COVID-19 Public Health Response (Requirements for Close Contacts) Order 2022

  • revoked
  • COVID-19 Public Health Response (Requirements for Close Contacts) Order 2022: revoked, at 11.59 pm on 24 February 2022, by clause 31 of the COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Order 2022 (SL 2022/46).

Version as at 24 February 2022

Coat of Arms of New Zealand

COVID-19 Public Health Response (Requirements for Close Contacts) Order 2022

(SL 2022/19)

COVID-19 Public Health Response (Requirements for Close Contacts) Order 2022: revoked, at 11.59 pm on 24 February 2022, by clause 31 of the COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Order 2022 (SL 2022/46).

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry of Health.

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.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Application of order
6Managed isolation or quarantine may replace self-isolation
Part 1
Self-isolation requirements for close contacts
Subpart 1—Self-isolation requirements for close contacts
7Application of this subpart
8Period of self-isolation
9Remaining at place of self-isolation and other restrictions
10Medical examination and testing
11Monitoring of compliance
12Leaving place of self-isolation
Subpart 2—Requirement for other residents
13Requirement for other residents
Part 2
Permitted work and permitted work travel during period of self-isolation
14Interpretation
15When close contact permitted to leave place of self-isolation to undertake work
Subpart 1—Work in bubble-of-one
16Duties of close contact leaving place of isolation to undertake work in bubble-of-one
17Duties of business or service in relation to close contact undertaking work in bubble-of-one
Subpart 2—Work for critical service
18Meaning of critical service
Duties of critical worker and critical service
19Duties of critical worker leaving place of isolation to undertake work or collect rapid antigen tests
20Duties of business or service in relation to critical workers
Critical services register and identification of critical workers
21Business or service must not issue authorisation letter to worker unless registered in critical services register
22Authorisation of critical workers by registered business or service
Subpart 3—Miscellaneous
23How Part 2 applies to business or service
Part 3
Miscellaneous
Director-General notices
24Director-General may specify matters by notice
Consequential amendment to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020
25Principal order
26Clause 10 amended (Period of isolation or quarantine)
Schedule
Critical workers for specified events
Gazette Information
Notes

Order

1 Title

This order is the COVID-19 Public Health Response (Requirements for Close Contacts) Order 2022.

2 Commencement

This order comes into force at 11.59 pm on 18 February 2022.

3 Purpose

The purpose of this order is to—

(a)

limit the spread of COVID-19 by requiring self-isolation and testing of close contacts; and

(b)

mitigate the impact of the effects of the COVID-19 outbreak by allowing close contacts to continue working outside their places of self-isolation in specified circumstances.

4 Interpretation

(1)

In this order, unless the context otherwise requires,—

close contact has the meaning given by clause 7

critical worker means a close contact—

(a)

identified in an authorisation letter from a registered business or service as a critical worker; or

(b)

carrying out work for a health service or an emergency service referred to in clause 22(4); or

(c)

identified in the Schedule as a participant of an event listed in the Schedule

defined space—

(a)

means any single indoor space or single outdoor space; and

(b)

if there is more than 1 space in any premises, means a space described in paragraph (a) for which there are systems and processes in operation that ensure, so far as is reasonably practicable, that people using the space do not intermingle at a distance closer than 2 metres with other persons using, entering, or leaving the premises

Director-General notice means a notice made under clause 24

face covering means—

(a)

a face covering of a type specified in a Director-General notice for the purposes of a clause of this order; or

(b)

if no type is specified, a covering of any type that—

(i)

covers the nose and mouth of a person; and

(ii)

is secured to the person’s head by ear loops or a head loop

fellow resident, in relation to a close contact, means a person who lives at the same place of self-isolation as the close contact

health protection officer has the meaning given by section 2(1) of the Health Act 1956

health service—

(a)

means a service provided for the purpose of assessing, improving, protecting, or managing the physical or mental health of individuals or groups of individuals; and

