Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830468085.pdf (New Zealand)
2020/159 COVID-19 Public Health Response (Air Border) Amendment Order 2020 This order is made in accordance with sections 9, 11, and 15 of the COVID-19 Public Health Response Act 2020 by the Minister of Health.
Contents Title Commencement Principal order Application of this order Clause 3 amended (Purpose) Clause 4 amended (Interpretation) Clause 7 amended (Medical examination, testing, and isolation or quarantining requirements) Clause 8 amended (Permission to leave place of isolation or quarantine for purposes of clause 7(1)(b)(i)) Clause 9 amended (Caregivers of children) Schedule 1 amended Schedule New Part 2 inserted into Schedule 1 Page 1 1 1 2 2 2 2 2 3 3 4 Title Order This order is the COVID-19 Public Health Response (Air Border) Amendment Order 2020.
Commencement This order comes into force at 11.59 pm on 13 July 2020.

Principal order This order amends the COVID-19 Public Health Response (Air Border) Order 2020 (the principal order).

1 cl 4 4 5 6 7 COVID-19 Public Health Response (Air Border) Amendment Order 2020 2020/159 Application of this order This order applies to the area to which the principal order applies.

Clause 3 amended (Purpose) In clause 3, replace “quarantine and isolation” with “isolation and quarantine”.
Clause 4 amended (Interpretation) In clause 4(1), insert in its appropriate alphabetical order: chief executive of MBIE means the chief executive of the Ministry of Busi- ness, Innovation, and Employment Clause 7 amended (Medical examination, testing, and isolation or quarantining requirements) Replace clause 7(3) and the heading above it with: Required period of isolation or quarantine (3) The required period of isolation or quarantine of a person under this clause is— (a) (b) the period ending 14 days after the start date if the chief executive of MBIE is satisfied (as close as is reasonably practicable to the end of that period and on the basis of the advice of a suitably qualified health practi- tioner) that the person meets the low risk indicators; or any longer period needed to satisfy the chief executive of MBIE (on the basis of the advice of a suitably qualified health practitioner) that the person meets the low risk indicators, but no longer than the period end- ing 28 days after the start date.
Clause 8 amended (Permission to leave place of isolation or quarantine for purposes of clause 7(1)(b)(i)) In clause 8(1)(a), replace “Director-General” with “chief executive of MBIE”.

In clause 8(1)(b) and (c), after “necessary”, insert “for the person”.
Replace clause 8(1)(d) and (e) with: (d) if the chief executive of MBIE is satisfied, on the basis of the advice of a medical officer of health or a health protection officer, that it is neces- sary for the person to do so— (i) (ii) to access medical services; or to move to another place of isolation or quarantine (including, for example, to move to another place for temporary or emergency care while the person is sick); or In clause 8(1)(f), after “if”, insert “the person is”.

Revoke clause 8(1)(g).


8 (1) (2) (3) (4) (5) 2 2020/159 COVID-19 Public Health Response (Air Border) Amendment Order 2020 cl 10 (6) (7) In clause 8(1)(h), after “if”, insert “the person is”.

Replace clause 8(1)(i) with: (i) to assist or accompany a child or other person to travel to or from a place under any of paragraphs (b) to (h), but only if the person is a fellow resi- dent of the child or other person and is authorised to do so by the chief executive of MBIE.
(8) After clause 8(1), insert: (1A) (9) (10) In determining whether or not to authorise a person to leave under subclause (1)(i), the chief executive of MBIE must take into account the advice of a med- ical officer of health or a health protection officer.

In clause 8(2), replace “Director-General” with “chief executive of MBIE”.

In clause 8(3), replace “Director-General must,” with “chief executive of MBIE must”.
(11) Replace clause 8(3)(a) with: (a) take into account any effect that a medical officer of health advises the person’s leaving the place might have on the risk of an outbreak or the spread of COVID-19; and 9 Clause 9 amended (Caregivers of children) In clause 9(1), replace “Director-General” with “chief executive of MBIE”.

