Borrowdale v Director-General of Health - [2020] 2 NZLR 864

Judicial review — Legality of health orders — COVID-19 pandemic — Lawfulness of restrictions imposed by Government — Restrictions on rights and freedoms — Special powers of medical officer — Whether limitation on rights justified by public health interests — Whether limits prescribed by law — Delegation of power — Definition of “essential services” — Whether determination of an essential service was unlawful delegation of powers — International obligations — Legislative history of emergency powers — Whether declaration necessary — United Nations International Covenant on Economic, Social and Cultural Rights art 12.

Constitutional law — New Zealand Bill of Rights Act 1990 — Legality of health orders — COVID-19 pandemic — Lawfulness of restrictions imposed by Government — Restrictions on affirmed rights and freedoms — Whether limitation on rights justified by public health interests — Whether limits prescribed by law — International obligations — Legislative history of emergency powers — United Nations International Covenant on Economic, Social and Cultural Rights art 12.