COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022

  • revoked
  • COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022: revoked, at 11.59 pm on 12 September 2022, pursuant to clause 11 of the COVID-19 Public Health Response (Masks) Order 2022 (SL 2022/255).

Version as at 12 September 2022

Coat of Arms of New Zealand

COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022

(SL 2022/83)

COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 2022: revoked, at 11.59 pm on 12 September 2022, pursuant to clause 11 of the COVID-19 Public Health Response (Masks) Order 2022 (SL 2022/255).

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 (Protection Framework) Amendment Order (No 5) 2022.

2 Commencement

This order comes into force at 11.59 pm on 25 March 2022.

4 Clause 11 amended (Meaning of face covering rule)

After clause 11(1)(a), insert:

(aa)

when outdoors; or

5 Clause 46 amended (Gathering of CVC compliant people permitted if fixed capacity limit met)

(1)

In the heading to clause 46, replace “fixed capacity limit met” with “indoor capacity limit not exceeded”.

(2)

In clause 46(4), replace “The”, with “In any indoor defined space, the”.

(3)

In clause 46(5), replace “a defined space”, with “an indoor defined space”.

6 New clause 46A inserted (Gathering of CVC compliant people permitted if outdoors)

After clause 46, insert:

46A Gathering of CVC compliant people permitted if outdoors

(1)

An outdoor gathering that complies with the requirements in subclauses (2) and (3) is permitted.

(2)

A person must produce their CVC when requested by a person responsible for a gathering unless the person is—

(a)

under the age of 12 years and 3 months; or

(b)

a student participating in an extra-curricular or a curricular activity at the gathering.

(3)

A person responsible for the gathering must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (including workers) who attend the gathering are people who are CVC compliant.

(4)

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

7 Clause 53 amended (Fixed capacity event permitted for CVC compliant people only)

(1)

Replace the heading to clause 53 with “Event for CVC compliant people permitted if indoor capacity limit not exceeded”.

(2)

In clause 53(4), after “(the number limit)”, insert “in any indoor defined space”.

(3)

In clause 53(5), replace “a defined space”, with “an indoor defined space”.

8 New clause 53A inserted (Outdoor event permitted for CVC compliant people)

After clause 53, insert:

53A Outdoor event permitted for CVC compliant people

(1)

An outdoor event that complies with the requirements in subclauses (2) and (3) is permitted.

(2)

A person (including any worker) who enters the premises at which the event is held must produce their CVC when requested (on or after entering) by the organiser unless the person is—

(a)

under the age of 12 years and 3 months; or

(b)

a student participating in an extra-curricular or a curricular activity at the event.

(3)

The organiser of the event must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (including workers) at the event are those who are CVC compliant.

(4)

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

9 Schedule 5 amended

In Schedule 5, revoke Parts 2 and 3.

10 Schedule 6 amended

In Schedule 6, revoke Parts 2 and 3.

11 Schedule 7 amended

(1)

In Schedule 7, Part 2, revoke the items relating to clauses 19, 20, 21, and 22 and the heading above those items.

(2)

In Schedule 7, Part 2, item relating to clause 40, third column, replace paragraph (1) with:

(1)

Clause 40 applies only in relation to an indoor defined space in—

(a)

a public facility:

(b)

a retail business or service other than a transport station retail business or service.

(3)

In Schedule 7, Part 2, replace the item relating to clause 46 with:

cl 46

Gathering of CVC compliant people permitted if indoor capacity limit not exceeded

(1)

For the purposes of clause 46(4)(a) and (b), the fixed number of people is 200.

(2)

For the purposes of clause 46(4)(a), the specified physical distancing rule is the 1-metre physical distancing rule.

(3)

The requirement in clause 46(6) does not apply.

(4)

In Schedule 7, Part 2, after the item relating to clause 46, insert:

cl 46A

Gathering of CVC compliant people permitted if outdoors

(5)

In Schedule 7, Part 2, item relating to clause 47, third column, after paragraph (2), insert:

(3)

The requirement in clause 47(4) does not apply.

(6)

In Schedule 7, Part 2, replace the item relating to clause 53 with:

cl 53

Event for CVC compliant people permitted if indoor capacity limit not exceeded

(1)

For the purposes of clause 53(4)(a), the fixed number of people is 200.

