Parker: Lock-up justified by risks

The Government’s legal advice said the levels 3 and 4 restrictions involved the most ‘‘significant and widespread’’ interference with human rights ‘‘in living memory’’, which would only be lawful if the Government could prove those restrictions were justified.

It said those restrictions could be justified based on the 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.

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’’, the paper said.

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,’’ he said.

‘‘There is no vaccine, no cure and the health advice stressed the crucial importance of physical distancing.’’

The paper lists six ways the alerts could limit domestic human rights obligations and three ways they could limit international human rights obligations.

The restrictions on gatherings could limit two important human rights. The first is in practising a religion, as the ban stops people from worshipping in their regular way. The ban also infringes on the right to peaceful assembly.

The enforced quarantine of new arrivals could potentially amount to an ‘‘arbitrary detention’’. Laws prohibit arbitrary detentions to stop governments from locking people up on a whim.

There is also a possibility that quarantine facilities raise human rights issues. If they fall below certain standards, they could ‘‘affect the right of persons deprived of liberty to be treated with humanity and respect’’.

Even the compulsory medical examinations could breach human rights as they could constitute an unreasonable search, though the advice says these exams are reasonable under the circumstances.

Mandatory quarantines came into force at level 4, after the system of allowing new arrivals to self-isolate at home for 14 days was found to be insufficient.

Even the compulsory medical examinations could breach human rights.