1: Title
This Act is the Drug and Substance Checking Legislation Act 2021.
2: Commencement
This Act comes into force on the later of the following:
a: the day after the date on which this Act receives the Royal assent:
b: immediately after subpart 2 subpart 2
1: Amendments to Misuse of Drugs Act 1975
3: Amendments to Misuse of Drugs Act 1975
This Part amends the Misuse of Drugs Act 1975 2021-12-07 Misuse of Drugs Act 1975
4: Section 2 amended (Interpretation)
In section 2(1) drug and substance checking service provider service provider clause 4 of Schedule 6 drug information body drug or substance entity
a: a body corporate:
b: a corporation sole:
c: in the case of a trust that has—
i: only 1 trustee, the trustee acting in their capacity as trustee:
ii: more than 1 trustee, the trustees acting jointly in their capacity as trustees:
d: an unincorporated body (including a partnership) psychoactive substance responsible person
a: a director, partner, or trustee of the entity; or
b: if the entity does not have directors, partners, or trustees, a person who acts in relation to the entity in the same or a similar fashion as a director, partner, or trustee would were the entity a company, partnership, or trust worker
a: an employee; or
b: a contractor or subcontractor; or
c: a volunteer (being a person who carries out work on a voluntary basis, whether or not the person receives out-of-pocket expenses)
5: New section 2AA inserted (Transitional, savings, and related provisions)
After section 2A
2AA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
6: Section 6 amended (Dealing with controlled drugs)
In section 6(1) section 8 section 8 or 35DD
7: Section 7 amended (Possession and use of controlled drugs)
In section 7(1) section 8 section 8 or 35DD
8: Section 12 amended (Use of premises or vehicle, etc)
After section 12(1)
1A: It is not an offence against subsection (1) for a person to permit any premises or mode of conveyance to be used by a drug and substance checking service provider for the purpose of performing the functions specified in section 35DB
9: Section 14 amended (Licences)
After section 14(6)
7: This section does not apply in relation to licences for drug and substance checking service providers.
10: New sections 35DA to 35DI and cross-headings inserted
After section 35D Drug and substance checking
35DA: Licensing of drug and substance checking service providers
The Director-General of Health may license drug and substance checking service providers under Schedule 6
35DB: Functions of service provider
1: The functions of a service provider are to do 1 or more of the following:
a: provide accurate and appropriate information and harm reduction advice to help individuals make informed decisions about drug and substance use:
b: test any drug or substance (which may be a controlled drug or psychoactive substance) that an individual presents for checking to ascertain the composition and likely identity of the drug or substance:
c: advise the individual who presented a drug or substance for checking of the outcome of the testing:
d: return a drug or substance to the individual who presented it for checking:
e: dispose of any sample of a drug or substance used in testing:
f: dispose of, or arrange for the disposal of, any drug or substance surrendered by any individual for disposal:
g: arrange for a sample of a drug or substance (including one that has been surrendered for disposal) to be tested by an approved laboratory:
h: train, or arrange for the training of, the service provider’s workers to perform the functions specified in paragraphs (a) to (g)
2: A service provider must perform the functions referred to in subsection (1)
35DC: Possession or supply of controlled drug for purpose of performing functions
1: A service provider’s licence entitles them to do 1 or more of the following for the purpose of performing the provider’s functions:
a: possess a controlled drug for as long as is reasonably necessary to perform the provider’s functions:
b: return a controlled drug to the individual who submitted it for checking:
c: send a controlled drug to an approved laboratory for testing.
2: Subsection (1)
3: In this section and section 35DD controlled drug
35DD: Supplying or surrendering controlled drug to service provider
An individual may do 1 or both of the following:
a: supply a controlled drug to a service provider for the purpose of checking:
b: surrender a controlled drug to a service provider for the purpose of disposal. Drug and substance checking: general licence conditions
35DDA: General licence conditions set out in sections 35DDB to 35DDK
Sections 35DDB to 35DDK
35DDB: Service provider must display copy of licence
A service provider must clearly display a copy of their licence when, and at the site where, the service provider is performing any of the functions specified in section 35DB(1)(a) to (d)
35DDC: Service provider must not perform functions in residential premises
A service provider must not perform any of their functions in a residential premises (as defined in section 2(1) of the Residential Tenancies Act 1986
35DDD: Service provider must not charge individuals for drug checking services
A service provider must not charge any fee to an individual for testing or disposing of a drug or substance for that individual.
35DDE: Service provider must not require or collect, etc, certain information
1: This section applies in relation to an individual who does 1 or both of the following:
a: presents a drug or substance to a service provider for checking:
b: surrenders a drug or substance to a service provider for disposal.
