Face mask exemptions

Face mask exemptions – new process announced 27 April, for implementation 31 May Recent commentary may have made it difficult to differentiate between the current Communication Card people can apply for (until 30 May) and the Government’s, recently announced, new process for obtaining a face mask Exemption Pass (from 31 May). The new exemption process is designed to make accessing businesses and services easier for exempt people and reduce problems faced by businesses.

Communication Card current process until 30 May - A “Communication Card” from the Ministry of Health can be shown when accessing businesses and services, saying the holder does not have to wear a mask. People can apply for a Communication Card online by selecting from a range of options as to why they cannot, or choose not, to wear a mask. Under the Covid Protection Framework Order, the only option that qualifies them for exemption is that they have a physical or mental illness, condition, or disability that makes wearing a face covering unsuitable. Those who complete a form and state that this option applies to them will receive a Communication Card. Advice is offered to people who select any of the remaining options that do not qualify them for an exemption.

The Ministry will stop issuing Communication Cards after 30 May, but people who have obtained a card by that date can continue to use it if they wish to. However, people will be encouraged to apply for the new Exemption Pass because the pass will be individualised and provide conclusive legal evidence of a person’s exempt status, which the current Communication Cards do not.

New Exemption Pass available from 31 May - Following thorough review, the Government announced that a new personalised face mask exemption pass with an application process requiring a legal declaration, will be available through the Ministry of Health website or phone line from 31 May. There will be no charge for the passes, and they will be issued on the basis of self-declaration.

The Exemption Pass will be issued to the individual named on the pass, which will be anchored to that person’s NHI number. This is a check against misuse. Applying for an Exemption Pass will be straightforward. People will be able to apply via the Ministry of Health website, and there will also be a free 0800 number which people can use if they require assistance.

When presented, the pass will provide conclusive legal evidence of that person’s legitimate exemption under the Covid-19 Public Health Order 2021. People will not have to provide additional evidence, such as a medical certificate. This makes the new Exemption Pass much more legally robust than the existing Communication Cards.

The new process is designed to support affected communities and businesses by removing any ambiguity as to whether a person is legally required to wear a face mask on a business’s premises.

Businesses will continue to have a right to exclude customers from their premises on the grounds of their behaviour where this is threatening, rude or disruptive.

Leading up to 31 May a social awareness campaign will be run to help educate businesses and the public about their legal responsibilities, the application process and to reinforce the reasons behind some people’s need for an exemption.

Please contact Bruce Asher - Principal Policy Advisor, COVID-19 Policy at Bruce.Asher@health.govt.nz for information or discussion.