COVID-19: Key New Zealand legislation and legislative instruments to 21 December 2021 | Practical Law

COVID-19: Key New Zealand legislation and legislative instruments to 21 December 2021 | Practical Law

A historical checklist setting out the relevant New Zealand legislation and legislative instruments relating to the emergency response to the 2019 novel coronavirus disease (COVID-19) outbreak in New Zealand.

COVID-19: Key New Zealand legislation and legislative instruments to 21 December 2021

Practical Law ANZ Checklist w-024-5869 (Approx. 82 pages)

COVID-19: Key New Zealand legislation and legislative instruments to 21 December 2021

by Practical Law New Zealand
Law stated as at 21 Dec 2021New Zealand
A historical checklist setting out the relevant New Zealand legislation and legislative instruments relating to the emergency response to the 2019 novel coronavirus disease (COVID-19) outbreak in New Zealand.

About this document

This document is no longer maintained for currency. It provides a historical collection of key legislative developments in response to the 2019 novel coronavirus disease (COVID-19) pandemic to 21 December 2021. All references to currency within this document should be read as being current only up until the time the document was date stamped on 21 December 2021.
For regular updates on legislation and legislative instruments relating to COVID-19, see the New Zealand:
See also for:
This checklist sets out the key legislation and legislative instruments relating to the emergency response to the 2019 novel coronavirus disease (COVID-19) outbreak in New Zealand.
Please also refer to Practical Law's Global Coronavirus Toolkit, which is a collection of practice notes, standard documents, checklists and other resources covering a range of public health emergency and disaster preparedness topics applicable to lawyers located in the United Kingdom, the United States, China, Australia, Canada and New Zealand.
The COVID-19 outbreak in New Zealand is a continually developing situation and new legislative responses are being announced.
This list may not be complete shortly after the time of its last publication. Practical Law New Zealand is continuously monitoring all new developments and will continue to update this checklist for significant developments as more information becomes available. Check back frequently for new and updated information on major developments.

COVID-19 Protection Framework

On 22 October 2021, the Prime Minister the Rt Hon Jacinda Ardern announced the introduction of a COVID-19 Protection Framework. The COVID-19 Protection Framework uses a three-level approach, commonly known as the traffic light system. The three levels are Green, Orange and Red, with restrictions increasing as an area moves from Green up to Red. New Zealand transitioned from the COVID-19 alert system to the COVID-19 Protection Framework at 11.59pm on 2 December 2021. For more information, including a map showing the current levels across New Zealand, see the government's COVID-19 website.

New Zealand Influenza Pandemic Plan: a framework for action

The framework behind the New Zealand government's response to COVID-19 is the Ministry of Health's (MOH) 2017 New Zealand Influenza Pandemic Plan: A framework for action (2nd ed) (Pandemic Plan). The Pandemic Plan sets out the measures available to the government to deal with the COVID-19 outbreak.

New Zealand legislation and legislative instruments

Relevant legislation is outlined below, including legislative instruments amended by the government in response to the COVID-19 pandemic.

COVID-19 Public Health Response Act 2020

The COVID-19 Public Health Response Act 2020 (CPHRA 2020) is a bespoke Act that provides a different legal framework for responding to the COVID-19 outbreak to the framework that applied when New Zealand was originally in Alert Level 3.
Unusually, the CPHRA 2020 was referred to the Finance and Expenditure Committee (FEC) for post-enactment review. The FEC report into the operation of the CPHRA 2020 was published on 27 July 2020, in time for the House of Representatives to consider whether to renew it or not. The majority of the FEC concluded there was no need for urgent amendments to the CPHRA 2020. However, among other things, the FEC recommended that the government pass legislation to provide a modern legal framework for any future public health emergency.
In September 2020, the Regulations Review Committee released its recommendations to the House of Representatives (see Examination of orders made under section 11 of the COVID-19 Public Health Response Act 2020 report – September 2020). For current section 11 orders, see Other key legislation and legislative instruments.
On 8 December 2020, the Hon Chris Hipkins sought a sessional order to implement a process for the examination, disallowance or amendment of any orders made under section 11 of the CPHRA 2020 (section 11 orders). The purpose of the process is to ensure that any section 11 orders receive appropriate parliamentary scrutiny.
Section 18 of the CPHRA 2020 empowers the Director-General of Health (Dr Ashley Bloomfield) to authorise suitably qualified and trained persons to carry out any functions and powers of an enforcement officer under CPHRA 2020.
For current authorisations under section 18 of the CPHRA 2020, see the MOH's website.
The COVID-19 Public Health Response Amendment Act 2020 amends the CPHRA 2020 to implement a framework relating to the managed isolation or quarantine (MIQ) system, including the payment of prescribed charges for MIQ facilities and the imposition of section 11 orders on people arriving in New Zealand. A charging structure has been implemented under the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020 (CPHR(MIQC)R 2020) which have been amended by the:
The COVID-19 Public Health Response Amendment Act (No 2) 2020 amends the CPHRA 2020 to ensure it better aligns with the new COVID-19 response portfolio and to provide for less restrictive measures under alert levels to be applied sooner.
The COVID-19 Public Health Response Amendment Act 2021 (CPHRAA 2021) (mostly in force from 20 November 2021; see section 2 of the CPHRAA 2021 for other commencement dates of specific sections and also the COVID-19 Public Health Response Amendment Act 2021 Commencement Order 2021) amends the CPHRA 2020 including to:
  • Extend the automatic repeal date of the CPHRA 2020 to 13 May 2023.
  • Change the Minister who is empowered to issue orders and exemptions under the CPHRA 2020 from the Minister of Health to the Minister for COVID-19 Response.
  • Allow the government to remove restrictions made under orders with less than 48 hours' notice.

Legal challenges to MIQ system

An urgent challenge to the way in which MIQ places are allocated is currently before the High Court. The judicial review claim, which was filed on 8 October 2021 against the Minister of Health, the Minister for COVID-19 Response and the chief executive of the Ministry for Business, Innovation and Employment (MBIE), alleges that they acted unlawfully and unreasonably in the design and operation of the MIQ system. The claim also alleges that:
  • The MIQ system breaches section 18(2) of the New Zealand Bill of Rights Act 1990 (NZBORA 1990).
  • Parts of the MIQ system were not prescribed by law.
  • The Minister for Covid-19 Response has breached the public’s legitimate expectation that he would develop a sustainable, scalable model for isolation as a priority.
The claimants (group Grounded Kiwis) are seeking an order from the High Court stopping the government from continuing to operate the MIQ system in the current way.
Other challenges have also been filed in the High Court, including a successful one by entrepreneur Murray Bolton in which MBIE has been ordered to reconsider Mr Bolton's dismissed request to isolate at home after travelling to the United States.

Ombudsman investigation into MIQ system

On 20 October 2021, the Chief Ombudsman Peter Boshier announced that he had commenced a broad investigation into the MIQ booking system after receiving hundreds of complaints. The Ombudsman is:
  • Investigating whether the MIQ booking system is fit for purpose, fair and properly managed.
  • Investigating allegations that the MIQ booking system:
    • limits citizens' rights to re-enter New Zealand;
    • prevents tangata whenua from accessing their marae and tūrangawaewae contrary to Te Tiriti o Waitangi; and
    • disadvantages disabled people.
The Ombudsman will be releasing his substantive findings to Parliament early in 2022 but will make public statements earlier if necessary.
For more information, see the Ombudsman's website.

