COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

Reprint as at 20 December 2020

Coat of Arms of New Zealand

COVID-19 Public Health Response (Isolation and Quarantine) Order 2020

(LI 2020/241)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Health.

This order is made by the Minister of Health under sections 11 and 15(1) of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.

Order

1 Title

This order is the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020.

2 Commencement

This order comes into force at 11.59 pm on 6 September 2020.

3 Purpose

The purpose of this order is to prevent, and limit the risk of, the outbreak or spread of COVID-19 by—

(a)

setting out the requirements for people who must be isolated or quarantined in accordance with this order (for example, on arrival in New Zealand), including risk-based provision for when isolation or quarantine ends; and

(b)

restricting entry to any managed isolation or quarantine facility (MIQF) to persons who are approved, authorised, or required to enter.

4 Interpretation

(1)

In this order, unless the context otherwise requires,—

aircrew member means any person who—

(a)

is identified as a crew member on the crew manifest for the aircraft on which they arrive in New Zealand; or

(b)

is not identified as a crew member on that manifest but is on the aircraft at the direction of an airline for which they work as a pilot, co-pilot, or flight attendant

airside, of an airport, means any part of the airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers

fellow resident, of any person (person A),—

(a)

means another person who is isolated or quarantined in the same room as person A at their place of isolation or quarantine; and

(b)

includes another person who is isolated or quarantined at the same MIQF as person A and who—

(i)

is designated by the site manager of the MIQF as a fellow resident of person A under clause 14A; or

(ii)

is a caregiver of person A and, because of clause 15(2)(a), is treated as being a fellow resident of person A

health practitioner has the meaning given by section 5(1) of the Health Practitioners Competence Assurance Act 2003

health protection officer has the meaning given by section 2(1) of the Health Act 1956

high-risk MIQF means an MIQF designated by the chief executive of MBIE, after consulting and considering the advice of the Director-General, for the purposes of isolating or quarantining people in a way appropriate for people with a high risk of transmitting COVID-19

low-risk indicators, for a person, means that—

(a)

the person—

(i)

has undergone the medical examination and testing required to assess whether they have COVID-19, with a negative result; or

(ii)

has been determined by a medical officer of health or health protection officer to have particular physical or other needs that make it inappropriate for them to undergo that medical examination and testing; and

(b)

other medical tests or information relating to the person (if any) indicate that the person is at low risk of having or transmitting COVID-19

low-risk MIQF means an MIQF designated by the chief executive of MBIE, after consulting and considering the advice of the Director-General, for the purposes of isolating or quarantining people in a way appropriate for people with a low risk of transmitting COVID-19

medical examination and testing means examination or testing that involves only 1 or more of the following:

(a)

taking temperatures:

(b)

seeking and obtaining information about symptoms:

(c)

carrying out chest auscultation:

(d)

taking nose swabs or mouth swabs (or both)

MIQF means a managed isolation or quarantine facility as defined by section 5(1) of the COVID-19 Public Health Response Act 2020

period of isolation or quarantine, for a person, has the meaning given by clause 10 and, if applicable, clauses 11 and 15(2)(c)

period of self-isolation has the meaning given by clause 15E

physical distancing, from other persons, means remaining at least 2 metres away from them

place of isolation or quarantine, for a person, has the meaning given by clause 12

relevant person has the meaning given by clause 7

relevant worker has the meaning given by clause 15B(1)

site manager, for an MIQF, means a person appointed as a site manager or deputy site manager under clause 16.

(2)

In this order, a reference to a person’s arrival in New Zealand is a reference to the person’s most recent arrival in New Zealand from—

(a)

a country outside New Zealand; or

(b)

the Ross Dependency or any other place outside New Zealand.

Clause 4(1) aircrew member: replaced, at 11.59 pm on 20 December 2020, by clause 9(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) airside: inserted, at 11.59 pm on 20 December 2020, by clause 9(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 4(1) fellow resident: replaced, at 11.59 pm on 4 October 2020, by clause 12(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) period of self-isolation: inserted, at 11.59 pm on 4 October 2020, by clause 12(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(1) relevant worker: inserted, at 11.59 pm on 4 October 2020, by clause 12(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 4(2): replaced, at 11.59 pm on 20 December 2020, by clause 9(3) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

6 Application of order

This order applies to the whole of New Zealand.

Part 1 Requirements for isolation and quarantine generally

Part 1 heading: amended, at 11.59 pm on 4 October 2020, by clause 13 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

7 Part applies to relevant persons

(1)

This Part applies to a person who is required by or under a COVID-19 order or another enactment to be isolated or quarantined in accordance with this order (a relevant person).

(2)

However, this Part applies to a relevant worker only to the extent provided in clauses 15DA and 15DB.

