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

Schedule 7 Red (not active)

cl 17

Schedule 7 heading: amended, at 11.59 pm on 13 April 2022, by clause 5(1) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).

Part 1 Application

Schedule 7 Part 1: replaced, at 11.59 pm on 13 April 2022, by clause 5(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).

1 Application

This schedule currently does not apply to an area.

Schedule 7 clause 1: replaced, at 11.59 pm on 13 April 2022, by clause 5(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).

2 Description of area

No area is specified.

Guidance note

See the Government COVID-19 website (https://covid19.govt.nz/) for a detailed boundary map, or see Schedule 4 for indicative maps of the boundaries of each region and each territorial authority district in New Zealand.

Schedule 7 clause 2: replaced, at 11.59 pm on 13 April 2022, by clause 5(2) of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 6) 2022 (SL 2022/107).

Part 2 COVID-19 provisions that have effect

Schedule 7 Part 2: replaced, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

ClauseBrief descriptionModification
Face coverings
cl 23

Person must comply with face covering rule in specified premises or circumstances

For the purposes of clause 23,—

(a)

the second column of subpart 1 of Part 2A of this schedule specifies the premises or circumstances in which a person must comply with the face covering rule; and

(b)

the items in the second column of that subpart are subject to the modifications (if any) in the third column.

cl 23A

Certain workers must comply with medical-grade face covering rule

For the purposes of clause 23A,—

(a)

the second column of subpart 2 of Part 2A of this schedule specifies the types of workers that must comply with the medical-grade face covering rule; and

(b)

the third column of subpart 2 of Part 2A of this schedule specifies the circumstances in which the worker must comply with the medical-grade face covering rule.

cl 24Business or service must have systems and processes to ensure workers wear face coverings or medical-grade face coverings
Access must not be denied on vaccination grounds
cl 31Person must not be denied access to certain premises on vaccination grounds
cl 32Person must not be denied access to goods or services from certain premises on vaccination grounds
cl 33Business or service in control of premises must allow people access to designated premises
cl 33ABusiness or service in control of premises A must allow student access for purpose of participating in extra-curricular or curricular activity in premises B
Physical distancing and capacity limits
cl 40Business or service must comply with capacity limit based on specified physical distancing rule
(1)

Clause 40 applies only to an indoor defined space in—

(a)

a public facility; or

(b)

a retail business or service other than a transport station retail business or service; or

(c)

a tertiary education provider.

(2)

For the purposes of clause 40(1), the specified physical distancing rule is the 1-metre physical distancing rule.

cl 41Business or service must comply with fixed capacity limit based on specified physical distancing rule
(1)

Clause 41 applies only to an indoor defined space in—

(a)

a gym; or

(b)

a food and drink business or service.

(2)

For the purposes of clause 41(1)(a), the fixed number is 200.

(3)

For the purposes of clause 41(1)(b), the specified physical distancing rule is the 1-metre physical distancing rule.

Gatherings
cl 42No gatherings unless permitted
cl 47Gathering permitted if indoor capacity limit not exceeded
(1)

For the purposes of clause 47(2)(a), the fixed number is 200.

(2)

For the purposes of clause 47(2)(a), the specified physical distancing rule is the 1-metre physical distancing rule.

(3)

The requirement in clause 47(4) does not apply.

cl 47AGathering permitted if outdoors
Events
cl 51No event unless permitted
cl 54Fixed capacity indoor event permitted
(1)

For the purposes of clause 54(2)(a), the fixed number is 200.

(2)

For the purposes of clause 54(2)(b), the specified physical distancing rule is the 1-metre physical distancing rule.

(2)

The requirements in clause 54(4) and (5) do not apply.

cl 54AOutdoor event permitted

Food and drink

cl 69Customers and clients at food and drink business or service must comply with seating requirementsClause 69 does not apply outdoors.

Part 2A When person must comply with face covering rule or medical-grade face covering rule

Schedule 7 Part 2A: replaced, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Subpart 1—When person must comply with face covering rule

Schedule 7 Part 2A subpart 1: replaced, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

ItemSpecified premises or circumstances for purposes of clause 23Modification
Transport
1

When the person is on a public transport service, except—

(a)

when on a ship that does not have an enclosed space for passengers; or

(b)

when they are a passenger within their allocated carriage on a specified KiwiRail service

Despite clause 11(3)(a)(i), the person must comply with the face covering rule if they are aged 8 years or over or a student in year 4 or above.

