COVID-19 Public Health Response (Air Border) Amendment Order 2022

  • revoked
  • COVID-19 Public Health Response (Air Border) Amendment Order 2022: revoked, at 12.01 am on 20 October 2022, pursuant to clause 3 of the COVID-19 Public Health Response (Air Border) Order Revocation Order 2022 (SL 2022/275).

Version as at 20 October 2022

Coat of Arms of New Zealand

COVID-19 Public Health Response (Air Border) Amendment Order 2022

(SL 2022/49)

COVID-19 Public Health Response (Air Border) Amendment Order 2022: revoked, at 12.01 am on 20 October 2022, pursuant to clause 3 of the COVID-19 Public Health Response (Air Border) Order Revocation Order 2022 (SL 2022/275).

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.

Order

1 Title

This order is the COVID-19 Public Health Response (Air Border) Amendment Order 2022.

2 Commencement

This order comes into force as follows:

(a)

clauses 4, 6, 14, and 15(1) and (7) come into force at 11.59 pm on 2 March 2022:

(b)

the rest of this order comes into force at 11.59 pm on 4 March 2022.

3 Principal order

This order amends the COVID-19 Public Health Response (Air Border) Order 2021.

4 Clause 8 amended (No isolation or quarantine required)

In clause 8, insert as subclause (2):

(2)

The person may, after they arrive in New Zealand, be required to undergo testing for COVID-19 in accordance with a COVID-19 border requirements schedule.

5 Clause 31 amended (Must not provide false or misleading information or evidence)

In clause 31, replace “authorised person” with “authorised officer”.

6 Schedule 1 amended

(1)

In Schedule 1, Part 1, revoke clause 2.

(2)

In Schedule 1—

(a)

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

(b)

make all necessary consequential amendments.

7 Schedule 2 amended

In Schedule 2, group 2, revoke the items relating to Australia and Tonga.

8 Schedule 4 amended

In Schedule 4, Part 2, revoke the items relating to clauses 22, 32, 34, and 38.

9 Schedule 5 amended

(1)

In Schedule 5, Part 2, revoke the items relating to clauses 22, 32, 34, and 38.

(2)

In Schedule 5, Part 3, revoke the items relating to clauses 22, 32, 34, and 38.

10 Schedule 7 amended

(1)

In Schedule 7, Part 2, replace the item relating to clause 8 with:

cl 8No isolation or quarantine requiredClause 8 applies to the person only if they are vaccinated.
cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine OrderClause 10 applies to the person only if they are not vaccinated.

(2)

In Schedule 7, Part 2, item relating to clause 13, replace the item in the third column with:

See clause 13(2), which allows certain persons, including New Zealand citizens, to arrive in New Zealand without being vaccinated.

(3)

In Schedule 7, Part 2, after the item relating to clause 18, insert:

cl 21Must have confirmed allocation for managed isolation or quarantine
(1)

Clause 21 applies to the person only if they are not vaccinated.

(2)

However, clause 21 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member.

(4)

In Schedule 7, Part 2, revoke the items relating to clauses 22, 32, 34, and 38.

(5)

In Schedule 7, Part 3, replace the item relating to clause 8 with:

cl 8No isolation or quarantine requiredClause 8 applies to the person only if they are vaccinated.
cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine OrderClause 10 applies to the person only if they are not vaccinated.

(6)

In Schedule 7, Part 3, item relating to clause 13, replace the item in the third column with:

(1)

Clause 13(1)(b) does not apply to the person (option of being excused from vaccination by certificate).

(2)

See clause 13(2), which allows certain persons, including New Zealand citizens, to arrive in New Zealand without being vaccinated.

(7)

In Schedule 7, Part 3, after the item relating to clause 18, insert:

cl 21Must have confirmed allocation for managed isolation or quarantine
(1)

Clause 21 applies to the person only if they are not vaccinated.

(2)

However, clause 21 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member.

(8)

In Schedule 7, Part 3, revoke the items relating to clauses 22, 32, 34, and 38.

(9)

In Schedule 7, Part 5, replace the item relating to clause 9 with:

cl 8No isolation or quarantine required
(1)

Clause 8 applies to the person only if they are vaccinated.

(2)

After the person arrives in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine OrderClause 10 applies to the person only if they are not vaccinated.

(10)

In Schedule 7, Part 5, item relating to clause 13, replace the item in the third column with:

See clause 13(2), which allows certain persons, including New Zealand citizens, to arrive in New Zealand without being vaccinated.

(11)

In Schedule 7, Part 5, after the item relating to clause 18, insert:

cl 21Must have confirmed allocation for managed isolation or quarantine
(1)

Clause 21 applies to the person only if they are not vaccinated.

