When boosters started to ramp up in early 2022 - adding them to the domestic vaccine pass was publicly talked about by then Prime Minister Ardern - yet they were never added, why not?
How did the covid legislation override the bill of rights? What use is a bill.of rights that can be overridden? Was it expressly stated that the covid legislation overrides the BOR?
Covid legislation was measured against the bill of rights and the key determinant against those rights was 'was the legislation justified' in regard to the public health response.
Crown Law (and later courts in some cases too) said yes - the public health imperative justified some of the safeguards being overridden - and here i could support the sentence further by adding a disclaimer 'as people understood them to be'.
My best example is the front page on your passport that guarantees you entry to your home country was overridden - due to the fact the public health emergency justified it. (The grounded kiwis court case on MIQ found the imposition of what was MIQ was justified on public health grounds - but the fact citizens were not prioritised within the MIQ allocation was not justified.)
"But if a non-citizen managed to board a plane - they could not be forced to be vaccinated under the Bill of Rights. But because the Covid legislation over-rode that same Bill of Rights - it was fine for New Zealander’s to be mandated under it"
Can you please explain this part?
Australia has also now made it possible for NZers to get Australian citizenship without fitting particular job requirements. Perhaps they are looking for a way to close loopholes such as this.
An entry requirement into NZ could be boosters - but if someone managed to get on a plane and arrive within the country without that required evidence - what legal levers could we apply once they arrive? They could be deported potentially but how would they be required to receive a booster? In NZ the levers were largely vaccination orders that affected the ability to work, the use of domestic passes to enter premises etc - how do we leverage someone once they've arrived using that?
Actually i remember an anecdote from someone who had a work colleague fly in for 2 weeks during early 2022 time to perform specialised maintenance - he somehow did manage to get in (and i couldn't get out how that happened) and was held at the airport for several hours on arrival - there was some confusion it appeared about what to do - they ended up giving him a fine they thought they could (it was fairly small) and off he went. I expect like everything, the treatment varies by what they think of you or the country you're from....
How did the covid legislation override the bill of rights? What use is a bill.of rights that can be overridden? Was it expressly stated that the covid legislation overrides the BOR?
I feel like saying 'great question'!
Covid legislation was measured against the bill of rights and the key determinant against those rights was 'was the legislation justified' in regard to the public health response.
Crown Law (and later courts in some cases too) said yes - the public health imperative justified some of the safeguards being overridden - and here i could support the sentence further by adding a disclaimer 'as people understood them to be'.
My best example is the front page on your passport that guarantees you entry to your home country was overridden - due to the fact the public health emergency justified it. (The grounded kiwis court case on MIQ found the imposition of what was MIQ was justified on public health grounds - but the fact citizens were not prioritised within the MIQ allocation was not justified.)
"But if a non-citizen managed to board a plane - they could not be forced to be vaccinated under the Bill of Rights. But because the Covid legislation over-rode that same Bill of Rights - it was fine for New Zealander’s to be mandated under it"
Can you please explain this part?
Australia has also now made it possible for NZers to get Australian citizenship without fitting particular job requirements. Perhaps they are looking for a way to close loopholes such as this.
An entry requirement into NZ could be boosters - but if someone managed to get on a plane and arrive within the country without that required evidence - what legal levers could we apply once they arrive? They could be deported potentially but how would they be required to receive a booster? In NZ the levers were largely vaccination orders that affected the ability to work, the use of domestic passes to enter premises etc - how do we leverage someone once they've arrived using that?
Actually i remember an anecdote from someone who had a work colleague fly in for 2 weeks during early 2022 time to perform specialised maintenance - he somehow did manage to get in (and i couldn't get out how that happened) and was held at the airport for several hours on arrival - there was some confusion it appeared about what to do - they ended up giving him a fine they thought they could (it was fairly small) and off he went. I expect like everything, the treatment varies by what they think of you or the country you're from....