Judge questions ban

WELLINGTON: A judge has questioned the legality of the Government’s ban on managed isolation exemptions after a man was denied the chance to farewell his dying father.

Returning New Zealander Graeme Hattie flew back from the United Kingdom after hearing his father — who had bladder cancer for some time — was rapidly deteriorating.

Mr Hattie was four days into his mandatory 14day quarantine period when he was told his father had days, if not hours, to live.

He applied for early release on compassionate grounds but was twice rejected on the basis his case did not fall into any of the remaining grounds for exemption.

Having been denied the chance to say goodbye to his father, Mr Hattie is mounting a legal challenge against the Government’s blanket ban on compassionate exemptions from managed isolation.

The Health Minister ordered such exemptions be put on hold after it was revealed two sisters who were granted one had not been tested for Covid19 before leaving their managed isolation facility.

Mr Hattie has filed judicial review proceedings alleging error of law and failure to consider his circumstances. The case was due to be heard in the High Court at Auckland on July 8, while Mr Hattie also waited to hear his result from a Covid19 test.

In a minute released to RNZ, Justice Muir said Mr Hattie’s father had died the night before the legal challenge was to be heard and the case was now over.

Justice Muir noted it was his provisional view that the blanket ban on compassionate leave appeared ‘‘inconsistent’’ with the Covid19 Public Health Response (Air Border) Order 2020. He said there appeared to be an urgent need for the directorgeneral of health to review the terms of the blanket ban. — RNZ