4474881 OIA261 release document NZCCL Part1.pdf

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CAB-21-MIN-0315
Cabinet
Minute of Decision
This document contains information for the New Zealand Cabinet. It must be treated in confidence and
handled in accordance with any security classification, or other endorsement. The information can only be
released, including under the Official Information Act 1982, by persons with the appropriate authority.
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Mandatory Face Coverings and Record Keeping for Contact Tracing
Purposes
Act
Portfolio
COVID-19 Response
On 16 August 2021, following reference from the Cabinet Social Wellbeing Committee, Cabinet:
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noted that in light of the increasing prevalence of more transmissible COVID-19 variants
such as Delta, strengthening COVID-19 protections is desirable;
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noted that in February 2021, Cabinet agreed to the requirement for face coverings on public
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transport at Alert Level 1 to be continued (with some exceptions), and noted that the
Minister for COVID-19 Response would report back to Cabinet with further advice on the
issues concerning the options for improving record keeping and use of the COVID Tracer
App for contact tracing purposes [CAB-21-MIN-0031];
Face coverings
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Record keeping for contact tracing purposes
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noted that good record keeping supports efficient contact tracing in response to a COVID-
19 outbreak, however, low usage of the COVID Tracer App slows down notification of
contacts when community transmission appears to be present;
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CAB-21-MIN-0315
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agreed that an appropriate public health measure would be that record keeping for contact
tracing purposes be made compulsory in New Zealand at all Alert Levels through an
amendment to the current Alert Level Order at:
13.1
courts and tribunals, social service customer offices, indoor public facilities (e.g.
libraries, museums and swimming pools), indoor event facilities (e.g. cinemas,
theatres, concert venues and casinos) and aged care and health facilities (for visitors
only);
13.2
exercise facilities, massage parlours, beauticians, barbers, hairdressers, and
hospitality venues (e.g. cafes, restaurants, bars and nightclubs) (for customers);  1982
13.3
social gatherings including those held at marae, weddings, funerals, faith-based
services, except where held at private residences;
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agreed that the obligation will be borne by the person responsible for the place or gathering
who will have to take steps to have systems and processes in place to ensure, so far as is
reasonably practicable, that people scan the QR code for the place or gathering or provide
details in a contact tracing record;
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agreed that public transport operators (and operators of associated facilities like terminals)
will be exempt from these new record keeping requirements;
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noted that the Director-General of Health acknowledges that introducing a record keeping
mandate for certain close-confined business settings may bring overall benefits for the
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contact tracing system while limiting some of the issues and unintended consequences that
may result from a mandate;
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agreed that enforcement options to address non-compliance with the new requirements set
out in paragraph 13 above be limited to the criminal offence (not infringement offence)
provided in section 26 of the COVID-19 Public Health Response Act 2020;
Official
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noted that guidance which draws on feedback received from stakeholders and agencies will
be made available on the Unite Against COVID-19 website to support businesses’
compliance;
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noted that the Office of the Privacy Commissioner believes there remain significant issues
associated with enforcement of the proposed record keeping requirements that have not been
addressed and have potential to negatively impact people’s privacy;
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noted that for the proposed record keeping requirements, WorkSafe and Police’s
enforcement role under the COVID-19 regime will only be able to be delivered on a
reactive, complaints-driven basis.
Released
Michael Webster
Secretary of the Cabinet
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