H2025069411 Response.pdf

133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000

4 August 2025

Erika Whittome

By email:  [FYI request #31478 email]
Ref:
H2025069411

Tēnā koe Erika

Response to your request for official information

Thank you for your request under the Official Information Act 1982 (the Act) to the Ministry of
Health – Manatū Hauora (the Ministry) on 3 July 2025 for information regarding COVID-19
vaccine exemptions. You requested:

“The MoH page referred to in my email says :
"How an exemption is granted
Workers may be exempt from the requirement to be vaccinated if, after
examination:

suitably qualified health practitioner considers that the vaccination is
clinically contradicted for the person, and
suitably qualified health practitioner provides written confirmation of
that assessment.

When you can apply for an exemption
The exemption process comes into force on 15 November 2021."

Would you kindly share all the information on this process as it was in
October 2021? According to this web page, the MoH says the exemptions process
comes into force on 15 November. I am requesting all the information on this
process for exemptions at this time in 2021 especially before 7 November 2021,
and what processes were starting 15 November 2021.”

As outlined in the document you have provided, prior to the Government introducing the new
vaccination requirement exemption process on 7 November 2021, exemptions were available to
individuals that were required to be vaccinated in the workplace. The original process allowed
workers to be exempt from the requirement to be vaccinated if, after examination:
•  a suitably qualified health practitioner considers that the vaccination is clinically
contradicted for the person; and
•  a suitably qualified health practitioner provides written confirmation of that assessment.

When workplace vaccination requirements first came into effect in early 2021, they applied only
to a very narrow range of occupations, such as border workers who were at a much greater risk
of being exposed to the virus. In October 2021, the Government decided to broaden workplace
vaccination requirements to other roles, such as health and disability, and education workers.
The first groups impacted by the broadened requirements were required to be vaccinated by
15 November 2021. The reference to the exemption process coming into force on 15 November
2021 reflects that, for the vast majority of individuals impacted, occupational vaccination
requirements did not come into effect until this time.

The Ministry has identified two documents within the scope of your request, Guidance for health
workers and PCBUs (businesses) on the health and disability vaccination order and Guidance
for workers and PCBUs on the Border Order vaccination order. These documents detail the
exemption process as it was in October 2021, prior to the centralised exemption process
coming into effect. Copies of these documents have been released to you in full and have been
enclosed.

I trust this information fulfils your request. If you wish to discuss any aspect of your request with
us, including this decision, please feel free to contact the OIA Services Team on:
[email address].

Under section 28(3) of the Act, you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602.

Please note that this response, with your personal details removed, may be published on the
Ministry website at: www.health.govt.nz/about-ministry/information-releases/responses-official-
information-act-requests.

Nāku noa, nā

Jane Chambers
Group Manager, Public Health Policy and Regulation
Public Health Agency | Te Pou Hauora Tūmatanui

Page 2 of 2

Document 1
Border Worker
Vaccinations Order 1982
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Guidance document for PCBUs
and workers
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INFORMATION
RELEASED
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Document 1
Summary of Changes
Version
Date
Section/
Summary of Changes
Appendix
0.1
30 May 2021

Initial guidance document created.
0.2
07 July 2021

Minor updates to guidance document.
0.3
14 July 2021

Detail regarding amendment to Vaccinations Order updated.
1.0
7 September

Revise and expand the guidance document to ensure it is
2021
consistent with and complementary to the Ministry’s Guidance
Manual for Testing Border Workers.
2.0
17

Revisions to description of maritime pilots and stevedores, updates
September
to specific guidance on application of the Vaccinations Order in the
2021
Maritime border context
2.1
21
Sections
Minor updates clarifying notification of approvals for use of
September
1.1 & 3.3
specific vaccines and prioritisation for household contacts of
2021
border workers
3.0
29
Sections
Clarification to definition of aircrew, affected persons, handling
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September
2.2.1, 2.4
affected items and when an affected item ceases to be an affected
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and
item.
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Appendix 2

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Document Approval
Group Manager COVID-19 Testing and Supply
Operations
Darryl Carpenter
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Date
17 September 2021

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link to page 6 Document 1
1. Introduction
1.1 Background
The New Zealand Government has responded to the global COVID-19 pandemic with a range of public health
initiatives. The Government's overall public health strategy to address the COVID-19 pandemic is elimination.
That is, to apply a range of control measures in order to stop the transmission of COVID-19 in Aotearoa New
Zealand. Elimination does not mean eradicating the virus permanently from New Zealand. It means being
confident we have eliminated chains of transmission in our community for at least 28 days and can effectively
contain any future cases imported from overseas.
The Government’s goal is to get everyone in Aotearoa New Zealand aged 12 and over vaccinated against
COVID-19. The COVID-19 vaccination is free – it doesn’t matter what your visa or citizenship status is. The
vaccine currently (as at 29 September 2021) approved for use by the Vaccinations Order is the
Pfizer/BioNTech COVID-19 Vaccine. Recognizing that some people are at higher risk of coming into contact
with the virus or, because of their age or health status, are more likely to experience poorer outcomes if they
do fall ill with COVID-19, the vaccine is being progressively rol ed out to people, depending on which one of
four groups they are in, as follows:
Groups
Details
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Group One
Group 1 includes people working at the border or in MIQ, and the people they live
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with (household contacts).
Border workers undertaking certain work at MIQ facilities, ports and airports who
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are at the greatest risk of exposure to COVID-19 must get vaccinated.
Group Two
High-risk frontline health workers and their household contacts, and people living

in high-risk places1
Also includes frontline staff who interact with customers, and provide transport
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and logistic services directly supporting the vaccination programme.
Group Three
People aged 65 and over, and those at risk of getting very sick from COVID-19.
Group Four
Everyone else aged 12 or over, with vaccinations to be given to people in five-year
age bands in descending order of age
Table 1: Summary of COVID-19 vaccine rol out groups
A person needs to receive two doses of the vaccine to be considered ful y vaccinated. The standard time for a
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second dose is now six weeks after the first dose. However, workers in high-risk settings such as at the border
are advised to have their vaccine doses three weeks apart. Workers performing certain work under the
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Vaccinations Order must be vaccinated and must have their two vaccine doses no more than 35 days apart.
This requirement ensures they are protected by full vaccination before or as soon as possible after starting
work where vaccination is required.
1.2 Legislative context
On 1 May 2021, the COVID-19 Public Health Response (Vaccinations) Order 2021 (VO) made it a requirement
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for a narrow group of border workers and Government officials working at the border or an MIQ facility to be
vaccinated against COVID-19.
On 14 July 2021, fol owing an amendment to the VO, the requirement to be vaccinated against COVID-19 was
broadened to most border workers (affected airports and ports).

1 The Government is expanding the list of essential workers who can get early access to a COVID-19 vaccination. These
people wil be included in Group 2. Group 2 wil now also include frontline staff who interact with customers and
transport and logistic services directly supporting the vaccination programme.
4

Document 1
The VO is a legally binding health instruction which requires certain groups of border workers to be
vaccinated in order to undertake ‘certain work’.
1.3 Purpose
This guidance document is designed primarily for Persons Conducting a Business or Undertaking (PCBUs) that
employ workers who undertake certain work at the border.
This document outlines:
•  the purpose and scope of the COVID-19 Public Health Response (Vaccinations) Order 2021 (VO)
o  the timeframes and transitional arrangements under the VO
o  the responsibilities of PCBUs under the VO, including assessing whether a worker is an
‘affected worker’
•  the responsibilities of PCBUs in relation to the Border Working Testing Register (BWTR)
o  how a PCBU registers on the BWTR
o  how a PCBU adds or amends employee details, and checks vaccination status on the BWTR
o  how information on the BWTR is shared with DHBs
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o  how PCBUs can seek further information or advice
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•  the process for how workers (and their whānau) can access priority appointments to get vaccinated
and how to raise issues with getting a booking, and
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•  implications for PCBUs not meeting their responsibilities under the VO.
This document may also be used by border agencies and other organisations involved in COVID-19 testing and
vaccination, or as part of ensuring monitoring and compliance.
A considerable amount of information has already been provided to the sectors, and this document aims to
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consolidate and make it easy to find and understand. There may therefore be links to publicly available
information, a consolidation of information you have already received, and new information.
This Guidance Manual is a living document. Updates and changes wil  be made and released as required.
This document does not provide guidance for PCBUs and border agencies regarding border worker testing or
the testing requirements specified by the Required Testing Order. For guidance on this, please refer to the
MoH’s Guidance Manual for Testing Border Workers.

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link to page 8 link to page 8 link to page 8 link to page 8 Document 1
2. Vaccination of affected persons undertaking certain work at the border
2.1 Timeframes for compliance with the VO including transitional arrangements
The table below summarises the timeframes that various categories of workers under the VO must meet2.
The VO refers to those categories as3:
•  Affected persons who are service workers. Broadly speaking these comprise persons who carry out
work for or on behalf of the State Services or the Defence Force.
•  Affected persons who are not service workers. Broadly speaking these predominantly comprise
privately employed workers
The VO outlines differing transitional arrangements for these two categories of workers as detailed below.
Who
1st dose
2nd dose4
State Services or Defence Force
Their first injection of the
Their second injection of the
workers – existing or new
Pfizer/BioNTech COVID-19 vaccine  Pfizer/BioNTech COVID-19 vaccine
workers who start before 26
before the close of 26 August
no later than 35 days after the
August (also known government  2021
first injection.
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workers)

Other workers - existing or new
Their first injection of the
Their second injection of the
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workers who start before 30
Pfizer/BioNTech COVID-19 vaccine  Pfizer/BioNTech COVID-19 vaccine
September (also known as
before the close of 30 September  no later than 35 days after the
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privately employed workers)
2021
first injection
State Services or Defence Force
Their first injection of the Pfizer/BioNTech COVID-19 vaccine before
workers who start work after 26  they start work and second injection no later than 35 days after the first
August
injection
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Other workers who start after 30  Their first injection of the Pfizer/BioNTech COVID-19 vaccine before
September
they start work, and second injection no later than 35 days after the
first injection5
Table 2: Timeframes for compliance with the VO
Any border worker who does not comply with any of the above vaccination deadlines must not work in a role
which requires them to be vaccinated under Schedule 2 of the VO (as set out in Table 2 above) until they are
compliant. Note, to better protect their own families’ health, MoH strongly recommends that borders workers
get fully vaccinated as soon as possible rather than wait until the applicable deadlines are near.
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2 Part 2, Sections 3 and 4 of the VO 2021
3 See Appendix 3
4 Note while it is currently (12 August) recommended that there is an interval of at least 6 weeks between receiving the
first and second doses of the vaccine, the VO al ows a maximum of 35 days between doses. To prevent COVID-19 coming
into our communities, we must continuously strengthen our border by protecting al  the people who work there. Border
workers and MIQ workers must receive their second dose no later than 35 days after their first injection. They need to
be ful y vaccinated sooner because they are at the greater risk of exposure to COVID-19
5 New and returning border workers can commence employment once they have had their first vaccination. Their first
vaccination wil  be loaded into the COVID-19 Immunisation Register (CIR) and uploaded into the BWTR.
6

