Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848539693.pdf (New Zealand)
2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 This order is made by the Minister for COVID-19 Response under sections 11 and 15 of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.
Contents Title Commencement Purpose Guide to this order Interpretation When person is CVC compliant Meaning of 1-metre physical distancing rule Meaning of 2-metre physical distancing rule Meaning of defined space Meaning of designated premises Meaning of face covering rule Meaning of fellow resident Meaning of gathering Meaning of person in control Transitional, savings, and related provisions Part 1 Application of COVID-19 provisions Guide to COVID-19 provisions and COVID-19 response schedules COVID-19 provision has effect only if specified in active COVID-19 response schedule How COVID-19 provision applies to business or service Part 2 COVID-19 provisions Subpart 1—QR codes and contact records QR code must be displayed in workplaces QR code must be displayed on public transport services Page 7 7 7 7 8 17 17 18 18 18 19 20 20 21 22 22 22 22 23 24 1 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Workplaces must have alternative contact record systems and processes Business or service must have systems and processes to ensure people entering workplace scan QR code or provide contact record Subpart 2—Face coverings Person must comply with face covering rule in specified premises or circumstances Business or service must have systems and processes to ensure workers wear face coverings Subpart 3—CVC requirements CVC requirements relating to regulated businesses and services Regulated business or service must comply with CVC rules or
 non-CVC rules Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance CVC requirements relating to individuals Person who is not CVC compliant must not enter regulated premises that are CVC-only Person must produce CVC when requested at regulated premises that are CVC-only Person must produce valid CVC Access must not be denied on vaccination grounds Person must not be denied access to certain
 premises on vaccination grounds Person must not be denied access to goods or services from certain premises on vaccination grounds Business or service in control of premises must allow people access to designated premises Subpart 4—Physical distancing and capacity limits Physical distancing People must maintain physical distancing so far as is reasonably practicable in specified premises or circumstances People must comply with 1-metre physical distancing rule in specified premises or circumstances People must comply with 2-metre physical distancing rule in specified premises or circumstances Workers must keep 1 metre away from each other and 2 metres away from other people Business or service must have systems and processes to comply with applicable physical distancing rules 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Business or service must mitigate risk of spreading COVID-19 to extent physical distancing cannot be maintained Capacity limits Business or service must comply with capacity limit based on specified physical distancing rule Business or service must comply with fixed capacity limit based on specified physical distancing rule Subpart 5—Gatherings General No gatherings unless permitted Types of CVC compliant permitted gatherings Gathering of CVC
 compliant people permitted Gathering of fixed number of CVC compliant people permitted Gathering of CVC compliant people permitted if capacity limit met Gathering of CVC compliant people permitted if fixed capacity limit met Other types of permitted gatherings Fixed capacity gathering permitted Fixed number gathering permitted Limited purpose gathering permitted Limited outdoor gathering permitted Subpart 6—Events No event unless permitted Event permitted for CVC compliant people only Fixed capacity event
 permitted for CVC compliant people only Fixed capacity event permitted Subpart 7—Restrictions on access Business or service must have systems and processes to prevent customers entering workplace except to enable contactless collection of goods New Zealand Post must have systems and processes for limited customer access Hardware and do-it-yourself store must have systems and processes for contactless or drive-through collection of goods only Shopping mall must have systems and processes to enable contactless collection of goods only Shopping mall must have systems and processes to enable access to permitted business or service Business or service must have systems and processes to prevent customers entering workplace 31 31 32 32 33 33 34 35 36 37 38 39 39 40 40 41 42 42 42 42 43 43 3 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Business or service must have systems and processes to prevent customers entering workplace unless specified business or service (restrictive setting) Specified business or service permitted to let customers enter workplace Subpart 8—Restrictions on opening Business or service must close premises Business or service must be closed unless permitted to open (restrictive setting) Category 1 business or service permitted to open premises Category 1 and 2 business or service permitted to open premises Specified business or service permitted to open premises Subpart 9—Other requirements for businesses or services Food and drink Businesses or services must comply with no consumption of food or drink requirement Customers and clients at food and drink business or service must comply with seating requirements Businesses or services must have systems and processes to prevent sale of food or drink requiring work on premises Transport and logistics Worker delivering goods must wear face covering Passengers on public transport services must be seated Physical distancing requirements on public transport services on specified
 route Education How face covering rule applies to education entities How 2-metre physical distancing rule applies to education entities Registered school, licensed early childhood service, and school hostel must have systems and processes to keep appropriately sized and stable groups Education entities must have systems and processes to manage numbers of students on site Tertiary education provider must have systems and processes to verify CVC compliance Tertiary education provider must have systems and processes to ensure only workers enter premises Retail Greengrocers, butchers, and fishmongers must be indoors and have fixed location 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Gyms, sports, and other exercise Outdoor sports facilities must close indoor parts Venue businesses Venue businesses must have systems and processes to ensure venue used only for limited purpose gatherings Miscellaneous In-home services must have systems and processes to keep contact records of workers Specified in-home services must ensure only certain people present when service provided Specified in-home service may be provided if needed to address risk to health or safety Subpart 10—Restrictions on movement and related requirements Movement within area under localised lockdown Person must
 stay at home except when undertaking permitted movement Category 1 movement within area permitted Category 1 and 2 movement within area permitted Cross-boundary travel: Overview Person must not travel out of area unless undertaking permitted travel Person must not undertake cross-boundary travel unless permitted (restrictive setting) Cross-boundary travel: CVC or alternative Cross-boundary travel permitted if person is CVC compliant Cross-boundary travel permitted if person has evidence of negative
 COVID-19 test result Cross-boundary travel: Restrictive setting Cross-boundary travel for specified purposes permitted but travel conditions may apply Cross-boundary travel through area permitted if person does not stop in area Cross-boundary travel: Travel conditions Person must carry evidence of purpose Person must carry evidence of negative COVID-19 test result Person must carry evidence of having had COVID-19 test (non- work activities) Person must carry evidence of having had COVID-19 test (work activities) 50 51 51 52 52 52 53 57 59 60 60 60 61 61 62 62 63 64 5 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 99 100 101 102 103 104 105 106 Cross-boundary travel: Other requirements Business or service must minimise cross-boundary travel undertaken by workers Certain businesses or services must facilitate testing and medical examination for workers undertaking cross-boundary travel Part 3 Restriction on relocating principal home or place of residence Person must not change principal home or place of residence following Director-General notice restricting travel for that purpose Part 4 Exemptions Subpart 1—General exemptions Exemption for emergencies Exemption for health services Other exemptions Subpart 2—Director-General may grant exemptions Power for Director-General to grant exemptions from this order How exemptions are notified or published Part 5 Revocation and consequential amendments Subpart 1—Revocation 107 Revocation Subpart
 2—Amendment to COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 Principal order Clause 17 amended (General requirement to remain in isolation or quarantine) Subpart 3—Amendments to COVID-19 Public Health Response (Required Testing) Order 2020 Principal order Clause 6 amended (Application of order) Part 1A heading amended Clause 12A amended (Interpretation) Clause 12B amended (Application of this Part) Schedule 1 Transitional, savings, and related provisions Schedule 2 Category 1 and 2
 businesses or services 108 109 110 111 112 113 114 6 64 64 65 66 66 67 69 69 70 70 70 70 71 71 71 71 72 74 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 3 Purposes for which cross-boundary travel is permitted and related travel conditions Schedule 4 Maps of regions and territorial authority districts in New Zealand Schedule 5 Green (not active) Schedule 6 Orange (rest of New Zealand) Schedule 7 Red (Northland, Auckland, and specified areas in North Island) Schedule 8 Travelling in and out of extended Auckland area cl 4 81 86 90 95 100 107 1 2 3 4 (1) (2) (3) (4) Title Order This order is the COVID-19 Public Health Response (Protection Framework) Order 2021.
Commencement This order comes into force at 11.59 pm on 2 December 2021.

Purpose The purpose of this order is to prevent, and limit the risk of, the outbreak or spread of COVID-19 and to otherwise support the purposes of the Act.

Compare: LI 2021/263 cl 3 Guide to this order Clauses 1 to 15 provide for preliminary matters, including the purpose of this order and definitions of key terms.
Part 1 provides for the application of COVID-19 provisions (a COVID-19 pro‐ vision does not have effect unless specified in an active COVID-19 response schedule).

Part 2 sets out the COVID-19 provisions.

Part 3 provides that a person must not change their principal home or place of residence following a notice by the Director-General restricting travel for that purpose.

7 cl 5 (5) (6) (7) (8) (9) COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Part 4 provides for exemptions.
Part 5 revokes the COVID-19 Public Health Response (Alert Level Require‐ ments) Order (No 12) 2021 and contains consequential amendments.

Schedule 1 provides for transitional, savings, and related provisions.

Schedule 2 describes category 1 and category 2 businesses or services.

Schedule 3 lists the permitted purposes for cross-boundary travel, with accom‐ panying travel conditions, for the purposes of clauses 89, 90, and 93.
(10) Schedule 4 contains maps showing the boundaries of each region and each ter‐ ritorial authority district in New Zealand.

(11) Schedule 5 is a COVID-19 response schedule specifying the COVID-19 provi‐ sions that have effect at Green.

(12) Schedule 6 is a COVID-19 response schedule specifying the COVID-19 provi‐ sions that have effect at Orange.

(13) Schedule 7 is a COVID-19 response schedule specifying the COVID-19 provi‐ sions that have effect at Red.
(14) Schedule 8 is a COVID-19 response schedule specifying the COVID-19 provi‐ sions that limit travel in and out of the extended Auckland area.

(15) This clause is intended as a guide only.
5 Interpretation In this order, unless the context otherwise requires,— 1-metre physical distancing rule means the rule in clause 7 2-metre physical distancing rule means the rule in clause 8 accommodation service— (a) means accommodation provided by a business or service in which mul‐ tiple groups of 1 or more residents share facilities (such as a kitchen, bathroom, or laundry) or common areas (such as a lounge or recreation space), for example,— (i) (ii) (iii) (iv) (v) a hotel: tertiary student accommodation: a boarding house: a backpacker hostel: seasonal worker accommodation; but excludes a school hostel; and to avoid doubt, excludes a home or place of residence of tenants under the Residential Tenancies Act 1986 (b) (c) 8 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 cl 5 accommodation service bubble arrangement means an arrangement— (a) (b) between no more than 10 residents of the same accommodation service; and in which the residents who are aged 18 years or over and have full cap‐ acity have agreed— (i) (ii) to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence for the length of their stay at the accommodation service; and not to be part of any other arrangement of the kind described in paragraphs (a) and (b)(i) Act means the COVID-19 Public Health Response Act 2020 active COVID-19 response schedule means a COVID-19 response schedule that applies to an area described in Part 1 of that schedule affected worker, for the purposes of
 subpart 3 of Part 2, means a person— (a) who is an affected person within the meaning of clause 4 of the Vaccina‐ tions Order; and (b) is vaccinated within the meaning of section 5(1) of the Act airline lounge food and drink business or service means a food and drink business or service operated by an airline for the exclusive use of passengers on a public transport service alternative contact record systems and processes means systems and pro‐ cesses that enable a contact record to be made other than by
 scanning a QR code applicable COVID-19 provision, in relation to a person, place, or thing, means a COVID-19 provision specified in an active COVID-19 response schedule that has effect in relation to that person, place, or thing area means the area described in Part 1 of an active COVID-19 response schedule boundary means the boundary of the area described in an active COVID-19 response schedule business or service includes— (a) (b) (c) (d) (e) a voluntary or not-for-profit service; and a private sector business or service; and a public sector business or service; and a business or service that provides space for other businesses or services to operate within (for example, shopping malls and marketplaces); and a business or service that provides facilities or venues for events or activities if people pay to attend an event or participate in an activity or pay to hire a facility or venue; and 9 cl 5 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (f) the playing of sports professionally or semi-professionally category 1 business or service means a business or service specified by a tick in the third column of the table in Schedule 2 category 1 permitted movement has the meaning given by clause 87(2) category 2 business or service means a business or service specified by a tick in the fourth column of the table in Schedule 2 category 2 permitted movement has the meaning given by clause 88(2) certified playgroup means a playgroup for which a current certificate is held under the Education (Playgroups) Regulations 2008 class 4 venue has the same meaning as in section 4(1) of the Gambling Act 2003 close-proximity business or service— (a) means a business or service to the extent that it carries on activities that it cannot undertake without— (i) (ii) physical contact, or close proximity, between people; or a worker being closer than 1 metre to the client; and (b) (c) includes a certified playgroup; but excludes— professional and
 semi-professional sports; and specified social services (i) (ii) Examples Examples of close-proximity businesses and services are massage services and hairdressing services.
contact details, in relation to a person, means— (a) (b) the name of the person; and a telephone number that may be used to easily contact the person contact record means a record of a person entering a workplace or attending a gathering that contains— (a) (b) (c) the name of the person; and the date on which and time at which the person entered the workplace or attended the gathering; and if the record is being provided to another person, a telephone number that may be used to easily contact the person who is entering the work‐ place or attending the gathering COVID-19 provision means a provision of Part 2 COVID-19 response schedule means any schedule of this order other than Schedules 1 to 4 10 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 cl 5 customers and clients— (a) (b) includes any non-paying customer or client; but in relation to an education entity, excludes students or children attending the education entity CVC means a COVID-19 vaccination certificate issued under clause 8 or 9 of the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Order 2021 CVC compliant, in relation to a person, has the meaning given by clause 6, and CVC compliance has a corresponding meaning CVC rules has the meaning given by clause 25(3) defined space has the meaning given by clause 9 designated education and care premises means the premises of— (a) (b) (c) (d) a licensed early childhood service: a registered school: an OSCAR programme: a school hostel designated premises has the
 meaning given by clause 10 district has the same meaning as in section 5(1) of the Local Government Act 2002 domestic air transport service means a public transport service that is trans‐ porting persons by air transport between places that are both in New Zealand education entity means— (a) (b) (c) (d) a licensed early childhood service: a registered school: a tertiary education provider: a school hostel event— (a) means an activity organised by a business or service— (i) that is held at— (A) (B) (C)
 commercial premises or private premises (whether indoors or outdoors); or publicly owned premises hired for the purpose of the activ‐ ity; or an outdoor area where a group of customers and clients is accompanied or supervised by a worker providing services to that group (for example, a guided tour); and 11 cl 5 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (ii) for which entry is controlled (whether through ticketing, fees, registration, or any other means); and (b) also means normal operations at cinemas, theatres, stadiums, concert venues, conference venues, casinos, and private galleries; but (c) excludes any activity at a private dwellinghouse extended bubble arrangement means an agreement by all of the residents (who are aged 18 years or over and have full capacity) of 2 or more homes or places of residence within the same area to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence for the pur‐ pose of keeping connections with family or whānau, enabling caregiving, or supporting persons living alone or otherwise isolated face covering means a covering of any type that covers the nose and mouth of a person face covering rule means the rule in clause 11 fellow resident has the meaning given by clause 12 food and drink business or service— (a) means a business or service that sells, offers, or provides food or drink for consumption to customers and clients in a workplace, such as— (i) (ii) a
 restaurant, cafe, bar, or club; and a soup kitchen or other place where food or drink is provided without charge; and (b) includes a business or service that sells, offers, or provides food or drink— (i) (ii) in a shopping mall; or as part of an event gaming machine has the same meaning as in section 4(1) of the Gambling Act 2003 gathering has the meaning given by clause 13 gym means an indoor exercise facility for which access is limited to members health service means— (a) (b) (c) a health service within the
 meaning of section 5(1) of the Health Practi‐ tioners Competence Assurance Act 2003; and treatment or social rehabilitation provided under the Accident Compen‐ sation Act 2001; and disability support services within the meaning of section 6(1) of the New Zealand Public Health and Disability Act 2000 high-risk person means a person who— (a) has been diagnosed as having COVID-19; or 12 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 cl 5 (b) (c) (d) has 1 or more COVID-19 symptoms; or is being or has been tested for COVID-19 and is awaiting a test result; or has been in close contact with someone with suspected, probable, or confirmed COVID-19 in the previous 14 days home or place of residence— (a) (b) (c) (d) (e) includes a campervan, caravan, or other vehicle or temporary structure (for example, a tent) that is a place of residence; and in the case of a building (other than an accommodation service or a school hostel), includes the land that is part of the property on which the building is situated (other than any common areas); and includes any prison, hospital, or other facility or place in which a person is detained or compulsorily placed under any legislation; and in the case of a block of flats or other building (other than an accommo‐ dation service) that has more than 1 home or place of residence, excludes the other homes or places of residence; and in the case of an accommodation service or a school hostel, includes all of the
 homes or places of residence, shared facilities (such as a kitchen, bathroom, or laundry), common areas (such as a lounge or recreation space), and land that is part of the property on which the building is situ‐ ated in-home service means a service provided to a person at the person’s home or place of residence Isolation and Quarantine Order means the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 licensed early childhood service means an education entity that is a service provider (as
 defined in section 10(1) of the Education and Training Act 2020) that is an early childhood service (as so defined) that is— (a) (b) (c) an early childhood education and care centre (as so defined) that is not a playcentre affiliated to the New Zealand Playcentre Federation; or a home-based education and care service (as so defined); or a hospital-based education and care service (as so defined) limited outdoor gathering has the meaning given by clause 50 limited purpose gathering has the meaning given by clause 49 managers of a private school has the same meaning as in section 10(1) of the Education and Training Act 2020 Maritime Border Order means the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 non-CVC rules has the meaning given by clause 25 13 cl 5 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 OSCAR programme— (a) means a programme for children’s out-of-school care and recreation approved under regulation 45 of the Social Security Regulations 2018; and (b) includes any other programmes delivered by OSCAR providers for before-school and after-school care, holiday programmes, and camps for— (i) (ii) children up to the age of 13 who are enrolled and attending school; or children aged up to 18 years who are eligible to receive a child disability allowance permitted business or service has the meaning given by clause 64 permitted event has the meaning given by clause 51 permitted gathering has the meaning given
 by clause 42 permitted movement has the meaning given by clause 86 permitted travel has the meaning given by clause 89 or 90 (as applicable) person in control has the meaning given by clause 14 person responsible, in relation to a gathering, means a person who is 1 or both of the following: (a) (b) an organiser of the gathering: a person in control of the defined space or premises in which the gather‐ ing is held physical distancing rule means— (a) (b) (c) the rule in clause 34; or the 1-metre physical
 distancing rule; or the 2-metre physical distancing rule premises includes any— (a) (b) commercial premises or private premises (whether indoors or outdoors); and premises owned or managed by central or local government (whether indoors or outdoors); and (c) vehicle public facility— (a) means premises that are— (i) (ii) owned or managed by central or local government; and used for recreational, social, community, or cultural activities or services; and 14 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 cl 5 (iii) open to the public generally (including premises where fees are charged for entry); and (iv) indoor or a mix of indoor and outdoor; but (b) (c) excludes those premises when used exclusively for an event or a gather‐ ing; and excludes recreation facilities that require membership to enter (for example, gyms) Examples Examples of public facilities are libraries, zoos, and museums.
public transport service— (a) means a service for the carriage of passengers for hire or reward that is (b) (c) available to the public generally; but excludes a school transport service; and excludes a service for the carriage of passengers for hire or reward that is hired for the purposes of— (i) (ii) a business or service; or a permitted gathering or a permitted event; and (d) always includes a service of the kind described in paragraph (a) that is provided by means of a small passenger service vehicle QR code means a unique identifying code issued by the New Zealand Govern‐ ment for the purpose of enabling contact tracing rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005 region has the same meaning as in section 5(1) of the Local Government Act 2002 registered school has the same meaning as in section 10(1) of the Education and Training Act 2020 regulated business or service has the meaning given by clause 25(3) school board has the same meaning as in section 7(1)(d) of the Crown Entities Act 2004 school hostel has the same meaning as hostel in section 10(1) of the Education and Training Act 2020 school transport service means the carriage of passengers for hire or reward that is contracted or funded by the Ministry of Education, local authorities, school boards, managers of a private school, or Auckland Transport for the sole or primary purpose of transporting children or students to and from school shared bubble arrangement means an agreement by all of the residents (who are aged 18 years or over and have full capacity) of no more than 2 homes or 15 cl 5 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 places of residence within the same area to comply with the applicable COVID-19 provisions as if they were 1 home or place of residence shared caregiver, in relation to a child, means a person who, under an agree‐ ment, or a parenting order or an interim parenting order made under the Care of Children Act 2004, has the role of providing the day-to-day care
 of the child ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 small passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998 specified in-home service has the meaning given by item 52 of Schedule 2 specified social service means a service provided under the Oranga Tamariki Act 1989, and other social services provided to support persons to maintain critical well-being and as crisis support for people who are unsafe or homeless tertiary education premises— (a) means any premises where any of the following services or activities are undertaken or provided by or on behalf of a tertiary education provider: (i) (ii) formal or informal teaching, learning, or research activities: student support and advisory services, and administrative or oper‐ ations activities; but (b) excludes the following: (i) (ii) premises that are not under the control or supervision of a tertiary education provider: premises that are designated premises or tertiary student accom‐ modation: (iii) premises at which an event is occurring tertiary education provider— (a) has the same meaning as in section 10(1) of the Education and Training Act 2020; but (b) excludes a government training establishment and a registered school transport station has the same meaning as in section 591(6) of the Local Gov‐ ernment Act 1974 transport station food and drink business or service means a food and drink business or service operating within a transport station in a space that is not its own distinct defined space transport station retail business or service means a retail business or service operating within a transport station in a space that is not its own distinct defined space travel condition has the meaning given by clause 93 16 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 cl 7 vaccination grounds means the consideration of whether or not a person— (a) (b) (c) holds a valid CVC; or holds a COVID-19
 vaccination exemption or COVID-19 vaccination authorisation; or has been vaccinated (within the meaning of the Act) or otherwise vacci‐ nated against COVID-19 Vaccinations Order means the COVID-19 Public Health Response (Vaccina‐ tions) Order 2021 valid CVC means a CVC that has not expired vehicle includes a vessel, rail vehicle, ship, aircraft, motorcycle, bicycle, or low-powered vehicle venue business means a business that provides a venue for gatherings (whether as the main or an ancillary part of the business) vulnerable person means a person who is at significant risk of serious illness if the person contracts COVID-19 worker, in relation to a business or service, means any person who carries out work in any capacity for that business or service (whether paid or unpaid) workplace— (a) means premises where work is being carried out, or is customarily car‐ ried out, for a business or service; and (b) includes premises where a worker goes, or is likely to be, while at work.
6 (1) Compare: LI 2021/263 cls 4, 13(3), 35(1) When person is CVC compliant In this order, a person is CVC compliant if the person— (a) (b) holds a valid CVC issued to that person; or is under the age of 12 years and 3 months.

