1: Title
This Act is the Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021.
2: Commencement
This Act comes into force on 1 February 2022.
3: Principal Act
This Act amends the Films, Videos, and Publications Classification Act 1993 2022-02-01 Films, Videos, and Publications Classification Act 1993
1: Definitions, application of Harmful Digital Communications Act 2015, and interim classification assessments
4: Section 2 amended (Interpretation)
1: In section 2 Inspector Inspector Part 7A see
2: In section 2 publication statements, sounds,
3: In section 2 publication
e: a copy of images or sounds that have been livestreamed, but not the livestreaming itself of those images or sounds ( livestream section 119A
4: In section 2 online content host section 119A section 119B
5: New section 4AA inserted (Application of Harmful Digital Communications Act 2015)
After section 4
4AA: Application of Harmful Digital Communications Act 2015
Sections 23 to 25 of the Harmful Digital Communications Act 2015, which relate to the liability of an online content host for content posted by a user, do not apply to processes or proceedings under Part 7A
6: Section 13 amended (Submission of publications by others)
1: After section 13(1)(b)
ba: subject to subsections (1A) and (1B)
2: After section 13(1)
1A: A submission by an online content host under subsection (1)(ba)
1B: The Chief Censor may determine that an online publication submitted to the Classification Office under subsection (1)(ba)
a: the online publication has already been submitted to the Classification Office under this section; or
b: the online publication has already been the subject of a classification decision; or
c: the Chief Censor considers that the submitting of the online publication to the Classification Office is frivolous or vexatious.
7: Section 14 amended (How to submit publications (officials))
In section 14(1) subsection (1)(a) or (b) subsection (1)(a), (ab), or (b)
8: New section 14A inserted (How to submit publications (online content hosts))
After section 14
14A: How to submit publications (online content hosts)
1: An online content host who or that wishes to submit a publication to the Classification Office under section 13(1)(ba)
2: A notice of submission must be in the form provided for that purpose by the Chief Censor and must be accompanied by the prescribed fee (if any).
9: New sections 22A to 22D and cross-heading inserted
After section 22 Interim classification assessments
22A: Interim classification assessments by Classification Office
1: This section applies to a publication submitted to the Classification Office for classification under section 13.
2: The Classification Office may make an interim classification assessment that the publication is likely to be objectionable.
3: The Classification Office may do so only if the Chief Censor believes that there is an urgent need to notify the public that the content of the publication is likely to be objectionable.
4: The following sections apply to the making of an interim assessment:
a: sections 14, 14A
b: section 20, as modified by subsection (5)
5: The Chief Censor may determine that submissions by the persons listed in section 20(1) must be made in a manner and within a time that the Chief Censor specifies after taking into account what is reasonable in the circumstances, including the need for urgency in dealing with the matter.
6: The Classification Office may make an interim assessment on the basis of the information that is readily available to it if the Chief Censor considers it is reasonable in the circumstances, including the need for urgency in dealing with the matter.
7: The making of an interim assessment is not a relevant consideration for the purpose of, and does not affect, the later examination and classification of the same publication under section 23.
22B: Notice, registration, and effect of interim classification assessments
1: The Classification Office must give written notice to the submitter that an interim classification assessment has been made.
2: The notice must contain the following:
a: a description of the publication that was the subject of the interim assessment; and
b: a summary of the reasons for the interim assessment.
3: An interim assessment must be registered under section 39, and that section applies as if the interim assessment were a classification decision, except that the following information must be entered in the register (instead of the information in section 39(3)(a) to (c)):
a: a statement that an interim assessment has been made of the publication and the date on which the assessment was made; and
b: the date on which notice of the interim assessment was given under subsection (1)
c: the date of entry of the interim assessment in the register.
4: An interim assessment has effect for an interim period.
5: An interim period
a: 20 working days after the date of the interim assessment:
b: the date on which a classification decision is made for the relevant publication.
6: This Act applies to a publication during an interim period as if it had been classified as being objectionable under section 23.
7: A person, on request and on payment of the applicable fee (if any) as determined by the Classification Office, is entitled to a copy of a notice given under this section. 1993 No 94 ss 38, 39
22C: No action to lie against officials
The following people are immune from civil and criminal liability for actions done in good faith when carrying out or intending to carry out their official duties relating to interim classification assessments:
a: the Chief Censor:
b: the Deputy Chief Censor:
c: a classification officer:
d: a member of the staff of the Classification Office:
e: a member of the staff of the Department of Internal Affairs:
f: an Inspector. 1993 No 94 ss 119, 137
22D: No action to lie against service providers and online content hosts
1: A service provider or an online content host is immune from civil and criminal liability if they remove, or prevent access by the public in New Zealand to, an online publication that is the subject of an interim classification assessment.
2: In this section,— online content host section 119A section 119B online publication section 119A service provider 1993 No 94 ss 119, 137
10: Section 38 amended (Decisions of Classification Office)
After section 38(2)(a)
ab: the reasons an interim classification assessment was made under section 22A section 22A(3)
2: Take-down notices for objectionable online publications, offences, and regulations
Take-down notices
11: Section 103 amended (Inspectors of Publications)
In section 103(3) Act except for the purposes of Part 7A
12: New Part 7A inserted
After section 119
7A: Take-down notices for objectionable online publications
119A: Definitions for Part 7A
1: In this Part, section 149(ab) section 149(ab) livestream online content host online publication
a: a publication under paragraph (d) of the definition of publication in section 2 that is accessible on an Internet site or an online application or similar; or
b: a publication under paragraph (e)
c: livestreamed content.
2: The definition of online publication in subsection (1)
119B: Application of Part and regulations
This Part and any regulations made under section 149(ab)
a: individuals in New Zealand (the public
b: online content hosts that provide services to the public regardless of whether an online content host is resident or incorporated in New Zealand or outside New Zealand.
119C: Issue of take-down notices
1: An Inspector may issue a take-down notice relating to a particular online publication to an online content host if—
a: an interim classification assessment has been made under section 22A
b: the online publication has been classified as objectionable under section 23; or
c: the Inspector believes, on reasonable grounds, that the online publication is objectionable.
2: Before issuing a take-down notice, an Inspector may, but is not required to, request that the online content host remove, or prevent access by the public to, the online publication.
3: A take-down notice issued under subsection (1)(a) section 22B(5) subsection (4)
4: A take-down notice issued under subsection (1)(a)
5: A take-down notice issued under subsection (1)(b) or (c)
6: In each case the Inspector must notify the Chief Censor that a take-down notice has been issued.
7: See section 119J 1993 No 94 s 108(1)
119D: Contents of take-down notices
1: A take-down notice must—
a: contain a description of the relevant online publication; and
b: identify the URL or other unique identifier of the online publication; and
c: require the online content host to remove, or prevent access by the public to, the online publication as soon as is reasonably practicable after receipt of the notice and no later than the time and date specified in the notice (the required period
d: inform the online content host of the right of review under section 119J
e: contain other information required by regulations made under section 149(ab)
2: When deciding on the length of the required period in a particular case, an Inspector must consider what period is likely to be reasonably practicable for the online content host to comply with the notice.
3: A take-down notice may also require an online content host to preserve a copy of the relevant online publication for the purpose of an investigation or proceedings.
4: A take-down notice may contain other information that an Inspector considers is useful or appropriate.
