Guidelines for Assessing a Waiver of Charges
Under the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges)
Regulations 2020
Status of these guidelines
These guidelines set out matters to be taken into account in considering applications for waiver of charges
under the COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020
(Regulations). They do not take precedence over the Regulations, and if there is any inconsistency, the
Regulations take precedence. These guidelines will be updated from time to time.
Any reference to the Chief Executive or “we” is to the Chief Executive of MBIE or her delegate(s).
Introduction
1. The COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020
(the Regulations) provide that specified persons1 who stay in a managed isolation or quarantine facility
(MIQF) must pay the charges relating to the costs of their stay in the MIQF.
2. However, the Chief Executive of the Ministry of Business, Innovation and Employment (the Chief
Executive) may waive, in whole or in part, the charges payable under the Regulations where the payment
would cause the person undue financial hardship, or if other special circumstances justify a waiver.
3. Applications for a waiver of these charges should be made in writing on the “Managed Isolation and
Quarantine Fee and Waiver Form” available on the MIQ website2. If an application is received which is
not on this form, it will be accepted if it contains all the required information.
4. This statement offers guidance on how the Chief Executive or her delegate will consider an application
to waive the MIQF charges.
5. The Chief Executive will take particular care and adopt an empathetic approach, while taking into account
that the charges that would otherwise be recovered are intended to cover part of the cost of providing
MIQF, and that others staying in MIQF are paying these charges, and that others have chosen not to
travel taking the charges into account.
Who can apply for a waiver
6. Any person who is liable for charges can apply for a waiver.
When people can apply for a waiver
7. A person can apply for a waiver before they travel to New Zealand, while they are in a MIQF, or after they
have left a MIQF.
1 See www.miq.govt.nz and COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations
2020 for information about who needs to pay.
2 See Charges for Managed Isolation
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Timeliness of decision-making
8. Decisions will be made in a reasonable timeframe from when all required information is received.
Undue financial hardship
9. The Chief Executive may waive, in whole or in part, the payment of the charges, if the Chief Executive
considers payment of the MIQF charges would cause the person undue financial hardship.
10. The Chief Executive will consider all applications under this ground on a case by case basis, taking into
account the particular circumstances of each application
11. “
Undue financial hardship” is not defined in the Regulations, however, “undue financial hardship” is
considered to be financial hardship which is unwarranted or inappropriate because it is excessive or
disproportionate. Whether financial hardship is “undue” may include considering the reason for travel,
whether the time of travel is within the person’s control, and also the wider public policy behind the
charging regime.
Undue financial hardship vs. financial hardship
12. The threshold of ‘undue’ financial hardship was included in the Regulations to differentiate from the
power of the Chief Executive to allow payment by instalment, which only requires ‘financial hardship’.
“Financial hardship” may (without limitation) include a situation where a person may be able to
financially afford the charges, but not be able to pay the fees in a single payment within 90 days. In
considering an application on “undue financial hardship” grounds, the Chief Executive will consider both
whether payment would cause financial hardship AND whether any financial hardship is undue.
13. If payment of the charges would or may cause financial hardship, that financial hardship may not be
considered
undue if it arises where a person travels in the following situations (without limitation):
the person is entering New Zealand on a border exception as a critical worker or critical health
worker. For these people, the employer has usually agreed to pay the charges. Where an employer
has not agreed to pay the charges or the person does not have an employer, the charges may be
considered a cost of immigrating, and even if there is financial hardship at the date of travel, the
person can expect to obtain employment in New Zealand (deferment or instalments may be
appropriate in this situation)
the person is entering New Zealand on a temporary visa to join a family member. The charges may
be considered a cost of immigrating/visiting. Where the family member in New Zealand has agreed
to sponsor the person by meeting their costs in New Zealand, it may be reasonable to expect that
the sponsor will meet the charges
the travel is purely discretionary (e.g. a holiday, or visiting family or attending a wedding or other
celebration)
the time of travel is discretionary (e.g. the travel is not time sensitive and/or could reasonably be
delayed until after the pandemic)
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Financial hardship
14. In considering whether to grant a person a waiver on the grounds of undue financial hardship, the Chief
Executive may take into account the following to determine if payment would cause financial hardship:
(a) the person’s income:
(b) the person’s current outgoings (for example, mortgage or loan repayments):
(c) the person’s assets:
(a) the person’s liabilities
15. Factors that the Chief Executive can take into account when determining whether financial hardship
exists include whether the person:
(b) is unable to meet basic living expenses or existing financial obligations;
(c) is receiving, or has applied for, a main benefit (as defined in Schedule 2 of the Social Security Act
2018);
(d) has lost their primary employment or primary business due to COVID-19;
(e) or a dependant of the person, has a serious illness or injury;
(f) has to pay the costs of a funeral for a dependant;
(g) has cash assets below a certain threshold;
(h) any other factors considered relevant.