(b)

includes a managed isolation and quarantine service

high risk infringement offence means the high risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021

low risk infringement offence means the low risk class of infringement offence prescribed by regulation 5(1) of the COVID-19 Public Health Response (Infringement Offences) Regulations 2021

medical officer of health has the meaning given by section 2(1) of the Health Act 1956

period of self-isolation, for a close contact, has the meaning given by clause 8

permitted work means—

(a)

work in a bubble-of-one; or

(b)

work by a critical worker for a registered business or service; or

(c)

work by a critical worker for a health service or an emergency service referred to in clause 22(4); or

(d)

work by a critical worker that is undertaken in connection with an event listed in the Schedule (where the critical worker is identified in the Schedule as a participant of the event)

permitted work travel means travel to and from a close contact’s place of self-isolation to undertake permitted work or to collect rapid antigen tests from a distribution centre

place of self-isolation, for a close contact, means the residence or other accommodation at which the close contact is self-isolating

rapid antigen test means a rapid antigen test authorised for use in New Zealand to test for COVID-19

work in a bubble-of-one, in relation to a close contact, means work undertaken by the close contact in a defined space in which there are no persons other than the close contact present

(2)

For the purposes of the definition of defined space,—

(a)

an indoor space is a single indoor space if there are walls (whether permanent or temporary) that substantially divide that space from other spaces:

(b)

an outdoor space is a single outdoor space if—

(i)

there are walls (whether permanent or temporary) that substantially divide that space from other spaces; or

(ii)

all people in that space are separated by at least 2 metres from other people who are outside that space.

(3)

For the purposes of paragraph (d) of the definition of permitted work, the work referred to in that paragraph includes a participant referred to in the Schedule undertaking, facilitating, or otherwise being involved in any exercise, training, or practice in connection with the event listed in the Schedule.

Clause 4(1) critical worker paragraph (b): replaced, at 11.58 pm on 18 February 2022, by clause 4(1) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 4(1) critical worker paragraph (c): inserted, at 11.58 pm on 18 February 2022, by clause 4(1) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 4(1) permitted work paragraph (c): inserted, at 11.58 pm on 18 February 2022, by clause 4(2) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 4(1) permitted work paragraph (d): inserted, at 11.58 pm on 18 February 2022, by clause 4(2) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 4(1) place of self-isolation: amended, at 11.58 pm on 18 February 2022, by clause 4(3) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 4(3): inserted, at 11.58 pm on 18 February 2022, by clause 4(4) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

5 Application of order

This order applies to the whole of New Zealand.

6 Managed isolation or quarantine may replace self-isolation

(1)

A close contact must be isolated or quarantined in accordance with Part 1 of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (the Isolation and Quarantine Order) instead of subpart 1 of Part 1 of this order in the situation described by subclause (2).

(2)

The situation is that—

(a)

a medical officer of health or a health protection officer has assessed the close contact and determined that—

(i)

the close contact is at high risk of having COVID-19; or

(ii)

if they were to have COVID-19, the close contact is at high risk of transmitting it; and

(b)

a medical officer of health or a health protection officer has assessed the risk is not adequately managed by self-isolation under subpart 1 of Part 1 of this order; and

(c)

the chief executive has confirmed that there is capacity for the person to be isolated or quarantined under the Isolation and Quarantine Order.

(3)

The person’s period of isolation or quarantine under Part 1 of the Isolation and Quarantine Order is—

(a)

the period—

(i)

commencing at the time at which the person is transferred to their place of isolation or quarantine under the Isolation and Quarantine Order; and

(ii)

ending at the same time as, but on the 7th day after, the time and date on which the person became a close contact if a medical officer of health or a health protection officer is satisfied that the person meets the low-risk indicators, as determined as close as is reasonably practicable to the end of that period; or

(b)

any longer period needed to satisfy a medical officer medical officer of health or a health protection officer that the person meets the low-risk indicators, but no longer than the period ending at the same time of day as, but on the 14th day after, the person became a close contact.

