COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021
Checking for alerts... Loading...
Version as at 26 September 2022
COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021
(SL 2021/384)
COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021: revoked, at 11.59 pm on 26 September 2022, pursuant to clause 3(2) of the COVID-19 Public Health Response (Revocations) Order 2022 (SL 2022/254).
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.
Contents
Order
1 Title
This order is the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021.
2 Commencement
3 Principal order
This order amends the COVID-19 Public Health Response (Vaccinations) Order 2021.
4 Clause 9 amended (Chief executive may authorise affected persons not vaccinated to carry out certain work)
(1)
In the heading to clause 9, replace “Chief”
with “Relevant chief”
.
(2)
In clause 9(2), replace “chief”
with “relevant chief”
.
(3)
In clause 9(5), replace “chief”
with “relevant chief”
.
5 Clause 9A amended (Director-General may authorise affected persons not fully vaccinated to carry out certain work)
In clause 9A(3)(a), replace “a COVID-19 vaccine”
with “any vaccine for COVID-19”
.
6 Clause 10 amended (Duties of relevant PCBUs of affected persons belonging to groups specified in Parts 1 to 6 of Schedule 2: vaccination records)
(1)
In the heading to clause 10, replace “Parts 1 to 6”
with “Parts 1 to 6 and item 8.1 of Part 8”
.
(2)
Replace clause 10(1AAA) with:
(1AAA)
This clause also applies to a relevant PCBU who employs or engages an affected person who belongs to a group specified—
(a)
in any of Parts 1 to 6 of the table in Schedule 2:
(b)
in item 8.1 of Part 8 of Schedule 2.
(3)
Replace clause 10(1)(a) with:
(a)
must,—
(i)
in the case of an affected person who belongs to a group specified in item 8.1 of Part 8 of the table in Schedule 2 that the relevant PCBU employs or engages, update the register, as soon as practicable, to provide the Ministry of Health with confirmation that the person is an affected person:
(ii)
in the case of any other affected person that the relevant PCBU employs or engages, update the register to provide the Ministry of Health with confirmation that the person is an affected person before the person actually carries out certain work; and
7 Clause 11A amended (Duties of relevant PCBUs of affected persons belonging to groups specified in Part 7, 8, or 9 of Schedule 2: vaccination records)
(1)
In the heading to clause 11A, replace “Part 7, 8, or 9”
with “Part 7, item 8.2 of Part 8, or Part 9”
.
(2)
In clause 11A(1), replace “Part 7, 8, or 9”
with “Part 7, item 8.2 of Part 8, or Part 9”
.
8 Clause 12 amended (Duties regarding vaccination register)
In clause 12(1), replace “Parts 1 to 6”
with “Parts 1 to 6 and item 8.1 of Part 8”
.
9 Schedule 1 amended
(1)
In Schedule 1, clause 6(1)(a), replace “a COVID-19 vaccine”
with “the Pfizer/BioNTech COVID-19 vaccine”
.
(2)
In Schedule 1, clause 6(1)(b)(i), replace “a COVID-19 vaccine”
with “the Pfizer/BioNTech COVID-19 vaccine”
.
(3)
In Schedule 1, clause 6(1)(b)(ii), replace “a COVID-19 vaccine”
with “the Pfizer/BioNTech COVID-19 vaccine”
.
(4)
In Schedule 1, clause 6(2), replace “a COVID-19 vaccine”
with “the Pfizer/BioNTech COVID-19 vaccine”
in each place.
(5)
In Schedule 1, clause 9(2)(a), replace “29 November 2021”
with “17 January 2022”
.
(6)
In Schedule 1, clause 9(2)(b), replace “14 January 2022”
with “1 March 2022”
.
(7)
In Schedule 1, clause 9(2)(b)(i), replace “29 November 2021”
with “17 January 2022”
.
(8)
In Schedule 1, clause 9(2)(b)(ii), replace “14 January 2022”
with “1 March 2022”
.
(9)
In Schedule 1, clause 9(3), replace “29 November 2021”
with “17 January 2022”
.
(10)
In Schedule 1, clause 9(3)(b), replace “14 January 2022”
with “1 March 2022”
in each place.
(11)
In Schedule 1,—
(a)
insert the Part set out in Schedule 1 of this order as the last Part; and
(b)
make all necessary consequential amendments.
10 Schedule 3 replaced
Replace Schedule 3 with the Schedule 3 set out in Schedule 2 of this order.
Schedule 1 New Part 6 inserted into Schedule 1
Part 6 Provision relating to COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021
12 Transitional provision for certain affected persons
(1)
This clause applies despite anything in Part 3 of this schedule.
(2)
If an affected person who belongs to a group specified in item 8.1 of Part 8 of the table in Schedule 2—
(a)
has had no doses of a COVID-19 vaccine before the commencement of this clause, the affected person must be treated as vaccinated if, before the close of 31 March 2022,—
(i)
they have 2 doses of a COVID-19 vaccine; and
(ii)
at least 1 of the 2 doses is the AstraZeneca vaccine:
(b)
has had 1 dose of a COVID-19 vaccine before the commencement of this clause, the affected person must be treated as vaccinated if, before the close of 31 March 2022,—
(i)
they have 1 more dose of a COVID-19 vaccine; and
(ii)
at least 1 of the 2 doses is the AstraZeneca vaccine.