16. A person will not be granted a waiver on undue financial hardship grounds where the person has
insurance that will cover the charges.
17. The Chief Executive may consider that payment of the MIQ charges would cause a person financial
hardship if payment would mean they would be unable to meet their minimum living expenses, using
normal community standards of cost of living. While these standards must be considered in the context
of the wider community of New Zealand, or the country where the applicant lives, the actual expenditure
of people in different parts of the relevant country may vary.
18. If the Chief Executive considers that it is appropriate to calculate a person’s minimum living expenses,
the Chief Executive may include the actual or reasonable costs of living expenses in the person’s area3,
these costs could include for instance:
Food and groceries;
Accommodation, such as rent, mortgage repayments and rates
Utility services, such as power, gas, and telecommunication services
Transportation, such as cost of public transport and private vehicle costs
Clothing and footwear;
House and contents insurance;
Property maintenance;
Medical, life or other insurances;
Health and medical expenses;
Education for dependents;
3 IRD Household Expenditure Guide provides guidance for New Zealand household expenditure.
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19. The Chief Executive may also have regard to expenditure incurred that is outside the norm due to a
person’s specific circumstances, for example travel expenses to return to New Zealand if they are higher
than usual due to COVID-19, funeral/tangihanga costs for a relative, costs of a New Zealand citizen or
permanent resident returning to live in New Zealand.
20. However, in calculating the person’s minimum living expenses, the Chief Executive may decide not to
take into account the person’s ability to maintain entertainment, their social activities, the cost or upkeep
of luxury items or automatic payments towards holidays or similar outgoings which are in excess of
community norms.
21. The Chief Executive may take into account the applicant’s household financial position where that is
appropriate, for example where other members of the household are travelling with the applicant and/or
the household financial position most accurately reflects the applicant’s financial position.
Options for relief due to undue financial hardship
22. If the Chief Executive considers that the payment of charges would cause the person undue financial
hardship, the Chief Executive may:
(a) waive the payment of the charges in full; or
(b) waive the payment of the charges in part.
23. If the Chief Executive considers that the payment of charges would not cause the person undue financial
hardship, the Chief Executive may still consider whether to allow payments by instalment where the
charges would cause financial hardship (see below).
Options for relief due to financial hardship
24. If the Chief Executive considers that the payment of charges in one amount would cause a person
financial hardship, the Chief Executive may allow the person to pay the charges by specified instalments
over a specified period.
25. In considering whether to allow a person to pay the charges by instalments because financial hardship
would otherwise result, the Chief Executive will take into account the relevant factors set out in the
“Financial Hardship” section above. The consideration of financial hardship in this instance may (without
limitation) reflect a situation where a person is able to financially afford the fee, but is not be able to pay
the fees in one payment within 90 days.
Deferment of payment
26. The Chief Executive may agree to defer the time for payment if the Chief Executive considers that a
deferment is appropriate in the circumstances.
27. In considering whether to defer the time for payment the Chief Executive will take into account all
relevant information, including any relevant factors set out in the “Financial Hardship” section above.
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Combination
28. The Chief Executive may agree to a combination of part waivers, deferrals and payment by instalments,
as appropriate, if the relevant standard is met for each payment option.
Special Circumstances
29. The Chief Executive may also waive, in whole or in part, the payment of charges if she is satisfied that a
waiver is justified by special circumstances.
30. The Regulations set out three examples of special circumstances, however, “special circumstances” is not
defined in the Regulations. The Chief Executive has broad discretion to consider the range of special
circumstances that may justify a waiver. The Chief Executive will consider all applications under this
ground on a case by case basis, taking into account the particular circumstances of each application.