Health Act 1956

The Health Act 1956 (HA 1956) gives broad powers to the Minister of Health, the Director-General of Health and medical officers of health (MOHs) to deal with the COVID-19 outbreak. (MOHs are doctors who specialise in community healthcare and are appointed by the Director-General of Health.)
COVID-19 is now listed as both a notifiable infectious disease and a quarantinable infectious disease under the HA 1956. Epidemic notices have been issued (see Epidemic Preparedness Act 2006) and numerous orders and an oral direction made by the Director-General of Health under section 70 of the HA 1956. For a complete list of the orders and oral direction, see the government's COVID-19 website.
This means that MOHs now have extensive powers to, for example:
  • Close all premises except "essential businesses" (defined as businesses that "are essential to the provision of the necessities of life and those businesses that support them").
  • Direct that a person suspected of having COVID-19 undergo a medical examination if they pose a public health risk and have refused to be examined.
  • Forbid people to congregate outdoors, unless they remain two metres apart.
  • Require that event co-ordinators provide information about contacts of an infected person.
  • Require persons to be isolated, quarantined or disinfected.
If necessary, MOHs may ask the Police for help when exercising their powers under the HA 1956. People who do not comply with directions or requirements may be convicted, fined or even deported.

Legal challenges to lockdown powers

A v Ardern [2020] NZHC 796 and B v Ardern [2020] NZHC 814

In A v Ardern [2020] NZHC 796 and B v Ardern [2020] NZHC 814, the lawfulness of a section 70(1)(f) HA 1956 order made by the Director-General of Health on 3 April 2020 (and extended on 21 April 2020) (3 April Order) was considered. The 3 April Order (now revoked) required everyone in New Zealand to remain at home except as permitted for "essential personal movement".
In these two cases, the High Court held that any detention to which A (and his family) and B were subject to under the 3 April Order was lawful and that they were not subject to detention within the meaning of the Habeas Corpus Act 2001.
The Court of Appeal dismissed an appeal by A and B (A v Ardern [2020] NZCA 144).
The Supreme Court dismissed an application by A and B for leave to appeal in Re Nottingham [2021] NZSC 147.
The interim order suppressing A and B's names has now been lifted: they are Dermot Gregory Nottingham and Robert Earle McKinney.

Christiansen v Director-General of Health [2020] NZHC 887

On 4 May 2020 the High Court delivered its judgment on an urgent interim orders application relating to the government's powers under a HA 1956 order (see Ombudsman investigation into MIQ system). The applicant (C) sought judicial review of decisions by officials from the MOH not to grant him an exemption to leave mandatory managed isolation early to visit his dying father. He was in managed isolation as directed under the Health Act (Managed Air Arrivals) Order issued by the Director-General of Health under section 70(1)(f) of the HA 1956 on 9 April 2020 and extended and amended on 21 April 2020 (HA Order).
The High Court granted interim orders to prevent the MOH from enforcing the restrictions under the HA 1956 and allowing C to visit his father, albeit under strict conditions such as having to maintain physical separation from his family and wear personal protective equipment as directed by the MOH.

Andrew Borrowdale v Director-General of Health

Andrew Borrowdale (B), who was a law drafter and former Parliamentary Counsel, filed an application for judicial review in the Wellington High Court.
Along with two other causes of action, he sought declarations that the Director-General of Health, in issuing certain HA 1956 orders, exceeded his powers and failed adequately to consider and give weight to provisions of the NZBORA 1990 and the principles in Part 3A of the HA 1956. B sought a declaration that the HA 1956 orders were ultra vires.
The other two causes of action related to an alleged unlawful:
  • Limit on affirmed rights under the NZBORA 1990.
  • Delegation by MBIE in relation to the scheme under which MBIE determined what was an essential service.
The Court of Appeal declined a request from B to accept the case for hearing (skipping the High Court) (Borrowdale v Director-General of Health [2020] NZCA 156).
The New Zealand Law Society/Te Kāhui Ture o Aotearoa (NZLS), the Criminal Bar Association of New Zealand Inc (CBA) and the Auckland District Law Society Inc (ADLS) applied for leave to intervene in the proceedings. On 18 June 2020 the High Court allowed the NZLS' application (subject to conditions to avoid the risk of expanding the issues, elongating the hearing and increasing litigation costs). However, it declined the applications of the CBA and ADLS (Borrowdale v Director-General of Health [2020] NZHC 1379).
The case was heard between 27 and 29 July 2020, before a rare full bench of the High Court.
In its judgment dated 19 August 2020, the High Court made a declaration that:
"By various public and widely publicised announcements made between 26 March and 3 April 2020 in response to the COVID-19 public health crisis, members of the executive branch of the New Zealand Government stated or implied that, for that nine-day period, subject to limited exceptions, all New Zealanders were required by law to stay at home and in their “bubbles” when there was no such requirement. Those announcements had the effect of limiting certain rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990 including, in particular, the rights to freedom of movement, peaceful assembly and association. While there is no question that the requirement was a necessary, reasonable and proportionate response to the COVID-19 crisis at that time, the requirement was not prescribed by law and was therefore contrary to s 5 of the New Zealand Bill of Rights Act."
The court also held that the problem was corrected when the HA 1956 order made on 3 April 2020 came into effect on that date meaning the declaration has no effect on later or current restrictions. The remainder of the challenges failed and the relevant claims were dismissed.
B unsuccessfully appealed the decision.
A COVID-19 Technical Advisory Group, currently chaired by Dr Ian Town who is Chief Science Advisor at the MOH, has been established to provide advice to the MOH during the COVID-19 outbreak.
See Other key legislation and legislative instruments for relevant legislative instruments.

Epidemic Preparedness Act 2006

The Epidemic Preparedness Act 2006 (EPA 2006) enables any necessary changes to legislation to be made, either by activating dormant legislative provisions or by the Governor-General modifying legislation (by Order in Council). There is a high threshold for use of the provisions: the Prime Minister must have issued an epidemic notice in the New Zealand Gazette. To do so, she must be satisfied, on the advice of the Director-General of Health, that the effects of the COVID-19 outbreak are "likely to disrupt or continue to disrupt essential governmental and business activity in New Zealand (or stated parts of New Zealand significantly" (section 5(1), EPA 2006). (The EPA 2006 has been amended by the COVID-19 Response (Further Management Measures) Legislation Act 2020, see COVID-19 Response (Further Management Measures) Legislation Act 2020.)
On 24 March 2020, the Prime Minister issued the:

Civil Defence Emergency Management Act 2002

A state of local or national emergency can be declared by the Minister of Civil Defence under the Civil Defence Emergency Management Act 2002 (CDEMA 2002) to support New Zealand pandemic response measures. The Pandemic Plan notes that this will only happen in "extreme circumstances".
A state of national emergency was declared under section 66 of the CDEMA 2002 on 25 March 2020 (it ended on 13 May 2020 and was replaced by a National Transition Period which was terminated on 8 June 2020). This means that special powers under the HA 1956 (see Ombudsman investigation into MIQ system) and the CDEMA 2002 were activated including (under the CDEMA 2002):
  • Powers of requisition (where necessary for the preservation of human life).
  • Powers to close roads and public places to prevent or limit the extent of the emergency.
  • Powers to give directions to stop people from doing activities that may cause or substantially contribute to the emergency.
(Sections 88, 90 and 91, CDEMA 2002.)
The penalties, if convicted of an offence under the CDEMA 2002, are three months in prison and/or a fine of up to $5,000 for individuals and a fine of up to $50,000 for bodies corporate.
See Other key legislation and legislative instruments for relevant legislative instruments made under the CDEMA 2002.
On 17 December 2021, the government announced a new Bill to replace the CDEMA 2002. For more information, see the Minister for Emergency Management the Hon Kiritapu Allan's media release.