(4)

Despite subclauses (1) to (3), subpart 1 of Part 1 of this order again applies to the person instead of Part 1 of the Isolation and Quarantine Order if a medical officer of health or a health protection officer is satisfied that the situation described in subclause (2) no longer applies.

(5)

If subpart 1 of Part 1 of this order again applies to the person, their period of self-isolation under that subpart ends when it otherwise would have if Part 1 of the Isolation and Quarantine Order had not applied.

(6)

In this clause, low risk indicators, for a close contact, means that—

(a)

the close contact—

(i)

has undergone the medical examination and testing required to assess whether they have COVID-19, with a negative result; or

(ii)

has been determined by a medical officer of health or health protection officer to have particular physical or other needs that make it inappropriate for them to undergo that medical examination and testing; and

(b)

other medical tests or information relating to the person (if any) indicate that the person is at low risk of having or transmitting COVID-19.

Part 1 Self-isolation requirements for close contacts

Subpart 1—Self-isolation requirements for close contacts

7 Application of this subpart

(1)

This subpart applies to a person (a close contact) if the person—

(a)

has been in a defined space at the same time as or immediately after a confirmed or probable case of COVID-19 during a case’s infectious period; and

(b)

is at significant risk of having been exposed to COVID-19 as a result.

(2)

However, this Part—

(a)

does not apply to a person who—

(i)

is a confirmed or probable case of COVID-19; or

(ii)

lives at the same place of residence or other accommodation as a confirmed or probable case of COVID-19; and

(b)

ceases to apply to a close contact if—

(i)

the close contact becomes a confirmed or probable case of COVID-19; or

(ii)

a person who lives at the same place of residence or other accommodation as the close contact becomes a confirmed or probable case of COVID-19.

(3)

The Director-General may, by Director-General notice,—

(a)

specify criteria for determining whether a person is at significant risk of having been exposed to COVID-19; or

(b)

determine that a named person is a close contact if satisfied that subclause (1)(a) and (b) applies to the person.

(4)

For the purposes of this order, a person must be treated as a close contact if the Director-General makes a determination under subclause (3)(b) that the person is a close contact.

(5)

In this clause, infectious period, in relation to a confirmed or probable case of COVID-19, has the meaning specified in a Director-General notice.

8 Period of self-isolation

(1)

A person’s period of self-isolation is the period—

(a)

commencing as soon as practicable after the person becomes aware they are a close contact; and

(b)

ending—

(i)

at the end of the 7-day self-isolation period, if the person receives a negative result from the final COVID-19 test they are required to undergo under this subpart by that time; or

(ii)

if subparagraph (i) does not apply, at the earlier of the following:

(A)

the same time of day as, but on the 14th day after, after the person’s last potential exposure to COVID-19:

(B)

any earlier time after the 7-day self-isolation period, if the person receives a negative test from the final COVID-19 test they are required to undergo after this subpart.

(2)

In this clause,—

7-day self-isolation period means the period ending at the same time of day as, but on the 7th day after, the person’s last potential exposure to COVID-19

last potential exposure to COVID-19, in relation to a person, means the last time the person was in a defined space at the same time as or immediately after a confirmed or probable case of COVID-19 in circumstances described in clause 7(1).

9 Remaining at place of self-isolation and other restrictions

(1)

The person must be isolated as required by this clause throughout their period of self-isolation.

(2)

They must remain at their place of self-isolation, except as permitted by this order.

(3)

They must have mobile phone coverage, a landline, or access to the Internet to enable contact with the Ministry of Health or another government agency if required.

(4)

They must have access to a place that the Ministry of Health or another government agency recognises as a community testing centre or other testing place for COVID-19 that enables them to report for, and undergo, medical examination and testing for COVID-19 as required by this subpart.