link to page 28 link to page 26 Document 1
2.2 Scope of the Vaccinations Order
The Government has prioritised border workers and their household contacts as the first group to be vaccinated. It is important that we continue to prioritise vaccinations
for this group as we move to progressively vaccinate the rest of Aotearoa New Zealand (Groups Two to Four).
The groups of affected persons (border workers undertaking certain work) who are required to be vaccinated under the VO are set out in Table 3 below.
2.2.1 Affected persons
Under the VO, an affected person means a person who belongs to a group (or whose work would cause them to belong to a group, as set out in Schedule 2 of the VO and
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further explained in Table 3 below).
An affected person therefore includes workers across the groups listed below where it is anticipated that the person may in future be required to undertake duties that put
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them at risk of contracting COVD-19, even though they may not be currently undertaking such work, for example employees of a company contracted to provide regular
services to support work at the border (e.g. laundry, cleaning, disposal of refuse etc)
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Further guidance on assessing ‘affected persons’ and the considerations that PCBUs need to take into account for each group can be found in Appendix 3
Glossary of terms used below can be found in Appendix 2
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Border worker
Details
Further explanation/examples
group
Part 1 Groups in
1.1 Workers at managed quarantine facilities
Covers a range of work within roles at facilities, such as health care workers who undertake
relation to managed
required COVID-19 testing and medical examinations, and security guards. The size of each
quarantine facilities
facility team depends on facility capacity and extra support required, for example, there are
more health workers at a quarantine facility than a managed isolation facility.
1.2 Workers who transport to or from managed
Covers work within roles that solely involve the transport of persons to and from managed
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quarantine facilities persons required to be in
quarantine facilities who must undergo quarantine. Workers in publicly accessible transport
isolation or quarantine under a COVID-19 order
are not covered, for example, people who drive regular public bus routes.
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Part 2 Groups in
2.1 Workers at managed isolation facilities
Covers a range of work within roles at facilities, such as health care workers who undertake
relation to managed
required COVID-19 testing and medical examinations, and security guards. The size of each
isolation facilities
facility team depends on facility capacity and extra support required, for example, there are
more health workers at a quarantine facility than a managed isolation facility.
2.2 Workers who transport to or from managed
Covers work within roles that solely involve the transport of persons to and from managed
isolation facilities persons required to be in
isolation facilities who must undergo isolation. Workers in publicly accessible transport are
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isolation or quarantine under a COVID-19 order
not covered, for example, people who drive regular public bus routes.
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link to page 14 Document 1
Border worker
Details
Further explanation/examples
group
Part 3 Groups in
3.1 All airside workers (other than excluded airport  Airside is any part of an affected airport that is accessible to international travellers arriving
relation to affected
persons)
or transiting through New Zealand and is controlled by Customs and the Aviation Security
airports
Service. It is an area not accessible to the general public. The types of roles which involve
work likely to be covered are Civil Aviation Authority of New Zealand staff (including the
Aviation Security Service), cleaning and airline gate staff who work in the airside areas for
non-quarantine free travel (QFT) international arrivals. Workers in these types of roles are
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not covered if they:
•  only interact with international departing passengers (other than international transiting
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passengers); or
•  only work in areas that are inaccessible to international arriving or international
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transiting passengers, and do not interact with international arriving or international
transiting passengers on the landside.
3.2 All landside workers who interact with
Landside is any part of the airport that is not airside. Some examples of workers covered are
international arriving or international transiting
Civil Aviation Authority of New Zealand staff (including the Aviation Security Service) and
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passengers (other than those arriving on QFT
duty-free workers who are likely to interact with international passengers who arrive or
flights)
transit through New Zealand on non-quarantine free flights. However, a retail worker, for
example, in the landside area of the airport who does not interact with these passengers is
not covered.
3.3 Baggage handlers who work at affected
Only baggage handlers who work at international airports and remove or handle baggage
airports and who handle baggage from affected
from a non-QFT aircraft.
aircraft
3.4 Persons (other than excluded airport persons)
Covers workers who enter enclosed spaces on board an aircraft that has arrived from a non-
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who enter enclosed space on board affected
QFT destination. Some examples include aircraft cleaners, caterers or mechanics who board
aircraft
an aircraft to carry out their duties.
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Part 4 Groups in
4.1 Al  workers (other than excluded port persons)  .
relation to affected
who board affected ships
Examples of workers who board ships include ship agents and service people:
ports
•  Ship agents act as an intermediary on behalf of ship owners, conducting various duties
See specific guidance
while the ship is moored in the New Zealand port. The agent may board a ship and/or
in Section 2.3.1 )
remove items when carrying out day-to-day operational duties, such as managing the
supply of fuel, provisions and staff)
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link to page 17 Document 1
Border worker
Details
Further explanation/examples
group

•  Service people (a range of technicians) may board ships for maintenance and repair
work which may involve the removal of items (e.g. part of a pipe) for repair offsite.
Note, the groups of workers included in Item 4.1 do not include any person who is in
isolation or quarantine on a ship under a COVID-19 order.
4.2 Pilots (other than excluded port persons)
Maritime pilots means any person not being the master or a member of the crew of the ship
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carrying out work on or around affected ships
who has the conduct of [the navigation of] the ship.

4.3 Stevedores (other than excluded port persons)  Only stevedores (a person employed at a dock to load and unload ships) who work at a port
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carrying out work on or around affected ships
that receives vessels arriving from an international location outside New Zealand. This does
not include people who work exclusively around a ship AND are within a confined
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environment, such as a straddle cabin, crane cabin, truck/tractor unit, loader or other heavy
machinery, or a building. In this context a worker is not required to be vaccinated because
they are in a confined space with reduced atmospheric exposure and therefore at a
significantly lower risk of being exposed to or transmitting the COVID-19 virus.
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NOTE, if a stevedore also occasionally works or is anticipated to work on or around a ship,
which is not undertaken in a confined environment, then they are captured by the VO.
4.4 All workers who transport persons (other than  Covers work within roles that solely involve the transport of persons to and from an affected
crew) to or from affected ships
ship. Publicly accessible transport workers are not covered, for example, people who drive
regular public bus routes.
4.5 Al  other port workers (other than excluded
Covers a range of work at a port which does not necessarily involve boarding a ship. Workers
port persons) who interact with persons required
who are in isolation or quarantine on a ship under a COVID-19 order are not covered. Some
to be in isolation or quarantine under a COVID-19
Maritime New Zealand staff would be covered.
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Order
Part 5 Groups in
5.1 Aircrew members
Covers aircrew members who meet particular requirements. This includes cabin crew for
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relation to aircraft
managed quarantine and isolation domestic and non-QFT international flights (see specific
guidance in section 2.3.2), as well as other crew flying internationally on non-QFT flights (e.g.
crew working in the cockpit) including aircrew working on freight (as opposed to passenger)
aircraft
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link to page 12 Document 1
Border worker
Details
Further explanation/examples
group
5.2 Workers at accommodation services (other
Covers a range of work within roles at facilities, such as accommodation staff and security
than private dwellinghouses) where relevant
guards. Facilities that provide these isolation services include ‘the M Social’ (Auckland).
aircrew members are self-isolating
Part 6 Groups in
6.1 Workers who handle affected items within 72
Covers a range of work within roles for people who routinely provide services that involve:
relation to affected
hours of removal of items from managed
the removal of items6 from managed quarantine facilities; and interaction with affected
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items
quarantine facilities and who have contact with
persons from managed quarantine or isolation facilities. Workers who do not interact with
MIQ workers or transport workers while both are
managed quarantine or isolation workers are not covered, for example, workers who only
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working*
pick up laundry without having contact with other workers at the location of pick up.
* Note, “while both are working” includes meal breaks if the meal break occurs in a work
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setting.
6.2 Workers who handle affected items within 72
Covers a range of work within roles for people who routinely provide services that involve:
hours of removal of items from managed isolation the removal of items from managed isolation facilities; and interaction with affected persons
facilities and who have contact with MIQ workers
from managed quarantine or isolation facilities. Workers who do not interact with managed
or transport workers while both are working*
quarantine or isolation workers are not covered, for example, workers who only pick up
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laundry without having contact with other workers at the location of pick up.
* Note, “while both are working” includes meal breaks if the meal break occurs in a work
setting.
6.3 Workers who handle affected items within 24
Covers a range of work for people who routinely provide services that involve: the removal
hours of removal of items from affected aircraft
of items from aircraft arriving from outside of New Zealand (except for aircraft undertaking
and who have contact with airport workers or
QFT flights); and interact with affected persons who work at or close to affected airports or
aircrew while both are working*
aircraft.
For example, a servicing technician who has handled life jackets removed from an
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international aircraft and had contact with another air border worker who is also required to
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be vaccinated to undertake their work. Meeting both criteria is the necessary trigger (i.e.
have contact with affected persons and handle an affected item.)
* Note, “while both are working” includes meal breaks if the meal break occurs in a work
setting.

6 “Affected items” can range from: machinery or equipment, or parts, removed for repair or service, firefighting and lifesaving equipment removed for repair or service, laundry; garbage or
garbage containers, including expired medical stores for disposal. Note, an item which is an affected item because it has been removed from an MIQ facility, affected ship or affected aircraft,
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wil remain an affected item until 72 hours after its removal from an MIQ facility or affected ship, or until 24 hours after its removal from an affected aircraft
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link to page 13 Document 1
Border worker
Details
Further explanation/examples
group
6.4 Workers who handle affected items within 72
Covers a range of work within roles for people who routinely provide services that involve:
hours of removal of items from affected ships and
the removal of items from ships arriving from outside of New Zealand; and interact with
who have contact with port workers while both are affected persons who work at or close to affected ports, while both are working.
working*
* Note, “while both are working” includes meal breaks if the meal break occurs in a work
setting.
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Table 3: Groups of border workers who must be vaccinated under the VO7
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7 As per schedule 2 of the Vaccinations Order 2021
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link to page 28 2.3 Specific guidance on application of the Vaccinati
Document 1 ons Order in the Maritime border context
The policy intent of the Vaccinations Order (VO) is to prevent, and limit the risk of, the outbreak or spread of
COVID-19 by requiring certain work in high-risk settings to be carried out by workers who are vaccinated.
As noted above, the VO applies to roles where it is anticipated that the person may in future be required to
undertake duties that put them at risk, even though they may not be currently undertaking such work.
Further guidance on assessing scope of workers affected by the VO can be found in Appendix 3
2.3.1 Circumstances in which port workers are required to be vaccinated
There are two key pathways in which workers in port settings are required to be vaccinated under the VO:
1.  They belong to a group of workers outlined in in schedule 2 of the VO (see Table 3 above)
•  Al  persons who board ships
•  Pilots carrying out work on or around affected ships
•  Stevedores carrying out work on or around affected ships
•  Al  persons who transport persons (other than crew) to or from affected ships
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•  All other port workers who interact with persons required to be in isolation or quarantine under a
COVID-19 order
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OR
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2.  They work at a place where they will/do handle items that were removed from an affected ship, and
answer YES to all the conditions relating to handling affected items below:
A.  The worker has/will handle affected items apart from cargo or freight that has been removed for
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cleaning disposal or re-use from an affected ship AND
B.  The worker has/will handle affected items within 72 hours of their removal from the affected ship
AND
C.  The worker has/will spend 15 minutes or more either in a face to face setting (within 2 metres),
OR in a confined space (within 2 metres) with someone who is required to be vaccinated because
they belong to a group of workers outlined above (e.g boards an affected ship, is a stevedore
carrying out work on or around an affected ship).
A worker is not required to be vaccinated where they answer NO to one of more of the conditions.
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2.3.2 What are affected items in a port setting?
An affected item is an item that is not cargo or freight, and has been removed from an affected ship for
cleaning, disposal and/or re-use.
In the maritime context, affected items might include (not an exhaustive list):
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•  Machinery or equipment, or parts, removed from an affected ship for repair or service
•  Firefighting and lifesaving equipment removed from an affected ship for repair or service
•  Laundry, removed from an affected ship, (noting laundry would usual y be done on board)
•  Garbage or garbage containers, including expired medical stores, removed from an affected ship for
disposal.
•  Items that originate from an affected ship rather than the dock, for example mooring lines, tug (tow)
lines, reefer cables, heaving lines
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As noted above handling affected items on their own does not trigger a requirement to be vaccinated
2.3.3 Detailed examples of the circumstances in which workers are required to vaccinated
Example 1 – Workers who board ships
A port worker boards a ship to remove safety equipment from a ship that has arrived at a port from
overseas port. The ship’s agent requires a routine maintenance check on some of the ship’s safety
equipment to be done offsite by a local marine equipment servicing technician. The day after removing the
safety equipment, the port worker transports the safety equipment to the workshop in town. The port
worker has a conversation with the servicing technician in close proximity (within 2 metres) for more than
15 minutes. They discuss the details of equipment and what needs to be covered by the maintenance
check, dealing with paperwork and arranging to col ect equipment on completion of the work to return it to
the ship for re-use. While in the workshop another technician in the workshop assists the first technician to
check and repair the safety equipment. This second technician handle the equipment within 72 hours of its
removal from an affected ship. The second technician has had contact with the first technician.
In this example who is required to be vaccinated and why
The safety equipment is an affected item because it is being removed for the purpose of “re-use” ie
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removed for a maintenance check to ensure it is still fit for purpose for future safe re-use on the ship.
The port worker is an affected person and required to be vaccinated because they regularly board
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affected ships and remove items in the course of their work, ie one of the group of workers identified in the
VO.
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The first servicing technician is also an affected person and required to be vaccinated as they have
handled the safety equipment within 72 hours of its removal from the ship and spent more than 15
minutes interacting in close contact (within 2 metres) with the affected port worker.
The second servicing technician is not an affected person and not required to be vaccinated as although
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they handled the affected item within 72 hours of its removal from the ship, they did not have direct
contact with the port worker.

