Recouping the rights we’ve lost
It appears that New Zealand is capable of temporarily suspending some democratic rights and freedoms during a global and national emergency and then resuming exercise of them when the situation improves.
The level four lockdown greatly affected our rights of movement and association – where we could go and with whom.
In normal times, the state’s view of those matters is irrelevant to most citizens most of the time. When the state has an interest, it is supervised by the courts and statute.
The move to level three at 11.59pm on Monday will take us into a slightly less constrained period and a few weeks later it’s planned that we’ll transition into level two. Our rights to movement and associationwill accordingly improve again.
In time, full exercise of these rights should prevail.
Fears among some that this country was slipping into some kind of dictatorship look unwarranted at this stage.
An important test will come on general election day, currently scheduled for September 19, though it could be delayed.
There’s no reason now why full elections cannot proceed, even if physical distancing and other practical measures are needed.
Access to the justice system has been limited but, again, sensible steps were taken to mitigate the loss of rights.
The coercive power of the state, acting through the police, was deployed to keep us home and apart, and Parliament and perhaps other institutions must analyse these measures at an early opportunity.
It’s important, too, to note that many rights were not suspended. Free speech was not affected, and many people with internet access probably saw vigorous and perhaps extreme speech online. In previous emergencies, especially the world wars, censorship happened daily.
Level four also resulted in the suspension of the full operation of our democracy through the institutions of Parliament. The House of Representatives could no more sit in person than our choirs could sing at Easter or our rugby teams could play footie on Saturdays.
The situation at Parliament was mitigated by the creation of a new select committee, the Epidemic Response Committee, chaired by the leader of the Opposition, Simon Bridges. Its members included elected MPS from all parties in Parliament, and crucially, parties in opposition held the majority.
Those responsible for the creation of this committee, aswell as Bridges and all of its members, should be congratulated on their ability to hold hearings, take testimony, ask questions, and hold the Government to account in constrained circumstances. This was a sensible and practical way for our Parliament to function during a pandemic.
Of course, the residents and citizens of New Zealand have not yet resumed full exercise of our rights. The signs today are only promising. We must continue our vigilance of the state and Government, and even agitate for the right to go where we please, when we please, and with whom.
The pandemic will pass and our rights must be recouped. And come election day, be sure to vote. That’s howwe govern ourselves and how we pass judgment on this Government’s response to the virus.