COVID-19 Public Health Response Act 2020

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Version as at 26 November 2021

Coat of Arms of New Zealand

COVID-19 Public Health Response Act 2020

Public Act
 
2020 No 12
Date of assent
 
13 May 2020
Commencement
 
see section 2
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 Act is administered by the Ministry of Health.

Contents

1Title
2Commencement
Part 1
Preliminary provisions
3Repeal of this Act
4Purpose
5Interpretation
6Transitional, savings, and related provisions
7Act binds the Crown
Part 2
Provisions to limit the risk of outbreak or spread of COVID-19
Subpart 1—COVID-19 orders
8Prerequisites for all COVID-19 orders
9Requirements for making COVID-19 orders under section 11
10Director-General may make COVID-19 orders
11Orders that can be made under this Act
11ACompensation or payment relating to requisitions
11AARequirements for making COVID-19 orders under section 11AB
11ABOrders that can be made under this Act relating to specified work
12General provisions relating to COVID-19 orders
13Effect of COVID-19 orders
Subpart 2—Further provisions relating to COVID-19 orders
Form of orders, etc
14Form, publication, and duration of COVID-19 orders
15Amendment or extension of COVID-19 orders
Parliamentary approval
16COVID-19 order made by Minister revoked if not approved by House of Representatives
Application of Legislation Act 2012
[Repealed]
17COVID-19 orders to be disallowable instruments [Repealed]
Subpart 2A—Duties in relation to specified work
17AApplication of this subpart
Duties of PCBUs
17BDuty to keep vaccination records
17CDuty to prevent affected worker from carrying out specified work unless vaccinated
Duties of affected workers
17DDuty not to carry out specified work unless vaccinated, exempt, or authorised
17EDuty to provide information of vaccination status
17FDuty to update information
Subpart 3—Enforcement, offences, and penalties
Authorised enforcement persons
18Authorised enforcement persons
19Evidence of identity
Enforcement
20Powers of entry
21Power to give directions
22Power to close roads and public places and stop vehicles
23Power to direct person to provide identifying information
23APower to direct person to produce evidence of compliance with specified measure
24Power to direct business or undertaking to close
25Directions may be given verbally or in writing
Offences
26Offences and infringement offences
27Offences relating to exercise of enforcement powers
Provisions relating to infringement offences
28Proceedings for infringement offences
29Who may issue infringement notices
30Infringement notices
31Reminder notices
32Payment of infringement fees
Subpart 3A—Cost recovery
32APurpose of subpart
32BMIQF costs subject to recovery
32CCriteria for cost recovery
32DMethods of cost recovery
32EPersons in respect of whom prescribed charges payable
32FExemptions, waivers, and refunds
32GPayment of charge
32HExpress authorisation for purpose of section 65K of Public Finance Act 1989
32IPrescribed charges to constitute debt due to Crown
Subpart 3B—Management of MIQFs and other places of isolation or quarantine
Management of allocations
32JInterpretation
32KChief executive responsible for operation of managed isolation allocation system
32LApportionment between allocations
32MOnline allocations
32NOffline allocations for individuals and groups
32OAmendment and cancellation of allocations
Provisions relating to MIQFs or other places of isolation or quarantine
32PRestrictions on movement within MIQFs or other places of isolation or quarantine
32QChief executive may make rules
32RPower to hold things
Complaints process
32SComplaints process relating to management of MIQFs
Information collection
32TPersons in respect of whom charges are payable to provide contact details
Subpart 4—Miscellaneous provisions
33Regulations
33ARegulations relating to cost recovery
33AARegulations may prescribe assessment tool
33ABPCBU may conduct work assessment
33BIncorporation of material by reference in COVID-19 orders
33CAvailability and proof of material incorporated by reference
34Protection of persons acting under authority of this Act
34AProtection of contact tracing information
34BProtection of evidence collected or obtained for purpose of determining whether person is vaccinated or has complied with Act or COVID-19 order
34CBreach of section 34A or 34B constitutes interference with privacy of individual under Privacy Act 2020
Part 3
Amendments to Civil Defence Emergency Management Act 2002
35Amendments to Civil Defence Emergency Management Act 2002
36Section 66 amended (Minister may declare state of national emergency)
37Section 68 amended (Declaration of state of local emergency)
38Section 94B amended (Notice of local transition period)
39Section 94E amended (Termination of transition periods)
Part 4
Amendment to Oranga Tamariki Act 1989
40Amendment to Oranga Tamariki Act 1989
41Section 272 amended (Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences)
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Orders under section 70 of Health Act 1956 relating to COVID-19
Schedule 3
Infringement notice and reminder notice
Notes

The Parliament of New Zealand enacts as follows: