under the
Released
Official Information Act 1982
BRIEFING
Traffic Light Response Framework
Date:
14 October 2021
Priority:
Medium
Security
In Confidence
Tracking
2122-1360
classification:
number:
Purpose
Cabinet wil be considering a COVID-19 Traffic Light Response framework for a highly vaccinated
population to replace the current alert level framework on Monday 18 October. This paper sets out
MBIE’s suggested amendments to simplify the proposals for business.
Recommended actions
The Ministry of Business, Innovation and Employment recommends that you:
a
Note that the Traffic Light Response framework for a highly vaccinated New Zealand is being
finalised, and is likely to be discussed at Cabinet on 18 and/or 26 October.
Noted
b
Note MBIE suggests the following adjustments to the framework to simplify the rules for
business:
Draft proposal
MBIE suggestion
under the
Option to restrict boundary travel
Boundary travel restrictions should be based
on vaccination, rather than the current
permit ed categories system
Combination of number limits and CVC
Option for these business to be either CVC
requirements in customer facing/public
required; or to limit customers to meet social
spaces
distancing requirements
Various different rules across events,
Set consistent rules across dif erent public
retail and public facilities, hospitality and spaces for simplicity and to avoid definitional
gatherings
issues
Released
Noted
Official Information Act 1982
Dean Ford
Hon Stuart Nash
General Manager, Economic Development Minister for Economic and Regional
and Transitions
Development
Labour, Science and Enterprise, MBIE
….. / …... / …...
14 / 10 / 2021
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Background
1.
The Traffic Light Response framework is part of a set of new measures being considered for
a highly vaccinated, future New Zealand, which leans into the uptake of CVCs (Covid
Vaccination Certificates).
2.
Other measures also being considered alongside this framework include short stay MIQ, self-
isolation, RAT (Rapid Antigen Testing), and international reconnection measures.
3.
The draft Traffic Light Response framework is being finalised over the next week and a half,
with the Prime Minister proposing to return to Cabinet on 26 October to seek agreement to
the final proposal.
4.
This briefing provides you with an outline of the Traffic Light Response framework, and
MBIE’s suggested adjustments. MBIE has also provided this advice to DPMC. Our
suggestions are based on MBIE’s experience in implementing the rules for business under a
range of alert level settings.
The Traffic Light Response Framework
5.
MBIE has received an early draft of the Traffic Light Response framework. It features three
levels:
a.
Green (Prepare): a baseline level similar to pre-pandemic normal life, but with
widespread surveil ance testing;
b.
Amber (Control): an increased set of measures that we would rely on to control
under the
moderate spread, and;
c.
Red (Reduce): a stronger set of measures, pitched at about Level 2.5 of our present
framework, to more actively reduce transmission when necessary.
6.
As in previous COVID-19 control settings, these specific levels are also accompanied by
overarching rules that apply across all Traffic Light levels:
a.
Record keeping for contact tracing is mandatory for most businesses and services,
whether this is QR code scanning or signing into a register;
b.
Face coverings should be worn in public spaces (noting that this is only legally required
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at higher Traffic Light levels), and;
c.
CVCs are mandatory for workers who engage with groups with low vaccination rates
(such as teachers and health workers).
7.
Broad requirements for different set ings under the ‘colours’ of the Traffic Light Response
framework are set out below, subject to the overarching rules.
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Red
Amber
Green
Workplace
WFH is encouraged
BAU
BAU
Hospitality
CVC required
and
CVC required
or number
BAU
number limits
limits
Events
CVC required
and
CVC required
or number
BAU (CVCs for large
number limits
limits
events)
Gatherings
Strictly Limited
CVC required
or number
BAU (CVCs for large
limits
gatherings)
Public Facilities Number limits
Number limits
BAU
Retail
Number limits
Number limits
BAU
Regional Travel Possible Restrictions
BAU
BAU
8.
MBIE broadly supports the proposed Traffic Light Response framework, in particular the wide
use of CVCs. Many members of the business community have informed us that they support
mandatory CVCs for workers and customers.