New Zealand Bill of Rights Act 1990

The Honourable Andrew Little has been appointed to the office of Acting Attorney- General for the purpose of exercising the Attorney-General's functions under section 7 of the NZBORA 1990 where a bill relates to the public health response to the COVID-19 outbreak.

Other key legislation and legislative instruments

Act or legislative instrument
Details
  • Made under section 7 of the Education Act 1989.
  • Sets out additional enrolment criteria for accessing dual tuition at Te Aho o Te Kura Pounamu to ensure that students who have been unable to enter New Zealand due to travel restrictions associated with COVID-19 can access education while overseas.
  • In force from 17 February 2020. 
  • Sets out criteria for additional government-funded dual-tuition access at Te Aho o Te Kura Pounamu to provide education support for domestic students in Auckland impacted by COVID-19.
  • It also sets out criteria for additional government-funded enrolment at Te Aho o Te Kura Pounamu for overseas domestic students who are unable to access local education because of impacts relating to the COVID-19 outbreak.
  • In force from 9 October 2020. 
  • Made under section 68 of the ETA 2020.
  • Sets out criteria for additional government-funded dual-tuition access at Te Aho o Te Kura Pounamu to provide education support for students in Auckland impacted by COVID-19.
  • In force from 1 November 2021.
  • Made under clause 3 of Schedule 25 of the ETA 2020.
  • Provides directions for the governing bodies of all registered schools who offer education at Years 11, 12 and 13 in the Alert Level 3 area to comply with specified requirements including that they ensure that their respective schools comply with all applicable COVID-19 Public Health Response (Alert Level Requirements) Orders.
  • Must be complied with from 29 September 2021.
  • Adds to the existing list of building consent exemptions in Schedule 1 of the BA 2004.
  • One of the purposes of the new exemptions is to help support the building sector during the COVID-19 recovery.
  • In force from 31 August 2020.
  • The Registrar of Companies has given General Electric International, Inc. nine months from 5 May 2020 to meet certain deadlines under the CA 1993 with respect to the 2015 to 2019 accounting periods. While six months would normally be provided, the Registrar considers nine months to be appropriate in light of the challenges presented by COVID-19.
  • Will expire on 31 July 2024.
  • Made under clause 8 of the CPHR(PCT)O 2021.
  • Authorises the specified persons or class of persons to do any or all of the activities that are prohibited by clause 7 of the CPHR(PCT)O 2021, to import, supply and sell the specified point-of-care tests, to use the specified point-of-care tests to test for SARS-CoV-2 or COVID-19 and to use the specified point-of-care tests..
  • Made under clause 4 of the CPHR(AB)O (No 2) 2020.
  • Exempts the following countries or territories from the term specified places for the purposes of the CPHR(AB)O (No 2) 2020:
    • Antarctica;
    • Australia;
    • The Cook Islands;
    • Federated States of Micronesia;
    • Fiji;
    • Kiribati;
    • Marshall Islands;
    • Nauru;
    • New Caledonia;
    • New Zealand;
    • Niue;
    • Palau;
    • Samoa;
    • Solomon Islands;
    • Tokelau;
    • Tonga;
    • Tuvalu;
    • Vanuatu; and
    • Wallis and Futuna.
  • In force from 11.59pm on 25 January 2021.
  • Made under section 11 of the CPHRA 2020 in accordance with section 9 of the CPHRA 2020.
  • Provides for the issue of COVID-19 vaccination certificates (CVCs). A CVC may be issued to a person who is vaccinated against COVID-19 or to a person who has been granted a COVID-19 vaccination exemption. A CVC may be used by a person as evidence when proof of vaccination status is required, for example, to enter certain areas, places or premises, or to receive certain services.
  • In force from 11.59pm on 28 November 2021.
  • Amended by the COVID-19 Public Health Response (COVID-19 Vaccination Certificate) Amendment Order 2021 from 11.58pm on 2 December 2021 to remove the requirement that a COVID-19 vaccination certificate show its date of issue.
  • Made under clause 26 of the CPHR(AB)O (No 2) 2020.
  • Exempts from clause 7E of the CPHR(AB)O (No 2) 2020 employees of Recognised Seasonal Employers (RSE workers) who arrive in New Zealand from:
    • Samoa; 
    • the Solomon Islands;
    • Tonga; or 
    • Vanuatu.
    The RSE workers must have had at least one dose of a COVID-19 vaccine and provide evidence of compliance with the requirement to have a COVID-19 vaccine on request.
  • Exempts from clause 7F of the CPHR(AB)O (No 2) 2020 air carriers carrying RSE workers to New Zealand.
  • In force from 11:59pm on 3 November 2021. 
  • Made under clause 26 of the CPHR(AB)O (No 2) 2020.
  • Provides an exemption (where certain requirements are met) for persons arriving in New Zealand on Recognised Seasonal Employer (RSE) flights from the requirements for: 
    (See clause 4 for the definition of a RSE flight.)
  • In force from 11:59pm on 3 October 2021. 
(CPHR(IQ)O 2020)
  • Made under regulation 10C of the CPHR(MIQC)R 2020.
  • Waives MIQ charges that would otherwise be payable for persons who were supported or enabled to depart Afghanistan by the New Zealand government as confirmed by the Ministry of Foreign Affairs and Trade and who departed Afghanistan on or after 16 August 2021.
  • In force from 12.01am on 21 December 2021.
  • Made under section 11 of the CPHRA 2020 in accordance with section 9 of the CPHRA 2020.
  • Purpose is to prevent and limit the risk of the outbreak or spread of COVID-19. 
  • Prohibits a person from importing, manufacturing, supplying, selling, packing or using a point-of-care test for SARS-CoV-2 or COVID-19 unless the Director-General of Health has:
    • authorised the person’s activity; or
    • exempted the point-of-care test from the prohibition.
  • In force from 22 April 2021.
(CPHR(PF)O 2021)
  • Specifies the groups of affected persons who must report for, and undergo, recurring testing and medical examinations for COVID-19. It also specifies the frequency of the required testing and medical examination.
  • In force from 11:59pm on 6 September 2020.
  • Made under section 11ABAB of the CPHRA 2020 in accordance with section 11AA of the CPHRA 2020.
  • Specifies the classes of work (specified work) that may only be carried out by affected workers who are vaccinated, exempt persons or authorised persons.
  • Prescribes the details of vaccination records that must be kept by a person conducting a business or undertaking (PCBU) of an affected worker under section 17B of the Act and the manner in which the records must be kept.
  • In force from 11.59pm on 15 December 2021.
  • Made under section 33AA of the CPHRA 2020.
  • Prescribe an assessment tool that PCBUs may use to ascertain whether it is reasonable to require workers of the PCBU not to carry out work for the PCBU unless the workers are vaccinated.
  • In force from 15 December 2021.
  • Revoked on the date on which the CPHRA 2020 is repealed.
  • Amends the CPHRA 2020 to validate retrospectively isolation and quarantine charges in respect of Australian citizens and persons holding certain visas issued by the Government of Australia.
  • In force from 25 May 2021.
  • Introduces a short-term consenting process to fast-track projects that can boost employment and economic recovery post-COVID-19, including:
    • fast-tracking consenting and designation processes for eligible projects listed in Schedule 2 to the CR(FTC)A 2020;
    • accelerating the beginning of work on a range of different sized and located projects; and
    • supporting certainty of ongoing employment and investment across New Zealand.
  • In force from 9 July 2020.
  • Will be revoked on 8 July 2022. 
  • Fast-track projects have been referred to an expert consenting panel under the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020 (CR(FTC)RPO 2020). 
  • For more information on fast-track listed projects under the CR(FTC)RPO 2020, see the Environmental Protection Authority website.
  • The CR(RFE—ME)A 2020 has been amended by the COVID-19 Response (Management Measures) Legislation Act 2021 (in force from 3 November 2021) to revive the CR(RFE—ME)A 2020 processes and powers for the period from 3 November 2021 until 30 April 2022 (but which period may be extended by Order in Council). 
  • Provides for processes for entities impacted by COVID-19, including:
    • electronic means for doing things that an entity's constitution or rules would otherwise prevent; and 
    • the modification of certain requirements or restrictions in an entity's constitution or rules if it is not reasonably practicable to comply with them.
  • An entity may make permanent amendments to its constitution or rules through electronic voting.
  • Also provides:
    • powers for responsible registrars and ministers to exempt classes of persons from certain provisions of specified enactments; and
    • powers for the Chief Judge of the Māori Land Court to grant relief from compliance with terms of certain orders made under Te Ture Whenua Māori Act 1993.
  • An omnibus Act aimed at assisting the government's response to the economic impact of the COVID-19 outbreak and which contains extensive measures including:
    • introducing wide-ranging tax and regulatory changes to support businesses, such as a tax loss carry-back regime; 
    • bringing forward the commencement of protections for vulnerable borrowers under the Credit Contracts Legislation Amendment Act 2019; 
    • deferring the commencement of certain sections of the Animal Welfare Amendment (No 2) Act 2015 which change the rules about who may carry out surgical procedures on animals and were due to come into force on 9 May 2020;
    • extending timeframes for certain entities to provide draft planning documents to responsible or shareholder Ministers.
  • Mainly in force from 30 April 2020 but some sections in force retrospectively in March 2020 and earlier in April 2020.
  • Sets out specific measures providing tax relief and easing accessibility to social security benefits to address the economic impacts of the COVID-19 outbreak.
  • In force from 25 March 2020 except specified sections which have retrospective application or come into force on later dates during 2020.
  • For more information, see the Inland Revenue Department's (IRD) special report.
  • An omnibus Act that amends the CPHRA 2020 and the Employment Relations Act 2020 to make vaccination a more prominent part of New Zealand's COVID-19 response framework. For example, it prohibits people from entering certain places if they are not vaccinated or exempted from vaccination. It specifies that proof of vaccination cannot be required for accessing certain life-preserving services such as:
    • the ability to go to the supermarket or pharmacy; or
    • to access core or compulsory educational services, health and disability services or work and income support.
  • In force from 26 November 2021.
  • Made under section 32 of the NZPHDA 2000 and section 103 of the CEA 2004.
  • Specifies the persons who are eligible to receive publicly funded COVID-19 vaccination.
  • In force from 13 February 2021 and expires on 31 December 2021, unless earlier extended or revoked by the Minister of Health. 
  • Authorises customs officers to direct that a person arriving in or leaving New Zealand remain in a designated place (such as a Customs-controlled area at an airport) if they reasonably suspect the person is liable to be detained under any legislation because of an infectious disease (section 208, CEA 2018).
  • The person may then be questioned, detained or arrested in the designated place by the police or an authorised agent of the relevant government department (section 208(2), CEA 2018).
  • Provides privacy rules relating specifically to customs (section 301, CEA 2018). 
  • Made under section 171 of the CEA 2018.
  • Amend the Customs and Excise Regulations 1996 to insert a new regulation 71E that will mean that, in specified circumstances, Customs must refund or remit any interest or penalty if the duty payer’s ability to pay on time is (or was) significantly adversely affected by the effects of COVID-19.
  • Will be revoked on 25 March 2022. 
  • Made under clause 13(3) of the CPHR(RT)O 2020.
  • Designates the listed locations as designated testing places for the purpose of saliva testing from the specified dates.
  • Made under clause 13(3) of the CPHR(RT)O 2020.
  • Designates the listed locations as designated testing places for the purpose of saliva testing from the specified dates.
  • Made under clause 13(3) of the CPHR(RT)O 2020.
  • Designates the listed locations as designated testing places for the purpose of saliva testing from the specified dates.
  • Made under clause 13(3) of the CPHR(RT)O 2020.
  • Designates the listed locations as designated testing places for the purpose of saliva testing from the specified dates.
  • Made under clause 13(3) of the CPHR(RT)O 2020.
  • Designates the listed locations as designated testing places for the purpose of saliva testing from the specified dates.
  • Made under clause 13(3) of the CPHR(RT)O 2020.
  • Designates the listed locations as designated testing places for the purpose of saliva testing from the specified dates.
  • Made under clause 13(3) of the CPHR(RT)O 2020.
  • Designates the listed locations as designated testing places for the purpose of saliva testing from the specified dates.
  • Made under clause 13(3) of the CPHR(RT)O 2020.
  • Designates the listed locations as designated testing places for the purpose of saliva testing from the specified dates.
  • Made under clause 9 of the CPHR(AB)O (No 2) 2020.
  • Designates the following routes of travel between a place outside New Zealand and another place (in or outside New Zealand) as higher-risk routes:
    • Los Angeles and any airport in New Zealand;
    • San Francisco and any airport in New Zealand;
    • Narita and any airport in or outside New Zealand;
    • Seoul and any airport in or outside New Zealand;
    • Hong Kong and any airport in or outside New Zealand;
    • Guangzhou and any airport in or outside New Zealand;
    • Shanghai and any airport in or outside New Zealand and
    • Taipei and any airport in or outside New Zealand.
  • In force from 11.59pm on 23 July 2021. 
  • The designation will cease once the CPHR(AB)O (No 2) 2020 ends or earlier as otherwise amended or revoked.
  • Directs the governing bodies of all relevant registered schools to comply with certain requirements as appropriate to the Alert Level in which the school is situated from 26 October 2021 including that students in Years 11 to 13, and relevant students in Years 9 and 10, can attend school for on-site learning if the specified conditions can be met including appropriate physical distancing for all persons on site being observed as far as is reasonably practicable.
  • Applies to all registered schools in any COVID-19:
    • Alert Level 3 area providing education to students in Years 11 to 13;
    • Alert Level 3 area providing preparatory study, and conducting assessments and examinations for students in Years 9 and 10;
    • Alert Level 2 area providing education to students in Years 11 to 13 travelling from an Alert Level 3 area; and
    • Alert Level 2 providing preparatory study, and conducting assessments and examinations for students in Years 9 and 10 travelling from an Alert Level 3 area.
  • Directs the governing bodies of all registered schools who offer education at Years 12 and 13 in the Alert Level 3 area to comply with certain requirements from 1 September 2021 including that students at Year 12 and 13 should be learning from home unless specified conditions can be met such as that, in the opinion of the principal or professional leader (as the case may be) of the school, there is an educational need for a student or students in Year 12 or 13 to physically attend the school.
  • Modifies restrictions imposed by the CEA 2018 (in relation to the Customs Appeal Authority's ability to accept applications for an extension of time to bring an appeal) because they may be impossible or impracticable to comply with during an epidemic.
  • Made under section 15 of the EPA 2006.
  • Modification will cease 20 working days after the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked (see Epidemic Preparedness Act 2006).
  • Modifies the requirement imposed by section 96(1)(c) of the SSA 2018 (in relation to information that must be provided by an applicant for temporary additional support) because it may be impossible or impracticable to comply with this requirement during an epidemic.
  • Made under section 15 of the EPA 2006.
  • The Self-Isolation Exemption:
    • is made under clause 15GU of the CPHR(IQ)O 2020;
    • exempts from clauses 15GP(2) and 15GS(1) of the CPHR(IQ)O 2020 persons who travel to New Zealand on or about 10 December 2021 to participate in the Summer of Cricket series as part of the Bangladesh Men's Cricket team, which includes players, coaches, team management and other support staff, subject to those persons complying with specified requirements;