Clause 7(2): replaced, at 11.59 pm on 20 December 2020, by clause 10 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

8 Requirements for isolation or quarantine

(1)

A relevant person must be isolated or quarantined as required by this clause throughout their period of isolation or quarantine.

(2)

They must remain in their room at their place of isolation or quarantine, except as permitted by clause 13 or 14.

(3)

They must maintain physical distancing (to the greatest extent practicable) from every person in or outside their place of isolation or quarantine,—

(a)

including others isolated or quarantined at the same place; but

(b)

not including their fellow residents (if any).

(4)

They must wear personal protective equipment as directed by a medical officer of health or a health protection officer.

9 Medical examination and testing requirements in isolation or quarantine

A relevant person must report for, and undergo, medical examination and testing for COVID-19 at any time throughout their period of isolation or quarantine, as directed by a medical officer of health or a health protection officer.

10 Period of isolation or quarantine

(1)

A person’s period of isolation or quarantine is—

(a)

the period ending at the same time of day as, but on the 14th day after, their start time if the chief executive of MBIE is satisfied that the person meets the low-risk indicators, as determined—

(i)

as close as is reasonably practicable to the end of that period; and

(ii)

based on the advice of a suitably qualified health practitioner; or

(b)

any longer period needed to satisfy the chief executive of MBIE, based on the advice of a suitably qualified health practitioner, that the person meets the low-risk indicators, but no longer than the period ending at the same time of day as, but on the 28th day after, their start time.

Start time

(2)

A person’s start time is—

(a)

the time and date of the person’s arrival in New Zealand (for example, 3.30 pm on 15 September 2020), unless paragraph (b) applies; or

(b)

the start time that applies to the person under the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.

(3)

However, if another person is designated as their fellow resident, and the fellow resident’s start time under subclause (2) is a later start time, the person’s start time becomes that later start time.

(3A)

See clause 15(2)(c) in relation to the start time of caregivers.

Exceptions

(4)

This clause is subject to clause 11, which provides for an early end to the period of isolation or quarantine for certain people.

Clause 10(2)(a): amended, at 11.59 pm on 4 October 2020, by clause 15(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 10(3): replaced, at 11.59 pm on 4 October 2020, by clause 15(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 10(3A): inserted, at 11.59 pm on 4 October 2020, by clause 15(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

11 Early end to period of isolation or quarantine for certain people

(1)

This clause provides for certain people’s period of isolation or quarantine to end earlier than provided in clause 10(1).

Exception for practical departure time

(2)

If a person is isolated or quarantined at an MIQF, the site manager may end their period of isolation or quarantine no more than 3 hours before it would otherwise end under clause 10(1) if satisfied that—

(a)

it is a practical time for the person to leave the MIQF; and

(b)

the person meets the low-risk indicators, based on the advice of a suitably qualified health practitioner.

Exception for people on short-term stay

(3)

Subclause (4) applies to a person who is scheduled to depart from New Zealand during the period under clause 10(1) (a scheduled departer), other than—

(a)

an aircrew member; or

(b)

a person who assisted, or is to assist, as a medical attendant as described by subclause (4A)(b).

(4)

Their period of isolation or quarantine ends 12 hours before their scheduled departure as long as—

(a)

they—

(i)

have been in New Zealand for less than 72 hours; or

(ii)

have been in New Zealand for 72 hours or more and the chief executive of MBIE is satisfied, based on the advice of a suitably qualified health practitioner, that they meet the low-risk indicators; and

(b)

they leave their place of isolation or quarantine only to travel to the place of departure and depart accordingly.

Exception for overseas-based aircrew and medical attendants

(4A)

Subclause (4B) applies to a scheduled departer who is not ordinarily resident in New Zealand and who—

(a)

is an aircrew member; or

(b)

arrived in New Zealand by air—

(i)

while assisting, as a medical attendant, with a medical air transfer to New Zealand; or

(ii)

to assist, as a medical attendant, with a medical air transfer from New Zealand.

(4B)

Their period of isolation or quarantine ends 12 hours before their scheduled departure from New Zealand, as long as they leave their place of isolation or quarantine only to travel to the place of departure and depart accordingly.

(4C)

A scheduled departer whose period of isolation or quarantine ends under subclause (4) or (4B) must comply with any directions of the chief executive of MBIE (given on the advice of a medical officer of health or a health protection officer) relating to the travel of the scheduled departer to the place of departure.

Exception for certain maritime crew

(5)

See also the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020, which provides for an early end to the period of isolation or quarantine for certain people.

