This order, which comes into force at 11.59 pm on 25 November 2020, amends the COVID-19 Public Health Response (Required Testing) Order 2020 (the principal order).

The main effect of the amendments is to impose new duties on a person conducting a business or undertaking who employs or engages an affected person (a relevant PCBU) to—

• facilitate compliance with the testing and medical examination requirements that apply to the affected person under the principal order; and

• keep and maintain a record of the affected person’s compliance with those requirements.

The amendments also require an affected person to provide the relevant PCBU with (or give the PCBU access to) information for record-keeping purposes. A breach of these duties by a relevant PCBU or an affected person is an infringement offence under section 26(3) of the COVID-19 Public Health Response Act 2020 (the Act) for which the PCBU or person is liable to an infringement fee of $300 or a fine not exceeding $1,000.

This order also replaces Schedule 2, which specifies groups of affected persons who are required to report for, and undergo, testing and medical examination for COVID-19 under the principal order. New Schedule 2 continues the effect of the existing schedule but adds the following new groups (and requirements) to Parts 3 and 4, which relate to affected airports and affected ports:

• persons (other than excluded airport persons) who spend more than 15 minutes in an enclosed space on board an aircraft that arrives from a location outside New Zealand are required to undergo testing and medical examination once every 7 days (see item 3.1):

• all other airside workers (other than excluded airport persons) are required to undergo testing and medical examination once every 14 days (see item 3.9):

• all landside workers (other than excluded airport persons) who interact with international arriving or international transiting passengers at an affected airport are required to undergo testing and medical examination once every 14 days (see item 3.10):

• persons (other than excluded port persons) who spend more than 15 minutes in an enclosed space on board an affected ship are required to undergo testing and medical examination once every 7 days (see item 4.1):

• all other port workers (other than excluded port persons) who interact with persons required to be in isolation or quarantine under a COVID-19 order are required to undergo testing and medical examination once every 14 days (see item 4.6).

New Schedule 2 also—

• increases the frequency of the required testing and medical examination of pilots (other than excluded port persons) who carry out work on or around affected ships from once every 14 days to once every 7 days (see item 4.2); and

• provides for testing and medical examination of all of the groups specified in the schedule to be carried out at other healthcare facilities in addition to the existing testing centres.

This order must be approved by a resolution of the House of Representatives before the expiry of the period described in section 16(2) of the Act. If this does not happen, the order is revoked on the expiry of that period.