2: The service provider must not—
a: require the individual to disclose demographic information (such as their age, sex, ethnicity, or cultural background) as a condition of providing service to the individual; or
b: collect, maintain, use, or disclose any personal information about the individual.
3: However, subsection (2)(b)
4: In this section,— collect section 7(1) of the Privacy Act 2020 other health services section 2(1) of the Health and Disability Commissioner Act 1994 section 35DB personal information section 7(1) of the Privacy Act 2020
35DDF: Service provider must provide accurate and appropriate harm reduction advice with test results
1: A service provider must ensure that, when an individual who presents a drug or substance for checking is advised of the outcome of the testing, the individual is given accurate and appropriate advice in accordance with this section.
2: The advice must be about the following harms and how they may be reduced or avoided:
a: if the test indicates the likely identity of the drug or substance, the harms associated with that drug or substance:
b: if the test does not indicate the likely identity of the drug or substance but the service provider considers that, in the circumstances, they are able to form a view on its likely identity,—
i: the harms associated with that drug or substance; and
ii: the harms associated with taking a drug or substance of an unknown identity:
c: in any other case where the test does not indicate the likely identity of the drug or substance, the harms associated with taking a drug or substance of an unknown identity.
3: The service provider does not breach subsection (2)
4: See clause 6 of Schedule 6
35DDG: Service provider must store controlled drugs or psychoactive substances securely
A service provider must securely store all controlled drugs or psychoactive substances in their possession.
35DDH: Service provider must report loss or removal of controlled drug or psychoactive substance
1: This section applies if a controlled drug or psychoactive substance in a service provider’s possession is lost or removed from their possession without the service provider’s authority.
2: After the service provider becomes aware of the loss or removal, they must report the loss or removal—
a: immediately to a member of the Police; and
b: as soon as is reasonably practicable to the Director-General of Health (but, in any case, before the end of the following month).
35DDI: Service provider must report data
A service provider must report all test results that they provide to individuals, and the number of individuals advised of test results, to—
a: the Director-General of Health; and
b: a drug information body specified in regulations made under this Act.
35DDJ: Service provider must keep records
1: A service provider must keep a record of—
a: the number of tests carried out by the service provider; and
b: the number of individuals advised of test results by the service provider; and
c: for each drug or substance that the service provider tests and returns to the individual who submitted it for checking,—
i: the purported identity (if known) of the drug or substance; and
ii: the test result; and
d: for each drug or substance that the service provider has in their possession for the purpose of disposal or arranging testing by an approved laboratory, the information specified in subsection (2)
e: for each drug or substance that the service provider has in their possession for the purpose of training, the information specified in subsection (3)
2: The information required by subsection (1)(d)
a: the purported identity (if known) of the drug or substance; and
b: if the drug or substance has been tested by the service provider, the test result; and
c: the weight of the drug or substance; and
d: whichever of the following applies:
i: if the drug or substance is disposed of by the service provider, how and when it was disposed of:
ii: if the drug or substance is provided to another person for disposal, when, how, and to whom it was provided:
iii: if the drug or substance is provided to an approved laboratory for testing, when, how, and to which laboratory it was provided.
3: The information required by subsection (1)(e)
a: the identity of the drug or substance as indicated by testing performed by the service provider or an approved laboratory; and
b: the weight of the drug or substance; and
c: if the drug or substance is destroyed while being used for training, how and when that occurred.
4: The service provider must retain each record for the period prescribed by regulations made under this Act.
5: In this section, purported identity
35DDK: Service provider must facilitate monitoring
1: A service provider must,—
a: if requested in writing by the Director-General of Health, provide the Director-General with any information that the Director-General reasonably requires to monitor the service provider’s compliance with this Act, its regulations, or their licence conditions; and
b: allow an authorised person to access any site where the service provider is performing any of the functions specified in section 35DB
2: An authorised person who accesses a site under subsection (1)(b)
a: must do so only for the purpose of monitoring the service provider’s compliance with this Act, its regulations, or their licence conditions; and
b: must, if requested by the service provider, show the service provider written evidence of the person’s authorisation from the Director-General of Health; and
c: must make all reasonable efforts to avoid disrupting the service provider in their performance of any of the functions specified in section 35DB
d: must not be present in a part of the site where an individual is presenting a drug or substance for checking or being advised of the results of testing of the drug or substance (unless the individual gives their express permission for the authorised person to be present); and
e: must not make a visual or audio recording of—
i: the site; or
ii: any individual who presents a drug or substance to the service provider for checking or is advised of the results of testing of the drug or substance; or
iii: any individual who surrenders a drug or substance to the service provider for disposal.