Clause 11(3): replaced, at 11.59 pm on 4 October 2020, by clause 16(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 11(3) heading: amended, at 11.59 pm on 20 December 2020, by clause 11(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 11(3): amended, at 11.59 pm on 20 December 2020, by clause 11(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 11(4A) heading: inserted, at 11.59 pm on 4 October 2020, by clause 16(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 11(4A): inserted, at 11.59 pm on 4 October 2020, by clause 16(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 11(4B): replaced, at 11.59 pm on 20 December 2020, by clause 11(3) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Clause 11(4C): inserted, at 11.59 pm on 4 October 2020, by clause 16(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

12 Place of isolation or quarantine

(1)

A person’s place of isolation or quarantine means the high-risk MIQF or low-risk MIQF that is allocated to the person—

(a)

by the chief executive of MBIE; and

(b)

after a suitably qualified health practitioner determines, in accordance with any guidelines provided by the Director-General, whether the person should be allocated a high-risk MIQF or low-risk MIQF.

(2)

However, a medical officer of health may instead determine for any reason (for example, for medical evacuation) that a person’s place of isolation or quarantine is any other facility or place.

(2A)

In determining that a person’s place of isolation or quarantine is any other facility or place under subclause (2), the medical officer of health must consider—

(a)

relevant individual and operational implications; and

(b)

whether the other facility or place is able to meet the person’s particular physical or other needs.

(3)

A medical officer of health need not consider making a determination under subclause (2) for a person if the chief executive of MBIE—

(a)

consults, and considers the advice of, a suitably qualified health practitioner or of a person who is registered or licensed as an equivalent health professional overseas; and

(b)

determines that the person does not have particular physical or other needs that require another type of facility or place.

Clause 12(2A): inserted, at 11.59 pm on 20 December 2020, by clause 12 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

13 Leaving place of isolation or quarantine

(1)

A person is permitted to leave their room at their place of isolation or quarantine—

(a)

to do any activity (for example, exercise) of a type, and in accordance with any conditions, authorised by the chief executive of MBIE; or

(aa)

to visit the room of a fellow resident; or

(b)

if they need to leave to preserve or protect their own or another person’s life, health, or safety in an emergency; or

(c)

to attend any court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution; or

(d)

if the chief executive of MBIE is satisfied, based on the advice of a suitably qualified health practitioner, that the person needs to leave—

(i)

to access medical services; or

(ii)

to move to another place of isolation or quarantine (for example, for temporary or emergency care while the person is sick); or

(e)

if they are required to leave under Part 4 of the Health Act 1956; or

(f)

if they are required to move to another place of isolation or quarantine by—

(i)

a court order; or

(ii)

any other obligation imposed by or under an enactment that is related to the detention of the person (for example, a direction of the New Zealand Parole Board or a probation officer).

(2)

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

Clause 13(1)(a): amended, at 11.59 pm on 4 October 2020, by clause 17(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 13(1)(aa): inserted, at 11.59 pm on 4 October 2020, by clause 17(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 13(2): inserted, at 11.59 pm on 20 December 2020, by clause 13 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

14 Leaving place of isolation or quarantine with special authorisation

(1)

A person is also permitted to leave their room at their place of isolation or quarantine—

(a)

to assist or accompany a fellow resident to travel somewhere under any provision in clause 13(b) to (f); or

(b)

for any exceptional reason.

(2)

However, the person may leave only—

(a)

if authorised by the chief executive of MBIE; and

(b)

in accordance with the conditions (if any) imposed by the chief executive of MBIE.

(3)

The chief executive of MBIE must not authorise a person to leave under this clause unless—

(a)

the risk assessment tool indicates that the person’s leaving would not create a high risk of the outbreak or spread of COVID-19; and

(b)

if paragraph (a) is satisfied, the chief executive—

(i)

consults a medical officer of health, and takes into account their advice, about—

(A)

the effect that the person’s leaving might have on the risk of the outbreak or spread of COVID-19; and

(B)

any conditions required to minimise that risk; and

(ii)

is satisfied, based on the advice of a suitably qualified health practitioner, that the person meets the low-risk indicators; and

(iii)

is satisfied that the person will comply with any conditions of the authorisation.

(4)

In this clause, risk assessment tool means a risk matrix that—

(a)

is approved by the Director-General, including as updated at any time; and

(b)

assesses the risk of the outbreak or spread of COVID-19 by taking into account matters such as the following:

(i)

the risk caused by any activity for which the person seeks to leave their place of isolation or quarantine:

(ii)

the results of any medical examination and testing of the person or any other relevant person:

(iii)

the length of time for which the person has been isolated or quarantined:

(iv)

the risk profile of the country or countries from which the person arrived:

(v)

any international airports or ports to which the person has been on the way to New Zealand:

(vi)

any potential exposure of the person to COVID-19 before arriving in New Zealand (for example, from working in healthcare or being somewhere without controls on community transmission):

(vii)

the length of time for which the person will leave their place of isolation or quarantine.

