Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848362221.pdf (New Zealand)
2021/223 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 This order is made by the Minister for COVID-19 Response under section 11 of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.
Contents Title Commencement Principal order Clause 16 replaced (Permissions for essential personal movement within alert level 4 area) 16 Permissions for essential personal movement within alert level 4 area Clause 17A amended (Face covering requirements for individuals in alert level 4 businesses and services) Schedule 2 amended Schedule Schedule 2 amended Order Page 1 1 1 2 2 5 5 6 Title This order is the COVID-19 Public Health Response (Alert Level Require‐ ments) Order (No 9) Amendment Order (No 4) 2021.
Commencement This order comes into force at 11.59 pm on 23 August 2021.

Principal order This order amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021.
1 cl 4 4 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 Clause 16 replaced (Permissions for essential personal movement within alert level 4 area) Replace clause 16 with: 16 Permissions for essential personal movement within alert level 4 area A person is permitted to leave their home or place of residence to do any of the following as essential personal movement (and then return to their home or place of residence afterwards): Accessing alert level 4 businesses or services (a) to access any alert level 4 business or service if— (i) the access is for their own needs or on behalf of a fellow resident, a vulnerable person, or a high-risk person; and (ii) the alert level 4 business or service— (A) (B) is within the same district or is the nearest alert level 4 busi‐ ness or service of a particular kind; and is operating in compliance with the alert level 4 require‐ ments: Accessing exempt businesses or services (b) to access any exempt business or service if— (i) (ii) the access is for their own needs or on behalf of a fellow resident, a vulnerable person, or a high-risk person; and the exempt business or service is within the same district or is the nearest exempt business or service of a particular kind: Working (c) to do either of the following (which may include travel between regions within the alert level 4 area): (i) to provide an alert level 4 business or service operating in compli‐ ance with the alert level 4 requirements; or (ii) to do necessary work at any premises under clause 18(2): (d) if they are a worker referred to in clause 23(p) or (q), to work (which may include travel between regions within the alert level 4 area): Limited recreation purposes (e) to undertake exercise or other recreation if— (i) (ii) it is done in an outdoor place appropriate for that kind of exercise or recreation that is readily accessible (including by using their vehicle) from their home or place of residence; and it is done in compliance with the requirements
 that relate to phys‐ ical distancing (see clause 17) and the prohibition against gather‐ ing in outdoor places (see clause 21); and 2 2021/223 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 cl 4 (iii) it does not involve swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, motorised craft, or motorised equipment, hunting in motorised vehicles, tramping, or flying manned aircraft; and (iv) it does not involve any other activities that expose the participant to danger or may require search and rescue services: Limited customary purposes (f) to exercise Māori customary rights to fishing and food gathering if— (i) (ii) (iii) it is done in an outdoor place that is readily accessible (including by using their vehicle) from their home or place of residence; and it is done in compliance with the requirements that relate to phys‐ ical distancing (see clause 17) and the prohibition against gather‐ ing in outdoor places (see clause 21); and it does not involve swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, motorised craft, or motorised equipment, hunting in motorised vehicles, tramping, or flying manned aircraft; and (iv) it does not involve any other activities that expose the participant to danger or may require search and rescue services: Shared bubble arrangements and shared caregiver arrangements (g) to visit or stay at another home or place of residence under a shared bub‐ ble arrangement if— (i) (ii) one person lives alone in one, or both, of those residences; or all persons in one of those residences are vulnerable persons: (h) if the person is a child leaving the home or place of residence of one shared caregiver, to visit or stay at the home or place of residence of another shared caregiver if there is a shared bubble arrangement: Care of child or person in critical or terminal condition (i) to provide urgent care for a child or to
 provide care or support to a per‐ son in a critical or terminal condition: (ia) to provide childcare for a worker described in paragraph (c) or (d) if— (i) the worker described in paragraph (c) or (d) has to leave their home or place of residence to work and has no fellow resident nor anyone in a shared bubble arrangement who is able to provide the childcare; and (ii) the person who provides the childcare— (A) is the only person outside the worker’s home, place of resi‐ dence, or shared bubble arrangement who provides the worker with childcare; and 3 cl 4 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 (B) does not provide childcare to any other person and acts as if they were in a shared bubble arrangement with the worker: (ib) to convey their children to, or from, the home or place of residence of a person providing childcare if— (i) (ii) the conveying person is a worker described in paragraph (ia)(i); and the person providing the childcare is a person described in para‐ graph (ia)(ii): Accessing health services (j) (k) to access health services, including to attend a scheduled appointment to receive their first or second injection of the Pfizer/BioNTech COVID-19 vaccine: Accessing judicial institutions to attend a court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution: Leaving or relocating home on court order, etc (l) either— (i) to leave or change the person’s home or place of residence as required by a court order or by a person exercising any other power under any enactment to order a person to be detained, to change their place of detention, or otherwise determine their place of residence (for example, a direction of the New Zealand Parole Board or a probation officer); or (ii) to go to a home or place of residence after that detention or deter‐ mination ceases: Leaving New Zealand (m) if leaving New Zealand
