COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Amendment Order (No 5) 2022

2022/196

Coat of Arms of New Zealand

COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Amendment Order (No 5) 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.

Contents

1Title
2Commencement
3Principal order
4Clause 5 amended (Interpretation)
5Clause 9 amended (Person must remain at place of self-isolation except when undertaking permitted activities)
6Clause 10 amended (Person must not permit anyone to enter place of self-isolation except as permitted)
7Clause 13 amended (Essential permitted movement)
8Clause 14 amended (Permitted work and permitted work travel)
9Clause 16 amended (When eligible worker permitted to leave place of self-isolation to undertake work)
10New clause 17A inserted (Meaning of face covering rule)
17AMeaning of face covering rule
11Subpart 1 heading in Part 2 replaced
12Clause 18 amended (Duties of eligible worker leaving place of isolation to undertake work in bubble-of-one)
13Clause 19 replaced (Duties of business or service in relation to eligible worker undertaking work in bubble-of-one)
19Duties of business or service in relation to eligible worker undertaking work in bubble
14Clause 20 amended (Duties of critical worker leaving place of isolation to undertake work or collect authorised rapid antigen tests)
15Clause 21 amended (Duties of business or service in relation to critical workers)
16Clause 24 amended (Authorisation of persons as critical workers by registered business or service)
17Schedule 1AA amended
18Schedule 1 amended
19Schedule 2 amended
Part 1
Application
1Application of this schedule
2Part 2 of this schedule specifies applicable self-isolation provisions
20Schedule 3 amended
Schedule
New Part 3 inserted into Schedule 1AA
Explanatory note
Administrative Information

Order

1 Title

This order is the COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Amendment Order (No 5) 2022.

2 Commencement

This order comes into force at 11.59 pm on the second day after the date of its notification in the Gazette.

4 Clause 5 amended (Interpretation)

(1)

In clause 5(1), revoke the definition of distribution centre.

(2)

In clause 5(1), insert in their appropriate alphabetical order:

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

day zero, in relation to a COVID-19 case, means the earlier of the following:

(a)

the day on which the COVID-19 case develops any COVID-19 symptoms:

(b)

the day on which the COVID-19 case returns a positive COVID-19 test result

face covering rule has the meaning set out in clause 17A

intelligence and security agency has the meaning set out in section 4 of the Intelligence and Security Act 2017

(3)

In clause 5(1), replace the definition of critical worker with:

critical worker means an eligible worker—

(a)

identified in an authorisation letter as a critical worker; or

(b)

carrying out work for a health service or an emergency service referred to in clause 24(3); or

(c)

carrying out work for, or in connection with, an intelligence and security agency

(4)

In clause 5(1), replace the definition of household contact with:

household contact means a fellow resident of a COVID-19 case

(5)

In clause 5(1), replace the definition of work in a bubble-of-one with:

work in a bubble, in relation to an eligible worker, means work undertaken by the eligible worker in a defined space in which the only other persons present, if any,—

(a)

are fellow residents of that eligible worker; and

(b)

are not COVID-19 cases; and

(c)

are asymptomatic.

5 Clause 9 amended (Person must remain at place of self-isolation except when undertaking permitted activities)

Revoke clause 9(4).

6 Clause 10 amended (Person must not permit anyone to enter place of self-isolation except as permitted)

(1)

In the heading to clause 10, replace “permit” with “allow”.

(2)

In clause 10(1)(b)(iv), delete “(excluding cleaning services)”.

7 Clause 13 amended (Essential permitted movement)

(1)

In clause 13(2)(b), after “outdoor exercise”, insert “, either alone or with fellow residents only,”.

(2)

In clause 13(2)(d), after “required to attend”, insert “in person”.

(3)

After clause 13(2)(h), insert:

(i)

to provide urgent care to a child, or to provide care or support to a person who is in a critical or terminal condition, if no other appropriate person is able to provide that care or support in the area in which it is needed; or

(j)

to move to a new place of self-isolation if the relevant person is required to leave their place of self-isolation by any of the following:

(i)

the settlement of a sale and purchase agreement:

(ii)

the end of a tenancy agreement:

(iii)

an order made by a court or tribunal, by the New Zealand Parole Board, or by another judicial institution; or

(k)

to drive a fellow resident to a medical appointment by means of private motor vehicle.

(4)

In clause 13(5), replace “except when exercising” with “except in the circumstances specified in the self-isolation schedule that applies to the relevant person”.

8 Clause 14 amended (Permitted work and permitted work travel)

(1)

In clause 14(2), definition of permitted work, paragraph (a), replace “bubble-of-one” with “bubble”.

(2)

After clause 14(2)(c), insert:

(ca)

work by a critical worker for, or in connection with, an intelligence and security agency; or

(3)

In clause 14(2), definition of permitted work travel, paragraph (b), delete “from a distribution centre”.