119E: Online content host must comply with take-down notice
1: An online content host who or that receives a take-down notice must remove, or prevent access by the public to, all copies of the online publication that is the subject of the notice to or over which it has access or control as soon as is reasonably practicable after receipt of the notice but no later than the end of the required period.
2: If a take-down notice requires an online content host to preserve a copy of the relevant online publication for the purposes of an investigation or proceedings, they must preserve a copy, hold it securely, and provide it to an Inspector on request.
3: An online content host may also preserve a copy of the online publication if they intend to lodge or have lodged—
a: a submission under section 13(1)(ba)
b: an application for a review under Part 4 against the classification decision for the relevant online publication:
c: a notice of appeal related to that application for review.
4: If subsection (3)
5: A take-down notice continues to have effect, even if the publication that is the subject of the notice is received by the Classification Office under section 13 for a classification decision,—
a: until the classification decision is made; and
b: until, if the publication is classified as objectionable, the completion of any review and related appeal.
6: If an online publication is confirmed as objectionable after the processes listed in subsection (5)
119F: No action to lie against officials
The following people are immune from civil and criminal liability for actions done in good faith when carrying out or intending to carry out their official duties relating to take-down notices:
a: the Chief Censor:
b: the Deputy Chief Censor:
c: a classification officer:
d: a member of the staff of the Classification Office:
e: a member of the staff of the Department of Internal Affairs:
f: an Inspector. 1993 No 94 ss 119, 137
119G: No action to lie against online content host
An online content host is immune from criminal or civil liability—
a: if they remove or prevent access by the public to an online publication that is the subject of a take-down notice:
b: if they preserve a copy of an online publication for any of the reasons listed in section 119E(3)
119H: Enforcement of take-down notices
1: An Inspector may take enforcement proceedings in the District Court if an online content host fails or refuses to comply with a take-down notice within the required period.
2: In proceedings under this section, the court—
a: must not examine or make a determination about the issuing or merits of a take-down notice:
b: may determine whether the online content host had a reasonable justification for failing or refusing to comply with the notice within the required period or for any further delay after that period:
c: may permit the Inspector, by order of the court, to obtain discovery and administer interrogatories:
d: may order a remedy or costs under section 119I
119I: Remedies and costs
1: In proceedings under section 119H
a: order that the online content host comply with the take-down notice by a date specified in the order:
b: order the online content host to pay a pecuniary penalty to the Crown:
c: award costs as the court thinks fit:
d: order interest to be paid in accordance with the court’s rules.
2: A pecuniary penalty is payable in an amount that the court determines is appropriate, taking into account all relevant matters, and, in particular,—
a: the nature and extent of the failure or refusal to comply with the notice; and
b: the circumstances in which the failure or refusal to comply occurred (including whether this was intentional, inadvertent, or caused by negligence).
3: The standard of proof for the matters in subsection (2)
4: The amount of a pecuniary penalty must not exceed $200,000.
5: Only 1 pecuniary penalty is payable in relation to the same take-down notice.
119J: Review of take-down notices
1: A take-down notice may be reviewed under this Act only as part of a review under Part 4 of the classification decision relating to the relevant online publication.
2: See section 13(1)(ba)
3: See also section 119E(5)
119K: Reporting
1: The Secretary must—
a: make publicly available a list of all take-down notices issued that have been complied with; and
b: publish the number of take-down notices issued and the number that were complied with each year in the annual report of the Department of Internal Affairs relating to that year.
2: The Secretary must, in the list referred to in subsection (1)(a) Offences
13: Section 131 amended (Offence to possess objectionable publication)
In section 131(2B) paragraph (d) paragraph (d) or (e)
14: New section 132C and cross-heading inserted
After section 132B Offence to livestream objectionable content or share objectionable livestreamed content
132C: Offence to livestream objectionable content or share objectionable livestreamed content
1: A person commits an offence if—
a: they livestream content knowing or having reasonable cause to believe that it is objectionable; or
b: they share content, or information about how to access content, as it is being livestreamed—
i: knowing or having reasonable cause to believe that the content is objectionable; and
ii: with the intent of promoting or encouraging criminal acts or acts of terrorism.
2: A person who commits an offence under subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 14 years:
b: in the case of a body corporate, to a fine not exceeding $200,000.
3: A person does not commit an offence under this section by reason only that they are—
a: the service provider who or that provided access to the Internet or other electronic medium on which the content was livestreamed to the person who livestreamed the content; or
b: the online content host who or that has control over the part of the electronic retrieval system, such as an Internet site or an online application or similar, on which the content was livestreamed.
4: In this section,— livestream section 119A objectionable online content host section 119A section 119B service provider 1993 No 94 s 124 Regulations
15: Section 149 amended (Regulations)
After section 149(a)
ab: prescribing information to be included in a take-down notice under section 119D


1: Title
This Act is the Maritime Transport (MARPOL Annex VI) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Amendments to Maritime Transport Act 1994
3: Principal Act
This Part amends the Maritime Transport Act 1994 2021-11-16 Maritime Transport Act 1994
4: Section 222 amended (Interpretation)
1: In section 222(1) Annex VI Annex VI requirements Annex VI substance fuel oil
2: In section 222(1) discharge discharge
a: includes any release, disposal, spilling, leaking, pumping, emitting, or emptying; but
b: does not include—
i: dumping in accordance with a permit issued by the Director under section 262; or
ii: the release of harmful substances for the purposes of legitimate scientific research into pollution abatement and control
3: In section 222(1) marine protection product marine protection product
a: anything or any substance specified as a marine protection product for the purposes of this definition by the marine protection rules; and
b: anything that comprises, or is intended to comprise, any part of a ship, offshore installation, or pipeline, or that is or is intended to be installed on or fitted or supplied to a ship, offshore installation, or pipeline for the purpose of preventing, limiting, or controlling a discharge or the escape of a harmful substance, ballast water, or an Annex VI substance, including (but not limited to)—
i: any plant or equipment that treats or is intended to treat a harmful substance, ballast water, or an Annex VI substance; and
ii: any plant or equipment that monitors or is intended to monitor the discharge or escape of a harmful substance, ballast water, or an Annex VI substance; and
c: any substance used or intended to be used for the dispersal or emulsification of a harmful substance or ballast water in the sea
4: In section 222(1) reception facility
5: After section 222(1)
1A: In this Part and in Parts 19 to 30, unless the context otherwise requires,— reception facility
a: harmful substances from ships (as defined in section 2(1)); or
b: sediment (as defined in section 444A(3)
c: Annex VI substances from ships (within the meaning of MARPOL) ship
5: Section 223 amended (Application of Parts 19 to 27 to ships of New Zealand Defence Force)
In section 223
2: Despite subsection (1)
6: Section 225 amended (Interpretation)
In section 225 discharge marine protection product reception facility
7: Section 236 repealed (Power to require reception facilities)
Repeal section 236
8: Section 242 amended (Failure to comply with requirement of Director)
In section 242 236 444A
9: Section 271 amended (Acceptance of documents)
In section 271(2)(c) marine environment environment, including the marine environment
10: Section 272 amended (Suspension of marine protection documents or imposition of conditions)
After section 272(1)(e)
ea: is satisfied that the holder has failed to take corrective action to ensure the condition of the ship’s equipment (including the ship’s systems, fittings, arrangements, and materials) corresponds substantially to the particulars of the relevant marine protection document; or
11: Section 388 amended (Marine protection rules in relation to harmful and other substances)
After section 388(n)
o: prescribing requirements, procedures, and standards relating to the prevention of air pollution from ships for the purposes of implementing Annex VI.