14A Designation of relevant persons as fellow residents

(1)

The site manager of an MIQF may designate a relevant person as the fellow resident of another relevant person if—

(a)

they were fellow travellers when they arrived in New Zealand; or

(b)

the site manager is satisfied that the designation would be appropriate for the purposes of keeping connections with family or whānau or enabling caregiving or support.

(2)

In this clause, fellow traveller, of any person arriving in New Zealand, means,—

(a)

if the person is an aircrew member, an aircrew member arriving in New Zealand on the same aircraft; or

(b)

in any other case, anyone who accompanied the person on the journey to New Zealand.

Clause 14A: inserted, at 11.59 pm on 4 October 2020, by clause 18 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15 Caregivers of children and other vulnerable people

(1)

A caregiver of a vulnerable person may join them at their place of isolation or quarantine, to care for them, if authorised by the chief executive of MBIE.

(2)

A caregiver who joins a vulnerable person in accordance with the authorisation—

(a)

is to be treated as being a relevant person, and a fellow resident of the vulnerable person, for the purposes of this Part; and

(b)
[Revoked]

(c)

has the following start time for the purposes of clause 10:

(i)

the same start time as the vulnerable person, but only if the chief executive of MBIE is satisfied, based on the advice of a suitably qualified health practitioner, that the caregiver meets the low-risk indicators when joining the vulnerable person; or

(ii)

the time and date of their joining the vulnerable person, otherwise.

(2A)

This clause does not apply to a caregiver if they are a relevant person independently of this clause.

(3)

In this clause, vulnerable person includes—

(a)

a child, meaning a person who is younger than 18 years of age; and

(b)

a person who is elderly or has a disability.

Clause 15 heading: amended, at 11.59 pm on 4 October 2020, by clause 19(1) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(1): amended, at 11.59 pm on 4 October 2020, by clause 19(2) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(2)(a): replaced, at 11.59 pm on 4 October 2020, by clause 19(3) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(2)(b): revoked, at 11.59 pm on 4 October 2020, by clause 19(3) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(2)(c): amended, at 11.59 pm on 4 October 2020, by clause 19(4) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15(2A): inserted, at 11.59 pm on 4 October 2020, by clause 19(5) of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15A Power for Minister to grant exemptions from this Part

(1)

The Minister may exempt any class of relevant persons from the requirement to comply with any provision of this Part or the application of any provision of this Part if the Minister is satisfied that—

(a)

the exemption (together with any conditions) is not inconsistent with the purpose of the Act; and

(b)

the exemption is necessary to facilitate a Government-approved event, or a major Government-approved programme, within the meaning of the relevant immigration instructions; and

(c)

the extent of the exemption is not broader than is reasonably necessary to facilitate that event or programme.

(2)

The Minister may impose conditions on the exemption as the Minister considers necessary.

(3)

The Minister must take into account the advice of the Director-General when deciding—

(a)

whether to grant an exemption; and

(b)

what (if any) conditions to impose on an exemption.

(4)

An exemption must—

(a)

be published on a publicly accessible Internet site maintained by or on behalf of the New Zealand Government; and

(b)

be notified in the Gazette.

(5)

In this clause, relevant immigration instructions means the immigration instructions (as in force from time to time) that—

(a)

are certified under section 22 of the Immigration Act 2009; and

(b)

relate to the grant of temporary entry class visas.

Clause 15A: inserted, at 11.59 pm on 20 September 2020, by clause 7 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Part 1A Requirements for self-isolation by relevant workers

Part 1A: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15B Part applies to relevant workers

(1)

This Part applies to a person (a relevant worker) who—

(a)

is required by the Air Border Order to be isolated or quarantined in accordance with this order; and

(b)

is ordinarily resident in New Zealand; and

(c)

is any of the following:

(i)

a relevant crew member:

(ii)

a relevant medical attendant:

(iii)

a Police escort.

(2)

However, this Part does not apply to the extent provided in clauses 15DA and 15DB.

(3)

In this Part,—

Police escort means a Police escort to whom clause 18 of the Air Border Order applies (duties in connection with extradition to or deportation from New Zealand)

relevant crew member means an aircrew member who—

(a)

travelled on a higher-risk route (within the meaning of the Air Border Order) within the 7 days immediately before their arrival by air in New Zealand; or

(b)

on arrival by air in New Zealand, was returning from a period of flight simulator training in Australia that is not available in New Zealand

relevant medical attendant means a person who, on arrival by air in New Zealand,—

(a)

was assisting, as a medical attendant, with a medical air transfer to New Zealand; or

(b)

was returning from assisting, as a medical attendant, with a medical air transfer from New Zealand.

Clause 15B: replaced, at 11.59 pm on 20 December 2020, by clause 14 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15C Requirement to notify Ministry of Health

(1)

Before departing from the security designated aerodrome at which they arrive in New Zealand, a relevant worker must notify the Ministry of Health, in the manner approved by the Director-General, of—

(a)

the address of the residence or other accommodation that they intend to be their place of self-isolation; and

(b)

an email address and telephone number at which they may be contacted.

