COVID-19 Public Health Response (Vaccinations) Order 2021
26 Offences relating to compliance with orders
A person commits an offence if the person intentionally fails to comply with a COVID-19 order.
A person who commits an offence against subsection (1) is liable on conviction to—
imprisonment for a term not exceeding 6 months; or
a fine not exceeding $4,000.
A person commits an infringement offence if the person does anything specified as an infringement offence in a COVID-19 order.
A person who commits an infringement offence is liable to—
an infringement fee of $300; or
a fine imposed by a court not exceeding $1,000.
Section 26(1): amended, on 6 August 2020, by section 10 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).
Section 26(3): amended, on 6 August 2020, by section 10 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).
13 Infringement offence
Transitional, savings, and related provisions
Groups of affected persons and relevant requirements
13 Infringement offence
A breach of clause 7, 8, 10, or 11 is an infringement offence for the purposes of section 26(3) of the COVID-19 Public Health Response Act 2020.
7 Duty of affected person not to carry out work unless vaccinated
An affected person must not carry out work or otherwise conduct an activity at a place unless they are vaccinated.
8 Duties of relevant PCBUs in relation to vaccinations
A relevant PCBU must not allow an affected person to carry out work or otherwise conduct an activity at a place unless satisfied that the affected person is vaccinated.
A relevant PCBU—
must notify each affected person of their duty to be vaccinated; and
must not prevent the affected person from reporting for, and undergoing, vaccination during their working hours, if vaccinations are available during those hours.
10 Duties of relevant PCBUs regarding vaccination status
The relevant PCBU must—
ask the Ministry of Health to confirm whether an affected person is vaccinated; or
access the register specified in clause 12 to confirm whether the person is vaccinated.
The relevant PCBU must notify the affected person that—
the affected person has a duty to be vaccinated; and
the relevant PCBU has checked the affected person’s vaccination status under subclause (1).
The relevant PCBU must, as soon as practicable, notify the Ministry of Health—
of any change reported to the relevant PCBU under clause 11:
that a person that the relevant PCBU has engaged or employed has ceased to be an affected person for the relevant PCBU.
11 Duties of affected person regarding vaccination status
An affected person who is to carry out work at a place—
must allow the relevant PCBU to access any records regarding the COVID-19 vaccination status of the affected person that the Ministry of Health may have:
must notify the relevant PCBU of any change in their vaccination status as soon as practicable, including t