(5)

They must not permit anyone to enter their place of self-isolation except—

(a)

another person who lives there; or

(b)

someone who needs to enter—

(i)

for contactless delivery of goods while wearing a face covering; or

(ii)

to preserve or protect any person’s life, health or safety in an emergency; or

(iii)

to provide any home-help services (excluding cleaning services) for persons who require assistance because of sickness or disability.

(6)

In this clause, contactless delivery means delivery while remaining at least 2 metres away from all other persons.

10 Medical examination and testing

During their period of self-isolation, a close contact must do the following:

(a)

report for, and undergo, medical examination and testing for COVID-19 at the times and using the methods specified in a Director-General notice; and

(b)

report the results of the testing in the manner specified in a Director-General notice.

11 Monitoring of compliance

The person must comply with any requirements for monitoring that ensure that they comply with the requirements for medical examination and testing under clause 10, as directed by a Director-General notice.

12 Leaving place of self-isolation

(1)

A close contact is permitted to leave their place of self-isolation—

(a)

to report for, and undergo, medical examination and testing required by this Part; or

(b)

to do any outdoor exercise in the neighbourhood of their place of self-isolation (but not at any shared exercise facility, such as a swimming pool); or

(c)

to access an essential health service for treatment that cannot be deferred until after their period of self-isolation; or

(d)

to attend any hearing of a court, a tribunal, the New Zealand Parole Board, or another judicial institution that they are required to attend by that institution; or

(e)

if they need to leave to move to another place of self-isolation in order to preserve their own or another person’s life, health, or safety; or

(f)

to visit a dying relative who is not expected to live beyond the person’s period of self-isolation; or

(g)

to visit the body of a relative before a funeral or tangihanga, if they will not be able to visit the body after their period of self-isolation; or

(h)

to undertake permitted work in accordance with Part 2; or

(i)

if the close contact is a critical worker, to collect rapid antigen tests from a distribution centre.

(2)

However, subclause (1)(g) and (h) does not permit the person to attend a funeral or tangihanga.

(3)

A close contact travelling from their place of self-isolation to any other place to undertake an activity permitted under subclause (1) must—

(a)

travel—

(i)

by a private means of transport, either alone or with a fellow resident only; or

(ii)

if it is not practicable for the close contact to comply with paragraph (i), in a manner specified in a Director-General notice; and

(b)

return directly to their place of self-isolation afterwards.

(4)

The person must wear a face covering at all times when not at their place of self-isolation, except when—

(a)

exercising; or

(b)

permitted under Part 2.

Subpart 2—Requirement for other residents

13 Requirement for other residents

Any other person who lives at a close contacts’s place of self-isolation must not permit anyone to enter the place of self-isolation except as permitted by clause 9(5).

Part 2 Permitted work and permitted work travel during period of self-isolation

14 Interpretation

In this Part, unless the context otherwise requires,—

COVID-19 symptoms means 1 of more of the following:

(a)

a new or worsening cough:

(b)

sneezing and a runny nose:

(c)

a fever:

(d)

temporary loss of smell:

(e)

altered sense of taste:

(f)

a sore throat:

(g)

shortness of breath

critical service has the meaning given in clause 18

critical services register has the meaning given in clause 21(6)

distribution centre means a centre specified in a Director-General notice as a distribution centre for rapid antigen tests

registered business or service means a business or service that is registered as a critical service in the critical services register

15 When close contact permitted to leave place of self-isolation to undertake work

(1)

A close contact must not leave their place of self-isolation to undertake work unless—

(a)

the close contact—

(i)

is vaccinated and asymptomatic; and

(ii)

has returned a negative rapid antigen test result for COVID-19 before leaving their place of self-isolation; and

(iii)

travels to and from their place of self-isolation and any workplace—

(A)

by a private means of transport, either alone or with a fellow resident only; or

(B)

if it is not practicable for the close contact to comply with subsubparagraph (A), in a manner specified in a Director-General notice; and

(b)

the work is permitted work.

(2)

A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.