    • is in force at the same time as clause 15GM of the CPHR(IQ)O 2020 applies to all of the self-isolating members of the Bangladesh Men's Cricket team; and
    • expires after all of the self-isolating members of the Bangladesh Men's Cricket team have satisfied the requirements under clause 15GN of the CPHR(IQ)O 2020.
  • Made under clause 31A of the CPHR(MB)O (No 2) 2020.
  • Exempts from clauses 24(2), 27 and 28 of the CPHR(MB)O (No 2) 2020 crew members who arrive in New Zealand on an aircraft undertaking a quarantine-free travel flight, subject to the crew members complying with specified requirements. 
  • In force from 11.59pm on 23 April 2021. 
  • Made under clause 26 of the CPHR(AB)O (No 2) 2020.
  • Exempts from clauses 8(2A), (3) and (4) New Zealand government officials and support staff, accompanying evacuees from Afghanistan, on charter flights from Australia to New Zealand, commencing 26 August 2021, where persons meet the specified conditions.
  • In force from 11.59pm on 25 August 2021.
  • Made under clause 26 of the CPHR(AB)O (No 2) 2020.
  • Exempts from clause 8(2B) of the CPHR(AB)O (No 2) 2020 persons who obtain a certificate from a medical practitioner no more than 72 hours before starting their journey from a specified place confirming they do not have symptoms which indicate that they are likely to transmit COVID-19.
  • The specified places are:
    • Albania;
    • Belize;
    • Dominica;
    • Kenya;
    • Laos;
    • Montenegro;
    • Myanmar;
    • Slovenia;
    • St Kitts and Nevis;
    • St Vincent and the Grenadines;
    • Tajikistan; and
    • Turkmenistan.
  • In force from 11.59pm on 5 May 2021.
  • Made under clause 26 of the CPHR(AB)O (No 2) 2020.
  • Exempts from clause 8(2B) of the CPHR(AB)O (No 2) 2020 persons who arrive in New Zealand and are not ordinarily resident in New Zealand, subject to conditions including that the person must have a negative result from a COVID-19 test administered no more than seven days immediately before the person’s arrival in New Zealand. 
  • In force from 11.59pm on 5 May 2021.
  • Made under clause 27A of the CPHR(AB)O (No 2) 2020.
  • Exempts from clause 8(2B) of the CPHR(AB)O (No 2) 2020 persons who arrive in New Zealand by air if their journey to New Zealand began (or is taken by clause 8(4AA) of the CPHR(AB)O (No 2) 2020 to have begun) in Afghanistan.
  • Subject to the condition that the person must be transferred as soon as practicable to a MIQ facility for Day 0/1 COVID-19 testing once the necessary border entry procedures have been completed after the person’s arrival in New Zealand.
  • Made under clause 26 of the CPHR(AB)O (No 2) 2020.
  • Exempts from clause 8(3) of the CPHR(AB)O (No 2) 2020 medical attendants and specified aircrew working in accredited aeromedical services who have travelled to, or from, one of the following places while assisting, as a medical attendant or air crew member, with a medical air transfer to, or from, New Zealand:
    • Australia;
    • Nauru;
    • Cook Islands;
    • Samoa;
    • Niue;
    • Tonga;
    • Vanuatu;
    • New Caledonia;
    • American Samoa;
    • Tahiti;
    • Tokelau;
    • Tuvalu; or
    • Kiribati.
  • In force from 11.59pm on 30 June 2021.
  • Made under clause 26 of the CPHR(AB)O (No 2) 2020.
  • Exempts from clause 8(3) of the CPHR(AB)O (No 2) 2020 specified aircrew members returning to New Zealand after attending training for regulatory compliance.
  • In force from 11.59pm on 10 November 2021.
  • Made under clause 31A of the CPHR(MB)O (No 2) 2020.
  • Exempts from clause 17(4A)(c) of the CPHR(MB)O (No 2) 2020 persons arriving in New Zealand on board a ship which, since it last departed from a port or place in New Zealand, has only travelled within New Zealand's exclusive economic zone. 
  • Subject to the condition that no person on board the ship:
    • is otherwise required by a COVID-19 order to be isolated or quarantined on their arrival in New Zealand; and
    • came into contact with any person who was not part of the voyage, unless the contract was approved in advance by the Director-General of Health.
  • In force from 11.59pm on 1 October 2021.
  • Made under clause 31A of the CPHR(MB)O (No 2) 2020.
  • Exempts from clauses 17 and 19 of the CPHR(MB)O (No 2) 2020 the crew members of the MV Southern Tiare scheduled to arrive in New Zealand between 1 November 2021 and 31 January 2022.
  • Made under clause 31A of the CPHR(MB)O (No 2) 2020.
  • Exempts from clause 24(2) of the CPHR(MB)O (No 2) 2020 New Zealand Domiciled Crew.
  • New Zealand Domiciled Crew are New Zealand domiciled persons who:
    • will board a ship that is scheduled to depart from New Zealand and who will remain on board that ship after it departs from New Zealand; and
    • are engaged on board the ship as crew within the meaning of clause 4 of the CPHR(MB)O (No 2) 2020, to ensure that the ship’s cargo reaches its destination in the condition acceptable to the owner of the cargo or to undertake work necessary to the ongoing operation of the ship.
  • In force from 11.59pm on 4 March 2021.
  • Made under clause 27A of the CPHR(AB)O (No 2) 2020.
  • Exempts from clause 8(2B) of the CPHR(AB)O (No 2) 2020 persons who are arriving in New Zealand by air and who started, or who are taken to have started, their journey to New Zealand from the following countries or places:
    • Antarctica;
    • The Cook Islands;
    • Federated States of Micronesia;
    • Fiji;
    • Kiribati;
    • Marshall Islands;
    • Nauru;
    • New Caledonia;
    • Niue;
    • Palau;
    • Samoa;
    • Solomon Islands;
    • Tokelau;
    • Tonga;
    • Tuvalu; and
    • Vanuatu.
  • In force from 11.59pm on 7 November 202.
  • Made under clause 26 of the CPHR(AB)O (No 2) 2020.
  • Exempts from clause 22 (and to the extent it refers to that clause) clause 21(2)(b) of the CPHR(AB)O (No 2) 2020 persons who are specified air crew members and who:
    • arrive in New Zealand on an aircraft undertaking a flight operated by Air New Zealand Limited as part of a scheduled international air service; 
    • has travelled on a higher-risk route within the seven days immediately before arriving in New Zealand, but only on an aircraft undertaking a flight operated by Air New Zealand Limited as part of a scheduled international air service; and
    • has been fully vaccinated against COVID-19.
  • Subject to the condition that a suitably qualified health practitioner responsible for the medical examination and testing of the aircrew member under clause 8(2) of the CPHR(AB)O (No 2) 2020 is satisfied that the member is at a low risk of having or transmitting COVID-19 and does not apply in specified circumstances.
  • In force from 11.59pm on 30 June 2021.
  • Made under clause 105 of the CPHR(PF)O 2021.
  • Exempts from clauses 29 and 30 of the CPHR(PF)O 2021 for persons to produce a temporary exemption issued by the MoH to permit entry to a premise of a regulated business or service that requests a COVID-19 vaccination certificate (CVC) persons who have an active service request with the MoH to have:
    • an overseas vaccination record added to the COVID-19 Immunisation Register (CIR);
    • their vaccination record entered on the CIR; or 
    • an existing vaccination record corrected 
  • Subject to specified conditions including that the exempt persons must produce the temporary exemption when a CVC is requested to enter the premise of a regulated business or service.
  • Made under clause 105 of the CPHR(PF)O 2021.
  • Exempts from clauses 29 and 30 of the CPHR(PF)O 2021 for persons to produce a temporary exemption issued by the MoH to permit entry to a premise of a regulated business or service that requests a CVC the crew on board the United States Coast Guard Cutter (USCGC) Polar Star. 
  • Subject to specified conditions including that the exempt persons must produce the temporary exemption when a CVC is requested to enter the premise of a regulated business or service.
  • Made under clause 105 of the CPHR(PF)O 2021.
  • Exempts from clause 90 of the CPHR(PF)O 2021 and permits the specified classes of persons to enter the extended Auckland area for the purposes specified:
    • children who are enrolled to attend a licensed early childhood service for the purpose of enabling them to attend that licensed early childhood service;