(2) A person who is required under an applicable COVID-19 provision to ensure or verify that a person (person A) is CVC compliant satisfies that requirement, in relation to subclause (1)(b), if the person reasonably considers that person A is under the age of 12 years and 3 months.
7 Meaning of 1-metre physical distancing rule In this order, the 1-metre physical distancing rule— (a) (b) requires that a person remain at least 1 metre away from any other per‐ son, so far as is reasonably practicable; but applies only if the 1-metre physical distancing rule (rather than the 2- metre physical distancing rule) applies to each person referred to in para‐ graph (a) (for example, both persons are workers); and 17 cl 8 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (c) does not apply to a person in relation to their fellow residents.
Compare: LI 2021/263 cls 15(1), 22(3), 34(3) 8 Meaning of 2-metre physical distancing rule In this order, the 2-metre physical distancing rule— (a) requires that a person remain at least 2 metres away from any other per‐ son, so far as is reasonably practicable; but (b) does not apply to a person in relation to their fellow residents.
Compare: LI 2021/263 cls 15(2), 22(1), 34(1) 9 (1) Meaning of defined space In this order, defined space— (a) means any single indoor space or outdoor space; and (b) if there is more than 1 space in any premises, means a space described in paragraph (a) for which there are systems and processes in operation that ensure, so far as is reasonably practicable, that persons using the space (other than workers) do not intermingle at a distance closer than 2 metres with other persons using, entering, or leaving the premises.
(2) For the purposes of this clause,— (a) an indoor space is a single space if— (i) there are walls (whether permanent or temporary) that substan‐ tially divide that space from other spaces; and (ii) the space does not share direct airflow with another indoor space: (b) an outdoor space is a single space if— (i) (ii) there are walls (whether permanent or temporary) that substan‐ tially divide that space from other spaces; or all people in that space are separated by at least 2 metres from other people who are outside that space.
Compare: LI 2021/263 cl 4(1), (2) 10 Meaning of designated premises In this order, designated premises means— a supermarket: a dairy: a pharmacy: a petrol station: a public transport service except— (i) (ii) a domestic air transport service; or a Cook Strait ferry: (a) (b) (c) (d) (e) 18 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 cl 11 (f) premises of health services that are partly or wholly funded by— (i) the Ministry of Health: (ii) Oranga Tamariki—Ministry for Children: (iii) (iv) (v) the Ministry of Social Development: the Department of Corrections: a district health board: (vi) Veterans’ Affairs New Zealand: (vii) the Accident Compensation Corporation: (g) a school transport service: (h) Kāinga Ora housing, as defined in section 2 of the Public and Commu‐ nity Housing Management Act 1992: (i) premises let, or to be let, by or on behalf of a registered community housing provider (as defined in section 2 of the Public and Community Housing Management Act 1992), but only if the tenancy was granted as a tenancy of social housing to a tenant assessed under that Act as eligible to be allocated social housing: (j) any other housing or accommodation funded by, or under contract to,— (i) the Ministry of Housing and Urban Development, except for any grant funding or loan agreement: (ii) the Department of Corrections: (iii) Oranga Tamariki—Ministry for Children: (k) (l) (m) a housing support service funded by, or under contract to, any depart‐ ment referred to in paragraph (j): emergency accommodation provided by or funded by a government department for people in need: premises used to provide shelter or emergency and temporary housing for people in a civil defence emergency.
11 Meaning of face covering rule In this order, the face covering rule requires that a person must wear a face covering except— (a) if the person— (i) (ii) is under the age of 12 years; or has a physical or mental illness or condition or disability that makes wearing a face covering unsuitable; or (b) when taking medicine; or (c) when eating or drinking; or 19 cl 12 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (d) when in a defined or an enclosed space that is separate from the passen‐ ger area of a vehicle that is in use as part of a public transport service; or (e) (f) when communicating with a person who is deaf or hard of hearing and visibility of the mouth is essential for communication; or when asked to remove the face covering to ascertain the person’s iden‐ tity; or (g) if wearing a face covering is not safe in all of the circumstances; or (h) when in an emergency (see clause 102); or (i) when removal of, or not wearing, the face covering is otherwise required or authorised by law.
Compare: LI 2021/263 cls 12(2)(d), 13(2), 14, 24, 40 12 Meaning of fellow resident (1) In this order, fellow resident, in relation to any person (person A),— (a) means any of the following: (i) (ii) a person who resides at the same home or place of residence (other than an accommodation service) as person A: a person who resides at another home or place of residence if per‐ son A has a shared caregiver arrangement with, or in respect of, that other person: (iii) if person A is residing at an accommodation service,— (A) (B) (C) a person who is in the same accommodation service bubble arrangement as person A; or a person who resides at the accommodation service with person A and with whom person A has the same principal home or place of residence; or a person under the age of 18 years who resides with per‐ son A at the accommodation service and for whom per‐ son A is providing a specified social service; but (b) excludes another person who resides at a school hostel with person A.
(2) In subpart 10 of Part 2, fellow resident has the meaning given by subclause (1), and also means a person who resides at another home or place of residence in relation to which person A has an extended bubble arrangement or, if applic‐ able, a shared bubble arrangement.
Compare: LI 2021/263 cl 4(1) 13 Meaning of gathering In this order, gathering— 20 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 cl 14 (a) means people who are intermingling in a group but excludes people who remain at least 2 metres away from each other, so far as is reasonably practicable; and (b) includes— (i) (ii) (iii) (iv) (v) a gathering to undertake voluntary or not-for-profit sporting, rec‐ reational, social, or cultural activities: a gathering to undertake community club activities (except activ‐ ities that occur at the same time and place as services provided under a club licence under section 21 of the Sale and Supply of Alcohol Act 2012): a faith-based gathering: a funeral or tangihanga: a gathering held in a defined space or premises of a workplace (other than a vehicle in use as part of a public transport service) that have been hired for the exclusive use of the gathering by a person (other than the person who manages or controls the defined space or premises); but (c) excludes a gathering for the purpose of a business or service at— (i) (ii) (iii) (iv) (v) office workplaces; and ordinary operations at retail; and gyms; and hearings at courts and tribunals; and education entities at normal operations.
Compare: LI 2021/263 cl 4(1) 14 Meaning of person in control In this order, person in control,— (a) in relation to a defined space or premises (other than a vehicle in use as part of a public transport service),— (i) means a person who manages or controls the defined space or premises; and (ii) includes— (A) (B) any occupier of the defined space or premises; and if a facility or venue of a business or service is hired for an event or activity, that business or service; and (b) in relation to a public transport service,— (i) means a person who carries on the business of operating the pub‐ lic transport service; but 21 cl 15 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (ii) excludes a person who drives or operates a vehicle in use as part of that service (unless the driver or operator is also a person described in subparagraph (i)).
Compare: LI 2021/263 cl 4(1) 15 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Part 1 Application of COVID-19 provisions 16 (1) Guide to COVID-19 provisions and COVID-19 response schedules This order sets out in Part 2 a range of public health measures (COVID-19 provisions).
(2) However, the COVID-19 provisions do not apply unless they are specified in a COVID-19 response schedule that applies to an area (an active COVID-19 response schedule).

(3) (4) (5) 17 18 (1) The COVID-19 provisions that have been activated are those listed in an active COVID-19 response schedule (for example, see Part 2 of Schedule 6 for the COVID-19 provisions that apply at Orange).
To help readers interpret an active COVID-19 response schedule, Schedule 4 contains maps showing the boundaries of each region and each territorial authority district in New Zealand.

This clause is intended only as a guide to the relationship between the COVID-19 provisions and the active COVID-19 response schedules.
COVID-19 provision has effect only if specified in active COVID-19 response schedule A COVID-19 provision— (a) (b) does not have effect unless it is specified in an active COVID-19 response schedule; and has effect in the manner specified in that schedule and subject to any modifications in that schedule; but (c) is subject to Part 4 (which provides for exemptions).
How COVID-19 provision applies to business or service This clause applies to a COVID-19 provision that is specified in an active COVID-19 response schedule.

(2) A COVID-19 provision that applies to a business or service applies to the per‐ son who carries on that business or service.
22 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 19 (3) A COVID-19 provision that applies in relation to a particular activity applies to a business or service to the extent that the activity is carried out by the business or service.
(4) If more than 1 business or service operates in the same, or shared, premises (for example, a shopping mall, a marketplace, or a cafe that operates in an office building), each of those businesses or services must comply with the COVID-19 provision to the extent that it applies to that business or service or its activities.
Compare: LI 2021/263 cl 5 Part 2 COVID-19 provisions Subpart 1—QR codes and contact records 19 QR code must be displayed in workplaces (1) A person in control of a workplace must ensure that— (a) (b) (c) (d) a copy of a QR code for the workplace is displayed in a prominent place at or near the main entrance of the workplace; and so far as is reasonably practicable, 1 or more copies of the QR code are displayed in 1 or more prominent places elsewhere within the work‐ place; and displayed copies of the QR code are in a condition that enables the QR code to be scanned for the purpose of enabling contact tracing; and displayed copies of the QR code are not altered in a way that makes it unclear that the QR code was issued by the New Zealand Government for the purpose of enabling contact tracing.
(2) However, subclause (1)— (a) (b) does not apply if the workplace is a vehicle; and applies to the workplace of a business or service that is in a home or place of residence only if— (i) customers or clients of the business or service customarily enter the home or place of residence; or (ii) workers of the business or service customarily enter the home or place of residence (and those workers are not residents of the home or place of residence or providing a specified social ser‐ vice).
(3) In addition, subclause (1)(b) and (d) does not apply to a copy of a QR code that is displayed on a menu or at a table in a workplace.

23 Part 2 cl 20 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (4) A breach of any of subclause (1)(a) to (d) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 9 20 QR code must be displayed on public transport services (1) A person in control of a public transport service must ensure that— (a) (b) (c) (d) a copy of a QR code is displayed in a prominent place on or inside any vehicle that is in use as part of the service; and so far as is reasonably practicable, 1 or more copies of the QR code are displayed in 1 or more prominent places elsewhere inside the vehicle; and displayed copies of the QR code are in a condition that enables the QR code to be scanned for the purpose of enabling contact tracing; and displayed copies of the QR code are not altered in a way that makes it unclear that the QR code was issued by the New Zealand Government for the purpose of enabling contact tracing.
(2) However, subclause (1) does not apply in relation to a public transport service if 1 or both of the following apply: (a) all persons using the service are required to supply their contact details in order to use the service: (b) the service is a school transport service.

(3) In addition, subclause (1)(b) and (d) does not apply in relation to a vehicle that has 5 or fewer seats (including the driver’s seat).
(4) A breach of any of subclause (1)(a) to (d) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 10 21 Workplaces must have alternative contact record systems and processes (1) A person in control of a workplace must have alternative contact record sys‐ tems and processes in place to enable a contact record to be kept of,— (a) (b) in the case of a workplace described in subclause (3), all workers of that workplace entering the workplace: in the case of any other workplace, all persons aged 12 years or older entering that workplace.
(2) If the person in control of the workplace collects a contact record under sub‐ clause (1) for the sole purpose of enabling contact tracing, the person must— (a) (b) keep the record for a period of 60 days; and then dispose of the record.
(3) For the purposes of subclause (1)(a), a workplace is— (a) a transport station; or 24 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 23 (b) (c) a supermarket; or a petrol station (including any business operating out of the petrol sta‐ tion).

(4) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 11 22 Business or service must have systems and processes to ensure people entering workplace scan QR code or provide contact record (1) A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that each relevant person who enters any work‐ place of the business or service— (a) (b) scans the QR code for the workplace; or provides a contact record in accordance with the workplace’s alternative contact record systems and processes.
(2) In this clause,— relevant person means,— (a) (b) in relation to a transport station, supermarket, or petrol station (including any business operating out of the petrol station), a worker; and in relation to any other business or service, each person aged 12 years or older who is not a worker worker, in relation to a court or tribunal, includes a judicial officer of that court or tribunal.
Compare: LI 2021/263 cls 28, 44, Schedules 2, 6 Subpart 2—Face coverings 23 Person must comply with face covering rule in specified premises or circumstances (1) A person must comply with the face covering rule in the premises or circum‐ stances specified in an active COVID-19 response schedule for the purposes of this clause.

(2) However, subclause (1) does not apply to a worker who is— (a) (b) an entertainer performing at those premises; and complying with the 2-metre physical distancing rule.
(3) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
25 Part 2 cl 24 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 24 Business or service must have systems and processes to ensure workers wear face coverings (1) A business or service at which workers are required by an applicable COVID-19 provision to comply with the face covering rule must have systems and processes in place to— (a) ensure, so as far as is reasonably practicable, that workers at the work‐ place comply with the face covering rule; and (b) mitigate, so as far as is reasonably practicable, the risks of spreading COVID-19 that arise to the extent that workers are unable to wear a face covering in the circumstances described in clause 11(a)(ii).
(2) Subclause (1) does not apply to public transport operators.

Subpart 3—CVC requirements CVC requirements relating to regulated businesses and services 25 Regulated business or service must comply with CVC rules or non-CVC rules (1) A regulated business or service must, in each of its premises, operate in com‐ pliance with— (a) (b) all CVC rules; or all non-CVC rules.
(2) If the premises of a regulated business or service alternate between operating under CVC rules and non-CVC rules, the business or service must have sys‐ tems and processes in place (for example, regular cleaning of surfaces) to miti‐ gate the risks of spreading COVID-19 that arise from alternating between those rules.
(3) In this clause,— CVC rules means the COVID-19 provisions that apply to that business or ser‐ vice as specified in Part 3 of the active COVID-19 response schedule non-CVC rules means the COVID-19 provisions that apply to that business or service as specified in Part 3 of the active COVID-19 response schedule regulated business or service means a business or service of a kind specified in an active COVID-19 response schedule for the purpose of this clause.
26 Regulated business or service must display CVC status (1) A regulated business or service must display, in a prominent place at or near the main entrance of the premises, a sign— (a) indicating whether the premises are operating under CVC or non-CVC rules; and 26 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 29 (b) if operating under CVC rules, indicating that a person may enter the premises only if the person is CVC compliant.
(2) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
27 Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance (1) A regulated business or service must— (a) (b) have systems and processes in place to check that each person (including a worker) who is at the premises is carrying a CVC (other than a person who it is reasonable to believe is under the age of 12 years and 3 months); and have systems and processes in place to verify, so far as is reasonably practicable, CVC compliance in relation to a reasonable number of those people.
(2) However, the systems and processes required by subclause (1)— (a) (b) (c) do not apply in relation to an affected worker if those premises are their workplace; and are subject to clause 31(2)(a) and (b), and (3); and do not apply to designated premises.

(3) A breach of subclause (1)(a) is an infringement offence for the purposes of sec‐ tion 26(3) of the Act.
CVC requirements relating to individuals 28 Person who is not CVC compliant must not enter regulated premises that are CVC-only (1) A person who is not CVC compliant must not enter the premises of a regulated business or service that— (a) (b) is operating under CVC rules; and displays a sign in accordance with clause 26(1)(b).

