(Section 36 and 37 of the Emergency Management Act 2007)
IN EXERCISE of the powers conferred by sections 36 and 37 of the Emergency Management Act 2007 and in recognition of;
A the declaration made by the World Health Organization of Novel Coronavirus (COVID-19) as a global Pandemic and is accelerating;
B the Public Health Emergency Order dated 13 March 2020 and the Declaration of an Emergency Notifiable Condition dated 13 March 2020 and the effort to prevent or minimize the spread of the Novel Coronavirus (COVID-19) within Tonga; and
C the Declaration of a State of Emergency dated 20 March 2020,
And upon the recommendation of the Minister responsible for Emergency Management, I HEREBY DECLARE this National Lockdown Notice (“Notice”) upon the following terms and conditions:
(1) This Notice shall be effective from 1:00am Sunday 29 March 2020 to 1:00am Sunday 5 April 2020 and shall apply to the areas specified in the Declaration of a State of Emergency dated 20 March 2020, unless further renewed.
(2) For the purposes of this Notice, unless the context requires otherwise – “authorised officers” means any person authorised by the Minister to exercise the emergency powers in accordance to section 36 of the Emergency Management Act 2007 and any person designated by the Minister of Health under the Public Health Act 2008;
“essential services” means services set out in Appendix A;
“Minister” means the Minister responsible for emergency management;
(3) All persons shall required to isolate at home, unless for the purpose of-
(a) Purchasing or supplying of essential consumer goods for their families;
(b) Obtaining medical supplies or seeking medical assistance;
(c) Access to banking and other financial services;
(d) Attending work as a member of an essential service provider, as set out in Appendix A.
(4) Night-time curfews shall apply from 8:00pm to 6:00am.
(5) The night-time curfew shall be enforced by the Tonga Police, His Majesty’s Armed Forces and relevant authorised officers.
(6) All domestic public transportation shall cease to operate except for those exempted under paragraph (12).
(7) All liquor licensed bars, restaurants, night clubs, retail bottle shops and liquor manufacturers shall be closed.
(8) All licensed businesses and business activities shall be closed except supermarkets and retail shops selling essential needs and those exempted under paragraph (12).
(9) All public facilities, events and gatherings such as education institutions, religious, kava clubs, bingo, sports clubs, gyms, sporting events and activities, celebrations of birthdays, marriages and other recreational or related gatherings shall be prohibited.
(10) A funeral gathering shall be restricted to a total of 10 people indoors and 20 people outdoors with an authorized officer to be present throughout.
(11) Tonga Police and His Majesty’s Armed Forces and any authorized officers for the purposes of securing public safety and maintenance of public health shall have the power to enforce this Notice.
(12) All essential services and related activities listed in Appendix A shall be exempted from the application of this Notice.
DECLARED at Nuku’alofa this 26th day of March 2020.
Honourable Reverend Dr. Pohiva Tu’i’onetoa
PRIME MINISTER
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APPENDIX A
ESSENTIAL SERVICES FOR THE PURPOSE OF THE NOTICE
I ESSENTIAL SERVICES UNDER THE ORDER IN PUBLIC PLACES ACT [CAP 37]
(a) the Ministry of Health;
(b) the Ministry of Police in the maintenance and preservation of law and order;
(c) a concessionaire under the Electricity Act;
(d) the Tonga Water Board;
(e) the Tonga Broadcasting Commission;
(f) all licensed telecommunications operators;
(g) the Ministry responsible for Civil Aviation in the operation of any airport;
(h) the Ministry responsible for Marine and Ports or the Ports Authority in the operation of any port;
(i) private Security Services; and
(j) persons employed by Government Ministries to perform security activities.
II ALL GOVERNMENT MINISTRIES, DIVISIONS AND AGENCIES UNDER THE PUBLIC SERVICE ACT 2002 AND REGULATIONS
III ADDITIONAL STATUTORY BODIES AND PUBLIC ENTERPRISES
(a) Tonga Red Cross Society;
(b) Tonga Fire and Emergency Services;
(c) Tonga Prisons;
(d) Tonga Power Limited;
(e) Waste Authority Limited;
(f) Tonga Communication Corporation;
(g) Tonga Cable Limited;
(h) Tonga Airport Limited;
(i) Ports Authority Tonga;
(j) Friendly Islands Shipping Agency;
(k) Tonga Gas Limited.
IV LEGISLATIVE ASSEMBLY UNDER THE LEGISLATIVE ASSEMBLY ACT [CAP.4]
V ALL ACCREDITED DIPLOMATIC POSTS RESIDENT IN THE KINGDOM AND THEIR STAFF
VI DEVELOPMENT PROGRAMMES
(a) Development Cooperation Programmes
(b) Defence Cooperation Programmes
(c) Tonga Police Development Programme Advisors
(d) World Bank
(e) Asian Development Bank
(f) United Nations Agencies (e.g. WHO)
VII ESSENTIAL SERVICES RECOGNISED BY THE NATIONAL EMERGENCY MANAGEMENT COMMITTEE
(a) Accommodation
Accommodation services for essential workers, isolation, quarantine and emergency housing, as well as guests already being accommodated.
(b) Border (Port of Entries)
Ministry of Revenue and Customs, Ministry of Foreign Affairs, Tonga Airport Ltd, Ports Authority and their support services.
(c) Building and construction
(1) Building and construction related to essential services and critical infrastructure.
(2) Building and construction required immediately to maintain human health and safety at home or work.
(d) Courts and Tribunals
(e) Essential consumer goods
Any entity or person involved in the supply, delivery, distribution and sale of food, beverage and other key consumer goods essential for maintaining the wellbeing of people.
It will not include restaurants, cafes or takeaway shops.
(f) Financial services
(1) National Reserve Bank of Tonga;
(2) Banks, insurers, retirement and pension funds and other financial institutions, including any entity that contracts or provides services to them.
(g) Health
(1) Pharmacies
(2) Private health and dental clinics
(h) National and local government
(1) Any entity involved in national, district and village level in the COVID-19 response, enforcement, planning or logistics or that has civil defence/emergency management functions (including any entity that supplies services for these purposes).
(2) All Government Ministries and agencies operating with essential staff capacity as authorized under an Emergency Response Plan.
(i) Food and non-alcoholic beverage production and processing
(1) Packaging, production and processing of food, fisheries, and non-alcoholic beverage products for domestic consumption and the operation of essential services.
(2) Support services, such as food safety and verification, inspection or associated laboratory services, food safety and biosecurity functions.
(j) Public safety and national security
Any person employed or contracted in a public safety or national security role including Tonga Fire and Emergency Services and Tonga Prisons.
(k) Social services
Services (including Non-Government Organisations) that provide welfare and social services to meet immediate needs, as certified by the Ministry of Internal Affairs and approved by the Minister.
(l) Transport and logistics
(1) Civil Aviation Authority, Tonga Maritime and Shipping, Tonga Meteorological Service, and any entity which is contracted by these entities.
(2) Transport services to support the essential services including cargo vessels and tankers.
(3) Services related to the maintenance and ongoing operation of critical infrastructure.
(4) Any entity providing services to keep vehicles operational for essential work purposes.
(m) Utilities and communications
(1) Any entity involved in the production, supply, sale distribution or disposal of electricity, gas, water, waste water (sanitation), waste (rubbish collection), fuel, telecommunication and cable services, and any entity that is contracted by these entities;
(2) News (including news production and broadcast media;
(3) Internet service providers;
(4) Any entity that provides maintenance and repair services for utilities and communications, including supply chains.