Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830736316.pdf (New Zealand)
Reprint as at 20 September 2020 COVID-19 Public Health Response (Air Border) Order (No 2) 2020 (LI 2020/239) 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.
Contents Title Commencement Part 1 Preliminary provisions Purpose Interpretation Transitional, savings, and related provisions Application of order Immunities of foreign military aircraft and crew unaffected Part 2 Obligations on air arrivals Obligations on persons arriving in New Zealand by air Part 3 Exemptions Transit passengers Diplomatic and consular officials, and New Zealand Defence Force Air crew members and medical attendants Crew of ship Page 2 2 2 2 3 3 3 3 4 4 4 5 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.
1 cl 1 COVID-19 Public Health Response (Air Border) Order (No 2) 2020 Reprinted as at 20 September 2020 Designated persons Minister may replace exemptions under clauses 11 to 13 Power for Minister to grant exemptions from this order Part 4 Revocation and consequential amendments Revocation Consequential amendments to COVID-19 Public Health Response (Alert Level Requirements) Order 2020 Schedule 1 Transitional, savings, and related provisions 5 5 5 6 6 7 Title Order This order is the COVID-19 Public Health Response (Air Border) Order (No 2) 2020.
Commencement This order comes into force at 11.59 pm on 6 September 2020.

Part 1 Preliminary provisions 3 Purpose The purpose of this order is to prevent, and limit the risk of, the outbreak or spread of COVID-19 by imposing certain requirements on persons arriving in New Zealand by air (including medical examination and testing for COVID-19, and commencement of isolation or quarantining, as soon as prac- ticable after arriving in New Zealand).
4 Interpretation In this order, unless the context otherwise requires,— Act means the COVID-19 Public Health Response Act 2020 air crew member means any person identified as a crew member on the crew manifest for the aircraft on which they arrive in New Zealand fellow traveller, of any person arriving in New Zealand, means another person who accompanied them on the journey to New Zealand health protection officer has the meaning given by section 2(1) of the Health Act 1956 2 Reprinted as at 20 September 2020 COVID-19 Public Health Response (Air Border) Order (No 2) 2020 Part 2 cl 8 Isolation and Quarantine Order means the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 medical examination and testing means examination or testing that involves only 1 or more of the following: (a) (b) (c) (d) taking temperatures: seeking and obtaining information about symptoms: carrying out chest auscultation: taking nose swabs or mouth swabs (or both) 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 the Isolation and Quarantine Order security designated aerodrome has the meaning given by section 2(1) of the Civil Aviation Act 1990.
Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

Application of order This order applies to the whole of New Zealand.

Immunities of foreign military aircraft and crew unaffected Nothing in this order limits or affects the immunities of any foreign military aircraft or its crew.
5 6 7 Part 2 Obligations on air arrivals 8 Obligations on persons arriving in New Zealand by air (1) A person who arrives in New Zealand by air must comply with this clause.

(2) (3) (4) The person must report for and undergo medical examination and testing for COVID-19, as soon as practicable after their arrival, at the security designated aerodrome at which they arrive.
The person must be isolated or quarantined (commencing as soon as practic- able after arriving in New Zealand) in accordance with the Isolation and Quar- antine Order, subject to any IQ exemption applying in relation to the person.
Throughout the period while the person is at the security designated aerodrome and travelling from that aerodrome to their place of isolation or quarantine, they must,— 3 Part 3 cl 9 COVID-19 Public Health Response (Air Border) Order (No 2) 2020 Reprinted as at 20 September 2020 (a) to the greatest extent practicable, maintain physical distancing from all other persons (other than fellow travellers); and (b) wear personal protective equipment as directed by a medical officer of health or a health protection officer.
(5) In this clause, IQ exemption means an exemption under the Isolation and Quarantine Order.

Clause 8(3): amended, at 11.59 pm on 20 September 2020, by clause 4(1) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Clause 8(5): inserted, at 11.59 pm on 20 September 2020, by clause 4(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).
Part 3 Exemptions 9 Transit passengers (1) Any transit passenger is exempt from clause 8, except for a transit passenger who is given permission to enter New Zealand in accordance with section 89(2) or 91 of the Immigration Act 2009.