(2)

In this clause, security designated aerodrome has the meaning given by section 2(1) of the Civil Aviation Act 1990.

Clause 15C: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15C(1): amended, at 11.59 pm on 20 December 2020, by clause 15 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15D Requirements for self-isolation

(1)

A relevant worker must comply with the requirements set out in this clause throughout their period of self-isolation.

(2)

They must remain at the accommodation notified to the Ministry of Health as their place of self-isolation, except as permitted by this Part.

(3)

They must maintain physical distancing (to the greatest extent practicable) from every person in or outside their place of self-isolation.

(4)

They must not permit any other person to enter their accommodation unless—

(a)

the place is a residence at which the other person lives; or

(b)

the entry is for the purposes of preserving or protecting the relevant worker’s or another person’s life, health, or safety in an emergency.

(5)

They must wear personal protective equipment at all times (to the greatest extent practicable) when outside their place of self-isolation.

Clause 15D: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15DA Part 1 applies if relevant worker had high risk of exposure to COVID-19

(1)

A relevant worker who is determined to have had a high risk of exposure to COVID-19 during their most recent absence from New Zealand is, on their arrival in New Zealand by air, subject to Part 1 (isolation and quarantine) rather than this Part.

(2)

A relevant worker is determined to have had a high risk of exposure to COVID-19 during their most recent absence from New Zealand if—

(a)

a medical officer of health has assessed that there is a high risk that, during that absence, the worker has been exposed to COVID-19; and

(b)

that assessment was made by the medical officer of health no earlier than 7 days before the relevant worker’s arrival by air in New Zealand.

Clause 15DA: inserted, at 11.59 pm on 20 December 2020, by clause 16 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15DB Other circumstances in which Part 1 applies
Relevant crew members

(1)

A relevant crew member is subject to Part 1 rather than this Part if they—

(a)

were outside New Zealand for a continuous period of at least 7 days immediately before arriving in New Zealand by air; or

(b)

have travelled domestically outside New Zealand within the 7 days immediately before that arrival (see clause 24 of the Air Border Order).

(2)

A relevant crew member travels domestically outside New Zealand if—

(a)

they travel by aircraft on a domestic route in a country outside New Zealand; and

(b)

there are other persons travelling on the aircraft who are not—

(i)

the pilot or a co-pilot of the aircraft; or

(ii)

a person who works as a pilot, co-pilot, or flight attendant for the same airline as the aircrew member.

Relevant workers

(3)

A relevant worker is subject to Part 1 (isolation and quarantine) rather than this Part if a suitably qualified health practitioner responsible for the medical examination and testing of the worker under clause 8(2) of the Air Border Order is not satisfied that the worker is at a low risk of having or transmitting COVID-19 (see clause 21 of the Air Border Order).

(4)

A relevant worker is subject to Part 1 rather than this Part if a medical officer of health determines (on the basis of information brought to that officer’s attention) that there are reasonable grounds to believe that, within the 7 days immediately before arriving in New Zealand by air and while outside New Zealand, the worker has failed to meet 1 or more of the relevant key safety standards (see clause 25 of the Air Border Order).

Clause 15DB: inserted, at 11.59 pm on 20 December 2020, by clause 16 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15DC Key safety standards

The key safety standards, for a relevant crew member, a relevant medical attendant, or a Police escort, are set out in the relevant part of Schedule 2.

Clause 15DC: inserted, at 11.59 pm on 20 December 2020, by clause 16 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15E Period of self-isolation

A relevant worker’s period of self-isolation is the period—

(a)

commencing as soon as practicable after they arrive in New Zealand; and

(b)

ending when they receive a negative result from the medical examination and testing they are required to undergo by this Part (but ending no later than 14 days after the time and date of their arrival in New Zealand).

Clause 15E: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15F Medical examination and testing

(1)

A relevant worker must report for, and undergo, medical examination and testing for COVID-19 after at least 48 hours have passed since the time and date of their arrival in New Zealand.

(2)

That medical examination and testing must involve taking nose swabs or mouth swabs (or both).

Clause 15F: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

15G Leaving place of self-isolation

A relevant worker is permitted to leave the accommodation notified to the Ministry of Health as their place of self-isolation—

(a)

to report for, and undergo, medical examination required by this Part; or

(ab)

to do any outdoor exercise (except at any shared exercise facility, such as a swimming pool); or

(b)

if they need to leave to preserve or protect their own or another person’s life, health, or safety in an emergency; or

(c)

to access medical services; or

(d)

to attend any court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution; or

(e)

if a medical officer of health is satisfied that they need to leave to move to another place for isolation or quarantine (for example, for temporary or emergency care while they are sick); or

(f)

if they are required to move to another place for isolation or quarantine by—

(i)

a court order; or

(ii)

any other obligation imposed by or under an enactment.

