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Mandatory record keeping at hospitality businesses

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All workplaces and businesses legally must display a NZ COVID Tracer QR code for each location. This applies at all levels of the protection framework. If you don’t have a QR code already, you can get one here: Official NZ COVID Tracer poster site (covid19.govt.nz).  Scanning customers “My Vaccine Pass” is not a replacement for the Covid Tracer sign in.

What you need to get the QR code for your business: 

  • The name and address of your place. 
  • An email address to send the QR code poster to. 
  • After-hours contact details for someone responsible for this place. 

If you are creating a poster on behalf of a business, you will also need:  

  • Your NZBN. 
  • A current NZ driver’s licence. 

On 22 August 2021, the Government announced that mandatory recordkeeping was being introduced for busy places, including in hospitality businesses, and at events to ensure the Government can contact trace quickly. 

This requiremnt still stands in Cocid-19 Protection Framework coming into place on 3 December 2021

This means those responsible for businesses and events will need to ensure people keep a record when they visit. This can be done by scanning QR codes with the NZ COVID Tracer app or making a manual record.

Including: cafes, restaurants, bars, casinos and concerts, aged care, healthcare facilities (excluding patients), barbers, exercise facilities, nightclubs, libraries, courts, local and central government agencies, and social services providers with customer service counters.

Obligation on the business

While the obligation will be ‘borne by the person responsible for a place or gathering’, our discussions with Government have been clear that there is not an expectation that you, or your staff, will need to become enforcers. You are required to have systems and processes in place to ensure, so far as is reasonably practicable, that people scan the QR code or provide details in a contact tracing record. You’ll need to have both the QR code poster and an alternate record keeping system available (for those that can’t scan in). The Poster must be accessible in at least more than one place.


FaQ’s

Q. Why is this happening? This will ensure at all Alert Levels that close-contact businesses and locations which are allowed to be open, and which are at higher-risk of transmission of COVID-19 occurring when there are cases in the community, have good systems in place enable people to record their visit. Good record keeping supports faster communication with those who are identified as contacts of a positive case.

Q. Who is responsible? The obligation to meet record keeping requirements sits with the person responsible for the business or location. This person is responsible for taking steps to ensure that a record is kept and they will need to have systems and processes in place to ensure, so far as is reasonably practicable, that people can scan the QR code for the place or gathering or provide details in a contact tracing record. 

Q. What do businesses, locations need to do? Relevant businesses and locations will be responsible for making sure people record their visit, where practicable.

Q. What does it mean to ‘record a visit’? This can be done by scanning QR codes with the COVID-19 Tracer App or making a manual record, either by providing details using the method available when at a business or location which may including writing your details down. You also can keep your manual record of where you have been and when, either in the COVID-19 Tracer App or by keeping a list elsewhere. Ideally you would keep a digital copy of this list to ensure you have a backup.

Q. What is the best way to record visits? Using the COVID-19 Tracer app is best. This is particularly valuable for when contact tracing needs to occur as it provides accurate locations and timings for visits and helps speed up contact tracing efforts. Remember from now on, scan in wherever you go. Out and about? Before you walk through the door. Don’t forget to scan in. It’s a simple action that could make a massive difference.

Q. Do businesses and locations need to display QR codes for scanning? Yes, this is a legal requirement under the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021. There are some exemptions including public transport providers and transport terminals such as airports and bus stations. 

Q. How long do businesses need to keep a record of someone visiting them for? The Office of the Privacy Commissioner provides guidance on how long businesses should keep the information in their COVID-19 guest register for and advises on methods on how to keep this information private e.g. using a ballot box to keep personal information secure and private. More information will be available on the Unite Against COVID-19 website.

Q. What enforcement will be in place? If a person responsible for a business or location has failed to meet record keeping requirements they are committing and offence and may be liable to conviction and or a fine not exceeding $4,000 or term of imprisonment of up to 6 months. Failing to display a QR code will continue to be an infringement offence carrying an infringement fee of $300 or court imposed fine not exceeding $1,000.

Q: Why are some businesses/locations included in the requirement and others are not? While record keeping is encouraged everywhere, and all businesses are required to display QR codes, some businesses are excluded from this new requirement to ensure everyone scans in. Some of these businesses already have measures in place to ensure people scan in, and there are others for which it is not practical to ensure everyone scans in.

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