COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021

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2021/429

Coat of Arms of New Zealand

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021

This order is made by the Minister for COVID-19 Response under sections 11 and 15(1) of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.

Order

1 Title

This order is the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021.

2 Commencement

(1)

Clause 4 comes into force on 7 January 2022.

(2)

The rest of this order comes into force at 11.59 pm on 23 December 2021.

Part 1 Amendments to COVID-19 Public Health Response (Air Border) Order (No 2) 2020

4 Clause 8 amended (General obligations on persons arriving in New Zealand by air)

(1)

In clause 8(2B)(a)(i) and (iii), replace “72 hours” with “48 hours”.

(2)

In clause 8(4B), replace “96 hours” with “72 hours”.

(3)

In clause 8(4B), replace “72 hours” with “48 hours”.

5 Schedule 1 amended

In Schedule 1,—

(a)

insert the Part set out in Schedule 1 of this order as the last Part; and

(b)

make all necessary consequential amendments.

6 Schedule 3 amended

In Schedule 3, revoke the items relating to Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Papua New Guinea, Seychelles, South Africa, and Zimbabwe.

Part 2 Amendments to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

8 Clause 4 amended (Interpretation)

In clause 4(1), revoke the definition of very high risk country.

9 Clause 10 amended (Period of isolation or quarantine)

(1)

In clause 10(1)(a), replace “7th day” with “10th day”.

(2)

Revoke clause 10(1)(aa).

(3)

In clause 10(1)(b), delete “than the applicable period under paragraph (a) or (aa)”.

10 Clause 15GM amended (Application of this subpart)

Replace clause 15GM(1) and (2) with:

This subpart applies to a person on and after they leave an MIQF if they are granted a special authorisation under clause 14 on condition that they report for, and undergo, medical examination and testing for COVID-19 on day 9.

11 Schedule 1 amended

In Schedule 1,—

(a)

insert the Part set out in Schedule 2 of this order as the last Part; and

(b)

make all necessary consequential amendments.

Schedule 1 New Part 12 inserted into Schedule 1 of Covid-19 Public Health Response (Air Border) Order (No 2) 2020

cl 5

Part 12 Provision relating to COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021

11 Flights departing before commencement of Amendment Order

(1)

Clause 8, as in force immediately before it is amended by the Amendment Order, continues to apply to persons arriving in New Zealand on an aircraft that departed before the commencement of clause 4 of the Amendment Order.

(2)

In this clause, Amendment Order means the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021.

Schedule 2 New Part 4 inserted into Schedule 1 of Covid-19 Public Health Response (Isolation and Quarantine) Order 2020

cl 11

Part 4 Provisions relating to COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021

11 Persons undergoing period of isolation or quarantine on commencement of Amendment Order

(1)

This clause applies to every person (person in isolation or quarantine) who immediately before 11.59 pm on 23 December 2021 was undergoing a period of isolation or quarantine under Part 1 of this order.

(2)

The amendments to Parts 1 and 1C of this order made by the Amendment Order apply to persons in isolation or quarantine.

(3)

In this Part, Amendment Order means the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2021.

12 Persons in self-isolation under Part 1C on commencement of Amendment Order

(1)

This clause applies to every person (person in self-isolation) who immediately before 11.59 pm on 23 December 2021 was undergoing a period of self-isolation under Part 1C of this order.

(2)

The requirements of Parts 1 and 1C of this order that applied to persons in self-isolation immediately before 11.59 pm on 23 December 2021 continue to apply.

Dated at Wellington this 21st day of December 2021.

Hon Chris Hipkins,
Minister for COVID-19 Response.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

Clause 4 of this order comes into force on 7 January 2022. The rest of this order comes into force at 11.59 pm on 23 December 2021.

Part 1 amends the COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (the principal order). Clause 8 of the principal order is amended to require persons entering New Zealand to have had a Covid-19 test within 48 hours of departure.

Clause 8A of the principal order provides that a person must not arrive in New Zealand by air if they have been in a very high risk country in the preceding 14-day period. Schedule 3 of the principal order is amended to remove Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Papua New Guinea, Seychelles, South Africa and Zimbabwe from the list of very high risk countries. The effect of the amendment is that there are currently no very high risk countries.

Part 2 amends the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (the principal order).

Clause 10 of the principal order is amended to increase the period of isolation or quarantine from 7 days to 10 days and to remove the requirement under clause 15GM to self-isolate in accordance with subpart 1 of Part 1C. The effect of the amendment is that a person arriving in New Zealand must undergo a period of isolation or quarantine of 10 days rather than a mix of 7 days in isolation or quarantine and 3 days in self-isolation.

Clause 10 is also amended to remove the requirement for a person who has been in what were certain very high risk countries within the 14 days immediately before the start of isolation or quarantine to undergo a period of isolation or quarantine of 14 days. The effect of the amendments is that a person who has been in any overseas country before the start of isolation or quarantine must undergo a period of isolation or quarantine of 10 days.

This order must be approved by a resolution of the House of Representatives before the end of the period described in section 16(2) of the COVID-19 Public Health Response Act 2020. If that does not happen, the order is revoked at the end of that period.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 21 December 2021.

This order is administered by the Ministry of Health.