Where did the Government get the law right and wrong with the Covid-19 response?

For those who are interested in public law, a very interesting paper by Dean Knight summarising the various court cases over the Covid-19 response. It details in which areas the Government won judicial reviews, and in which areas they lost. The TLDR version is:

  • Nationwide lockdown – legal
  • Statements by Ministers to stay home before health order was made – illegal
  • Refusal to allow applicants out of MIQ on compassionate grounds – illegal
  • gathering limits for churches – legal
  • MIQ – overall system ruled legal, but method of allocation ruled illegal
  • Refusal to allow self-isolation – illegal
  • Suspension of residency applications – illegal
  • Suspension of temporary visas for partners – legal
  • Approval of vaccine – interim order not granted but may have been found illegal so law changed to clarify (relates to process not substance)
  • Approval of paediatric vaccine – legal
  • Refusal to share vaccination data with Maori organisations – illegal
  • Vaccine mandates – most legal, but not Police, Defence Force and family carers

Hopefully we will not go through another pandemic anytime soon.

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