 for another jurisdiction, to go to— (i) (ii) an airport or port from which the person will leave New Zealand; or any managed isolation and quarantine facility immediately before leaving New Zealand: Emergencies (n) if necessary, to preserve their own or any other person’s life or safety: Relocating home or place of residence (o) to change their home or place of residence if necessary to use a tempor‐ ary or emergency home or place of residence (for example, for care while sick or to seek refuge in women’s refuge accommodation): 4 2021/223 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 cl 6 Going home after isolation or quarantine (or arrival) (p) to go to the person’s home or place of residence (or intended home or place of residence) following— (i) (ii) the completion of their period of isolation or quarantine under the Isolation and Quarantine Order or the Maritime Border Order; or if the Isolation and Quarantine Order and Maritime Border Order do not apply to the person, their arrival in New Zealand: (q) to collect a person referred to in paragraph (p) for the purpose of accom‐ panying them to their home or place of residence (or intended home or place of residence): Caring for pets or other animals (r) to care for pets or other animals that they own or are in charge of, if— (i) (ii) it is necessary to do so; and the location of the pets or other animals is within the same or an adjacent district: Assisting fellow resident (s) to assist a fellow resident to carry out essential personal movement or to accompany a fellow resident carrying out essential personal movement, but only to the extent permitted for that fellow resident under this clause.
5 Clause 17A amended (Face covering requirements for individuals in alert level 4 businesses and services) Replace 17A(1)(a) with: (a) supermarkets: (aa) dairies: 6 Schedule 2 amended In Schedule 2, replace the table with the table set out in the Schedule of this order.
5 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 : : .
r e f f o r o e l a s e h t • • : : .
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n a s r e m o t s u c o t l a c i s y h p e r t e m - Schedule COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 - e
, s r o t a r e g i r f e r , e l p m a x e r o f ( s e n i h c a m g n i h s a w , , s r e y r d d n a d n a , s n a f , s r e n a e l c : ) s r e i f i d i m u h e d , , g n i n a e l c : t n e m p i u q e , s o o p m a h s , s p a o s , s t c u d o r p d i a t s r i f , E P P , n o i t a c i d e m d n a h d n a , , e l p m a x e r o f ( s t c u d o r p : ) ( , e l p m a x e d n a s t r a p e v i t o m o t u a : ) : , e l p m a x e r o f ( r e t u p m o c , s e n o h p d n a s m e d o m , t n e m p i u q e : ) s o i d a r d n a , s n o i s i v e l e t , • • • • • • 2021/223 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 Schedule r
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • ✓ : • • , n o i t c u r t s n o c , g n i d l i u B : : • • t n a t r o p m i y l l a n o i t a n , : : - D V O C • • - Schedule COVID-19 Public
e n i s u B r e b m u N Schedule COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • — .
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r o r o • • , r i a , l i a r , ( ) e l c i h e v e c i v r e s 5 1 10 2021/223 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 Schedule e
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • ) d ( - 1 ✓ ✓ ✓ ( s e i r t s u d n i y r a m i r P , g n i g a k c a p , , ) : ( s e c i v r e s c i f i t n e i c S e h t f o ) : s e i t i l i c a f ) 3 C P ( : o
, y t e f a s d o o f , : h t l a e h c i l b u p , t e N o e G , S N G , R S E : e c i v r e S t e M , A W N I , e s n o p s e r I 9 1 - D V O C n i d e v l o v n i s e c i v r e s • • • • B 5 1 6 1 7 1 11 Schedule COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 n
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • , , — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • ✓ ✓ ✓ ✓ l a m i n a g n i d u l c n i , , s l a i r t l a c i n i l c , , s e l p m a s , e l p m a x e r o f ( e g a r o t s d n a , s n o i t c e l l o c e r a t a h t , ) s e i t i l i c a f • - , n o i t u b i r t s i d : g n i w o l l o f e h t f o e r o m s n a e m h c i h w , , e l a s , y l p p u s , n o i t c u d o r p : y t i c i r t c e l e : s a g • • - 1 n i d e w o l l a s t n e i l c d n a s r e m o t s u C e
12 2021/223 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 Schedule — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • — e c a l p k r o w e h t r o ; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • , e l p m a x e r o f ( r e t a w e t s a w : ) , e l p m a x e r o f ( e t s a w : ) g n i l c y c e r : l e u f d i l o s r o d i u q i l n i d e n i f e d s a ( ) 1 0 0 2 : r e t a w • • • • • — h c i h w , - - ( s w e n s n a e m d n a ) n o i t c u d o r p s w e n d n a ; a i d e m t s a c d a o r b • • — f i y l n o t u b , s e i t i r o h t u a l a c o l d n a g n i d u l c n i , s e c i v r e s t n e m n r e v o G , y r o t a l u g e r a s i e c i v r e s e h t , e c i v r e s l a i
 c o s r o , e c n e f e d • 3 2 13 - Schedule COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 e h t t a h t d r o c e r g n i c a r t t c a t n o c
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • I 9 1 - D V O C e h t o t s e t a l e r r o ; , e l p m a x e r o f ( , t n e m t c a n e n a r o , ) t n e m n o r i v n e • e h t s a h s e c i v r e s e t a t S , ) 1 ( ( t n e m n r e v o G n g i e r o F ) ( s e c i v r e s y t i r u c e S 5 2 ) - 14 2021/223 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9)
 Amendment Order (No 4) 2021 Schedule — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • - : s e c i v r e s m u i n i m u l a t n i o P i a w T i : x e n a h t e M l e e t S Z N : r e t l e m s • • • , , a e r a 4 l e v e l : g n i w o l l o f : .
s e c i v r e s • • 9 2 15 Schedule COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • — .
; e c a l p k r o w e h t r o f e d o c R Q e h t s n a c s • • - , e l p m a x e r o f , g n i d u l c n i , , a i r o t a m e r c , , ( d e y a l e d e b y l b a n o s a e r ) , s n o i n U 1 3 16 2021/223 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 Explanatory note Dated at Wellington this 23rd day of August 2021.
Hon Chris Hipkins, Minister for COVID-19 Response.

