A COVID-19 order may be made under this Act only—

The Minister may make a COVID-19 order under section 11 in accordance with the following provisions:

Nothing in this section requires the Minister to receive specific advice from the Director-General about the content of a proposed order or proposal to amend, extend, or revoke an order.

The Director-General may make a COVID-19 order in accordance with the following provisions:

The Minister or the Director-General may, in accordance with section 9 or 10 (as the case may be), make an order under this section for 1 or more of the following purposes:

[Not in force]

For the purposes of this section and section 12, things includes animals, goods, businesses, records, equipment, and supplies.

All goods prohibited from import under a COVID-19 order are deemed to be included among goods prohibited from import under section 96 of the Customs and Excise Act 2018, and the provisions of that Act apply to those goods accordingly.

A COVID-19 order made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If a COVID-19 order authorises the Director-General or chief executive to do anything specified in section 12(1)(d) by notice,—

This section applies if an order is made under section 11(1)(g).

The owner of a testing laboratory injuriously affected by the requisitioning of testing consumables is entitled to receive compensation from the Crown at the market rate for the consumables requisitioned.

The owner of a testing laboratory required to undertake COVID-19 testing solely for the purposes of the public health response to COVID-19 is entitled to be paid by the Crown for its services at the market rate for those services.

All questions and disputes relating to claims for compensation or payment under this section must be heard and determined by the District Court, whose decision is final.

The Minister may make a COVID-19 order under section 11AB in accordance with the following provisions:

For the purposes of subsection (1)(c)(ii), public interest includes (without limitation)—

The Minister may, in accordance with section 11AA, make an order for 1 or more of the following purposes:

An order made under this section may specify which breaches of the order are infringement offences for the purposes of section 26(3), and may specify that a breach of an order is a particular class of infringement offence (with the corresponding penalties) for the purposes of regulations made under section 33(1)(b).

To avoid doubt, nothing in this section limits the purposes for which an order may be made under section 11.

If a conflict arises between an order made under this section and an order made under section 11, the order made under section 11 prevails unless specified otherwise in the order made under this section.

A COVID-19 order made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A COVID-19 order may—

However, a COVID-19 order—

If a COVID-19 order or a notice referred to in subsection (1)(d) disapplies a provision or requirement of an order, subject to compliance with a stated condition, a person who breaches the condition must be treated as breaching that provision or requirement.

For the purposes of subsection (1)(c) and (d), it does not matter how the disapplication of a provision of a COVID-19 order is expressed (for example, it may be expressed as an exemption, an exclusion, or an authority to do something that is otherwise prohibited by the order).

A COVID-19 order may not be held invalid just because—

However, subsection (1)(a) does not limit or affect the application of the New Zealand Bill of Rights Act 1990.

To avoid doubt, nothing in this Act prevents the filing, hearing, or determination of any legal proceedings in respect of the making or terms of any COVID-19 order.

A COVID-19 order must—

A COVID-19 order must, at least 48 hours before it comes into force, be published under Part 3 of the Legislation Act 2019.

However, the Minister or Director-General (as the case may be) need not comply with the 48-hour time limit in subsection (2) if satisfied that—

In the case of subsection (3), the COVID-19 order comes into force even if it is not yet published.

A COVID-19 order made by the Director-General expires 1 month after the date on which it comes into force, unless it is sooner revoked or extended.

The Minister and the Director-General must keep their COVID-19 orders under review.

The Minister may, at any time, amend, extend, or revoke any COVID-19 order made by the Minister.

The Director-General may, at any time, amend, extend by up to 1 month on each occasion, or revoke any COVID-19 order made by the Director-General.

The Minister may, at any time, revoke any COVID-19 order made by the Director-General.

Requirements that apply in relation to the making of a COVID-19 order also apply, with all necessary modifications, in relation to its amendment or extension.

An amendment, extension, or revocation of an order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If the amended or extended order authorises any person or class of persons to grant an exemption or authorise a specified activity under section 12(1)(d),—

A COVID-19 order made by the Minister is revoked (unless it is earlier revoked) on the expiry of the relevant period if no resolution of the House of Representatives is passed to approve the order within that period.

The relevant period is the longer of the following:

An order that is revoked under subsection (1) immediately ceases to be of any effect unless a resolution of the House provides otherwise.

