First days of New Zealand's coronavirus lockdown were unlawful but 'necessary', court finds

A legal challenge to New Zealand's initial COVID-19 lockdown has been partially successful.

In this Saturday March 21, 2020 file photo, New Zealand Prime Minister Jacinda Ardern holds up a card showing a new alert system for COVID-19

In this Saturday March 21, 2020 file photo, New Zealand Prime Minister Jacinda Ardern holds up a card showing a new alert system for COVID-19 Source: AP

New Zealand's High Court has found the first nine days of the country's COVID-19 lockdown were partially unlawful but completely understandable.

Laywer Andrew Borrowdale's case against the government was considered in July, with a decision handed down on Wednesday.

A full bench of three judges waved away a string of complaints made of the lockdown's legality.

Legal challenges made against government orders which closed non-essential New Zealand businesses, prohibited congregation and enforced self-isolation all failed.

However, the High Court found authorities erred on one ground; not placing their initial request for Kiwis to stay in their household "bubbles" in law.

The court's declaration found the requirements to be "necessary, reasonable and proportionate" to COVID-19 but "not prescribed by law and was therefore contrary to S5 of the New Zealand Bill of Rights Act", which grants the rights to freedom of movement, assembly and association.
Attorney-General David Parker said the government had to act fast, and fixed the "imperfection" with the new order and there would be no practical consequences to the finding.

"We've got no plan to pass (retrospective) validating legislation," he said.

"It's good that the Crown has won from our perspective all of the most important points.

"There were 15 charges that were laid under the Health Act during that first nine days ... none of them were for offences that were affected."
The government cleaned up its legal mess on 3 April with the issuing of a new order made under the powers of the Health Act.

"I have heard some people say (this challenge) was a waste of time and money but I think these are very important issues," Mr Parker said.

"I like to win everything in court but we respect the rights of the courts ... we're yet to determine whether we will appeal."

People in Australia must stay at least 1.5 metres away from others. Check your state’s restrictions on gathering limits. 

If you are experiencing cold or flu symptoms, stay home and arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080. 

News and information is available in 63 languages at sbs.com.au/coronavirus


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Source: AAP, SBS


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First days of New Zealand's coronavirus lockdown were unlawful but 'necessary', court finds | SBS News