3: In this section, authorised person section 35DB Drug and substance checking: offences and other matters
35DE: Offence relating to breach of conditions of licence
1: A service provider must not breach any conditions of their licence.
2: A service provider commits an offence and is liable on conviction to a fine not exceeding $5,000 if the service provider, without reasonable excuse, contravenes subsection (1)
3: However, this section does not apply to a contravention of the condition set out in section 35DDF
35DF: Offence to provide checking services, etc, without being licensed
1: A person must not carry out any of the functions specified in section 35DB(1)(b) to (e) section 35DA
2: A person commits an offence and is liable on conviction to a fine not exceeding $20,000 if the person, without reasonable excuse, contravenes subsection (1)
35DG: Liability of responsible persons, etc, if service provider is entity
1: This section applies (instead of section 17
2: Every responsible person and person concerned in the management of the entity commits the same offence if it is proved—
a: that the act that constituted the offence took place with the authority, permission, or consent of the responsible person or person concerned in the management of the entity; or
b: that the responsible person or person concerned in the management of the entity knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
3: A responsible person or person concerned in the management of the entity may be convicted of the offence even if the entity is not convicted of the offence.
4: This section applies to a person concerned in the management of an entity despite section 35DH
35DH: Protections from liabilities of service provider
1: A worker of a service provider is not liable for anything they do or fail to do in the course of the performance or intended performance of the service provider’s functions, unless it is shown that they acted in bad faith or without reasonable care.
2: A worker of a service provider is not liable for any liability of the service provider.
35DI: Use of service and test result not admissible in civil or criminal proceedings
The following is not admissible as evidence in civil or criminal proceedings against an individual who presents a drug or substance for checking by a service provider:
a: evidence that the individual presented a drug or substance to the service provider or in any other way used services of the service provider that relate to the functions specified in section 35DB
b: the result of a test carried out by the service provider in relation to the drug or substance.
11: New section 37B inserted (Regulations relating to drug and substance checking service providers)
After section 37A
37B: Regulations relating to drug and substance checking service providers
1: Without limiting section 37, the Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: prescribing any particulars, information, documents, or other material that must be included in or with an application for a licence to be a drug and substance checking service provider (a licence
b: prescribing the form of licences:
c: prescribing conditions of licences:
d: providing for the renewal of licences:
e: specifying a drug information body for the purposes of section 35DDI
f: prescribing the period for which service providers must retain the records required by section 35DDJ
2: Regulations made under subsection (1)(c)
a: how the service provider must comply with any of the conditions imposed by sections 35DDA to 35DDK
b: other requirements that relate to any of those conditions.
3: Regulations made under subsection (1)(d)
a: provide for a licence to continue in effect (despite clause 8 of Schedule 6
b: prescribe any particulars, information, documents, or other material that must be included in or with an application to renew a licence:
c: provide for the Director-General of Health to—
i: require particulars, information, documents, or other material to be included in or with an application to renew a licence:
ii: refuse to process an application if a required particular, piece of information, document, or piece of other material is not included in or with an application:
iii: require further particulars, information, documents, or other material to be provided before deciding whether to renew a licence:
d: prescribe criteria for the renewal of licences:
e: provide for the review of decisions relating to applications for the renewal of licences.
4: 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.
12: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 1 Misuse of Drugs Act 1975
13: New Schedule 6 inserted
After Schedule 5 Schedule 2
2: Amendments to other enactments
1: Amendments to Acts
Amendments to Psychoactive Substances Act 2013
14: Amendments to Psychoactive Substances Act 2013
Sections 15 to 17 Psychoactive Substances Act 2013 2021-12-07 Psychoactive Substances Act 2013
15: Section 8 amended (Interpretation)
In section 8 approved laboratory section 87 drug and substance checking service provider section 2(1) of the Misuse of Drugs Act 1975
16: Section 70 amended (Offences relating to psychoactive substance that is not approved product)
After section 70(2)
2A: Subsection (1) also does not apply to—
a: a person who gives a psychoactive substance that is not an approved product to a drug and substance checking service provider for the purpose of checking or for disposal:
b: a drug and substance checking service provider who returns a psychoactive substance that is not an approved product to the person who submitted it for checking:
c: a drug and substance checking service provider who supplies a psychoactive substance that is not an approved product to an approved laboratory for testing.
17: Section 71 amended (Offence relating to personal possession of psychoactive substance that is not approved product)
After section 71(2)
2A: Subsection (1) also does not apply to a drug and substance checking service provider if the service provider has possession of the psychoactive substance in the course of performing the service provider’s functions.
