A. Exemption From Clauses 8(2) and 8(3) of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (“Part 1 Exemption”)
1. Pursuant to clause 15A of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (“Order”), I, the Honourable Chris Hipkins, Minister for COVID-19 Response, having taken into account the advice of the Director-General of Health, hereby declare that the persons who satisfy each of the following criteria are exempt from clauses 8(2) and 8(3) of the Order:
- persons who travel to New Zealand on or about 10 December 2021 to participate in the Summer of Cricket series (as listed as a Government-approved event at H5.30.15 of the Immigration Instructions) as part of the Bangladesh Men’s Cricket team, which includes (but is not limited to) players, coaches, team management and other support staff;
- who have undergone a COVID-19 polymerase chain reaction test within 72 hours prior to commencing their travel to New Zealand;
- who have undergone a symptom check within 48 hours prior to commencing their travel to New Zealand;
- who have undergone medical testing and examination for COVID-19 within 24 hours of their arrival at their allocated managed isolation and quarantine facility (MIQF) in which they are residing and satisfy a medical officer of health that they are unlikely to transmit COVID-19; and
- who have undergone medical testing and examination for COVID-19 on or around the third day after arrival in New Zealand (“Day Three Test”), and, after the Day Three Test only, satisfy a medical officer of health that they are unlikely to transmit COVID-19.
(collectively “Members of the Bangladesh Men’s Cricket team”).
2. The Part 1 Exemption will begin at 11.59pm on 2 December 2021.
3. The Part 1 Exemption expires after every person subject to the Part 1 Exemption completes their period of isolation or quarantine in accordance with clause 10 of the Order, or at 11.59pm on 17 December 2021 (whichever occurs earliest).
4. For the purposes of the Part 1 Exemption, a “Bubble” is a group of the Members of the Bangladesh Men’s Cricket Team who may intermingle and train with each other. For the purposes of the Part 1 Exemption, the Members of the Bangladesh Men’s Cricket Team are permitted to form a bubble with each other.
5. The Part 1 Exemption is subject to the following conditions:
- while a medical officer of health undertakes investigations (if any) relating to, or for the purpose of, the Part 1 Exemption, the Members of the Bangladesh Men’s Cricket team must act consistently with the requirements of clause 8(2) and 8(3) of the Order until advised otherwise by that medical officer of health;
- each Member of the Bangladesh Men’s Cricket team must satisfy a medical officer of health, after medical examination and testing on each day referenced in 5(a) above, that they are unlikely to transmit COVID-19;
- all Members of the Bangladesh Men’s Cricket team must only travel between the training facility that has been designated a low-risk MIQF for the purposes of the Members of the Bangladesh Men’s Cricket team to undertake training (“training facility”) and their allocated MIQF in which they are residing. This travel must be as direct as reasonably practicable;
- the travel between the training facility and the MIQF in which they are residing must be undertaken in vehicles that have been designated by the Crown for this purpose;
- all Members of the Bangladesh Men’s Cricket team must not have any in-person contact with any other person who is not in their Bubble, except to the extent required to undertake the travel to and from the training facility and the MIQF in which they are residing and except as contemplated by the Order (for example, contact may be required with the driver of the designated vehicle and any site manager);
- all Members of the Bangladesh Men’s Cricket team must wear medical face coverings as provided by the relevant site manager while traveling in the designated vehicles to and from the training facility and their allocated MIQF in which they are residing;
- all Members of the Bangladesh Men’s Cricket team must maintain physical distancing (to the greatest extent practicable) from all other residents (i.e. those persons not subject to this exemption) at the MIQF at which they are residing and any other location and in accordance with this exemption; and
- all Members of the Bangladesh Men’s Cricket team may only access the areas of the MIQF in which they reside (their room) and spaces designated for official team business and the training facility, both as advised by the relevant site manager.
6. If any person is required to stay in a high-risk MIQF or otherwise fails to satisfy a medical officer of health that they are unlikely to transmit COVID-19, the Part 1 Exemption may cease to apply to that person (upon notice given by the Director-General of Health to Bangladesh Cricket Board).
