This order, which comes into force on 4 December 2021, makes amendments concerning infringement offences to the following orders (the principal orders):

• COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (the Air Border Order):

• COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (the Isolation and Quarantine Order):

• COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 (the Maritime Border Order):

• COVID-19 Public Health Response (Required Testing) Order 2020 (the Required Testing Order):

• COVID-19 Public Health Response (Vaccinations) Order 2021 (the Vaccinations Order).

The main purpose of the amendments is to assign each infringement offence in the principal orders to 1 of the 3 infringement offence classes established by the COVID-19 Public Health Response (Infringement Offences) Regulations 2021 (the regulations) for the purposes of section 26(3) of the COVID-19 Public Health Response Act 2020. The 3 classes are high risk, medium risk, and low risk and are defined by reference to how likely the offence is to lead to the transmission and spread of COVID-19.

The class that an infringement offence is assigned to determines which penalties apply to it under the regulations, with high risk offences having the highest potential infringement fees and fines for offenders and low risk offences having the lowest potential penalties.

The infringement fees (fees that can be imposed on an offender by infringement notice) for each class of infringement offence are prescribed by the regulations as follows:

The maximum fines (fines that may be imposed instead of infringement fees if the matter goes to court) for each class of infringement offence are prescribed by the regulations as follows:

This order also—

• amends the Isolation and Quarantine Order to specify the breaches of that order that are infringement offences for the purposes of section 26(3) of the COVID-19 Public Health Response Act 2020; and

• makes minor and consequential drafting adjustments to some of the principal orders.

Part 1 amends the Air Border Order. The amendments assign the existing infringement offences in the Air Border Order to infringement offence classes as follows:

• breaches of the following provisions of the Air Border Order are high risk offences:

  • clause 7E(2)(a), which requires certain people arriving in New Zealand by air to have been fully vaccinated against COVID-19 at least 14 days before travel:

  • clause 8B(1AAA), which provides that people must not arrive in New Zealand by quarantine-free travel flight unless they qualify for an exemption from the usual isolation and quarantine requirements for travellers arriving by air:

• breaches of the following provisions of the Air Border Order are medium risk offences:

  • clause 8(2A), which requires people arriving in New Zealand by air to have a confirmed managed isolation or quarantine allocation and to provide evidence of the allocation on request:

  • clause 8(2B)(a), which requires them to meet requirements as to COVID-19 testing and certification:

  • clause 8B(1) or (2), which requires people arriving on quarantine-free travel flights to wear face coverings:

• breaches of the following provisions of the Air Border Order are low risk offences:

  • clause 7E(2)(b), which requires people arriving in New Zealand by air to provide evidence on request that they meet the requirement as to vaccination 14 days before travel:

  • clause 8(2B)(b), which requires people arriving in New Zealand by air to provide evidence on request that they meet COVID-19 testing and certification requirements:

  • clause 8B(4), which requires people arriving in New Zealand by quarantine-free travel flight to provide evidence on request that they met the criteria for taking the flight and to answer officials’ questions about their quarantine-free travel status.

Part 2 amends the Isolation and Quarantine Order. The amendments specify which breaches of the Isolation and Quarantine Order are infringement offences and assign the infringement offences to classes as follows:

• breaches of the following provisions of the Isolation and Quarantine Order are high risk offences:

  • clause 8, which requires people in isolation or quarantine to wear personal protective equipment as directed and to maintain physical distancing:

  • clause 15D, which specifies self-isolation requirements for some air crew, medical attendants, and Police escorts working at New Zealand’s air border:

  • clause 18, under which anyone who enters a managed isolation or quarantine facility unlawfully may be required to remain for a risk assessment:

• a breach of clause 17 of the Isolation and Quarantine Order, which restricts entry to managed isolation or quarantine facilities, is a medium risk offence.

