Covid-19 notice – what it means

Declaring a national emergency means most of the laws in New Zealand can be amended to stop Covid-19 spreading.

Prime Minister Jacinda Ardern’s announcement to send New Zealand into lockdown is unprecedented in the country’s history.

A state of emergency was declared at 12.21pm yesterday, after the Epidemic Preparedness (Epidemic Management – Covid19) Notice 2020 was agreed by Parliament. The notice invokes powers under the Health Act 1956, the Civil Defence Emergency Management Act 2002, the Social Security Act 2018 and the Immigration Act 2009.

Civil Defence director Sarah Stuart-Black said the notice was to ensure the Government had all the ‘‘power it needs’’ to stop the spread of Covid-19. Some examples of these powers are the conservation and supply of fuel, closing of roads, prohibiting and regulating of traffic, and excluding people from certain places.

This notice applies to all of New Zealand, including off-shore islands. All aspects of the notice came into force yesterday except for the Immigration Act which comes into force on April 2.

The epidemic notice expires in three months unless an earlier expiry date is notified.

Epidemic Preparedness Act 2006

On Monday, Ardern announced the nation’s alert level had been raised to level three but warned it would rise again to level four by the end of yesterday, as the number of new cases of Covid-19 continued to rise.

By issuing an epidemic notice, the Government is enabling the use of ‘‘special powers’’, which exist to curb or tackle an epidemic. Essentially, invoking this act means most New Zealand laws can be amended.

‘‘We have 102 cases but so did Italy once,’’ Ardern said on Monday. ‘‘While the majority of these cases continue to be linked to overseas travel, there are two cases health officials are unable to link.’’ Ardern said if community transmission continued unchecked, health systems would be inundated and tens of thousands would die.

Wellington lawyer Graeme Edgeler explained: ‘‘In a national emergency, the rules change.’’

There are three main acts that exist to give the Government the power to do what is necessary in extraordinary situations.

These acts are: the Health Act 1956, Civil Defence Emergency Management Act 2002 and the Epidemic Preparedness Act 2006.

All of these acts reference each other and can be invoked without the other, he said.

For the Epidemic Preparedness Act 2006 to be enforced, the Government has to issue a notice on the gazette, which is the official government noticeboard. Parliament must ‘‘sit’’ shortly afterwards to discuss it. There are other acts it references, such as the Immigration Act and the Parole Act.

Covid-19 is different to other infectious diseases, so it is a case of what power you need to use.

Health Act 1956

An epidemic notice gives medical officers of health special enforcement powers, such as to break up a public event, and enforce isolation or even quarantine, under the Health Act.

If it needs the police to do so, it has that power.

‘‘You could potentially have that power from the Health Act by itself but the Epidemic Preparedness Act has the most wide ranging power,’’ Edgeler said.

Civil Defence Emergency Management Act 2002

This act is more likely be invoked during a natural disaster.

It gives authorities the power to rescue people but also to administer funds to those who might need it. The Government needs legal authority to spend money on food and this power gives it that.

‘‘Some of those powers could potentially be helpful in a case like this,’’ he said.

The Immigration Act 2009

Visas will be extended until the epidemic notice ends. Almost 200,000 student, visitor or work visas were to expire in the next six months.