31. The following special circumstances may justify a waiver, without limitation:
where a person described in regulation 6(2)(a) has left New Zealand for the purposes of
accompanying back to New Zealand an excepted person who has a condition or disability that
means they are unable to travel alone;
where a person has travelled to visit a close relative who is seriously ill or dying or to attend a
funeral or tangihanga (whether in New Zealand or overseas)
where a person has travelled to New Zealand, or returned to New Zealand having travelled
overseas, for the purposes of obtaining medical treatment.
Accompanying a person
32. If an applicant has left New Zealand for the purposes of accompanying back to New Zealand an excepted
person (i.e. exempt or not liable for charges) and the excepted person has a condition or disability that
means they are unable to travel alone, the applicant will need to:
establish that they are a person described in regulation 6(2)(a)
establish that the person they are accompanying is an excepted person; and
provide evidence of the condition or disability. This evidence could include written information
from a treating medical practitioner/hospital.
33. If the applicant who is accompanying the person back to New Zealand is a family member (as defined in
the Regulations i.e. a spouse, partner, guardian or child younger than 18) of that person and sharing a
room in the MIQF, that person will be exempt from fees (reg 8(a)(i)). In this case an application for a
waiver is not required.
Travelling for medical treatment
34. If the applicant has travelled to New Zealand, or returned to New Zealand having travelled overseas, for
the purposes of obtaining medical treatment, the Chief Executive may consider:
(a) can the treatment reasonably be delayed, taking into account the medical, emotional, financial
and any other associated cost to the person?
(b) is the medical treatment elective or urgent?
(c) is it necessary to have the treatment in New Zealand or overseas (whichever is applicable)?
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(d) is the treatment available in New Zealand or the country they travelled from (whichever is
applicable)?
35. The applicant will need to provide evidence of the medical treatment. This could include written
information from a treating medical practitioner or hospital. If relevant, the applicant may need to
provide evidence that the medical treatment is not available in New Zealand, or the country they
travelled from (whichever is applicable).
36. Medical treatment is not defined in the Regulations. The Chief Executive may consider whether the
treatment or procedure proposed is medical treatment by considering all relevant factors including
whether a health practitioner4 (or the equivalent if the treatment is outside New Zealand) is providing
the treatment.
37. This waiver ground applies if the person is liable for a fee. Some people travelling for medical treatment
may be exempt from the fee if they are travelling under the MFAT Medical Treatment Scheme (reg 8(c))
or the MOH High Cost Treatment Pool scheme (reg 8(d)), or who has entered New Zealand for medical
treatment and is ordinarily resident in the Cook Islands, Niue or Tokelau (reg 8(e)).
Visiting seriously ill or dying close relative
38. Where a person has travelled to visit a seriously ill or dying close relative (whether in New Zealand or
overseas), we may consider whether this is the principal reason for their visit, and will consider whether
they are a close relative of the person who is seriously ill or dying.
39. “Close relative” is not defined in the Regulations, however, the bereavement leave provisions of the
Holidays Act 2003 provide a guide only for determining who is a close relative – spouse or partner, parent,
child, brother or sister, grandparent, grandchild, spouse’s or partner’s parent. Another relative who is
not listed here may still be considered a close relative in reg 10.
40. The applicant will be asked to provide written confirmation from a treating medical practitioner/hospital
or hospice that the close relative is “seriously ill or dying” (reg 10(2)(b)), or that the close relative has a
medical condition from which that can be inferred (e.g. terminal cancer). We do not require details of
the condition if the medical practitioner confirms that the person is “seriously ill” or “dying” (or similar
words with the same meaning). The written confirmation should clearly be from the medical practitioner
(e.g. on DHB/hospice/GP letterhead or from a DHB/hospice/GP email address).
41. We may require evidence of the close relationship between the applicant and the person being visited
(for example, birth certificates) and/or a statutory declaration confirming the relationship.
Attending a funeral or tangihanga
42. Where a person has travelled to attend a funeral or tangihanga (whether in New Zealand or overseas),
we may consider whether this is the principal reason for their visit.
43. The applicant has to provide evidence that the person has died, for example, a death notice in a
newspaper, a death certificate, or a letter from a funeral director. The applicant may have to provide
4 As defined in the Health Practitioners Competence Assurance Act 2003
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evidence that a funeral or tangihanga is taking place (e.g. a letter from a funeral director or marae, or
evidence arrangements have been made such as venue bookings).
