SECOND SCHEDULE
Regulations 2(1), 12(2), 22, 25(1) and (3)
COVIDSAFE capacity
Part 1
First column
Second column
Place
Maximum number
1.A relevant retail mall.
The higher of the following:
(a)1,000;
(b)the number (rounded up to the nearest whole number) resulting from dividing by 10, the total floor area of the place attributable to the retail shops.
2.A place where the provision of an authorised service is conducted where any customer of the authorised service engages or is likely to engage in any unmasked activity in the place, but not a special authorised service or an authorised service covered by item 3, 4 or 5.
The number of customers of the authorised service that can be present within that place if —
(a)every customer is allocated into authorised cohorts of 5 or fewer individuals each; and
(b)every customer maintains a physical distance of at least one metre from every other customer present in the same place but is outside of their respective authorised cohorts.
3.An indoor physical recreational facility or other place where an education business is conducted and where any customer taking lessons, coaching or instruction in any sporting activity in the place.
The lower of the following:
(a)either —
(i)30 individuals (whether or not a customer) if no customer in the class is an uncleared junior; or
(ii)5 individuals (whether or not a customer) if any customer in the class is an uncleared junior;
(b)the number of individuals worked out according to item 2.
4.Any other place where an education business is conducted and where any customer taking lessons, coaching or instruction engages or is likely to engage in singing or playing a wind musical instrument.
(a)50 individuals (whether or not a customer) if no customer in the class is an uncleared junior; or
(b)5 individuals (whether or not a customer) if any customer in the class is an uncleared junior.
5.Any other place where an education business is conducted and where any customer taking lessons, coaching or instruction engages or is likely to engage in any unmasked activity in the place not mentioned in item 3 or 4.
The lower of the following:
(a)50 individuals (whether or not a customer);
(b)the number of individuals worked out according to item 2.
Part 2
First column
Second column
Place where event conducted
Maximum number
1.A place where a Part 3 private social event or a defined event is conducted —
(a)at which any participant of the event does not engage in any unmasked activity in the place; and
(b)that has fixed seating for participants of the event, or approval under section 55 of the Fire Safety Act 1993 relating to that place, or both,
 subject to items 3 and 4.
The higher of the following:
(a)1,000;
(b)50% of either (at the option of the occupier of the place) of the following, rounded up to the nearest whole number:
(i)the maximum number of individuals specified in the most recent approval under section 55 of the Fire Safety Act 1993 relating to that place;
(ii)the number of seats or individual seating positions (for bench seating) from the fixed seating provided.
2.A place where a Part 3 private social event or a defined event is conducted, where any participant of the event engages or is likely to engage in any unmasked activity in the place, subject to items 3 and 4.
The number of participants of the Part 3 private social event (other than a solemnisation of a marriage) or defined event that can be present within that place if —
(a)every participant is allocated into authorised cohorts of 5 or fewer individuals each; and
 
(b)every participant maintains a physical distance of at least one metre from every other participant present in the same place but is outside of their respective authorised cohorts.
3.A place of residence where a solemnisation of marriage is conducted.
The total number worked out by adding items (1), (2) and (3) below:
(1)The higher of the following:
(a)8 guests of the solemnisation (who may or may not be ordinarily resident in that place of residence) and the parties to the marriage;
(b)5 individuals who are not ordinarily resident in that place of residence (who may include any party to the marriage) and any other individuals ordinarily resident in that place.
(2)Any celebrant by whom the marriage is or is to be solemnised.
(3)Any permitted enterprise (and its permitted enterprise workers) engaged in providing any special authorised services in connection with the solemnisation.
4.A place of residence where a funeral event is conducted.
30.
5.A place where a customer-facing business event is conducted and at which any participant of the event does engage in any unmasked activity in the place, but not a routine business event.
50.
6.A place where a non‑customer facing business event is conducted and at which any participant of the event does engage in any unmasked activity in the place.
50.
Part 3
1.—(1)  In relation to the COVIDSAFE capacity of a relevant retail mall, a reference to the customer is a reference to a customer within the retail common area of the relevant retail mall.
(2)  To calculate the COVIDSAFE capacity of a relevant retail mall —
“floor area” has the meaning given by rule 2(1) of the Planning (Development Charges) Rules (R 5);
“lettable retail area”, for any relevant retail mall, means the floor area of all of the following in those premises:
(a)the area used, or intended for use, by the owners or lessees of retail shops in the permitted premises in relation to the conduct of their retail businesses in their retail shops in those premises, including any area that is part of common property which an owner or lessee of a retail shop has a right to the exclusive use of the area;
(b)so much of the area of the permitted premises as are designed and available for use in carrying on the business that is, or will be, carried on at a retail shop.
2.  The floor area of the permitted premises attributable to the retail shops is —
(a)the total of all the lettable retail area in the permitted premises, and the floor area of the retail common areas; less
(b)the floor area of all car parking and roof terraces within the premises.