High Court Wellington
CIV-2021-485-556; [2022] NZHC 832
14, 15 February; 27 April 2022; 15 June 2022
Mallon J
CIV-2021-485-556; [2022] NZHC 832
14, 15 February; 27 April 2022; 15 June 2022
Mallon J
Judicial review — COVID-19 pandemic — Right to enter New Zealand — Lawfulness of restrictions imposed by Government — MIQ allocation system — Whether limitation on rights justified by public health interests — Whether limits prescribed by law — Whether rational connection to purpose — Tightly prescribed criteria — “14 days departure” test misinterpreted — “No other option” misinterpreted — Not required at risk of deportation — System not allow for New Zealanders facing unreasonable delay — New Zealand Bill of Rights Act 1990 ss 5 and 18.
Bill of Rights — Right to enter New Zealand — COVID-19 pandemic — Lawfulness of restrictions imposed by Government — MIQ allocation system — Whether limitation on rights justified by public health interests — Whether limits prescribed by law — Whether rational connection to purpose — Tightly prescribed criteria — “14 days departure” test misinterpreted — “No other option” misinterpreted — Not required at risk of deportation — System not allow for New Zealanders facing unreasonable delay — New Zealand Bill of Rights Act 1990 ss 5 and 18.
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