COVID-19 Response (Vaccinations) Legislation Act 2021

1: Title
This Act is the COVID-19 Response (Vaccinations) Legislation Act 2021
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to COVID-19 Public Health Response Act 2020
3: Principal Act
This Part amends the COVID-19 Public Health Response Act 2020 2021-11-26 COVID-19 Public Health Response Act 2020
4: Section 5 amended (Interpretation)
1: In section 5(1) affected worker authorised enforcement person COVID-19 vaccination authorisation COVID-19 vaccination certificate
a: vaccinated; or
b: an exempt person COVID-19 vaccination exemption document exempt person PCBU representative specified COVID-19 vaccination exemption criteria subsection (3)﻿(a) specified work section 11AB vaccinated
a: the Minister or Director-General specifies in a COVID-19 order:
b: the Director-General specifies in a notice made under subsection (3)﻿(b) worker workplace
2: In section 5(1) authorised person authorised person
3: In section 5(1) COVID-19 order section 11 section 11 or 11AB
4: In section 5(1) Minister Minister
a: for the purposes of sections 11AA, 11AB, and 33AA
i: the Minister for Workplace Relations and Safety; or
ii: the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of those sections:
b: for the purposes of any other section,—
i: the Minister for COVID-19 Response; or
ii: the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act
5: After section 5(2)
3: The Director-General may make a notice specifying (for the purposes of all or any legislation in, or made under, this Act)—
a: COVID-19 vaccination exemption criteria:
b: for the purposes of a COVID-19 vaccination, the required doses for each COVID-19 vaccine or combination of COVID-19 vaccines.
4: A notice made under subsection (3) see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
5: Section 9 amended (Minister may make COVID-19 orders)
1: Replace the heading to section 9 Requirements for making COVID-19 orders under section 11
2: In section 9(1) COVID-19 order under section 11
6: Section 11 amended (Orders that can be made under this Act)
1: Replace section 11(1)﻿(b)﻿(i)
i: stay in any specified area, place, or premises or refrain from going to any specified area, place, or premises (including in specified circumstances or unless in compliance with specified measures):
ia: permit entry to any specified areas, places, or premises only in specified circumstances or in compliance with specified measures:
2: Replace section 11(1)﻿(b)﻿(iv)
iv: refrain from travelling to or from any specified area or place, or refrain from travelling to or from any specified area or place in specified circumstances or unless in compliance with specified measures (for example, refrain from leaving an area unless the person has a COVID-19 vaccination certificate):
3: After section 11(1)﻿(g)
h: requiring persons to permit individuals to enter a place or receive a service whether or not those individuals are vaccinated, have a COVID-19 vaccination certificate, or are otherwise able to produce evidence of their vaccination status:
i: specifying the evidence that may be required to be produced, and the person to whom the evidence may be required to be produced to, to demonstrate compliance with a specified measure (for example, specifying that a COVID-19 vaccination certificate is required to be produced to enter certain premises) and providing for any prohibitions or duties that apply in respect of the use or production of that evidence:
j: specifying, for the purposes of a COVID-19 vaccination, the required doses for each COVID-19 vaccine or combination of COVID-19 vaccines:
k: in relation to COVID-19 vaccination certificates,—
i: specifying who is eligible to be issued with a COVID-19 vaccination certificate:
ii: specifying how an application for a COVID-19 vaccination certificate must be made, and the information required to accompany that application:
iii: providing for the issue, renewal, and extension of COVID-19 vaccination certificates by the Director-General or by the use of automated electronic systems (which certificates are to be treated as if they were issued, renewed, or extended by the Director-General):
iv: providing for the form and content of COVID-19 vaccination certificates to be determined by the Director-General:
v: specifying the period for which COVID-19 vaccination certificates are valid, or the conditions under which COVID-19 vaccination certificates may expire.
4: In section 11(5) order made under this section
7: New sections 11AA and 11AB inserted
After section 11A
11AA: Requirements for making COVID-19 orders under section 11AB
1: The Minister may make a COVID-19 order under section 11AB
a: the Minister must be satisfied that the order does not limit or is a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990; and
b: the Minister—
i: must have consulted the Prime Minister, the Minister for COVID-19 Response, the Minister of Justice, and the Minister of Health; and
ii: may have consulted any other Minister as the Minister thinks fit; and
c: before making the order, the Minister—
i: may consult the Director-General; and
ii: must be satisfied that the order is in the public interest and is appropriate to achieve the purpose of this Act.
2: For the purposes of subsection (1)﻿(c)﻿(ii) public interest
a: ensuring continuity of services that are essential for public safety, national defence, or crisis response:
b: supporting the continued provision of lifeline utilities or other essential services:
c: maintaining trust in public services:
d: maintaining access to overseas markets.
