A quick look at NZ’s “Enabling Act” – the COVID-19 Public Health Response Bill

A quick look at NZ’s “Enabling Act” – the COVID-19 Public Health Response Bill

There has been a lot said about the Covid-19 Health Response Act on social media. I decided to have a look for myself what is there.

This Act was passed under urgency without the support of the opposition parties after it was found that the government did not have the legal power to do what it was doing. It gives the government sweeping powers to enter people’s homes and direct them to quarantine centres etc.


The question is how justified are these “emergency powers” when the need for urgency is open to question and when there is a worldwide agenda to remove human rights under Agenda 2030, of which one of the most enthusiastic supporters (shown by this meeting of PM Adern with the Gates’.




Some basic off-the- cuff figures provided by Billy te Kahika in an interview indicate that at the worst 1400 people had contracted for the virus, about 1000 of whom recovered and 24-25 died of co-morbidities.  


Is that enough to warrant such sweeping state powers?


NZ does not have a constitution but a Bill of Rights Act.


This overrides the Bill of Rights leaving it in place – because we are in a (long) emergency.



If you look at regimes that are commonly regarded dictatorships everything they did was ‘legal’ in that there was legislation passed by a parliament to allow for the removal of rights.


A study of the nazi rise to power is enough to confirm that.


The COVID-19 Public Health Response Bill


https://www.lawsociety.org.nz/news-and-communications/latest-news/news/covid-19-public-health-response-bill-passed-under-urgency

http://www.legislation.govt.nz/bill/government/2020/0246/latest/whole.html

Hon David Parker

COVID-19 Public Health Response Bill

Government Bill

246—1

Contents

Explanatory note
1 Title
2 Commencement

Part 1

Preliminary provisions

3 Repeal of this Act
4 Purpose
5 Interpretation
6 Transitional, savings, and related provisions
7 Act binds the Crown

Part 2

Provisions to limit the risk of outbreak or spread of COVID-19

Subpart 1—Section 11 orders

8 Prerequisites for all section 11 orders
9 Minister may make section 11 orders
10 Director-General may make section 11 orders
11 Orders that can be made under this Act
12 General provisions relating to section 11 orders
13 Effect of section 11 orders

Subpart 2—Further provisions relating to section 11 orders

Form of orders, etc

14 Form, publication, and duration of section 11 orders
15 Amendment or extension of section 11 orders

Parliamentary approval

16 Section 11 order made by Minister revoked if not approved by House of Representatives

Application of Legislation Act 2012

17 Section 11 orders to be disallowable instruments

Subpart 3—Enforcement, offences, and penalties

Authorised persons

18 Authorised persons
19 Evidence of identity

Enforcement

20 Powers of entry
21 Power to give directions
22 Power to close roads and public places and stop vehicles
23 Power to direct person to provide identifying information
24 Power to direct business or undertaking to close

Offences

25 Offences relating to compliance with orders
26 Offences relating to exercise of enforcement powers

Provisions relating to infringement offences

27 Proceedings for infringement offences
28 Who may issue infringement notices
29 Infringement notices
30 Reminder notices
31 Payment of infringement fees

Subpart 4—Miscellaneous provisions

32 Regulations
33 Protection of persons acting under authority of this Act

Part 3

Amendments to Civil Defence Emergency Management Act 2002

34 Amendments to Civil Defence Emergency Management Act 2002
35 Section 66 amended (Minister may declare state of national emergency)
36 Section 68 amended (Declaration of state of local emergency)
37 Section 94B amended (Notice of local transition period)
38 Section 94E amended (Termination of transition periods)

Part 4

Amendment to Oranga Tamariki Act 1989

39 Amendment to Oranga Tamariki Act 1989
40 Section 272 amended (Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences)

Schedule 1

Transitional, savings, and related provisions

Schedule 2

Orders under section 70 of Health Act 1956 relating to COVID-19

Schedule 3

Infringement notice and reminder notice

http://www.legislation.govt.nz/bill/government/2020/0246/latest/LMS344134.html

Leave a Reply

Your email address will not be published.

Wordpress Social Share Plugin powered by Ultimatelysocial
RSS