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