Could MIQ gatecrashers help inspire other stranded Kiwis?

If the person did not have a genuine intention to transit and arrived here without an MIQ slot then they would be in breach of the MIQ rules.

Willy

Sussman

A New Zealand family who gatecrashed their way back into the country acted within the law, an expert says.

On December 12, Auckland man Davey Goode and his family entered the country without MIQ vouchers.

During a stopover in Auckland, on an Air NZ flight from Sydney to Nadi, Goode and his family spontaneously decided to stay in their home city. Instead of going to the transit lounge, they left the airport.

According to Goode (who recorded the exchange on his phone), there then followed a clash between a senior Customs officer, who backed the family’s right to enter New Zealand, and a representative for MIQ who wanted the family to go to the transit lounge then board their connecting flight to Fiji.

The standoff ended with the family’s luggage being removed from the Air NZ plane before they were put on a bus and driven to the MIQ facility at Novotel Auckland, where they completed a seven-day quarantine.

Since the Herald published details of the family’s manoeuvre, there has been a lot of speculation over whether other voucher-less, stranded Kiwis could follow suit after booking a trip that includes a stopover in here.

Does the law permit that? “Yes, it does, in terms of the core provisions of the Immigration Act, citizens have the right to enter and be in New Zealand at any time,” says Bell Gully partner Willy Sussman.

He qualifies: “If the person did not have a genuine intention to transit and arrived here without an MIQ slot then they would be in breach of the MIQ rules. There would be consequences — but those consequences might be something that desperate Kiwis are prepared to live with”. In September, the Government hiked fines for pandemic rule breakers to up to $12,000.

Goode told the Herald his stranded family was relocating to Fiji because the cost of accommodation in Sydney was too high. There was no intention to make a break for it during their stopover — until they sighted Auckland, with the city drawing an emotional response, particularly from his two under-10 children.

Who can say if the intent was genuine? “Many of these rules are required to be monitored by airlines,” Sussman says.

“I imagine it would be impractical for airlines to interrogate passengers at check-in to determine whether they genuinely intend to go to a destination.” Earlier this week, Goode told the Herald he had not received any contact from MIQ, the police or any other agency since his family returned to its home in Auckland.

He said family members had, however, been stressed by comments made by joint head of Managed Isolation and Quarantine Chris Bunny, who said in a statement to the Herald: “It is a legal requirement to have a valid MIQ voucher to enter New Zealand. If someone arrives in the country without a valid MIQ voucher, then their case may be referred to [police for enforcement]”.

Covid Response Minister Chris Hipkins was asked for comment.