(3)

In this clause,—

asymptomatic, in relation to a close contact, means that the close contact does not have any COVID-19 symptoms

vaccinated, in relation to a close contact, means the close contact has received all of the doses of a COVID-19 vaccine or combination of COVID-19 vaccines specified in an item of the table in Schedule 3 of the COVID-19 Public Health Response (Vaccinations) Order 2021.

Subpart 1—Work in bubble-of-one

16 Duties of close contact leaving place of isolation to undertake work in bubble-of-one

(1)

A close contact must, while undertaking work in a bubble-of-one,—

(a)

comply with any face covering requirements specified in a Director-General notice; and

(b)

return to the close contact’s place of isolation as soon as practicable after developing any COVID-19 symptoms.

(2)

A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.

17 Duties of business or service in relation to close contact undertaking work in bubble-of-one

(1)

A business or service must have systems and processes in place to ensure, as far as practicable, that—

(a)

no other person enters a defined space while a close contact is undertaking work in a bubble-of-one in the defined space; and

(b)

the close contact remains at least 2 metres away from any other person when using, entering, or leaving the workplace; and

(c)

the close contact undertaking work in a bubble-of-one has access to face coverings, and complies with clause 16(1)(a).

(2)

A breach of subclause (1) is a low risk infringement offence for the purposes of section 26(3) of the Act.

Subpart 2—Work for critical service

18 Meaning of critical service

(1)

A business or service is a critical service if—

(a)

the business or service is of a type of business or service described in subclause (2) and the temporary closure of the business or service will cause significant economic, social, or physical harm to the community; or

(b)

the business or service is a service (whether public or private) required to meet a statutory obligation, including but not limited to meeting statutory requirements under the Animal Welfare Act 1999, and an alternative service is not available.

(2)

The types of services are—

(a)

services to meet basic human needs, including services that involve any of the following:

(i)

food production and manufacturing:

(ii)

distribution and sale of basic food (such as supermarkets, dairies, and food banks):

(iii)

providing people with principal accommodation, including a primary residence (such as an apartment in a hotel), social or emergency housing, or a place of self-isolation:

(iv)

health services:

(b)

key public services, including services that involve any of the following:

(i)

central and local government services and decision-making:

(ii)

COVID-19 response services:

(iii)

managed isolation and quarantine services:

(iv)

judicial services or other services in the justice sector:

(v)

key regulatory functions:

(vi)

emergency services:

(vii)

other critical public services:

(c)

critical support systems and services, including services that involve any of the following:

(i)

lifeline utilities:

(ii)

transport and logistics:

(iii)

critical financial services:

(iv)

news media:

(v)

social welfare services:

(d)

services required for the maintenance or operation of services of a type described in paragraphs (a) to (c), for example, services that are required as part of a supply chain, as a necessary ancillary service, or for supervising dependants of workers in critical sectors in a childcare or education context.

Duties of critical worker and critical service

19 Duties of critical worker leaving place of isolation to undertake work or collect rapid antigen tests

(1)

A critical worker must—

(a)

take a rapid antigen test before leaving their place of self-isolation to undertake permitted work; and

(b)

carry an authorisation letter from a registered business or service when undertaking permitted work or permitted work travel unless they are undertaking permitted work—

(i)

for a health service or an emergency service referred to in clause 22(4); or

(ii)

in connection with an event listed in the Schedule; and

(c)

notify the result of any rapid antigen test taken by the critical worker—

(i)

to their employer before leaving their place of self-isolation to undertake permitted work or permitted work travel; and

(ii)

to the Ministry of Health in a manner required by a Director-General notice; and

(d)

comply with any face covering requirements specified in a Director-General notice; and

(e)

return to the critical worker’s place of isolation as soon as practicable after developing any COVID-19 symptoms.

(2)

A critical worker must, when taking a test under subclause (1)(a), use a rapid antigen test obtained—

(a)

from a distribution centre; or

(b)

otherwise in a manner specified in a Director-General notice.

(3)

A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.

