Read The Times Australia

Daily Bulletin

The law is clear – border testing is enforceable. So why did New Zealand's quarantine system break down?

  • Written by: Alexander Gillespie, Professor of Law, University of Waikato
The law is clear – border testing is enforceable. So why did New Zealand's quarantine system break down?

The anger and frustration at New Zealand’s border quarantine failure have been palpable.

Two women, recently arrived in New Zealand, were granted compassionate leave from quarantine to be with grieving family after a parent’s death. But they were not tested for COVID-19 before being allowed to travel the length of the North Island by car. Both later tested positive.

Since news of the failure broke, other examples of mismanagement and claims of an overly relaxed quarantine regime have emerged.

Having endured lockdown and now nursing an ailing economy back to life, the “team of 5 million” has not been forgiving. Nor has Prime Minister Jacinda Ardern, who directed her director-general of health to immediately suspend compassionate exemptions for anyone in quarantine.

Read more: 2 new COVID-19 cases in New Zealand, but elimination of community transmission still stands

The fact she has also called in the military to oversee quarantine facilities and strengthen border control speaks volumes. The deployment of our armed forces was always an option during the emergency. The government wisely chose not to do so in any highly visible way.

Now it’s different. But rather than being a move against non-compliant New Zealand citizens or visitors to the country, it’s a last resort in response to the failed bureaucracy that allowed the mistakes to happen.

Legal uncertainty is not to blame

While the specific point of breakdown in the chain of command governing quarantine management has yet to be pinpointed, one thing is beyond doubt: this is not a matter of legal uncertainties.

The powers of the government in times of infectious and notifiable disease are vast under the Health Act. With the paramount goal of protecting public health, the obligation to direct people for medical examination and contact tracing is clear.

If there was any doubt about those existing powers during the COVID-19 crisis, two other pieces of legislation cleared it up.

First, specific laws were introduced with the Immigration (COVID-19 Response) Amendment Act. This gave the government additional powers to add conditions to all forms of visas as is “reasonably necessary to manage the effects, or deal with the consequences, of […] COVID-19”.

Second, the much-disputed COVID-19 Public Health Response Act 2020 established orders that could be made to “require persons to refrain from taking any specified actions that contribute or are likely to contribute to the risk of the outbreak or spread of COVID-19”.

Read more: The next once-a-century pandemic is coming sooner than you think – but COVID-19 can help us get ready

Those orders extend to requiring people to be isolated or quarantined, report for medical examination or testing, and provide any information needed for contact tracing.

At the core of this debate is a question of compulsion. The challenge lies in finding a path between the continuing global emergency and a domestic situation that is largely controlled but vulnerable. Enforced quarantine, mandatory testing and contact tracing are the logical solutions in protecting our borders, and the current legislation provides for them.

Longer term – especially if and when a vaccine is developed – this will be a difficult debate. Kiwis (rightly) do not like the idea of compulsion, unless there is a clear and declared emergency.

Furthermore, the right to refuse to undergo any medical treatment became part of our Bill of Rights. This has been interpreted as the right to object to a range of medical practices, vaccinations being most notable. The question will be whether this interpretation is correct and, if so, whether it can be overridden for the public good.

Regardless, the existing pieces of legislation should have been ample to protect the population from exposure to the two women in question.

Read more: The coronavirus crisis shows why New Zealand urgently needs a commissioner for older people

We need a royal commission of inquiry

There is now an immediate need to assign accountability to the individuals or groups responsible for putting the community at risk. And this leads to the greater need for a royal commission to critically examine this current problem and many others, in the overall way that COVID-19 had been dealt with.

From the first national diagnosis of the COVID-19 crisis all the way to the recovery processes, a royal commission should be tasked with reviewing it all: the health, scientific, economic, constitutional, legal and cultural elements of the event.

This would provide a public record of what worked, what didn’t, what gaps were apparent and what could be improved next time. And it is the next time we have to be particularly worried about. Pandemics are an intergenerational problem, and what we are enduring will not be the last such experience.

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/the-law-is-clear-border-testing-is-enforceable-so-why-did-new-zealands-quarantine-system-break-down-141036

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...

From Coastal Calm to Classic Comfort: The Right Carpet for Every Style of Home

Carpet is often chosen near the end of a room makeover, after the walls, furniture, and lighting h...

How to Add a Heart to a Photo in Seconds

Visual storytelling has rapidly evolved in the digital age, transforming how we share our daily expe...

Why Small-Denomination Physical Gold is Becoming the Ultimate Defensive Asset

In a landscape of lingering macroeconomic uncertainty and rising domestic living costs, everyday i...

Why Your Feet Spread During Running and What That Means for Shoe Fit

The trainers felt brilliant in the shop. You walked around, bounced on your toes, checked the mirror...

How to Vet and Hire the Right Property Expert in the Australian Market

Navigating the Australian real estate market has become a highly strategic exercise. Recent nation...

Moving From Australia to Wellington: The Practical Settling-In Checklist

Wellington has a lot going for it. It's compact, walkable and full of cafes, with a harbour that r...