Other special circumstances
44. The Chief Executive will consider all applications for a waiver on the basis of special circumstances, but
which do not fall into the examples given in reg 10(2) by considering all relevant factors including:
(a) whether it is similar to any of the examples in reg 10(2) (for example a memorial service which is
similar to a funeral/tangihanga); and/or
(b) whether there are compassionate grounds which constitute special circumstances.
45. The following factors may support an application for waiver on the basis of special circumstances
(without limitation):
the person is travelling to support or assist a close relative who is in need of care from the person
because of bereavement, their medical condition, age, and/or disability (or a combination of these
factors)
the person is travelling to visit a person who is seriously ill or dying but is not a close relative, in
circumstances which constitute special circumstances on compassionate grounds.
The following factors may not support an application for waiver on the basis of special circumstances
(without limitation):
the travel and/or the time of travel is discretionary (for example to attend a family celebration or
for a holiday or to visit family);
the reason for the travel is not time-sensitive and/or can be delayed until after the pandemic;
the reason for the travel can be fulfilled without attending in-person;
the person is employed outside New Zealand. It is expected that this will require travel to and from
New Zealand to fulfil obligations here (for example between work periods, and/or to visit close
relatives including elderly parents, and children who do not live with the person full time);
the travel was booked before MIQF charges were introduced;
the person is entering New Zealand on a border exception as a critical worker or critical health
worker. For these people, the employer has usually agreed to pay the charges. Where an
employer has not agreed to pay the charges or the person does not have an employer, the charges
may be considered a cost of immigrating, and the time of travel may be considered discretionary
the person is entering New Zealand on a temporary visa to join a family member. The charges may
be considered a cost of immigrating and, in the absence of any additional circumstances requiring
consideration on compassionate grounds, the time of travel may be considered discretionary.
Where waiver application includes tikanga Māori
46. Where appropriate, the Chief Executive will take account of tikanga Māori when considering applications
for waiver of charges.
47. If the Chief Executive considers expert advice about tikanga Māori is required to make a decision on an
application for waiver, the applicant will be asked to nominate an advisor they believe should provide
advice. If an applicant does not nominate an advisor, or additional information is required, the Chief
Executive may seek advice from an appropriate advisor.
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Where waiver application includes cultural or religious matters
48. Where appropriate, the Chief Executive will take account of cultural or religious matters when
considering applications for waiver of charges.
49. If the Chief Executive considers expert advice about a cultural or religious matter is required to make a
decision on an application for waiver, the applicant will be asked to nominate an advisor they believe
should provide advice. If an applicant does not nominate an advisor, or additional information is required,
the Chief Executive may seek advice from an appropriate advisor.
When charges may be refunded
50. In addition to waiving charges, the Chief Executive may refund, in whole or in part, charges paid by a
person where it is considered that a refund is appropriate in the circumstances. A refund or part refund
will generally be appropriate when payment has been made and:
(a) An invoice was issued in error or for the wrong amount;
(b) The person was exempt from, or not liable for, the fee but was not aware or did not notify MBIE
of their exempt/not liable status;
(c) The application for a waiver was approved after a payment was made; or
(d) Circumstances have changed and a person is now eligible for a waiver or is exempt.
Complaints about waiver applications
51. If a person is dissatisfied with the decision made about a waiver application, or an application to pay by
instalments or for deferment, the person may make a complaint to MBIE using the form available on the
MIQ website. The complaint will be considered in accordance with any guidelines for management of
complaints. If the person is still dissatisfied after the complaints process has been completed, the person
may make a complaint to the Ombudsman. There is no barrier to the person making a complaint to the
Ombudsman before they have made a complaint to MBIE.
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Version control
Version Author
Job Title
Date
Reviewed by
Comment
0.1
s 9(2)(g)(ii)
Escalation
12/11/2020 s 9(2)(g)(ii)
– MIQ Legal
Initial draft
Manager
MIQ Policy
Christina Sophocleous-Jones – GM
MIQ National Operations Services
1.0
s 9(2)(g)(ii)
Escalation
26/11/2020
Final for release
Manager
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