    • the parents or caregivers of children who are enrolled to attend a licensed early childhood service and who need to cross the alert level boundary solely for the purpose of delivering or retrieving the child; and
    • those workers at a licensed early childhood education service who need to cross the boundary to carry out work at or for a licensed early childhood service.
  • Subject to specified conditions including that the persons travel directly to and from the early childhood education centre without stopping anywhere else in the extended Auckland area and workers carrying evidence of having a had a COVID-19 test administered within seven days of travel. 
  • Made under section 170(3) of the ETA 2020.
  • Extends the period for closing nominations and all subsequent actions required by the E(BE)R 2000 for schools which meet the specified conditions.
  • Applies to the election of a student representative for all schools required to hold an election for a student representative and:
  • The call for nominations must be completed by 18 February 2022.
  • The close of nominations for those elections will be at 12:00pm on 11 March 2022 and voting for the elections will close at 4:00pm on 13 April 2022.
  • In force from 26 November 2022.
  • Amend the Family Court Rules 2002 to (during an emergency):
    • allow for electronic filing and service of documents; 
    • provide for reliance on unsworn affidavits in proceedings;
    • enable registrars to sign orders and seal judgments electronically; and
    • provide judges with a discretion to hold directions conferences in proceedings filed without notice under the Care of Children Act 2004.
  • Made under section 343 of the Food Act 2014 (FA 2014).
  • Exempt certain non-essential food businesses from verification requirements set out in the Food Regulations 2015. 
  • The exemption is available if verification is due during the COVID-19 lockdown period or the four weeks immediately after it and a business is unable to operate, or able to operate only with restrictions on its operations, because of an order or other restriction made or imposed under specific provisions of the HA 1956 or the CPHRA 2020.
  • The exemption applies from the date on which the first of any relevant orders or restrictions comes into force. If verification of the business is due during:
    • a COVID-19 lockdown period, the exemption ends six months after the last of the orders or restrictions is revoked.
    • the four weeks immediately after a COVID-19 lockdown period, the exemption ends six months after the verification is due.
  • Will be revoked on 22 May 2022.
  • Amends the Gambling Act 2003 to modify the definition of "remote interactive gambling" during the specified period due to the effects of COVID-19.
  • In force from 21 December 2021.
  • Will be repealed on the close of 31 October 2024.
  • Sets out the requirements for the notification and management of infectious and notifiable diseases by health practitioners.
  • Regulates the quarantining of ships and aircrafts coming into New Zealand from overseas in the event of there being any sickness or disease among the passengers or crew on a ship or aircraft. 
  • Amend the High Court Rules 2016 to:
    • ensure hearings can proceed with remote participation;
    • allow for the electronic filing of documents; and
    • provide for reliance on unsworn affidavits.
  • The continuing need for the amendments will be reviewed once the COVID-19 outbreak is over.
  • Temporarily amends the IA 2009.
  • Facilitates the quick and efficient management of visa changes during the COVID-19 outbreak.
  • Introduces eight new powers, being the power to:
    • vary or cancel conditions for classes of resident class visa holders;
    • impose, vary or cancel conditions for classes of temporary entry class visa holders;
    • waive any regulatory requirements for certain classes of applications;
    • grant visas to individuals and classes of people in the absence of an application;
    • extend the expiry dates of visas for classes of people;
    • waive the requirement to obtain a transit visa in an individual case;
    • revoke the entry permission of a person who has been deemed by regulations to hold a visa and to have been granted entry permission; and
    • suspend the ability of classes of people to make applications for visas or submit expressions of interest in applying for visas.
  • These new powers will enable the government to amend visa conditions for large groups of people, extend visas of large groups of people for varying periods of time (enabling processing to be staggered), stop people overseas from making applications while it is not possible to travel to New Zealand due to border restrictions and refuse entry to certain people with deemed entry permission to prevent them from entering New Zealand while border restrictions are in place. 
  • These powers are wide-reaching; they could potentially affect large numbers of people and accordingly the powers are subject to a range of safeguards. 
  • The new powers were extended until 15 May 2023 by the Immigration (COVID-19 Response) Amendment Act 2021.
  • Made under sections 400 to 401A of the IA 2009.
    • change the defined term COVID-19 safe travel zone to the term COVID-19 quarantine-free travel zone to more accurately reflect the nature of the travel zone; and
    • allow a person to apply for a temporary entry class visa if they are in a country or territory that was, but is no longer, a COVID-19 quarantine-free travel zone.
  • In force from 7 May 2021.
  • Made under sections 400 to 401A of the IA 2009.
  • Amend the I(VEPRM)R 2010 to change one of the exceptions to the temporary suspension of the ability of a person outside New Zealand to apply for a temporary entry class visa to apply only to any person in, or intending to travel from, the Cook Islands or Niue.
  • In force from 22 September 2021.
  • Made under section 400 of the IA 2009. 
  • Amend the I(VEPRM)R 2010 to
  • In force from 1 December 2021 (except for regulation 6 which comes into force on 5 February 2022 (not yet in force)).
  • Sets the salaries and allowances for the Judges of the Supreme Court, the Court of Appeal, the High Court, the District Court, the Court Martial Appeal Court, the Court Martial, the Employment Court, the Māori Land Court and for Coroners.
  • Takes into account the negative impact of COVID-19 on the New Zealand economy and society and takes a conservative approach in increasing remuneration by 1.4%. 
  • In force from 1 October 2021.
  • Expires on 30 September 2022.
  • Made under section 35 of the Juries Act 1981.
  • Amend the Jury Rules 1990 including to waive requirements for available jurors to be in the presence of the Registrar during balloting if it would not be reasonably practicable to meet both those requirements and physical distancing requirements relating to a quarantinable disease, but only if those who are not in the presence of the Registrar at that time are in another area of the court precincts where they are able to hear the balloting (for example, by audio or audiovisual link).
  • In force from 31 July 2020.
  • Made under the Land Transport Act 1998 (LTA 1998).
  • Enables overseas visitors who are in New Zealand to drive in New Zealand for a temporary extended period, without needing to convert their overseas licence to a New Zealand licence.
  • The temporary extended period is up to a maximum of 24 months after arrival and does not extend beyond 31 March 2022.
  • In force from 18 December 2020.
  • Made under sections 152, 152A, 154 and 158 of the LTA 1988.
  • Amends the Land Transport Rule: COVID-19 Response 2021 to extend the period, beyond the stated expiry date of the relevant land transport document, in which drivers continue to be licensed and be able to use endorsements and identification cards, during and subsequent to the key restrictions imposed in response to the outbreak of COVID-19.
  • In force from 11.59pm on 30 November 2021.
  • Made under the RAA 1977 and clauses 6 and 7A of Schedule 7 of the LGA 2002, after having regard to the matters specified in clause 7 of that schedule.
  • Given the uncertainty due to the further waves of COVID-19 recurring around the world the Remuneration Authority has taken a conservative approach to its determination of local government members’ remuneration for the 2021/22 year.
  • In force from 1 July 2021.
  • Expires at the close of 30 June 2022.
  • Amends the MA 1981 including to validate retrospectively certain provisional consents for COVID-19 vaccines.
  • In force from 25 May 2021.
