21 September 2021
Reference: IR-01-21-26352
Wil Maynard
[FYI request #16563 email]
Dear Will
I am writing in response to the email you submitted on 29 August 2021. Your request has
been considered pursuant to the Official Information Act 1982 (the Act). Specifically, you
requested:
Please advise under what law or right you have to arrest/fine someone if they have an
exemption under the Covid19 public health response (Alert level requirements) order 2020
regarding face masks.
The COVID-19 Public Health Response Act 2020 establishes a legal framework for
managing the ongoing response to COVID-19 at al Alert Levels and establishes an
infringement regime for certain breaches.
A person who has an exemption from the Health Order requirement to wear a face
covering, in certain locations or situations, wil have a defence to any prosecution.
If a person is exempt from wearing a face covering and produces an exemption card,
they wil not be issued with an infringement notice.
I trust that you are satisfied with my response to your request. If not, you have the right
under section 28(3) of the Act to ask the Ombudsman to seek an investigation and review
of my decision.
Yours sincerely,
Superintendent Eric Tibbott
Director: Community Partnerships & Prevention
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz