BRIEFING
Amendments to the COVID-19 Public Health Response (Isolation and
Quarantine) Order 2020 to give legal effect to the self-isolation pilot
Date:
14 October 2021
Priority:
High
Security
In Confidence
Tracking
2122-1338
classification:
number:
Action sought
Action sought
Deadline
Hon Chris Hipkins
Agree to the COVID-19 Public
17 October 2021
Minister for COVID-19
Health Response (Isolation and
Response
Quarantine) Amendment Order (No
3) 2021 to give legal effect to the
self-isolation pilot.
Contact for telephone discussion (if required)
Name
Position
Telephone
1st contact
General Manager, Self-Isolation
s 9(2)(a), s 9(2)
Christina Sophocleous-Jones
(g)(ii)
Pilot
The following departments/agencies have been consulted
Crown Law Office, Ministry of Health
Minister’s office to complete:
Approved
Declined
Noted
Needs change
Seen
Overtaken by Events
See Minister’s Notes
Withdrawn
Comments
BRIEFING
Amendments to the COVID-19 Public Health Response (Isolation and
Quarantine) Order 2020 to give legal effect to the self-isolation pilot
Date:
14 October 2021
Priority:
High
Security
In Confidence
Tracking
2122-1338
classification:
number:
Purpose
To seek your agreement to the COVID-19 Public Health Response (Isolation and Quarantine)
Amendment Order (No 3) 2021 to give legal effect to the self-isolation pilot.
Recommended action
The Ministry of Business, Innovation and Employment (MBIE) recommends that you:
a
Note that to amend a COVID-19 order you must have had regard to advice from the Director-
General about (i) the risks of the outbreak or spread of COVID-19, and (ii) the nature and
extent of measures that are appropriate to address those risks.
Noted
b
Note that to amend a COVID-19 order you must be satisfied that the order does not limit or is
a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990.
Noted
c
Note that to amend a COVID-19 order you must consult with the Prime Minister, Minister of
Health, and Minister of Justice.
Noted
d
Agree to the
COVID-19 Public Health Response (Isolation and Quarantine) Amendment
Order (No 3) 2021 to give legal effect to the self-isolation pilot.
Agree / Disagree
Christina Sophocleous-Jones
Hon Chris Hipkins
General Manager, Self-Isolation Pilot
Minister for COVID-19 Response
Managed Isolation and Quarantine, MBIE
14 / 10 / 2021
..... / ...... / ......
14 10 2021
2122-1338
In Confidence
1
Backg
round
1.
On 27 September, Cabinet agreed to the design parameters of the self-isolation pilot [CAB-
21-MIN-0386 refers]. Cabinet was advised that amendments to the COVID-19 Public Health
Response (Isolation and Quarantine) Order 2020 (‘the Order’) would be necessary to give
legal effect to the self-isolation pilot.
2.
This briefing seeks your agreement to the COVID-19 Public Health Response (Isolation and
Quarantine) Amendment Order (No 3) 2021 (‘the Amendment Order’) for such purpose.
COVID-19 Public Health Response (Isolation and Quarantine)
Amendment Order (No 3) 2021
3.
The Amendment Order adds a new Part, which is specific to the self-isolation pilot, to the
Order. By way of overview, this Part:
a.
Requires participants to:
i.
Comply with requirements set out in this Part, and any conditions of the self-
isolation pilot (eg that a $1000 fee be paid)
ii.
Remain at their place of self-isolation for 14 days unless permitted or required to
leave in a very limited set of circumstances
iii.
Physically distance and use PPE in specific circumstances
iv.
Not permit anyone to enter their place of self-isolation, except in very limited
circumstances, and subject to certain conditions
v.
Report for and undergo medical examination and testing for COVID-19
vi.
Comply with monitoring requirements
vii.
Display a notice provided by MBIE at every entry point to their place of self-
isolation
viii. Exercise (while wearing a face covering) only within the boundary of their place of
self-isolation, and where any outside area is used by no one other than those
permitted to enter the place of self-isolation
b.
Provides for a person to enter managed isolation or quarantine if they breach the
requirements or conditions of the pilot, or test positive for COVID-19
c.
Requires that a person not enter a participant’s place of self-isolation unless otherwise
permitted
d.
Requires employers of participants to take all reasonable steps to ensure participants
comply with the requirements of the pilot
e.
Makes breaching a requirement or condition (by an employer, participant, or a person
not permitted to enter a place of self-isolation) a breach of the Order.
4.
The only design matter on which a decision was not expressly sought from Cabinet, but
which is included in this Part, is that participants must display notices that make clear their
location is a place of self-isolation. Officials have determined that this requirement is
necessary to give effect to Cabinet’s decision that it be an offence for a person to enter a
participant’s place of self-isolation, unless otherwise permitted [CAB-21-MIN-0386 refers].
2122-1338
In Confidence
2
5.
No consequential amendments to the COVID-19 Public Health Response (Air Border) Order
2020 are required at this time. Participants will be manually issued an offline Managed
Isolation Allocation System voucher to be compliant with the requirement to have evidence of
a confirmed allocation.
Public health justification
6.
Under the COVID-19 Public Health Response Act 2020, to make a COVID-19 order you
must have had regard to advice from the Director-General about (i) the risks of the outbreak
or spread of COVID-19, and (ii) the nature and extent of measures that are appropriate to
address those risks.
7.
Cabinet noted that the self-isolation pilot will increase the risk of introducing COVID-19 into
the community, compared to the risk associated with participants entering Managed Isolation
and Quarantine [CAB-21-MIN-0386 refers]. Cabinet also noted that, given the inherent risk
associated with running a pilot of this nature, the design parameters of the pilot may be more
restrictive than those used for a wider scale roll-out of self-isolation.
Consistency with the Bill of Rights Act 1990
8.
Under the COVID-19 Public Health Response Act 2020, to make a COVID-19 order you
must be satisfied that the order does not limit or is a justified limit on the rights and freedoms
in the New Zealand Bill of Rights Act 1990.
s 9(2)(h)
9.
10.
11.
12.
Ministerial consultation
13. Under the COVID-19 Public Health Response Act 2020, to make a COVID-19 order, you
must consult with the Prime Minister, the Minister of Justice and the Minister of Health.
14. These Ministers were consulted on the design parameters of the self-isolation pilot – to which
Cabinet agreed, and the Amendment Order gives legal effect.
Next steps
15. If you agree to the Amendment Order, it will come into effect 48 hours after it has been
notified in the New Zealand Gazette.
16. In the week of 18 October, we will provide you with final operational plans for the self-
isolation pilot for your approval. These plans will detail the end-to-end participant journey,
2122-1338
In Confidence
3
including details of the testing regime agreed with MOH, monitoring technology, and the
evaluation approach.
Annexes
Annex One: COVID-19 Public Health Response (Isolation and Quarantine) Amendment Order (No
3) 2021
2122-1338
In Confidence
4
Annex One: COVID-19 Public Health Response (Isolation and Quarantine)
Amendment Order (No 3) 2020
Attached for signature.
2122-1338
In Confidence
5