Revocation under subsection (1) does not affect the validity of any action taken to give effect to or enforce the order.

A resolution under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Clerk of the House of Representatives must lodge a copy of the resolution with the Parliamentary Counsel Office for the purpose of publication under the Legislation Act 2019.

However, subsections (1) to (4) apply even if the copy is not yet published.

The duties set out in this subpart apply only if a COVID-19 order is made under section 11AB(1)(a).

Nothing in this subpart applies to a person to whom the same, or substantially the same, duty is imposed in relation to COVID-19 vaccinations by an order made under section 11.

A PCBU must, for each affected worker who carries out specified work for the PCBU, keep a record of the affected worker’s vaccination status.

The record must contain the information and be kept in the manner prescribed by a COVID-19 order made under section 11AB.

If an affected worker provides the PCBU with updated information under section 17F, the PCBU must update the vaccination record as soon as practicable after being provided with the information.

A failure to comply with this section is an infringement offence.

A PCBU must not allow an affected worker (other than an exempt person or an authorised person) to carry out specified work unless satisfied that the affected worker is vaccinated.

A PCBU—

A failure to comply with this section is an infringement offence.

An affected worker must not carry out specified work unless they are—

A failure to comply with subsection (1) is an infringement offence.

For the purposes of ensuring compliance with the duties set out in sections 17B and 17C, a PCBU may request an affected worker to provide information (whether in written or electronic form on a device) that verifies the affected worker’s vaccination status (for example, a COVID-19 vaccination certificate, a COVID-19 vaccination exemption, or a COVID-19 vaccination authorisation).

If a document that is provided under subsection (1) is handed over to a PCBU, the PCBU must immediately return it to the affected worker after—

If the affected worker fails to comply with the requirement in subsection (1), the PCBU may treat the affected worker as being unvaccinated or not otherwise permitted to perform their work.

If an affected worker has provided information to a PCBU under this subpart, the affected worker must ensure that the information is updated as soon as practicable after it changes.

The Director-General may authorise a suitably qualified and trained person who is employed or engaged by the Crown or a Crown entity (if specified in Part 1 of Schedule 1 of the Crown Entities Act 2004), or a class of suitably qualified and trained persons who are employed or engaged by the Crown or a Crown entity (if specified in Part 1 of Schedule 1 of the Crown Entities Act 2004), to carry out any functions and powers of an enforcement officer under this Act.

An authorisation under subsection (1) must—

The Director-General may renew any authorisation given under subsection (1).

The Director-General may revoke an authorisation given under this section—

If a person ceases to be an authorised enforcement person, they must surrender to the Director-General all articles and documents received by the person in relation to the authorisation.

Every enforcement officer (other than a constable in Police uniform) exercising any of the powers conferred by or under this Act must, at the time of exercising that power, and subsequently on request, produce—

An enforcement officer may enter, without a warrant, any land, building, craft, vehicle, place, or thing if they have reasonable grounds to believe that a person is failing to comply with any aspect of a COVID-19 order.

However, subsection (1) does not apply to a private dwellinghouse.

A constable may enter a private dwellinghouse without warrant only if they have reasonable grounds to believe that people have gathered there in contravention of a COVID-19 order and entry is necessary for the purpose of giving a direction under section 21.

A constable exercising a power of entry under this section may use reasonable force in order to effect entry into or onto the land, building, craft, vehicle, place, or thing if, following a request, a person present refuses entry or does not allow entry within a reasonable time.

Any constable who exercises a warrantless entry power under this section must provide a written report on the exercise of that power to the Commissioner or a Police employee designated to receive reports of that kind by the Commissioner, as soon as practicable after exercising the power.

Any enforcement officer (other than a constable) who exercises a warrantless entry power under this section must provide a written report on the exercise of that power to the Director-General, or an employee designated to receive reports of that kind by the Director-General, as soon as practicable after exercising the power.

A report referred to in subsection (5) or (6) must contain—

If a marae is entered under subsection (1), the person exercising the power must also send a copy of the report referred to in subsection (5) or (6) (as the case may be) to the committee of the relevant marae.

An enforcement officer who has reasonable grounds to believe that a person is contravening or likely to contravene a COVID-19 order or a rule made under section 32Q may—

Subsection (2) applies if a COVID-19 order provides for the total or partial prohibition or restriction of public access, with or without vehicles, to any road or public place within an area specified in the order for the purpose of this section.