(2) 29 Subclause (1) does not apply to an affected worker if those premises are their workplace.
Person must produce CVC when requested at regulated premises that are CVC-only (1) A person (including any worker) aged 12 years and 3 months or older who enters the premises of a regulated business or service that displays a sign in accordance with clause 26(1)(b) must produce their CVC when requested (on or after entering) by the business or service.
27 Part 2 cl 30 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (2) If evidence of a CVC is handed over in accordance with a request under sub‐ clause (1), the business or service must ensure that the evidence is immediately returned to the person who produced it after the evidence has been inspected.
(3) However, subclause (1)— (a) (b) does not apply to an affected worker if those premises are their work‐ place; and does not apply to a person to whom clause 31(2)(a) and (b) or (3) applies; and (c) does not apply to designated premises.

(4) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
30 Person must produce valid CVC (1) A person (person A) who is requested, in accordance with an applicable COVID-19 provision, to produce their CVC— (a) must produce a valid CVC; and (b) must not produce a CVC other than the CVC that has been issued to per‐ son A.
(2) A person who is requested, in accordance with an applicable COVID-19 provi‐ sion, to produce a CVC on behalf of a person who is not competent to do so (person B)— (a) must produce a valid CVC; and (b) must not produce a CVC other than the CVC that has been issued to per‐ son B.

(3) To avoid doubt, subclause (1) does not apply to an affected worker at their workplace.
Access must not be denied on vaccination grounds 31 Person must not be denied access to certain premises on vaccination grounds (1) A business or service in control of designated premises must not deny a person, other than a worker, entry to the premises on vaccination grounds.
(2) A person in control of designated education and care premises— (a) must not deny entry, on vaccination grounds, to the following people if they are seeking to access education services at the premises: (i) (ii) a child or student enrolled at those premises; and a parent or caregiver of that child or student unless they are a vol‐ unteer or worker at the premises; and 28 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 33 (b) must not deny entry, on vaccination grounds, to a boarder at a school hostel; but (c) may require people to be CVC compliant at a visitor-inclusive event that is hosted at the designated education and care premises.
(3) A tertiary education provider must not deny entry, on vaccination grounds, to a secondary student participating in— (a) (b) a secondary-tertiary programme held at tertiary education premises; or a school learning programme of which part is held at tertiary education premises.

(4) (5) This clause is subject to the Trespass Act 1980.
In this clause,— visitor means a person who is not ordinarily at the designated education and care premises for the purpose of receiving or providing, or assisting in or sup‐ porting the receipt or provision of, education services visitor-inclusive event means an activity that includes visitors.
32 Person must not be denied access to goods or services from certain premises on vaccination grounds (1) A business or service in control of designated premises from which goods or services are provided must not deny a person, other than a worker, access to those goods or services (whether for that person or on behalf of others) on vac‐ cination grounds.
(2) A person in control of designated education and care premises from which goods or services are provided must not deny a person to whom clause 31(2)(a) or (b) applies access to those goods or services (whether for that person or on behalf of others) on vaccination grounds.

(3) A tertiary education provider from which goods or services are provided must not deny a secondary student to whom clause 31(3) applies access to those goods or services on vaccination grounds.
(4) 33 Subclause (1) does not apply to a person in control if they are a person who resides in designated premises described in clause 10(h) to (m).
Business or service in control of premises must allow people access to designated premises (1) A business or service in control of premises (premises A) that people must enter for the purpose of accessing designated premises, or goods or services from those designated premises,— (a) must allow them to enter premises A for that purpose; and (b) may require them to enter premises A through identified access ways for designated premises only; and 29 Part 2 cl 34 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (c) must not request them to produce a CVC or other evidence of being vac‐ cinated against COVID-19, for the purpose of accessing designated premises.
(2) This clause is subject to the Trespass Act 1980.

Subpart 4—Physical distancing and capacity limits Physical distancing 34 People must maintain physical distancing so far as is reasonably practicable in specified premises or circumstances (1) A person must maintain physical distancing from any other person, so far as is reasonably practicable, in the premises or circumstances specified in an active COVID-19 response schedule for the purposes of this clause.
(2) This clause— (a) applies only if this clause (rather than the 1-metre physical distancing rule or 2-metre physical distancing rule) applies to each person referred to in subclause (1)); and (b) does not apply to a person in relation to their fellow residents.
Compare: LI 2021/263 cl 22(4) 35 People must comply with 1-metre physical distancing rule in specified premises or circumstances (1) A person must comply with the 1-metre physical distancing rule in the prem‐ ises or circumstances specified in an active COVID-19 response schedule for the purposes of this clause.

(2) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
36 People must comply with 2-metre physical distancing rule in specified premises or circumstances (1) A person must comply with the 2-metre physical distancing rule in the prem‐ ises or circumstances specified in an active COVID-19 response schedule for the purposes of this clause.

(2) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
37 Workers must keep 1 metre away from each other and 2 metres away from other people (1) A worker at a workplace other than their home or place of residence must, so far as is reasonably practicable,— (a) remain at least 1 metre away from any other worker at the workplace; and 30 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 40 (b) remain at least 2 metres away from any other person.
(2) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cls 15(1)(b), 22(3)(a), (8), 34(3)(a), (5) 38 Business or service must have systems and processes to comply with applicable physical distancing rules (1) A business or service must have systems and processes in place to— (a) maintain compliance, so far as is reasonably practicable, with any applicable physical distancing rule for all workers in a workplace of, or while working for, the business or service; and (b) maintain compliance, so far as is reasonably practicable, with any applicable physical distancing rule for any other persons entering a workplace, or using the services, of the business or service.
To avoid doubt, a business or service need not have systems and processes in place under subclause (1) to the extent that no physical distancing rule applies in relation to a person at the workplace of, using the services of, or working for the business or service.
In this clause, applicable physical distancing rule means a physical distanc‐ ing rule that a worker or any other person at the workplace must comply with as required by an active COVID-19 response schedule (through the specifica‐ tion of clause 34, 35, 36, or 37 or any other COVID-19 provision).
Compare: LI 2021/263 cls 26(1)(a), (b), 30(1)(b)–(d), (2), 41(1)(a), (b), 42(1)(a), (2), (3), (4)(a), (5) (2) (3) 39 Business or service must mitigate risk of spreading COVID-19 to extent physical distancing cannot be maintained (1) A business or service must have systems and processes in place to mitigate, so far as is reasonably practicable, the risks of spreading COVID-19 that arise to the extent that physical distancing in accordance with the applicable physical distancing rules cannot be fully maintained (for example, through regular cleaning of surfaces or the installation of plastic barriers).
(2) In this clause, applicable physical distancing rule has the same meaning as in clause 38(3).
Compare: LI 2021/263 cls 26(1)(c), 30(2)(b), 41(1)(c), 42(4)(b) Capacity limits 40 Business or service must comply with capacity limit based on specified physical distancing rule (1) A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that the number of people in a defined space at any one time does not exceed the maximum number of people who could 31 Part 2 cl 41 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 occupy the space if each person were to comply with the specified physical dis‐ tancing rule.
In this clause, specified physical distancing rule means the physical distanc‐ ing rule specified in an active COVID-19 response schedule for the purposes of subclause (1).
Business or service must comply with fixed capacity limit based on specified physical distancing rule (2) 41 (1) A business or service must ensure that the number of people in a defined space at any one time does not exceed the lesser of the following: (a) (b) the fixed number of people: the maximum number of people who could occupy the space if each per‐ son were to comply with specified physical distancing rule.
(2) In this clause,— fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (1)(a) specified physical distancing rule means the physical distancing rule speci‐ fied in an active COVID-19 response schedule for the purposes of subclause (1)(b).

Subpart 5—Gatherings General 42 No gatherings unless permitted (1) A person must not attend a gathering unless it is a permitted gathering.
(2) A person must not organise a gathering unless it is a permitted gathering.

(3) A person in control of premises must ensure that a gathering does not take place at the premises unless it is a permitted gathering.

(4) However, subclauses (1) to (3)— (a) (b) do not apply to a gathering of fellow residents; and to avoid doubt, do not apply to a gathering at premises referred to in sec‐ tion 12(2)(c) or (d) of the Act.
(5) In this clause, permitted gathering means a gathering of a kind permitted in an active COVID-19 response schedule (through the specification of any of clauses 43 to 50).

Compare: LI 2021/263 cls 4, 31, 33(1)(e), 46(2), 48, 50(1) 32 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 44 Types of CVC compliant permitted gatherings 43 Gathering of CVC compliant people permitted (1) A gathering that complies with the requirements in subclauses (2) to (5) is per‐ mitted.
(2) A person aged 12 years and 3 months or older at the gathering must produce their CVC when requested by a person responsible for the gathering.

(3) A person responsible for the gathering must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (includ‐ ing workers) who attend the gathering are people who are CVC compliant.
(4) A person responsible for the gathering— (a) must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering— (i) (ii) scans the QR code for the gathering or otherwise makes their own contact record; or provides a contact record that is kept by one of the people respon‐ sible for or attending the gathering; but (b) need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(5) A worker at the gathering must comply with the face covering rule.

(6) A breach of subclause (2) or (5) is an infringement offence for the purposes of section 26(3) of the Act.

44 Gathering of fixed number of CVC compliant people permitted (1) A gathering that complies with the requirements in subclauses (2) to (7) is per‐ mitted.

(2) A person aged 12 years and 3 months or older at the gathering must produce their CVC when requested by a person responsible for the gathering.
(3) A person responsible for the gathering must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (includ‐ ing workers) who attend the gathering are people who are CVC compliant.
(4) The gathering must not exceed the number limit, which is— (a) (b) the fixed number of people (excluding workers) in a defined space at any one time; or if the gathering is held at a private dwellinghouse, the fixed number of people (excluding workers) in the dwellinghouse at any one time.
33 Part 2 cl 45 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (5) A person responsible for the gathering must ensure that the number of people in a defined space or a private dwellinghouse (as applicable) at any one time does not exceed the number limit.
(6) A person responsible for the gathering— (a) must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering— (i) (ii) scans the QR code for the gathering or otherwise makes their own contact record; or provides a contact record that is kept by one of the people respon‐ sible for or attending the gathering; but (b) need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(7) A worker at the gathering must comply with the face covering rule.

(8) A breach of subclause (2), (5), or (7) is an infringement offence for the pur‐ poses of section 26(3) of the Act.

(9) In this clause, fixed number means the number of people specified in an active COVID-19 response schedule for the purposes of subclause (4)(a).

45 Gathering of CVC compliant people permitted if capacity limit met (1) A gathering that complies with the requirements in subclauses (2) to (7) is per‐ mitted.
(2) A person aged 12 years and 3 months or older at the gathering must produce their CVC when requested by a person responsible for the gathering.

(3) A person responsible for the gathering must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (includ‐ ing workers) who attend the gathering are people who are CVC compliant.
(4) The gathering must not exceed the maximum number of people who could occupy the space if each person were to comply with the 1-metre physical dis‐ tancing rule (the number limit).

(5) A person responsible for the gathering must ensure that the number of people in a defined space at any one time does not exceed the number limit.
(6) A person responsible for the gathering— (a) must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering— (i) scans the QR code for the gathering or otherwise makes their own contact record; or 34 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 46 (ii) provides a contact record that is kept by one of the people respon‐ sible for or attending the gathering; but (b) need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(7) A worker at the gathering must comply with the face covering rule.

(8) A breach of subclause (2), (5), or (7) is an infringement offence for the pur‐ poses of section 26(3) of the Act.

46 Gathering of CVC compliant people permitted if fixed capacity limit met (1) A gathering that complies with the requirements in subclauses (2) to (7) is per‐ mitted.

(2) A person aged 12 years and 3 months or older at the gathering must produce their CVC when requested by a person responsible for the gathering.
(3) A person responsible for the gathering must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (includ‐ ing workers) who attend the gathering are people who are CVC compliant.
(4) The gathering must not exceed the number limit, which is— (a) the lesser of the following: (i) (ii) the fixed number of people (excluding workers): the maximum number of people who could occupy the space if each person were to comply with the specified physical distancing rule; or (b) if the gathering is held at a private dwellinghouse, the fixed number of people (excluding workers) in the dwellinghouse at any one time.
(5) A person responsible for the gathering must ensure that the number of people in a defined space or a private dwellinghouse (as applicable) at any one time does not exceed the number limit.
(6) A person responsible for the gathering— (a) must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering— (i) (ii) scans the QR code for the gathering or otherwise makes their own contact record; or provides a contact record that is kept by one of the people respon‐ sible for or attending the gathering; but (b) need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact 35 Part 2 cl 47 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 tracing, every other person aged 12 years or older who is attending the gathering.
(7) A worker at the gathering must comply with the face covering rule.

(8) A breach of subclause (2), (5), or (7) is an infringement offence for the pur‐ poses of section 26(3) of the Act.

(9) In this clause,— fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (4)(a) or (b) specified physical distancing rule means the physical distancing rule speci‐ fied in an active COVID-19 response schedule for the purposes of subclause (4)(a).
Other types of permitted gatherings 47 Fixed capacity gathering permitted (1) A gathering that complies with the requirements in subclauses (2) to (5) is per‐ mitted.
(2) The gathering must not exceed the number limit, which is— (a) the lesser of the following: (i) (ii) the fixed number of people (excluding workers): the maximum number of people who could occupy the space if each person were to comply with the specified physical distancing rule; or (b) if the gathering is held at a private dwellinghouse, the fixed number of people (excluding workers) in the dwellinghouse at any one time.
(3) A person responsible for the gathering must ensure that the number of people in a defined space or a private dwellinghouse (as applicable) at any one time does not exceed the number limit.
(4) A person responsible for the gathering— (a) must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering— (i) (ii) scans the QR code for the gathering or otherwise makes their own contact record; or provides a contact record that is kept by one of the people respon‐ sible for or attending the gathering; but (b) need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
36 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 48 (5) A worker at the gathering must comply with the face covering rule.

(6) A breach of subclause (3) or (5) is an infringement offence for the purposes of section 26(3) of the Act.
(7) In this clause,— fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (2)(a) or (b) specified physical distancing rule means the physical distancing rule speci‐ fied in an active COVID-19 response schedule for the purposes of subclause (2)(a).

48 Fixed number gathering permitted (1) A gathering that complies with the requirements in subclauses (2) to (5) is per‐ mitted.
(2) The gathering must not exceed the number limit, which is— (a) (b) the fixed number of people (excluding workers) in a defined space at any one time; or if the gathering is held at a private dwellinghouse, the fixed number of people (excluding workers) in the dwellinghouse at any one time.

(3) A person responsible for the gathering must ensure that the number of people in a defined space or a private dwellinghouse (as applicable) at any one time does not exceed the number limit.
(4) A person responsible for the gathering— (a) must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering— (i) (ii) scans the QR code for the gathering or otherwise makes their own contact record; or provides a contact record that is kept by one of the people respon‐ sible for or attending the gathering; but (b) need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(5) A worker at the gathering must comply with the face covering rule.

(6) A breach of subclause (3) or (5) is an infringement offence for the purposes of section 26(3) of the Act.

(7) In this clause, fixed number means the number of people specified in an active COVID-19 response schedule for the purposes of subclause (2)(a) or (c).
37 Part 2 cl 49 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 49 Limited purpose gathering permitted (1) A limited purpose gathering is permitted, but only if the requirements in sub‐ clauses (2) to (5) are met.
(2) A person responsible for a limited purpose gathering— (a) must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering— (i) (ii) scans the QR code for the gathering or otherwise makes their own contact record; or provides a contact record that is kept by one of the people respon‐ sible for or attending the gathering; but (b) need not comply with paragraph (a) if every person aged 12 years or older at the limited purpose gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(3) In this clause, limited purpose gathering means a gathering that meets all of the following requirements: (a) the gathering is for one of the following purposes: (i) (ii) (iii) (iv) viewing a tūpāpaku or deceased person: a funeral service: a tangihanga: a wedding or civil union service: (b) (c) (d) (e) the number of attendees (excluding workers) at any one time at the gath‐ ering (the attendees) does not exceed the specified number of attendees: the number of workers at any one time at the gathering (including any celebrant, organiser, or other assistant) (the workers) does not exceed the specified number of workers: the workers comply with the 2-metre physical distancing rule (so far as is reasonably practicable in relation to attendees): if the gathering is indoors and food or drink is served, people who are eating or drinking are seated.
(4) All people at a limited purpose gathering (including workers) must comply with the face covering rule.

(5) The requirement in subclause (2)(a) does not apply to a gathering organised by a venue business (see instead clause 22).

(6) A breach of subclause (4) is an infringement offence for the purposes of section 26(3) of the Act.
(7) In this clause,— 38 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 51 specified number of attendees means the number specified in an active COVID-19 response schedule for the purposes of subclause (3)(b) specified number of workers means the number specified in an active COVID-19 response schedule for the purposes of subclause (3)(d).
Compare: LI 2021/263 cls 31(3)(c), 32 50 Limited outdoor gathering permitted (1) A limited outdoor gathering is permitted, but only if the requirements in sub‐ clauses (2) to (4) are met.

(2) In this clause, limited outdoor gathering means a gathering that meets both the following requirements: (a) (b) the gathering is held outdoors: there are no more than the fixed number of people (excluding workers) at any one time at the gathering.
(3) A person responsible for the gathering— (a) must ensure that there are systems and processes in place to ensure that, so far as is reasonably practicable, each person aged 12 years or older who attends the gathering— (i) (ii) scans the QR code for the gathering or otherwise makes their own contact record; or provides a contact record that is kept by one of the people respon‐ sible for or attending the gathering; but (b) need not comply with paragraph (a) if every person aged 12 years or older at the gathering knows, and can identify for the purposes of contact tracing, every other person aged 12 years or older who is attending the gathering.
(4) A worker at the gathering must comply with the face covering rule.

(5) A breach of subclause (4) is an infringement offence for the purposes of section 26(3) of the Act.

(6) In this clause, fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (2)(b).

Compare: LI 2021/263 cls 31(3)(ca), 32A Subpart 6—Events 51 No event unless permitted (1) A person must not attend an event unless it is a permitted event.
(2) A person must not organise an event unless it is a permitted event.

(3) A person in control of premises must ensure that an event does not take place at the premises unless it is a permitted event.

39 Part 2 cl 52 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (4) In this clause, permitted event means an event of a kind permitted in an active COVID-19 response schedule (through the specification of clause 52, 53, or 54).
52 Event permitted for CVC compliant people only (1) An event that complies with the requirements in subclauses (2) to (5) is permit‐ ted.

(2) A person (including any worker) aged 12 years and 3 months or older who enters the premises at which the event is held must produce their CVC when requested (on or after entering) by the organiser.
(3) (4) (5) The organiser of the event must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (including workers) at the event are those who are CVC compliant.

The organiser of the event must comply with clauses 19 and 21.
The organiser of the event must have systems and processes in place to ensure, so far as is reasonably practicable, that each person who enters the premises where the event is held— (a) (b) scans the QR code for the event; or provides a contact record in accordance with the organiser’s alternative contact record systems and processes.

(6) A breach of subclause (2) is an infringement offence for the purposes of section 26(3) of the Act.
53 Fixed capacity event permitted for CVC compliant people only (1) An event that complies with the requirements in subclauses (2) to (7) is permit‐ ted.