(2)

For the purposes of clause 53(4)(b), the specified physical distancing rule is the 1-metre physical distancing rule.

(3)

The requirements in clause 53(6) and (7) do not apply.

(7)

In Schedule 7, Part 2, after the item relating to clause 53, insert:

cl 53A

Outdoor event permitted for CVC compliant people

(8)

In Schedule 7, Part 2, revoke the item relating to clause 83 and the heading above that item.

(9)

In Schedule 7, Part 2A, item 4, second column, replace “an indoor” with “a”.

(10)

In Schedule 7, Part 2A, items 9, 12, 13, and 14, delete “indoors”.

(11)

In Schedule 7, Part 3, subpart 1, item relating to clause 41, third column, replace paragraphs (1), (2), and (3) with:

(1)

Clause 41 applies only in relation to a defined space that is indoors.

(2)

For the purposes of clause 41(1)(a), the fixed number of people is 200.

(3)

For the purposes of clause 41(1)(b), the specified physical distancing rule is the 1-metre physical distancing rule.

(4)

Clause 41 does not apply to—

(a)

transport station food and drink businesses or services:

(b)

airline lounge food and drink businesses or services:

(c)

food and drink businesses or services on board a vehicle in use as part of a public transport service.

(12)

In Schedule 7, Part 3, subpart 1, item relating to clause 69, third column, insert:

Clause 69 does not apply outdoors.

(13)

In Schedule 7, Part 3, subpart 3, item relating to clause 41, third column, replace paragraphs (1) and (2) with:

(1)

Clause 41 applies only in relation to a defined space that is indoors.

(2)

For the purposes of clause 41(1)(a), the fixed number of people is 200.

(3)

For the purposes of clause 41(1)(b), the specified physical distancing rule is the 1-metre physical distancing rule.

(14)

In Schedule 7, Part 3, subpart 4, item relating to clause 40, item relating to CVC rules, replace the third column with:

(1)

Clause 40 applies only in relation to a defined space that is indoors.

(2)

For the purposes of clause 40(1), the specified physical distancing rule is the 1-metre physical distancing rule.

Dated at Wellington this 25th 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 (Protection Framework) Order 2021 (the principal order). It comes into force at 11.59 pm on 25 March 2022.

QR codes and contact records

This order provides that at the Red setting—

  • a person in control of a workplace or public transport service no longer has to display a QR code; and

  • a person in control of a workplace is no longer required to have alternative contact record systems and processes in place; and

  • a business or service is no longer required to have systems and processes in place to ensure that each person who enters a workplace of the business or service scans the QR code or provides a contact record; and

  • a business or service that provides an in-home service is no longer required to have systems and processes in place to ensure that a contact record is kept at each home or place of residence entered by its workers.

Face coverings

This order amends clause 11 of the principal order (meaning of face covering rule) so that a person is not required to wear a face covering outdoors. Consequential amendments have been made to Schedule 7.

Indoor capacity limits

This order makes changes to indoor capacity limits at the Red setting for people who are CVC compliant. Indoor capacity limits for food and drink businesses, gyms, events, and gatherings increase to 200 CVC compliant people based on the 1-metre physical distancing rule.

The indoor capacity limits where people are not CVC compliant remain unchanged.

Outdoor capacity limits

This order makes the following changes to outdoor capacity limits at the Red setting for people who are CVC compliant:

  • there are no capacity limits outdoors at food and drink businesses, gyms, events, or gatherings:

  • for food and drink businesses, the seated and separated rule no longer applies outdoors:

  • for tertiary education providers, there is no longer a capacity limit outdoors.

The order also removes outdoor capacity limits for public facilities and retail businesses and services.

Schedule 5, Parts 2 and 3 revoked

Parts 2 and 3 of Schedule 5 (the Green setting) are revoked.

Schedule 6, Parts 2 and 3 revoked

Parts 2 and 3 of Schedule 6 (the Orange setting) are revoked.

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: 25 March 2022.

Notes
1 General

This is a consolidation of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 5) 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 (Masks) Order 2022 (SL 2022/255): clause 11