12: Section 395 amended (Director may grant exemptions from marine protection rules)
1: After section 395(2)(b)(iii)
iiia: compliance with the requirement could impede research into the development of emission reduction and control technologies and engine design programmes in relation to ships:
2: In section 395(2)(d)(i) ballast water or for the purposes of implementing Annex VI
13: Section 396 amended (Inspections and audits)
1: Replace the heading to section 396 Inspections and audits (other than in relation to Annex VI)
2: After section 396(3)
4: This section does not apply to inspections and audits for the purposes of implementing Annex VI.
14: New section 396A inserted (Inspections and audits in relation to Annex VI)
After section 396
396A: Inspections and audits in relation to Annex VI
1: The Director may, in writing, require any person described in subsection (2)
a: protecting the environment, including the marine environment, from harm from discharges from ships that are subject to the provisions of Annex VI; or
b: verifying whether a ship has discharged any substance that is subject to the provisions of Annex VI in contravention of the regulations and rules made under this Act; or
c: facilitating and reviewing trials of ship emission reduction and control technologies; or
d: monitoring compliance with conditions of exemptions.
2: This section applies to a person who—
a: holds any marine protection document; or
b: is required to hold any marine protection document by this Act or any regulations or marine protection rules made under this Act; or
c: operates, maintains, or services, or does any other act in respect of, any ship, marine protection product, or reception facility.
3: The Director may, in respect of any person described in subsection (2) subsection (1)(a) to (d)
4: For the purposes of any inspection or audit carried out in respect of any person under subsection (3)
a: require that person to provide to the Director such information as the Director considers relevant to the inspection or audit:
b: in respect of a ship, require the person to—
i: allow the Director to take a sample of the ship’s fuel oil for the purposes of testing the sample in accordance with any requirements specified in the marine protection rules:
ii: demonstrate to the Director the familiarity of the master or crew with essential shipboard procedures for the prevention of marine pollution:
iii: demonstrate to the Director that any operational, maintenance, or servicing procedure in respect of a ship or a marine protection product is capable of being carried out in a competent manner.
15: Section 397 amended (Detention, etc, of ships and seizure of marine protection products)
1: In section 397(2)(g) marine environment environment, including the marine environment
2: After section 397(2)(g)
ga: there is likely to be a contravention of Annex VI requirements under this Act or regulations or rules made under this Act; or
3: After section 397(3)
3A: The powers under subsection (1) may also be exercised if the Director believes on clear grounds that the master or crew are not familiar with essential shipboard procedures relating to the prevention of air pollution from ships for the purposes of implementing Annex VI.
16: Section 399 amended (Failure to comply with Director’s inspection or audit requirements)
In section 399 subsection (1) or subsection (3) of section 396 section 396(1) or (3) or 396A(1) or (4)
17: New section 444A inserted (Power to require reception facilities)
After section 444
444A: Power to require reception facilities
1: The Director may, by notice in writing, require any person who operates a port in New Zealand or in New Zealand continental waters to provide at that port a reception facility to receive from ships all or any of the following:
a: harmful substances:
b: sediment:
c: Annex VI substances.
2: A person required by the Director to provide a reception facility under subsection (1)
3: In this section,— Annex VI substance harmful substance marine protection rules New Zealand continental waters reception facility section 222(1A) sediment
2: Amendment to Maritime Transport (Marine Protection Conventions) Order 1999
18: Principal order
This Part amends the Maritime Transport (Marine Protection Conventions) Order 1999 2021-11-16 Maritime Transport (Marine Protection Conventions) Order 1999
19: Clause 3 amended (Certain international conventions declared to be marine protection conventions)
After clause 3(b)
ba: Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973:


1: Title
This Act is the Health (Fluoridation of Drinking Water) Amendment Act 2021.
2: Commencement
This Act comes into force on the 28th day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Health Act 1956 principal Act 2021-12-13 Health Act 1956
1: Amendments relating to drinking water
4: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
5: New Part 5A inserted
After Part 5
5A: Fluoridation of drinking water
116C: Purpose
The purpose of this Part is to—
a: enable the Director-General to direct a local authority to add fluoride or not to add fluoride to drinking water supplied through its local authority supply; and
b: require the local authority to comply with the direction.
116D: Interpretation
In this Part,— drinking water
a: means water that is used for—
i: human consumption; or
ii: oral hygiene; or
iii: preparing food, drink, or other products for human consumption; or
iv: washing utensils that are used for eating and drinking, or for preparing, serving, or storing food or drink for human consumption; but
b: does not include bottled water that is prepared or manufactured by a food business, and is regulated, under the Food Act 2014 local authority local authority supply
a: are used by a local government organisation to abstract, store, treat, transmit, or transport drinking water for supply to consumers; and
b: are controlled by a local authority local government organisation
1: Direction relating to fluoridation of drinking water supply
116E: Director-General may direct local authority to add or not to add fluoride to drinking water
1: The Director-General may direct a local authority to add or not to add fluoride to drinking water supplied through its local authority supply.
2: The Director-General must seek and consider advice from the Director of Public Health on the matters in subsection (3)(a) and (b)(i)
3: Before making a direction, the Director-General must consider—
a: scientific evidence on the effectiveness of adding fluoride to drinking water in reducing the prevalence and severity of dental decay; and
b: whether the benefits of adding fluoride to the drinking water outweigh the financial costs, taking into account—
i: the state or likely state of the oral health of a population group or community where the local authority supply is situated; and
ii: the number of people who are reasonably likely to receive drinking water from the local authority supply; and
iii: the likely financial cost and savings of adding fluoride to the drinking water, including any additional financial costs of ongoing management and monitoring.
4: For the purpose of subsection (3)(b)(i)
5: As soon as practicable after making a direction, the Director-General must publish the direction and the reasons for the decision to make the direction on the Ministry of Health’s Internet site.
116F: Contents of direction
1: A direction must specify a date by which the local authority must comply with the direction, which must not be earlier than the date by which the Director-General considers it would be reasonably practicable for the local authority to comply.
2: A direction to add fluoride to drinking water must specify the level at which fluoride must be added.
3: A direction to add fluoride to drinking water may allow the local authority to supply, at 1 or more specified sites, water to which fluoride has not been added.
116G: Engagement with local authority
1: Before making a direction to add fluoride to drinking water, the Director-General must invite written comments from the relevant local authority on—
a: the estimated financial cost of adding fluoride to the drinking water, including any additional costs of ongoing management and monitoring; and
b: the date by which the local authority would be able to comply with a direction.
2: The Director-General must give the local authority at least 40 working days from the issuing of the invitation to provide its comments.
3: If the local authority provides comments within the specified time, the Director-General must—
a: have regard to the comments; and
b: if the Director-General decides to make a direction, summarise and respond to the comments in the reasons for the decision published under section 116E(5)
116H: Local authority not required to consult
A local authority that receives a direction under section 116E section 116G
116I: Local authority must comply with direction
1: A local authority that receives a direction under section 116E See Part 1 of Schedule 1AA
2: If the direction requires fluoride to be added to drinking water, the local authority must take all practicable steps to ensure that the specified level of fluoride is present in the water immediately before it is available for consumption.