(2) A person (including any worker) aged 12 years and 3 months or older who enters the premises at which the event is held must produce their CVC when requested (on or after entering) by the organiser.
(3) The organiser of the event must have systems and processes in place to ensure, so far as is reasonably practicable, that the only people (including workers) at the event are those who are CVC compliant.

(4) The event must not exceed the lesser of the following (the number limit): (a) (b) the fixed number of people (excluding workers): the maximum number of people who could occupy the space if each per‐ son were to comply with the specified physical distancing rule.
(5) The organiser of the event must ensure that the number of people in a defined space at any one time does not exceed the number limit.

(6) The organiser of the event must comply with clauses 19 and 21.
40 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 54 (7) The organiser of the event must have systems and processes in place to ensure, so far as is reasonably practicable, that each person who enters the premises where the event is held— (a) (b) scans the QR code for the event; or provides a contact record in accordance with the organiser’s alternative contact record systems and processes.
(8) A breach of subclause (2) or (5) is an infringement offence for the purposes of section 26(3) of the Act.

(9) In this clause,— fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (4)(a) specified physical distancing rule means the physical distancing rule speci‐ fied in an active COVID-19 response schedule for the purposes of subclause (4)(b).
54 Fixed capacity event permitted (1) An event that complies with the requirements in subclauses (2) to (5) is permit‐ ted.

(2) The event must not exceed the lesser of the following (the number limit): (a) (b) the fixed number of people (excluding workers): the maximum number of people who could occupy the space if each per‐ son were to comply with the specified physical distancing rule.
(3) (4) (5) The organiser of the event for the event must ensure that the number of people in a defined space at any one time does not exceed the number limit.

The organiser of the event must comply with clauses 19 and 21.
The organiser of the event must have systems and processes in place to ensure, so far as is reasonably practicable, that each person who enters the workplace (that is, the place where the event is held)— (a) (b) scans the QR code for the workplace; or provides a contact record in accordance with the organiser’s alternative contact record systems and processes.

(6) A breach of subclause (3) is an infringement offence for the purposes of section 26(3) of the Act.
(7) In this clause,— fixed number means the number specified in an active COVID-19 response schedule for the purposes of subclause (2)(a) specified physical distancing rule means the physical distancing rule speci‐ fied in an active COVID-19 response schedule for the purposes of subclause (2)(b).
41 Part 2 cl 55 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Subpart 7—Restrictions on access 55 Business or service must have systems and processes to prevent customers entering workplace except to enable contactless collection of goods A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that no customers or clients enter the work‐ place except to the minimum extent necessary to collect goods through a method that minimises physical contact and— (a) (b) (c) does not involve entering a building; or involves entering a shopping mall, but not entering an individual store; or involves entering a building, but only to access a PO Box (including an in-person collection service at a PO Box lobby) or an in-person collec‐ tion service at a Card to Call counter operated by New Zealand Post Limited.
Compare: LI 2021/263 Schedule 2 item 27 56 New Zealand Post must have systems and processes for limited customer access New Zealand Post must have systems and processes in place that allow cus‐ tomers to have access only to 1 or both of the following: (a) (b) PO boxes (including in-person collection services at a PO Box lobby): in-person collection services at a Card to Call counter.
Compare: LI 2021/263 Schedule 2 item 12 57 Hardware and do-it-yourself store must have systems and processes for contactless or drive-through collection of goods only A business or service in control of a hardware or a do-it-yourself store must have systems and processes in place that allow customers (other than trade cus‐ tomers) to collect goods only through a method that— (a) minimises physical contact; and (b) either— (i) (ii) does not involve entering a building; or involves entering a building only for the purpose of using a facil‐ ity at which customers collect goods by having them loaded into their vehicles.
58 Shopping mall must have systems and processes to enable contactless collection of goods only A business or service in control of a shopping mall must have systems and pro‐ cesses in place that allow customers to have access only for the purpose of 42 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 63 enabling goods to be collected through a method that minimises physical con‐ tact.
Compare: LI 2021/263 Schedule 2 item 10 59 Shopping mall must have systems and processes to enable access to permitted business or service (1) A business or service in control of a shopping mall must have systems and pro‐ cesses in place that allow customers to have access only for the purpose of enabling them to have access to a permitted business or service.
(2) In this clause, permitted business or service is a business or service that a customer is permitted to have access to in accordance with an applicable COVID-19 provision.
Compare: LI 2021/263 Schedule 2 item 10 60 Business or service must have systems and processes to prevent customers entering workplace A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that— (a) (b) no customers or clients enter the workplace; and there is no close personal contact with or between customers or clients.
61 Business or service must have systems and processes to prevent customers entering workplace unless specified business or service (restrictive setting) (1) A business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that— (a) (b) no customers or clients enter the workplace; and there is no close personal contact with or between customers or clients.

(2) Subclause (1) does not apply to a specified business or service within the meaning of clause 62.
Compare: LI 2021/263 cl 30(1)(a) 62 Specified business or service permitted to let customers enter workplace (1) A specified business or service is permitted to let customers or clients enter the workplace.

(2) In this clause, specified business or service means a business or service of a kind specified in an active COVID-19 response schedule for the purposes of this clause.
Subpart 8—Restrictions on opening 63 Business or service must close premises (1) A business or service in the area must close its premises.
43 Part 2 cl 64 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (2) However, subclause (1) does not prevent a person from undertaking any neces‐ sary work in the premises for either of the following purposes: (a) minimum basic operations required to— (i) (ii) (iii) (iv) maintain the condition or value of, or clean, the premises or any plant, equipment, or goods in the premises: care for animals: receive stock or freight (including livestock): enable workers to work, or to continue to work, remotely from their homes or places of residence: (b) preparing the premises for reopening (and to meet public health guid‐ ance).
(3) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.

(4) 64 To avoid doubt, this clause does not apply to any premises referred to in section 12(2)(c) or (d) of the Act.

Compare: LI 2021/263 cl 25 Business or service must be closed unless permitted to open (restrictive setting) (1) A business or service that has premises in the area must close those premises unless it is a permitted business or service.
(2) However, subclause (1) does not prevent a person from undertaking any neces‐ sary work in the premises for either of the following purposes: (a) minimum basic operations required to— (i) (ii) (iii) (iv) maintain the condition or value of, or clean, the premises or any plant, equipment, or goods in the premises: care for animals: receive stock or freight (including livestock): enable workers to work, or to continue to work, remotely from their homes or places of residence: (b) preparing the premises for reopening (and to meet public health guid‐ ance).
(3) To avoid doubt, this clause does not apply to any premises referred to in section 12(2)(c) or (d) of the Act.

(4) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
44 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 68 (5) In this clause, permitted business or service means a business or service of a kind that is permitted by an active COVID-19 response schedule to open (through the specification of clause 65, 66, or 67).
Compare: LI 2021/263 cls 25, 30(1)(d), 42(1)(b) 65 Category 1 business or service permitted to open premises A category 1 business or service may open its premises, but only if operating in compliance with all applicable COVID-19 provisions.

66 Category 1 and 2 business or service permitted to open premises A category 1 business or service or category 2 business or service may open its premises, but only if operating in compliance with all applicable COVID-19 provisions.
67 Specified business or service permitted to open premises A business or service of a kind specified an active COVID-19 response sched‐ ule may open its premises, but only if operating in compliance with all applic‐ able COVID-19 provisions.
Subpart 9—Other requirements for businesses or services Food and drink 68 Businesses or services must comply with no consumption of food or drink requirement (1) A business or service must have systems and processes in place to prevent food and drink from being served for consumption on the premises (other than a home or place of residence).
(2) Subclause (1) does not apply to the following: (a) (b) (c) (d) (e) (f) a food and drink business or service operating in compliance with the applicable COVID-19 provisions: a business or service providing food or drink to its workers: food and drink provided on the premises of a health service: the provision of food or drink in connection with a specified social ser‐ vice: a school hostel or an accommodation service that is tertiary student accommodation: an accommodation service that provides food and drink without close personal contact between people (for example, the contactless delivery of room service in a hotel).
Compare: LI 2021/237 Schedule 2; LI 2021/263 Schedule 2 items 6–17 45 Part 2 cl 69 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 69 Customers and clients at food and drink business or service must comply with seating requirements (1) All customers and clients at a workplace of a food and drink business or ser‐ vice must— (a) (b) (c) be seated at a table, except in the circumstances described in subclause (3); and be seated at a table together in a number that does not exceed the number (if any) specified in an active COVID-19 response schedule for the pur‐ poses of this subclause; and comply, so far as is reasonably practicable, with the 1-metre physical distancing rule (rather than the 2-metre physical distancing rule) when they are not seated at a table.
(2) The requirement for customers and clients to be seated at a table does not apply if they are— (a) (b) entering premises, using a toilet or bathroom, paying, or departing from premises; or ordering or collecting food or drink, but only if doing so at premises other than on-licence premises or club licence premises.
(3) Nothing in this clause applies to— (a) (b) (c) (d) (e) an accommodation service selling or providing food or drink for resi‐ dents (including room service): a business or service providing food or drink to their workers: the provision of food or drink in connection with a specified social ser‐ vice: a vending machine that is located and used within a workplace: a cinema, theatre, or stadium selling food or drink to customers or clients when they are seated inside the cinema, theatre, or stadium: (f) the use of gaming machines operated in a class 4 venue, but only if— (i) (ii) no food or drink is served or consumed within 2 metres of the gaming machines; and no person is permitted to use a gaming machine who does not comply with the face covering rule.
(4) If a food and drink business or service holds an on-licence or a club licence and the customers or clients at the workplace are unable to meet the requirements of subclause (1) in relation to an activity, the activity is prohibited.
(5) A food and drink business or service must have systems and processes in place to ensure that— (a) there is at least a 1-metre separation between customers and clients seated at adjacent tables; and 46 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 73 (b) the requirements of subclauses (1) and (4) are met.

(6) A breach of subclause (1) or (4) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 38, Schedule 6 item 20 70 Businesses or services must have systems and processes to prevent sale of food or drink requiring work on premises A business or service must have systems and processes in place to prevent the sale or offer of food and drink that requires further preparation or packaging on premises after the sale or offer.
Compare: LI 2021/237 Schedule 2 Transport and logistics 71 Worker delivering goods must wear face covering (1) A worker delivering goods to premises must comply with the face covering rule for any part of the delivery during which they are on the property of the premises.

(2) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cls 23(7), 39(6) 72 Passengers on public transport services must be seated (1) A passenger of a vehicle that is in use as a public transport service must, so far as is reasonably practicable, remain seated when the vehicle is in motion.

(2) A public transport service must have systems and processes in place to ensure, so far as is reasonably practicable, that passengers remain seated in the vehicle when the vehicle is in motion.
(3) However, this clause does not apply to the following public transport services: (a) (b) air transport: any public transport service that supplies all passengers with a confirm‐ ation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses).

(4) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 22(5), (6), Schedule 2 item 19 73 (1) Physical distancing requirements on public transport services on specified route If a vehicle that is in use as part of a public transport service travels on a speci‐ fied route, this clause applies in respect of the entire specified route taken by that vehicle.
47 Part 2 cl 74 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Physical distancing (2) (3) If the vehicle is a public transport service other than one provided by means of air transport or a small passenger service vehicle, the business or service must have systems and processes in place to maintain compliance, so far as is reasonably practicable, with the 1-metre physical distancing rule for all persons in the vehicle.
If the vehicle is a public transport service provided by means of air transport or a small passenger service vehicle, the business or service must have systems and processes in place to maintain physical distancing, so far as is reasonably practicable, for all persons in the vehicle.
Passengers to remain seated (4) If the vehicle is a public transport service other than one described in subclause (5),— (a) (b) passengers must, so far as is reasonably practicable, remain seated in the vehicle when it is in motion; and the business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that passengers remain seated in the vehicle when it is in motion.
(5) Subclause (4) does not apply to the following public transport services: (a) (b) (c) air transport: a service that uses a small passenger service vehicle: any public transport service where the service supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses).
(6) In this clause, specified route means a route that involves a vehicle travel‐ ling— (a) between— (i) (ii) an area that is described in an active COVID-19 response sched‐ ule for the purposes of this subparagraph (location A); and an area that is described in an active COVID-19 response sched‐ ule for the purposes of this subparagraph (location B); or (b) to and from location A, if the vehicle passes through location B.
(7) A breach of subclause (4)(a) is an infringement offence for the purposes of sec‐ tion 26(3) of the Act.
Education 74 How face covering rule applies to education entities (1) A person must comply with the face covering rule while indoors at an educa‐ tion entity if they are— 48 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 76 (a) (b) (c) (d) a student receiving education services or education services of a kind specified in an active COVID-19 response schedule for the purposes of this paragraph; or a staff member working to provide, or support the provision of, that edu‐ cation; or a visitor; or a person specified in an active COVID-19 response schedule for the pur‐ poses of this paragraph.
(2) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.

(3) In this clause, visitor— (a) means a person who is not ordinarily at the education entity for the pur‐ poses of receiving or providing, or assisting in or supporting the receipt or provision of, education services; and (b) includes a person participating in inter-school activities, or attending activities at (or connected with) the education entity.
Compare: LI 2021/263 cls 22(1), 22A, 23(6) 75 How 2-metre physical distancing rule applies to education entities (1) A visitor must comply with the 2-metre physical distancing rule in relation to any non-visitor.

(2) A non-visitor must comply with the 2-metre physical distancing rule in relation to any visitor.
(3) In this clause,— non-visitor means a person at the education entity who is not a visitor visitor— (a) means a person who is not ordinarily at the education entity for the pur‐ poses of receiving or providing, or assisting in or supporting the receipt or provision of, education services; and (b) includes a person participating in inter-school activities, or attending activities at (or connected with) the education entity.
Compare: LI 2021/263 cls 22(1), 22A, 23(6) 76 Registered school, licensed early childhood service, and school hostel must have systems and processes to keep appropriately sized and stable groups (1) A registered school must have systems and processes in place to keep children, students, and teachers in groups that are appropriately sized and stable.
(2) A licensed early childhood service must have systems and processes in place to keep children and teachers, so far as is reasonably practicable, in groups that are appropriately sized and stable.

49 Part 2 cl 77 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (3) A school hostel must have systems and processes in place to keep students and staff, so far as is reasonably practicable, in groups that are appropriately sized and stable.
77 Education entities must have systems and processes to manage numbers of students on site An education entity must have systems and processes in place to manage num‐ bers of students on site (including by allowing for part-time physical attend‐ ance).
Compare: LI 2021/263 Schedule 2 item 16 78 Tertiary education provider must have systems and processes to verify CVC compliance A tertiary education provider must have systems and processes in place to ver‐ ify, so far as is reasonably practicable, CVC compliance in relation to a reason‐ able number of people at the tertiary education premises.
79 Tertiary education provider must have systems and processes to ensure only workers enter premises A tertiary education provider must have systems and processes in place to ensure, so far as is reasonably practicable, that— (a) (b) the only persons who enter the tertiary education premises are workers; and the workers remain on the premises only to the extent necessary for those workers to provide distance or online learning.
Retail 80 Greengrocers, butchers, and fishmongers must be indoors and have fixed location (1) This clause applies to the following businesses or services: (a) (b) (c) greengrocers: butchers: fishmongers.

(2) The business or service may open only if its premises are indoors and have a fixed location.

(3) A breach of subclause (2) is an infringement offence for the purposes of section 26(3) of the Act.
Gyms, sports, and other exercise Outdoor sports facilities must close indoor parts This clause applies to the following outdoor sports facilities: 81 (1) 50 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 83 (a) (b) (c) (d) (e) golf courses: tennis courts: bowling greens: croquet lawns: an outdoor sports facility specified in an active COVID-19 response schedule for the purposes of this subclause.
(2) The person in control of the outdoor sports facility must close all indoor parts of the facility to customers and clients.

(3) A breach of subclause (2) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 Schedule 2 Venue businesses 82 Venue businesses must have systems and processes to ensure venue used only for limited purpose gatherings A venue business must have systems and processes in place to ensure that the venue is used only for the purpose of a limited purpose gathering.

Miscellaneous 83 (1) (2) In-home services must have systems and processes to keep contact records of workers This clause applies to a business or service that provides an in-home service.
The business or service must have systems and processes in place to ensure, so far as is reasonably practicable, that a contact record is kept in respect of each home or place of residence entered by its workers to provide an in-home ser‐ vice.

(3) If the business or service keeps a contact record for the sole purpose of enabling contact tracing, the business or service must— (a) (b) keep the record for a period of 60 days; and then dispose of the record.
(4) In this clause, contact record means, in respect of each home or place of resi‐ dence entered,— (a) (b) (c) the name of each worker who entered the home or place of residence; and the address of the home or place of residence; and the date and time the home or place of residence was entered.
Compare: LI 2021/263 cl 29 51 Part 2 cl 84 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 84 Specified in-home services must ensure only certain people present when service provided (1) A business or service providing a specified in-home service must ensure that the only people present when the service is provided are,— (a) in the case of real estate or property relocation services, the following: (i) (ii) residents of the home or place of residence: residents of 1 other home or place of residence who are inspecting the property for the purposes of relocation, or who are relocating to the property: (iii) the minimum number of workers required to provide the service: (b) in the case of legal services to execute documents, the following: (i) (ii) (iii) (iv) person A: a fellow resident of person A: the minimum number of workers required to provide the service: up to 2 other people if those other people are necessary to enable the execution of the document: (c) in any other case, the following: (i) (ii) person A: a fellow resident of person A: (2) 85 (iii) the minimum number of workers required to provide the service.
In this clause, person A means the person for whom an in-home service is pro‐ vided at their home or place of residence.

Compare: LI 2021/263 Schedule 2 Specified in-home service may be provided if needed to address risk to health or safety A business or service may provide a specified in-home service only if the pro‐ vision of the service is necessary to address a risk to health or safety.
Compare: LI 2021/237 Schedule 2 item 39 Subpart 10—Restrictions on movement and related requirements Movement within area under localised lockdown 86 Person must stay at home except when undertaking permitted movement (1) A person must, except when undertaking permitted movement,— (a) (b) remain at their current home or place of residence; and if their home or place of residence is mobile, keep that home or place of residence in the same general location.
52 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 87 (2) In this clause, permitted movement means movement of a kind that is permit‐ ted by an active COVID-19 response schedule to be made (through the specifi‐ cation of clause 87 or 88).

