The Ministry of Health will from the end of May begin issuing new "legally recognised" mask exemption cards to remove uncertainty about who has a legitimate reason not to wear one.
COVID-19 Response Minister Chris Hipkins on Wednesday said the new cards will provide evidence that a person is exempt from the requirement to wear a mask, removing uncertainty that businesses have been dealing with.
"We've recognised that for some people an impairment, health conditions, a physical disability or mental health reasons can mean wearing a mask isn't possible," Hipkins said.
"These reasons aren't always obvious or easy to explain and that's left some New Zealanders who're genuinely unable to wear a mask not being able to access the businesses and services they normally would.
"It also meant uncomfortable situations, with people needing to explain private health information to strangers, when they're trying to do basic tasks like shopping. We've worked hard to find a solution which avoids this.
"The new process will be administered by the Ministry of Health and allows people who can't wear a mask to get a personalised card to help them access businesses and services where wearing a mask is required."
The new cards will replace the current ones that are not legally recognised. Until now, anyone could exempt themselves from wearing a mask, which Hipkins recognised has led to implications for the likes of retailers trying to enforce the rules.
"Sadly, in attempting to verify whether people are genuinely exempt, workers - especially those in retail settings such as supermarkets - have experienced escalating and unsafe behaviour from some customers," Hipkins said.
"This new process gives assurance that when someone presents this card, they're genuinely exempt. COVID-19 Orders will be amended to provide that the new card is conclusive proof that someone is exempt."
From the end of May, people will be able to apply for a card through the Ministry of Health website and it will be issued to them digitally or by post.
"An 0800 call free number will be available, and it'll also cater for those who need interpreter or translation services when requesting their card," Disability Issues Minister Carmel Sepoloni said on Wednesday.
"It's important we all understand that for some people wearing a face mask is difficult. This includes people with physical, intellectual or mental health impairments, and people (such as some victims of violent crime) who have experienced past trauma," Sepuloni said.
"Those people should still have the same right as others to access goods and services.
"What's been developed through extensive consultation is a balanced approach which is accessible for exempt people, gives businesses certainty and also makes it harder for others who might try to undermine the process."
As the new cards will be legally recognised, anyone who questions them will be at risk of triggering the duties and obligations under the Human Rights Act that protect disabled people.
Those who fraudulently misuse the process will be in breach of the COVID-19 (Public Health Response) Act, which the Government amended last year to significantly increase fines.
Masks are one of the few remaining COVID-19 rules after the Government earlier this month shifted New Zealand to the orange traffic light setting of the COVID Protection Framework.
The move to orange ended indoor capacity limits as well as the requirement for hospitality guests to be seated and separated. But mandatory face masks remain in place for retail, public transport, flights, healthcare, courts and public venues like libraries.
The next traffic light review is in mid-May.