2B: Subsection (2A) Amendment to Medicines Act 1981
18: Amendment to Medicines Act 1981
Section 19 Medicines Act 1981 2021-12-07 Medicines Act 1981
19: Section 109 amended (Relationship with Misuse of Drugs Act 1975)
After section 109(3)
3A: A drug and substance checking service provider under the Misuse of Drugs Act 1975 does not commit an offence against this Act or its regulations if the service provider breaches this Act or the regulations in the course of performing the service provider’s functions.
3B: Subsection (3A)
2: Amendment to secondary legislation
Amendment to Misuse of Drugs Regulations 1977
20: Amendment to Misuse of Drugs Regulations 1977
Section 21 Misuse of Drugs Regulations 1977 2021-12-07 Misuse of Drugs Regulations 1977
21: Regulation 28 amended (Custody of controlled drugs)
1: After regulation 28(4)(e)
f: a controlled drug that is in the possession of a drug and substance checking service provider if the service provider has possession of the controlled drug in the course of performing the service provider’s functions.
2: After regulation 28(4)
4AAA: Subclause (4)(f)


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


1: Title
This Act is the Taxation (COVID-19 Support Payments and Working for Families Tax Credits) Act 2021.
2: Commencement
1: This Act comes into force on the day on which it receives the Royal assent, except as provided in this section.
2: Sections 10 11 12 14
1: Amendments to Tax Administration Act 1994
3: Amendments to Tax Administration Act 1994
This Part amends the Tax Administration Act 1994 2021-11-25 Tax Administration Act 1994
4: Section 3 amended (Interpretation)
1: This section amends section 3(1)
2: Insert, in appropriate alphabetical order: COVID-19 support payments scheme
a: established and administered by the Crown to provide support to persons financially affected by a public health measure, business circumstance, or matter that is related to COVID-19, or by a group of such measures, circumstances, or matters; and
b: activated by an Order in Council made under section 7AAC
3: Insert, in appropriate alphabetical order: CSP terms section 7AAB(9)
4: In the definition of disputable decision scheme , or another COVID-19 support payments scheme,
5: In the definition of tax scheme or another COVID-19 support payments scheme
5: Sections 7AAB and 7AAC replaced
1: Replace sections 7AAB 7AAC
7AAB: Authorisation to make COVID-19 support payments
1: The purpose of this section is to authorise the making of payments under a COVID-19 support payments scheme (the CSP scheme COVID-19 circumstance
2: The Commissioner, on behalf of the Crown, may make a grant under the CSP scheme (a grant
a: the CSP scheme is declared active for the COVID-19 circumstance or group of COVID-19 circumstances affecting the person by an Order in Council made under section 7AAC
b: for the period of activation of the CSP scheme,—
i: the person meets the eligibility requirements referred to in subsection (3)(b)(i)
ii: the person, or another person on their behalf, applies to the Commissioner for the grant.
3: For the purposes of subsection (2)
a: must set out the procedure required for a person to make an application for a grant:
b: must determine—
i: the eligibility requirements that a person must meet to qualify for a grant:
ii: the terms and conditions that apply to a grant:
c: must publish, on an internet site administered by the Commissioner, the eligibility requirements referred to in paragraph (b)(i)
4: If a person applies for a grant on behalf of another person, both the person and the person in whose name the application is made must provide information as required by the Commissioner.
5: The person in whose name an application is made is bound by the CSP terms of the grant.
6: The total amount of a grant paid to the person, together with any amount payable under the CSP terms, must be repaid to the Commissioner if the CSP terms require repayment.
7: If a person who receives a grant from the Commissioner does not meet the eligibility requirements referred to in subsection (3)(b)(i)
8: The persons referred to in subsection (4)
9: For the purposes of this section and section 7AAC CSP terms
a: the terms and conditions applying in relation to a person’s eligibility for the grant at the time the grant is made, and any other terms and conditions determined by the Commissioner under subsection (3)(b)(ii)
b: the terms set out in an application for the grant that is made by or on behalf of a person, including the contents of a declaration, consent, or other representation made by or on behalf of the person:
c: the terms and conditions set out in an agreement between the Commissioner and the person receiving the grant.
10: The COVID-19 resurgence support payments scheme is a CSP scheme and the CRSP terms of a grant under that scheme are CSP terms of the grant.
