Another Spectrum

Personal ramblings and rants of a somewhat twisted mind

“Necessary, reasonable and proportionate”, but unlawful

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That’s the opinion of the High Court of New Zealand after a legal challenge to the COVID-19 lockdown. The challenge was only partially successful, in that the court found that all but one of the orders made in regard to the lockdown were lawful. What was not lawful was the “stay at home” order.

The Court concluded that:

By various public and widely publicised announcements made between 26 March and 3 April 2020 in response to the COVID-19 public health crisis, members of the executive branch of the New Zealand Government stated or implied that, for that nine-day period, subject to limited exceptions, all New Zealanders were required by law to stay at home and in their “bubbles” when there was no such requirement. Those announcements had the effect of limiting certain rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990 including, in particular, the rights to freedom of movement, peaceful assembly and association. While there is no question that the requirement was a necessary, reasonable and proportionate response to the COVID-19 crisis at that time, the requirement was not prescribed by law and was therefore contrary to s 5 of the New Zealand Bill of Rights Act.

It’s important to note that the court recognised that while the government did have the authority to make such regulations, it did not in fact make them. That was corrected in regulations made nine days into the lockdown that did make the “stay at home” order lawful

For those interested in in the details of the court’s decision, a High Court media release can be found here (PDF), and the full judgment can be found here (PDF).

Author: Barry

A post war baby boomer from Aotearoa New Zealand who has lived with migraines for as long as I can remember and was diagnosed as being autistic aged sixty. I blog because in real life I'm somewhat backwards about coming forward with my opinions.

One thought on ““Necessary, reasonable and proportionate”, but unlawful

  1. I was more than happy to stay at home during our lockdown. I don’t really like other people all that much, anyway. Really.

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