(2)

However, clause 21 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member.

(12)

In Schedule 7, Part 5, revoke the items relating to clauses 22, 32, 34, and 38.

11 Schedule 8 amended

In Schedule 8, Part 2, revoke the items relating to clauses 32 and 34.

12 Schedule 9 amended

(1)

In Schedule 9, Part 2, item relating to clause 13, replace item in the third column with:

See clause 13(2), which allows certain persons, including New Zealand citizens, to arrive in New Zealand without being vaccinated.

(2)

In Schedule 9, Part 2, revoke the items relating to clauses 32 and 34.

13 Schedule 10 amended

In Schedule 10, Part 2, revoke the items relating to clauses 32 and 34.

14 Schedule 12 amended

(1)

In Schedule 12, Part 2, replace the item relating to clause 9 with:

cl 8No isolation or quarantine required
(1)

Clause 8 applies to the person only if they are vaccinated.

(2)

After the person arrives in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine Order
(1)

Clause 10 applies to the person only if they are not vaccinated.

(2)

However, clause 10 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member. Instead,—

(a)

clause 8 applies to them; and

(b)

after they arrive in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

(2)

In Schedule 12, Part 2, item relating to clause 13, replace item in the third column with:

See clause 13(2), which allows certain persons, including New Zealand citizens, to arrive in New Zealand without being vaccinated.

(3)

In Schedule 12, Part 2, after the item relating to clause 18, insert:

cl 21Must have confirmed allocation for managed isolation or quarantine
(1)

Clause 21 applies to the person only if they are not vaccinated.

(2)

However, clause 21 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member.

(4)

In Schedule 12, Part 2, revoke the items relating to clauses 25 and 34.

(5)

In Schedule 12, Part 3, replace the item relating to clause 9 with:

cl 8No isolation or quarantine required
(1)

Clause 8 applies to the person only if they are vaccinated.

(2)

After the person arrives in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine Order
(1)

Clause 10 applies to the person only if they are not vaccinated.

(2)

However, clause 10 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member. Instead,—

(a)

clause 8 applies to them; and

(b)

after they arrive in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

(6)

In Schedule 12, Part 3, item relating to clause 13, replace item in the third column with:

See clause 13(2), which allows certain persons, including New Zealand citizens, to arrive in New Zealand without being vaccinated.

(7)

In Schedule 12, Part 3, after the item relating to clause 18, insert:

cl 21Must have confirmed allocation for managed isolation or quarantine
(1)

Clause 21 applies to the person only if they are not vaccinated.

(2)

However, clause 21 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member.

(8)

In Schedule 12, Part 3, revoke the items relating to clauses 25 and 34.

15 Schedule 14 amended

(1)

In Schedule 14, Part 2, replace the item relating to clause 10 with:

cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine Order

Clause 10 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member. Instead,—

(a)

clause 8 applies to them; and

(b)

after they arrive in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

(2)

In Schedule 14, Part 2, replace the item relating to clause 10 with:

cl 8No isolation or quarantine required
(1)

Clause 8 applies to the person only if they are vaccinated.

(2)

After the person arrives in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine Order
(1)

Clause 10 applies to the person only if they are not vaccinated.

(2)

However, clause 10 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member. Instead,—

(a)

clause 8 applies to them; and

(b)

after they arrive in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

(3)

In Schedule 14, Part 2, before the item relating to clause 14, insert:

cl 12Must have traveller pass
cl 13Must be vaccinated or be excused by certificate (unless under 17 years of age)See clause 13(2), which allows certain persons, including New Zealand citizens, to arrive in New Zealand without being vaccinated.

(4)

In Schedule 14, Part 2, replace the item relating to clause 21 with:

cl 21Must have confirmed allocation for managed isolation or quarantine
(1)

Clause 21 applies to the person only if they are not vaccinated.

(2)

However, clause 21 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member.

(5)

In Schedule 14, Part 2, before the item relating to clause 28, insert:

cl 23Must make traveller declaration at certain times
cl 24Must provide, at certain times, information necessary to support public health response to COVID-19

(6)

In Schedule 14, Part 2, revoke the item relating to clause 32.

(7)

In Schedule 14, Part 3, replace the item relating to clause 10 with:

cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine Order

Clause 10 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member. Instead,—

(a)

clause 8 applies to them; and

(b)

after they arrive in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

(8)

In Schedule 14, Part 3, replace the item relating to clause 10 with:

cl 8No isolation or quarantine required
(1)

Clause 8 applies to the person only if they are vaccinated.

(2)

After the person arrives in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

cl 10Must enter managed isolation or quarantine under Part 1 of Isolation and Quarantine Order
(1)

Clause 10 applies to the person only if they are not vaccinated.