9 Clause 16 amended (When eligible worker permitted to leave place of self-isolation to undertake work)

(1)

Replace clause 16(1) and the heading above clause 16(1) with:

Work in bubble

(1)

An eligible worker must not leave their place of self-isolation to undertake work in a bubble unless the worker is asymptomatic.

(2)

Revoke clause 16(2)(a).

(3)

Revoke clause 16(4).

10 New clause 17A inserted (Meaning of face covering rule)

After clause 17, insert:

17A Meaning of face covering rule

(1)

In this Part, the face covering rule requires that a person must wear a face covering except as provided in subclause (2).

(2)

A person is not required to wear a face covering—

(a)

if the person has a physical or mental illness or condition or disability that makes wearing a face covering unsuitable; or

(b)

when taking medicine; or

(c)

when eating or drinking; or

(d)

when in a defined or an enclosed space that is separate from the passenger area of a vehicle that is in use as part of a public transport service; or

(e)

when communicating with a person who is deaf or hard of hearing and visibility of the mouth is essential for communication; or

(f)

when asked to remove the face covering to ascertain the person’s identity; or

(g)

if wearing a face covering is not safe in all of the circumstances; or

(h)

in an emergency; or

(i)

when removal of, or not wearing, the face covering is otherwise required or authorised by law.

11 Subpart 1 heading in Part 2 replaced

In Part 2, replace the subpart 1 heading with:

Subpart 1—Work in bubble

12 Clause 18 amended (Duties of eligible worker leaving place of isolation to undertake work in bubble-of-one)

(1)

In the heading to clause 18, replace “bubble-of-one” with “bubble”.

(2)

Replace clause 18(1)(a) with:

(a)

comply with the face covering rule when undertaking work in a bubble; and

13 Clause 19 replaced (Duties of business or service in relation to eligible worker undertaking work in bubble-of-one)

Replace clause 19 with:

19 Duties of business or service in relation to eligible worker undertaking work in bubble

(1)

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

(a)

while an eligible worker is undertaking work in a bubble for the business or service in a defined space, no person enters that space who is not in the same bubble; and

(b)

when using, entering, or leaving the workplace, the eligible worker remains at least 2 metres away from any person who is not in the same bubble; and

(c)

the eligible worker has access to face coverings and complies with clause 18(1)(a); and

(d)

each person in the same bubble as the eligible worker complies with the face covering rule when undertaking work for the business or service.

(2)

For the purpose of this clause, a person is in the same bubble as an eligible worker only if the person—

(a)

is a fellow resident of that eligible worker; and

(b)

is not a COVID-19 case; and

(c)

is asymptomatic.

(3)

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

14 Clause 20 amended (Duties of critical worker leaving place of isolation to undertake work or collect authorised rapid antigen tests)

(1)

In clause 20(1)(a) and (b), replace “bubble-of-one” with “bubble”.

(2)

Replace clause 20(1)(d) with:

(d)

comply with the face covering rule while undertaking permitted work; and

(3)

Replace clause 20(2) with:

(2)

The requirement in subclause (1)(b) does not apply to a critical worker who is undertaking work for, or in connection with, an intelligence and security agency.

15 Clause 21 amended (Duties of business or service in relation to critical workers)

(1)

Replace clause 21(1)(c) with:

(c)

each other person working for the business or service in a defined space at the same time as a critical worker complies with the face covering rule; and

(2)

Replace clause 21(3) with:

(3)

Subclause (1) does not apply in relation to permitted work undertaken—

(a)

in connection with an event listed in Schedule 4 by a critical worker who is identified in that schedule as a participant in the event; or

(b)

for, or in connection with, an intelligence and security agency.

16 Clause 24 amended (Authorisation of persons as critical workers by registered business or service)

After clause 24(3)(b), insert:

(c)

in relation to work undertaken for, or in connection with, an intelligence and security agency.

17 Schedule 1AA amended

In Schedule 1AA,—

(a)

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

(b)

make all necessary consequential amendments.

18 Schedule 1 amended

In Schedule 1, replace clause 1(2) with:

(2)

However, a person is not a COVID-19 case if the person has previously completed a period of self-isolation as a COVID-19 case and there has been less than 28 days between—

(a)

day zero of the person’s most recent period of self-isolation as a COVID-19 case; and

(b)

the date on which subclause (1) again applies to the person.

19 Schedule 2 amended

(1)

In Schedule 2, replace Part 1 with:

Part 1 Application

1 Application of this schedule

(1)

This schedule applies to a person who is a household contact of a COVID-19 case (the relevant case) unless—

Current case

(a)

the person is a COVID-19 case; or

Recent case

(b)

the person has completed a period of self-isolation as a COVID-19 case under Schedule 1 during the period of 3 months before the relevant case’s day zero; or

Recent household contact

(c)

the person has previously completed a period of self-isolation in accordance with this schedule and there has been less than 10 days between—

(i)

the date on which the person’s most recent period of self-isolation in accordance with this schedule ended; and

(ii)

the relevant case’s day zero; or

Low risk ship contact

(d)

the person is a crew member on the ship that is the relevant case’s place of self-isolation, and a medical officer of health has determined that—

(i)

there is a low risk that the person has been exposed to a COVID-19 case; and

(ii)

for that reason, it is not necessary for the purpose of limiting the spread of COVID-19 for this schedule to apply to the person.