Example 2 – Workers contracted to provide services who board ships or interact with affected persons
Two workers from a medical supplies company contracted to a shipping line board a ship shortly after it
docked, accompanied by a port worker. The ship has recently arrived from an overseas port. They remove
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several large plastic bags of used medical and first aid products and also restock the ship’s medical / first
aid supplies. The plastic bags and their contents are intended for disposal. Once back at the medical
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supplies company, the workers give the used medical / first aid supplies to a colleague to dispose of safely.
The workers have a conversation with the colleague in close proximity (within 2 metres) for less than 5
minutes.
In this example who is required to be vaccinated and why
The bags are an affected item because they are items removed from the ship for the purpose of disposal
The port worker is an affected person and required to be vaccinated because they regularly board
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affected ships and remove items in the course of their work, ie one of the group of workers identified in the
VO
The medical supplies workers who accompanied the port worker are also affected persons and required to
be vaccinated as they regularly board ships in the course of removing and disposing of medial and first aid
products, services which they are contracted to provide ie one of the group of workers identified in the VO.
The colleague in the medical supplies company is not an affected person and not required to be vaccinated
because while they handled the used medical / first aid supplies within 72 hours of their removal from the
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ship, they did not spend more than 15 minutes interacting in
Document 1 close contact (within 2 metres) with the
medical supplies workers who boarded the ship.

Example 3 – Port worker working around a ship
A foreign crew member on board a ship that has arrived from an overseas port throws a line from the ship
to a port worker standing at the dock (around a ship). The port worker secures the mooring line to bollards
on the dock. The ship has a low freeboard which contributes to the port worker interacting with the foreign
crew members in close proximity (within 2 metres) for 5 minutes.
In this example who is required to be vaccinated and why
The mooring line is an affected item because they are items removed albeit temporarily from the ship for
the purpose of ‘re-use’
The foreign crew members are not an affected persons because foreign crew are not one of the group of
workers identified in the VO.
The port worker is not an affected person and not required to be vaccinated because while they work
around the ship, and tied the mooring line (affected item) to the dock within 72 hours of its removal from
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the ship, (and routinely undertake that work), they do not belong to one of the groups under the VO
required to be vaccinated (i.e. they are not a stevedore or pilot) and did not interact in close proximity with
the crew member for 15 minutes or more.
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ACT
Specific examples on handling mooring lines around a ship and where the VO does and does not apply
Example 4a: A port worker who is not an affected person handles a mooring line without interacting with
anyone else
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The mooring line is an affected item because it has come from an affected ship.
However, while handling the mooring line, the port worker does not interact with anyone else.
The port worker does not become an affected person (who is required to be vaccinated) because, when
they were handling the mooring line, they did not interact with another affected port worker while both
were working.
Example 4b: A port worker who is not an affected person handles a mooring line while interacting with
another port worker who is also NOT an affected person
INFORMATION
The mooring line is an affected item because it has come from an affected ship.
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However, while handling the mooring line, the person with whom the port worker interacts is not an
affected person.
The port worker has therefore not become an affected person (who is required to be vaccinated) because,
when they were handling the mooring line, they did not interact with another affected port worker while
both were working.
Example 4c: A port worker who is not an affected person handles a mooring line while interacting with
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another port worker who is an affected person
The mooring line is an affected item because it has come from an affected ship.
While handling the mooring line, the port worker interacted with another port worker who is an affected
person.
The port worker HAS BECOME an affected person under the Vaccinations Order
The first port worker has therefore become an affected person (who is required to be vaccinated) because,
when they were handling the mooring line, they interacted with an affected port worker while both were
working.
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2.4 Specific guidance on application of the Vaccinations Order in the Air border context
Schedule 2 of the VO specifies the groups that the VO applies to. In addition to the information outlined in
Table 3 above and Appendix 2 and 3, there are several circumstances which  require the following types of
aircrew to be vaccinated in the circumstances specified:
Types of aircrew
Circumstances
New Zealand resident cabin crew  Circumstances where aircrew who work on QFT flights must be vaccinated
to be vaccinated if they work on
QFT (to or from a country or area within a country) operates on the
international flights, unless those  basis that there is a low risk of an outbreak or spread of COVID-19.
flights are QFT flights
These international fights are classified as green flights, and cabin crew
working on these international flights are exempt from meeting the
requirements of the VO.
Non-QFT flights are classified as red flights, and cabin crew on these
international flights are therefore required to isolate or quarantine at a
managed isolation or quarantine facility. Because there is a higher risk
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of contracting or spreading COVID-19, cabin crew on these flights are
required to meet the requirements of the VO
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Where the risk an outbreak or spread of COVID-19 increases, QFT
flights maybe suspended. This means that international flights
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previously classified as green flights change to red flights, albeit
temporarily. In these circumstances, the status of cabin crew working
on those international flights also changes and is consequently
captured by the VO.
The VO requires these workers to be vaccinated even where at some
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known or unknown time in the short-term or medium-term future,
their work settings may cease to be high-risk, the rationale behind this
is due to heightened risk contracting or transmitting COVID-19
Cabin crew who travel on a
Similarly, where QFT flights are suspended, the status of QFT persons
domestic flight within New
who are identified as low risk, also changes to high risk. Cabin crew
Zealand that carries international  who interact with arriving or transiting international passengers are
arriving or international transiting  consequently captured by the VO.
INFORMATION
passengers (other than QFT
persons) who have not yet
The VO requires these workers to be vaccinated, even where at some
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completed isolation or
known or unknown time in the short-term or medium-term future,
quarantine at a managed
their work settings may cease to be high-risk. The rationale behind this
isolation or quarantine facility.
is due to their heightened risk contracting or transmitting COVID-19
Other New Zealand resident
Other aircrew, who are not defined as cabin crew such as pilots, are
persons who are identified as
only considered aircrew for the purposes of the VO if they are based in
crew members on a crew
NZ, fly internationally on a non-QFT flight and while overseas have an
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manifest for an affected aircraft
international layover, either landside or airside.
that has travelled internationally
AND have an international
A layover is defined for the purpose of this guidance as an overnight
layover (whether airside or
stay in a hotel, as opposed to a stopover for a number of hours during
landside) during that travel, for
a single day where the pilots remain within the airport facility or
example pilots
remain in the airplane between flights.
Note the stay at the hotel would ordinarily be landside at external
hotels, however some airports, e.g. Singapore, do have hotels which
are attached to the airport for use by international transiting
passengers (and probably also aircrew) and which could be deemed  15

airside. If aircrew staye
Document 1 d overnight at one of these hotels, that would
constitute an airside layover.
The VO requires these workers to be vaccinated, only where all of the
above circumstances are met.
There is no requirement for the international layover to be scheduled
(or routine) in order for the worker to fall within this definition. Any
travel by crew members (including pilots) that involves a scheduled or
unscheduled (ie potential) international layover will require the worker
to be vaccinated.
The VO defines an affected aircraft as one which has arrived from a
location outside New Zealand on a non-QFT flight. The VO therefore
applies to all New Zealand resident aircrew flying international (on
non-QFT flights), whether on passenger or freight aircraft.
See also the definition of affected persons in section 2.2.1. ie an
affected person means a person who belongs to a group (or whose
work would cause them to belong to a group). The definition of
affected person also includes workers who will undertake work in
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future even though they may not be currently undertaking that work.
Each PCBU must assess whether the work that workers undertake or
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will in future undertake results in them becoming an affected person
and therefore required to be vaccinated. ACT
Table 4 Considerations for PCBUs in relation to ‘aircrew’
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INFORMATION
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3. Key responsibilities under the Vaccinations Order
3.1 Details of roles
The table below outlines the roles and responsibilities of PCBUs, affected persons, MoH and DHBs under the VO in relation to keeping vaccination records and ensuring only
vaccinated workers undertake certain work.

Border-facing PCBUs/Employers8
Affected persons (border workers)9
MoH/DHBs
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In relation to
•  Must determine whether a person is
•  Must get vaccinated if they fall into one of the affected
•  MoH has developed the BWTR to keep
the VO
a service worker (employed or
groups listed in Table 3 (in order to begin, continue or
records of affected persons and their
THE
engaged by the State Services or
resume working in their present role)
COVID-19 vaccinations
Defence Force) or not a service
•  Government border workers must have had their 1st
•  MoH must maintain and monitor the
worker (privately employed worker)
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dose by 26 August and 2nd dose no more than 35 days
BWTR
•  Must assess whether a worker is an
after the 1st dose
•  MoH must provide PCBU/employer with
”affected person”10 (also see
•  Privately employed border workers must have had their
access to the BWTR if the PCBU/employer
Appendix 3)
1st dose by 30 September and 2nd dose no later than 35
has provided written confirmation that the

days after the 1st dose
PCBU employs or has engaged the
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•  After the dates above, any new workers covered by the
affected person to carry out certain work
VO will need to have their 1st dose before starting work.
In relation to
•  Register PCBU/employer on the
•  Receive factsheets from employer about the information
•  Workers’ details contained on the BWTR
vaccination
BWTR11 (if new)
they will share about workers
and vaccination status contained on the
records
•  Provide factsheets for workers
•  Must provide their employer with their contact details
COVID-19 Immunisation Register (CIR) will
which outline the information that
automatically upload.
•  Advise the employer after they have received their first
PCBUs will share about them12
and then second doses of the vaccine.
•  Information added to CIR when a new or
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•  Enter contact details of affected
returning MIQ border worker has been
•  Border worker must provide employer with written
persons (or update if already on
confirmation where a suitably qualified medical
updated in the BWTR as requiring COVID-
19 vaccination.
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8 Appendix 6 - Border Worker Process Map
9 Appendix 7 - Border Worker Household Contacts Process Map
10 Find out if a worker must get vaccinated | Unite against COVID-19 (covid19.govt.nz)
11 Note the information is linked to the Border Workforce Testing Register (BWTR), which is also maintained by the Ministry.
12 Before a PCBU uploads any information to the BWTR/CIR they must share these factsheets because it contains important information about privacy. As with al  employee information, PCBUs
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need to take responsibility for it in accordance with the Privacy Act 2020 and keep this information secure and confidential.
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Border-facing PCBUs/Employers8
Affected persons (border workers)9
MoH/DHBs
BWTR), before they carry out
practitioner certifies that it is inappropriate for them to
•  DHBs will extract information to manage
certain work
be vaccinated
priority vaccination bookings.
•  Apply for a vaccination override by
•  Note that when a worker is entered into the BWTR, their