Clause 15G: inserted, at 11.59 pm on 4 October 2020, by clause 20 of the COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273).

Clause 15G(ab): inserted, at 11.59 pm on 20 December 2020, by clause 17 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Part 2 Security of managed isolation and quarantine facilities

16 Appointment of site managers

The chief executive of MBIE may appoint a person as the site manager or deputy site manager of an MIQF if—

(a)

the person is employed or engaged by the Crown; and

(b)

the chief executive considers that the person is suitably qualified to manage an MIQF.

17 Restriction on entry to MIQF

(1)

A person must not enter an MIQF unless—

(a)

the site manager has approved their entry (subject to any reasonable conditions); or

(b)

they are authorised or required by law to enter the MIQF.

(2)

However, a person who is not otherwise authorised or required by law to enter an MIQF may do so without approval if—

(a)

they need to enter to preserve or protect a person’s life, health, or safety in an emergency; and

(b)

it is not reasonably practicable to obtain approval.

18 Duty to remain at MIQF for risk assessment

(1)

A person who enters an MIQF in breach of clause 17 must remain at the MIQF for as long as is reasonably required by the site manager in order for—

(a)

a suitably qualified health practitioner to assess whether the person is at risk of having been exposed to COVID-19 as a result of their entry; and

(b)

if the health practitioner determines that the person is at risk of having been exposed, a medical officer of health—

(i)

to be advised; and

(ii)

to determine whether to exercise, in relation to the person, a power conferred on the officer by or under an enactment.

(2)

To avoid doubt, subclause (1) does not empower the site manager or the health practitioner to require the person to undergo a medical examination or testing of any kind.

Schedule 1 Transitional, savings, and related provisions

cl 5

Part 1 Provisions relating to this order as made

1 Meaning of references to former orders

In this Part,—

former border order means—

(a)

the COVID-19 Public Health Response (Air Border) Order 2020 (the former air border order); and

(b)

the COVID-19 Public Health Response (Maritime Border) Order 2020 (the former maritime border order)

Former border orders

2 People isolated or quarantined under former border orders

(1)

This clause applies to a person if, immediately before the commencement of this order, they were still required to be isolated or quarantined—

(a)

in accordance with clause 7(1)(b) and (c) of the former air border order; or

(b)

in a managed facility in accordance with clause 20(2) of the former maritime border order.

(2)

The requirements in Part 1 of this order apply in place of the requirements for isolation or quarantine in the former border orders, and—

(a)

the person is a relevant person under this order; and

(b)

the period for which the person must be isolated or quarantined is determined by this order; but

(c)

the person’s place of isolation or quarantine determined under the former border order must be treated as if it were their place of isolation or quarantine under this order.

3 High-risk MIQFs and low-risk MIQFs

A facility that, immediately before the commencement of this order,—

(a)

was a high risk facility under a former border order must be treated as if it were a high-risk MIQF under this order:

(b)

was a low risk facility under a former border order must be treated as if it were a low-risk MIQF under this order.

4 Existing authorisations, conditions, and directions

Any authorisation given, condition imposed, or direction made in accordance with a former border order, as it relates to requirements for isolation or quarantine described by clause 2(1) of this schedule, must be treated as if it were given, imposed, or made in accordance with Part 1 of this order.

Former security order

5 Existing appointments, approvals, conditions, and requirements

Any appointment made, approval given, or condition or requirement imposed in accordance with the former security order must be treated as if it were made, given, or imposed in accordance with Part 2 of this order.

Schedule 2 Key safety standards

cl 15DC

Schedule 2: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Part 1 Relevant crew members

Schedule 2 Part 1: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

1 Interpretation

In this Part,—

dedicated relaxation area, at the accommodation where a relevant crew member is staying,—

(a)

means any place while it is set aside for the exclusive use of pilots, co-pilots, or flight attendants of the airline for which the crew member works; but

(b)

does not include a restaurant, cafe, bar, or shared exercise facility

fellow worker, of a relevant crew member, means a person who works as a pilot, co-pilot, or flight attendant for the same airline as the crew member

specified place, at the accommodation where a relevant crew member is staying, means—

(a)

the crew member’s allocated room; or

(b)

the allocated room of a fellow worker of the crew member; or

(c)

a dedicated relaxation area.

