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
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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 except an ‘other critical worker’ entering New
Zealand on or after 1 January 2021.
When people can apply for a waiver
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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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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.
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 considering all relevant factors.  Whether financial hardship is “undue” may include
considering the person’s reason for travel (Reg 9(2)(e)).  The Chief Executive may also consider any other
relevant factors   and  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   not be able to pay
the charges in a single payment within by the due date set out in the invoice. 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.  An application for a waiver on
undue financial hardship grounds will only be granted where the Chief Executive considers that payment
of the charges would cause financial hardship AND that financial hardship is undue.
13. If payment of the charges would or may cause financial hardship (assessed in accordance with paragraphs
15 to 21), that financial hardship may not be considered undue if it arises where a person travels in the
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following situations (without limitation):
  the person is entering New Zealand on a border exception as a critical health worker or other critical
worker3.  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)
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  the  person  is  entering  New  Zealand  on  a  temporary  visa  (e.g.  to  join  a  family  member),  or  has
travelled  to  accompany  a  family  member/partner  back  to  New  Zealand.  The  charges  may  be
considered a cost of immigrating/visiting.

3 An other critical worker entering New Zealand from 1 January 2021 is not able to apply for a waiver (refer Regulations
9(3) and 10(3) of the Regulations.
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  the travel is for lifestyle, leisure, or celebratory reasons (e.g. sport, a holiday, returning from study
overseas or travelling to New Zealand to study, religious pilgrimage, voluntary work, retaining rights
to live in another country, or visiting family (including for the birth of  child), or attending a wedding
or other celebration)
  the time of travel    is not time sensitive and/or  could reasonably be delayed until after the pandemic
or until a relevant quarantine free travel zone is established
14. If  payment  of  the  charges  would  or  may  cause  financial  hardship,  that  financial  hardship  may  be
considered undue if it arises where a person travels in the following situations (without limitation):
  The person is travelling to retain a right to work (for example a visa) where losing employment would
result in more financial hardship.  We will require evidence that they are not able to apply in the country
they are living in.
  The person is returning to New Zealand to live where the person has unexpectedly lost employment due
to COVID-19 and does not have reasonable options for employment in the country where they have been
living
  The person is studying overseas and their learning institution closes unexpectedly due to COVID-19 and
they have no accommodation and no right to work in that country so return to New Zealand (but not
where they have travelled to study during the pandemic where the risks of closure were known)
   The person has significant health (including mental health) issues and there is evidence that travel to or
from New Zealand is required to alleviate their health issues and there is no reasonable alternative
  The person is travelling to support a close family member who is in need of care from the person because
of bereavement, medical condition, age and/or disability (or a combination of these factors)
  The person is travelling to leave a domestic violence situation, or to support a family member who is
leaving a domestic violence situation
  The person’s financial situation has unexpectedly and significantly worsened during or soon after their
travel (for example being made redundant or another unforeseen financial setback during their travel)
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Financial hardship
15. In considering whether to grant a person a waiver on the grounds of undue financial hardship, the Chief
Executive may take into account (without limitation) the following to determine if payment would cause
financial hardship:
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(a)  the person’s income:
(b)  the person’s current outgoings (for example, mortgage or loan repayments):
(c)  the person’s assets:
(d)  the person’s liabilities
(e)  the person’s reasons for travel.

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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.
18. The Chief Executive may, if she considers   it is appropriate, take into account a person’s minimum living
expenses, and may have regard to the actual or reasonable costs of living expenses in the person’s area4,
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;
19. 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   holidays or similar outgoings which are in excess of community norms.
20. The  Chief  Executive  may  also  take  into  account  assets  held  by  an  applicant  in  determining  financial
hardship,  whether  those  assets  are  cash  or  other  assets  (noting  that  for  applicants  under  65
Superannuation & Kiwisaver are not able to be accessed in usual circumstances).
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.
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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.
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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

4 IRD Household Expenditure Guide provides guidance for New Zealand household expenditure.
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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.
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:
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  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.
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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)
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  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)?
(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 to them 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 practitioner5 (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
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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
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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.

5 As defined in the Health Practitioners Competence Assurance Act 2003
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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
evidence that a funeral or tangihanga is taking or has taken place (e.g. a letter from a funeral director or
marae, or evidence arrangements have been made such as venue bookings) and that they are attending
or have attended the funeral or tangihanga.
  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 or unveiling  which is similar to a funeral/tangihanga, where
the person was unable to attend the funeral/tangihanga
  travelling with a person in need of assistance where reg 10(2)(a) is not met – in
this  case,  we  will  consider  the  reasons  for  travel  of  the  person  in  need  of
assistance.  For example, where a person who is not a New Zealand citizen or
permanent resident needed assistance travelling to visit New Zealand, it may
not justify a waiver if a family member then accompanies them home; and/or
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(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)
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  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 person is travelling to New Zealand to leave a domestic violence situation, or travelling to or
returning to New Zealand to support, or having supported, a family member to leave a domestic
violence situation.
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The following factors may not support an application for waiver on the basis of special circumstances
(without limitation):
  the travel   is for lifestyle, leisure, or celebratory reasons (e.g. sport, a holiday, returning from study
overseas  or  travelling  to  New  Zealand  to  study,  religious  pilgrimage,  voluntary  work,  retaining
rights to live in another country, or visiting family (including for the birth of  child), or attending a
wedding or other celebration) ;the time of travel is not time sensitive and/or  could reasonably be
delayed until after the pandemic or until a relevant quarantine free travel zone is established;
  the reason for the travel can be fulfilled without attending in-person;
  the person is employed outside New Zealand, and/or lives outside New Zealand and has family or
other  obligations  in 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 or Regulations were amended;
  the  travel  was  delayed  due  to  COVID-related  airline  disruption  until  after  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 ;
  the  person  is  entering  New  Zealand  on  a  temporary  visa  (e.g.to  join  a  family  member),  or  has
travelled  to  accompany  a  family  member/partner  back  to  New  Zealand.    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 a lifestyle choice.
  the person is entering New Zealand in transit to a third country where there are alternative routes
to  the  third  country  (e.g.  travelling  to  Australia  from  or  through  a  country  with  direct  flights  to
Australia)
  the person is travelling to maintain a visa or other immigration status.  This may be considered a
lifestyle  choice  if  the  person  has  citizenship  or  residence  of  another country  but  chooses  to  live
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and/or work in another country.
Where waiver application includes tikanga Māori
46. Where appropriate, the Chief Executive wil  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
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advice. If an applicant does not nominate an advisor, or additional information is required, the Chief
Executive may seek advice from an appropriate advisor.
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.
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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)  A person’s circumstances have changed and the 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)  – MBIE Legal
Initial draft
Manager
s 9(2)(g)(ii)  – 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
1.1
s 9(2)(g)(ii)
Principal
28/5/21
s 9(2)(g)(ii)  – MBIE Legal
Review
Advisor
s 9(2)(g)(ii) – Team Leader, MIQ
National Operations Services

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OFFICIAL INFORMATION ACT 1982
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