2

When the person is on a school transport service

Despite clause 11(3)(a)(i), the person must comply with the face covering rule if they are aged 8 years or over or a student in year 4 or above.

3

When the person is at arrival or departure points for a public transport service

4

When the person is at the premises of the following businesses and services, while they are on the parts of the premises that are open to the public:

(a)

retail businesses or services:

(b)

public facilities (excluding swimming pools):

(c)

pharmacies:

(d)

veterinary services or animal health and welfare services

5

When the person is in a public area of the following businesses or services:

(a)

a court or tribunal, except where a judicial officer has given a direction that face coverings are not required in the room where the hearing is held:

(b)

a specified social service:

(c)

premises operated by New Zealand Post Limited, including a customer service counter:

(d)

premises operated by a central government agency, a local authority, or the New Zealand Police, except Department of Conservation visitor accommodation

6

When the person is at the premises of a health service other than a pharmacy, but only if the person is not a patient or worker of the health service

7

When the person is at the premises of a food and drink business or service

8

When the person is at the premises of a close-proximity business or service

The person must only comply with the face covering rule so far as is reasonably practicable
9

If the person is a worker delivering goods to premises and is in close proximity to a client or customer

Gatherings and events

10

When the person is at a permitted gathering other than a gathering—

(a)

at a private dwellinghouse; or

(b)

in a defined space or premises of a workplace (other than a vehicle in use as part of a public transport service) being used exclusively for the gathering

11

When the person is a worker at a permitted gathering, but only when working with customers or clients at the gathering

12

When the person is at a permitted event

Education

13

When the person is at a licensed early childhood service, but only if they are a visitor

Clause 23(2) does not apply to item 13.

14

When the person is at a registered school and is—

(a)

a student receiving education services at that school who is—

(i)

in year 4 to 13; but

(ii)

not in a specified composite class; or

(b)

a visitor to that school

(1)

Clause 23(2) does not apply to item 14.

(2)

Clause 11(3)(a)(i) does not apply to item 14(a).

15

When the person is at tertiary education premises and is—

(a)

on the parts of the premises that are open to the public; or

(b)

attending formal teaching or learning activities

Subpart 2—When certain workers must comply with medical-grade face covering rule

Schedule 7 Part 2A subpart 2: replaced, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

ItemSpecified types of workers for purposes of clause 23ASpecified circumstances
Businesses and services
1

A worker at a food and drink business or service

When they are working with members of the public, customers, or clients on the premises of the food and drink business or service, and only on the parts of the premises that are open to the public
2

A worker at a gym

When they are working with members of the public, customers, or clients on the premises of the gym, and only on the parts of the premises that are open to the public
3

A worker at a close-proximity business or service

When they are working with customers or clients on the premises of, or in the course of carrying out the activities of, the business or service, and only so far as is reasonably practicable

Gatherings and events

4

A worker at a permitted event

When they are working with members of the public, customers, or clients at the event, and only on the parts of the premises that are open to the public

Education

5

A staff member working to provide, or support the provision of, education services to students at a registered school

When they are providing, or supporting the provision of, services to a student who is—

(a)

in year 4 to 13; but

(b)

not in a specified composite class

Vaccine-mandate work

6

A person carrying out vaccine-mandate work

When they are—

(a)

working with members of the public, customers, or clients in the course of carrying out the vaccine-mandate work; or

(b)

at the premises where the vaccine-mandate work is carried out, and only on the parts of the premises that are open to the public

Part 3 CVC rules and non-CVC rules

[Revoked]

Schedule 7 Part 3: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Subpart 1—Food and drink businesses or services

[Revoked]

Schedule 7 Part 3 subpart 1: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Subpart 2—Close-proximity businesses and services

[Revoked]

Schedule 7 Part 3 subpart 2: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Subpart 3—Gyms

[Revoked]

Schedule 7 Part 3 subpart 3: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Subpart 4—Tertiary education providers

[Revoked]

Schedule 7 Part 3 subpart 4: revoked, at 11.59 pm on 4 April 2022, by clause 19 of the COVID-19 Public Health Response (Protection Framework and Vaccinations) Amendment Order 2022 (SL 2022/89).

Part 4 Miscellaneous

3 How to read clause references

In this schedule, a clause reference in a table is a reference to a clause in Part 2 of this order.

4 Relationship with other COVID-19 response schedules

(1)

If there is an inconsistency between this schedule and Schedule 5 or 6, this schedule prevails.

(2)

If there is an inconsistency between this schedule and any other COVID-19 response schedule, the other schedule prevails.