The New Zealand Government recently lifted its “Level 4” COVID-19 restrictions. Significant restrictions, including coercive powers restricting basic liberties, remain active. Parliament’s Epidemic Response Committee is now planning to issue summonses for the production of legal advice given to the Government for these extraordinary measures. This advice is covered by legal professional privilege, which can be waived by the Government. This note explores the current context of scrutiny of the lawfulness of New Zealand’s lockdown measures, and what could (and should) be done by Parliament, if the Government refuses to waive its privilege.
New Zealand’s lockdown and questions about its lawfulness
The legal status and lawfulness of New Zealand’s lockdown restrictions has recently been discussed on this Blog by Professors Andrew Geddis and Claudia Geiringer. In summary, the Government acted under legislation covering national epidemic and emergency responses, to activate emergency powers, including those conferred to medical officers under…
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Utopia, you are standing in it! 
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