9.
At this stage, employers can only require vaccination for work where this is authorised by a
COVID-19 Order or for health and safety reasons. In other circumstances, there is significant
uncertainty about whether it would be justifiable to require workers to be vaccinated to do
certain work under current legislative settings. Of icials are currently preparing advice on this.
Recommended adjustments to the Traffic Light Response
under the
framework
10. The following table sets out MBIE’s suggested adjustments (highlighted in green)
Red
Amber
Green
Workplace
WFH is encouraged
BAU
BAU
Hospitality
CVC required
or 2m CVC required
or 1m
BAU
distancing with
distancing
customers seated
Events
CVC required
or 2m CVC required
or 1m
BAU (CVCs for large
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distancing
distancing
events)
Gatherings
CVC required
or 2m CVC required
or 1m
BAU (CVCs for large
distancing
distancing
gatherings)
Public Facilities CVC required
or 2m CVC required
or 1m
BAU
distancing
distancing
Retail
CVC required
or 2m CVC required
or 1m
BAU
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distancing
distancing
Regional Travel CVC required
BAU
BAU
11. MBIE has run several test cases through an early draft of the framework, based on the pinch
points encountered during high alert levels in 2020 and 2021. For an outline of these test
cases, see
Annex 1. These highlight some of the challenges in having a variety of rules.
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Require CVCs for boundary travel at Red
12. MBIE recommends moving away from permitted categories for boundary travel under the
traffic light framework; and replace it with CVC requirements. This would mitigate the risk of
spread, and simplify boundary management. It is consistent with workplaces being open at
Red, and would also provide greater certainty for business that their staff wil be able to work
at all levels.
Replace hard number limits with distancing requirements
13. Requirements for 2m distancing at the Red level and 1m distancing at the Amber level,
rather than hard number limits, would help to:
a.
Ensure that the number of people is appropriate for the space (noting that this is
something that many businesses, particularly retail, have already been doing at higher
alert levels) and;
b.
Link Traffic Light requirements closely to the risk of COVID-19 transmission.
14. To support implementation, guidance wil be provided for businesses on how to calculate
capacity of their premises for meeting distancing requirements.
Standardise restrictions across gatherings, events, retail and public facilities
15. MBIE has found that business owners, the public, and even enforcement agencies can at
times find it dif icult to dif erentiate between gatherings, events, and hospitality in particular.
This makes it difficult to apply the right restrictions, can create uncertainty, and is at times
difficult to justify variations. For example, compare a conference, a wedding, and a fundraiser
at a theatre. Everyone who is there is known/can be traced, food and alcohol are served, the
under the
event happens within a single space for a lengthy period, and people mingle.
16. Standardising restrictions across settings wil avoid confusion, be practical to implement,
reduce the risk that people wil misinterpret restrictions, and is therefore also likely to
enhance social licence.
17. There are two cases where slight differentiation between settings may be useful:
a.
Additional restrictions for hospitality/licenced venues serving alcohol, such as requiring
seating, may be useful to help businesses enforce safe distancing, and;
b.
While we recommend that restrictions are standardised across gatherings where
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possible, we recognise that some variation may be necessary, given that restrictions at
social gatherings are slightly more difficult to enforce than in business settings.
Allow businesses and services to opt for CVCs or distancing at Red and Amber
18. By allowing businesses and services to choose between the CVCs or distancing, they can
more easily achieve public health outcomes in a way that best serves their customers.
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19. In some locations excluding unvaccinated people from e.g. community events or retail may
further disadvantage some vulnerable communities (and possibly result in
disenfranchisement and less vaccination).
Communications
20. MBIE is already in discussions with DPMC on communicating the traffic light framework once
it has been announced.
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21. There are some components of the framework we wil be working with DPMC on, in
particular:
a.
We recommend calling the rules that apply at all Traffic Light levels the ‘Golden Rules’,
given the success that has been seen with this term as a communications tool to date.
b.
Messaging for employers about only asking staff for actions that are within the rules,
including clarity on CVCs (and exemptions), and limiting boundary travel (the latter is
likely to be supported also by the recommendation to work from home at Red)
c.