emailing
name, contact details and NHI are then uploaded into
[email address] to
the CIR. When a worker is vaccinated, their CIR record is
view vaccination status of an
updated to reflect this.
employee
•  Note that worker information will be held and managed
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•  Check vaccination status of workers
in accordance with the Privacy Act 2020 and Health
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•  Must meet record keeping
Information Privacy Code 2020.
requirements on the BWTR,
•  Note that worker information can only be accessed by
including where there is a change of
the employer and authorized enforcement officers ACT
employment status. See Appendix 4
for further details on these
requirements.
•  Can contact MoH for advice,
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support or clarification on:
[email address]
In relation to
•  Notify, educate and support
•  Speak to employer, peers, union or GP to find out more
•  DHBs may make special arrangements
getting a
affected workers of their
about getting vaccinated, the vaccination process or the
with PCBUs for vaccinating MIQ or border
vaccination
responsibility to get vaccinated.
vaccination itself
workers where possible
•  Notify workers of any arrangement
•  Speak to employer about any special arrangements that
•  DHBs will prioritise booking MIQ or border
with the DHB in their region for
have been made with the DHB in their region
workers and their whānau (Group 1) for a
vaccinating MIQ or border workers
•  Receive an invitation from the local DHB or use the code
vaccination
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•  Not prevent any worker from being
provided to access priority appointments
•  DHBs may contact workers about booking
vaccinated, if their appointment to
•  Book or register for their vaccine by going onto the Book
their vaccination appointments or
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be vaccinated falls within their
My Vaccine website, or by calling the COVID Vaccination
facilitate special arrangements for
working hours
Healthline on 0800 28 29 26 8am-8pm, 7 days a week.
vaccinating MIQ or border workers or
When booking a vaccination, workers must advise they
arrange a priority booking through a
are a border worker and the dose interval will be
Community Vaccination site
adjusted to 35 days for them
•  DHBs will co-ordinate an appointment for
the second vaccination.
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Border-facing PCBUs/Employers8
Affected persons (border workers)9
MoH/DHBs
•  Note: workers can get someone else to book their
vaccination appointments for them, they just need to
confirm that person has their permission.
•  Email [email address] if
workers need help or to raise issues with getting an
appointment
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Table 5: Summary of key responsibilities
3.2 Note about protecting the privacy of worker information
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Keeping worker health information secure is important, and the MoH takes this responsibility very seriously. Access to the BWTR/CIR is limited to those with logon access
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rights, and all access is recorded and can be audited.
Only PCBUs/employers and the MoH BWTR support team can see information about MIQ or border workers in the BWTR/CIR. On a “need to know” basis, some other MoH
staff can see anonymised information from the BWTR/CIR to assist with the COVID-19 response.
Workers’ information is held and managed in accordance with the Privacy Act 2020 and the Health Information Privacy Code 2020. In addition, all information stored in the
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BWTR/CIR is held securely in compliance with Ministry of Health standards.
Information supplied to the BWTR/CIR wil  be securely stored for the duration of the COVID-19 pandemic response, and then it wil  be destroyed. Any worker wanting to know
what information is held about them on the BWTR/CIR can contact the MoH at: [email address].
3.3 Vaccinating household contacts
While household contacts of border staff are not required to be vaccinated under the VO, the Government has recognised that as close contacts of workers who work in high-
risk settings, it is important that they are also prioritised and given the opportunity to be vaccinated.
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4. Exceptions and Exemptions
The Government wants everybody who is carrying out work at the border (or handling affected items) to be vaccinated. There are very few exceptions to this.
4.1 Health exception
Workers who handle affected items may be exempt from the requirement to be vaccinated if:
•  a suitably qualified health practitioner considers it would be inappropriate for the person to be vaccinated; and
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•  a suitably qualified health practitioner provides written confirmation of that assessment
THE
A general practitioner (GP) or qualified health professional are examples of people who could provide an exemption. A worker who obtains an exemption from getting
vaccinated must notify and provide written confirmation of the exemption to the Ministry of Health on request.  ACT
4.2 Significant supply chain disruption
A PCBU may apply to the Minister for COVID-19 Response for a named worker to be exempted if it is necessary to promote the purpose of the COVID-19 Public Health
Response Act 2020 and prevent disruption to essential supply chains.
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The application must be submitted by a PCBU for a named worker. The Minister for COVID-19 Response decides if an exemption should be granted to a worker. The process is
administered by the Ministry of Transport. Learn more about applying for a supply chain exemption here.
4.3 Other exceptions
An unvaccinated person may be permitted to enter and carry out work covered by this VO, if the work is unanticipated, necessary and time-critical and cannot be carried out
by a person who is vaccinated; and it must be carried out to prevent the workplace from ceasing operations.
Exceptions in these circumstances may only be granted by the responsible government chief executive.
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A person who is not vaccinated may enter a place without approval if they need to enter to preserve or protect a person’s life, health or safety in an emergency; or they are
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authorised or required to by law.

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5. Specific responsibilities in relation to monitoring and compliance under the Vaccinations Order
5.1 If a border worker does not get vaccinated
Border workers who remain unvaccinated after the requirements come into effect will need to discuss options with their employer. They wil  not be able to continue working
in a border environment until they are vaccinated.

Border-facing PCBUs/Employers
Affected persons (border workers)
MoH
Worksafe
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In relation
•  From 26 August for State Services or
•  After 26 August, State
•  From 26 August MoH will monitor
•  From 26 August, Worksafe may
to
Defence workers, /PCBUs, must not
Services or Defence workers
compliance of State Services or
issue a PCBU (State Services or
compliance
allow an affected person to carry
must not continue working in
Defence Force workers on the
Defence workers) with an
THE
out certain work unless satisfied that
a border facing role until
BWTR
infringement fee of $300 or a
the affected person has had the 1st
vaccinated
ACT
•  From 30 September MoH will
court fine not exceeding $1,000
dose and then the2nd dose no later
•  After 30 September, privately
monitor compliance of privately
for every worker found to be non-
than 35 days after the 1st dose
employed workers must not
employed workers on the BWTR
compliant
•  From 30 September,
continue working in a border
•  MoH wil  check the BWTR and CIR
•  From 30 September Worksafe
employers/PCBUs must not allow an
facing role until vaccinated
for vaccination status, including
may issue a PCBU (privately
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affected person to carry out certain
•  Need to work with their
checks with MIQF as appropriate
employed workers who are not
work unless satisfied that the affected
employer to consider any
service workers) with an
person has had the 1st dose, and then
•  Where there are unvaccinated
other work they could
infringement fee of $300 or a
the 2nd dose no later than 35 days
workers on the BWTR, MoH will
undertake within the
court fine not exceeding $1,000
after the 1st dose
contact the relevant PCBU about
organisation
the accuracy of data and actions
for every worker found to be non-
•  Must make the records it makes
•  If an agreement can’t be
required to comply
compliant
under the VO available to an
reached, wil  need to contact
•  NOTE: The VO also provides for
enforcement officer (MoH or
•  Must make the records of non-
the Ministry of Social
heavier penalties for intentional y
Worksafe) for investigation and
compliant affected persons
INFORMATION
Development to find
failing to comply with a COVID-19
enforcement purposes
available to Worksafe
alternative employment
order
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•  Need to work with am unvaccinated
employee to consider any other work
they could undertake within their
organisation
•  After the above dates, if the PCBU
allows unvaccinated workers to carry
out certain work they are committing
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Border-facing PCBUs/Employers
Affected persons (border workers)
MoH
Worksafe
an offence under the COVID-19 Public
Health Response Act 2020.
• See Guidelines for employers of
unvaccinated border workers13
Table 6: Summary of specific responsibilities in relation to monitoring and managing compliance
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13 See also https://www.employment.govt.nz/leave-and-holidays/other-types-of-leave/coronavirus-workplace/covid-19-vaccination-and-employment/questions-and-answers-employers/
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Appendix 1 - Summary of Vaccinations Order and amendments
Vaccinations Order
Commencement date Summary
Original
1 May 2021
The COVID-19 Public Health Response (Vaccinations)
Order 2021 (VO) has made it a requirement for a narrow
group of border workers and Government officials
working at the border or an MIQ facility to be vaccinated
against COVID-19.
1st amendment
14 July 2021
This amendment came into force on 14 July 2021, it
broadened the VO by making it a requirement for most
border workers and Government officials undertaking
certain work or anticipated to undertake certain work at
MIQF, affected airports and affected ports to be
vaccinated against COVID-19.

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Appendix 2 – Glossary of terms used in Table 3
Terms
Definition
Who is an affected person?
An affected person is a person who belongs to a group14 (or whose work would cause them to belong to a group)
What is an affected airport?
Any airport that receives an aircraft not on a quarantine-free travel (QFT) flight from a location outside New Zealand is an affected airport. Currently, only Auckland and Christchurch International Airports are
affected airports because they receive regular international flights.
While Wellington and Queenstown Airports can also receive international flights, they receive only QFT flights (when QFT flights are occurring) and so are not affected airports.
Other airports will also be affected airports when they resume receiving international non-QFT flights.
In those circumstances, where an affected airport receives QFT flights, all airside workers at that airport must be vaccinated – regardless of whether they interact with green or red (non-QFT) flights – because they
work at an affected airport
What is airside?
Airside is any part of an affected airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers (for example, a civil aviation security area or a
Customs-controlled area).
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What is an affected aircraft?
An affected aircraft is an aircraft (other than one undertaking a QFT flight) that arrives from a location outside New Zealand
Who is an excluded airport
Excluded airport persons are not required to be vaccinated. They are:
THE
person?
•  Workers at an affected airport, who interact only with international departing passengers (other than international transiting passengers); or

•  Workers on the airside of the affected airport, who work only in areas that are inaccessible to international arriving or international transiting passengers and who do not interact with international arriving or
international transiting passengers on the landside of the affected airport.
ACT
Who is an aircrew member?
Aircrew member means any of the following persons:
•  Cabin crew who:
o  are ordinarily resident in New Zealand; and
o  work on an international flight (other than a QFT flight) on or after 15 July 2021; Or
o  on or after 15 July 2021, travel on a domestic flight within New Zealand that carries international arriving or international transiting passengers (other than QFT persons) who have not yet completed
isolation or quarantine at a managed isolation or quarantine facility.
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•  Other persons who:
o  are ordinarily resident in New Zealand; and
o  are identified as crew members on a crew manifest for an affected aircraft that has travelled internationally on or after 15 July 2021; and
o  have an international layover (whether airside or landside) during that travel
* Note, the VO does not specify only passenger aircraft flying internationally, so it applies to aircrew on both passenger and freight aircraft.
What is an affected port?
An affected port is a port where a ship arrives from a location outside New Zealand.
Ports most likely to be affected by the requirements of the VO on an ongoing basis are: Northport (Marsden Point), Ōpua (Bay of Islands), Marsden Cove, Tauranga, Auckland (Waitematā and Manukau), Port
Taharoa (Waikato), Napier, Eastland Port (Gisborne), Taranaki, CentrePort (Wellington), Nelson, Marlborough, Otago, Lyttelton, Primeport (Timaru), Southport (Bluff) and Tiwai Point.
Note: some ports will be classed as affected ports only periodically.
What is an affected ship?
An affected ship is a ship with any person or persons on board who are required to be isolated or quarantined under a COVID-19 order.
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Who is an excluded port
An excluded port person is a person who is in isolation or quarantine on a ship under a COVID-19 Order (generally, the Maritime Border Order.)
person?

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What is an affected item?
An affected item is an item that is not cargo or freight, and has been removed from an affected ship, aircraft or MIQ facility* for cleaning, disposal and/or re-use.