Schedule 2 clause 1: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

2 Personal protective equipment

It is a key safety standard for a relevant crew member that, while outside New Zealand, they wear personal protective equipment at all times (to the greatest extent practicable) while at any place other than—

(a)

the cockpit of an aircraft; or

(b)

a place on an aircraft that is set aside for operating crew to rest, or take breaks, away from passengers; or

(c)

an aircraft on which the only other persons are—

(i)

the pilot or co-pilot of that aircraft; or

(ii)

fellow workers of the crew member; or

(d)

a specified place at any accommodation where they are staying; or

(e)

a place in Australia where they are undertaking flight simulator training that is not available in New Zealand.

Schedule 2 clause 2: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

3 Physical distancing

It is a key safety standard for a relevant crew member that, while outside New Zealand, they maintain physical distancing from all other persons (to the greatest extent practicable) other than—

(a)

persons on an aircraft on which the crew member is travelling; or

(b)

fellow workers of the crew member; or

(c)

persons at any place in Australia where the crew member is undertaking flight simulator training that is not available in New Zealand.

Schedule 2 clause 3: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

4 Remaining airside

(1)

It is a key safety standard for a relevant crew member who arrives in a country outside New Zealand by air that, until they depart from the country, they remain on the airside of—

(a)

the airport at which they arrive in that country; and

(b)

any other airport through which they transit in that country.

(2)

However, that key safety standard applies to the relevant crew member only if they—

(a)

are not staying in any accommodation before departing from the country; or

(b)

are staying in accommodation on the airside of an airport before departing from the country.

Schedule 2 clause 4: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

5 Travel to accommodation or flight simulator training

(1)

It is a key safety standard for a relevant crew member that, as soon as practicable after arriving in a country outside New Zealand, they travel as directly as practicable to—

(a)

any accommodation where they are staying; or

(b)

any place where they are undertaking flight simulator training.

(2)

It is a key safety standard for a relevant crew member that, if undertaking flight simulator training in a country outside New Zealand, they travel as directly as practicable between—

(a)

any accommodation where they are staying; and

(b)

any place where they are required to travel to undertake the training.

Schedule 2 clause 5: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

6 Isolation at accommodation

(1)

It is a key safety standard for a relevant crew member that they do not leave their allocated room at any accommodation where they are staying in a country outside New Zealand except—

(a)

to preserve or protect their own or another person’s life, health, or safety in an emergency; or

(b)

to access medical services; or

(c)

to collect food from a place at the accommodation; or

(d)

to exercise at the accommodation (except at any shared exercise facility at the accommodation, such as a swimming pool or gym); or

(e)

to visit a specified place at the accommodation; or

(f)

to travel from the accommodation to a place where they are undertaking flight simulator training; or

(g)

to travel from the accommodation to an aircraft—

(i)

that is scheduled for departure; and

(ii)

that the airline for which they work directs them to travel on.

(2)

It is a key safety standard for a relevant crew member that, while at any accommodation where they are staying in a country outside New Zealand, they do not permit any other person to enter their room except—

(a)

a person entering for medical, emergency, or law enforcement purposes; or

(b)

a fellow worker of the crew member.

Schedule 2 clause 6: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Part 2 Medical attendants

Schedule 2 Part 2: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

7 Interpretation

In this Part,—

dedicated relaxation area, at the accommodation where a relevant medical attendant is staying,—

(a)

means any place while it is set aside for the exclusive use of medical attendants; but

(b)

does not include a restaurant, cafe, bar, or shared exercise facility

fellow medical attendant, of a relevant medical attendant, means a person who works as a medical attendant alongside the relevant medical attendant

specified place, at the accommodation where a relevant medical attendant is staying, means—

(a)

the medical attendant’s allocated room; or

(b)

the allocated room of a fellow medical attendant; or

(c)

a dedicated relaxation area.

Schedule 2 clause 7: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

8 Personal protective equipment

It is a key safety standard for a relevant medical attendant that, while outside New Zealand, they wear personal protective equipment at all times (to the greatest extent practicable) while at any place (other than a specified place at any accommodation where the medical attendant is staying).

Schedule 2 clause 8: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

9 Physical distancing

It is a key safety standard for a relevant medical attendant that, while outside New Zealand, they maintain physical distancing from all other persons (to the greatest extent practicable) other than—

(a)

persons on an aircraft on which the medical attendant is travelling; or

(b)

fellow medical attendants; or

(c)

other persons during the course of the medical attendant’s work.

Schedule 2 clause 9: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

10 Remaining airside

(1)

It is a key safety standard for a relevant medical attendant who arrives in a country outside New Zealand by air that, until they depart from the country, they remain on the airside of—

(a)

the airport at which they arrive in that country; and

(b)

any other airport through which they transit in that country.

(2)

However, that key safety standard applies to the relevant medical attendant only if they—

(a)

are not staying in any accommodation before departing from the country; or

(b)

are staying in accommodation on the airside of an airport before departing from the country.

