The COVID-19 Public Health Response (Alert Degree Requirements) Order (No 9) 2021 (Order) took effect at 11:59 p.m. on August 17, 2021, bringing New Zealand to the toughest level of ‘lockdown.’
The Order was issued in line with Section 9 of the COVID-19 Public Health Response Act 2020 (Act) under Section 11 of the Act.
Last year, the essential businesses list, which was published on the covid19.govt.nz website, was often changed, causing some uncertainty. The idea of a “vital business” has been replaced with a more prescriptive list of “Alert Level 4 businesses or services” this time around. All these are stated in the Order, and we do not anticipate seeing the same number of modifications or updates during Alert Level 4. Having said that, the Government’s “Doing Business at Alert Level 4” guideline includes extra information not found in the Order itself.
Businesses must close during Alert Level 4 unless they are an “Alert Level 4 business or service” that is “functioning in accordance with the Alert Level 4 requirements.” Schedule 2 of the Order lists 30 kinds of “Alert Level 4 companies or services” that can continue to operate. Schedule 2 defines if customers/clients are permitted in workplaces, whether a reduced (i.e., 1-metre) physical distance requirement applies and any other extra conditions for each group. This is subject to other exceptions (see further below).
Having non-essential companies open during Alert Level 4 increases the likelihood of transmission since workers move in and out of their home bubbles, linking bubbles and so extending the possible chain of infection. We advise businesses to carefully examine whether they actually need to be functioning and what the bare minimum of activities is.
If your business is an Alert Level 4 business or service and your workers are unable to work from home, they can come to work as long as you follow health and safety requirements. If you are unable to satisfy your health and safety requirements, your workers will be unable to come to work, and your workplace will be forced to close. You can’t apply to be an Alert Level 4 business or service.
Guidance on the covid19.govt.nz website has clarified that, of the 30 categories listed in Schedule 2, only the following businesses can open to the public and have customers on their premises.
- supermarket, dairy or food bank
- pharmacy
- liquor store (only Licensing Trust stores in the 4 Licensing Trust Areas with a monopoly can sell alcohol)
- petrol station
- self-service laundry
- hardware store, for trade customers only
- health service, or an entity involved with the deceased or producing health sector materials
- accommodation service
- court or tribunal
- social and community-based service to maintain critical wellbeing or crisis support
- emergency service
- Parliamentary services
- transport and logistics service, including passenger transport by road, rail, air or sea
- school hostel.
Exemptions
The Order does not prevent a business continuing “minimum basic operations” (which is not defined in the Order) required to:
- maintain the condition or value of, or clean, the premises, or any plant, equipment, or goods in the premises;
- care for animals;
- receive stock or freight (including livestock);
- enable workers to work, or to continue to work, remotely from their homes or places of residence.
It also does not prohibit businesses preparing the premises for opening (and to meet public health guidance).
Physical distancing requirements for Alert Level 4 businesses or services
The Order establishes physical separation rules of one and two metres. Alert Level 4 businesses or services must have procedures in place to ensure that all personnel follow the 1-metre physical separation guideline (rather than the 2-metre physical distancing requirement). The business or service, on the other hand, must have mechanisms in place to guarantee that the 2-metre physical distance guideline is followed by any other people entering the workplace.
Support for business
For more information visit: https://covid19.govt.nz/business-and-money/businesses/doing-business-at-alert-level-4/
https://www.legislation.govt.nz/regulation/public/2021/0210/latest/LMS536804.html