Enhanced guidance for businesses on what constitutes a ‘defined space’, to support
the operation of different rules in dif erent spaces. As the delta variant is an aerosol,
some of the previous practices, such as low level partitions, are no longer sufficient.
Next steps
22. We suggest you raise these points at Cabinet on 18 October 2021, so that they can be
incorporated into the framework before the Prime Minister seeks agreement to the new
framework at Cabinet on 26 October.
Annexes
Annex 1: Test cases
under the
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Annex One: Test Cases
Below is a non-exhaustive list of scenarios estimated as likely to occur at some point during the implementation of the Traffic Light Response
framework, based on MBIE experiences during Alert Level Periods. The two columns detail how the framework would be applied under Red and/or
Amber levels.
As set out in current draft
With MBIE’s proposed adjustments
Wedding – a
The overarching rules apply to workers.
The Golden Rules apply to workers.
gathering
Red – Strictly limited numbers
The venue must ensure that all others attending are able to produce
Amber – CVC or limited numbers apply.
CVC, or social distancing (1m for Amber, 2m for Red) must be
maintained.
Tangi – a
The overarching rules apply to workers.
The Golden Rules apply to workers.
gathering
under the
Red – Strictly limited numbers
The venue must ensure that all others attending are able to produce
Amber – CVC or limited numbers apply.
CVC, or social distancing (1m for Amber, 2m for Red) must be
maintained.
Community
The overarching rules apply to workers.
The Golden Rules apply to workers.
events e.g. a Fun
run, A&P show,
Event: CVC and/or number limits apply.
The venue must ensure that all others attending are able to produce
church fundraiser Gathering: Red - Strictly limited; Amber - CVC or limited
CVC, or social distancing (1m for Amber, 2m for Red) must be
– an event or a
numbers apply
maintained.
gathering
Farmers’ Markets The overarching rules apply to workers.
The Golden Rules apply to workers.
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– retail or event
Retail: number limits apply; or
The venue must ensure that all others attending are able to produce
Event: CVC and/or number limits.
CVC, or social distancing (1m for Amber, 2m for Red) must be
maintained.
The overarching rules apply to workers (includes
The Golden Rules apply to workers (includes jockeys, trainers, etc).
jockeys, trainers, etc).
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Horse racing –
Event: CVC and/or number limits apply.
The venue must ensure that all others (spectators) attending are
event or
Workplace: BAU (can’t work from home)
able to produce CVC, or social distancing (1m for Amber, 2m for
workplace
Red) must be maintained
Pet grooming -
The overarching rules apply to groomers and other
The Golden Rules apply to groomers and other workers.
workplace
workers.
Pacific Festival –
The overarching rules apply to workers.
The Golden Rules apply to workers.
event or a
gathering
Event: CVC and/or number limits apply.
The venue must ensure that all others attending are able to produce
Gathering: Red - Strictly limited; Amber - CVC or limited
CVC, or social distancing (1m for Amber, 2m for Red) must be
numbers apply
maintained.
Delivery/courier
Delivery must follow the overarching rules.
Delivery must follow the Golden Rules.
services –
operates as a
workplace
under the
In-home services Operate under the overarching rules.
Operate under the Golden Rules.
– operates as a
workplace
In-business
Operate under the overarching rules.
Operate under the Golden Rules
services –
operates as a
workplace
Boat races, or
The overarching rules apply to workers.
The Golden Rules apply to workers.
other outdoor
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competitive
Event: CVC and/or number limits apply.
The event host must ensure that all those attending (spectators and
events – event or Gathering: Red - Strictly limited; Amber - CVC or limited
amateur participants) are able to produce CVC, or social distancing
a gathering
numbers apply
(1m for Amber, 2m for Red) must be maintained.
Close contact
The overarching rules apply to workers.
The Golden Rules apply to workers.
services– retail
Number limits are required.
Customers must produce CVC,
or social distancing (1m for Amber,
2m for Red) must be maintained. .
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under the
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