NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Covid 19 coronavirus: Duo who sued PM now ask for judicial review of Govt's pandemic decisions

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
7 May, 2020 10:50 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Finance Minister Grant Robertson has revealed the Government will be running deficits for an "extended period" of time and its debt levels will reach an all-time high.

Two men who sued Prime Minister Jacinda Ardern by claiming unlawful detention during the Covid-19 lockdown are now asking for a judge to test the legality of the Government's pandemic decisions.

It is the second such request for a Covid-19 judicial review after former parliamentary counsel and law drafter Andrew Borrowdale also this week asked for a court to test if level 4 and 3 were illegal.

Borrowdale is arguing director-general of health Dr Ashley Bloomfield exceeded his powers.

The two men, who had their habeas corpus (unlawful detention) claims dismissed by the Court of Appeal last week, allege Ardern, Bloomfield, Director of Civil Defence and Emergency Management Sarah Stuart-Black, and the Commissioner of Police made orders "were no medical grounds of sufficient cogency to impose the lockdown", documents filed with the High Court read.

The duo, who have interim name suppression through their habeas corpus case, claim the lockdown was a "completely undemocratic and unlawful process" which effectively imposed a version of martial law.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

In their statement of claim, the pair also ask the High Court to make a declaration that those charged, convicted and imprisoned unlawfully during the lockdown have their prosecutions dropped, convictions quashed and compensated granted.

They have also indicated they wish to have their interim name suppression waived.

The High Court confirmed it had received the application from the men for a judicial review yesterday, but it was yet to be processed.

Advertisement
Advertise with NZME.

It comes after Crown Law documents were leaked to Newstalk ZB yesterday, which say police powers were severely limited under the first directive by Bloomfield in March.

Attorney-General David Parker is due to speak on Facebook today about the legal and procedural issues arising out of Covid-19. Photo / Mark Mitchell
Attorney-General David Parker is due to speak on Facebook today about the legal and procedural issues arising out of Covid-19. Photo / Mark Mitchell

Responding to the leak, Attorney-General David Parker said the document was a draft - and "not the considered advice of Crown Law".

"Recent speculation that the Government's legal advice had thrown doubt on the police enforcement powers under level 4 is wrong," he said in a statement.

"That speculation is based on draft views provided to agencies for feedback. That was not the considered advice of Crown Law, which was that there was no gap in enforcement powers."

Discover more

New Zealand|politics

Peter Dunne: 'Some corners cut to the detriment of our democracy'

06 May 11:00 PM
New Zealand

Leaked Crown Law documents question legal force of alert level 4 rules

07 May 05:05 AM
Opinion

Matthew Hooton: This Govt is now abusing lockdown powers

08 May 05:35 AM
Opinion

Soper: Police response raises questions about whether lockdown was legally enforceable

07 May 06:18 PM

Parker is due to speak about the legal and procedural issues arising out of Covid-19 on his Facebook page later today.

READ MORE:
• Solicitor-General summonsed to reveal legal basis for lockdown
• Judge overrules lockdown and allows son to visit dying dad, PM orders review of refusals
• Duo's appeal dismissed in lawsuit against Jacinda Ardern over lockdown 'detention'
• Law Society calls for greater Govt clarity on curbs to our freedoms and commerce

Concerns and questions about the legality of the strict lockdown orders in response to the coronavirus, which have heavily curtailed individual rights and liberties, have been growing louder in New Zealand's legal and academic circles.

When dismissing the two men's habeas corpus claims last Friday, the president of the Court of Appeal, Justice Stephen Kós, said any challenges over the lawfulness of the Government's coronavirus decisions should be tested in an expedited judicial review.

In Monday's full written decision on the case, the Court of Appeal reaffirmed that view and said: "As has been noted by the Regulations Review Committee and two of New Zealand's leading public law academics (Andrew Geddis and Claudia Geiringer), there are unresolved questions about the lawfulness of the notices issued under s70 of the Health Act."

The questions have also led to Solicitor-General Una Jagose being summonsed by the Epidemic Response Committee and asked to reveal the advice on the legality of the lockdown.

Advertisement
Advertise with NZME.

Chairman of the committee and Opposition leader Simon Bridges said: "The people of New Zealand have given up their freedoms for this lockdown. We all deserve to know what the legal basis was for that."

Parliament has never summonsed the Solicitor-General before.

• Covid19.govt.nz: The Government's official Covid-19 advisory website

Save

    Share this article

Latest from New Zealand

New Zealand

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

17 Jun 09:20 AM
New Zealand

Watch: Inside look after fire engulfs Auckland supermarket

17 Jun 08:15 AM
New Zealand|crime

Fit of rage: Man injures seven people in attack on partner, kids and neighbours

17 Jun 08:00 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

Lawyer challenges 'plain wrong decision' in Jago's sexual abuse case

17 Jun 09:20 AM

Former Act president's lawyer claims sentence was too harsh, calls for home detention.

Watch: Inside look after fire engulfs Auckland supermarket

Watch: Inside look after fire engulfs Auckland supermarket

17 Jun 08:15 AM
Fit of rage: Man injures seven people in attack on partner, kids and neighbours

Fit of rage: Man injures seven people in attack on partner, kids and neighbours

17 Jun 08:00 AM
Inside look: Damage revealed after fire engulfs Auckland supermarket

Inside look: Damage revealed after fire engulfs Auckland supermarket

Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP