Andrew Geddis and Claudia Geiringer: Is New Zealand’s COVID-19 lockdown lawful?

It is ironic that the lockdown is most likely unlawful. The Prime Minister has an Henry VIII clause style power to modify any law to assist in fighting the pandemic. She could have easily added to the powers of the Director General of Public Health to quarantining everyone and place except those he chose not to.

UKCLA's avatarUK Constitutional Law Association

The New Zealand Government’s “go hard, go early” response to the COVID-19 pandemic has garnered widespread praise – both in New Zealand and internationally. On March 25, less than four weeks after New Zealand’s first COVID case was diagnosed, the country was put into a state of “Level 4 Lockdown”, reducing social and economic life to a bare minimum. Everyone was instructed to stay at home, except for limited “essential” purposes (in short, supermarket shopping, essential medical treatment, and brief localised exercise such as a walk or a run). All businesses were closed, except for those providing “essential” services. Physical proximity to those not in a person’s residential “bubble” was prohibited.

These measures undoubtedly have been effective, with the country now on a path to eliminate the virus. For that reason, it is perhaps not surprising that discussion of their legal status has been muted. Nevertheless, questions surrounding…

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