Borrowdale v Director-General of Health - [2022] 2 NZLR 356

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 — Statutory interpretation — Whether limits prescribed by law — Inconsistency with New Zealand Bill of Rights Act — Justified limitation — Delegation of power — Definition of “essential services” — Whether determination of an essential service by other officials was unlawful delegation of powers — Whether decision to exempt certain businesses ultra vires — International obligations — Legislative history of emergency powers — Tuberculosis Act 1948.

Administrative law — Delegation of powers — COVID-19 pandemic — essential services — Whether determination of an essential service by other officials was unlawful delegation of powers by Director-General of Health — Director-General adopting and approving recommendations — Director-General providing principles for decision on essential services — Whether decision to exempt certain businesses ultra vires — Whether decision made without approval of Director-General.

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 — Tuberculosis Act 1948.