MBIE cracks down on food services 'testing boundaries' during coronavirus lockdown

Even food producers supplying our market are among them, 1 NEWS’ Kristin Hall reports.

Businesses are anxiously awaiting an update on what Level 3 rules will mean for them, but in the meantime, confusion about Level 4 rules means some businesses are dabbling in grey areas of operation.

Prime Minister Jacinda Ardern is expected to announce tomorrow which businesses will be able to open under Level 3, but as the current four-week lockdown rolls on, meal delivery enterprises are starting up which appear to be pushing the boundaries of the rules.

Wellington restaurant Egmont Street Eatery has had to close its doors to the public, but its commercial kitchen, The Catering Studio, has started up a new home delivery service.

Managing director Simon Pepping says his team is making meals like cottage pies, lasagnes, soups and apple crumbles, and doing contactless delivery to customers.

He says he's had verbal approval to do so from the Ministry of Business, Innovation and Employment, because he also supplies to Wellington supermarket Moore Wilson's.

"We were prepared to do whatever it took to keep operating, just to keep everyone in a job," he told 1 NEWS.

"We started this up on Saturday, but we had been planning to do something like this for a period of time once we knew about the lockdown. 

"As we launched it we had 20-plus orders straight away. Today's a really big day. I think there's about 40 deliveries going out and I think that's just the tip of the iceberg really."

But Paul Stocks, who's the deputy chief executive of labour, science and enterprise at MBIE, says generally, chilled prepared meals aren't allowed.

"Cooked, prepared, processed food isn't allowed to be delivered even if it's been chilled because that meets the definition of a takeaway," he says.

That's why Kiwis haven't been able to get their favourite meals via Uber Eats during lockdown, but MBIE says it's a different story if prepared meals are frozen rather than chilled.

"The delivery of frozen meals is allowed during Alert Level 4, as opposed to the delivery of chilled meals," MBIE says, but that may come as a surprise to the many food businesses which haven't been operating at all during Level 4.

Another point of confusion is that many businesses 1 NEWS has spoken to, including Egmont Street Eatery, have sought approval from the Ministry for Primary Industries to operate, but MPI isn't in charge of essential services.

In a statement, MPI said its work is to "verify essential primary sector businesses to ensure they have safe practices in place that protect workers and the public by limiting interactions and reducing the potential spread of Covid-19".

"These verifications do not include the retail or restaurant sectors. We are clear in our communications with primary sector businesses that if they are not an essential service, they should already be closed.

"MPI does not assess whether a business is essential."

MBIE says it's had around 20,000 emails from businesses regarding the lockdown rules and has had to tell hundreds to close.

It says the rules are being developed and being clarified as the lockdown progresses, but may not have been clear at the start because the rules had to be created in a matter of days.

"I think a vast majority of Kiwis and firms want to do the right thing and figure out what rules are. A very small proportion like to test the boundaries. When those boundaries are made clear to them, they do the right thing," Mr Stocks said.

"We had to shut down the economy and keep essential services so that the lockdown and successful prevention of transmission of Covid-19 could take place successfully."

BusinessNZ says it's vital that it's made clear who can do what in tomorrow's announcement regarding Level 3, but that businesses shouldn't operate if there is a question over whether they are essential. It says businesses flouting the rules could mean more community transmission and a potential extension of Level 4.

One person who's been particularly concerned about that is Humphrey Hanley, a disability advocate.

He's got a rare skin condition and says for people who are more at-risk during a pandemic, it's been frustrating to see some businesses "seeking loopholes", like a grocer in his neighbourhood which stayed open to the public well after it was supposed to shut.

"I guess the question is, are they an essential service? Do they need to do this even if they can do it cleanly and safely? They're still another business that's open which is another vector into people being exposed and communities being put at risk and bubbles being broken," he said.

He says those with disabilities and chronic health conditions are going to be in isolation a lot longer than much of the rest of the population, because of the heightened risk to their health, and they'd prefer to get out of Level 4 sooner rather than later.

"I think a lot of the things people are worried about is the risk we're going to be stuck in his situation even longer, those of us who are at risk aren't banking on being able to get out anytime soon. We'd really like to be able to get out and enjoy a latte."

Mr Stocks says while MBIE hasn't yet fined any businesses for continuing to operate when they shouldn't, there's a lot of "social pressure" on businesses to do the right thing.

"I don't think it's a case of just trusting firms to do the right thing. There is a lot of social pressure, if you continue to do the wrong thing there'll be consequences."


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