COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 Amendment Order 2022

2022/8

Coat of Arms of New Zealand

COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 Amendment Order 2022

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 (Protection Framework and Other Matters) Amendment Order 2022 Amendment Order 2022.

2 Commencement

This order comes into force at 11.58 pm on 3 February 2022.

4 Clause 17 amended (Schedule 7 amended)

(1)

In clause 17(4), new paragraph (ia), replace “close-proximity business or service, unless” with “close-proximity business or service, but only so far as is reasonably practicable, and unless”.

(2)

In clause 17(5), new paragraph (ja)(iii), replace “that has been hired for the exclusive use of the gathering by a person (other than the person who manages or controls the defined space or premises)” with “being used exclusively for the gathering”.

Dated at Wellington this 3rd day of February 2022.

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.

This order amends the COVID-19 Public Health Response (Protection Framework and Other Matters) Amendment Order 2022 (the amendment order). It comes into force at 11.58 pm on 3 February 2022.

This order adjusts the amendments that will be made to the COVID-19 Public Health Response (Protection Framework) Order 2021 (the principal order) when the amendment order comes into force at 11.59 pm on 3 February 2022.

Among other things, the amendment order extends the application of the face covering rule to everyone at the premises of close-proximity businesses or services and, with some exceptions, everyone at permitted gatherings, rather than just workers at those businesses, services, and gatherings. One of the exceptions for permitted gatherings (the exclusive use exception) applies when the gathering is held in a defined space or premises of a workplace (other than a vehicle in use as part of a public transport service) that has been hired for the exclusive use of the gathering by a person (other than the person who manages or controls the defined space or premises).

As amended by this order,—

  • for persons at the premises of a close-proximity business or service, the face covering rule will apply only so far as is reasonably practicable; and

  • the exclusive use exception will not require that a person has hired a defined space or premises for the purposes of the gathering. It will be sufficient that the defined space is, or the premises are, used exclusively for the gathering.

Approval by resolution required

This order must be approved by resolution of the House of Representatives before the expiry of the 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.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 3 February 2022.

This order is administered by the Ministry of Health.