Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939610785.pdf (New Zealand)
Version as at 2 December 2021 COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 (LI 2021/326) COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021: revoked, at 11.59 pm on 2 December 2021, pursuant to clause 107 of the COVID-19 Public Health Response (Protection Framework) Order 2021 (SL 2021/386).
This order is made by the Minister for COVID-19 Response under sections 11 and 15(1) of the COVID-19 Public Health Response Act 2020 in accordance with section 9 of that Act.
Contents Title Commencement Principal order Clause 4 amended (Interpretation) Clause 12 amended (Face covering requirements on public transport services) Clause 16A amended (Person may not change principal home or place of residence following Government announcement of more restrictive alert level requirements) Clause 18 amended (Permitted purposes for travel between alert level areas (or between parts of alert level 3 area)) Clause 19 amended (Evidence of permission for travel between alert level areas (or between parts of alert level 3 area)) Clause 19C amended (Obligations concerning COVID-19 testing of certain persons travelling out of Auckland part of alert level 3 area for non-work activities) Page 2 2 2 2 2 3 3 3 3 Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry of Health.
1 COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 Version as at 2 December 2021 Clause 22A amended (Exceptions for individuals at education entities that are early childhood services in alert level 3 area) Clause 30 amended (Adjusted alert level 3 requirements for businesses and services) Schedule 2 amended Schedule 5 amended Schedule New items inserted into Schedule 2 4 4 4 4 6 Title Order This order is the COVID-19 Public Health Response (Alert Level Require‐ ments) Order (No 12) Amendment Order (No 9) 2021.
Commencement This order comes into force at 11.59 pm on 22 October 2021.

Principal order This order amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021.
Clause 4 amended (Interpretation) In clause 4, insert in their appropriate alphabetical order: registered school has the same meaning as in section 10(1) of the Education and Training Act 2020 tertiary education entity means— (a) (b) (c) an educational body (within the meaning of section 10(8) of the Educa‐ tion and Training Act 2020); or an institution (within the meaning of section 10(1) of the Education and Training Act 2020); or a private training establishment (within the meaning of section 10(1) of the Education and Training Act 2020) Clause 12 amended (Face covering requirements on public transport services) Revoke clause 12(2)(c).
cl 1 10 11 12 13 Version as at 2 December 2021 COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 cl 9 6 Clause 16A amended (Person may not change principal home or place of residence following Government announcement of more restrictive alert level requirements) Replace clause 16A(3)(c) with: (c) attending a tertiary education entity or completing a course of study at a tertiary education entity.
7 (1) Clause 18 amended (Permitted purposes for travel between alert level areas (or between parts of alert level 3 area)) In the cross-heading above clause 18(2B), replace “from alert level 3 area to alert level 2 area” with “between alert level areas (or between parts of alert level areas)”.
(2) In clause 18(2B),— (a) (b) replace “alert level 3 area” with “alert level area”; and replace “an alert level 2 area” with “a different alert level area (or a dif‐ ferent part of the alert level area)”; and (c) delete “located in the alert level 2 area”.

(3) In clause 18(2C), delete “in the alert level 3 area”.
8 Clause 19 amended (Evidence of permission for travel between alert level areas (or between parts of alert level 3 area)) (1) After clause 19(1)(a)(i), insert: (ia) attending a registered school under a direction given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020 (item 6A): (2) In clause 19(1)(a)(x), after “items 18B”, insert “, 18BA,”.
9 (1) (2) Clause 19C amended (Obligations concerning COVID-19 testing of certain persons travelling out of Auckland part of alert level 3 area for non-work activities) In clause 19C(1)(a), replace “items 4, 5, 7 to 14, 17, 18, 18A, 18B, 18C, and 19” with “items 4, 5, 7 to 14, 17 to 18C, and 19”.

In clause 19C(1)(b), replace “items 4, 5, 9 to 14, 17, 18, 18A, 18B, 18C, and 19” with “items 4, 5, 9 to 14, 17 to 18C, and 19”.
(3) Replace clause 19C(2) with: (2) A person to whom this subclause applies must comply with subclauses (4) to (6) as follows: Item of Schedule 5 that person relies on for permission to travel 4, 5, 7, 8, or 18 Subclauses that person must comply with Subclauses (4) and (6) (a) 3 cl 10 COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 Version as at 2 December 2021 (b) (c) (d) Item of Schedule 5 that person relies on for permission to travel 9, 10, 11, 12, 13, 14, 17, 18A, 18B, 18BA, or 18C 19, if accompanying someone who relies on item 4, 5, 7, 8, or 18 for their permission to travel 19, if accompanying someone who relies on item 9, 10, 11, 12, 13, 14, 17, 18A, 18B, 18BA, or 18C for their permission to travel Subclauses that person must comply with Subclauses (5) and (6) Subclauses (4) and (6) Subclauses (5) and (6) (4) 10 (1) In clause 19C(3A), replace “the alert level 3 area” with “the Auckland part of the alert level 3 area”.
Clause 22A amended (Exceptions for individuals at education entities that are early childhood services in alert level 3 area) In the heading to clause 22A, replace “education entities that are early child‐ hood services” with “certain education entities”.
(2) Before clause 22A(1), insert: (1AAA) This clause applies to the following education entities: (a) (b) an early childhood service: a registered school that students in years 9 to 13 are permitted to attend under a direction given by the chief executive of the Ministry of Educa‐ tion under Schedule 25 of the Education and Training Act 2020.