(3) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 20 87 Category 1 movement within area permitted (1) A person is permitted— (a) (b) to leave their home or place of residence to undertake category 1 permit‐ ted movement within the area (and then return directly to their home or place of residence afterwards); and if the person’s home or place of residence is mobile, to move that home or place of residence to the extent that the person would be permitted (if it were not mobile) to leave the home or place of residence under para‐ graph (a).
(2) In this clause, category 1 permitted movement means movement to do 1 or more of the following: Accessing businesses or services (1) to access any business or service if— (a) (b) the access is for the person’s own needs or on behalf of a fellow resident, a vulnerable person, or a high-risk person; and the business or service is the nearest business or service of that kind; and (c) the business or service is— (i) (ii) a business or service that is exempt under clauses 102 to 104; or a business or service of a kind that is permitted to let cus‐ tomers or clients enter the workplace under clause 62; or (iii) in any other case, a permitted business or service: Working (2) (3) (4) to provide a business or service that is exempt under clauses 102 to 104 if they are a worker referred to in clause 103(1) or 104(p): to provide a business or service operating in compliance with all applic‐ able COVID-19 provisions: to undertake necessary work under clause 64(2) at premises that would otherwise be closed: Limited recreation purposes (5) to undertake exercise or other recreation if— 53 Part 2 cl 87 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (a) 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 (b) it is done in compliance with— (i) (ii) the applicable physical distancing rules; and clause 42 (no gatherings unless permitted); and (c) it does not involve
 swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, craft (whether motor‐ ised or not), or motorised equipment, hunting in motorised vehicles, tramping, flying manned aircraft, paragliding, or hang gliding; and (d) it does not involve any other activities that expose the participant to danger or may require search and rescue services: Limited customary purposes (6) to exercise Māori customary rights to fishing and food gathering if— (a) it is done in an outdoor place
 that is readily accessible (including by using their vehicle) from their home or place of residence; and (b) it is done in compliance with— (i) (ii) the applicable physical distancing rules; and clause 42 (no gatherings unless permitted); and (c) it does not involve swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, craft (whether motor‐ ised or not), or motorised equipment, hunting in motorised vehicles, tramping, or flying manned aircraft; and (d) 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 (7) to visit or stay at another home or place of residence under a shared bub‐ ble arrangement if— (a) (b) one person lives alone in one, or both, of those residences; or all persons in one of those residences are vulnerable persons: (8) if the person is a child leaving the home or place of residence of a shared caregiver, to visit or stay at the home or place of residence of another shared caregiver provided that the residents of the homes or places of residence of the shared caregivers are part of the same shared bubble arrangement: Care of children and others (9) to provide urgent care for a child or to provide care or support to a per‐ son in a critical or terminal condition: 54 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 87 (10) to provide childcare for a worker doing work described in paragraph (2), (3), or (4), or who is exempt from clause 86 pursuant to an exemption granted by the Director-General under clause 105, if— (a) the worker has to leave their home or place of residence to work and has no one in their shared bubble arrangement who is able to provide childcare; and (b) the person who provides the childcare— (i) (ii) is the only person outside the worker’s home, place of resi‐ dence, or shared bubble arrangement who provides the worker with
 childcare; and does not provide childcare to any other person and acts as if they were in a shared bubble arrangement with the worker: (11) to convey children to, or from, the home or place of residence of a per‐ son providing childcare if the conveying person is the worker, or the childcare provider, described in paragraph (10): Accessing health services (12) to access a health service, including to receive a vaccination: Accessing judicial institutions (13) 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 (14) to leave or change their home or place of residence as required by— (a) a court order (except an order relating to parenting or guardian‐ ship); or (b) anyone exercising a power under any enactment to— (i) (ii) order the person to be detained; or order the person to change their place of detention; or (iii) determine the person’s place of residence: Example of power A direction of the New Zealand Parole Board or a probation officer.
(15) to leave or change a home or a place of residence after a period of requirement, detention, or determination described in paragraph (14): Leaving or relocating home from hospital, etc (16) to leave or change a home or a place of residence that is a hospital, another residential health service, or residential care: 55 Part 2 cl 87 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Leaving New Zealand (17) if leaving New Zealand for another jurisdiction, to go to— (a) (b) an airport or a port from which the person will leave New Zea‐ land; or any managed isolation and quarantine facility immediately before leaving New Zealand: Emergencies (18) if necessary, to preserve their own or any other person’s life or safety: Relocating home or business premises (19) to change their home or place of residence if necessary to use a tempor‐ ary or an emergency home or place of residence (for example, for care while sick or to seek refuge in women’s refuge accommodation): Going home after isolation or quarantine (or arrival) (20) to go to the person’s home or place of residence (or intended home or place of residence) following— (a) (b) the completion of their period of isolation or quarantine under the Isolation and Quarantine Order, the Maritime Border Order, or an order under section 70 of the Health Act 1956; or if none of those orders apply to the person, their arrival in New Zealand: Services for tūpāpaku or deceased person (21) to collect or accompany a tūpāpaku or deceased person, but only
 if— (a) (b) the total number of people collecting or accompanying the tūpā‐ paku or deceased person (including the person operating the vehicle) is no more than 10; and the people collecting or accompanying the tūpāpaku or deceased person (other than the person operating the vehicle) are fellow residents of each other: (22) to provide, or assist with providing, services to a tūpāpaku or deceased person (including washing, dressing, shrouding, or otherwise preparing for burial or cremation): (23) to view a
 tūpāpaku or deceased person, but only if— (a) (b) the total number of people viewing the tūpāpaku or deceased per‐ son at any time is no more than 10; and the people viewing the tūpāpaku or deceased person at any time (other than the person having charge of the tūpāpaku or deceased person) are fellow residents of each other: 56 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 88 Caring for pets or other animals (24) if necessary, to care for pets or other animals that they own or are in charge of: Undertaking cross-boundary travel in accordance with clause 93 (25) to travel in accordance with clause 93: Collecting certain persons (26) to collect a person referred to in paragraph (14), (15), (16), or (20) for the purpose of accompanying them to their home or place of residence (or intended principal home or place of residence) in New Zealand: Assisting fellow resident (27) to assist a fellow resident to carry out movement permitted under this clause or clause 88 (as applicable) or to accompany a fellow resident carrying out such movement, but only to the extent permitted for that fellow resident under this clause or clause 88 (as applicable).
(3) In this clause, applicable physical distancing rule means a physical distanc‐ ing rule that a person must comply with as required by an active COVID-19 response schedule (through the specification of clause 34, 35, 36, or 37 or any other COVID-19 provision).
Compare: LI 2021/237 cl 21; LI 2021/263 cl 21 88 Category 1 and 2 movement within area permitted (1) A person is permitted— (a) (b) to leave their home or place of residence to undertake any of the follow‐ ing within the area (and then return directly to their home or place of residence afterwards): (i) (ii) category 1 permitted movement: category 2 permitted movement; and if the person’s home or place of residence is mobile, to move that home or place of residence to the extent that the person would be permitted (if it were not mobile) to leave that home or place of residence under para‐ graph (a).
(2) In this clause, category 2 permitted movement means movement to do 1 or more of the following: (a) (b) Attending education entities to attend any education entity if permitted to do so by the education entity in compliance with all applicable COVID-19 provisions: Working to work at an education entity if the education entity is operating in com‐ pliance with all applicable COVID-19 provisions: 57 Part 2 cl 88 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Limited recreation purposes (c) to undertake exercise or other recreation if— (i) it is done in an outdoor place appropriate for that kind of exercise or recreation; and (ii) it is done in compliance with— (A) (B) the applicable physical distancing rules; and clause 42 (no gatherings unless permitted): Limited customary purposes (d) to exercise Māori customary rights to fishing and food gathering if— (i) (ii) it is done in an outdoor place; and it is done in compliance with— (A) (B) the applicable physical distancing rules; and clause 42 (no gatherings unless permitted): (e) (f) (g) (h) Extended bubble arrangements and shared caregiver arrangements to visit or stay at another home or place of residence if the residents of both homes or places of residence are part of an extended bubble arrangement: if the person is a child leaving the home or place of residence of a shared caregiver, to visit or stay at the home or place of residence of another shared caregiver provided that the residents of the homes or places of residence of the shared caregivers are part of the same extended bubble arrangement: Visiting residential disability care to visit a person in residential disability care (as defined in section 4(1) of the Health and Disability Services (Safety) Act 2001) if permitted to do so by the care provider: Relocating home or business premises to relocate their home or place of residence or business premises on a permanent or long-term basis, or leave their home or place of residence to arrange or carry out the relocation
 (including to inspect the property or a potential property): Gatherings (i) to attend a gathering specified in an active COVID-19 response schedule for the purposes of this paragraph: Services for tūpāpaku or deceased person (j) to collect or accompany a tūpāpaku or deceased person, but only if— 58 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 89 (i) (ii) the total number of people collecting or accompanying the tūpā‐ paku or deceased person (including the person operating the vehicle) is no more than 10 (excluding workers); and the people collecting or accompanying the tūpāpaku or deceased person (other than the person operating the vehicle) are fellow residents of each other: (k) to provide, or assist with providing, services to a tūpāpaku or deceased person (including washing, dressing, shrouding, or otherwise preparing for burial or cremation): (l) to view a tūpāpaku or deceased person, but only if— (i) (ii) the total number of people viewing the tūpāpaku or deceased per‐ son at any time is no more than 10 (excluding workers); and the people viewing the tūpāpaku or deceased person at any time (other than the person having charge of the tūpāpaku or deceased person) are fellow residents of each other: Family group conferences (m) to attend family group conferences convened in accordance with the Oranga Tamariki Act 1989.
(3) In this clause, applicable physical distancing rule means a physical distanc‐ ing rule that a person must comply with as required by an active COVID-19 response schedule (through the specification of clause 34, 35, 36, or 37 or any other COVID-19 provision).
Compare: LI 2021/263 cl 21 Cross-boundary travel: Overview 89 Person must not travel out of area unless undertaking permitted travel (1) A person must not travel out of the area in which the person’s home or place of residence is located except when undertaking permitted travel.
(2) For the purposes of subclause (1), a person does not travel across the boundary of the area just because— (a) (b) the person is travelling along a road that forms part of the boundary; or both of the following apply: (i) (ii) the person’s property is divided by the boundary; and the person is accessing a part of that property.

(3) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
59 Part 2 cl 90 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (4) In this clause, permitted travel means travel of a kind that is permitted by an active COVID-19 response schedule (through the specification of clause 91, 92, or 93).

Compare: LI 2021/263 cl 17(1), (3) 90 Person must not undertake cross-boundary travel unless permitted (restrictive setting) (1) A person must not travel across the boundary of the area except when under‐ taking permitted travel.
(2) For the purposes of subclause (1), a person does not travel across the boundary just because— (a) (b) the person is travelling along a road that forms part of the boundary; or both of the following apply: (i) (ii) the person’s property is divided by the boundary; and the person is accessing a part of that property.

(3) A breach of subclause (1) is an infringement offence for the purposes of section 26(3) of the Act.
(4) In this clause, permitted travel means travel of a kind that is permitted by an active COVID-19 response schedule (through the specification of clause 91, 92, 93, or 94).

Cross-boundary travel: CVC or alternative 91 Cross-boundary travel permitted if person is CVC compliant A person is permitted to go into, out of, or through another area if the person is CVC compliant.
92 Cross-boundary travel permitted if person has evidence of negative COVID-19 test result (1) A person is permitted to go into, out of, or through another area if they meet the requirements of subclause (2).
(2) The person must carry evidence of— (a) (b) a negative result from a COVID-19 test administered no more than 72 hours before their journey began; or a certificate that verifies that the person was examined by a medical practitioner no more than 72 hours before their journey began and that the person— (i) was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and (ii) did not exhibit symptoms of COVID-19.
60 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 94 Cross-boundary travel: Restrictive setting 93 Cross-boundary travel for specified purposes permitted but travel conditions may apply (1) A person is permitted to go into, out of, or through another area (and return to their home or place of residence afterwards) if— (a) (b) the travel is for 1 or more of the purposes set out in the second column of Schedule 3; and the person, so far as is reasonably practicable, travels directly without stopping while in the other area (except for the purpose of that travel described under paragraph (a) or for a permitted airport transfer); and (c) the person complies with the travel conditions (if any).
(2) In this clause,— permitted airport transfer means a stop by a person at an airport for the pur‐ pose of transferring to an aircraft to go to another place in New Zealand or out‐ side New Zealand, but only if— (a) (b) the person does not leave the airport except to board a departing flight or to stay in temporary accommodation; and the person’s departing flight is scheduled to depart within 24 hours after the person enters the airport travel condition means a requirement (set out in the third column of Schedule 3) that must be complied with by a person travelling for a purpose set out in the second column of Schedule 3.
Compare: LI 2021/263 cl 17(1) 94 Cross-boundary travel through area permitted if person does not stop in area (1) A person is permitted to go into, through, and out of the area (in 1 trip) for a purpose described in subclause (2), but only if— (a) (b) (c) neither the place of departure nor the destination is in the area; and it is necessary to travel through the area for that purpose; and the person complies with clause 95.
(2) Subclause (1) applies to 1 or more of the following purposes: (a) (b) (c) going to, or returning from, work: going to the person’s principal home or place of residence: relocating their home or place of residence or business premises on a permanent or long-term basis, or leaving their home or place of resi‐ dence to arrange or carry out the relocation (including to inspect the property or a potential property): 61 Part 2 cl 95 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (d) (e) (f) (g) (h) attending an education entity that they ordinarily attend for the purposes of receiving education services: attending a funeral, tangihanga, wedding, or civil union service: collecting or accompanying a tūpāpaku or deceased person: if the person is a child, going to visit or stay at, or returning from visiting or staying at, the home or place of residence of a shared caregiver: if the person is a fellow resident of a child, conveying or accompanying the child going to the home or place of residence of a shared caregiver or collecting the child for that purpose.
Compare: LI 2021/263 cl 18(3), (4) Cross-boundary travel: Travel conditions 95 Person must carry evidence of purpose (1) A person must carry evidence of the purpose of their travel and the location of their destination.

(2) The evidence may (but need not) be or include a document issued by the New Zealand Government for the purposes of this clause.
Compare: LI 2021/263 cl 19 96 Person must carry evidence of negative COVID-19 test result (1) A person must carry evidence of— (a) (b) a negative result from a COVID-19 test administered no more than 72 hours before their journey began; or a certificate that verifies that the person was examined by a medical practitioner no more than 72 hours before their journey began and that the person— (i) was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and (ii) did not exhibit symptoms of COVID-19.
(2) The person must, when requested by an enforcement officer, produce evidence of— (a) (b) a negative result from a COVID-19 test; or a certificate.

(3) However, this clause does not apply to— a person under the age of 12 years; or a person who has travelled into the other area under item 11 or 12 of Schedule 3 and is then travelling out of the area to return to their home or place of residence.
(a) (b) 62 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 2 cl 97 (4) A breach of subclause (2) is an infringement offence for the purposes of section 26(3) of the Act.
(5) In this clause, clause 97, and clause 98,— certificate means— (a) written verification provided by the medical practitioner who carried out the examination; or (b) any other appropriate evidence that the Director-General has specified COVID-19 test means any applicable examination or test (or both) for COVID-19 that the Director-General has specified Director-General has specified, in relation to a certificate or COVID-19 test, means specified by the Director-General in a notice published— (a) on a publicly accessible Internet site maintained by or on behalf of the New Zealand Government; and (b) in the Gazette.
Compare: LI 2021/263 cl 19C(1), (2), (3), (5), (6) 97 Person must carry evidence of having had COVID-19 test (non-work activities) (1) A person must carry— (a) (b) evidence of having had a COVID-19 test administered no more than 7 days before their journey began; or a certificate that verifies that the person was examined by a medical practitioner no more than 7 days before the journey began and that the person— (i) was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and (ii) did not exhibit symptoms of COVID-19.
(2) The person must, when requested by an enforcement officer, produce evidence of— (a) (b) having had a COVID-19 test; or a certificate.

(3) However, this clause does not apply to— (a) (b) a person under the age of 12 years; or a person who has travelled into the other area under item 11 or 12 of Schedule 3 and is then travelling out of the area to return to their home or place of residence.
63 Part 2 cl 98 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (4) A breach of subclause (2) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 19C(1), (2), (3), (4), (6) 98 Person must carry evidence of having had COVID-19 test (work activities) (1) A person must carry, as facilitated by their employer (if any) under clause 100,— (a) (b) evidence of having had a COVID-19 test administered no more than 7 days before their journey began; or a certificate that verifies that the person was examined by a medical practitioner no more than 7 days before the journey began and that the person— (i) was determined to have particular physical or other needs that made it inappropriate for the person to undergo a COVID-19 test; and (ii) did not exhibit symptoms of COVID-19.
(2) The person must, when requested by an enforcement officer, produce evidence of— (a) (b) having had a COVID-19 test; or a certificate.

(3) However, this clause does not apply to a person under the age of 12 years.

(4) A breach of subclause (2) is an infringement offence for the purposes of section 26(3) of the Act.
Compare: LI 2021/263 cl 19A Cross-boundary travel: Other requirements 99 Business or service must minimise cross-boundary travel undertaken by workers A business or service must have systems and processes in place to, so far as is reasonably practicable,— (a) minimise travel undertaken by workers into or out of the area; and (b) mitigate the risks of spreading COVID-19 that arise to the extent that its workers undertake that travel.
Compare: LI 2021/263 cls 27, 43 100 Certain businesses or services must facilitate testing and medical examination for workers undertaking cross-boundary travel (1) A business or service described in subclause (2) must— (a) have systems and processes in place, so far as is reasonably practicable, to ensure that its workers are not required to travel into or out of the area 64 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 3 cl 101 unless the worker has evidence of having had a COVID-19 test adminis‐ tered no more than 7 days before the worker’s journey began; and (b) not prevent its workers from reporting for and undergoing testing, med‐ ical examination, or both during their working hours, if testing and med‐ ical examination are available during those hours.
(2) For the purposes of subclause (1), a business or service means any of the fol‐ lowing: (a) (b) a business or service referred to in item 1 of Schedule 3: a business or service whose workers may need to travel into or out of the area in order to undertake necessary work under clause 64(2) at premises that would otherwise be closed.
Compare: LI 2021/263 cl 19B Part 3 Restriction on relocating principal home or place of residence 101 Person must not change principal home or place of residence following Director-General notice restricting travel for that purpose (1) Subclause (2) applies if— (a) a person has— (i) (ii) a principal home or place of residence located in an area (location A); and another home or place of residence available for their use in a dif‐ ferent location (location B), which may be in the same area as or a different area to the area referred to in subparagraph (i); and (b) (c) the Government of New Zealand has announced an intention to impose restrictions on movements across boundaries by amendment to this order; and the Director-General directs, by notice made in accordance with sub‐ clause (4), that subclause (2) applies to location A.
(2) The person must not travel from location A to location B for the purpose of relocating to the home or place of residence in location B.
(3) However, subclause (2) does not apply if the person is relocating their home or place of residence as a result of— (a) (b) (c) starting new employment; or purchasing or renting a new principal home or place of residence; or attending a tertiary education provider or completing a course of study at a tertiary education provider; or 65 Part 4 cl 102 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (d) returning to a school hostel and intending to stay at that school hostel until the end of the current school year.
(4) The notice must— (a) (b) describe location A; and state that it is proposed to impose restrictions on movements across boundaries by amendment to this order.

(5) The notice is revoked no later than 48 hours after it comes into force (and may not be extended or replaced).