For the purpose of enforcing those measures contained in the order, a constable or an enforcement officer acting under the supervision of the constable may totally or partially prohibit or restrict public access, with or without vehicles, to any road or public place in that area.

For the purpose of a COVID-19 order that provides for restriction of movement, a constable may stop a vehicle.

For the purpose of enforcing or monitoring compliance with a COVID-19 order that restricts movement by persons with or without vehicles, a constable may stop persons and vehicles at any road block or checkpoint established for that purpose.

Sections 128 and 129 of the Search and Surveillance Act 2012 (duty to remain stopped and to provide information), with any necessary modifications, apply to the powers conferred by subsection (3) and apply in addition to the requirement to provide evidence of identity in section 19.

An enforcement officer may also stop persons and vehicles for the purpose stated in subsection (3A) if acting under the supervision of a constable.

For the purpose of subsection (5) only, enforcement officer means a person authorised in accordance with section 18 who is—

Section 18 applies with any necessary modifications for the purpose of subsection (6).

For the purpose of exercising powers under this subpart, an enforcement officer may direct a person to give the person’s full name, full address, date of birth, occupation, and telephone number, or any of those particulars that the enforcement officer may specify.

This section applies if subpart 2A of this Part or a COVID-19 order permits a person to do anything or go anywhere (for example, enter any areas, places, or premises) only if 1 or more specified measures are complied with.

For the purpose of enforcing any specified measure under subpart 2A of this Part or contained in the order, an enforcement officer may direct a person to produce evidence (whether in written form or in electronic form on a device) that verifies compliance with the specified measure (for example, produce a COVID-19 vaccination certificate or a test result).

If a document that is produced as evidence of compliance with a specified measure is handed over to an enforcement officer, the enforcement officer must immediately return it to the person who produced it after—

An enforcement officer who has reasonable grounds to believe that a business or undertaking, or part of a business or undertaking, is operating in contravention of a COVID-19 order or contrary to any conditions imposed on its operation by a COVID-19 order may direct any person who appears to be in charge of the business or undertaking, or that part, to close and cease operation until a later time stated in the direction that does not exceed 24 hours after it is given.

As soon as a direction is given, the owner or manager or person to whom it is given may appeal to the District Court for the revocation of the direction.

The Court—

The filing of an appeal does not suspend, interfere with, or affect the application of the direction concerned.

A direction under this subpart may be given verbally or in writing.

A person commits an offence if the person intentionally fails to comply with a COVID-19 order.

A person who commits an offence against subsection (1) is liable on conviction to,—

A person commits an infringement offence if the person—

[Not in force]

A person commits an offence if the person obstructs or intentionally threatens, assaults, or hinders an enforcement officer in the exercise or performance of powers or functions under sections 20 to 24.

A person commits an offence if the person intentionally fails to comply with a direction, prohibition, or restriction given or imposed under any of sections 21 to 24.

A person commits an offence if the person—

A person who commits an offence against any of subsections (1) to (3) is liable on conviction to,—

A person who is alleged to have committed an infringement offence may—

Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.

See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

An enforcement officer may issue infringement notices under this Act.

An enforcement officer may issue an infringement notice to a person if the officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence.

The enforcement officer may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.

An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.

An infringement notice must be in the form prescribed by regulations made under section 33 or (in the absence of a form prescribed by regulations) in form 1 set out in Schedule 3.

A reminder notice must be in the form prescribed by regulations made under section 33 or (in the absence of a form prescribed by regulations) in form 2 set out in Schedule 3.

All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.

The purpose of this subpart is to enable the New Zealand Government to recover MIQF costs.

The Minister may recommend the making of regulations under section 33A prescribing charges only if satisfied that the charges concerned relate to MIQF costs (including direct and indirect costs).

The Minister may recommend that regulations be made under section 33A only if the Minister is satisfied of the following matters:

The methods by which MIQF costs may be recovered are as follows:

Without limiting the way in which a charge may be set, a charge may be set at a level or in a way that—

A prescribed charge is payable by or on behalf of a person, in accordance with regulations made under section 33A, if—

An exempt person is a person who—

Regulations made under section 33A may provide for exemptions from, or waivers or refunds of, the whole or part of any prescribed charge in any class or classes of cases.

