World

Court finds New Zealand’s Covid-19 border rules unlawful

System stripped citizens of their right to return home, it says

Updated 4 years ago · Published on 27 Apr 2022 6:30PM

Court finds New Zealand’s Covid-19 border rules unlawful
Justice Jillian Mallon says the New Zealand government’s failure to take into account the people’s specific needs meant the government had acted unlawfully, unreasonably and in breach of the Bill of Rights that states every New Zealand citizen has the right to enter New Zealand. – Wikimedia Commons pic, April 27, 2022

WELLINGTON – New Zealand’s government acted unlawfully in operating its Covid-19 border controls, a court ruled today, saying the system had stripped citizens of their right to return home.

In a 140-page written decision, justice Jillian Mallon said the managed isolation and quarantine process did not allow personal circumstances to be sufficiently considered and prioritised.

Justice Mallon found that the system itself was a critical component of the coronavirus elimination strategy.

But she said its failure to take into account people’s specific needs meant the government had acted “unlawfully, unreasonably and in breach of the Bill of Rights that states every New Zealand citizen has the right to enter New Zealand”.

The challenge to the high court in Wellington was brought in February by the “Grounded Kiwis”, an advocacy group that had lobbied for the restrictions to ease.

It argued New Zealanders offshore had been stripped of their rights and some had become traumatised by failed attempts to return home.

Its challenge focused on the restrictions in place over the period from September 1 to December 17 last year.

Demand for places in the country’s limited isolation and quarantine hotel rooms significantly outstripped supply during that period, meaning thousands missed out on places in the lottery-based booking system.

Passport numbers were entered into “virtual lobbies”, with only a small percentage granted a room if successful.

Examples highlighted during a judicial review included a woman who was left stranded overseas, unable to return home to bury her only son when he died from a medical event.

Another was unable to be there while her son underwent cancer treatment.

The isolation and quarantine requirements were scrapped for all returning New Zealand citizens in mid-March.

Crown lawyer Aedeen Boadita-Cormican defended the system in court and said it was created as a protection that was fair to all New Zealanders at home and abroad under extreme circumstances. – AFP, April 27, 2022

Related News

Malaysia / 2mth

Malaysian doctor couple saves passenger from allergic shock mid-flight

Malaysia / 2y

Single border agency from May 1, says Anwar

Culture & Lifestyle / 2y

Some of New Zealand’s finest at “Made with Care” campaign

Malaysia / 2y

New Zealand governor-general arrives in Malaysia for four-day state visit

World / 3y

No Malaysians reportedly involved in Auckland shooting: Wisma Putra

World / 3y

New Zealand tour firm pleads guilty to volcanic eruption charges

Spotlight

Malaysia

After Johor, the uncomfortable question for Anwar’s critics: Were we too impatient?

By The Vibes Says

Malaysia

Network School's business licences revoked, to cease operations tomorrow

Opinion

Orang Asli in Pahang: Token gestures or genuine recognition?

Malaysia

Tuition teacher sentenced to 105 years in prison and 70 lashes for raping daughter

Malaysia

Azam Baki denies involvement in RM178.29 million contract linked to brother’s company

Malaysia

Aminuddin urges NS voters to weigh manifesto promising benefits for M40 and B40 groups

Malaysia

No need to resign, PM has absolute power if there is doubt – Ahmad Zahid

World

Gaza’s water crisis deepens as families face thirst, disease and collapsing sanitation systems

You may be interested

World

US launches ninth consecutive night of strikes on Iran as regional tensions escalate

World

Andy Burnham takes office as UK PM, vowing to 'rewire' Britain and tackle cost-of-living pressures

World

UN report warns online scams in Asia-Pacific caused up to US$114 billion losses last year

World

Gaza’s water crisis deepens as families face thirst, disease and collapsing sanitation systems

World

Saudi Arabia rejects Houthi maritime blockade threat, vows to protect shipping

World

Thailand raises concerns with China over Cambodia tank delivery amid fragile ceasefire

World

US military death count in Iran war rises to 17 as drones, missiles and air ops take on deadly toll