B. Exemption From Clauses 15GP(2) and 15GS(1) of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (“Self-Isolation Exemption”)
7. Pursuant to clause 15GU of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (“Order”), I, the Honourable Chris Hipkins, Minister for COVID-19 Response, having taken into account the advice of the Director-General of Health, hereby declare that the persons who satisfy each of the following criteria are exempt from clauses 15GP(2) and 15GS(1) of the Order:
- persons who meet the requirements outlined in clause 1 of this notice;
- who have undergone medical testing and examination for COVID-19 on or around the sixth day after arrival in New Zealand (“Day Six Test”), and, after the Day Six Test only, satisfy a medical officer of health that they are unlikely to transmit COVID-19; and
- who have met the requirements for isolation and quarantine as outlined in Part 1 of the Order
(collectively “Self-Isolating Members of the Bangladesh Men’s Cricket team”).
8. The Self-Isolation Exemption will begin at the same time as clause 15GM of the Order applies to all of the Self-Isolating Members of the Bangladesh Men’s Cricket team.
9. The Self-Isolation Exemption will expire after all of the Self-Isolating Members of the Bangladesh Men’s Cricket team have satisfied the requirements under clause 15GN of the Order.
10. For the purposes of the Self-Isolation Exemption, a “Bubble” is a group of the Self-Isolating Members of the Bangladesh Men’s Cricket team who may intermingle and train with each other.
11. The Self-Isolation Exemption is subject to the following conditions:
- The Bangladesh Cricket Board must submit (and comply with) a team transport plan (“Team Transport Plan”) to the Ministry of Business, Innovation and Employment and the Ministry of Health. The Team Transport Plan must include the following:
- all Self-Isolating Members of the Bangladesh Men’s Cricket team must only travel between the training facility that has been designated a low-risk MIQF for the purposes of the Self-Isolating Members of the Bangladesh Men’s Cricket team to undertake training during their period of self-isolation (“self-isolation training facility”) and their place of self-isolation in which they are residing; and
- this travel must be as direct as reasonably practicable.
- The Bangladesh Cricket Board must submit (and comply with) a Public Health plan, (“Public Health Plan”) to the Ministry of Business, Innovation and Employment and the Ministry of Health. The Public Health Plan must include the following:
- all Self-Isolating Members of the Bangladesh Men’s Cricket team must not have any in-person contact with any other person who is not in their Bubble, except to the extent required by the Team Transport Plan;
- all Self-Isolating Members of the Bangladesh Men’s Cricket team must wear medical face coverings as provided by the relevant site manager while traveling in the designated vehicles to and from the self-isolation training facility and their allocated place of self-isolation in which they are residing;
- all Self-Isolating Members of the Bangladesh Men’s Cricket team must maintain physical distancing (to the greatest extent practicable) from all other residents (i.e. those persons not subject to the Self-Isolation Exemption) at the place of self-isolation at which they are residing and any other location and in accordance with the Self-Isolation Exemption; and
- all Self-Isolating Members of the Bangladesh Men’s Cricket team may only access the areas of the place of self-isolation in which they reside (their individual room) and spaces designated for official team business and the self-isolation training facility.
- The application of the clauses above extends to the cooking, eating, bathroom, washing and laundry, and training areas of the place of self-isolation. Public Health measures as outlined in the Public Health Plan will apply to all these areas of the place of self-isolation.
12. If any person, or groups of persons, subject to the Part 1 Exemption or the Self-Isolation Exemption (each an “Exemption” and together “the Exemptions”) does not meet or comply with a condition of an Exemption, or breaches a condition of an Exemption, one or both of the Exemptions will cease to apply upon the giving of notice by the Director-General of Health to the Bangladesh Cricket Board in respect to either all persons subject to the relevant Exemption or any person (or groups of persons) as named in the notice. Either or both of the Exemptions may either cease to apply in their entirety, for a fixed time period as set out in the notice or until remedial conditions set out in the notice are met.
13. If any person subject to an Exemption breaches the Order, or is arrested, charged or is suspected of committing an offence punishable by imprisonment, the relevant Exemption will cease to apply upon the giving of notice by the Director-General of Health to the Bangladesh Cricket Board in respect of the persons named in that notice. The relevant Exemption may either cease to apply in its entirety, for a fixed time period as set out in the notice, or until remedial conditions set out in the notice are met.
14. Subject to the terms of the Exemptions, all other provisions of the Order continue to apply until the Exemptions expire.
15. Any changes to New Zealand COVID-19 requirements during the period of the Exemptions that may affect the Exemptions will be advised to all Members of the Bangladesh Cricket Team upon the giving of written notice by the Director-General of Health to the Bangladesh Cricket Board in respect to either all persons subject to the Exemptions, or any person (or groups of persons) as named in the notice.
Dated at Wellington this 27th day of November 2021.
Hon CHRIS HIPKINS, Minister for COVID-19 Response.