3: Subsection (2) section 116F(3)
2: Offences
116J: Offence to contravene or permit contravention of section 116I
1: A local authority that contravenes or permits the contravention of section 116I
a: commits an offence; and
b: is liable on conviction to a fine not exceeding $200,000; and
c: if the offence is a continuing one, is liable to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues.
2: The continued existence of any thing, or the intermittent repetition of any action, that constitutes an offence under this section is a continuing offence for the purposes of this section.
116K: Strict liability and defence to offence
1: In a prosecution for an offence against section 116J
2: It is a defence to a prosecution if the defendant proves—
a: that the defendant did not intend to commit the offence; and
b: that the defendant took all practicable steps to prevent the commission of the offence.
116L: Time for filing charging document
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period for filing a charging document in respect of an offence against section 116J
116M: Additional penalty for certain offences for commercial gain
1: If a person is convicted of an offence against section 116J subsection (2)
2: The court may order the person to pay an amount not exceeding—
a: 3 times the value of any commercial gain resulting from the commission of the offence; or
b: if the person is a body corporate, and the value of any gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).
3: For the purposes of subsection (1) subsection (2)(a) or (b)
4: In this section, interconnected turnover
116N: Liability of principal for acts of agents
1: If an offence is committed against section 116J person A person B
2: Despite subsection (1)
a: in the case of a natural person (including a partner in a firm), that—
i: they did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or
ii: they took all practicable steps to prevent the commission of the offence; or
b: in the case of a body corporate, that—
i: neither the directors nor any person concerned in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or
ii: the body corporate took all practicable steps to prevent the commission of the offence; and
c: in all cases, that the defendant took all practicable steps to remedy any effects of the act or omission giving rise to the offence.
3: If any body corporate is convicted of an offence against section 116J
a: that the act that constituted the offence took place with their authority, permission, or consent; and
b: that they knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all practicable steps to prevent or stop it.
6: New Schedule 1AA inserted
Insert the Schedule 1AA set out in the Schedule
2: Miscellaneous amendments
7: Section 3 amended (Power of Governor-General in Council to amend Schedules)
In section 3(b) , or the list of chemical works set out in Schedule 4, or the list of noxious or offensive gases set out in Schedule 5, the name or description of any trade, business, manufacture, undertaking, works, gas, or fumes,
8: Section 22C amended (Disclosure of health information)
In section 22C(2)(g)(i) or the Hospitals Act 1957
9: Section 74B amended (Medical laboratories may be required to give notice of cases of disease during epidemic)
In section 74B(1) section 8 of the Health Amendment Act 2006


1: Title
This Act is the New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Changes to New Zealand Superannuation and Retirement Income Act 2001
3: Principal Act
This Part amends the New Zealand Superannuation and Retirement Income Act 2001 2021-11-16 New Zealand Superannuation and Retirement Income Act 2001 Changes to residential qualification
4: Section 8 replaced (Residential qualification for New Zealand superannuation)
Replace section 8
8: Residential qualification for New Zealand superannuation
1: A person ( A
a: is ordinarily resident in New Zealand on the date of application for New Zealand superannuation, unless section 31(4) of this Act or section 191(4) of the Veterans’ Support Act 2014 applies; and
b: meets the residency requirements in subsections (2) and (3)
2: Since reaching the age of 20 years, A must have been both resident and present for a period or periods totalling not less than the total time requirement calculated under subsection (4)
a: in New Zealand for 10 years of the total time requirement; and
b: in any 1 or more of New Zealand, the Cook Islands, Niue, and Tokelau for the remaining time (if any) of the total time requirement.
3: Since reaching the age of 50 years, A must have been both resident and present in any 1 or more of New Zealand, the Cook Islands, Niue, and Tokelau for a period or periods totalling not less than 5 years. How to calculate total time requirement
4: For the purposes of subsection (2) The following table is small in size and has 2 columns. Column 1 is headed Period during which A was born. Column 2 is headed Total time requirement. Column 1 Column 2 Period during which A was born Total time requirement On or before 30 June 1959 10 years Between 1 July 1959 and 30 June 1961 (inclusive) 11 years Between 1 July 1961 and 30 June 1963 (inclusive) 12 years Between 1 July 1963 and 30 June 1965 (inclusive) 13 years Between 1 July 1965 and 30 June 1967 (inclusive) 14 years Between 1 July 1967 and 30 June 1969 (inclusive) 15 years Between 1 July 1969 and 30 June 1971 (inclusive) 16 years Between 1 July 1971 and 30 June 1973 (inclusive) 17 years Between 1 July 1973 and 30 June 1975 (inclusive) 18 years Between 1 July 1975 and 30 June 1977 (inclusive) 19 years On or after 1 July 1977 20 years Example
A person ( B
5: New section 8A inserted (Special total time requirement for refugees or protected persons 45 years of age or older on relevant date)
After section 8
8A: Special total time requirement for refugees or protected persons 45 years of age or older on relevant date
Application of this section
1: This section applies to a person ( A
a: is recognised as a refugee or protected person in New Zealand; and
b: is 45 years of age or older on the relevant date.
2: For the purposes of section 8(2) section 8(4) Requirement for persons between 45 and 55 years of age
3: If A is 45 years of age or older but younger than 55 years of age on the relevant date, A’s total time requirement is the lesser of the following:
a: the period, calculated in days, that starts on the relevant date and ends on A’s 65th birthday:
b: the total time requirement calculated under section 8(4) Example
A person ( B Requirement for persons 55 years of age or older
4: If A is 55 years of age or older on the relevant date, A’s total time requirement is 10 years. Meaning of relevant date
5: In this section, relevant date Consequential amendments
6: Section 9 amended (Treatment of various periods of absence)
In section 9(1) section 8(b) and (c)(i) section 8(2) and (3)
7: Section 10 amended (Treatment of periods of absence as missionary)
In section 10(1) section 8(b) and (c)(i) section 8(2) and (3)
8: Section 10A amended (Treatment of periods of absence if New Zealand income tax withheld on overseas earnings)
In section 10A(1) section 8(b) and (c)(i) section 8(2) and (3)
9: Section 31 amended (Entitlement to be paid New Zealand superannuation in specified Pacific country)
Replace section 31(4)(c)
c: who has met the residency requirements for New Zealand superannuation set out in section 8(2) and (3)
10: Schedule 1AA amended
1: In Schedule 1AA section 8(c) section 8(3)
2: In Schedule 1AA section 8(c) section 8(3)
2: Consequential amendments to Veterans’ Support Act 2014
11: Principal Act
This Part amends the Veterans’ Support Act 2014 2021-11-16 Veterans’ Support Act 2014
12: Section 191 amended (Entitlement to be paid veteran’s pension in specified Pacific country)
Replace section 191(4)(c)
c: who has met the residency requirements for New Zealand superannuation set out in section 8(2) and (3)
13: Schedule 1 amended
1: In Schedule 1 section 8(c) section 8(3)
2: In Schedule 1 section 8(c) section 8(3)


1: Title
This Act is the Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Education and Training Act 2020 2021-11-20 Education and Training Act 2020
1: Teaching Council fees, levies, and costs
4: Section 479 amended (Functions of Teaching Council)
1: In the heading to section 479 Functions Functions and powers
2: In section 479(1) functions of the Teaching Council are as follows functions that the Teaching Council must perform are as follows
3: Replace section 479(1)(a), (b), and (c)
a: to provide direction for teachers:
b: to enhance the status of teachers:
c: to identify and disseminate best practice in teaching and foster the teaching profession’s continued development in light of research and evidence of changes in society and technology:
4: Replace section 479(2)
2: The functions that the Teaching Council may perform, with the written approval of the Minister, are as follows:
a: to provide leadership to the education profession:
b: to enhance the status of education leaders:
c: to identify and disseminate best practice in education leadership.