In the aviation and maritime context, affected items might include:
•  Machinery or equipment, or parts, removed from an affected ship or aircraft for repair or service
•  Firefighting and lifesaving equipment removed from an affected ship or aircraft for repair or service
•  Laundry, removed from an affected ship or aircraft, (noting laundry would usually be done on board)
•  Garbage or garbage containers, including expired medical stores, removed from an affected ship or aircraft for disposal.
* Removed from an affected aircraft within the past 24 hours or from an MIQF or affected ship within the past 72 hours
Note, this is not an exhaustive list. Please also note that in some cases repairs, servicing or cleaning of machinery or equipment would be carried out on board the aircraft or ship.
Note, an item which is an affected item because it has been removed from an MIQ facility, affected ship or affected aircraft, will remain an affected item until 72 hours after its removal from an MIQ facility or affected
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ship, or until 24 hours after its removal from an affected aircraft

14 As defined in Schedule 2 of the VO.
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Appendix 3 – Vaccinations Order Decision Tree for PCBUs to assess whether a worker is an affected person15

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15 https://covid19.govt.nz/covid-19-vaccines/how-to-get-a-covid-19-vaccination/vaccinations-and-work/border-and-miq-worker-vaccinations/#who-must-get-vaccinated
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Appendix 4 – Information in relation to the BWTR/CIR
Terms
Explanation
The role of the BWTR and CIR  Protecting the health of the border workforce is a key priority as New Zealand continues to manage the ongoing threats posed by COVID-19. Therefore, having a reliable, nationwide system to record the COVID-19

vaccination status of border workers is essential for protecting the health of border workers and reducing the chance of COVID-19 entering our communities.
From 1 May 2021 it has been mandatory for PCBUs/employers to enrol on and use the BWTR to keep records of their employees who are affected persons and therefore required to be vaccinated in order to carry
out certain work. The CIR is now linked to the BWTR so that border workers’ vaccination status can also be recorded alongside their testing history and requirements.
Mandatory use of the BWTR/CIR supports PCBUs/employers to meet their obligations to ensure that affected border workers meet their vaccination requirements. Specifically, mandatory and consistent use of the
BWTR/CIR by PCBUs/employers:
•  Ensures they meet their obligations to keep records that can be easily accessed and converted into written form; and
•  Ensures their workers know they are required to be vaccinated and the deadlines for them to receive their first and second doses of the vaccine.
Mandatory use of the BWTR/CIR also helps:
•  Increase the accuracy of data held on testing frequency due to its automation function anonymously linking affected worker test results to their NHI (National Health Index) number; and
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•  Support COVID case investigation, as it facilitates early detection of potential transmission linked to an affected worker during contact tracing by generating a list of close or casual work contacts who might
also have been exposed to the same source of the virus.
THE
How the BWTR & CIR work
The BWTR and CIR are secure, linked databases that record a border worker’s testing history and vaccination status. The automated system keeps border workers and PCBUs/employers informed about when each
border worker needs to be tested, their testing history, the deadlines for them to receive their two doses of the vaccine, and the dates when they are vaccinated.
How PCBUs can access them
PCBUs/employers are required to enter all necessary and relevant information into the BWTR/CIR on behalf of their affected workers.
ACT
To enable the BWTR/CIR to match workers to their testing records and vaccination status, each worker’s NHI number is needed. PCBUs/Employers need to provide the following information about each border
worker to enable an NHI match to occur within the BWTR/CIR:
•  full legal name,
•  date of birth,
•  address (optional).
•  Other information held in the Registers includes:
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o  the dates the employee worked and how often they need to be tested (or if they are exempted from testing),
o  contact mobile number and contact email address (for reminders if required),
o  border worker or employee number (optional),
o  the testing option the worker has chosen,
o  the deadlines for each worker to receive their two doses of the vaccine,
o  the dates when employees received their two doses of the vaccine.
Employers are expected to support workers in this as part of their health and safety responsibilities to ensure a safe working environment. This includes helping ensure they meet their obligations to be ful y
vaccinated. The MoH will monitor the BWTR/CIR and review reporting recorded by PCBUs/employers on the BWTR/CIR. It can use the BWTR’s/CIR’s reporting features to identify whether border workers have been
vaccinated.
PCBUs not currently registered with the BWTR/CIR
New PCBUs
Email [email address] to find out more and to start the onboarding process.
INFORMATION
If PCBUs/employers engage workers within the MIQFs, send an email to MBIE requesting the new employee be added to your team via  [email address].
Important note - PCBUs/employers must inform their employees that the BWTR is being used for the purpose of compliance with both the RTO and the VO and that they take responsibility for the information held
in accordance with the Privacy Act 2020 and the Health Information Privacy Code 2020 and that they keep this information secure and confidential.
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PCBUs currently registered with the BWTR and have new or returning employees requiring vaccination
Add a new employee to the
If you have a new employee(s) starting work as a border worker(s) and they require a COVID-19 vaccination before starting work, add them to your team within the BWTR and the automated process will be initiated.
BWTR
If you work within the MIQFs, send an email to MBIE requesting the new employee be added to your team via [email address].

The new or returning border worker will receive a vaccination invitation or appointment from the local DHB.
Return an existing employee
If you have an employee who has previously been registered on the BWTR and is returning to frontline duties, the automated process wil  be initiated once you log an attendance in the BWTR. Additional y, you can
on the BWTR to frontline
request that the worker is manually made active within the BWTR, email the Border Health Record and the details of the request to [email address].
duties
The new or returning border worker will receive a vaccination invitation or appointment from the local DHB if they haven’t already received both doses of the vaccine.
Please also contact us if you have questions about vaccination requirements
OFFICIAL
How to find out more about
The BWTR/CIR is easy to use and has been designed for al  PCBUs/employers to operate quickly, while providing information in a uniform format back to the Ministry of Health.
the BWTR/CIR
MoH of Health staff are available to provide ongoing technical support to PCBUs/employers on use of the BWTR. Demonstrations showing how the Registers work, and assistance can be arranged by contacting:

[email address]
27

Document 1

Appendix 5 – Outline of Border Worker Vaccination Process

PCBU advises affected worker of
PCBU assesses whether
PCBU adds/updates
requirement to get vaccinated
workers affected by VO
affected worker details to
and provides factsheet
BWTR
Start
1982
End
No further
action required
THE
Yes
End
ACT
Factsheet for af ected workers
Add or update
Is worker ful y
worker details to
Add or update
vaccinated (2
Worker details
Worker details
No further
BWTR
worker details to CIR
doses)?
updated in CIR
updated to BWTR
action required
No
Cross check details
with MIQF
Unvaccinated worker details
DHB and/or employers advise
UNDER automatically added to DHB  worker of arrangements /
cohort report
options for getting vaccinated

INFORMATION
RELEASED
OFFICIAL

Document 2
Health & Disability Worker
Vaccinations Order
1982
Guidance document for PCBUs and workers
THE
This Guidance Manual is a living document. Updates and changes wil be made and released as required.
ACT
UNDER
INFORMATION
RELEASED
OFFICIAL
1

Summary of Changes
Document 2
Version
Date
Section/
Summary of Changes
Appendix
0.1
22 October 2021

Initial guidance document created.
0.2
23 October 2021

Minor corrections
0.3
26 October 2021

Additional FAQs and wording to improve clarity

Document Approval
1982
Date
22 October 2021 THE

ACT

UNDER

INFORMATION

RELEASED

OFFICIAL

2

Introduction
Document 2
1.1 Background
The New Zealand Government has responded to the global COVID-19 pandemic with a range of public
health initiatives.
The Government’s goal is to get everyone in Aotearoa New Zealand aged 12 and over vaccinated against
COVID-19. The COVID-19 vaccination is free – it doesn’t matter what your visa or citizenship status is.
The vaccine that is currently available in New Zealand is the Pfizer/BioNTech COVID-19 Vaccine.
Recognizing that some people are at higher risk of coming into contact with the virus or, because of their
age or health status, are more likely to experience poorer outcomes if they do fal  il  with COVID-19, the
vaccine has been progressively rol ed out to people, depending on which one of four groups they are in,
as fol ows:
Groups
Details
Group One
Group 1 includes people working at the border or in MIQ, and the people they
1982

live with (household contacts).
Border workers undertaking certain work at MIQ facilities, ports and airports
THE
who are at the greatest risk of exposure to COVID-19 must get vaccinated.
ACT
Group Two
High-risk frontline health workers and their household contacts, and people

living in high-risk places
Also includes frontline staff who interact with customers, and provide transport
and logistic services directly supporting the vaccination programme.
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Group Three
People aged 65 and over, and those at risk of getting very sick from COVID-19.
Group Four
Everyone else aged 12 or over, with vaccinations to be given to people in five-
year age bands in descending order of age
Table 1: Summary of COVID-19 vaccine rol out groups
A person needs to receive two doses of the vaccine to be considered fully vaccinated. The standard time
for a second dose is between three and six weeks after the first dose.
INFORMATION

The Ministry of Health has announced the COVID-19 Public Health Response (Vaccinations) Order 2021
RELEASED
wil  be updated to require a new set of workers in the health and disability sector to be fully vaccinated by
11.59pm on 1 January 2022.

Vaccination is already mandatory for high-risk roles (including health worker roles) in Border, MIF and MIQ
settings. The amendment extends that requirement so that certain roles in the health and disability sector
are also covered by this order.

OFFICIAL
Healthcare and disability workers are a valued and critical part of New Zealand’s pandemic response, and
early evidence suggests that vaccination may reduce transmission of the Delta variant of COVID-19 and
reduce the risk of serious il ness, which would burden New Zealand’s health system.

Healthcare and disability workers have been able to be vaccinated against COVID-19 since March 2021,
and District Health Boards have already achieved significant high rates of voluntary vaccination so far.

4

Vaccination remains our strongest and most effective tool t
Document 2 o protect against infection and disease, and we
need as many workers as possible to be vaccinated to al ow our health services to respond to the
pandemic and deliver everyday health services with as little disruption as possible.

1.2 Legislative context
On 11 October 2021, the New Zealand Government announced that health and disability workers wil  be
required to be ful y vaccinated against Covid-19 under the COVID-19 Public Health Response
(Vaccinations) Order 2021 (“the Order”).
The Order is a legally binding health instruction which requires certain groups of health and disability
workers to be vaccinated in order to undertake certain work.
1.3 Purpose
This guidance document is designed primarily for Persons Conducting a Business or Undertaking (PCBUs)
that employ or engage workers who undertake certain work in settings where healthcare occurs.
This document outlines:
1982
•  the purpose and scope of the Vaccination Order
o  the timeframes under the Order
THE
o  the responsibilities of PCBUs under the Order, including assessing whether a worker is an
‘affected person’
ACT
•  implications for PCBUs not meeting their responsibilities under the Order.
This document may also be used by health and disability agencies and other organisations involved in
COVID-19 vaccination, or as part of ensuring monitoring and compliance.
UNDER
This document aims to consolidate and make it easy to find and understand the Order. There may
therefore be links to publicly available information, a consolidation of information you have already
received, and new information.
This Guidance Manual is a living document. Updates and changes wil  be made and released as required.

Vaccination of affected persons undertaking certain work
INFORMATION
2.1 Timeframes for compliance with the Order
RELEASED
The table below summarises the timeframes that workers under the Order must meet.

1st dose by
2nd dose by
11.59pm on
11.59pm on
Health & Disability Workers (Affected
15 November 2021
1 January 2022
Persons)  OFFICIAL
Table 2: Timeframes for compliance with the Order
Any worker who does not comply with any of the above vaccination deadlines must not work in a role
which requires them to be vaccinated under Schedule 2 of the Order.
Accepted vaccines can be found here.