(6) A notice made under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(7) In this clause,— area does not have the meaning given by clause 5 home or place of residence does not include a home or place of residence described in paragraph (c) of the definition of that term in clause 5.
Compare: LI 2021/263 cl 16A Legislation Act 2019 requirements for secondary legislation referred to in this clause LA19 ss 69, 73, Publication 74(1)(aa) Presentation Disallowance The maker must publish it in accordance with the Legislation (Publication) Regulations 2021, unless it is published by PCO The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) of the Legislation Act 2019 It may be disallowed by the House of Representatives, unless it is excluded by section 115 of the Legislation Act 2019 LA19 s 114 LA19 ss 115, 116 This note is not part of the Order.
Part 4 Exemptions Subpart 1—General exemptions 102 Exemption for emergencies Nothing in this order prevents any person from assisting in, or responding to, an emergency.

Compare: LI 2021/263 cl 52 103 Exemption for health services (1) Nothing in this order applies to the provision of health services, or to workers who provide those services, except as specified in subclause (2).
(2) The exceptions are as follows: 66 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 4 cl 104 (a) (b) the order applies to pharmacies in the manner specified in an active COVID-19 response schedule and subject to any modifications in that schedule: the following COVID-19 provisions apply to any other health services in the manner specified in an active COVID-19 response schedule and sub‐ ject to any modifications in that schedule: (i) (ii) (iii) (iv) (v) (vi) clause 19 (QR code must be displayed in workplaces): clause 21 (workplaces must have alternative contact record sys‐ tems and processes): clause 22 (business or service must have systems and processes to ensure people entering workplace scan QR code or provide con‐ tact record): clause 31 (person must not be denied access to certain premises on vaccination grounds): clause 32 (person must not be denied access to goods or services from certain premises on vaccination grounds): clause 33 (business or service in control of premises must allow people access to designated premises).
Compare: LI 2021/263 cl 53 104 Other exemptions Nothing in this order applies— (a) (b) (c) (d) (e) to border services (including law enforcement activities related to border services) provided by Immigration New Zealand, the New Zealand Cus‐ toms Service, Maritime New Zealand, or the Ministry for Primary Indus‐ tries: to residential centres (including care and protection and youth justice residences), family homes, and group homes (including family group homes and community-based remand centres) that are approved or recognised for the time being by the chief executive of Oranga Tama‐ riki—Ministry for Children as a place of care or treatment for the pur‐ poses of the Oranga Tamariki Act 1989: within a corrections prison as defined in section 3(1) of the Corrections Act 2004 or any premises managed by or on behalf of the Department of Corrections: to custodial or detention services managed by the New Zealand Police, the Department of Corrections, or the Ministry of Justice, or within a courthouse: to the administration of sentences and orders by the Department of Cor‐ rections or on its behalf: 67 Part 4 cl 104 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) to people being transported for the purposes of the Department of Cor‐ rections and New Zealand Police fulfilling their purposes and perform‐ ing their functions and duties: to the New Zealand Parole Board: to the New Zealand Security Intelligence Service: to the Government
 Communications Security Bureau: to the New Zealand Defence Force: to the New Zealand Police: to Fire and Emergency New Zealand: to lifesaving, maritime assistance, search, and rescue services (including training, patrolling, and other work needed to ensure preparedness for those services) provided by any of the following: (i) (ii) the Royal New Zealand Coastguard: Surf Life Saving New Zealand: (iii) Land Search and Rescue: (iv) Amateur Radio Emergency Communications: to civil defence emergency management services
 provided or coordina‐ ted by the National Emergency Management Agency and Civil Defence Emergency Management Groups: to managed isolation or quarantine services for COVID-19 or 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: to workers carrying out any business or service referred to in any of paragraphs (a) to (o): to Parliament and parliamentary staff in relation to parliamentary busi‐ ness: (r) to officers of Parliament in relation to— (i) (ii) parliamentary business; or undertaking their statutory functions: (s) (t) to Ministers of the Crown and ministerial staff, in relation to Govern‐ ment business: to people who are enforcement officers carrying out their functions and exercising their powers under the Act.
Compare: LI 2021/263 cl 53 68 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 4 cl 106 Subpart 2—Director-General may grant exemptions 105 Power for Director-General to grant exemptions from this order (1) The Director-General may exempt any class of persons, businesses, services, or goods (or any person, business, service, or goods) from the application of any provision of this order or from the requirement to comply with any provision of this order in accordance with this clause.
(2) The Director-General may grant an exemption if 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 that gave rise to the exemption.
(3) In determining whether the condition in subclause (2)(a) is satisfied for an exemption from clause 89 (person must not travel out of area unless under‐ taking permitted travel), the Director-General must take into account— (a) (b) the extent to which the travel is reasonably necessary, including whether it could reasonably be delayed; and the economic, social, or health benefits associated with the purpose of the travel; and (c) the public health risk associated with the travel and its purpose.
(4) The Director-General may impose conditions on the exemption as the Director- General considers necessary.

Compare: LI 2021/263 cl 54 106 How exemptions are notified or published (1) An exemption granted under clause 105 for any specified person, business, ser‐ vice, or goods must be notified in writing to— (a) (b) the applicant; and in the case of an exemption for any specified person, business, or ser‐ vice, the exempt person, business, or service.
(2) An exemption granted under clause 105 for any class of persons, businesses, services, or goods is secondary legislation (a class exemption) (see Part 3 of the Legislation Act 2019 for publication requirements).

(3) However, a class exemption, or an amendment to a class exemption, may come into force before it is published if the Director-General is satisfied that the exemption or amendment should come into force urgently.
(4) In that case,— (a) the effect of the class exemption (or, in the case of an amendment to a class exemption, the effect of the amendment) must be publicly announced before it comes into force; and 69 Part 5 cl 107 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (b) the class exemption or amendment to a class exemption must be pub‐ lished under the Legislation Act 2019 as soon as practicable after it comes into force.
Compare: LI 2021/263 cl 54 Legislation Act 2019 requirements for secondary legislation referred to in this clause LA19 ss 69, 73, Publication 74(1)(aa) Presentation Disallowance The maker must publish it in accordance with the Legislation (Publication) Regulations 2021, unless it is published by PCO The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) of the Legislation Act 2019 It may be disallowed by the House of Representatives, unless it is excluded by section 115 of the Legislation Act 2019 LA19 s 114 LA19 ss 115, 116 This note is not part of the Order.
Part 5 Revocation and consequential amendments Subpart 1—Revocation 107 Revocation The COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021 (LI 2021/263) is revoked.

Subpart 2—Amendment to COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 108 Principal order This subpart amends the COVID-19 Public Health Response (Maritime Bor‐ der) Order (No 2) 2020.
109 Clause 17 amended (General requirement to remain in isolation or quarantine) Replace clause 17(4A)(c) with: (c) the port or place of the ship’s last departure from a port or place in New Zealand, at the time of departure, was at alert level 1, or at Green or Orange under the COVID-19 Protection Framework.

Subpart 3—Amendments to COVID-19 Public Health Response (Required Testing) Order 2020 110 Principal order This subpart amends the COVID-19 Public Health Response (Required Test‐ ing) Order 2020.
70 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Part 5 cl 114 111 Clause 6 amended (Application of order) In clause 6(1), replace “alert level 3 area” with “affected area”.

112 Part 1A heading amended In the Part 1A heading, replace “alert level 3 area” with “affected area”.
113 Clause 12A amended (Interpretation) (1) In clause 12A, insert in its appropriate alphabetical order: affected area means the area that is for the time being described in Part 1 of Schedule 8 of the COVID-19 Public Health Response (Protection Framework) Order 2021 (2) In clause 12A, revoke the definition of alert level 3 area.

114 Clause 12B amended (Application of this Part) In clause 12B, replace “alert level 3 area” with “affected area”.
71 Schedule 1 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Schedule 1 Transitional, savings, and related provisions cl 15 Part 1 Provisions relating to this order as made 1 Existing exemptions continued (1) An exemption granted by the Director-General and described in subclause (2) continues in force on and after commencement of this order as if it had been granted under clause 105 of this order, and is subject to the same conditions (if any) as applied before commencement.
(2) The exemptions are any exemptions in force at the time of the revocation of any of the following: (a) (b) (c) clause 44 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021: clause 51 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) 2021: clause 54 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021.
Compare: LI 2021/263 Schedule 1 cl 3 2 Registered schools to operate under former order until 31 December 2021 (1) Until the close of 31 December 2021, the following provisions of the former order continue to apply in relation to all registered schools in Auckland: (a) (b) (c) clause 22 (to the extent it relates to clause 22A) and clause 22A; and clauses 23(1), (5A), (5B), (9), and (10), and 24: clause 30 and item 16 of Schedule 2.
(2) Despite clause 107 of this order, the provisions listed in subclause (1) apply— (a) with all necessary modifications as if the former order were still in force; and (b) as if references to the alert level 3 area were references to Auckland.
(3) Until the close of 31 December 2021, the following provisions of the former order continue to apply in relation to all registered schools in the rest of New Zealand: (a) (b) clause 34 (to the extent it relates to clause 36) and clause 36; and clause 42 and item 16 of Schedule 6.
(4) Despite clause 107 of this order, the provisions listed in subclause (3) apply— 72 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 1 (a) (b) with all necessary modifications as if the former order were still in force; and as if references to the alert level 2 area were references to the rest of New Zealand.
(5) In this clause,— Auckland means the area described in Part 1 of Schedule 3 of the former order former order means the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021.
73 Schedule 2 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Schedule 2 Category 1 and 2 businesses or services Type of business or service Item Primary industries and related businesses and services 1 Primary industries (which means food and beverage processing, packaging, and production for both domestic consumption or export, plus the relevant support services) and veterinary and animal health and welfare services Pest management services Essential operations of pulp and paper plants Forestry and wood product processing for which the travel between areas is reasonably necessary to enable the business or service to be provided and where the provision of the business or service cannot reasonably be delayed without substantial implications for the supply chain 2 3 4 cls 5, 65, 66 Category 1 Category 2 ✓ ✓ ✓ ✓ Essential infrastructure, security, utilities, communication, and Government services 5 Building, construction, and maintenance services required for 1 or both of the following: ✓ (a) (b) to address immediate risks to health and safety: nationally important infrastructure In this item, nationally important infrastructure means infrastructure that enables or supports supply chains that are needed for 1 or both of the following: (a) (b) to provide for the current needs of people and communities: to enable or support the recovery of the whole or any part of New Zealand from the effects of COVID-19 Entities with statutory responsibilities for building and resource consenting that is necessary to enable the building, construction, and maintenance services referred to in item 5 Security services (including locksmiths) Key utilities, which means utilities that provide for the production, supply, sale, distribution, or disposal of 1 or more of the following: (a) (b) (c) (d) (e) (f) (g) electricity: gas: water: wastewater (for example, sanitation): waste (for example, rubbish collection and recycling): liquid or solid fuel: telecommunications services (as defined in section 5 of the
 Telecommunications Act 2001) Key communications, which— 6 7 8 9 74 ✓ ✓ ✓ ✓ 2021/386 Item 10 11 12 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 2 Type of business or service (a) means news (including news production) and broadcast media; and (b) includes delivery of newspapers for non-English- language material audiences or communities that have limited access to digital connectivity and are hard to reach due to physical location Government services, including services provided by State services and local authorities, but only if— (a) (b) the service is a regulatory, defence, or social service, or relates to the COVID-19 response or infrastructure; and provision of the service cannot reasonably be delayed (for example, because a delay would breach an obligation under an enactment, risk harm to people or communities, or risk damage to the environment) In this item, State services has the same meaning as in section 5 of the Public Service Act 2020 and local authority has the same meaning as in section 5(1) of the Local Government Act 2002 Foreign Government (maintaining critical operations of foreign missions based in New Zealand) Critical financial services carried out by banks, non-bank lenders, licenced insurers, money remitters and money transfer operators, financial product market operators, broking services, payment and settlement system providers, custodians, registry services, EFTPOS infrastructure and management services, payments architecture services, and credit bureaus In this item, critical financial services means the performance of 1 or more of the following: (a) (b) (c) (d) (e) processing and maintaining systems for processing critical financial transactions and services (including payment, clearing, and settlement; wholesale funding; insurance services; card re-issue; fraud monitoring; and capital markets activities): facilitating critical financial and capital market transactions, enabling secondary trading of financial
 products, and enabling access to capital for businesses and investment or return (or both) of capital for investors: facilitating the manufacture of and distribution of critical infrastructure to other category 1 businesses or services: providing consumers and businesses access to credit and lending services: providing essential in-person insurance and financial support for customers who are either or both of the following: (i) customers who need assistance from carers: Category 1 Category 2 ✓ ✓ ✓ 75 Schedule 2 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Item Type of business or service Category 1 Category 2 (ii) customers who are unable to use remote insurance or financial services Transport and logistics 13 The following services: (a) (b) (c) postal and courier services: freight services (including those for transporting livestock) provided by means of road, rail, air, or sea: any other transport and logistics services, including those provided at or through an aerodrome or a port Transport stations Passenger services provided by means of road, rail, air, or sea (excluding public transport services provided by means of air transport or small passenger service vehicles) Public transport services provided by means of air transport or small passenger service vehicles Public transport services (other than those provided by means of air transport, small passenger service vehicles, ferries, or boats, or any public transport service where the service supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter-regional buses)) Public transport services provided by ferries or boats, and any public transport service where the service supplies all passengers with a confirmation of their guaranteed seat on booking (including Cook Strait ferries and inter- regional buses) Rental car services or car share services Health services (other than pharmacies) Pharmacies Drug and alcohol testing
 services required for work purposes by— (a) (b) a permitted business or service; or a business or service that is exempt under clauses 102 to 104 Drug and alcohol testing services necessary for work purposes Services provided for deceased persons or tūpāpaku (including washing, dressing, shrouding, or otherwise preparing for burial or cremation) Health Social welfare services 25 Social and community-based services provided to support persons to maintain critical well-being or as crisis support for people who are unsafe or homeless Services provided under Oranga Tamariki Act 1989 Food banks 26 27 76 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 2021/386 Item 28 COVID-19 Public Health Response (Protection Framework) Order 2021 Type of business or service Cooked food delivery services (but only if referred by the Ministry of Social Development, a District Health Board, or the Accident Compensation Corporation) (for example, Meals on Wheels) Category 1 ✓ Schedule 2 Category 2 Justice sector 29 30 Courts and tribunals Justice sector (other than the justice sector businesses or services specified elsewhere in this schedule) Science and research 31 Scientific services (including research organisations) of the following kind or provided by the following entities or facilities: (a) (b) (c) (d) (e) ESR, GNS, GeoNet, NIWA, MetService: services involved in COVID-19 response, including laboratories and Physical Containment level 3 (PC3) facilities: services
 involved in hazard monitoring and resilience: services involved in diagnostics for critical businesses or services like biosecurity, food safety, or public health: other significant research facilities, including animal facilities, clinical trials, and infrastructure that requires constant attention (for example, samples, collections, and storage facilities), that are important to New Zealand Education 32 33 34 35 Accommodation 36 Retail 37 38 39 40 Entities required to provide distance or online learning
 for primary or secondary education Education entities (except licensed early childhood services) Early childhood services School hostels Accommodation services Supermarkets Dairies Retail greengrocers, butchers, or fishmongers Food delivery services for uncooked food suppliers (including greengrocers, butchers, or fishmongers), bakeries, or alcohol suppliers Licensing trusts operating in Waitakere and Portage, but only in respect of the sale of alcohol under an off-licence Petrol stations, including any stores operating as part of the petrol station The retail business of New Zealand Post Limited Sale of essential non-food consumer products (via online ordering and contactless delivery) that are necessary for 41 42 43 44 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 77 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Category 1 Category 2 Type of business or service people to remain healthy and safe while isolating, to work or study from home, and to stay in communication with whānau and friends and remain up to date with news and health information, including— (a) (b) (c) (d) (e) (f) (g) (h) necessary clothing, footwear, and bedding: urgently required whiteware and appliances (for example, refrigerators, heaters, washing machines and dryers, vacuum cleaners, fans, and dehumidifiers): urgently required cooking, cleaning, and laundry equipment: medicinal and hygiene products (for example, medication, PPE, first aid products, soaps, shampoos,
 moisturisers, and hand sanitisers): urgently required items for transport maintenance (for example, bicycle and automotive parts and repair kits): materials for urgent home repair: urgently required communication devices (for example, mobile phones, computer equipment, modems and Internet equipment, televisions, and radios): urgently required educational materials and books: Schedule 2 Item 45 46 urgently required home office equipment (i) Self-service laundries Hardware and do-it-yourself stores, but only for the
 purpose of selling to trade customers Hardware and do-it-yourself stores Banks Shopping malls 47 48 49 Gyms, sport, and other exercise 50 The following outdoor sports facilities: (a) (b) (c) (d) golf courses: tennis courts: bowling greens: croquet lawns Events and venues 51 If clause 49 is specified in Part 2 of an active COVID-19 response schedule, venues for limited purpose gatherings permitted under that clause Miscellaneous 52 The following specified in-home services: (a) (b) (c) a building, construction, or maintenance service: a housing service provided by landlords and property managers: a real estate or property relocation service: 78 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 2021/386 Item COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 2 Type of business or service (d) a home-help service (including a cleaning service) for persons who require assistance because of sickness or disability: Category 1 Category 2 (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) a utility service relating to gas, electricity, water, waste, waste water, or liquid or solid fuel: a telecommunications service (as defined in section 5 of the Telecommunications Act 2001): an information technology maintenance or repair service: a security service (including a locksmith): a veterinary service or animal health and welfare service: a pest management service: the delivery, installation, or maintenance of consumer goods: a Government service (within the meaning of item 10 of this schedule):
 a building or resource consenting service (for example, building inspections and geotechnical inspections): a gardening or landscaping service: a service for deceased persons or tūpāpaku: a legal service to execute documents, but only if— (i) (ii) the execution of the document is urgently required; and it is not reasonably practicable for the service to be provided through electronic means, such as under a relevant immediate modification order made under the Epidemic Preparedness Act 2006: 53 54 Other 55
 (q) a mobile mechanic or mobile windscreen repair service.
Veterinary services and animal health and welfare services Unions, if reasonably necessary to provide a service that cannot reasonably be delayed (for example, because a delay would risk the health and safety of workers) The essential operations of the following businesses or services: (a) the Transport Accident Investigation Commission ✓ ✓ ✓ 79 Schedule 2 Item 56 COVID-19 Public Health Response (Protection Framework) Order 2021 Type of business or service Businesses or services necessary, during the period that the business or service is operating in the area, to maintain any of the following: (a) (b) another permitted business or service: a business or service that is exempt under clauses 102 to 104 Category 1 ✓ Compare: LI 2021/237 Schedule 2; LI 2021/263 Schedule 2 2021/386 Category 2 80 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 3 Schedule 3 Purposes for which cross-boundary travel is permitted and related travel conditions Purpose of travel Travel conditions cls 89, 90, 93 Item Working 1 2 3 4 6 Go to or carry out work for a category 1 business or service and, if necessary, stay in no more than 1 place as temporary accommodation Go to or carry out work for any of the following businesses or services and, if necessary, stay in no more than 1 place as temporary accommodation: (a) (b) property relocation services for a person who is relocating their principal home or place of residence: registered schools that students in years 9 to 13 are permitted to attend under a
 direction given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020 Undertake necessary work under clause 64(2) at premises of a business or service that are in the same or an adjacent area and, if necessary, stay in no more than 1 place as temporary accommodation If the person is a person referred to in clauses 102 to 104, go to or carry out work and, if necessary, stay in no more than 1 place as temporary accommodation If the person is a child leaving the home or place of residence of a shared caregiver, go to visit or stay at the home or place of residence of another shared caregiver If the person is a fellow resident of a child, convey or accompany the child going to the home or place of residence of a shared caregiver or collect the child for that purpose Shared caregiver arrangements 5 The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 98 (person must carry evidence of having had COVID-19 test (work activities)).