3: The Teaching Council may, by written notice to a governing body, require the governing body to give the Teaching Council, within a time specified in the notice, any information specified in the notice, and the governing body must within that time give the Teaching Council in writing all information so required that is reasonably necessary or desirable for the Teaching Council to have for the proper administration of this subpart.
4: The Teaching Council has and may exercise all other powers conferred by this Act or reasonably necessary for the purpose of performing its functions.
5: For the purposes of subsection (3) governing body
6: When performing its functions and exercising its powers, the Teaching Council must act in accordance with the rules of natural justice.
5: In section 479 1989 No 80 ss 382, 383(6)–(8)
5: Section 480 replaced (Powers of Teaching Council)
Replace section 480
480: Teaching Council fees, levies, and costs
1: The Teaching Council may, by notice,—
a: fix fees payable for—
i: registration as a teacher:
ii: the issuing of a practising certificate:
iii: the granting of a limited authority to teach:
iv: any other matter associated with those matters (for example, inspection of the register of registered teachers or supplying a copy of an entry in the register):
b: impose a levy payable by registered teachers, holders of a limited authority to teach, and applicants for registration as a teacher or a limited authority to teach for the purpose of funding the Teaching Council’s functions set out in section 479(1).
2: A notice under subsection (1)
a: by registered teachers, holders of a limited authority to teach, and applicants for registration as a teacher or a limited authority to teach; and
b: for registration effected in different circumstances; and
c: for practising certificates of different kinds.
3: Fees fixed and levies imposed under subsection (1)
4: Before issuing a notice under subsection (1)
a: consult registered teachers and holders of a limited authority to teach on any proposed fees or levies; and
b: receive the views presented to it with an open mind and give those views due consideration when making a decision on the proposed fees or levies.
5: The Teaching Council may also charge a fee for any goods or services it provides in accordance with its functions under section 479(1).
6: Fees fixed and levies imposed under subsection (1) subsection (5)
7: Despite anything in this Act, the Teaching Council may refuse to register a person as a teacher, issue a practising certificate, or grant a limited authority to teach until the appropriate fee or levy has been paid in the manner prescribed by the notice.
8: If the Teaching Council cancels a teacher’s registration or limited authority to teach, it may, by written notice to the teacher or person concerned, require the teacher or person to pay the Teaching Council any reasonable costs specified in the notice that were incurred by the Teaching Council in dealing with the proposal to cancel the registration or authorisation, or with the cancellation itself.
9: A notice made under this section is secondary legislation ( see 1989 No 80 ss 364, 372, 383(1), (2), (5) 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.
6: Schedule 3 amended
In Schedule 3, repeal clauses 13 22
2: Validations and other transitional provisions
7: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.


1: Title
This Act is the COVID-19 Public Health Response Amendment Act 2021.
2: Commencement
1: The following provisions come into force on a date appointed by the Governor-General by Order in Council:
a: section 5(3)
b: section 7
c: section 13
d: section 18
e: section 22
2: The rest of this Act comes into force on the day after Royal assent.
3: An Order in Council made under this section is secondary legislation ( see Part 3 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. Section 2(1) brought into force 4 December 2021 clause 2 COVID-19 Public Health Response Amendment Act 2021 Commencement Order 2021 Section 2(1)(d) brought into force 17 February 2022 clause 2 COVID-19 Public Health Response Amendment Act 2021 Commencement Order 2022
1: Amendments to principal Act
3: Principal Act
This Part amends the COVID-19 Public Health Response Act 2020 2021-11-20 COVID-19 Public Health Response Act 2020 Except for sections listed under s 2(1) OIC SL 2021/392 2021-12-04 COVID-19 Public Health Response Act 2020 Section 5(3), parts of sections 7, 13, and 22 (see s 2(1)(a), (b), (c) and (e)). OIC SL 2022/18 2022-02-17 COVID-19 Public Health Response Act 2020 Section 18 (see s 2(1)(d)).
4: Section 3 amended (Repeal of this Act)
Replace section 3(3)
3: If not repealed sooner under subsection (1), this Act is repealed on the close of 13 May 2023.
5: Section 5 amended (Interpretation)
1: In section 5(1) MBIE
2: In section 5(1) chief executive other place of isolation or quarantine responsible agency room
3: In section 5(1) infringement fee section 26(4)(a)
4: In section 5(1) relevant Minister
6: Section 10 replaced (Director-General may make COVID-19 orders)
Replace section 10
10: Director-General may make COVID-19 orders
The Director-General may make a COVID-19 order in accordance with the following provisions:
a: the order may apply only within boundaries described in the order that—
i: are relevant to the circumstances addressed by the order; and
ii: are described in a practical way, whether by reference to roads, geographical features (such as rivers or ranges), or in any other way that enables the boundaries to be readily ascertained; and
b: the Director-General must be satisfied that the order—
i: is urgently needed to prevent or contain the outbreak or spread of COVID-19; and
ii: is the most appropriate way of addressing those matters at the time; and
c: the Director-General 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
d: the Director-General must be satisfied that the order is appropriate to achieve the purpose of this Act.
