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Covid-19 Response: New Legal Framework As Move To Alert Level 2 Considered

A new law providing a legal framework for Covid-19 Alert Level 2 will be introduced and debated next week.

“The changes will ensure that controls on gatherings of people and physical distancing are still enforceable,” Attorney-General David Parker said.

Enforceability to date has relied on the Epidemic Notice, the Health Act and the Civil Defence Emergency Management Act.

There will be fewer restrictions under Alert Level 2 but those remaining still need to be enforceable. We don’t want these narrower controls to rely on a National State of Emergency.

“I would reiterate what the Prime Minister has said: There has been no gap in the legal underpinning or in the enforcement powers under the notices that have been issued under Level 3 and Level 4. This change is not retrospective and does not need to be.

“All notices that have been issued are in the public domain, as is the legislation upon which they are based.”

Recent speculation that the Government’s legal advice had thrown doubt on the police enforcement powers under Level 4 is wrong. That speculation is based on draft views provided to agencies for feedback. That was not the considered advice of Crown Law, which was that there was no gap in enforcement powers.

The new law will also:

  • Recognise the centrality of health factors in the measures we need to take; 
  • Provide that the Minister of Health become the decision maker on the advice of the Director-General of Health; 
  • Provide a transparent basis for how the rules will work and how they can be enforced; 
  • Also provide for economic and social factors to be taken into account in determining appropriate measures.

“The country has achieved considerable success in addressing the Covid-19 threat. We have all given up some our liberties as we have worked together to save thousands of lives. As we reduce strictures and restore freedoms, we expect the vast majority of New Zealanders will continue to comply voluntarily with the necessary measures at all Alert Levels, but as we have consistently said, we will enforce the rules where there is serious non-compliance.”

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