(4)

If a critical worker (A) is identified in the Schedule as a participant of an event listed in the Schedule, A’s employer for the purposes of subclause (1)(c)(i) is a person who is responsible for managing or supervising A’s permitted work.

Clause 19(1)(b): replaced, at 11.58 pm on 18 February 2022, by clause 5(1) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 19(4): inserted, at 11.58 pm on 18 February 2022, by clause 5(2) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

20 Duties of business or service in relation to critical workers

(1)

A registered business or service must have systems and processes in place to ensure, as far as is practicable, that—

(a)

a critical worker who is required to take a rapid antigen test is able to notify the business or service of the result of the rapid antigen test before leaving self-isolation to undertake permitted work or permitted work travel for the business or service; and

(b)

the critical worker has access to a face covering and complies with clause 19(1)(d); and

(c)

other workers in the same defined space as a critical worker also comply with any face covering requirements specified in a Director-General notice; and

(d)

the critical worker has access to a defined space in which no other persons are present for the purpose of any breaks during which the critical worker is not wearing a face covering.

(1A)

Subclause (1) applies to a health service or an emergency service referred to in clause 22(4) as if it were a registered business or service.

(1B)

Subclause (1) does not apply in relation to permitted work undertaken in connection with an event listed in the Schedule by a critical worker who is identified in the Schedule as a participant of the event.

(2)

A breach of subclause (1) is a low risk infringement offence for the purposes of section 26(3) of the Act.

Clause 20 heading: amended, at 11.58 pm on 18 February 2022, by clause 6(1) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 20(1A): inserted, at 11.58 pm on 18 February 2022, by clause 6(2) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 20(1B): inserted, at 11.58 pm on 18 February 2022, by clause 6(2) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Critical services register and identification of critical workers

21 Business or service must not issue authorisation letter to worker unless registered in critical services register

(1)

A business or service must not issue an authorisation letter to a close contact unless the business or service is registered in the critical services register.

(2)

A business or service is registered in the critical services register if—

(a)

the business or service declares itself to be a critical service in the manner specified by the Director-General; and

(b)

the chief executive has issued a letter to the business or service confirming the business or service’s registration in the critical services register (a registration letter); and

(c)

the business or service has not been removed from the critical services register by the Director-General of Health under subclause (4).

(3)

The chief executive must issue a registration letter to a business or service that declares itself to be a critical service in accordance with subclause (2)(a).

(4)

However, the Director-General of Health may at any time remove a business or service from the critical services register if the Director-General is satisfied, on the basis of any information presented by the business or service or another person, that the business or service is not a critical service.

(5)

A registration letter issued by the chief executive to a business or service under subclause (2)(b) is not evidence that a business or service is, in fact, a critical service.

(6)

In this clause,—

critical services register means a register approved by the Director-General of Health to record—

(a)

self-declarations of businesses or services as critical services; and

(b)

information relating to each business or service.

(7)

A breach of subclause (1) is a low risk infringement offence for the purposes of section 26(3) of the Act.

22 Authorisation of critical workers by registered business or service

(1)

A registered business or service must not provide an authorisation letter to a close contact unless—

(a)

the close contact carries out work for the business or service that cannot be carried out remotely; and

(b)

the registered business or service has evidence that the close contact is vaccinated as defined in clause 15(3).

(2)

A registered business or service that provides a close contact with an authorisation letter must—

(a)

also provide the close contact with a copy of the business or service’s registration letter; and

(b)

keep a copy of the authorisation letter; and

(c)

provide a copy of the authorisation letter to an enforcement officer on request.

(3)

In this clause,—

authorisation letter means a document issued electronically or in hard copy to a close contact by a registered business or service that includes—

(a)

a statement that the close contact is a critical worker; and

(b)

an outline of the protocols the close contact will need to follow to mitigate the risk of transmission of COVID-19.

