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

87 Category 1 movement within area permitted

(1)

A person is permitted—

(a)

to leave their home or place of residence to undertake category 1 permitted movement within the area (and then return directly to their home or place of residence afterwards); and

(b)

if the person’s home or place of residence is mobile, to move that home or place of residence to the extent that the person would be permitted (if it were not mobile) to leave the home or place of residence under paragraph (a).

(2)

In this clause, category 1 permitted movement means movement to do 1 or more of the following:

Accessing businesses or services

(1)

to access any business or service if—

(a)

the access is for the person’s own needs or on behalf of a fellow resident, a vulnerable person, or a high-risk person; and

(b)

the business or service is the nearest business or service of that kind; and

(c)

the business or service is—

(i)

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

(ii)

a business or service of a kind that is permitted to let customers or clients enter the workplace under clause 62; or

(iii)

in any other case, a permitted business or service:

Working

(2)

to provide a business or service that is exempt under clauses 102 to 104 if they are a worker referred to in clause 103(1) or 104(p):

(3)

to provide a business or service operating in compliance with all applicable COVID-19 provisions:

(4)

to undertake necessary work under clause 64(2) at premises that would otherwise be closed:

Limited recreation purposes

(5)

to undertake exercise or other recreation if—

(a)

it is done in an outdoor place appropriate for that kind of exercise or recreation that is readily accessible (including by using their vehicle) from their home or place of residence; and

(b)

it is done in compliance with—

(i)

the applicable physical distancing rules; and

(ii)

clause 42 (no gatherings unless permitted); and

(c)

it does not involve swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, craft (whether motorised or not), or motorised equipment, hunting in motorised vehicles, tramping, flying manned aircraft, paragliding, or hang gliding; and

(d)

it does not involve any other activities that expose the participant to danger or may require search and rescue services:

Limited customary purposes

(6)

to exercise Māori customary rights to fishing and food gathering if—

(a)

it is done in an outdoor place that is readily accessible (including by using their vehicle) from their home or place of residence; and

(b)

it is done in compliance with—

(i)

the applicable physical distancing rules; and

(ii)

clause 42 (no gatherings unless permitted); and

(c)

it does not involve swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, craft (whether motorised or not), or motorised equipment, hunting in motorised vehicles, tramping, or flying manned aircraft; and

(d)

it does not involve any other activities that expose the participant to danger or may require search and rescue services:

Shared bubble arrangements and shared caregiver arrangements

(7)

to visit or stay at another home or place of residence under a shared bubble arrangement if—

(a)

one person lives alone in one, or both, of those residences; or

(b)

all persons in one of those residences are vulnerable persons:

(8)

if the person is a child leaving the home or place of residence of a shared caregiver, to visit or stay at the home or place of residence of another shared caregiver provided that the residents of the homes or places of residence of the shared caregivers are part of the same shared bubble arrangement:

Care of children and others

(9)

to provide urgent care for a child or to provide care or support to a person in a critical or terminal condition:

(10)

to provide childcare for a worker doing work described in paragraph (2), (3), or (4), or who is exempt from clause 86 pursuant to an exemption granted by the Director-General under clause 105, if—

(a)

the worker has to leave their home or place of residence to work and has no one in their shared bubble arrangement who is able to provide childcare; and

(b)

the person who provides the childcare—

(i)

is the only person outside the worker’s home, place of residence, or shared bubble arrangement who provides the worker with childcare; and

(ii)

does not provide childcare to any other person and acts as if they were in a shared bubble arrangement with the worker:

(11)

to convey children to, or from, the home or place of residence of a person providing childcare if the conveying person is the worker, or the childcare provider, described in paragraph (10):

Accessing health services

(12)

to access a health service, including to receive a vaccination:

Accessing judicial institutions

(13)

to attend a court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution:

Leaving or relocating home on court order, etc

(14)

to leave or change their home or place of residence as required by—

(a)

a court order (except an order relating to parenting or guardianship); or

(b)

anyone exercising a power under any enactment to—

(i)

order the person to be detained; or

(ii)

order the person to change their place of detention; or

(iii)

determine the person’s place of residence:

Example of power

A direction of the New Zealand Parole Board or a probation officer.

(15)

to leave or change a home or a place of residence after a period of requirement, detention, or determination described in paragraph (14):

Leaving or relocating home from hospital, etc

(16)

to leave or change a home or a place of residence that is a hospital, another residential health service, or residential care:

Leaving New Zealand

(17)

if leaving New Zealand for another jurisdiction, to go to—

(a)

an airport or a port from which the person will leave New Zealand; or

(b)

any managed isolation and quarantine facility immediately before leaving New Zealand:

Emergencies

(18)

if necessary, to preserve their own or any other person’s life or safety:

Relocating home or business premises

(19)

to change their home or place of residence if necessary to use a temporary or an emergency home or place of residence (for example, for care while sick or to seek refuge in women’s refuge accommodation):

Going home after isolation or quarantine (or arrival)

(20)

to go to the person’s home or place of residence (or intended home or place of residence) following—

(a)

the completion of their period of isolation or quarantine under the Isolation and Quarantine Order or an order under section 70 of the Health Act 1956; or

(b)

if none of those orders apply to the person, their arrival in New Zealand:

Services for tūpāpaku or deceased person

(21)

to collect or accompany a tūpāpaku or deceased person, but only if—

(a)

the total number of people collecting or accompanying the tūpāpaku or deceased person (including the person operating the vehicle) is no more than 10; and

(b)

the people collecting or accompanying the tūpāpaku or deceased person (other than the person operating the vehicle) are fellow residents of each other:

(22)

to provide, or assist with providing, services to a tūpāpaku or deceased person (including washing, dressing, shrouding, or otherwise preparing for burial or cremation):

(23)

to view a tūpāpaku or deceased person, but only if—

(a)

the total number of people viewing the tūpāpaku or deceased person at any time is no more than 10; and

(b)

the people viewing the tūpāpaku or deceased person at any time (other than the person having charge of the tūpāpaku or deceased person) are fellow residents of each other:

Caring for pets or other animals

(24)

if necessary, to care for pets or other animals that they own or are in charge of:

Undertaking cross-boundary travel in accordance with clause 93

(25)

to travel in accordance with clause 93:

Collecting certain persons

(26)

to collect a person referred to in paragraph (14), (15), (16), or (20) for the purpose of accompanying them to their home or place of residence (or intended principal home or place of residence) in New Zealand:

Assisting fellow resident

(27)

to assist a fellow resident to carry out movement permitted under this clause or clause 88 (as applicable) or to accompany a fellow resident carrying out such movement, but only to the extent permitted for that fellow resident under this clause or clause 88 (as applicable).

(3)

In this clause, applicable physical distancing rule means a physical distancing rule that a person must comply with as required by an active COVID-19 response schedule (through the specification of clause 34, 35, 36, or 37 or any other COVID-19 provision).

Compare: LI 2021/237 cl 21; LI 2021/263 cl 21

Clause 87(2)(20)(a): amended, at 11.59 pm on 2 May 2022, by clause 29 of the COVID-19 Public Health Response (Maritime Border and Other Matters) Amendment Order 2022 (SL 2022/125).