2022/106
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.
This order is the COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Amendment Order (No 3) 2022.
This order comes into force at 11.59 pm on 14 April 2022.
This Part amends the COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Order 2022.
Replace clause 4(4) with:
(4)
Part 3 provides for miscellaneous matters, including clause 29, which provides that the chief executive may authorise a relevant person to be isolated in an MIQF instead of in accordance with the applicable self-isolation provisions in certain circumstances.
In clause 5(1), insert in their appropriate alphabetical order:
Isolation and Quarantine Order means the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020
period of MIQF isolation has the meaning given by clause 29A(1)
(1)
After clause 13(2)(g), insert:
to move to an MIQF if authorised to do so by the chief executive under clause 29.
(2)
Replace clause 13(4)(b) with:
return directly to their place of self-isolation—
after completing the essential permitted movement; or
in the case of movement described in subclause (2)(h), if their period of MIQF isolation ends early.
Replace subpart 3 of Part 3 with:
The chief executive may authorise a relevant person to be isolated in an MIQF in accordance with this subpart if—
a medical officer of health, a health protection officer, or a suitably qualified health practitioner considers that the person does not have a suitable residence or other suitable accommodation for the purposes of complying with the applicable self-isolation provisions; and
the chief executive is satisfied that the MIQF has capacity for the person to be isolated there; and
the chief executive is satisfied that the person consents to be isolated in an MIQF; and
the chief executive is satisfied that the MIQF has capability for the person to be isolated there after taking into account the health, safety, and well-being of—
the person; and
the workers at the MIQF; and
the other residents at the MIQF.
A relevant person’s period of MIQF isolation—
commences at the time at which the person is transferred to an MIQF under this subpart; and
ends at the earlier of the following:
when the person’s period of self-isolation would end under the applicable self-isolation provisions:
when the person chooses to leave the MIQF.
During a relevant person’s period of MIQF isolation, the applicable self-isolation provisions do not apply to the person.
(3)
However, if the person chooses to leave the MIQF, the applicable self-isolation provisions apply to them again for the remainder of their period of self-isolation.
A person who is authorised under clause 29 to be isolated in an MIQF must, during their period of MIQF isolation, be isolated in the MIQF as required by the provisions specified in subclause (2) as if—
the person were a relevant person as defined in clause 7 of the Isolation and Quarantine Order; and
all references for the purposes of those provisions to their place of isolation or quarantine were references to the MIQF in which the person is isolating.
The provisions are:
section 32P of the Act (restrictions on movement within MIQFs or other places of isolation or quarantine):
the following clauses of the Isolation and Quarantine Order:
clause 8(3) and (4) (requirements for isolation or quarantine):
clause 9 (medical examination and testing), which applies as if the reference to a period of isolation or quarantine were a reference to period of MIQF isolation:
clause 13 (leaving place of isolation or quarantine to visit fellow resident):
clause 14A(1)(b) (designation of relevant persons as fellow residents):
clause 15 (caregivers of children and other vulnerable people), which applies as if clause 15(2)(c)(i) reads “the same start time as the vulnerable person, or”.
The chief executive may, despite clause 29B, permit a relevant person to leave an MIQF and re-enter to undertake essential permitted movement during their period of MIQF isolation.
However, a person leaving their MIQF under this clause must—
comply with any directions of, or conditions imposed by, the chief executive (see section 32P(2) of the Act); and
wear a face covering at all times while undertaking essential permitted movement.
In this clause, essential permitted movement means movement of a type described in clause 13(2)(c) to (h).
In Schedule 1AA,—
insert the Part set out in the Schedule of this order as the last Part; and
make all necessary consequential amendments.
This Part amends the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020.
Revoke clause 10(1A).
cl 8
In this Part,—
Amendment Order means the COVID-19 Public Health Response (Self-isolation and Permitted Work) Amendment Order (No 3) 2022
former clause 29 means clause 29 of the order as in force immediately before its amendment by the amendment order.
This order (as amended by the Amendment Order) applies to a person who, before the commencement of the Amendment Order, is required by former clause 29 to be isolated or quarantined in accordance with Part 1 of the Isolation and Quarantine Order as if the person was authorised by clause 29 (as inserted by clause 7 of the Amendment Order) to be isolated in an MIQF.
Dated at Wellington this 12th day of April 2022.
Hon Chris Hipkins,Minister for COVID-19 Response.
This order amends the COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Order 2022 (the Self-isolation Requirements and Permitted Work Order) and the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (the Isolation and Quarantine Order). It comes into force at 11.59 pm on 14 April 2022.
Clause 29 currently provides that a person can be required to be isolated or quarantined under Part 1 of the Isolation and Quarantine Order in a managed isolation or quarantine facility (an MIQF) if a medical officer of health or a health protection officer considers that the person does not have a suitable place to self-isolate. Part 1 of this order amends the Self-isolation Requirements and Permitted Work Order as follows:
the chief executive of the Ministry of Business, Innovation, and Employment (the chief executive) may authorise a person to be isolated in an MIQF instead of a medical officer of health or a health protection officer requiring the person to be isolated:
the chief executive may authorise a person to be isolated in an MIQF if—
a medical officer of health, a heath protection officer, or a suitably qualified health practitioner considers that the person does not have a suitable place to self-isolate; and
the chief executive is satisfied that the MIQF has capability for the person to be isolated there, taking into account the health, safety, and well-being of the person, the workers at the MIQF, and the other residents at the MIQF:
a person’s period of MIQF isolation starts when they are transferred to an MIQF and ends at the earlier of—
when their period of self-isolation would have ended (had they been self-isolating); or
when they choose to leave the MIQF:
a person who is isolating in an MIQF must comply with the following:
section 32P of the Act (restrictions on movement within MIQFs or other places of isolation or quarantine); and
clause 9 (medical examination and testing):
clause 15 (caregivers of children and other vulnerable people):
The chief executive may permit a person to leave and re-enter an MIQF for the purpose of movement of a type described in clause 13(2)(c) to (h) of the Self-isolation Requirements and Permitted Work Order as long as they wear a face covering at all times and comply with any directions of the chief executive.
Part 2 of this order makes a consequential amendment to the Isolation and Quarantine Order.
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: 12 April 2022.
This order is administered by the Ministry of Health.