A revocation to this notice was published on 23 November 2022, Notice No. 2022-go4997.

Notice Title

Exemption Under Clause 24 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021

Pursuant to clause 24 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021 (“Order”), the Director-General of Health may exempt a class of persons, businesses, services, or goods (or any person, business, service, or goods) from the application of any provision of the Order or from the requirement to comply with any provision of the Order.

Being satisfied that the exemption is necessary or desirable to promote the purposes of the Act or the purposes of the Order, and that the extent of the exemption is not broader that is reasonably necessary, I grant an exemption as set out below.

Terms used have the meaning given to them under the Order, the COVID-19 Public Health Response act, or under the Education and Training Act 2020.

Onsite Collation and Delivery of Education Resources for Education Entities

Workers of education entities are exempt from the requirement to stay at home under clause 15(1) of the Order where it is necessary for them to leave their home or place of residence in order to:

  1. access the premises of an education entity for the purpose of collating and arranging for the delivery of educational resources to those of their students who are otherwise unable to access resources remotely; and
  2. undertake contactless deliveries to those students.

Contactless Pick-up for Students (Excluding Tertiary Education)

Students of early childhood services and registered schools, or a fellow resident of that student, are exempt from the requirement to stay at home under clause 15(1) of the Order where it is necessary for them to leave their home or place of residence in order to collect education resources from their education provider, where:

  1. those resources are necessary to enable the student to participate in remote learning through their education provider; and
  2. it has not been feasible or possible for the education provider to deliver or arrange for the delivery of the education resources to the student, for example where it is or not practical or safe to arrange for delivery, or the education provider has been unable to obtain an address for the student; and

This exemption is conditional on early learning services and schools acting in accordance with the following requirement:

  1. limited staff onsite at any one time (operating with the minimum staff possible);
  2. ensure staff working onsite are physically distanced (1m), use personal protective equipment and practice good hand hygiene;
  3. ensure high touch surfaces are cleaned in between use by different staff (if they have staff rostered in the morning and then a second shift of staff in the afternoon);
  4. avoid large gatherings of whānau and caregivers through rostering and staggering when people can pick their resources up;
  5. ensure physical distancing (2m) and the use of face coverings by those attending to pick the resources up;
  6. ensure good contact tracing systems are in place including checking in via the COVID Tracer App or an alternative means; and
  7. request anyone who is unwell to stay at home, and seek advice from Healthline on getting tested.

Food Services for Tertiary Student Accommodation

Tertiary Student Accommodation Services where there are no self-catering options available to residents are exempt from the requirement in item 10 of Schedule 2 of the Order to have systems and processes in place to prevent food and drink from being served for consumption on premises.

This exemption is conditional on students and staff being served:

  1. so far as is reasonably practicable, in groups that are appropriately sized and stable;
  2. where possible, only with others in their accommodation service bubble; and
  3. where possible, maintaining the one metre physical distancing rule.

Dated this 19th day of August 2021.

Dr ASHLEY BLOOMFIELD, Te Tumu Whakarae mō te Hauora, Director-General of Health.