(3)
An affected person must not carry out certain work until they have complied with subclause (2).
13 Transitional provision for certain relevant PCBUs
(1)
This clause applies on and after 11.59 pm on 1 December 2021.
(2)
Clause 11A of this order applies to a relevant PCBU who employs or engages an affected person who belongs to a group specified in item 8.1 of Part 8 of Schedule 2 until 11.59 pm on 16 December 2021.
Schedule 2 Schedule 3 replaced
Schedule 3 Vaccinations
cls 4, 9A
| Item | Doses of COVID-19 vaccine | Administrative requirements | ||
|---|---|---|---|---|
| 1 | 2 doses of Pfizer/BioNTech (Comirnaty, Tozinameran, BNT162b2) | Either— (a)both doses received before carrying out certain work; or (b)1 dose received before carrying out certain work and the second dose received within 35 days of having the first dose |
||
| 2 | 2 doses of AstraZeneca (Vaxzevria, AZD1222) | Either— (a)both doses received before carrying out certain work; or (b)1 dose received before carrying out certain work and the second dose received within 35 days of having the first dose |
||
| 3 | 2 doses of AstraZeneca (Covishield) | Both doses received before carrying out certain work | ||
| 4 | 2 doses of Moderna (Spikevax, mRNA-1273) | Both doses received before carrying out certain work | ||
| 5 | 2 doses of Sinopharm, Beijing (BBIBP-CorV, Sinopharm COVID-19 vaccine, BIBP vaccine, Covilo) | Both doses received before carrying out certain work | ||
| 6 | 2 doses of Sinovac (CoronaVac, Sinovac COVID-19 vaccine, PiCoVacc) | Both doses received before carrying out certain work | ||
| 7 | 2 doses of Bharat Biotech (Covaxin, BBV152) | Both doses received before carrying out certain work | ||
| 8 | 1 dose of Janssen / Johnson & Johnson (Janssen COVID-19 Vaccine, Ad26.COV2.S, Ad26COVS1, JNJ-78436735) | Dose received before carrying out certain work | ||
| 9 | 2 doses of any combination of the following:
|
Both doses received before carrying out certain work | ||
| 10 | 1 dose of any of the following:
|
1 dose received before before carrying out certain work and 1 dose of Pfizer/BioNTech (Comirnaty, Tozinameran, BNT162b2) or AstraZeneca (Vaxzevria, AZD1222) within 35 days of having the first dose | ||
| 11 |
If a person has received 1 or 2 doses (or for Zydus Cadila, 1, 2 or 3 doses) of any of the following, then 1 additional dose of Pfizer/BioNTech, Moderna, AstraZeneca (Vaxzevria or Covishield) or Janssen vaccine is required to be treated as fully vaccinated:
If the additional dose is administered in New Zealand, it should be given at least 28 days after the previous COVID-19 vaccine dose |
All doses must be received before carrying out certain work |
Dated at Wellington this 29th day of November 2021.
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 (Vaccinations) Order 2021 (the principal order), which requires persons belonging to specified groups who carry out certain work to be vaccinated. Clauses 9 and 10 of this order come into force at 11.59 pm on 29 November 2021, and the rest of this order comes into force at 11.59 pm on 1 December 2021.
Clause 9 of the principal order is amended to distinguish the relevant chief executives owing to the recent inclusion of a more general definition of chief executive in the COVID-19 Public Health Response Act 2020.
Clause 9A of the principal order is amended to allow the Director-General of Health to take a wider range of vaccines into account when authorising affected persons who are not fully vaccinated to carry out certain work.
Clauses 10, 11A, and 12 of the principal order are amended to require the relevant PCBU to use the record-keeping provisions in clause 10 of the principal order and to comply with the register duties in clause 12 of the principal order in respect of an affected person who belongs to a group specified in item 8.1 of Part 8 of the table in Schedule 2 of the principal order.
Clause 9 of Schedule 1 of the principal order is amended to extend the period for which Police employees working in the health services are treated as vaccinated (until 17 January 2022 if they receive their first dose of a COVID-19 vaccine on or before that date, and until 1 March 2022 if they receive their first dose of a COVID-19 vaccine on or before 17 January 2022 and their second dose of a COVID-19 vaccine on or before 1 March 2022).
Schedule 1 of the principal order is also amended to include a transitional provision for certain affected workers who are unvaccinated and a transitional provision for PCBUs who employ or engage affected persons who belong to the group specified in item 8.1 of Part 8 of Schedule 2.
Schedule 3 of the principal order is replaced with new Schedule 3, which sets out an expanded range of vaccines, or combinations of vaccines, that an affected person may receive (in accordance with the specific requirements) in order to be recognised as vaccinated.
Approval by resolution required
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 COVID-19 Public Health Response Act 2020. If that does not happen, the order is revoked on the expiry of that period.
Date of notification in Gazette: 29 November 2021.
This order is administered by the Ministry of Health.
Notes
1 General
This is a consolidation of the COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021 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 (Revocations) Order 2022 (SL 2022/254): clause 3(2)
Versions
COVID-19 Public Health Response (Vaccinations) Amendment Order (No 5) 2021
RSS feed link copied, you can now paste this link into your feed reader.