High Court win for Grounded Kiwis

Judge rules elements of MIQ infringed on the rights in Grounded Kiwis case.

Mōrena and welcome to The Bulletin for Thursday, April 28, by Anna Rawhiti-Connell. Presented in partnership with Z Energy.

In today’s edition: push for masks in schools; climate adaptation plan released; help for older workers; but first, MIQ “lottery” an “unjustified limit” on rights.

Chris Hipkins says the government is considering the decision (Photo: Getty Images)

The case made by Grounded Kiwis

The case taken by Grounded Kiwis, a society advocating for New Zealanders impacted by MIQ, went to the High Court in February. Justice Jill Mallon’s decision was released yesterday.  Grounded Kiwis did not oppose MIQ as a whole or the elimination strategy the system supported. Spokesman Martin Newell said on Checkpoint last night that “it was about creating a system that was fair and enabled people to come home if they needed to”. Asked whether the group would be seeking compensation, Newell said that what they’d sought was “declaratory relief” which gives parties effective resolution without the need for further remedies. Individuals may choose to pursue the matter further. Some want an apology from the government.

Lottery good for Wimbledon tickets

The 140-page decision from Justice Mallon concluded: “Although MIQ was a critical component of the government’s elimination strategy that was highly successful in achieving positive health outcomes, the combination of the virtual lobby and the narrow emergency criteria operated in a way that meant New Zealanders’ right to enter their country could be infringed in some instances in a manner that was not demonstrably justified in a free and democratic society.” She wrote that a lottery might be appropriate for something like a green card or tickets to Wimbledon but not for citizens seeking to exercise a fundamental right. 

Opposition calls it “a victory” 

National’s Covid-19 spokesperson Chris Bishop responded to the decision saying it was judicial proof of  “state sponsored cruelty”. This language has previously been used to describe the detention of children in ​​immigration centres in the UK and the maltreatment of indigenous children in Canada. The decision from Justice Mallon comes a week after a Ministry of Health document from November 2021 showed that Dr Caroline McElnay and the Director-General of Health Ashley Bloomfield both agreed that MIQ was no longer justified at the time. 

Government considering the decision 

Covid-19 response minister Chris Hipkins responded saying that the government has “long acknowledged the difficult trade-offs we've had to make in our Covid-19 response to save lives and the effects of those decisions on all New Zealanders, particularly those living abroad." He said the government was carefully considering the court's decisions. The NZ Herald’s political editor Claire Trevett writes (paywalled) that a lack of apology from the government might suggest they are considering an appeal. Waikato University law professor Al Gillespie said the decision is “not about throwing stones against the government, it's about being able to teach future generations how we will do better when the next pandemic hits”.

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Climate change adaptation plan released for feedback 

In 2017, the Ministry for the Environment published projections for New Zealand of 0.46–1.05m in sea-level rise by 2100. The pace of that rise will be determined by how quickly we can reduce carbon emissions. Yesterday, climate change minister James Shaw published the draft National Adaptation Plan for feedback. The plan is designed to help the country respond to the severe weather events caused by climate change and the impact of rising sea levels on coastal property and infrastructure. For an excellent long read on that subject, I recommend this NZ Geographic piece from Naomi Arnold.

150 experts say we can’t just rely on Covid-19 vaccination rates 

The group, which includes Michael Baker and Rod Jackson, has written an open letter to the government urging them to do more to protect New Zealanders from the virus, especially over winter. They’ve proposed a “Vaccines Plus” strategy which advocates for good public health measures, as well as vaccination. They’re asking for mask mandates and better ventilation in schools and indoor public spaces, and want the government to help supply N95-type masks to the public. It’s a position supported by the Director General of the World Health Organisation, who’s said: “I need to be very clear: vaccines alone will not get any country out of this crisis.”

Support for older people who want to keep working

Newshub’s Imogen Wells had this report last night on a government plan to support older people who want to keep working. Wells spoke to Allan, who is 91 and has been working at Bunnings for 17 years. During a discussion on RNZ’s The Panel yesterday about ageism at work, a listener texted in to say he was 63 years old, had applied for 400 jobs and received just five interviews. A recent study by Massey University suggested half a million baby boomers and Gen Xers will be renting when they retire and will have a less significant savings cushion than younger generations because Kiwisaver didn’t launch until 2007.

Business Is Boring, in proud partnership with Spark Lab:
NewFish founder and GM Hamish Howard wants to create seafood products that don’t harm the planet, without compromising on taste. He has big aspirations to reimagine New Zealand’s seafood industry and change food production systems for the better. Last week, Howard joined Simon Pound on Business is Boring to talk about his journey to business owner, and the first NewFish product: pāua saucisson.
Listen to the podcast here.

Commonwealth Games swim team named

Swimming NZ has named a 12-strong team for the Commonwealth Games in Birmingham in July. It includes Dame Sophie Pascoe, and Tokyo Olympians Lewis Clareburt and Erika Fairweather. Clareburt made the final of the 200 individual medley and Fairweather swam the women’s 400m freestyle final at Tokyo. Pascoe has won four gold medals at the Commonwealth Games and will swim in one event, the Women’s 100 Freestyle S9.

Got some feedback about The Bulletin, or anything in the news? Get in touch with me at thebulletin@thespinoff.co.nz

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