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

Part 3 Restriction on relocating principal home or place of residence

101 Person must not change principal home or place of residence following Director-General notice restricting travel for that purpose

(1)

Subclause (2) applies if—

(a)

a person has—

(i)

a principal home or place of residence located in an area (location A); and

(ii)

another home or place of residence available for their use in a different location (location B), which may be in the same area as or a different area to the area referred to in subparagraph (i); and

(b)

the Government of New Zealand has announced an intention to impose restrictions on movements across boundaries by amendment to this order; and

(c)

the Director-General directs, by notice made in accordance with subclause (4), that subclause (2) applies to location A.

(2)

The person must not travel from location A to location B for the purpose of relocating to the home or place of residence in location B.

(3)

However, subclause (2) does not apply if the person is relocating their home or place of residence as a result of—

(a)

starting new employment; or

(b)

purchasing or renting a new principal home or place of residence; or

(c)

attending a tertiary education provider or completing a course of study at a tertiary education provider; or

(d)

returning to a school hostel and intending to stay at that school hostel until the end of the current school year.

(4)

The notice must—

(a)

describe location A; and

(b)

state that it is proposed to impose restrictions on movements across boundaries by amendment to this order.

(5)

The notice is revoked no later than 48 hours after it comes into force (and may not be extended or replaced).

(6)

A notice made under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(7)

In this clause,—

area does not have the meaning given by clause 5

home or place of residence does not include a home or place of residence described in paragraph (c) of the definition of that term in clause 5.

Compare: LI 2021/263 cl 16A

Legislation Act 2019 requirements for secondary legislation referred to in this clause
PublicationThe maker must publish it in accordance with the Legislation (Publication) Regulations 2021, unless it is published by PCOLA19 ss 69, 73, 74(1)(aa)
PresentationThe Minister must present it to the House of Representatives, unless it is excluded by section 114(2) of the Legislation Act 2019LA19 s 114
DisallowanceIt may be disallowed by the House of Representatives, unless it is excluded by section 115 of the Legislation Act 2019LA19 ss 115, 116
This note is not part of the Order.