(2) In this clause, transit passenger has the meaning given by section 4 of the Immigration Act 2009.
10 Diplomatic and consular officials, and New Zealand Defence Force The following persons arriving by air in New Zealand are exempt from clause 8: (a) any person who is entitled to any immunity from jurisdiction by or under— (i) the Diplomatic Privileges and Immunities Act 1968 (other than a person referred to in section 10D(2)(d) of that Act) or the Consu- lar Privileges and Immunities Act 1971; or (ii) any order under either of those Acts: (b) any person who is a member of the New Zealand Defence Force and returning from service outside of New Zealand.
11 Air crew members and medical attendants The following persons arriving by air in New Zealand are exempt from clause 8: (a) (b) air crew members: any person who— (i) is assisting, as a medical attendant, with a medical air transfer to New Zealand and does not meet the specified condition; or 4 Reprinted as at 20 September 2020 COVID-19 Public Health Response (Air Border) Order (No 2) 2020 Part 3 cl 15 (ii) is returning to New Zealand after assisting, as a medical attendant, with a medical transfer from New Zealand.
12 Crew of ship (1) Any person arriving by air in New Zealand who is a member of the crew of a ship is exempt from clause 8, subject to the following conditions: (a) immediately after leaving the security designated aerodrome at which the person arrives in New Zealand, the person must travel (whether by air or by any other form or forms of transport) to and then board the ship; and (b) the ship must be scheduled to depart from New Zealand as soon as is reasonably practicable after the person boards the ship.
(2) In this clause, crew, depart from New Zealand, and ship have the meanings given to them by the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.

13 Designated persons Any person arriving by air in New Zealand who, immediately before the com- mencement of this order, was designated by the Director-General as critical to providing services to assist with the response to COVID-19 is exempt from clause 8.
14 Minister may replace exemptions under clauses 11 to 13 (1) The Minister may make an exemption (a replacement exemption) under clause 15 that applies (with or without conditions) to a person, or class of per- sons, to whom a specified exemption applies.

(2) A specified exemption ceases to apply to a person on the commencement of a replacement exemption that applies to the person or to a class of persons to which the person belongs.
(3) 15 (1) In this clause, specified exemption means an exemption under clause 11, 12, or 13.
Power for Minister to grant exemptions from this order The Minister may exempt any person or class of persons from the requirement to comply with any provision of this order or the application of any provision of this order if the Minister is satisfied that— (a) (b) the exemption is necessary or desirable in order to promote the purposes of the Act or the purposes of this order; and the extent of the exemption is not broader than is reasonably necessary to address the matters giving rise to the exemption.
(2) The Minister may impose conditions on the exemption as the Minister con- siders necessary.

5 Part 4 cl 16 COVID-19 Public Health Response (Air Border) Order (No 2) 2020 Reprinted as at 20 September 2020 (2A) 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.

(3) An exemption for any specified person must be notified in writing to the appli- cant and the exempt person.
(4) An exemption for any class of persons 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.

Clause 15(1)(b): amended, at 11.59 pm on 20 September 2020, by clause 5(1) of the COVID-19 Pub- lic Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).
Clause 15(2A): inserted, at 11.59 pm on 20 September 2020, by clause 5(2) of the COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254).

Part 4 Revocation and consequential amendments 16 Revocation The COVID-19 Public Health Response (Air Border) Order 2020 (LI 2020/120) is revoked.
17 (1) Consequential amendments to COVID-19 Public Health Response (Alert Level Requirements) Order 2020 This clause amends the COVID-19 Public Health Response (Alert Level Requirements) Order 2020.
(2) Replace clause 29(q) with: (q) to people while they are required to be in isolation or quarantine in accordance with either of the following: (i) (ii) the Isolation and Quarantine Order: the Maritime Border Order: In clause 29, insert as subclause (2): In this clause,— Isolation and Quarantine Order means the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 Maritime Border Order means the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020.
(3) (2) 6 Reprinted as at 20 September 2020 COVID-19 Public Health Response (Air Border) Order (No 2) 2020 Schedule 1 Schedule 1 Transitional, savings, and related provisions cl 5 Part 1 Provisions relating to this order as made There are no transitional, savings, or related provisions relating to this order as made.

Dated at Wellington this 4th day of September 2020.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 September 2020.


Hon Chris Hipkins, Minister of Health.

7 Notes COVID-19 Public Health Response (Air Border) Order (No 2) 2020 Reprinted as at 20 September 2020 Reprints notes 1 General This is a reprint of the COVID-19 Public Health Response (Air Border) Order (No 2) 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 elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint COVID-19 Public Health Response (Air Border and Isolation and Quarantine) Amendment Order 2020 (LI 2020/254): Part 1 Wellington, New Zealand: Published under the authority of the New Zealand Government—2020 8