7AAC: Orders in Council related to COVID-19 support payments scheme
1: For the purposes of section 7AAB
a: declare the activation of a COVID-19 support payments scheme (the CSP scheme
b: specify the period for which, or the circumstances in which, the CSP scheme is to operate in relation to the COVID-19 circumstance or group of COVID-19 circumstances:
c: describe a class or classes of persons who may apply for a grant under the CSP scheme and the amount of the grant to which they may be entitled:
d: specify amendments to the CSP scheme, the CSP terms of a grant, or the matters referred to in section 7AAB(3)(a) and (b)
e: extend, renew, or replace a time limit referred to in schedule 7, part A, clause 13B(2)(b)
2: For an order made under the power given in subsection (1)(e)
a: expires if not renewed or replaced under paragraph (b)
i: the period set out in the order, if applicable; or
ii: if no period is set out, 6 months after the order comes into force:
b: may be renewed or replaced by an Order in Council made on or before the date on which the order would otherwise expire.
3: An Order in Council made under subsection (1) or (2)(b) 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.
2: An Order in Council made under section 7AAC that is in force immediately before subsection (1) comes into force—
a: continues in force after subsection (1) comes into force as if made under the replacement section 7AAC:
b: may be amended or revoked as if made under the replacement section 7AAC.
6: Section 157 amended (Deduction of tax from payments due to defaulters)
In section 157(10) income tax scheme or another COVID-19 support payments scheme
7: Schedule 7 amended (Disclosure rules)
In schedule 7, part A, clause 13B
a: in the heading, after scheme or other COVID-19 support payments scheme
b: in subclause (1), after scheme or to another COVID-19 support payments scheme (the CSP scheme
c: in subclause (2)(a)(iv), after CRSP scheme or CSP scheme
d: in subclause (3), after section 7AAC for the CRSP scheme or the CSP scheme
2: Amendments to Income Tax Act 2007
8: Amendments to Income Tax Act 2007
This Part amends the Income Tax Act 2007 2021-11-25 Income Tax Act 2007 See section 2(1) — Act comes into force on the day on which it receives Royal assent (except sections 10, 11, 12, and 14). 2022-04-01 Income Tax Act 2007 See section 2(2) — Sections 10, 11, 12, and 14 come into force.
9: Section MB 13 amended (Family scheme income from other payments)
In section MB 13(2)(jc) scheme , or another COVID-19 support payments scheme
10: Section MD 3 amended (Calculation of family tax credit)
1: In section MD 3(4)(a) $5,878 $6,642
2: In section MD 3(4)(b) $4,745 $5,412
3: Subsections (1) and (2) apply for the 2022–23 and later tax years.
11: Section MD 13 amended (Calculation of family credit abatement)
1: In section MD 13(3)(a)(i) 25 cents 27 cents
2: In section MD 13(3)(a)(ii) 25 cents 27 cents
3: Subsections (1) and (2) apply for the 2022–23 and later tax years.
12: Section ME 1 amended (Minimum family tax credit)
1: In section ME 1(3)(a) $31,096 $32,864
2: Subsection (1) applies for the 2022–23 and later tax years.
13: Section MF 7 amended (Orders in Council)
1: Replace section MF 7(1)(a)(i)
i: correspond to the movement in the New Zealand Consumers Price Index after the quarter ended with 30 September 2021 that has not yet been taken into account by an increase:
2: Replace section MF 7(1)(db)(i)
i: corresponds to the movement in the New Zealand Consumers Price Index after the quarter ended with 30 September 2021 that has not yet been taken into account by an increase:
3: Replace section MF 7(2)(a) and (b)
b: in the case of the first Order in Council made under subsection (1)(a) after the date on which the Taxation (COVID-19 Support Payments and Working for Families Tax Credits) Act 2021 receives the Royal assent, must be made when the total percentage increase in the movement in the New Zealand Consumers Price Index measured from that applying on 1 October 2021 is 5% or more:
4: Replace section MF 7(2BA)(a)
a: in the case of the first Order in Council made under subsection (1)(db) after the date on which the Taxation (COVID-19 Support Payments and Working for Families Tax Credits) Act 2021 receives the Royal assent, must be made when the total percentage increase in the movement in the New Zealand Consumers Price Index measured from that applying on 1 October 2021 is 5% or more:
5: Replace section MF 7(2B)(a) and (b)
a: the number that, when the period started, was the most recent quarterly index number of the New Zealand Consumers Price Index (All Groups) published by Statistics New Zealand:
b: the number that, when the period ended, was the most recent quarterly index number of the New Zealand Consumers Price Index (All Groups) published by Statistics New Zealand.
6: In section MF 7 quarter
14: Section MG 2 amended (Best Start tax credit)
1: In section MG 2(2)(a) $3,120 $3,388
2: Subsection (1) applies for the 2022–23 and later tax years.
15: Section YA 1 amended (Definitions)
In section YA 1 exempt interest scheme , or another COVID-19 support payments scheme