(3) In clause 22A(1), replace “an education entity that is an early childhood ser‐ vice” with “the education entity”.
(4) After clause 22A(2)(a), insert: (aa) activities that involve 2 or more registered schools: 11 Clause 30 amended (Adjusted alert level 3 requirements for businesses and services) In clause 30(2), after “early childhood services”, insert “or 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 Edu‐ cation and Training Act 2020)”.
12 Schedule 2 amended In Schedule 2, replace items 18 and 18A with the items 18, 18A, and 18B set out in the Schedule of this order.
Schedule 5 amended In Schedule 5, after item 1.25, insert: 13 (1) 4 Version as at 2 December 2021 COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 cl 13 1.25A 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 (2) In Schedule 5, after item 6, insert: 6A Students in years 9 to 13 attending registered schools If the person is a student in years 9 to 13 at a registered school, attend that registered school under a direction given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020 (3) (4) In Schedule 5, revoke item 18B(b).
In Schedule 5, after item 18B(c), insert: 18B A Relocate their home or place of residence as a result of attending a tertiary education entity or completing a course of study at a tertiary education entity (5) In Schedule 5, item 18C, replace “or 18B” with “, 18B, or 18BA”.
5 Schedule 2 1 l c COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 Version as at 2 December 2021 — , s r e h c a e t d n a , s t n e d u t s , n e r d l i h c p e e k n i , ; e l b a t s s a , s t n e d u t s r e h t o r o f , ’ s t n e d u t s t i m i l , • • s a r a f o s , s r e h c a e t d n a , s t n e d u t s , , ) 8 2 e s u a l c ( ) 2 2 e s u a l c ( s n o s r e p r e h t a r ( m 1 ) ) 0 3 e s u a l c ( ✓ ✓ t
( s e i t i t n e n o i t a c u d E 8 1 ) — t p m e x E ) 2 ( 0 3 d n a A 2 2 s e s u a l c e e s — t p m e x E ) 2 ( 0 3 ✓ ✓ Version as at 2 December 2021 COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 Explanatory note Dated at Wellington this 22nd day of October 2021.
Hon Chris Hipkins, Minister for COVID-19 Response.

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

This order, which comes into force at 11.59 pm on 22 October 2021, amends the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021 (the principal order).

Clause 4 amends clause 4 of the principal order to insert definitions of registered school and tertiary education entity.
These definitions refer to terms used in the Edu‐ cation and Training Act 2020.

Clause 5 revokes clause 12(2)(c) of the principal order.

The effect of this is that stu‐ dents aged 12 years or older will be required to wear a face covering when travelling on a school transport service.
Clause 6 amends clause 16A of the principal order to ensure that a student at a terti‐ ary education entity may change residences as a result of their study beginning or concluding, even if the Government has announced a more restrictive alert level for the area in which the student currently resides.
Clause 7 amends clause 18 of the principal order to provide that a student may travel between alert level areas (or between parts of the alert level 3 area) to return to a school hostel and remain there for the rest of the 2021 school year.
Clause 8 amends clause 19 of the principal order to require the following persons to provide evidence of their reason to travel when travelling between alert level areas (or between parts of the alert level 3 area): • • a student in years 9 to 13 who is travelling to attend a registered school under a direction given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020; and a student at a tertiary education entity who is relocating their home or place of residence as a result of their study beginning or concluding.
Clause 9 amends clause 19C of the principal order to require a student at a tertiary education entity who is relocating their home or place of residence as a result of their study beginning or concluding to comply with certain COVID-19 testing require‐ ments.
Clause 10 amends clause 22A of the principal order to exempt registered schools from certain physical distancing requirements in the alert level 3 area, but only to the extent that students in years 9 to 13 are permitted to attend the school under a direc‐ 7 Explanatory note COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 Version as at 2 December 2021 tion given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020.
Clause 11 amends clause 30 of the principal order so that registered schools do not need to have systems and processes in place to comply with physical distancing requirements, to the extent that students in years 9 to 13 are permitted to attend the school under a direction given by the chief executive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020.
Clause 12 replaces item 18 and 18A of Schedule 2 of the principal order with the items 18, 18A, and 18B set out in the Schedule of this order.
Clause 13 amends Schedule 5 of the principal order to provide that— • • • a worker may travel into, out of, or through alert level areas (or between differ‐ ent parts of the alert level 3 area) to work at a registered school that students in years 9 to 13 are permitted to attend under a direction given by the chief execu‐ tive of the Ministry of Education under Schedule 25 of the Education and Training Act 2020: a student in years 9 to 13 at a registered school may attend that registered school under a direction given by the chief executive of the Ministry of Educa‐ tion under Schedule 25 of the Education and Training Act 2020: a student at a tertiary education entity may change residences as a result of their study beginning or concluding, and this relocation does not have to be on a permanent or long-term basis.
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: 22 October 2021.


8 Version as at 2 December 2021 COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 Notes Notes 1 General This is a consolidation of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) Amendment Order (No 9) 2021 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments.

This presump‐ tion applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version.

A printed version of legis‐ lation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation COVID-19 Public Health Response (Protection Framework) Order 2021 (SL 2021/386): clause 107 Wellington, New Zealand: Published under the authority of the New Zealand Government—2022 9