Regulations made under section 33A may authorise the Minister or the chief executive to exempt, waive, or refund the whole or part of any prescribed charge, or defer the time for payment, in any particular case or any class or classes of cases (and may or may not prescribe criteria to be applied by the Minister or the chief executive in doing so).

A prescribed charge is payable by a person—

Regulations made under section 33A may authorise the chief executive to specify in relation to 1 or more classes of persons, or all persons, the manner and time of payment of any prescribed charge.

All prescribed charges received by or on behalf of the New Zealand Government must be paid into a Crown Bank Account.

To the extent that this subpart and any regulations made under section 33A enable the Minister or the chief executive on behalf of the Crown to lend money (as that term is defined in section 2(1) of the Public Finance Act 1989) to a person or organisation, this subpart is an express authorisation for the purpose of section 65K of that Act.

A prescribed charge or part of a charge that is not paid by the due date is recoverable in a court of competent jurisdiction as a debt to the Crown.

In this subpart, unless the context otherwise requires,—

The chief executive is responsible for the operation of the managed isolation allocation system.

The chief executive must ensure that the managed isolation allocation system does not at any time permit the issue of more confirmed allocations than the number of available allocations.

The Minister must determine the apportionment between the issue of online allocations and offline allocations.

Online allocations to MIQFs may be issued on a basis that the Minister decides.

In making a decision under subsection (1), the Minister must take into account—

The basis on which online allocations to MIQFs are issued may—

Offline allocations to MIQFs may be issued to persons who meet the eligibility criteria determined by the Minister.

An offline allocation may be—

In determining the eligibility criteria under subsection (1), the Minister must take into account—

The chief executive must determine individual offline allocations on the basis of the eligibility criteria determined under subsection (1) for those allocations.

The Minister must determine group offline allocations on the basis of the eligibility criteria determined under subsection (1) for those allocations.

The chief executive must publish on the responsible agency’s Internet site—

The chief executive may at any time—

A person required under a COVID-19 order to reside for any period in an MIQF or other place of isolation or quarantine must remain in their room, except—

However, a person leaving their MIQF or other place of isolation or quarantine under this section must comply with any directions of, or conditions imposed by, the chief executive.

The chief executive may choose not to exercise their power under subsection (1)(a) on any of the following grounds:

In deciding whether to choose not to exercise their power under subsection (1)(a), the chief executive—

A person who intentionally fails to comply with subsection (1) or (2) commits an offence and is liable on conviction to—

A failure to comply with subsection (1) or (2) is an infringement offence.

The chief executive may make rules for the purpose of ensuring the effective and orderly operation of MIQFs, including (without limitation) rules—

The chief executive must be satisfied that the rules do not limit or are a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990.

Rules made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The chief executive may hold anything that a person in isolation or quarantine in an MIQF possesses in the MIQF, or attempts to bring into the MIQF, in breach of rules made under section 32Q (for example, alcohol in excess of limits specified in the rules).

The chief executive may hold anything being delivered to a person staying in isolation or quarantine in an MIQF if the chief executive has reasonable grounds to believe the thing being delivered is not permitted under the rules.

Anything held by the chief executive under this section may be held only for the duration of the person’s stay in isolation or quarantine in the MIQF.

The chief executive must establish a complaints process that provides for the responsible agency to receive and investigate complaints from affected individuals about—

The chief executive must ensure that, as far as practicable, the process enables complaints to be dealt with fairly, efficiently, and effectively.

The chief executive must ensure that the complaints process is publicly available, by publishing details of the complaints process on the responsible agency’s Internet site or in some other manner accessible to the public free of charge.

A person in respect of whom charges are payable under section 32E must provide the responsible agency with the following contact information about the person liable to pay the prescribed charges for MIQF costs for the purpose of invoicing those charges:

If the contact information required by subsection (1) changes before the prescribed charges are paid, the person responsible must provide those updated details as soon as practicable to the responsible agency.

A failure to comply with subsection (1) or (2) is an infringement offence.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—

Before recommending that regulations be made under subsection (1)(a) or (b), the Minister must consider, if relevant,—

Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Governor-General may, by Order in Council made on the recommendation of the Minister,—

The charges may be prescribed using any 1 or more of the methods specified in section 32D, or any combination of those methods.