The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 98 (person must carry evidence of having had COVID-19 test (work activities)).

The person must comply with clause 95 (person must carry evidence of purpose).
The person must comply with clause 97 (person must carry evidence of having had COVID-19 test (non-work activities)).

The person must comply with clause 97 (person must carry evidence of having had COVID-19 test (non-work activities)).
81 Schedule 3 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Purpose of travel Item Care of children and others 7 Provide urgent care for a child, or provide care or support to a person in a critical or terminal condition, if no other appropriate person is able to provide that care or support in the area in which it is needed Travel conditions Education 8 9 10 If the person is a student in years 0 to 13 at a registered school, attend that registered school Return to a school hostel, but only if the person intends to stay at that school hostel until the end of the current school year If the person is a student at a tertiary education provider, attend that tertiary education provider Accessing health services with appointment Receive an injection of the Pfizer/ 11 BioNTech COVID-19 vaccine, if the facility providing the vaccine is the nearest such facility to the person’s home or place of residence 12 Attend a scheduled appointment to receive another kind of health service Leaving or relocating home from hospital, etc 13 Leave or change a home or a place of residence that is a hospital, another residential health service, or residential care Accessing judicial institutions if required or permitted 14 Attend a court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution The person must comply with clause 95 (person must carry evidence of purpose).
The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).

The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 97 (person must carry evidence of having had COVID-19 test (non- work activities)).
The person must comply with— (a) clause 95 (person must carry evidence of purpose); and (b) clause 97 (person must carry evidence of having had COVID-19 test (non- work activities)) The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 97 (person must carry evidence of having had COVID-19 test (non- work activities)).
The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).

The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).
82 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 3 Purpose of travel Item Accessing embassy, high commission, or consulate with appointment 15 Attend a scheduled appointment at an embassy, high commission, or consulate Travel conditions The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 97 (person must carry evidence of having had COVID-19 test (non- work activities)).
The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).

The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).

The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).
Leaving or relocating home on court order, etc 16 Leave or change their home or place of residence as required by— (a) (b) a court order (except an order relating to parenting or guardianship); or anyone exercising a power under any enactment to— (i) (ii) (iii) order the person to be detained; or order the person to change their place of detention; or determine the person’s place of residence 17 Example of power A direction of the New Zealand Parole Board or a probation officer Leave or change a home or a place of residence after a period of requirement, detention, or determination described in item 16 Leaving New Zealand 18 If leaving New Zealand for another jurisdiction, go to— (a) (b) an airport or a port from which the person will leave New Zealand; or any managed isolation or quarantine facility immediately before leaving New Zealand Emergencies 19 If necessary, preserve their own or any other person’s life or safety Going home after isolation or quarantine (or arrival) in New Zealand 20 Go to the person’s principal home or place of residence (or intended principal home or place of residence) in New Zealand following— The person must comply with clause 95 (person must carry evidence of purpose).
83 Schedule 3 Item COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Travel conditions Purpose of travel (a) the completion of their period of isolation or quarantine under the Isolation and Quarantine Order, the Maritime Border Order, or an order under section 70 of the Health Act 1956; or (b) if none of those orders apply to the person, their arrival in New Zealand Caring for pets or other animals 21 Without limiting item 3, to provide care, or enable care to be provided, for pets or other animals, but only if— (a) (b) a breach of the Animal Welfare Act 1999 could result if the care were not provided; and the travel between areas is necessary to provide the care or enable it to be provided Going home 22 Go to the person’s principal home or place of residence (not being a school student who has relied on item 9 to travel to a school hostel) Relocating home or place of residence 23 Relocate their home or place of residence on a permanent or long-term basis as a result of— 24 (a) (b) starting new employment: purchasing or renting a new principal home or place of residence Relocate their home or place of residence as a result of attending a tertiary education provider or completing a course of study at a tertiary education provider Collecting certain persons 25 Collect a person referred to in item 13, 16, 17, 20, 22, 23, or 24, for the purpose of accompanying them to their home or place of residence (or intended home or place of residence) in New Zealand The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 97 (person must carry evidence of having had COVID-19 test (non- work activities)).
The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).

The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).

The person must comply with— (a) (b) clause 95 (person must carry evidence of purpose); and clause 96 (person must carry evidence of negative COVID-19 test result).
84 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 3 Purpose of travel Item Accompanying others 26 Accompany any person (person B) travelling for any other purpose in this schedule, if it is reasonably necessary for them to accompany person B Travel conditions The person must comply with the same travel conditions as person B.
Compare: LI 2021/263 cls 18(2B), (2C), 19(1)(b), (ba), Schedule 5 85 Schedule 4 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Schedule 4 Maps of regions and territorial authority districts in New Zealand cl 16 Part 1 Regions 86 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 4 87 Schedule 4 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Part 2 Districts 88 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 4 89 Schedule 5 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Schedule 5 Green (not active) Part 1 Application cl 17 1 2 Application This schedule currently does not apply to an area.
Description of area No area is specified.

Guidance note See the Government COVID-19 website (https://covid19.govt.nz/) for a detailed boundary map, or see Schedule 4 for indicative maps of the boundaries of each region and each territorial authority district in New Zealand.
Part 2 COVID-19 provisions that have effect Clause cl 19 cl 20 cl 21 cl 22 Brief description QR codes and contact records QR code must be displayed in workplaces QR code must be displayed on public transport services Workplaces must have alternative contact record systems and processes Business or service must have systems and processes to ensure people entering workplace scan QR code or provide contact record Face coverings Person must comply with face covering rule in specified premises or circumstances cl 23 90 Modification Clause 22 applies only to— (a) (b) (c) (d) (e) (f) (g) close-proximity businesses or services: courts and tribunals: food and drink businesses or services: gyms: health services (including pharmacies): public facilities: specified social services.
For the purposes of clause 23, a person must comply with the face covering rule— (a) when on board a domestic air transport service: 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 5 Clause Brief description Modification (b) if they are a worker of a close- proximity business or service that is displaying a sign stating that the premises are operating under non- CVC rules.
cl 24 cl 25 cl 28 cl 29 cl 30 cl 31 cl 32 cl 33 cl 35 Business or service must have systems and processes to ensure workers wear face coverings CVC requirements relating to regulated businesses and services Regulated business or service must comply with CVC rules or non-CVC rules (see Part 3 of this schedule) For the purposes of clause 25, the regulated businesses or services are the following: (a) food and drink businesses or services: (b) (c) close-proximity businesses and services: gyms.
CVC requirements relating to individuals Person who is not CVC compliant must not enter regulated premises that are CVC-only Person must produce CVC when requested at regulated premises that are CVC-only Person must produce valid CVC Access must not be denied on vaccination grounds Person must not be denied access to certain premises on vaccination grounds Person must not be denied access to goods or services from certain premises on vaccination grounds Business or service in control of premises must allow people access to designated premises Physical distancing and capacity limits People must comply with 1-metre physical distancing rule in specified premises or circumstances For the purposes of clause 35, a person must comply with the 1-metre physical distancing rule if— cl 42 cl 43 cl 47 Gatherings No gatherings unless permitted Gathering of CVC compliant people permitted Fixed capacity gathering permitted (a) (b) the person is a customer or a client on the premises of a close-proximity business or service; and the business or service displays a sign indicating that the premises are operating under non-CVC rules, in accordance with clause 26(1)(a).
(1) For the purposes of clause 47(2)(a) and (b), the fixed number is 100.

91 Schedule 5 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Clause Brief description Modification (2) For the purposes of clause 47(2)(a), the specified physical distancing rule is the 1-metre physical distancing rule.
cl 51 cl 52 cl 54 cl 83 Events No event unless permitted Event permitted for CVC compliant people only Fixed capacity event permitted Other requirements In-home services must have systems and processes to keep contact records of workers (1) (2) For the purposes of clause 54(2)(a), the fixed number is 100.

For the purposes of clause 54(2)(b), the specified physical distancing rule is the 1-metre physical distancing rule.
Part 3 CVC rules and non-CVC rules Subpart 1—Food and drink businesses or services Brief description Clause The CVC rules that apply to a food and drink business or service are as follows: cl 26 Modification Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance Regulated business or service must display CVC status Business or service must comply with fixed capacity limit based on specified physical distancing rule The non-CVC rules that apply to a food and drink business or service are as follows: cl 26 Clause 27 does not apply to— (a) (b) transport station food and drink businesses or services: airline lounge food and drink businesses or services.
(1) (2) For the purposes of clause 41(1)(a), the fixed number of people is 100.

For the purposes of clause 41(1)(b), the specified physical distancing rule is the 1-metre physical distancing rule.

(3) Clause 41 does not apply to— (a) (b) (c) transport station food and drink businesses or services: airline lounge food and drink businesses or services: food and drink businesses or services on board a vehicle in use as part of a public transport service.
cl 27 cl 41 92 2021/386 Clause cl 69 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 5 Brief description Customers and clients at food and drink business or service must comply with seating requirements Modification Subpart 2—Close-proximity businesses and services Brief description Clause The CVC rules that apply to a close-proximity business or service are as follows: cl 26 Modification The non-CVC rules that apply to a close-proximity business or service are as follows: cl 24 cl 27 cl 26 cl 38 cl 39 Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance Business or service must have systems and processes to ensure workers wear face coverings* Regulated business or service must display CVC status Business or service must have systems and processes to comply with applicable physical distancing rules† Business or service must mitigate risk of spreading COVID-19 to extent physical distancing cannot be maintained† *See also the item relating to clause 23 in Part 2 of this schedule †See also the item relating to clause 35 in Part 2 of this schedule Subpart 3—Gyms Brief description Clause The CVC rules that apply to a gym are as follows: cl 26 Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance The non-CVC rules that apply to a gym are as follows: cl 26 Regulated business or service must display CVC status Business or service must comply with fixed capacity limit based on specified physical distancing rule cl 27 cl 41 Modification (1) (2) For the purposes of clause 41(1)(a), the fixed number of people is 100.
For the purposes of clause 41(1)(b), the specified physical distancing rule is the 1-metre physical distancing rule.

93 Schedule 5 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Part 4 Miscellaneous 3 4 How to read clause references In this schedule, a clause reference in a table is a reference to a clause in Part 2 of this order.
Relationship with other COVID-19 response schedules If there is an inconsistency between this schedule and any other COVID-19 response schedule, the other schedule prevails.

94 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 6 Schedule 6 Orange (rest of New Zealand) cl 17 Part 1 Application 1 2 Application This schedule applies to the area described in clause 2 of this schedule.
Description of area The area is the whole of New Zealand, except the area described in Part 1 of Schedule 7.

Guidance note See the Government COVID-19 website (https://covid19.govt.nz/) for a detailed boundary map, or see Schedule 4 for indicative maps of the boundaries of each region and each territorial authority district in New Zealand.
Part 2 COVID-19 provisions that have effect Clause cl 19 cl 20 cl 21 cl 22 Brief description QR codes and contact records QR code must be displayed in workplaces QR code must be displayed on public transport services Workplaces must have alternative contact record systems and processes Business or service must have systems and processes to ensure people entering workplace scan QR code or provide contact record cl 23 Face coverings Person must comply with face covering rule in specified premises or circumstances Modification Clause 22 applies only to— (a) (b) (c) (d) (e) (f) (g) close-proximity businesses or services: courts and tribunals: food and drink businesses or services: gyms: health services (including pharmacies): public facilities: specified social services.
For the purposes of clause 23, a person must comply with the face covering rule— (a) when on board a domestic air transport service: 95 Schedule 6 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Clause Brief description Modification (b) when at arrival and departure points for public transport services: (c) (d) when on public transport services (excluding ships that do not have an enclosed space for passengers): when at the premises of the following businesses or services, while they are on the parts of the premises that are open to the public: (i) (ii) (iii) (iv) retail businesses or services: public facilities (excluding swimming pools): pharmacies: veterinary services and animal health and welfare services: (e) when in an indoor public area of the following businesses or services: (i) (ii) (iii) (iv) a court or tribunal, except that a judicial officer may exercise discretion regarding the use of face coverings in the room where the hearing is held: a specified social service: a public area of premises operated by New Zealand Post Limited, including a customer service counter: premises operated by a central government agency, a local authority, or the New Zealand Police: when on the premises of a health service other than a pharmacy, but only if the person is not a patient or worker of the health service: if the person is a worker at a food and drink business or service, but only when they are working with customers or clients on the premises of the food and drink business or service: if the person is a worker at a close- proximity business or service, but only when they are working with customers or clients on the premises of, or in the course of carrying out the activities of, the business or service, and only so far as is reasonably practicable.
(f) (g) (h) Business or service must have systems and processes to ensure workers wear face coverings CVC requirements relating to regulated businesses and services cl 24 96 2021/386 Clause cl 25 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 6 Brief description Regulated business or service must comply with CVC rules or non-CVC rules (see Part 3 of this schedule) Modification For the purposes of clause 25, the regulated businesses or services are the following: (a) (b) (c) food and drink businesses or services: close-proximity businesses and services: gyms.
cl 28 cl 29 cl 30 cl 32 cl 33 cl 40 cl 42 cl 43 cl 47 cl 51 cl 52 cl 71 cl 83 CVC requirements relating to individuals Person who is not CVC compliant must not enter regulated premises that are CVC-only Person must produce CVC when requested at regulated premises that are CVC-only Person must produce valid CVC Access must not be denied on vaccination grounds Person must not be denied access to goods or services from certain premises on vaccination grounds Business or service in control of premises must allow people access to designated premises Physical distancing and capacity limits Business or service must comply with capacity limit based on specified physical distancing rule (1) Clause 40 applies only to— (a) (b) public facilities: retail businesses or services, except transport station retail businesses or services.
Gatherings No gatherings unless permitted Gathering of CVC compliant people permitted Fixed capacity gathering permitted Events No event unless permitted Event permitted for CVC compliant people only Other requirements Worker delivering goods must wear face covering In-home services must have systems and processes to keep contact records of workers (2) For the purposes of clause 40(1), the specified physical distancing rule is the 1-metre physical distancing rule.
(1) (2) For the purposes of clause 47(2)(a) and (b), the fixed number is 50.

For the purposes of clause 47(2)(a), the specified physical distancing rule is the 1-metre physical distancing rule.
97 Schedule 6 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Part 3 CVC rules and non-CVC rules Subpart 1—Food and drink businesses or services Brief description Clause The CVC rules that apply to a food and drink business or service are as follows: cl 26 Modification Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance Clause 27 does not apply to— (a) (b) (c) transport station food and drink businesses or services: airline lounge food and drink businesses or services: food and drink businesses or services on board a vehicle in use as part of a public transport service.
The non-CVC rules that apply to a food and drink business or service are as follows: cl 26 Regulated business or service must display CVC status Business or service must have systems and processes to prevent customers entering workplace except to enable contactless collection of goods Subpart 2—Close-proximity businesses and services Brief description Clause The CVC rules that apply to a close-proximity business or service are as follows: cl 26 Modification Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance Regulated business or service must display CVC status Business or service must have systems and processes to prevent customers entering workplace The non-CVC rules that apply to a close-proximity business or service are as follows: cl 26 cl 27 cl 55 cl 27 cl 60 98 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 6 Subpart 3—Gyms Modification Brief description Clause The CVC rules that apply to a gym are as follows: cl 26 Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance The non-CVC rules that apply to a gym are as follows: cl 26 Regulated business or service must display CVC status Business or service must have systems and processes to prevent customers entering workplace cl 27 cl 60 Part 4 Miscellaneous 3 How to read clause references In this schedule, a clause reference in a table is a reference to a clause in Part 2 of this order.
4 (1) (2) Relationship with other COVID-19 response schedules If there is an inconsistency between this schedule and Schedule 5, this schedule prevails.