5

2.2 Scope of the Vaccinations Order Document 2
The Government has prioritised health and disability workers for vaccination since March 2021.  The Order
clarifies those workers who are affected persons for mandatory vaccination from 15 November 2021.
Affected persons include:
•  Health practitioners (as defined by the HPCA)
•  Workers who carry out work where health services are provided to members of the public by 1 or
more health practitioners and whose role involves being within 2 metres or less of a health
practitioner or a member of the public for a period of 15 minutes or more
•  Workers employed or engaged by certified providers who carry out work at the premises at which
the health care services are provided
•  Care and support workers
Care and support worker means a person employed or engaged to carry out work that includes going to
the home or place of residence of another person (not being the home or place of residence of a family
member) to provide care and support services.
Key responsibilities under the Vaccinations Order 1982
THE
3.1 Details of roles
The table below outlines the roles and responsibilities of PCBUs, affected persons, MoH and DHBs under
ACT
the Order in relation to keeping vaccination records and ensuring only vaccinated workers undertake
certain work.

PCBUs/Employers
Affected persons
MoH/DHBs
UNDER
In relation
•  Must determine whether a
•  Must get vaccinated if they
•  MoH has
to the
person is a health and
fal  into one of the affected
developed the
Order
disability worker
groups listed in Table 2 (in
COVID-19
•  Must assess whether a
order to begin, continue or
Immunisation
worker is an affected person
resume working in their
Register (CIR) to

present role)
keep records of
•  Health workers must have
COVID-19
had their 1st dose by
vaccinations
INFORMATION
11.59pm on 15 November
•  MoH must
2021 and 2nd dose by
provide
RELEASED  11.59pm on 1 January 2022  PCBU/employer
•  After the dates above, any
with worker
new workers covered by
vaccination status
the Order wil  need to have
information if
their 1st dose before
Privacy Act
starting work.
obligations have
been met
OFFICIAL
In relation
•  Maintain a safe, confidential
•  Receive factsheets from
•  Receive and
to
way to record the
employer about the
maintain accurate
vaccination
vaccination status of
information they wil  share
worker
records
workers covered by this
about workers
information from
Order
•  Must provide and maintain
PCBUs/Employers
•  Seek assurance of the
their contact details
for inclusion in
vaccination status of
(telephone and email
the centralised
affected persons within their
address) to their employer
register

6

Document 2

PCBUs/Employers
Affected persons
MoH/DHBs
responsibility employed by
•  Advise the employer after
•  Provide
other PCBUs.
they have received their
compliance
•  Provide factsheets for
first and then second doses
reporting to
workers which outline the
of the vaccine
PCBUs/Employers
information that PCBUs wil
•  Register on the My Covid
and WorkSafe.
share about them
Record website and/or

•  Ensure the contact details of
provide other suitable

affected persons are
evidence of vaccination to
captured before they carry
provide to the employer.
out certain work
•  If an exemption has been
•  Check vaccination status of
sought, provide employer
workers by sighting copies
with written confirmation
of an individual’s COVID-19
where a suitably qualified
immunisation status from
health practitioner certifies
My Covid Record or other
that it is inappropriate for
suitable evidence of
them to be vaccinated
vaccination
1982
•  Note that worker
•  Maintain records where
information wil  be held
THE
there is a change of
and managed in
employment status.
accordance with the
ACT
•  Provide accurate worker
Privacy Act 2020 and
information to MoH for
Health Information Privacy
inclusion in the centralised
Code 2020.
register if required by MoH
•  Note that worker
•  Complete a risk assessment
information can only be
UNDER
with exempted workers to
accessed by the employer
identify and agree risk
and authorised
mitigations for those
enforcement officers
workers to continue to do
•  If exempted, must commit
their role safely.
to adopting al  necessary
•  Can contact MoH for advice,
risk mitigations agreed
support or clarification on:
with the PCBU/employer to
[email address]
ensure their safety and the
INFORMATION
safety of those they work
with.
RELEASED
In relation
•  Notify, educate and support
•  Speak to employer, peers,
•  DHBs may make
to getting
workers and affected
union, vaccination provider
special
a
persons of their
(e.g.: general practice,
arrangements
vaccination
responsibility to get
community pharmacy,
with PCBUs for
vaccinated.
urgent care, Hauora Maori,
vaccinating their
•  Not prevent any worker
Pacific provider) to find out
workers where
OFFICIAL
from being vaccinated if
more about getting
required
their appointment to be
vaccinated, the vaccination
•  DHBs wil
vaccinated fal s within their
process or the vaccine
prioritise health
working hours.
itself
and disability
•  We encourage employers to
•  Speak to employer about
workers for a
pay employees should they
any special vaccination
vaccination
need to be vaccinated
arrangements that have
during working hours
been made with the DHB
in their region

7

Document 2

PCBUs/Employers
Affected persons
MoH/DHBs
•  Book their vaccine by
going onto the Book My
Vaccine website, by cal ing
the COVID Vaccination
Healthline on 0800 28 29
26 8am-8pm, 7 days a
week, or attend a drive-
through or walk-in
vaccination clinic without a
booking.
Table 5: Summary of key responsibilities
3.2 Note about protecting the privacy of worker information
Keeping worker health information secure is important, and the MoH takes this responsibility very
seriously. Access to the CIR is limited to those with logon access rights, and al  access is recorded and can
be audited.
1982
Only PCBUs/employers and the MoH CIR support team can see information about health workers. On a
“need to know” basis, some other MoH staff can see anonymised information from the CIR to assist with
THE
the COVID-19 response.
ACT
Workers’ information is held and managed in accordance with the Privacy Act 2020 and the Health
Information Privacy Code 2020. In addition, all information stored in the CIR is held securely in compliance
with Ministry of Health standards.
Any worker wanting to know what information is held about them on the CIR can contact the MoH at:
[email address].
UNDER
Exceptions and Exemptions
The Government wants everybody who is carrying out work in health to be vaccinated. There are very few
exceptions to this. Process maps for exceptions and exemptions can be found in Appendix 5.
4.1 Health exemptions
INFORMATION
Workers may be exempt from the requirement to be vaccinated if, after examination:
•  a suitably qualified health practitioner considers that the vaccination is clinical y contradicted for
RELEASED
the person; and
•  a suitably qualified health practitioner provides written confirmation of that assessment.
A general practitioner (GP) is an example of a suitably qualified health practitioner who could examine the
worker and make an assessment for exemption. A worker who obtains a health exemption from getting
vaccinated must notify and provide written confirmation of the exemption and the PCBU must ensure
OFFICIAL
there are appropriate control measures in place to mitigate risk, and provide details of this to the Ministry
of Health on request.
Information regarding acceptable clinical reasons for exemption wil  be available from The Royal New
Zealand Col ege of General Practitioners, the Immunisation Advisory Centre, and Ministry of Health.
A worker may not exempt themselves, even if they are suitably qualified health practitioner.
Workers who receive a health exemption may continue to work in their role.

8

4.2 Significant health service disruption excep
Document 2
tions
A PCBU may apply to the Minister for COVID-19 Response for an exception to allow a named
unvaccinated worker to work if it is necessary to promote the purpose of the COVID-19 Public Health
Response Act 2020 and prevent significant disruption to essential health services.
The application must be submitted by a PCBU for a named worker. The Minister for COVID-19 Response
decides if an exception should be granted to a worker. The process is administered by the Ministry of
Health. Learn more about applying for a service disruption exception in Appendix 5.
The table below outlines the information we expect PCBUs wil  need to evidence for the matters the
Minister must consider before granting an exemption.
What must the Minister take into
Information that PCBUs could provide to assist the
account in considering an
Minister in making their decision
application?
1982
The potential for significant
•  What is the service disruption that would result
service disruption if the work
from the worker being unable to perform the role?
THE
carried out by a particular person
•  How significant would the service disruption be?
does not occur
•  Is the service essential?
ACT
•  What is the extent of the risk to the public interest
from the service disruption?
The extent to which the work is
•  What efforts have been made to make the worker
UNDER
necessary
aware of the vaccination requirement, including the
deadline for getting vaccinated?
•  Has the employer/PCBU offered the worker the
opportunity to receive the vaccine during their
usual working hours?
•  What is the reason the worker has decided not to
be vaccinated at this time (including any identified
barriers to the worker being vaccinated)?
INFORMATION
•  Has the worker been briefed on the vaccine by a
suitably qualified health practitioner?
RELEASED • Can the individual worker not be replaced with
another existing worker, by another function, or by
training of other/new staff in the short term?
•  Can the employer/PCBU operate without the role,
even while recruitment or retraining is underway
(noting any qualifications required and how long
OFFICIAL
training wil  take)?
•  How necessary are the work activities, including
whether they could reasonably be delayed to
facilitate vaccination of the worker needed to
perform the role?
The Minister may make an exception for the worker for a specified period provided that the extent of the
exception is not broader than is necessary to address the matters that gave rise to the exception.

9

No class or group exceptions wil  be considered. However,
Document 2  if appropriate, a PCBU may seek exceptions for
more than one worker at a time. In this situation, the PCBU should outline the cumulative effect of that
group not being vaccinated.
A separate application for each worker is required.
https://health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-coronavirus/covid-19-response-
planning/covid-19-exemptions-mandatory-vaccination
Before applying, you must:
•  have a worker that is not vaccinated
•  have the agreement of that worker to apply for an exception
•  be able to demonstrate that you can meet the criteria of the exception.
If the application is declined, the worker wil  either need to be vaccinated within the timeframes specified
in the Order or wil  be unable to perform the role.
Employers/PCBUs can resubmit an application with additional information, however, the timelines for
mandatory vaccination specified in the Order stil  apply.
1982
4.3 Other exceptions
THE
An unvaccinated person may be permitted to enter and carry out work covered by this Order, if the work
ACT
is unanticipated, necessary and time-critical and cannot be carried out by a person who is vaccinated; and
it must be carried out to prevent the workplace from ceasing operations.
Exceptions in these circumstances may only be granted by the responsible government chief executive. In
all cases, appropriate personal protective equipment must be used in line with Ministry of Health
UNDER
guidelines.
A person who is not vaccinated may enter a workplace without approval if they need to enter to preserve
or protect a person’s life, health or safety in an emergency; or they are authorised or required to by law.
Specific responsibilities in relation to monitoring and
compliance under the Vaccinations Order
INFORMATION
5.1 If an affected person does not get vaccinated
RELEASED
Affected persons who remain unvaccinated after the requirements come into effect wil  need to discuss
options with their employer. They wil  not be able to continue working in a role that is subject to this
Order until they are vaccinated.

PCBUs/Employers
Affected persons  MoH
Worksafe
In relation
•  From 11.59pm on
•  From 11.59pm
•  MoH wil  work
•  From 11.59pm
OFFICIAL
to
15 November
on 15
with PCBUs to
on 15 November
compliance
2021, PCBUs must
November
confirm
2021, Worksafe
not allow an
2021, health
compliance of
may issue a
affected person to
and disability
health workers
PCBU with an
carry out certain
workers who
(process stil
infringement fee
work unless
are affected
under
or fine of up to
satisfied that the
persons must
development)
$1,000 for every
affected person
not continue
•  Where
worker found to
has had the 1st
working in a
unvaccinated

10

Document 2

PCBUs/Employers
Affected persons  MoH
Worksafe
dose and then the
role subject to
health workers
be non-
2nd dose no later
this Order until
have been
compliant
than 1 January
vaccinated
identified, MoH
•  NOTE: The
2022.
•  Need to work
wil  contact the
Order also
•  Must make the
with their
relevant PCBU
provides for
records it makes
employer to
about the
heavier penalties
under the Order
consider any
accuracy of data
for
available to an
other work
and actions
intentional y
enforcement
they could
required to
failing to comply
officer (MoH or
undertake
comply
with a COVID-19
Worksafe) for
within the
•  Must make any
order
investigation and
organisation or
records of non-
enforcement
other options
compliant
purposes
such as taking
affected persons
•  Need to work with
a period of
available to
an unvaccinated
annual or
Worksafe
employee to
unpaid leave
1982
consider any other
•  If an
work they could
agreement
THE
undertake within
can’t be
their organisation
reached, the
ACT
while meeting the
employment
conditions of the
relationship
Order
wil  end.
•  After the above
•  Note – this is
UNDER
dates, if the PCBU
not a
al ows
mandated
unvaccinated
process rather
workers to carry
an indication of
out certain work
options
they are
committing an
offence under the
COVID-19 Public
INFORMATION
Health Response
Act 2020.
RELEASED
•  Seek guidance
from HR or
employment law
professionals to
ensure a fair and
appropriate
OFFICIAL
process is
undertaken
Table 6: Summary of specific responsibilities in relation to monitoring and managing compliance

11

Document 2
Appendix 1 - Summary of Vaccinations Order and
amendments
Vaccinations Order
Commencement date Summary
Original
22 October 2021
The COVID-19 Public Health Response (Vaccinations)
(Gazetted)
Order 2021 (“the Order”) has made it a requirement for
25 October 2021
health and disability workers to be vaccinated against
(Commencement)
COVID-19.