Different charges, or different rates or types of charges, may be prescribed in respect of—

Any regulations made under this section may not be held invalid just because they confer a discretion on, or allow any matter to be determined by, any person whether or not there are prescribed criteria.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If the regulations authorise the relevant Minister or the chief executive of MBIE to provide an exemption, waiver, refund, or deferral under subsection (1)(c),—

If the regulations authorise the chief executive of MBIE to specify the manner and time of payment of a prescribed charge under subsection (1)(d),—

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing an assessment tool that a PCBU may use to ascertain whether it is reasonable to require workers of the PCBU not to carry out work for the PCBU unless either or both of the following apply:

The assessment tool may provide—

Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

To assist a PCBU in meeting their primary duty of care under section 36 of the Health and Safety at Work Act 2015, the PCBU may, in accordance with the assessment tool, conduct an assessment of the work carried out by workers of the PCBU to ascertain whether it is reasonable to require those workers not to carry out that work unless either or both of the following apply:

In conducting the assessment, the PCBU may, in the PCBU’s absolute discretion, decide whether to conduct the assessment in accordance with the assessment tool.

If the assessment is conducted in accordance with the assessment tool, the PCBU must, so far as is reasonably practicable, consult the PCBU’s workers and, if those workers are represented by a representative, the engagement must involve that representative.

However, a PCBU—

In this section, assessment tool means the assessment tool prescribed by regulations made under section 33AA.

The following standards, requirements, recommended practices, or material that is relevant to the purpose of this Act may be incorporated by reference into any COVID-19 order or other secondary legislation (an instrument) made or given under this Act:

Material may be incorporated in an instrument in whole or in part, and either unmodified or with any additions, omissions, or variations that are specified in the instrument.

Material that is incorporated by reference in an instrument is to be treated for all purposes as forming part of that instrument.

Every reference in an instrument to the current edition of any standard work of reference is, unless the instrument otherwise specifies, to be construed at any particular time as the latest edition of that work available at that time, together with any amendments, additions, and deletions made to or from it up to that time.

If any amendment to material incorporated by reference under this section (other than to any standard work of reference) is made, that amendment does not take effect until the date specified for that purpose by the Director-General by notification in the Gazette.

An instrument that incorporates material by reference under this section must state where the material can be accessed in accordance with section 33C(3).

A standard work of reference is a work of reference that the Director-General considers is recognised either domestically by the Ministry of Health or internationally, as one to refer to on its subject matter.

If material (other than a standard work of reference) is incorporated by reference in an instrument under section 33B, a copy of the material and any amendment to the material must be—

The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the instrument of that material.

The Director-General must—

The Director-General may comply with subsection (3)(b) by providing a hypertext link from an Internet site maintained by or on behalf of the Ministry of Health to a copy of the material that is available, free of charge, on an Internet site maintained by or on behalf of someone else.

The Director-General is not required to comply with subsection (3)(b) or (c) if doing so would infringe copyright in the material or be inconsistent with any other enactment or rule of law.

Section 129 of the Health Act 1956 (which relates to the protection of persons acting under authority of that Act) applies as if that Act included a reference to this Act.

However, this section does not limit any other protections from liability that apply under any other enactment.

Despite anything in the Privacy Act 2020, personal information about an identifiable individual that is collected or obtained for the purpose of contact tracing under this Act (such as through QR scans or paper forms) may not be held, stored, used, or disclosed by anyone except for the purpose of—

Nothing in this section limits the right of an individual to access or disclose information about them under the Privacy Act 2020 or any other Act.

A person who intentionally fails to comply with subsection (1) commits an offence.

A person who commits an offence against subsection (3) is liable on conviction to,—

Despite anything in the Privacy Act 2020, personal information about an identifiable individual that is collected or obtained by any person for the purpose of determining whether the individual is vaccinated, has been issued with a COVID-19 vaccination certificate, or has complied with this Act or a COVID-19 order may not be held, stored, used, or disclosed by the person except for the purposes of—

Nothing in this section limits the right of an individual to access information about them under the Privacy Act 2020 or any other Act.

A person who intentionally fails, without reasonable excuse, to comply with subsection (1) commits an offence.

A person who commits an offence against subsection (1) is liable on conviction to,—

A breach of section 34A or 34B constitutes an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.