11AB: Orders that can be made under this Act relating to specified work
1: The Minister may, in accordance with section 11AA
a: specifying work, or classes of work, that may not be carried out by an affected worker unless the affected worker is vaccinated, an exempt person, or an authorised person:
b: specifying work, or classes of work, that may not be carried out by an affected worker unless the affected worker reports for and undergoes medical examination or testing for COVID-19, or is otherwise permitted to do the work—
i: at any specified place or time:
ii: in any specified way or specified circumstances:
c: imposing further duties or obligations relating to specified work carried out by affected workers:
d: prescribing how duties imposed under subpart 2A
e: prescribing record-keeping requirements for the purposes of subpart 2A
2: An order made under this section may specify which breaches of the order are infringement offences for the purposes of section 26(3), and may specify that a breach of an order is a particular class of infringement offence (with the corresponding penalties) for the purposes of regulations made under section 33(1)﻿(b).
3: To avoid doubt, nothing in this section limits the purposes for which an order may be made under section 11.
4: If a conflict arises between an order made under this section and an order made under section 11, the order made under section 11 prevails unless specified otherwise in the order made under this section.
5: A COVID-19 order made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
8: Section 12 amended (General provisions relating to COVID-19 orders)
1: In section 12(1)﻿(a) things (for example, different restrictions may be imposed on persons depending on whether they have a COVID-19 vaccination certificate or on their vaccination status)
2: After section 12(1)﻿(a)
aa: specify the evidence (including any particular form of evidence) that may be required to be produced to demonstrate compliance with a requirement, restriction, direction, or condition:
3: In section 12(1)﻿(d)﻿(i) provision of this Act or
4: In section 12(1)﻿(d)﻿(ii) provision of this Act or
5: In section 12(1)﻿(e) section 11 section 11 or 11AB
9: New subpart 2A of Part 2 inserted
After section 16
2A: Duties in relation to specified work
17A: Application of this subpart
1: The duties set out in this subpart apply only if a COVID-19 order is made under section 11AB(1)﻿(a)
2: Nothing in this subpart applies to a person to whom the same, or substantially the same, duty is imposed in relation to COVID-19 vaccinations by an order made under section 11. Duties of PCBUs
17B: Duty to keep vaccination records
1: A PCBU must, for each affected worker who carries out specified work for the PCBU, keep a record of the affected worker’s vaccination status.
2: The record must contain the information and be kept in the manner prescribed by a COVID-19 order made under section 11AB
3: If an affected worker provides the PCBU with updated information under section 17F
4: A failure to comply with this section is an infringement offence.
17C: Duty to prevent affected worker from carrying out specified work unless vaccinated
1: A PCBU must not allow an affected worker (other than an exempt person or an authorised person) to carry out specified work unless satisfied that the affected worker is vaccinated.
2: A PCBU—
a: must notify each affected worker who carries out specified work for the PCBU of the affected worker’s duty not to carry out that work unless they are vaccinated, an exempt person, or an authorised person; and
b: must not prevent the affected worker from being vaccinated during their normal working hours, if vaccinations are available during those hours.
3: A failure to comply with this section is an infringement offence. Duties of affected workers
17D: Duty not to carry out specified work unless vaccinated, exempt, or authorised
1: An affected worker must not carry out specified work unless they are—
a: vaccinated; or
b: an exempt person; or
c: an authorised person.
2: A failure to comply with subsection (1)
17E: Duty to provide information of vaccination status
1: For the purposes of ensuring compliance with the duties set out in sections 17B and 17C
2: If a document that is provided under subsection (1)
a: inspecting the document; and
b: taking any copies or images of the document, or extracts from the document, that may reasonably be required for the purpose of verifying compliance with the duties referred to in subsection (1)
3: If the affected worker fails to comply with the requirement in subsection (1)
17F: Duty to update information
If an affected worker has provided information to a PCBU under this subpart, the affected worker must ensure that the information is updated as soon as practicable after it changes.
10: Cross-heading above section 18 replaced
Replace the cross-heading above section 18 Authorised enforcement persons
11: Section 18 amended (Authorised persons)
1: In the heading to section 18 Authorised Authorised enforcement
2: In section 18(2)﻿(b)﻿(i) and (ii), (4)﻿(b), and (5) authorised person authorised enforcement person
12: New section 23A inserted (Power to direct person to produce evidence of compliance with specified measure)
After section 23
23A: Power to direct person to produce evidence of compliance with specified measure
1: This section applies if subpart 2A
2: For the purpose of enforcing any specified measure under subpart 2A
3: If a document that is produced as evidence of compliance with a specified measure is handed over to an enforcement officer, the enforcement officer must immediately return it to the person who produced it after—
a: inspecting the document; and
b: taking any copies or images of the document, or extracts from the document, that may reasonably be required for the purpose of enforcing the specified measure.