7: Section 11 replaced (Orders that can be made under this Act)
Replace section 11
11: Orders that can be made under this Act
1: The Minister or the Director-General may, in accordance with section 9 or 10 (as the case may be), make an order under this section for 1 or more of the following purposes:
a: to require persons to refrain from taking any specified actions or to take any specified actions, or comply with any specified measures, so as to contribute or be likely to contribute to either or both of the following:
i: preventing, containing, reducing, controlling, managing, eliminating, or limiting the risk of the outbreak or spread of COVID-19:
ii: avoiding, mitigating, or remedying the actual or potential adverse public health effects of the outbreak of COVID-19 (whether direct or indirect):
b: by way of example under paragraph (a), requiring persons to do any of the following:
i: stay in any specified place or refrain from going to any specified place:
ii: refrain from associating with specified persons:
iii: stay physically distant from any persons in any specified way:
iv: refrain from travelling to or from any specified area:
v: refrain from carrying out specified activities (for example, business activities involving close personal contact) or carry out specified activities only in any specified way or in compliance with specified measures:
vi: be isolated or quarantined in any specified place or in any specified way:
vii: refrain from participating in gatherings of any specified kind, in any specified place, or in specified circumstances:
viii: report for and undergo a medical examination or testing of any kind, and at any place or time, specified and in any specified way or specified circumstances:
ix: provide, in specified circumstances or in any specified way, any information necessary for the purpose of contact tracing:
x: satisfy any specified criteria before entering New Zealand from a place outside New Zealand, which may include being registered to enter an MIQF on arrival in New Zealand:
c: in relation to an MIQF, other place of isolation or quarantine, or a place of self-isolation or quarantine, to require specified actions to be taken, or require compliance with any specified measures, for the purpose of managing the movement of people to, from, and within the MIQF, other place of isolation or quarantine, or place of self-isolation or quarantine, including (without limitation) any of the following:
i: giving directions that relate to the movement of people to, from, and within the MIQF, other place of isolation or quarantine, or place of self-isolation or quarantine:
ii: imposing restrictions and conditions that relate to the movement of people to, from, and within the MIQF, other place of isolation or quarantine, or place of self-isolation or quarantine:
iii: permitting people to leave their rooms in the MIQF, other place of isolation or quarantine, or place of self-isolation or quarantine in accordance with any requirements or conditions specified in the order:
d: in relation to any places, premises, craft, vehicles, or other things, to require specified actions to be taken, require compliance with any specified measures, or impose specified prohibitions, so as to contribute or be likely to contribute to either or both of the following:
i: preventing, containing, reducing, controlling, managing, eliminating, or limiting the risk of the outbreak or spread of COVID-19:
ii: avoiding, mitigating, or remedying the actual or potential adverse public health effects of the outbreak of COVID-19 (whether direct or indirect):
e: by way of example under paragraph (d), doing any of the following:
i: requiring any places, premises, craft, vehicles, or other things to be closed or only open if specified measures are complied with:
ii: prohibiting any craft, vehicles, or other things from entering any port or place, or permitting the entry of any craft, vehicles, or other things into any port or place only if specified measures are complied with:
iii: prohibiting gatherings of any specified kind in any specified places or premises, or in any specified circumstances:
iv: requiring any places, premises, craft, vehicles, or other things to be isolated, quarantined, or disinfected in any specified way or specified circumstances:
v: requiring the testing of any places, premises, craft, vehicles, or other things in any specified way or specified circumstances:
f: in relation to laboratories that undertake COVID-19 testing, by—
i: setting quality control measures and minimum standards:
ii: requiring COVID-19 test results to be reported to the Director-General’s public health national testing repository:
iii: managing the supply of testing consumables (such as reagents and swabs) used by the laboratories:
iv: providing differently for different classes of testing laboratories (for example, different provisions for laboratories depending on whether they are funded publicly or privately):
g: requiring the owner or any person in charge of a specified laboratory that undertakes COVID-19 testing to—
i: deliver or use, in accordance with directions given under the order, specified quantities of COVID-19 testing consumables that the Minister considers necessary for the purposes of the public health response to COVID-19:
ii: undertake COVID-19 testing solely for the purposes of the public health response to COVID-19 while subject to the order, whether or not the laboratory is contracted by the Crown for that purpose.
2: An order made by the Minister may specify which breaches of an order made by the Minister or the Director-General are infringement offences for the purposes of section 26(3) section 33(1)(b)
3: For the purposes of this section and section 12 things
4: All goods prohibited from import under a COVID-19 order are deemed to be included among goods prohibited from import under section 96 of the Customs and Excise Act 2018, and the provisions of that Act apply to those goods accordingly.
5: A COVID-19 order is secondary legislation ( see
6: If a COVID-19 order authorises the Director-General or chief executive to do anything specified in section 12(1)(d)
a: the notice is secondary legislation ( see
b: the order must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) 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. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
8: New section 11A inserted (Compensation or payment relating to requisitions)
After section 11
11A: Compensation or payment relating to requisitions
1: This section applies if an order is made under section 11(1)(g)
2: The owner of a testing laboratory injuriously affected by the requisitioning of testing consumables is entitled to receive compensation from the Crown at the market rate for the consumables requisitioned.
3: The owner of a testing laboratory required to undertake COVID-19 testing solely for the purposes of the public health response to COVID-19 is entitled to be paid by the Crown for its services at the market rate for those services.
4: All questions and disputes relating to claims for compensation or payment under this section must be heard and determined by the District Court, whose decision is final.
9: Section 12 replaced (General provisions relating to COVID-19 orders)
Replace section 12
12: General provisions relating to COVID-19 orders
1: A COVID-19 order may—
a: impose different measures, including requirements, restrictions, directions, and conditions, for different circumstances and different classes of persons, places, premises, craft, vehicles, or other things:
b: apply,—
i: in relation to persons, generally to all persons in New Zealand or to any person or specified class of persons in New Zealand:
ii: in relation to places, premises, craft, vehicles, or other things, to any class or to all of them:
iii: in relation to anything else,—
A: generally throughout New Zealand:
B: in any area, however described:
c: provide that any provision of a COVID-19 order (even if the provision is beneficial) does not apply in any specified circumstances, in any specified way, or to any specified persons, places, premises, craft, vehicles, or other things, or to any specified class of persons, places, premises, craft, vehicles, or other things:
d: authorise the Director-General or the chief executive, subject to any criteria or conditions specified in the order, to do any of the following things by written notice:
i: specify, determine, designate, define, or approve any matters, impose conditions, or give directions, required for the operation of a provision of a COVID-19 order, including matters that affect or determine the application, operation, or scope of a provision:
ii: determine that any provision of a COVID-19 order (even if the provision is beneficial) does not apply in any specified circumstances, in any specified way, or to any specified persons, places, premises, craft, vehicles, or other things, or to any specified class of persons, places, premises, craft, vehicles, or other things:
e: if any thing can be prohibited under section 11
2: However, a COVID-19 order—
a: may not apply only to a specific individual:
b: if made by the Director-General, may apply only within the boundaries described under section 10(a)
c: may not be made under section 11(1)(e)(i)
i: any premises that are, or any part of any premises that is, used solely as a private dwellinghouse:
ii: any premises that are, or are part of, a prison (within the meaning of section 3(1) of the Corrections Act 2004):
d: may not be made under section 11(1)(e)(i) or (iii)
i: any premises within the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000):
ii: any premises whose principal or only use is as a courtroom or Judge’s chambers or a court registry.
3: If a COVID-19 order or a notice referred to in subsection (1)(d)
4: For the purposes of subsection (1)(c) and (d)
10: Section 13 amended (Effect of COVID-19 orders)
Replace section 13(1)(b)
b: it confers a discretion on any person, or allows any matter or thing to be granted, specified, determined, designated, defined, approved, or disapplied by any person, or allows a person to impose conditions or give directions, whether or not there are prescribed criteria.
11: Section 21 amended (Power to give directions)
1: In section 21 a COVID-19 order or a rule made under section 32Q
2: In section 21(a) the order or rule
12: Section 22 amended (Power to close roads and public places and stop vehicles)
1: In section 22(2) authority supervision
2: After section 22(3)
3A: For the purpose of enforcing or monitoring compliance with a COVID-19 order that restricts movement by persons with or without vehicles, a constable may stop persons and vehicles at any road block or checkpoint established for that purpose.
3: After section 22(4)
5: An enforcement officer may also stop persons and vehicles for the purpose stated in subsection (3A)
6: For the purpose of subsection (5) enforcement officer
a: a member of the Armed Forces (as defined in section 2(1) of the Defence Act 1990):
b: any person whom the Commissioner recognises as being—
i: a Māori warden; or
ii: a nominated representative of an iwi organisation; or
iii: a Pasifika warden; or
iv: a community patroller.
7: Section 18 applies with any necessary modifications for the purpose of subsection (6)
13: Section 26 replaced (Offences relating to compliance with orders)
Replace section 26
26: Offences and infringement offences
1: A person commits an offence if the person intentionally fails to comply with a COVID-19 order.