(2)

If a person moves to a new place of self-isolation during their period of self-isolation under this schedule,—

(a)

this schedule continues to apply to them as if they were still a household contact of the relevant case; but

(b)

the person’s new fellow residents do not become household contacts by reason only of being fellow residents of the person.

2 Part 2 of this schedule specifies applicable self-isolation provisions

Part 2 of this schedule specifies the self-isolation provisions that apply to a person to whom this schedule applies.

(2)

In Schedule 2, Part 2, item relating to clause 8, replace the item in the third column with:

For the purposes of clause 8, the person’s period of self-isolation—

(a)

starts as soon as practicable after the person becomes aware that they are the household contact of a COVID-19 case (the relevant case); and

(b)

ends at the same time of day as, but on the 7th day after, the earlier of the following:

(i)

the date on which the relevant case developed COVID-19 symptoms:

(ii)

the date on which the relevant case returned a positive COVID-19 test.

(3)

In Schedule 2, item relating to clause 13, third column, insert:

For the purposes of clause 13(5), a person is not required to wear a face covering when exercising.

20 Schedule 3 amended

(1)

In Schedule 3, clause 1(1), delete “that the person”.

(2)

In Schedule 3, Part 2, item relating to clause 13, third column, insert:

For the purposes of clause 13(5), a person is not required to wear a face covering when exercising.

Schedule New Part 3 inserted into Schedule 1AA

cl 17

Part 3 Provisions relating to COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Amendment Order (No 5) 2022

7 Interpretation

In this Part,—

Amendment Order means the COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Amendment Order (No 5) 2022

commencement means the commencement of the Amendment Order.

8 Change of definition of COVID-19 case applies to persons who have recently tested positive for COVID-19

(1)

Clause 1(2) of Schedule 1 (as amended by clause 18 of the Amendment Order) applies to a person who, immediately before commencement, is a COVID-19 case within the meaning of clause 1(1) of that schedule.

(2)

A person who is not a COVID-19 case only because of clause 1(2) of Schedule 1 as it applied immediately before commencement becomes a COVID-19 case on commencement if clause 1(2) no longer applies to the person on and from commencement.

9 Change of application of Schedule 2 applies to existing household contacts

(1)

Part 1 of Schedule 2 (as amended by clause 19(1) of the Amendment Order) applies to a person who, immediately before commencement, is a household contact within the meaning of clause 1 of that schedule.

(2)

The person is no longer required to isolate in accordance with Schedule 2 of this order on and from commencement if Schedule 2 no longer applies to the person on and from commencement.

Dated at Wellington this 23rd day of June 2022.

Hon Dr Ayesha Verrall,
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 (Self-isolation Requirements and Permitted Work) Order 2022 (the principal order). It comes into force at 11.59 pm on the second day after the date of its notification in the Gazette.

The main amendments to the principal order are—

  • to include in the definition of critical worker an eligible worker who carries out work for, or in connection with, an intelligence and security agency:

  • to amend the definition of permitted work travel so that a critical worker may travel to collect a rapid antigen test from anywhere, rather than only from a distribution centre:

  • to include the following new categories of essential permitted movement under clause 13:

    • providing urgent care to a child, or providing care or support to a person who is in a critical or terminal condition, if no other appropriate person is able to provide that care or support in the area in which it is needed:

    • moving to a new place of self-isolation if a person is required to leave their place of self-isolation:

    • driving a fellow resident to a medical appointment by means of private motor vehicle:

  • to remove the requirement for a person to be vaccinated to be eligible to leave the person’s place of self-isolation for permitted work purposes:

  • to add the following exceptions to the requirement to wear a face covering in Part 2:

    • if a person has a physical or medical illness or condition or disability that makes wearing a face covering unsuitable:

    • when a person is in a defined or enclosed space that is separate from the passenger area of a vehicle that is in use as part of a public transport service:

    • if wearing a face covering is not safe in all of the circumstances:

  • to amend the definition of COVID-19 case to reduce the time period during which a person would not have to re-isolate as a new case from 3 months to 28 days:

  • to amend the application of Schedule 2 so that a household contact of a COVID-19 case is not required to self-isolate again if the COVID-19 case tests positive or develops symptoms less than 10 days after the household contact last completed a period of self-isolation as a household contact under that schedule:

  • to allow an eligible worker and any of their fellow residents who are not COVID-19 cases and are asymptomatic to work together in a bubble.

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: 23 June 2022.

This order is administered by the Ministry of Health.