Schedule 2 clause 10: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

11 Travel after arrival

It is a key safety standard for a relevant medical attendant that, as soon as practicable after arriving in a country outside New Zealand, they travel as directly as practicable to—

(a)

any accommodation where they are staying; or

(b)

any place in the course of their work as a medical attendant.

Schedule 2 clause 11: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

12 Isolation at accommodation

(1)

It is a key safety standard for a relevant medical attendant that they do not leave their allocated room at any accommodation where they are staying in a country outside New Zealand except—

(a)

to preserve or protect their own or another person’s life, health, or safety in an emergency; or

(b)

to access medical services; or

(c)

to collect food from a place at the accommodation; or

(d)

to exercise at the accommodation (except at any shared exercise facility at the accommodation, such as a swimming pool or gym); or

(e)

to visit a specified place at the accommodation; or

(f)

to travel from the accommodation to any place in the course of their work as a medical attendant; or

(g)

to travel from the accommodation to an aircraft that is scheduled for departure.

(2)

It is a key safety standard for a relevant medical attendant that, while at any accommodation where they are staying in a country outside New Zealand, they do not permit any other person to enter their allocated room except—

(a)

a person entering for medical, emergency, or law enforcement purposes; or

(b)

a fellow medical attendant.

Schedule 2 clause 12: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Part 3 Police escorts

Schedule 2 Part 3: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

13 Interpretation

In this Part,—

dedicated relaxation area, at the accommodation where a Police escort is staying,—

(a)

means any place while it is set aside for the exclusive use of members of the New Zealand Police; but

(b)

does not include a restaurant, cafe, bar, or shared exercise facility

fellow member of the New Zealand Police, of a Police escort, means a member of the New Zealand Police who works alongside the Police escort

specified place, at the accommodation where a Police escort is staying, means—

(a)

the Police escort’s allocated room; or

(b)

the allocated room of a fellow member of the New Zealand Police who is staying at the accommodation in the course of official duties; or

(c)

a dedicated relaxation area.

Schedule 2 clause 13: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

14 Personal protective equipment

It is a key safety standard for a Police escort that, while outside New Zealand, they wear personal protective equipment at all times (to the greatest extent practicable) while at any place (other than a specified place at any accommodation where the Police escort is staying).

Schedule 2 clause 14: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

15 Physical distancing

It is a key safety standard for a Police escort that, while outside New Zealand, they maintain physical distancing from all other persons (to the greatest extent practicable) other than—

(a)

persons on an aircraft on which the Police escort is travelling; or

(b)

fellow members of the New Zealand Police; or

(c)

other persons during the course of the Police escort’s work.

Schedule 2 clause 15: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

16 Remaining airside

(1)

It is a key safety standard for a Police escort who arrives in a country outside New Zealand by air that, until they depart from the country, they remain on the airside of—

(a)

the airport at which they arrive in that country; and

(b)

any other airport through which they transit in that country.

(2)

However, that key safety standard applies to the Police escort only if they—

(a)

are not staying in any accommodation before departing from the country; or

(b)

are staying in accommodation on the airside of an airport before departing from the country.

Schedule 2 clause 16: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

17 Travel after arrival

It is a key safety standard for a Police escort that, as soon as practicable after arriving in a country outside New Zealand, they travel as directly as practicable to—

(a)

any accommodation where they are staying; or

(b)

any place in the course of their work as a Police escort.

Schedule 2 clause 17: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

18 Isolation at accommodation

(1)

It is a key safety standard for a Police escort that they do not leave their allocated room at any accommodation where they are staying in a country outside New Zealand except—

(a)

to preserve or protect their own or another person’s life, health, or safety in an emergency; or

(b)

to access medical services; or

(c)

to collect food from a place at the accommodation; or

(d)

to exercise at the accommodation (except at any shared exercise facility at the accommodation, such as a swimming pool or gym); or

(e)

to visit a specified place at the accommodation; or

(f)

to travel from the accommodation to any place in the course of their work as a Police escort; or

(g)

to travel from the accommodation to an aircraft that is scheduled for departure.

(2)

It is a key safety standard for a Police escort that, while at any accommodation where they are staying in a country outside New Zealand, they do not permit any other person to enter their allocated room except—

(a)

a person entering for medical, emergency, or law enforcement purposes; or

(b)

a fellow member of the New Zealand Police who is staying at the accommodation in the course of official duties.

Schedule 2 clause 18: inserted, at 11.59 pm on 20 December 2020, by clause 18 of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330).

Dated at Wellington this 4th day of September 2020.

Hon Chris Hipkins,
Minister of Health.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 September 2020.

Reprints notes
1 General

This is a reprint of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order (No 2) 2020 (LI 2020/330): Part 2

COVID-19 Public Health Response (Air Border, Isolation and Quarantine, and Required Testing) Amendment Order 2020 (LI 2020/273): Part 2

COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254): Part 2