SWEEPING POWERS

WELLINGTON: A Bill giving police sweeping powers to potentially enter homes without warrants while enforcing Covid19 alert level rules has been passed in Parliament.

The Covid19 Public Health Response Bill was rushed through in time for the introduction of Level 2 restrictions last night, but came under intense scrutiny from the Opposition.

It passed 63 votes in favour with 57 against.

The National Party and Act New Zealand did not support the Bill, saying it was an overreach of powers, distrusted New Zealanders and did not allow for orders to have proper scrutiny.

But the Government said it was necessary to ensure the continued fight against Covid19 and created more accountability, not less.

The Human Rights Commission said it was ‘‘deeply concerned’’ about the lack of scrutiny of the Bill.

The law sets up the legal framework for future alert levels as there is no longer a State of Emergency.

It effectively allows the Health Minister to issue an order that would make alert level rules legally enforceable.

That might include, for example, the ability for police or ‘‘enforcement officers’’ to close certain premises or roads, ban certain types of travel or congregations, or require people to be physically distant or to stay at home in their bubbles if necessary.

It also would allow warrantless searches of private property if there was a reasonable belief that the alert level rules were being broken.

It is the first Covidrelated legislation that has not had the support of all the political parties.

The Bill was tweaked at the committee stage yesterday morning.

At the request of the Maori Council, the specific reference to marae was removed and the Government added the requirement a warrantless search be reported to the relevant marae committee.

Attorneygeneral David Parker said it was written into the Bill with the intention of providing more protection.

‘‘It’s actually something that doesn’t take away protections; it actually adds them. But nonetheless, Maoridom don’t want that. They want to be the same as nonMaoridom in respect of those premises,’’ Parker said.

The original twoyear sunset clause has been mitigated by an amendment to refresh the legislation every 90 days, or longer if required.

National MP Gerry Brownlee said it ‘‘puts far too much power in the hands of one person: the Prime Minister’’ because there was also no mention of what advice she needed to make a decision.

Education Minister Chris Hipkins said when Mr Brownlee brought in legislation that curtailed civil liberties after the Canterbury Earthquakes, he felt uncomfortable voting for it but ‘‘it was the right thing to do’’.

Opposition leader Simon Bridges on Tuesday called the 10person limit on gatherings ‘‘inhumane’’, especially in respect of funerals and places of worship.

Yesterday, the Government backed down on the limits on tangihanga and funerals and allowed funeral directors a special dispensation for up to 50 people to attend.

Act leader David Seymour said despite voting for the Bill in its first and second reading, he could not support it in the final stage.

The Bill failed to balance the rights and freedoms and overall welfare of all New Zealanders with the Government’s effort to control Covid19, he said.

Chief human rights commissioner Paul Hunt called the lack of scrutiny and rushed process for the Bill ‘‘a great failure of our democratic process’’.

‘‘There has been no input from ordinary New Zealanders, which is deeply regrettable.

‘‘The new legislation . . . will result in sweeping police powers unseen in this country for many years.’’ — The New Zealand Herald