Govt lawyer says
advice of health officials about what was necessary to save lives.
The legal advice comes from the solicitor-general, who advises the Government on the legality of its decisions. It was included in a Cabinet paper obtained by Stuff.
It warned that ‘‘the restrictions imposed at levels 3 and 4 of the alert system involve the most significant and widespread interference with human rights in New Zealand in living memory’’.
However, it went on to say that those limits ‘‘are only unlawful if they cannot be shown to be demonstrably justified’’.
The Government could justify the restrictions by proving that they were ‘‘a proportionate response to the objective of protecting the public health and lives of New Zealanders’’.
Attorney-general David Parker said the restrictions were justified. ‘‘The Government believes the restrictions it has imposed are a justified and appropriate response to the unprecedented risk Covid-19 poses to the health of all New Zealanders.
There is no vaccine, no cure and the health advice stressed the crucial importance of physical distancing.
‘‘As the PM has previously said: ‘These decisions will place the most significant restriction on New Zealanders’ movements in modern history. This is not a decision taken lightly. But this is our best chance to slow the virus and to save lives’,’’ Parker said.
The paper lists six ways the alerts could restrict domestic human rights obligations and three ways that they could