) specified composite class: inserted, at 11.59 pm on 23 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 5(1) specified EOTC event: revoked, at 11.59 pm on 12 March 2022, by clause 4(4) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).

Clause 5(1) specified KiwiRail service: inserted, at 11.59 pm on 23 December 2021, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 5(1) student participating in an extra-curricular or a curricular activity: inserted, at 11.59 pm on 12 March 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).

Clause 5(1) travel condition: revoked, at 11.59 pm on 12 December 2021, by clause 4(4) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 2) 2021 (SL 2021/414).

Clause 5(1) vaccination grounds paragraph (a): revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).

Clause 5(1) Vaccinations Order: revoked, at 11.59 pm on 2 July 2022, by clause 15(2) of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2022 (SL 2022/207).

Clause 5(1) vaccine-mandate work: replaced, at 11.59 pm on 4 April 2022, by clause 4(4) of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Clause 5(1) valid CVC: revoked, on 17 June 2022, by clause 4 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order Revocation Order 2022 (SL 2022/179).

Clause 5(1) visitor: inserted, at 11.59 pm on 12 March 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 4) 2022 (SL 2022/62).

Clause 5(1) voting place: inserted, at 11.59 pm on 21 May 2022, by clause 4(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 8) 2022 (SL 2022/143).

Clause 5(2): inserted, on 4 December 2021, by clause 4(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).

Clause 5(3): inserted, at 11.59 pm on 3 February 2022, by clause 4(3) of the COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 (SL 2022/6).