1982
THE
ACT
UNDER
INFORMATION
RELEASED
OFFICIAL

12

Document 2
Appendix 2 – Fact Sheet for PCBU Managers
Who is required to be vaccinated under the Health Order?
A PCBU means a Person Conducting a Business or Undertaking. It's a broad concept used throughout the
Health & Safety at Work Act to describe all types of modern working arrangements which we commonly
refer to as businesses.  Most New Zealand businesses, whether large corporates, sole traders, or self-
employed, are classed as PCBUs.
PCBUs are accountable under the COVID-19 Public Health Response (Vaccinations) Order 2021 (“the
Order”) to ensure workers within the scope of the Order are vaccinated for COVID-19.
Affected persons (“workers”) include:
•  Health practitioners (as defined by the HPCA)
•  Workers that carry out work where health services are provided to members of the public by 1 or
more health practitioners and whose role involves being within 2 metres or less of a health
practitioner or a member of the public for a period of 15 minutes or more
1982
•  Workers employed or engaged by certified providers who carry out work at the premises at which
the health care services are provided
THE
•  Care and support workers as defined in the Order
ACT
Care and support worker means a person employed or engaged to carry out work that includes going to
the home or place of residence of another person (not being the home or place of residence of a family
member) to provide care and support services.
What must employers do between now and 15 November 2021?
UNDER
Write to al  workers within your PCBU who perform work within the scope of the Order, advising them of
the Order and the need to be vaccinated by 11.59pm on 15 November 2021.
EXAMPLE LETTER: WHERE VACCINATION STATUS IS UNKNOWN

Dear xx

COVID-19 Public Health Response (Vaccinations) Order 2021 – Heath & Disability Workers
INFORMATION

We are writing to you fol owing the NZ Government’s announcement on 11 October 2021, that health
RELEASED
& disability workers wil  be required to be ful y vaccinated against Covid-19 under the COVID-19
Public Health Response (Vaccinations) Order 2021 (“the Order”).

This means that anyone in NZ who is employed to work in a healthcare setting is required to have at
least one dose of the Covid-19 by 11.59pm on 15 November 2021, and to have their second dose of
the vaccine by 1 January 2022.

OFFICIAL
We consider that your role of [insert] is a role which is required to be performed by a vaccinated worker
under the Order.

Our records show that you are not vaccinated against Covid-19 and/or you have not confirmed your
vaccination status.

Please can you let us know your vaccination status by [insert date]. If you are vaccinated, please provide
[insert manager’s name] with written confirmation of this (by registering on My Covid Record
https://app.covid19.health.nz/ and providing a screen-shot or print out of the result) by [insert date].

13

Document 2
If you are unvaccinated, we are happy to help you make arrangements to be vaccinated in order for
you to comply with the Order.

If we do not receive written confirmation from you that you are vaccinated by [insert date], we wil
assume you are unvaccinated. In this event, you wil  not be able to work in your role as [insert] from
11.59pm on 15 November 2021. From this date you wil  be temporarily stood down from your duties,
or we wil  agree to you taking annual or other leave until [insert date] whilst we work through the
impact of your vaccination status on your ability to perform the role, and whether any alternative
arrangements or accommodation can be considered.

If you have any queries about the content of this letter, or if you do not consider you are covered by
the Order referred to above, please contact [insert name] immediately. You should also feel free to
seek independent advice, including from your union, if you are a member.

We realise that this may be an unsettling time for you and would like to remind you that free,
confidential counsel ing and support is available to you. You can contact our Employee Assistance
programme [contact details] to make an appointment. This is a confidential service, and no details are
placed on your employee file.
1982

Ngā mihi
THE

What do I do if a worker is not vaccinated by 11.59pm on 15 November 2021?
ACT
Al  people covered by the Order must have received their first dose of an approved COVID-19 vaccine by
11.59pm on 15 November 2021 and provide you with evidence, such as My Covid Record.
Where they are unable to provide this evidence, you must take immediate steps to stand down the
UNDER
employee while you consult with them to establish if they have access to a medical exemption, or to
discuss any suitable redeployment options for this employee to move to an alternative role where
vaccination is not required. If no redeployment options are available, then you wil  need to bring the
employment relationship to an end, by giving formal notice of termination. Employees wishing to take
leave or leave without pay can apply through your normal leave approval process and approval is at the
employer’s discretion.  Employees wil  need to be vaccinated before they return to work if the leave period
ends after 11.59pm on 15 November 2021 (for those without a first dose) or 11.59pm on 1 January 2022
(for those without a second dose).
INFORMATION
You are advised to seek support from an appropriate human resources or employment law professional to
ensure you conduct the process in line with your legal obligations.
RELEASED
Other employment reference information
https://www.employment.govt.nz/resolving-problems/steps-to-resolve/disciplinary-action/suspension/
https://www.employment.govt.nz/ending-employment/giving-notice/
https://www.employment.govt.nz/assets/Uploads/tools-and-resources/documents/dbe57165f5/Sample-
OFFICIAL
letter-termination-of-employment-dismissal-on-notice.docx

14

Document 2
Fact Sheet for Health & Disability Workers
Who is required to be vaccinated under the Vaccination Order?
You are required to have received your first dose of an approved COVID-19 vaccine by 11.59pm on 15
November 2021, and the second dose no later than 11.59pm on 1 January 2022, if you are a paid or
unpaid worker whose role comes within the scope of the Vaccination Order.
Affected persons (“workers”) include:
•  Health practitioners (as defined by the HPCA)
•  Workers who carry out work where health services are provided to members of the public by 1 or
more health practitioners and whose role involves being within 2 metres or less of a health
practitioner or a member of the public for a period of 15 minutes or more
•  Workers employed or engaged by certified providers who carry out work at the premises at which
the health care services are provided
•  Care and support workers
Care and support worker means a person employed or engaged to carry out work that includes going to
1982
the home or place of residence of another person (not being the home or place of residence of a family
member) to provide care and support services.
THE
What must I do between now and 15 November 2021?
ACT
You must supply the PCBU (your employer) with evidence that you have received at least your first dose of
an approved COVID-19 vaccine.  You can do this by registering on My Covid Record
https://app.covid19.health.nz/  and providing the result to your manager or employer.  Employers may
temporarily accept a copy of your purple record card until you are able to supply official proof of vaccination.
If you were vaccinated overseas, you wil  need to provide acceptable evidence of your vaccinations.
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What happens if I am not vaccinated by 11.59pm on 15 November 2021?
Your employer is required by law to ensure that al  affected persons have received at least their first dose of
vaccine for COVID-19 by 11.59pm on 15 November 2021. If they do not receive confirmation from you that
you are vaccinated by then, they wil  assume you are unvaccinated. In this event, you wil  not be able to
work in your health worker role from 16 November 2021 and you wil  be temporarily stood down.

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Unvaccinated workers wil  be temporarily stood down from their duties, or your employer may agree to you
taking annual or other leave while they consult with you whether any alternative arrangements or
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accommodation can be considered – including potential for redeployment, or if you believe you may have
grounds, to al ow time for you to be examined to establish your right to a medical exemption.

If, following a fair process, no alternatives are identified, your employment is terminated and you wil  receive
notice of termination in accordance with your employment agreement, and any outstanding holiday pay
entitlements.

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You should seek independent advice, including from your union, if you are a member.

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Appendix 3 – Health Worker Vaccination Order Process

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Appendix 4 – Common questions
When will the Order be in place?
The Order was approved by the Minister on 22 October 2021, and it came into force at 11.59pm
on 25 October 2021.
How will the Order work?
The Order requires that affected persons who fall within its coverage must be vaccinated against
COVID-19 by specified dates (first dose by 11.59pm on 15 November 2021 and second dose by
11.59pm on 1 January 2022). It is an offence for an affected person to continue to carry out work
without being vaccinated after the stated dates, and an offence for an employer to al ow an
affected person to undertake that work. Infringements and fines wil  apply.
Why are we doing this?
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Health and disability workers are a valued and critical part of New Zealand’s pandemic response,
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and early evidence suggests that vaccination may reduce transmission of the Delta variant of
COVID-19 and reduce the risk of serious il ness, which would burden New Zealand’s health and
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disability system.
Health and disability workers have been able to be vaccinated against COVID-19 since March
2021, and some employers, such as DHBs, have already achieved significant high rates of
voluntary vaccination so far.
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Vaccination remains our strongest and most effective tool to protect against infection and
disease, and we need as many workers as possible to be vaccinated to al ow our health services
to respond to the pandemic and deliver everyday health services with as little disruption as
possible.
Who is an affected person?
Affected people
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•  Health practitioners (as defined by the HPCA)
•  Workers who carry out work where health services are provided to members of the public
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by 1 or more health practitioners and whose role involves being within 2 metres or less of
a health practitioner or a member of the public for a period of 15 minutes or more
•  Workers employed or engaged by certified providers who carry out work at the premises
at which the health care services are provided
•  Care and support workers
Care and support worker means a person employed or engaged to carry out work that includes
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going to the home or place of residence of another person (not being the home or place of
residence of a family member) to provide care and support services.
The coverage of the Order is broad, and in most cases applies to a large number of workers
employed by DHBs and other public and private health care settings, no matter the role or job
you do. The Order covers employees, contractors, service providers, casuals, students, temps,
volunteers and others who ‘work’ as an employee or service provider in setting where healthcare
is provided.

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How do we know who has been vaccinated?
Start by asking your workers to confirm their vaccination status and record it securely as part of
their employment record.  They can do this by registering and showing you their vaccination
record on the My Covid Record app. Employers may temporarily accept a copy of the purple
record card until your worker can supply official proof of vaccination.  If they have vaccinated
overseas, they wil  need to show formal evidence of their vaccination.
https://www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-
coronavirus/covid-19-vaccines/covid-19-requesting-proof-vaccination/my-covid-record
The Ministry of Health wil  advise if they can provide PCBUs with a service to match employee
data with records on the COVID-19 Immunisation Register (CIR).
A Border Workforce Testing Register has been developed over the last twelve months iteratively
as each version of the Required Testing Order and Vaccinations Order have come into effect, and
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this tool wil  be extended for use for Health & Disability workers under the Order. Onboarding
new PCBU’s is a repeatable and scalable process but is a person-based process.  Ministry of
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Health wil  work with employers over the coming weeks to ensure records are complete and
accurate to manage compliance.
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What does this mean for me?
As many workers in health & disability settings are likely to be affected persons as defined by the
Order, you wil  most likely be required to have been vaccinated against COVID-19 by the
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specified dates. If you have not been vaccinated by those dates, then you wil  probably not be
al owed to continue to work in your current role after 15 November 2021.
How does the Order apply to people who have accepted, but not yet commenced
employment?
People who are intending to work in a health care setting wil  be required to have at least one
vaccination before their commencement date if their start date is after 11.59pm on 15 November
2021, and two vaccinations if their start date is after 11.59pm on 1 January 2022.
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Will contractors and volunteers be required to be vaccinated?
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Any person coming in to carry out work in a setting where health care is provided (including a
person’s home or place of residence such as a rest home, retirement vil age, and residential care
facility), who perform their work in close proximity to health practitioners or members of the
public wil  be required to be vaccinated in order to perform that role. Exceptions can be made
with Chief Executive approval to address work that is urgent, unanticipated, necessary and time-
critical and cannot be carried out by a person who is vaccinated; and it must be carried out to
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prevent the workplace from ceasing operations.