(2)

However, clause 10 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member. Instead,—

(a)

clause 8 applies to them; and

(b)

after they arrive in New Zealand, they must undergo testing for COVID-19 in accordance with the COVID-19 Public Health Response (Testing for COVID-19) Order 2022.

(9)

In Schedule 14, Part 3, before the item relating to clause 13 insert:

cl 12Must have traveller pass

(10)

In Schedule 14, Part 3, replace the item relating to clause 13 with:

cl 13Must be vaccinated or be excused by certificate (unless under 17 years of age)See clause 13(2) which allows certain persons, including certain refugees and their family members and citizens of Afghanistan, to arrive in New Zealand without being vaccinated.

(11)

In Schedule 14, Part 3, replace the item relating to clause 21 with:

cl 21Must have confirmed allocation for managed isolation or quarantine
(1)

Clause 21 applies to the person only if they are not vaccinated.

(2)

However, clause 21 does not apply to the person if they are under the age of 17 years and arrive in New Zealand unaccompanied by a relevant family member.

(12)

In Schedule 14, Part 3, before the item relating to clause 28, insert:

cl 23Must make traveller declaration at certain times
cl 24Must provide, at certain times, information necessary to support public health response to COVID-19

(13)

In Schedule 14, Part 3, revoke the item relating to clause 32.

Schedule New Part 2 inserted into Schedule 1

cl 5

Part 2 Provisions relating to COVID-19 Public Health Response (Air Border) Amendment Order 2022

3 Order as amended applies to persons or flights that depart before relevant amendments commence

(1)

To the extent that the first amendments remove a requirement that a person comply with clause 21 before they arrive in New Zealand, the person is not required to comply with that clause if they arrive at or after 11.59 pm on 2 March 2022—

(a)

on a direct flight, if it departed for New Zealand before that time; or

(b)

on connecting flights to New Zealand, if the first connecting flight departed before that time.

(2)

To the extent that the second amendments remove a requirement that a person comply with clause 21 before they arrive in New Zealand, the person is not required to comply with that clause if they arrive at or after 11.59 pm on 4 March 2022—

(a)

on a direct flight, if it departed for New Zealand before that time; or

(b)

on connecting flights to New Zealand, if the first connecting flight departed before that time.

(3)

In this clause,—

Amendment Order means the COVID-19 Public Health Response (Air Border) Amendment Order 2022

first amendment means an amendment made by a provision of the Amendment Order that commences at 11.59 pm on 2 March 2022

second amendment means an amendment made by a provision of the Amendment Order that commences at 11.59 pm on 4 March 2022.

Dated at Wellington this 2nd day of March 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 (Air Border) Order 2021 (the principal order). Clauses 4, 6, and 14 (relating to travellers who have been in Australia or Tonga in the 2 weeks before they travel to New Zealand) comes into force at 11.59 pm on 2 March 2022. Clause 15(1) and (7) (relating to persons under the age of 17 who arrive unaccompanied) also comes into force at that time. The rest of this order comes into force at 11.59 pm on 4 March 2022.

This order removes the requirement to enter a managed isolation and quarantine facility (MIQF) or self-isolation on arrival for the following persons:

  • travellers who are vaccinated and have been in Australia or Tonga in the 2 weeks before they travel to New Zealand, from 11.59 pm on 2 March 2022 (by amending Schedule 12); and

  • travellers who are vaccinated arriving from all countries, from 11.59 pm on 4 March 2022 (by amending Schedule 14 and removing Australia and Tonga from the list of Group 2 countries).

However, those persons—

  • will need to be tested for COVID-19 after arrival in accordance with the requirements under the COVID-19 Public Health Response (Testing for COVID-19) Order 2022; and

  • may need to comply with additional entry requirements, for example having a traveller pass, making a traveller declaration at certain times, and providing information necessary to support the public health response to COVID-19.

Clause 6 provides for transitional provisions so that a person is not required to have a confirmed MIQF allocation if they arrive after the amendments in this order come into force (to ensure that persons who leave on a flight before the amendments come into force but land after the commencement date are permitted to board their flight without a confirmed MIQF allocation).

Clause 7 removes Australia and Tonga from the list of group 2 countries from 11.59 pm on 4 March 2022. This amendment makes all general travellers (except for those who have only been in group 1 countries for the 2 weeks before they travel to New Zealand) subject to Schedule 14 from that time.

This order also removes the requirements for all travellers who are vaccinated to report for and undergo COVID-19 screening or be considered at low risk of having COVID-19.

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: 2 March 2022.

Notes
1 General

This is a consolidation of the COVID-19 Public Health Response (Air Border) Amendment 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 (Air Border) Order Revocation Order 2022 (SL 2022/275): clause 3