2: 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.
3: A person commits an infringement offence if the person—
a: does anything specified as an infringement offence in this Act or a COVID-19 order; or
b: breaches a rule made under section 32Q
4: A person who commits an infringement offence is liable to—
a: an infringement fee of,—
i: for an individual, $4,000 or any lesser or equal amount prescribed by regulations made under section 33
ii: for any other person, $12,000 or any lesser or equal amount prescribed by the regulations; or
b: a fine imposed by a court not exceeding,—
i: for an individual, $12,000 or any lesser or equal amount prescribed by the regulations; or
ii: for any other person, $15,000 or any lesser or equal amount prescribed by the regulations.
14: Section 27 amended (Offences relating to exercise of enforcement powers)
Replace section 27(4)
4: A person who commits an offence against any of subsections (1) to (3) is liable on conviction to,—
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.
15: Section 28 amended (Proceedings for infringement offences)
Replace section 28(2)
2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.
3: See
16: Section 32B amended (MIQF costs subject to recovery)
In section 32B relevant
17: Section 32C amended (Criteria for cost recovery)
In section 32C relevant
18: Section 32E amended (Persons in respect of whom prescribed charges payable)
1: Repeal section 32E(1)(a)(ii)
2: Replace section 32E(2)
2: An exempt person
19: Section 32F amended (Exemptions, waivers, and refunds)
Replace section 32F(2)
2: Regulations made under section 33A may authorise the Minister or the chief executive to exempt, waive, or refund the whole or part of any prescribed charge, or defer the time for payment, in any particular case or any class or classes of cases (and may or may not prescribe criteria to be applied by the Minister or the chief executive in doing so).
20: Section 32G amended (Payment of charge)
In section 32G(2) of MBIE
21: Section 32H amended (Express authorisation for purpose of section 65K of Public Finance Act 1989)
In section 32H relevant Minister or the chief executive of MBIE Minister or the chief executive
22: New subpart 3B of Part 2 inserted
After section 32I
3B: Management of MIQFs and other places of isolation or quarantine
Management of allocations
32J: Interpretation
In this subpart, unless the context otherwise requires,— confirmed allocation managed isolation allocation system offline allocation online allocation New Zealander
32K: Chief executive responsible for operation of managed isolation allocation system
1: The chief executive is responsible for the operation of the managed isolation allocation system.
2: The chief executive must ensure that the managed isolation allocation system does not at any time permit the issue of more confirmed allocations than the number of available allocations.
32L: Apportionment between allocations
The Minister must determine the apportionment between the issue of online allocations and offline allocations.
32M: Online allocations
1: Online allocations to MIQFs may be issued on a basis that the Minister decides.
2: In making a decision under subsection (1)
a: the right of New Zealanders under section 18(2) of the New Zealand Bill of Rights Act 1990 to enter New Zealand; and
b: the need to mitigate, so far as possible, the social, economic, and other impacts of COVID-19.
3: The basis on which online allocations to MIQFs are issued may—
a: distinguish between different classes of persons entering New Zealand (for example, between New Zealanders and non-New Zealanders); and
b: prioritise allocations as between different classes of persons; and
c: reserve for a particular class, or any classes, of persons a specific proportion of allocations.
32N: Offline allocations for individuals and groups
1: Offline allocations to MIQFs may be issued to persons who meet the eligibility criteria determined by the Minister.
2: An offline allocation may be—
a: an individual offline allocation:
b: a group offline allocation.
3: In determining the eligibility criteria under subsection (1)
a: the right of New Zealanders under section 18(2) of the New Zealand Bill of Rights Act 1990 to enter New Zealand; and
b: the need to mitigate, as far as possible, the social, economic, and other impacts of COVID-19.
4: The chief executive must determine individual offline allocations on the basis of the eligibility criteria determined under subsection (1)
5: The Minister must determine group offline allocations on the basis of the eligibility criteria determined under subsection (1)
6: The chief executive must publish on the responsible agency’s Internet site—
a: the eligibility criteria determined under subsection (1)
b: approved group offline allocations.
32O: Amendment and cancellation of allocations
The chief executive may at any time—
a: amend an online or offline allocation issued to any person (for example, if the starting date for isolation specified in an offline allocation issued to an individual is required to be changed because of a travel delay):
b: cancel an online or offline allocation issued to any person (for example, if the person no longer requires the allocation, or can no longer use the allocation because of a cancelled flight). Provisions relating to MIQFs or other places of isolation or quarantine
32P: Restrictions on movement within MIQFs or other places of isolation or quarantine
1: A person required under a COVID-19 order to reside for any period in an MIQF or other place of isolation or quarantine must remain in their room, except—
a: to do an activity (such as taking fresh air) authorised, and subject to any conditions imposed, by the chief executive; or
b: if they need to leave to preserve or protect their own or another person’s life, health, or safety in an emergency; or
c: to attend any court, tribunal, New Zealand Parole Board hearing, or other judicial institution that they are required or permitted to attend by that institution; or
d: if the chief executive is satisfied, on the basis of the advice of a suitably qualified health practitioner, that the person needs to leave—
i: to access medical services; or
ii: to move to another place of isolation or quarantine (for example, for temporary or emergency care while the person is sick); or
e: if they are required to leave under Part 4 of the Health Act 1956; or
f: if they are required to move to another place of isolation or quarantine by—
i: a court order; or
ii: any other obligation imposed under an enactment that is related to the detention of the person (for example, a direction of the New Zealand Parole Board or a probation officer); or
g: otherwise as permitted under a COVID-19 order.
2: However, a person leaving their MIQF or other place of isolation or quarantine under this section must comply with any directions of, or conditions imposed by, the chief executive.
3: The chief executive may choose not to exercise their power under subsection (1)(a)
a: it is necessary to prevent the risk or spread of COVID-19 and the chief executive has consulted the Director-General:
b: to ensure the health and safety of workers and returnees in an MIQF or other place of isolation or quarantine:
c: to ensure the security of an MIQF or other place of isolation or quarantine.
4: In deciding whether to choose not to exercise their power under subsection (1)(a)
a: must consider the impact on the person’s rights and freedoms under the New Zealand Bill of Rights Act 1990; and
b: may have regard to the operational and resourcing implications of the decision.
5: A person who intentionally fails to comply with subsection (1) or (2)
a: imprisonment for a term not exceeding 6 months; or
b: a fine not exceeding $12,000.
6: A failure to comply with subsection (1) or (2)
32Q: Chief executive may make rules
1: The chief executive may make rules for the purpose of ensuring the effective and orderly operation of MIQFs, including (without limitation) rules—
a: prohibiting or restricting (with or without conditions) the things (including alcohol, goods, and other items) that can be brought into, sent out of, or removed from an MIQF:
b: restricting or prohibiting (with or without conditions) specified behaviour of persons within, or going to or from, an MIQF:
c: specifying that a breach of a rule is a particular class of infringement offence (with the corresponding penalties) for the purposes of regulations made under section 33(1)(b)
2: The chief executive must be satisfied that the rules do not limit or are a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990.
3: Rules made under this section are 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 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.