Will the Order affect visitors or guests?
Most visitors or guests wil  not required to be have a mandatory vaccination under the Order,
however each organisation wil  have their own visitor policy relating to visitors to the premises,
and you should consider the scope of the Order to ensure your policy reflects any new
requirements.

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What if I do not want to disclose my vaccination status?
It is preferable for workers to have open conversations with their employer around their
vaccination status and their reasons for not being vaccinated. This is to ensure that organisations
can comply with the Order, and provide for the health and safety of staff, clients and patients.
However, employers may seek approval to access vaccination status information directly from the
Ministry of Health COVID-19 Immunisation Register (CIR).
What information do employers need to hold?
A PCBU must, for each affected person employed or engaged by the relevant PCBU, keep and
maintain a record of the fol owing information:
•  the affected person’s full legal name and date of birth
•  a telephone number and email address by which the affected person may be reached
•  the dates by which the affected person is required to be vaccinated
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•  the dates on which the affected person has received vaccinations and the type of
vaccination(s) received
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•  any applicable exemption provisions for affected persons and written evidence of any
exemption
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The record must be in writing or kept in a form or in a manner that allows the information in the
record to be easily accessed and converted into written form; and be made available as soon as
practicable to MoH, WorkSafe or other authorised enforcement officer who requests access to
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the record.  The PCBU must also work with affected people to ensure records are actively
maintained for ongoing accuracy.
What is the difference between an exemption and exception?
The Order references a health exemption and a Minister’s exemption. The health exemption is a
personal exemption granted where an individual is unable to be vaccinated by the due dates for
a narrow range of health reasons.  Health exemptions are initiated by the worker, via a suitably
qualified health practitioner (Medical Practitioners and Nurse Practitioners). The Minister’s
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exemption (which we’ve called an ‘exception’ to assist with differentiating between the two types
of exemption) is available for application where a specific health service is at risk of significant
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disruption when the mandatory order is enforced.  Exceptions are initiated by the
employer/PCBU, via [email address] at the Ministry of Health.
Can I get a health exemption?
The medical evidence to date suggests that there are only very rare circumstances a person wil
be clinical y unable to receive the Pfizer vaccine. This is because the Pfizer vaccine is not a live
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vaccine. The medical advice we have received is that the vaccine is safe for people who:
•  Are pregnant or breast feeding;
•  Have pre-existing health conditions;
•  Are on treatments that weaken the immune system (such as cancer and HIV treatments);
and
•  Have had severe reactions to other vaccines in the past.

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Health and disability workers may be exempt from the requirement to be vaccinated if, after
examination:
•  a suitably qualified health practitioner considers that the vaccination is medical y
contradicted for the person; and
•  a suitably qualified health practitioner provides written confirmation of that assessment.
Medical Practitioners and Nurse Practitioners are suitably qualified health practitioners who could
examine the worker and make an assessment for exemption. A worker who obtains a health
exemption from getting vaccinated must notify and provide written confirmation of the
exemption to their employer, and the PCBU must ensure there are appropriate control measures
in place to mitigate risk, and provide details of this to the Ministry of Health if requested.
Ministry of Health does not approve health exemptions.
Information regarding acceptable clinical reasons for exemption wil  be available from The
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Royal New Zealand Col ege of General Practitioners, the Immunisation Advisory Centre and
Ministry of Health.
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A worker may not exempt themselves, even if they are suitably qualified health practitioner.
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Workers who receive a health exemption may continue to work in their role.
Can there be exceptions where there is significant risk to the delivery of a service?
A PCBU may apply to the Minister for COVID-19 Response for an exception for a named worker
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to prevent significant disruption to essential health services.
The application must be submitted by a PCBU for a named worker. The Minister for COVID-19
Response decides if an exception should be granted. The process is administered by the Ministry
of Health.
Can an exemption be secured on religious grounds?
No major organised religious group has officially discouraged the vaccine, and many have
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explicitly encouraged them.
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Are there other alternatives to being vaccinated? E.g. additional PPE and regular
surveillance testing.
The Order requires that no affected person may carry out their role unless they are vaccinated.
We anticipate that there wil  be no exceptions (other than health exemptions) to being
vaccinated, so steps such as additional PPE, social distancing, surveil ance testing, and other
measures wil  not be available as alternatives to being vaccinated. The most likely outcome is
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that if you are an affected person and are not vaccinated, you wil  not be allowed to perform your
current role.
What if I can do my job from home - will I be covered?
Employers wil  need to consider al  options for employees on a case by case basis. However the
Order does not offer a provision for remote working as an alternative to vaccination for affected
persons.

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What will happen if I do not get the first dose by the date in the Order?
Employers wil  work with you to determine the reason you have not been vaccinated by the
required dates. However, no affected person can perform their role from the dates specified if
they are not vaccinated. You may explore other options, including unpaid leave or taking annual
leave, if you are intending to receive your vaccination shortly after the dates set out in the Order.
If I do not wish to be vaccinated, will my organisation redeploy me to a new role?
If you are not vaccinated by the dates in the Order, your employer wil  consider redeployment
options for you. However, given the broad coverage of the Order, it is very unlikely that any roles
wil  exist that you may be redeployed to that wil  not also require you to be vaccinated. Each
situation wil  be assessed on a case-by-case basis.
What will happen to me if I do not receive the vaccine and there are no suitable
redeployment options?
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After working through a fair process with you, if no suitable redeployment alternatives are
identified then your employer may terminate your employment.
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If my employment is terminated, what are my entitlements?
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If, fol owing a fair process, your employment is terminated, you wil  receive notice of termination
in accordance with your employment agreement, and any outstanding holiday pay entitlements.
What is the HR process if a person refuses vaccination and can't be redeployed?
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You are advised to seek support from an appropriate human resources or employment law
professional to ensure you conduct the process in line with your legal obligations.   You may also
find the fol owing sites useful:
https://www.employment.govt.nz/resolving-problems/steps-to-resolve/disciplinary-
action/suspension/
https://www.employment.govt.nz/ending-employment/giving-notice/
https://www.employment.govt.nz/assets/Uploads/tools-and-
resources/documents/dbe57165f5/Sample-letter-termination-of-employment-dismissal-on-
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notice.docx

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What happens if I am on leave when the required vaccination dates occur?
Employees who are returning from leave are expected to have at least one vaccination before
they return if this is after 11.59pm on 15 November 2021 and two vaccinations if this is after
11.59pm on 1 January 2022.  Where this means that an employee wil  be unable to return on
their previously expected return date, employers wil  discuss the options, including considering
extending the leave period or granting a period of special leave.  This is at the employer’s
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discretion.
In the case of employees who are about to take parental leave and would prefer not to take the
vaccine until after the baby is delivered, employers may consider the available options, including
the early commencement of the leave period. Note that vaccination in pregnancy is highly
recommended for the safety of the pregnant person and baby.
If I am feeling hesitant about taking the vaccine, what can I do?

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We appreciate that some people wil  have questions and wil  want to seek reassurance that
taking the vaccine is safe.  Please refer to https://covid19.govt.nz/covid-19-vaccines/get-the-
facts-about-covid-19-vaccination/covid-19-vaccination-your-questions-answered/, speak to your
trusted health professional such as a Medical Practitioner, Nurse Practitioner or Pharmacist, or
cal  the COVID Vaccination Healthline on 0800 28 29 26 (8am to 8pm, 7 days). Translators are
available if English is not your first language.
If I feel unwell after being vaccinated, can I take sick leave?
In most instances people who take the vaccine suffer only mild side effects.  If, however, you feel
unwel , then the sick leave provisions of your employment agreement wil  apply.
Will I be able to be vaccinated during work time?
Most employers wil  support you to be vaccinated during paid work time, and wil  provide release
time for this to occur.
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I have had COVID-19 already and have a natural immunity as a result. Do I need to be
vaccinated?
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Yes, you should be vaccinated regardless of whether you already had COVID-19 because research
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has not yet shown how long you are protected from getting COVID-19 again after you recover
from COVID-19 and vaccination helps protect you even if you’ve already had COVID-19.
Evidence is emerging that people get better protection by being fully vaccinated compared with
having had COVID-19. One study showed that unvaccinated people who already had COVID-19
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are more than 2 times as likely than ful y vaccinated people to get COVID-19 again. If you were
treated for COVID-19 with monoclonal antibodies or convalescent plasma, you should wait 90
days before getting a COVID-19 vaccine. Talk to your doctor or trusted medical professional if
you are unsure what treatments you received or if you have more questions about getting a
COVID-19 vaccine.
Are COVID-19 vaccinations covered by ACC (as a treatment injury)?
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Yes
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Will vaccination become part of an APC requirement?
That is a decision for the responsible authorities.
Will an alternative vaccine be available or approved?
Alternative vaccines are being considered by MedSafe and some have already been approved. It
is not confirmed when access to vac
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Exemptions wil  not be granted to those who choose to wait for an alternative vaccine.
What if my preference is to wait for a different (non-RNA) vaccine to become available?
Your employer may discuss with you the options, including whether it is practicable to hold your
job open in the meantime.  This is likely to depend on the level of certainty and timeframes
within which alternative vaccines may become legal y available for use in New Zealand.

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Who will be liable if health & disability employees continue to work while unvaccinated?
Both employees and the PCBU/employer may receive infringements or fines of up to $1000 per
person if they do not comply with the Order.
What if I have been vaccinated overseas with a Vaccine other than Pfizer?
To comply with this Order, you wil  need to provide evidence that you have been vaccinated by
the due dates with an accepted vaccine.  Accepted vaccines can be found here.
Do family members providing health care to whānau at home need to be vaccinated?
Current public health measures are considered adequate given the potential for the person
receiving care to be a lower risk vector for transmission to the community, and therefore family
members providing care to other family members within their home are not included as affected
persons in the Health Order.
Who can help workers who are unable to continue working in their current roles to find new
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employment?
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The Ministry of Social Development (MSD) is able to support impacted workers who are unable
to continue working in their current roles and are unable to be redeployed by their
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employer.  The regional teams can support people to look for and prepare for other work, by
assisting them to update CVs and find jobs that match their skil s.  MSD also has a range of
services and products that can also help people when they do find new work.  PCBUs are
encouraged to contact MSD to discuss employment support for those who they are unable to
redeploy. MSD’s regional teams can meet with people individual y, or as a group if you have a
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large number of workers who may want to hear about the support MSD can provide before
engaging with MSD one-to-one. If you get permission from your workers to pass on their details
to MSD, we can make direct contact with them to discuss their individual situation and options.
Email [email address] to be connected with the team in your region.
MSD also works closely with Te Kawa Mataaho, the Public Service Commission through its
Workforce Mobility Hub to support public sector employees to identify other potential jobs
within the public sector in their area that match their skil s and interest. Public Service employers,
who have unvaccinated workers who are unable to be redeployed or reach agreement do have a
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requirement to engage with the Public Service Commission.
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How can I raise other questions?
You can send additional questions to [email address]
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Appendix 5 – Exception and exemptions process map
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Appendix 6 – Who is covered by the Order?
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Note that PCBUs/Employers may also conduct a risk assessment to establish if other work, not covered by the Order should be performed by a vaccinated
worker.
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