Part 3 amends the Maritime Border Order. The amendments assign the existing infringement offences in the Maritime Border Order to infringement offence classes as follows:

• breaches of the following provisions of the Maritime Border Order are high risk offences:

  • clause 21(2), which provides that anyone disembarking a ship with a person in isolation or quarantine on board (a quarantine ship) in order to carry out an essential task on or next to the ship must take reasonable steps to minimise the risk of spreading COVID-19 and must not carry out non-essential tasks while disembarked:

  • clause 24(2), which prohibits people from boarding a quarantine ship unless they are carrying out a necessary task:

  • clause 29, under which ship crew who are required to travel between ships, aerodromes, or places of isolation or quarantine must do so as quickly and directly as reasonably practicable and in accordance with directions:

• a breach of clause 24(4) or (4A) of the Maritime Border Order, under which a quarantine ship may be required to remain at a distance from other ships and the port company must make sure that isolation and quarantine signs are clearly displayed at the ship’s exit points, is a medium risk offence.

Part 4 of this order amends the Required Testing Order. The amendments assign the existing infringement offences in the Required Testing Order to infringement offence classes as follows:

• breaches of the following provisions of the Required Testing Order are high risk offences:

  • clause 7, which requires certain people working in connection with airports, ports, aircraft, ships, or managed isolation or quarantine facilities to undergo testing and medical examination for COVID-19:

  • clause 10, which requires persons conducting a business or undertaking (PCBUs) employing or engaging those workers to take steps to support the workers’ testing and medical examination:

  • clause 12C, which prohibits home-based education and care services from operating and certain workers from working onsite at schools, early childhood services, and hostels, unless requirements as to COVID-19 testing are met:

  • clause 12D(2), which allows unvaccinated operators of home-based education and care services to continue operating only until 1 January 2022 and only if everyone over the age of 12 years living in the home meets COVID-19 testing requirements:

  • clause 12D(3), which allows other unvaccinated school, hostel, and early childhood workers to continue working onsite only until 1 January 2022 and only if they meet COVID-19 testing requirements:

  • clause 13, which requires workers who choose to undergo recurring saliva testing for COVID-19 (recurring saliva testing) instead of testing and medical examination under section 7 to provide regular saliva samples:

• a breach of clause 11 of the Required Testing Order, which requires PCBUs to keep a record of their workers’ compliance with medical and testing requirements and requires workers to provide information about their testing status, is a medium risk offence:

• a breach of clause 14, which requires workers who choose to undergo recurring saliva testing to notify the relevant PCBU of that choice and of any choice to discontinue recurring saliva testing, is a low risk offence.

Part 5 amends the Vaccinations Order. The amendments assign the existing infringement offences in the Vaccinations Order to infringement offence classes as follows:

• breaches of the following provisions of the Vaccinations Order are high risk offences:

  • clause 7, which prohibits people from carrying out certain work, such as at managed isolation or quarantine facilities, unless they are vaccinated or have a COVID-19 vaccination exemption:

  • clause 8, which requires relevant PCBUs to take steps to support their workers’ vaccination and provides that the PCBUs must not allow anyone to carry out—

    • certain work unless the PCBU is satisfied they are vaccinated (or they are exempt); or

    • home-based education and care work unless the PCBU is satisfied that everyone over the age of 12 years living in the home is vaccinated:

• a breach of any of subclauses (1) to (4) of clause 10 of the Vaccinations Order, which require PCBUs to seek and share information about certain workers employed or engaged by them and about the workers’ vaccination status, is a medium risk offence:

• breaches of the following provisions of the Vaccinations Order are low risk offences:

  • clause 10(5), which requires certain workers employed or engaged by PCBUs to provide the PCBUs with their name, date of birth, and telephone number:

  • clause 11, which requires certain workers to give the PCBUs access to their Ministry of Health COVID-19 vaccination records and provide information about any COVID-19 vaccinations received overseas (or provide confirmation of their COVID-19 vaccination exemption):

  • clause 11A, which requires PCBUs that employ or engage certain workers to keep records about the workers’ vaccination status and requires the workers to provide the PCBUs with information for the records.

To continue in effect, this order must be approved by resolution of the House of Representatives before the expiry of the relevant period described in section 16(2) of the COVID-19 Public Health Response Act 2020. If this does not happen, the order is revoked on the expiry of that period.