If there is an inconsistency between this schedule and any other COVID-19 response schedule, the other schedule prevails.
99 Schedule 7 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Schedule 7 Red (Northland, Auckland, and specified areas in North Island) cl 17 Part 1 Application 1 Application This schedule applies— (a) (b) (c) to the area described in clause 2 of this schedule; and to any property if a part of it is in the area; and to any other place if necessary for the purpose of enforcing the require‐ ments in a place referred to in paragraph (a) or (b).
Compare: LI 2021/263 cls 6, 8 2 Description of area The area includes— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) the area within the boundaries of the Northland region as shown on LG-01-2019-Con-1; and the area within the boundaries of the Auckland region as shown on LGC-Ak-R1; and the area within the boundaries of the Rotorua district as shown on SO 58044; and the area within the boundaries of the Kawerau district as shown on SO 57977; and the area within the boundaries of the Whakatāne district as shown on SO 61545; and the area within the boundaries of the Ōpōtiki district as shown on SO 334312; and the area within the boundaries of the Gisborne district as shown on LG-028-2016-W-1; and the area within the boundaries of the Wairoa district as shown on SO 10547; and the area within the boundaries of the Taupō district as shown on LG-021-2019-W-1; and the area within the boundaries of the Ruapehu district as shown on SO 36054; and the area within the boundaries of the Whanganui district as shown on SO 36047; and 100 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 7 (l) the area within the boundaries of the Rangitikei district as shown on LG-038-2013-W-1.
Guidance note See the Government COVID-19 website (https://covid19.govt.nz/) for a detailed boundary map, or see Schedule 4 for indicative maps of the boundaries of each region and each territorial authority district in New Zealand.
Part 2 COVID-19 provisions that have effect Clause cl 19 cl 20 cl 21 cl 22 Brief description QR codes and contact records QR code must be displayed in workplaces QR code must be displayed on public transport services Workplaces must have alternative contact record systems and processes Business or service must have systems and processes to ensure people entering workplace scan QR code or provide contact record cl 23 Face coverings Person must comply with face covering rule in specified premises or circumstances Modification Clause 22 applies only to— (a) (b) (c) (d) (e) (f) (g) close-proximity businesses or services: courts and tribunals: food and drink businesses or services: gyms: health services (including pharmacies): public facilities: specified social services.
For the purposes of clause 23, a person must comply with the face covering rule— (a) (b) (c) (d) when on board a domestic air transport service: when at arrival and departure points for public transport services: when on public transport services (excluding ships that do not have an enclosed space for passengers): when at the premises of the following businesses or services, while they are on the parts of the premises that are open to the public: (i) (ii) (iii) (iv) retail businesses or services: public facilities (excluding swimming pools): pharmacies: veterinary services and animal health and welfare services: 101 Schedule 7 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Clause Brief description Modification (e) when in an indoor public area of the following businesses or services: (i) (ii) (iii) (iv) a court or tribunal, except that a judicial officer may exercise discretion regarding the use of face coverings in the room where the hearing is held: a specified social service: a public area of premises operated by New Zealand Post Limited, including a customer service counter: premises operated by a central government agency, a local authority, or the New Zealand Police: when on the premises of a health service other than a pharmacy, but only if the person is not a patient or worker of the health service: when indoors at tertiary education premises: when indoors at a licensed early childhood service, but only if the person is a visitor within the meaning of clause 74(2): if the person is a worker at a food and drink business or service, but only when they are working with customers or clients on the premises of the food and drink business or service: if the person is a worker at a close- proximity business or service, but only when they are working with customers or clients on the premises of, or in the course of carrying out the activities of, the business or service, and only so far as is reasonably practicable.
(f) (g) (h) (i) (j) Business or service must have systems and processes to ensure workers wear face coverings CVC requirements relating to regulated businesses and services Regulated business or service must comply with CVC rules or non-CVC rules (see Part 3 of this schedule) For the purposes of clause 25, the regulated businesses or services are the following: (a) food and drink businesses or services: (b) (c) (d) close-proximity businesses and services: gyms: tertiary education providers.
cl 24 cl 25 102 2021/386 Clause cl 28 cl 29 cl 30 cl 31 cl 32 cl 33 cl 40 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 7 Modification Brief description CVC requirements relating to individuals Person who is not CVC compliant must not enter regulated premises that are CVC-only Person must produce CVC when requested at regulated premises that are CVC-only Person must produce valid CVC Access must not be denied on vaccination grounds Person must not be denied access to certain premises on vaccination grounds Person must not be denied access to goods or services from certain premises on vaccination grounds Business or service in control of premises must allow people access to designated premises Physical distancing and capacity limits Business or service must comply with capacity limit based on specified physical distancing rule (1) Clause 40 applies only to— (a) (b) public facilities: retail businesses or services, except transport station retail businesses or services.
cl 42 cl 46 Gatherings No gatherings unless permitted Gathering of CVC compliant people permitted if fixed capacity limit met cl 48 Fixed number gathering permitted cl 51 cl 53 cl 71 cl 83 Events No event unless permitted Fixed capacity event permitted for CVC compliant people only Other requirements Worker delivering goods must wear face covering In-home services must have systems and processes to keep contact records of workers (2) For the purposes of clause 40(1), the specified physical distancing rule is the 1-metre physical distancing rule.
(1) For the purposes of clause 46(4)(a) and (b), the fixed number is 100.

(2) For the purposes of clause 46(4)(a), the specified physical distancing rule is the 1-metre physical distancing rule.

For the purposes of clause 48(2)(a) and (b), the fixed number is 25.

(1) (2) For the purposes of clause 53(4)(a), the fixed number is 100.

For the purposes of clause 53(4)(b), the specified physical distancing rule is the 1-metre physical distancing rule.
103 Schedule 7 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Part 3 CVC rules and non-CVC rules Subpart 1—Food and drink businesses or services Brief description Clause The CVC rules that apply to a food and drink business or service are as follows: cl 26 Modification cl 27 Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance Clause 27 does not apply to— (a) (b) (c) (1) (2) transport station food and drink businesses or services: airline lounge food and drink businesses or services: food and drink businesses or services on board a vehicle in use as part of a public transport service.
For the purposes of clause 41(1)(a), the fixed number of people is 100.

For the purposes of clause 41(1)(b), the specified physical distancing rule is the 1-metre physical distancing rule.

(3) Clause 41 does not apply to— (a) (b) (c) transport station food and drink businesses or services: airline lounge food and drink businesses or services: food and drink businesses or services on board a vehicle in use as part of a public transport service.
cl 41 Business or service must comply with fixed capacity limit based on specified physical distancing rule cl 69 Customers and clients at food and drink business or service must comply with seating requirements Regulated business or service must display CVC status Business or service must have systems and processes to prevent customers entering workplace except to enable contactless collection of goods The non-CVC rules that apply to a food and drink business or service are as follows: cl 26 Subpart 2—Close-proximity businesses and services Brief description Clause The CVC rules that apply to a close-proximity business or service are as follows: cl 26 Modification Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person cl 55 cl 27 104 2021/386 Clause COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 7 Brief description carries CVC and to verify CVC compliance Modification The non-CVC rules that apply to a close-proximity business or service are as follows: cl 26 Regulated business or service must display CVC status Business or service must have systems and processes to prevent customers entering workplace Subpart 3—Gyms Brief description Clause The CVC rules that apply to a gym are as follows: cl 26 Regulated business or service must display CVC status Regulated business or service must have systems and processes to check person carries CVC and to verify CVC compliance Business or service must comply with fixed capacity limit based on specified physical distancing rule Modification (1) (2) For the purposes of clause 41(1)(a), the fixed number of people is 100.
For the purposes of clause 41(1)(b), the specified physical distancing rule is the 1-metre physical distancing rule.
The non-CVC rules that apply to a gym are as follows: cl 26 Regulated business or service must display CVC status Business or service must have systems and processes to prevent customers entering workplace cl 60 Subpart 4—Tertiary education providers Brief description Modification Clause The CVC rules that apply to a tertiary education provider are as follows: cl 26 Regulated business or service must display CVC status Business or service must comply with capacity limit based on specified physical distancing rule Tertiary education provider must have systems and processes to verify CVC compliance Regulated business or service must display CVC status Business or service must comply with capacity limit based on specified physical distancing rule The non-CVC rules that apply to a tertiary education provider are as follows: cl 26 For the purposes of clause 40(1), the specified physical distancing rule is the 1-metre physical distancing rule.
For the purposes of clause 40(1), the specified physical distancing rule is the 2-metre physical distancing rule.
105 cl 60 cl 27 cl 41 cl 40 cl 78 cl 40 Schedule 7 Clause cl 79 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Brief description Tertiary education provider must have systems and processes to ensure only workers enter premises Modification Part 4 Miscellaneous 3 How to read clause references In this schedule, a clause reference in a table is a reference to a clause in Part 2 of this order.
4 (1) (2) Relationship with other COVID-19 response schedules If there is an inconsistency between this schedule and Schedule 5 or 6, this schedule prevails.

If there is an inconsistency between this schedule and any other COVID-19 response schedule, the other schedule prevails.
106 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 8 Schedule 8 Travelling in and out of extended Auckland area cl 17 Part 1 Application 1 (1) Application This schedule applies— (a) (b) (c) to the area described in clause 2; and to any property if a part of it is in the area; and to any other place if necessary for the purpose of enforcing the require‐ ments in a place referred to in paragraph (a) or (b).

(2) An indicative map of the area is set out in clause 3.
(3) If there is an inconsistency between the description and the map, the descrip‐ tion prevails.
2 Description of area The area includes— (a) the area within the boundaries of Auckland as shown on LGC-Ak-R1; and (b) the area (bounded by the middle of the roads listed below)— (i) (ii) (iii) (iv) (v) (vi) commencing on the mean high-water mark of the west coast of the North Island at the southernmost point of the south-west cor‐ ner of the area described in paragraph (a) (the boundaries of Auckland); then proceeding in a generally south-easterly direction along the mean high-water mark (and across the mouth of the Waikato River) to the Kaawa Stream; then proceeding in a generally north-easterly direction along the north bank of the Kaawa Stream to the intersection with Port Waikato- Waikaretu Road; then proceeding south along Port Waikato-Waikaretu Road to the inter‐ section with Baker Road; then proceeding north-east along Baker Road to the intersection with Wairamarama-Onewhero Road; then proceeding south-east along Wairamarama-Onewhero Road to the intersection with Bothwell Loop Road; then 107 Schedule 8 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 (vii) proceeding north-east along Bothwell Loop Road to the intersec‐ tion with Waikaretu Valley Road; then (viii) proceeding east along Waikaretu Valley Road to the intersection with Highway 22; then (ix) (x) (xi) proceeding north-east along Highway 22 to the intersection with Glen Murray Road; then proceeding south-east along Glen Murray Road to the intersection with Churchill Road; then proceeding north along Churchill Road
 until it crosses the Opuatia Stream; then (xii) proceeding in a generally north-easterly direction along the north bank of the Opuatia Stream to the Waikato River; then (xiii) proceeding in a generally northerly direction along the west bank of the Waikato River to the intersection with Mercer Ferry Road; then (xiv) proceeding north-east along Mercer Ferry Road to the intersection with Koheroa Road; then (xv) proceeding north-east along Koheroa Road to the intersection with Mangatawhiri Road; then (xvi) proceeding north-west along Mangatawhiri Road to the intersec‐ tion with Lyons Road; then (xvii) proceeding north-east along Lyons Road to the intersection with Paparimu Road; then (xviii) proceeding north-west along Paparimu Road to the intersection with the area described in paragraph (a) (the boundaries of Auck‐ land); then (xix) proceeding in a generally westerly direction along the southern boundary of the boundaries of Auckland to the point of com‐ mencement described in subparagraph (i).
108 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Schedule 8 3 Map of area 109 Schedule 8 COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 Part 2 COVID-19 provisions that have effect Clause cl 90 cl 93 cl 94 cl 95 cl 96 cl 97 cl 98 cl 99 cl 100 4 5 Modification Brief description Cross-boundary travel: Overview Person must not undertake cross- boundary travel unless permitted Cross-boundary travel: Restrictive setting Cross-boundary travel for specified purposes permitted but travel conditions may apply Cross-boundary travel through area permitted if person does not stop in area Cross-boundary travel: Travel conditions Person must carry evidence of purpose Person must carry evidence of negative COVID-19 test result Person must carry evidence of having had COVID-19 test (non-work activities) Person must carry evidence of having had COVID-19 test (work activities) Cross-boundary travel: Other requirements Business or service must minimise cross- boundary travel undertaken by workers Certain businesses or services must facilitate testing and medical examination for workers undertaking cross-boundary travel Part 3 Miscellaneous How to read clause references In this schedule, a clause reference in a table is a reference to a clause in Part 2 of this order.
Relationship with other COVID-19 response schedules If there is an inconsistency between this schedule and Schedule 5, 6, or 7, this schedule prevails.

Dated at Wellington this 30th day of November 2021.

110 Hon Chris Hipkins, Minister for COVID-19 Response.

2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Explanatory note Explanatory note This note is not part of the order, but is intended to indicate its general effect.
This order is the COVID-19 Public Health Response (Protection Framework) Order 2021.

It comes into force at 11.59 pm on 2 December 2021.

Overview This order— • • establishes the COVID-19 Protection Framework for New Zealand; and replaces the current COVID-19 Alert Level system.

The Protection Framework represents the next phase in the Government’s response to managing COVID-19 in the community.

It uses a 3-level approach, commonly known as the traffic light system.
The 3 levels are Green, Orange, and Red, with restrictions increasing as an area moves from Green up to Red.

How to read this order Structure of this order This order redesigns the approach of the previous orders used to give effect to the Government’s domestic response to COVID-19.

The key change is that a wider range of public health measures (COVID-19 provi‐ sions) have been included in this order from the outset, including those that were used under the Alert Level system.
However, unlike provisions in previous orders, the COVID-19 provisions in this order will only have legal effect if they are made active by being specified in a relevant schedule (a COVID-19 response schedule) (see clause 17).

COVID-19 provisions The COVID-19 provisions are set out in Part 2 of this order.
They relate both to pub‐ lic health measures that have previously been used (such as face covering require‐ ments) and those that are new to the Protection Framework (such as COVID-19 vac‐ cination certificate (CVC) requirements) (see “Types of COVID-19 provisions” below for more detail).

Many of the COVID-19 provisions are currently not specified in a COVID-19 response schedule and will have no legal effect on the commencement of this order.
However, they are included in Part 2 because they have previously formed part of the legislative response to domestic outbreaks of COVID-19.

Those provisions are retained in the Protection Framework in case they are required again.
COVID-19 response schedules The current COVID-19 response schedules are as follows: • Schedule 5, which sets out the COVID-19 provisions that apply at Green: 111 Explanatory note COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 • • • Schedule 6, which sets out the COVID-19 provisions that apply at Orange: Schedule 7, which sets out the COVID-19 provisions that apply at Red: Schedule 8, which establishes the cross-boundary rules that currently apply.
New COVID-19 response schedules may be added over time, as needed, to provide a tailored response to a particular situation.

For example, a localised lockdown sched‐ ule may be required if there is a rapid growth in cases in an area.
Each COVID-19 response schedule is structured in the same way, as follows: • • • Part 1 describes the area (if any) to which that schedule applies: Part 2 lists the COVID-19 provisions that apply to that area: where relevant, Part 3 specifies the COVID-19 provisions that apply as a result of a business or service choosing to operate with or without COVID-19 vacci‐ nation certificates (the CVC rules and non-CVC rules).

In some cases, a schedule may specify modifications to a particular COVID-19 provi‐ sion.
Those modifications apply only to the area described in Part 1 of that schedule.

To help readers interpret the COVID-19 response schedules, Schedule 4 contains maps showing the boundaries of each region and each territorial authority district in New Zealand.

Types of COVID-19 provisions What’s the same?

Many of the COVID-19 provisions are substantially the same as the equivalent requirements under the Alert Level system.
These include requirements relating to the following: • • • • • • • • QR codes and contact records (see subpart 1 of Part 2): face coverings (see subpart 2 of Part 2): physical distancing (see subpart 4 of Part 2): limited purpose gatherings (previously, “controlled gatherings”) and limited outdoor gatherings (see subpart 5 of Part 2): restrictions on access to certain businesses or services (see subpart 7 of Part 2): restrictions on when certain businesses or services may open (see subpart 8 of Part 2): restrictions on how certain businesses or services may operate (see subpart 9 of Part 2): restrictions on movement, including stay-at-home orders and cross-boundary travel rules (see subpart 10 of Part 2).
In addition,— 112 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Explanatory note • • the cross-boundary travel rules for Auckland are, at this stage, essentially the same as those that were in force under the Alert Level system (see Schedule 8); and in relation to registered schools,— • • schools in what was the Auckland part of the alert level 3 area will con‐ tinue to operate under the previous alert level 3 requirements until the end of 2021 (see Schedule 1); and schools in the rest of New Zealand will continue to operate under the previous alert level 2 requirements until the end of 2021 (see Schedule 1).
The public health measures that apply to other education entities, including licensed early childhood services and tertiary education providers, are as specified in the rele‐ vant COVID-19 response schedule.

What’s new?

The Protection Framework contains new requirements relating to the following: • • • COVID-19 vaccination certificates, or CVCs (see subpart 3 of Part 2): capacity limits (see subpart 4 of Part 2): gatherings and events (see subparts 5 and 6 of Part 2).
CVC requirements Overview The Protection Framework establishes new requirements that relate to the use of CVCs to regulate access to businesses or services (including events that they organ‐ ise) and to gatherings.

Certain businesses or services (regulated businesses or services) must choose between operating either with or without CVCs.

These businesses or services are regulated because their operations present a higher risk of COVID-19 transmission.
If they choose to operate without CVCs, restrictions will apply.

In some cases, they may have to close their premises to customers and clients.

By contrast, businesses or services that operate from certain premises (designated premises) are prohibited from operating with CVC restrictions.

These include super‐ markets, health services, and most public transport services (see clause 10).
Such businesses or services must not deny a person entry to the premises or access to ser‐ vices on vaccination grounds (see clauses 31 and 32).

Regulated businesses or services Clauses 25 to 27 set out the rules relating to regulated businesses or services.
In sum‐ mary,— 113 Explanatory note COVID-19 Public Health Response (Protection Framework) Order 2021 2021/386 • • • • • a business or service is a regulated business or service if it is specified as such by clause 25 (see the item relating to clause 25 in the relevant COVID-19 response schedule): a regulated business or service must choose to operate under either CVC rules or non-CVC rules (see clause 25), and must communicate that choice at the main entrance of the premises (see clause 26): if a regulated business or service chooses to operate under CVC rules, it must— • • • have systems and processes in place to check that each person at the premises is carrying a CVC (see clause 27(1)(a)); and have systems and processes in place to verify, so far as is reasonably practicable, in relation to a reasonable number of people, that those CVCs are valid and have been issued to the person in question (see clause 27(1)(b)); and comply with any other requirements specified as part of the CVC rules for that type of business or service (see Part 3 of the relevant COVID-19 response schedule): if a regulated business or service chooses to operate under non-CVC rules, the restrictions specified as part of the non-CVC rules for that type of business or service apply (see Part 3 of the relevant COVID-19 response schedule): a regulated business or service may alternate between operating under CVC rules and non-CVC rules at its premises, but must comply with certain require‐ ments when alternating between the two (see clause 25(2)).
If a regulated business or service displays a sign indicating that it is operating under CVC rules, a person who enters the premises must produce their CVC on request (see clauses 29 and 30).

Certain exceptions apply to the general rules described above.

Exception for children who are younger than 12 years and 3 months The CVC requirements generally do not apply to a child who is younger than 12 years and 3 months (see clause 6(1), which sets out when a person is CVC compli‐ ant).
Children under 12 are currently ineligible to receive a COVID-19 vaccination.

Under this order, there is a 3-month grace period (starting from the child’s 12th birth‐ day) set aside for the child to obtain a CVC.

From the age of 12 years and 3 months, the child will be required to produce their CVC on request as described above.
In addition, a business or service satisfies any requirement to ensure that a child on the premises is CVC compliant if the business or service reasonably considers that the child is under the age of 12 years and 3 months (see clause 6(2)).

114 2021/386 COVID-19 Public Health Response (Protection Framework) Order 2021 Explanatory note Gatherings and events The Protection Framework establishes new types of permitted gatherings and events that rely on the use of CVCs.
Clauses 43 to 46 set out new types of CVC-compliant gatherings, and clauses 52 and 53 set out corresponding types of CVC-compliant events.

The CVC compliant gatherings and events that are permitted at Green, Orange, and Red are those specified in the relevant COVID-19 response schedule.

Gatherings and events that do not use CVCs will have stricter requirements imposed than those that do (for example, the event may be subject to capacity limits).
Other provisions carried forward by this order Other provisions carried forward by this order include— • • clause 101 (person must not change principal home or place of residence fol‐ lowing Director-General notice restricting travel for that purpose), which sub‐ stantially carries forward clause 16A of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021, except that clause 101 requires the Director-General to publish a notice in accordance with clause 101(4), and that notice is revoked after 48 hours; and clauses 102 to 103, which carry forward the existing exemptions from the Alert Level system (including the exemption for assisting in, or responding to, an emergency).
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.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 30 November 2021.

This order is administered by the Ministry of Health.
Wellington, New Zealand: Published under the authority of the New Zealand Government—2021 115