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

Access must not be denied on vaccination grounds

31 Person must not be denied access to certain premises on vaccination grounds
Designated premises

(1)

A business or service in control of designated premises must not deny a person, other than a worker, entry to the premises on vaccination grounds.

(2)

However, if the designated premises are MSD service premises, the obligation in subclause (1) applies only in relation to the following people:

(a)

a person seeking to access services provided by the Ministry of Social Development:

(b)

a family member of a person described in paragraph (a) who is accompanying that person:

(c)

a person who is supporting or assisting a person described in paragraph (a).

(3)

Subclause (1) is subject to clause 98A (which relates to public transport services on certain routes) if clause 98A is an applicable COVID-19 provision.

Designated education and care premises

(4)

A person in control of designated education and care premises—

(a)

must not deny entry on vaccination grounds to the following people if they are seeking to access education services at the premises:

(i)

a child or student (including a person seeking to enrol at those premises); and

(ii)

a parent or caregiver of that child or student unless they are a volunteer or worker at the premises; and

(b)

must not deny entry on vaccination grounds to a boarder at a school hostel; but

(c)

may require people to be CVC compliant at a visitor-inclusive event that is hosted at the designated education and care premises.

Tertiary education premises

(5)

A tertiary education provider must not deny a secondary student entry to tertiary education premises on vaccination grounds if the student is participating in—

(a)

a secondary-tertiary programme held at the tertiary education premises; or

(b)

a school learning programme of which part is held at the tertiary education premises.

(6)

However, a tertiary education provider may deny a secondary student entry to tertiary education premises on vaccination grounds if the student is seeking to carry out vaccine-mandate work or vaccine-policy work at the premises as part of a secondary-tertiary programme or a school learning programme.

Premises at which students are participating in extra-curricular or curricular activity

(7)

A person in control of premises must not deny entry on vaccination grounds to a secondary student participating in an extra-curricular or a curricular activity at the premises.

(8)

However, a person in control of premises may deny a secondary student entry to the premises on vaccination grounds if the student is seeking to carry out vaccine-mandate work or vaccine-policy work at the premises (even if the work is part of a secondary-tertiary programme or a school learning programme).

Miscellaneous

(9)

This clause is subject to the Trespass Act 1980.

(10)

In this clause,—

vaccine-policy work, in relation to premises, means work for which the person in control of the premises has determined that workers must provide evidence of being vaccinated against COVID-19

visitor means a person who is not ordinarily at the designated education and care premises for the purpose of receiving or providing, or assisting in or supporting the receipt or provision of, education services

visitor-inclusive event means an activity that includes visitors.

Clause 31: replaced, at 11.59 pm on 16 April 2022, by clause 7 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 7) 2022 (SL 2022/113).