  • Made under section 105 of the MA 1981.
  • Amend the Medicines Regulations 1984 to provide for the authorisation of personnel not otherwise authorised as COVID-19 vaccinators where the relevant person has satisfactorily completed certain training.
  • In force from 28 May 2021.
  • Revoked on 1 June 2023.
  • Amends the Ministerial Direction – Disability Allowance to remove requirements relating to verification of expenses when granting or reviewing a person's entitlement to any disability allowance if a state of local or national emergency is in force, an epidemic notice has been given and is in force or where a state of emergency or epidemic notice is reasonably expected to be imminent.
  • Made under section 7 of the SSA 2018 by the Minister for Social Development.
  • Exempts Callaghan Innovation from certain sections of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFTA 2009). 
  • The exemption only applies to loans provided by Callaghan Innovation under the:
    • Short-Term Loan Scheme to Support R&D Performing Businesses in Response to the COVID-19 Crisis referred to in Ministerial Direction to Callaghan Innovation on 27 August 2020 by the Minister of Research, Science and Innovation (see above); or 
    • programme offered by Callaghan Innovation to provide technology start ups with commercialisation support, international and local connections and access to investment through Technology Incubators.
  • Made in accordance with section 157(6)(b) of the AML/CFTA 2009 by the Associate Minister of Justice.
  • In force from 9 March 2021.
  • Expires on 9 March 2026.
  • Makes the national civil defence emergency management plan 2015 (Civil Defence Emergency Management Plan 2015), which is set out in the Schedule to the NCDEPO 2015.
  • The Guide to the Civil Defence Emergency Management Plan 2015 was updated in March 2020, including to enable local authorities to recover the welfare costs they incur when supporting people required to self-isolate due to the COVID-19 outbreak. For more information about the changes, see the NEMA's website.
  • Made under section 22 of the NZBNA 2016.
  • Adds information concerning organisation parts to the lists of information in Schedule 4 of the NZBNA 2016 so that businesses that are organised into parts will be able to choose to have a unique identifying number assigned to part(s) of the business. That information will be displayed on the New Zealand Business Number Register.
  • The ability to identify different parts of a business with certainty will also contribute to the government’s proposal to develop contact tracing systems in response to the effects of COVID-19. 
  • Prohibits the importation, manufacture, packaging, sale, possession, supply, administration or use of any COVID-19 vaccine unless:
    • approved by the Minister of Health or the Group Manager, Medsafe; and
    • the importation of the vaccine is made in accordance with all relevant conditions.
  • The importation of the consented or provisional consented vaccine is, if relevant, also subject to the Director-General of Health, or the Group Manager Medsafe, giving their approval under section 24 of the MA 1981.
  • Does not apply to specified distributions of vaccines, certain activities carried out by pharmacists or a vaccine supplied in accordance with conditions that have been approved by the Group Manager, Medsafe or the MoH under the MA 1981.
  • In force from 27 April 2021 for one year.
  • Made under section 408 of the FA 2014.
  • Gives notice of the issue on 31 August 2021 of the Food Notice: Requirements for Food Businesses Operating Under Registered Food Control Plans or National Programmes During the COVID-19 Response which came into effect on 31 August 2021.
  • Also amends Clause 3.1 of the Food Notice: Requirements for Food Control Plans and National Programmes, issued on 25 May 2017, to add clause 3.1(3).
  • Made under section 101 and 102 of the SSA 2018.
  • Amends the Employment and Work Readiness Assistance by inserting a new definition for Mana in Mahi and adds new kinds of assistance for Mana in Mahi. 
  • It also permits wage subsidies to be used to help people at low risk of long-term benefit receipt to retain unsubsidised employment.
  • A part of the Apprentice Boost scheme (for more information, see notice immediately above and Practice note, COVID-19: Government powers and planning: Economic response package).
  • In force from 5 August 2020.
  • Non-material amendments made under Part 4 of the CA 1986 to facilitate the provision of essential services during the COVID-19 outbreak, including to:
    • certain default price-quality paths applicable to regulated suppliers of electricity distribution businesses for the regulatory period 1 April 2015 to 31 March 2020;
    • the customised price-quality path (CPP) applicable to Wellington Electricity Lines Limited for the CPP regulatory period 1 April 2018 to 31 March 2021; and
    • the CPP applicable to Powerco Limited for the CPP regulatory period 1 April 2018 to 31 March 2023.
  • Made under section 161(3) of the LTA 1998.
  • Notifies the making of Land Transport Rule: COVID-19 Response 2021 the objective which is to allow for vehicles to continue to be operated lawfully, and for drivers to continue to be licensed and to use endorsements and identification cards, when restrictions imposed in response to the outbreak of COVID-19 make it impractical or unreasonable for persons to do tasks ordinarily required to enable vehicles to undergo periodic in-service inspection and certification, or to enable driver licences, endorsements and driver identification cards to be renewed.
  • In force from 15 September 2021.
  • Made under clause 96 of the CPHR(PF)O 2021.
  • Specifies examinations or tests for COVID-19 to be an applicable COVID-19 test for the purposes of clause 96 of the CPHR(PF)O 2021.
  • An omnibus Act which amends the LTA 1988, among other legislation, to support seafarers visiting New Zealand who are impacted by the COVID-19 outbreak by:
    • allowing maritime levies to be used to provide support services coordinated by the Seafarers Welfare Board;
    • removing unnecessary compliance costs from the transport system; and 
    • reducing regulatory failure by addressing duplication, gaps, errors and inconsistencies within transport legislation. 
  • In force from 1 April 2021.
  • Made under section 78A of the IA 2009.
  • Extends for six months Supplementary Seasonal Employment temporary visas with an expiry date between 30 December 2021 and 30 June 2022 (inclusive). The holder of the visa must have been in New Zealand on 1 November 2021. 
  • Expires on 30 June 2022 unless revoked earlier.
  • Made under clause 7E(5) of the CPHR(AB)O (No 2) 2020.
  • Specifies the COVID-19 vaccines that are required for a person to satisfy the vaccination requirement for the purpose of the CPHR(AB)O (No 2) 2020.
  • Sets out the criteria for risk assessment for universities and wānanga, following a review under section 287(3) of the ETA 2020.
  • As a result of the COVID-19 pandemic, the threshold for Criterion 7 has been set lower than would ordinarily be the case to reflect the impacts of COVID-19.
  • Amend regulation 28 of the Social Security Regulations 2018 (SSR 2018) to ensure that the childcare assistance or out-of-school care and recreation subsidies may continue to be paid during a child's temporary absence from childcare programmes due to COVID-19 requirements.
  • In force from 25 August 2020.
  • Amend the SSR 2018 to insert a new regulation 179B to provide temporary exemption of benefits from stand down in certain circumstances. 
  • Amend regulation 189 of the SSR 2018 to prescribe new circumstances in which the MSD may consider exemptions from expiry of specified benefits, including jobseeker support or sole parent support benefits. 
  • In force from 10 August 2020 except commencement of certain regulations which were deferred until 30 March 2021 and 25 July 2021 respectively.
  • Amend regulation 67 of the SSR 2018 to prescribe a new exceptional circumstances longer fixed period for temporary additional support that applies in certain situations (for example, where there is an outbreak of a quarantinable disease).
  • Amend regulation 189 of the SSR 2018 to prescribe new circumstances in which the MSD may consider an exemption from expiry for a jobseeker support or solo parent support benefit (for example, where the beneficiary lives in an area that is affected by an outbreak of a quarantinable disease in respect of which an epidemic notice has been given and is in force under section 5(1) of the EPA 2006).