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

This order, which comes into force at 11.59 pm on 23 August 2021, amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021 (the principal order).

Clause 4 replaces clause 16 of the principal order.

Clause 16 is amended to remove the reference to residential disability care facilities in the heading above clause 16(i).
The essential personal movement category described in new clause 16(i) concerns people providing care or support to a person in a critical or terminal condition, regardless of where the person is located.

Clause 16(k) is amended to ensure that attending a court, tribunal, parole board hear‐ ing, or other judicial institution must be as required or permitted by the institution.

The other changes clarify that people may return home after their essential personal movement.
Clause 6 amends Schedule 2 of the principal order by clarifying that: • • • • • dairies and petrol stations may only sell food or drink to take away if that food or drink does not require further preparation or packaging on-site (for example, pre-packaged food in a food-warming cabinet is permissible, but coffee brewed to order is not): item 3 is limited only to licensing trusts operating in Waitakere, Portage, Mata‐ ura, or Invercargill: the 1-metre physical distancing rule (rather than the 2-metre physical distanc‐ ing rule) applies in courts and tribunals: Foreign Governments maintaining critical operations of foreign missions based in New Zealand may undertake that work outside their workplace: item 29 extends to businesses and services that are necessary (when in alert level 4) to maintain exempt businesses and services.
Approval by resolution required This order must be approved by resolution of the House of Representatives before the expiry of the period described in section 16(2) of the COVID-19 Public Health Response Act 2020.

If this does not happen, the order is revoked on the expiry of that period.

17 COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) Amendment Order (No 4) 2021 2021/223 Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 August 2021.


This order is administered by the Ministry of Health.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2021 18