32R: Power to hold things
1: The chief executive may hold anything that a person in isolation or quarantine in an MIQF possesses in the MIQF, or attempts to bring into the MIQF, in breach of rules made under section 32Q
2: The chief executive may hold anything being delivered to a person staying in isolation or quarantine in an MIQF if the chief executive has reasonable grounds to believe the thing being delivered is not permitted under the rules.
3: Anything held by the chief executive under this section may be held only for the duration of the person’s stay in isolation or quarantine in the MIQF. Complaints process
32S: Complaints process relating to management of MIQFs
1: The chief executive must establish a complaints process that provides for the responsible agency to receive and investigate complaints from affected individuals about—
a: the operation and day-to-day running of an MIQF; or
b: exemptions from any requirement to remain in an MIQF; or
c: prescribed charges for MIQF costs; or
d: MIQF allocations; or
e: the managed isolation allocation system; or
f: managed isolation and quarantine.
2: The chief executive must ensure that, as far as practicable, the process enables complaints to be dealt with fairly, efficiently, and effectively.
3: The chief executive must ensure that the complaints process is publicly available, by publishing details of the complaints process on the responsible agency’s Internet site or in some other manner accessible to the public free of charge. Information collection
32T: Persons in respect of whom charges are payable to provide contact details
1: A person in respect of whom charges are payable under section 32E must provide the responsible agency with the following contact information about the person liable to pay the prescribed charges for MIQF costs for the purpose of invoicing those charges:
a: their full name (as it appears on their passport, if the person liable to pay is an individual):
b: a phone number on which they can be contacted:
c: an email address at which they can be contacted:
d: their contact address.
2: If the contact information required by subsection (1)
3: A failure to comply with subsection (1) or (2)
23: Section 33 replaced (Regulations)
Replace section 33
33: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: prescribing penalties for infringement offences, which,—
i: in the case of infringement fees, must not be more than—
A: $4,000, for an individual; or
B: $12,000, for any other person; and
ii: in the case of fines, must not be more than—
A: $12,000, for an individual; or
B: $15,000, for any other person:
b: prescribing different penalties for different infringement offences or classes of infringement offences, defined in any way (including by the seriousness of the offence or whether it is a repeat offence), so that (for example)—
i: the regulations may prescribe a fixed infringement fee or fine, or different infringement fees or fines, for an infringement offence under section 32P(6) or 32T(3)
ii: a COVID-19 order may specify that an infringement offence specified in a COVID-19 order belongs to a certain class (with corresponding penalties):
iii: a rule made under section 32Q
c: prescribing the form of infringement notices and reminder notices, and the information to be included in the notices:
d: providing for anything that this Act says may or must be provided for by regulations:
e: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Before recommending that regulations be made under subsection (1)(a) or (b)
a: the severity and impact of the breaches specified as infringement offences or classes of infringement offences; and
b: the appropriateness of the penalty for any group likely to be affected by the specified offences or specified classes of offences, including equity considerations; and
c: penalties for comparable offences or classes of offences in other legislation (if any).
3: Regulations made under this section are 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.
24: Section 33A amended (Regulations relating to cost recovery)
In section 33A(1) relevant Minister made after consultation with the Minister (as defined in this Act) Minister
25: New sections 33B and 33C inserted
After section 33A
33B: Incorporation of material by reference in COVID-19 orders
1: The following standards, requirements, recommended practices, or material that is relevant to the purpose of this Act may be incorporated by reference into any COVID-19 order or other secondary legislation (an instrument
a: standards, requirements, or recommended practices published by or on behalf of any body or person in New Zealand or in any other country:
b: standards, requirements, or recommended practices of international or national organisations:
c: standards, requirements, or recommended practices of any country or jurisdiction:
d: any other material that, in the opinion of the Minister (or, as appropriate, the Director-General), is too large or impractical to be printed as part of the instrument concerned.
2: Material may be incorporated in an instrument in whole or in part, and either unmodified or with any additions, omissions, or variations that are specified in the instrument.
3: Material that is incorporated by reference in an instrument is to be treated for all purposes as forming part of that instrument.
4: Every reference in an instrument to the current edition of any standard work of reference is, unless the instrument otherwise specifies, to be construed at any particular time as the latest edition of that work available at that time, together with any amendments, additions, and deletions made to or from it up to that time.
5: If any amendment to material incorporated by reference under this section (other than to any standard work of reference) is made, that amendment does not take effect until the date specified for that purpose by the Director-General by notification in the Gazette
6: An instrument that incorporates material by reference under this section must state where the material can be accessed in accordance with section 33C(3)
7: A standard work of reference
33C: Availability and proof of material incorporated by reference
1: If material (other than a standard work of reference) is incorporated by reference in an instrument under section 33B
a: certified as a correct copy of the material by the Director-General; and
b: retained by the Director-General.
2: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the instrument of that material.
3: The Director-General must—
a: make copies of all material incorporated in an instrument by reference available for inspection, free of charge, at the head office of the Ministry of Health and at other places that the Director-General determines are appropriate; and
b: make copies of the material available, free of charge, on an Internet site maintained by or on behalf of the Ministry of Health; and
c: either make copies of the material available for purchase, at reasonable cost, or advise where copies of the material may be obtained.
4: The Director-General may comply with subsection (3)(b)
5: The Director-General is not required to comply with subsection (3)(b) or (c)
26: New section 34A inserted (Protection of contact tracing information)
After section 34
34A: Protection of contact tracing information
1: Despite anything in the Privacy Act 2020, personal information about an identifiable individual that is provided or obtained for the purpose of contact tracing under this Act (such as through QR scans or paper-based forms) may not be collected, used, or disclosed by anyone except for the purpose of contact tracing under this Act or for the purposes of the Health Act 1956.
2: Nothing in this section limits the right of an individual to access or disclose information about them under the Privacy Act 2020 or any other Act.
3: A person who intentionally fails to comply with subsection (1)
4: A person who commits an offence against subsection (3)
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.
27: Schedule 1 amended
1: In Schedule 1, clause 5(3) of MBIE
2: In Schedule 1
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
28: Consequential amendments to secondary legislation
Amend the legislation specified in Schedule 2 2021-11-20 COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020 COVID-19 Public Health Response (Air Border) Order (No 2) 2020 COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 COVID-19 Public Health Response (Vaccinations) Order 2021
2: Consequential amendment to Summary Proceedings Act 1957
Amendment to Summary Proceedings Act 1957
29: Principal Act
Section 30 Summary Proceedings Act 1957 2021-11-20 Summary Proceedings Act 1957
30: Section 2 amended (Interpretation)
In section 2(1) infringement notice
jh: section 30 of the COVID-19 Public Health Response Act 2020; or


1: Title
This Act is the COVID-19 Response (Management Measures) Legislation Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendments to enactments
Amend the enactments specified in Schedules 1 to 7 2021-11-03 Gambling Act 2003 Rating Valuations Act 1998 Climate Change Response Act 2002 COVID-19 Recovery (Fast-track Consenting) Act 2020 Resource Management Act 1991 Contract and Commercial Law Act 2017 COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 Credit Contracts and Consumer Finance Act 2003 Consumer Information Standards (Origin of Food) Regulations 2021 Residential Tenancies Act 1986 Coroners Act 2006 Criminal Procedure Act 2011 Epidemic Preparedness Act 2006 Legislation (Publication) Regulations 2021 Property Law Act 2007 Land Transport Act 1998