10 Schedule 1 amended In Schedule 1, after Part 1, insert the Part 2 set out in the Schedule of this order.
3 Schedule COVID-19 Public Health Response (Air Border) Amendment Order 2020 2020/159 Schedule New Part 2 inserted into Schedule 1 cl 10 Part 2 Provisions relating to COVID-19 Public Health Response (Air Border) Amendment Order 2020 4 Definition of amending order In this Part,— amending order means the COVID-19 Public Health Response (Air Border) Amendment Order 2020 commencement means 11.59 pm on 13 July 2020.
5 Exercise authorised by Director-General Outdoor exercise of a class that, immediately before commencement, was authorised by the Director-General under clause 8(1)(a) of this order is taken— (a) (b) to have been authorised by the chief executive of MBIE under clause 8(1)(a), as amended by the amending order; and to be subject to the same conditions as applied immediately before com- mencement.
6 Consent to accompany child or other person The consent of a medical officer of health or a health protection officer that, immediately before commencement, was in force under clause 8(1)(i) of this order is taken to be an authorisation of the chief executive of MBIE for the pur- poses of clause 8(1)(i), as amended by the amending order.
7 Authorisation to leave place of isolation or quarantine for exceptional reasons An authorisation of the Director-General that, immediately before commence- ment, was in force under clause 8(2) of this order is taken to be an authorisa- tion of the chief executive of MBIE under clause 8(2), as amended by the amending order.
8 Authorisation relating to caregivers of children An authorisation of the Director-General that, immediately before commence- ment, was in force under clause 9(1) of this order is taken to be the authorisa- tion of the chief executive of MBIE under clause 9(1), as amended by the amending order.

4 2020/159 COVID-19 Public Health Response (Air Border) Amendment Order 2020 Explanatory note Dated at Wellington this 10th day of July 2020.

Hon Chris Hipkins, Minister of Health.


Explanatory note This note is not part of the order, but is intended to indicate its general effect.

This order, which amends the COVID-19 Public Health Response (Air Border) Order 2020 (the principal order), comes into force at 11.59 pm on 13 July 2020.
The purpose of this order is to transfer certain functions to the chief executive of the Ministry of Business, Innovation, and Employment (MBIE) that, under the principal order, are currently functions of the Director-General of the Ministry of Health (MoH) or of medical officers of health or health protection officers.
As a result, the chief executive of MBIE will be responsible,— • instead of the Director-General of MoH, for— • • • • determining, on the basis of the advice of a suitably qualified health practitioner, that a person meets the low risk indicators for having or transmitting COVID-19 (which the person must meet if their required period of isolation or quarantine is to last no longer than 14 days) (clause 7); and authorising outdoor exercise for persons in isolation or quarantine (clause 8(1)); and authorising a person to leave their place of isolation or quarantine for an exceptional reason, taking into account the advice of a medical officer of health (clause 8(9) to (11)); and authorising the caregiver of a child to enter the child’s place of isolation to care for the child (clause 9); and • instead of a medical officer of health or health protection officer, for— • • permitting a person to leave their place of isolation or quarantine for access to medical services, or to move to another place of isolation or quarantine, on the basis of the advice of a medical officer of health or a health protection officer (clause 8(3) and (5)); and authorising a person to leave the person’s place of isolation or quarantine to assist or accompany a child leaving the child’s place of isolation or quarantine, if the person is a fellow resident and taking into account the advice of a medical officer of health or health protection officer (clause 8(7) and (8)).
5 Explanatory note COVID-19 Public Health Response (Air Border) Amendment Order 2020 2020/159 The Director-General of MoH will remain responsible under the principal order for designating people as critical to providing services to assist with the response to COVID-19.

Those people are among the people arriving in New Zealand by air who, as “excluded arrivals”, are not required to submit to the medical examination and test- ing, and isolation or quarantining, requirements imposed by the principal order.
Medical officers of health will continue to be responsible under the principal order for designating facilities as high risk facilities or low risk facilities, and, along with health protection officers, for— • • determining a person’s place of isolation or quarantine; and directing a person in isolation or quarantine to submit to medical examination and testing, or to wear personal protective equipment.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 July 2020.


This order is administered by the Ministry of Health.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2020 6