(4)

This clause does not apply—

(a)

to a health service or an emergency service of a type specified in a Director-General notice; or

(b)

in relation to permitted work undertaken in connection with an event listed in the Schedule by a critical worker who is identified in the Schedule as a participant of the event.

(5)

A breach of subclause (1) is a high risk infringement offence for the purposes of section 26(3) of the Act.

(6)

A breach of subclause (2) is a low risk infringement offence for the purposes of section 26(3) of the Act.

Clause 22(2): amended, at 11.58 pm on 18 February 2022, by clause 7(1) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 22(4): replaced, at 11.58 pm on 18 February 2022, by clause 7(2) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Subpart 3—Miscellaneous

23 How Part 2 applies to business or service

(1)

A clause of this order that applies to a business or service applies to the person who carries on that business or service.

(2)

A clause of this order that applies in relation to a particular activity applies to a business or service to the extent that the activity is carried out by the business or service.

Part 3 Miscellaneous

Director-General notices

24 Director-General may specify matters by notice

(1)

The Director-General may, by notice, specify anything that this order says may or must be specified by notice, including—

(a)

face covering requirements for the purposes of clauses 16(1)(a), 19(1)(d), and 20(1)(c), including requirements relating to—

(i)

the type of face covering a person must wear for the purposes of a clause of this order; and

(ii)

when and where a person must wear a face covering for the purposes of a clause of this order; and

(iii)
[Revoked]

(b)

specifying a manner in which a person may travel to and from their place of self-isolation under clause 12(3)(a)(ii) or 15(1)(a)(iii) if satisfied that the manner specified minimises, so far as practicable, the risk of exposure to other persons; and

(c)

specifying a health service or an emergency service to which clause 22 does not apply if the Director-General is satisfied the service has alternative ways of appropriately identifying critical workers.

(2)

A notice made under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons or things.

(3)

A notice made under this clause for 1 or more named persons (an individual notice) must be notified in writing to the applicant and any named person or persons as soon as practicable after it is made.

Legislation Act 2019 requirements for secondary legislation made under this clause
PublicationThe maker must publish it in accordance with the Legislation (Publication) Regulations 2021LA19 s 74(1)(aa)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114
DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116
This note is not part of the order.

Clause 24(1)(a)(iii): revoked, at 11.58 pm on 18 February 2022, by clause 8(1) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 24(1)(b): replaced, at 11.58 pm on 18 February 2022, by clause 8(2) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Clause 24(1)(c): inserted, at 11.58 pm on 18 February 2022, by clause 8(2) of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

Consequential amendment to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

26 Clause 10 amended (Period of isolation or quarantine)

After clause 10(2)(b), insert:

(c)

the time and date on which the person became a close contact under the COVID-19 Public Health Response (Requirements for Close Contacts) Order 2022.

Schedule Critical workers for specified events

cl 4

Schedule: inserted, at 11.58 pm on 18 February 2022, by clause 9 of the COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21).

ItemEventParticipants
1International Cricket Council Women’s Cricket World Cup 2022 to be held in New Zealand from 4 March 2022 to 4 April 2022

Players and staff of participating cricket teams

Match officials, event staff, host broadcast crew, venue and match set up staff, turf staff, and venue operations staff

2DHL Super Rugby Pacific 2022 Season

Players and staff of participating rugby teams

Game officials, event staff, host broadcast crew, venue and game set up staff, turf staff, and venue operations staff

3ANZ Test Series Blackcaps vs South Africa

Players and staff of participating cricket teams

Match officials, event staff, host broadcast crew, venue and match set up staff, turf staff, and venue operations staff

Dated at Wellington this 16th day of February 2022.

Hon Chris Hipkins,
Minister for COVID-19 Response.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 16 February 2022.

Notes
1 General

This is a consolidation of the COVID-19 Public Health Response (Requirements for Close Contacts) Order 2022 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Order 2022 (SL 2022/46): clause 31

COVID-19 Public Health Response (Requirements for Close Contacts) Amendment Order 2022 (SL 2022/21)