13: New sections 33AA and 33AB inserted
After section 33A
33AA: Regulations may prescribe assessment tool
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing an assessment tool that a PCBU may use to ascertain whether it is reasonable to require workers of the PCBU not to carry out work for the PCBU unless either or both of the following apply:
a: the workers are vaccinated:
b: the workers are required to undergo medical examination or testing for COVID-19.
2: The assessment tool may provide—
a: the means of assessing the risk and adverse effects of COVID-19 in respect of ensuring the health and safety of workers and workplaces to support the public health response to COVID-19:
b: for any other matters that the Minister considers relevant for a PCBU to take into account when assessing the risk and adverse effects of COVID-19.
3: Regulations made under this section are secondary legislation ( see Part 3 Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
33AB: PCBU may conduct work assessment
1: To assist a PCBU in meeting their primary duty of care under section 36 of the Health and Safety at Work Act 2015, the PCBU may, in accordance with the assessment tool, conduct an assessment of the work carried out by workers of the PCBU to ascertain whether it is reasonable to require those workers not to carry out that work unless either or both of the following apply:
a: the workers are vaccinated:
b: the workers are required to undergo medical examination or testing for COVID-19.
2: In conducting the assessment, the PCBU may, in the PCBU’s absolute discretion, decide whether to conduct the assessment in accordance with the assessment tool.
3: If the assessment is conducted in accordance with the assessment tool, the PCBU must, so far as is reasonably practicable, consult the PCBU’s workers and, if those workers are represented by a representative, the engagement must involve that representative.
4: However, a PCBU—
a: must not allow a representative to have access to any personal information concerning a worker without the worker’s consent unless the information is in a form that—
i: does not identify the worker; and
ii: could not reasonably be expected to identify the worker; and
b: may refuse, on reasonable grounds, to grant access to the workplace to a representative or a person assisting a representative.
5: In this section, assessment tool section 33AA
14: Section 34A amended (Protection of contact tracing information)
Replace section 34A(1)
1: Despite anything in the Privacy Act 2020, personal information about an identifiable individual that is collected or obtained for the purpose of contact tracing under this Act (such as through QR scans or paper forms) may not be held, stored, used, or disclosed by anyone except for the purpose of—
a: contact tracing under this Act; or
b: enforcing the Act or a COVID-19 order (including for the purposes of proceedings against a person for non-compliance); or
c: the Health Act 1956.
15: New sections 34B and 34C inserted
After section 34A
34B: Protection of evidence collected or obtained for purpose of determining whether person is vaccinated or has complied with Act or COVID-19 order
1: Despite anything in the Privacy Act 2020, personal information about an identifiable individual that is collected or obtained by any person for the purpose of determining whether the individual is vaccinated, has been issued with a COVID-19 vaccination certificate, or has complied with this Act or a COVID-19 order may not be held, stored, used, or disclosed by the person except for the purposes of—
a: ascertaining whether the individual is vaccinated or has been issued with a COVID-19 vaccination certificate; or
b: demonstrating or ascertaining compliance with this Act or a COVID-19 order; or
c: enforcing the Act or a COVID-19 order (including for the purposes of proceedings against a person for non-compliance); or
d: the Health Act 1956.
2: Nothing in this section limits the right of an individual to access information about them under the Privacy Act 2020 or any other Act.
3: A person who intentionally fails, without reasonable excuse, to comply with subsection (1)
4: A person who commits an offence against subsection (1)
a: for an individual,—
i: imprisonment for a term not exceeding 6 months; or
ii: a fine not exceeding $12,000:
b: for any other person, a fine not exceeding $15,000.
34C: Breach of section 34A or 34B constitutes interference with privacy of individual under Privacy Act 2020
A breach of section 34A or 34B
16: Schedule 1 amended
In Schedule 1,—
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
17: Schedule 3 amended
In Schedule 3 authorised person authorised enforcement person
18: Consequential amendments
Amend the legislation specified in Schedule 2 2021-11-26 COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 COVID-19 Public Health Response (Required Testing) Order 2020 COVID-19 Public Health Response (Vaccinations) Order 2021
2: Amendments to Employment Relations Act 2000
19: Principal Act
This Part amends the Employment Relations Act 2000 2021-11-26 Employment Relations Act 2000
20: New section 238A inserted (Provisions relating to COVID-19 vaccinations)
After section 238
238A: Provisions relating to COVID-19 vaccinations
Schedule 3A
21: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments.
22: New Schedule 3A inserted
After Schedule 3 Schedule 4