  • Made under section 78A of the IA 2009.
  • Extends for six months Supplementary Seasonal Employment temporary visas with an expiry date between 30 June 2021 and 31 December 2021. The holder of the visa must have been in New Zealand on 14 June 2021. In addition, the conditions of the visas are varied so that current restrictions on work are varied to allow the visa holder to work in any employment in New Zealand.
  • Expires on 31 December 2021 unless revoked earlier.
  • Made under section 78A of the IA 2009.
  • Extends for six months Working Holiday Scheme Working Holidaymaker Extension temporary visas with an expiry date between 21 December 2021 and 30 June 2022. The holder of the visa must have been in New Zealand on 1 November 2021.
  • Expires on 30 June 2022 unless revoked earlier. 
  • Made under sections 61A(2)(a) and 61A(5) of the IA 2009.
  • Grants limited visas to the following class of persons who are onshore temporary entry class visa holders and who:
    • are in New Zealand and hold a limited visa for the express purpose of undertaking seasonal work in the horticulture or viticulture industry (which is planting, maintaining, harvesting or packing crops) under the RSE immigration instructions and/or under the COVID-19 Support Restricted Temporary Entry Instructions which will expire in 30 days or less from the date the undertaking from their employer (as specified below) is received by Immigration New Zealand;
    • are unable to repatriate to their home country before their visa expires because they have either booked a flight which has been cancelled, or are booked on the next available flight which is scheduled to leave New Zealand after the date of their visa expiry;
    • have an employment agreement with an RSE; and
    • are named by the RSE in an undertaking that has been provided by the RSE to Immigration New Zealand (the relevant business unit of the Ministry of Business, Innovation, and Employment), in the form set out in the Schedule to the special direction and with any documentation required to be provided by the undertaking.
  • Under sections 49 and 52, and in accordance with sections 84  and 85, of the IA 2009, each limited visa is granted for the specified express purpose, currency and conditions including that the limited visa holder must comply with any order made under section 11 of the CPHRA 2020.
  • Expires on 31 August 2022 unless revoked earlier.
  • Made under sections 61A(2)(a) and 61A(5) of the IA 2009.
  • Grants limited visas to the following class of persons who are outside New Zealand and who:
    • was ordinarily resident in Vanuatu or Samoa between 1 August and 10 September 2021;
    • held a limited visa granted in accordance with the RSE immigration instructions and the COVID-19 Restricted Temporary Entry immigration instructions with a condition that travel was allowed to New Zealand in August or September 2021;
    • was scheduled to arrive in New Zealand on a flight on 24 August or 10 September 2021;
    • is outside New Zealand on the day the special direction is made;
    • has a valid employment agreement, or agreements, with an RSE, or RSEs; and
    • is named by the RSE(s) in an undertaking that has been provided by the RSE(s) to Immigration New Zealand, in the form set out in the Schedule to the special direction and with any documentation required to be provided by the undertaking.
  • Under sections 49 and 52, and in accordance with sections 84  and 85, of the IA 2009, each limited visa is granted for the specified express purpose, currency and conditions including that the limited visa holder must comply with any order made under section 11 of the CPHRA 2020.
  • Made under section 52(4A) of the IA 2009.
  • Varies the conditions of visas held by persons who are holders of  certain Working Holiday Scheme visas or Working Holidaymaker Extension temporary visas so that any current restrictions on work are varied to allow the visa holder to work in any employment except permanent employment.
  • Expires on 31 December 2021 unless revoked earlier.
  • Made under section 50(4A)(a) of the IA 2009.
  • Varies the travel conditions for a class of offshore resident visa holders by extending those travel conditions to 11 September 2022. 
  • Made under section 57(3) of the IA 2009.
  • Waives certain requirements under regulation 10(2)(e)(iii) of the I(VEPRM) R 2010) for certain applicants for a RSE limited visa  to provide to provide a Chest X-Ray certificate.
  • Under section 57(5) of the IA 2009, the waiver of the application requirement to a Chest X-Ray certificate applies to persons who:
    • are currently in New Zealand and holding a Recognised Seasonal Employer Limited Visa; 
    • are applying for a further Recognised Seasonal Employer Limited Visa; and
    • have travelled from, and are ordinarily resident in, Samoa, Tonga or Vanuatu.
  • Expires on 31 August 2022 unless revoked earlier.
  • Made under section 57(3) of the IA 2009.
  • Waives certain requirements under regulation 10(2)(e)(ii) of the I(VEPRM) R 2010) for certain applicants for a RSE limited visa  to provide two passport-sized photographs of the applicant’s head and shoulders.
  • Under section 57(5) of the IA 2009, the waiver of the application requirement to provide two passport-sized photographs of the applicant’s head and shoulders applies to persons who are:
    • currently in New Zealand; 
    • the holder of a limited visa under the RSE immigration instructions and/or the COVID-19 Support Restricted Temporary Entry Instructions (an RSE Limited Visa); and
    • applying for a further RSE Limited Visa.
  • Expires on 31 August 2022 unless revoked earlier.
  • Made under section 5(3)(b) of the CPHRA 2020.
  • Declares that the specified doses of vaccines or combinations of vaccines are required for a person to be “vaccinated” for the purposes of all or any legislation in, or made under, the CPRHA 2020 that uses this defined term.
  • Made under clause 8(5) of the CPHR(AB)O (No 2) 2020.
  • Designates as a COVID-19 test for the purposes of the CPHR(AB)O (No 2) 2020 testing for:
    • severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) viral ribonucleic acid using RT-PCR; 
    • severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) viral ribonucleic acid using loop-mediated isothermal amplification (LAMP); and
    • antigens specific to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (viral antigen testing).
  • In force from 11.59pm on 3 May 2021.
  • Made under clause 9B(12) of the CPHR(V)O 2021.
  • Determines criteria as specified COVID-19 vaccination exemption criteria.
  • Made under section 6H(4) of the TAA 1994.
  • Extends the application of section 6I of the TAA 1994 until 30 September 2022. Section 6I gives the Commissioner of Inland Revenue discretion to vary due dates, or other requirements, when compliance with those requirements becomes impossible, impractical, or unreasonable in the circumstances arising from either COVID-19 response measures or as a consequence of COVID-19.
  • In force from 30 September 2021 and will be revoked on 1 October 2022.
  • An omnibus Act aimed at improving and modernising current tax settings in order to assist in the economic recovery of New Zealand following the COVID-19 outbreak.
  • The T(AR 2020–21, FE,RM)A 2021 amends various enactments, including the: 
  • The T(AR 2020–21, FE,RM)A 2021 has a complicated commencement provision, but mostly came into force on 30 March 2021, except specified provisions which come into force both retrospectively and later in 2021. The entire Act will be in force by 1 April 2022.
  • Amends the TAA Act 1994 and the ITA 2007 including in relation to the COVID-19 resurgence support payments scheme and to Working for Families tax credit settings. 
  • In force from 26 November 2021 (except for sections 10, 11, 12 and 14 which come into force on 1 April 2022 (not yet in force)).

COVID-19 Response (Further Management Measures) Legislation Act 2020

The COVID-19 Response (Further Management Measures) Legislation Act 2020 amends or modifies the application of the following legislation to assist New Zealand to respond to the COVID-19 outbreak:

COVID-19 Response (Further Management Measures) Legislation Act (No 2) 2020

The COVID-19 Response (Further Management Measures) Legislation Act (No 2) 2020 makes administrative amendments to the following legislation to assist New Zealand to more effectively manage, and recover from, the impacts of the COVID-19 outbreak: