Yesterday was DAY 42 of New Zealand in lock down as we fight the COVID19 pandemic.
This is a short article. For several days now A.C.T. Leader David Seymour has been pressuring the Government to release its legal advice on the legality of the lock down. Chair of the Epidemic Response Committee Simon Bridges has summonsed the Inspector General to appear before the Committee, something that has never been done by a N.Z. Parliament before.
Whilst the Government for reasons of transparency SHOULD release the legal advice unless advised not to, I do not think Mr Seymour is going to get the answer he was looking for. I now explain why.
The Government issued an Epidemic Notice on 25 March 2020 under Section 5(1) of the Epidemic Preparedness Act 2006. This cleared the way for a State of Emergency to be declared on the grounds of an epidemic. On the same day at 1221 hours a State of Emergency was put into force across New Zealand. The description of emergency in Section 4 of the C.D.E.M. Act 2002 includes epidemic.
Dr Ashley Bloomfield was exercising powers that were accorded under Section 70(1)(m) of the Health Act 1956, which was triggered by the declaration of the State of Emergency at 1221 hours 25 March 2020. I have seen notices published per 70(1)(m) in my local newspaper regarding the Civil Defence emergency. Others said they heard about it through radio and/or saw it on television.
The measures permitted under the above, include shutting down premises/locations/regions as required.
In other words I do not see anything in the legislation that Dr Bloomfield or anyone else may have exceeded.