A revocation to this notice was published on 23 November 2022, Notice No. 2022-go4998.

Notice Title

Exemption Under Clause 44 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021

Pursuant to clause 44 of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 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 the extent of the exemption is not broader than is reasonably necessary, I grant an exemption for:

  • persons, businesses or services performing insurance, safety and structural assessments and related work on residential buildings and businesses impacted in the 2021 West Auckland floods (affected residents and affected businesses)
  • persons, businesses or services performing construction, building and other related works on residential buildings and businesses impacted by the 2021 West Auckland floods.

This exemption is pursuant to clause 23 of the Order, for the works to operate as an Alert Level 4 business or service and to permit workers to undertake essential personal movement in accordance with clause 19 for the purpose of undertaking that work.

I also grant an exemption to clause 18 for:

  • travel by displaced residents between their temporary emergency accommodation to their residence for the purpose of undertaking or facilitating works under this exemption
  • travel by business owners and employees to their place of business for the purpose of undertaking or facilitating works under this exemption
  • travel by displaced residents and affected business owners and employees between their residence or place of business and waste transfer stations for disposal of flood-damaged waste.

Conditions

The exemption is subject to the following conditions:

  1. persons, businesses or services must comply with all other requirements under the Order, such as physical distancing and face covering requirements;
  2. the number of persons travelling between emergency accommodation and a residence for the purposes of undertaking or facilitating works under this exemption must be the minimum number of people necessary from within their bubble;
  3. persons, businesses or services must have systems and processes in place to ensure so far as is reasonably practicable that each person who enters a building or business—
    1. scans the QR code for the building or business; or
    2. makes a manual entry in their COVID Tracer app; or
    3. provides details in a contact tracing record that the person in control of the building or business collects;
  4. work and travel under this exemption is restricted to work regarding and travel to buildings and businesses that are subject to a notice or sign restricting access to the building under the Building Act 2004 (such as a red or yellow placard).

Dated this 6th day of September 2021.

Dr ASHLEY BLOOMFIELD, Director-General of Health.