Grounded Kiwis MIQ case: Govt scratches head over costs, won't rule out appeal

MIQ may be fast receding into the past but taxpayers could face a financial hangover after overseas Kiwis launched a successful court case against the system.

The High Court in April said MIQ's combination of the virtual lobby and narrow emergency criteria meant New Zealanders' rights to enter the country were infringed.

And after further court declarations issued last week, the Government won't rule out an appeal.

Grounded Kiwis spokesman Martin Newell said the group was entitled to recover legal costs from the Government in accordance with High Court rules.

"In this case, the Government will be required to contribute to Grounded Kiwis' unpaid legal fees, which exceed the amount of funds raised in the two calls for crowdfunding.

"For full transparency, we also confirm that 100 per cent of the crowdfunded amounts have gone towards Paul Radich QC and Lucila van Dam's legal fees."

Newell said it was still unknown if the Government would take the case to the Court of Appeal.

"While we are hopeful they will accept the judgment of the High Court - and both the Prime Minister and Minister Hipkins have made public statements to this effect - we will have to wait and see."

Since last week's Cabinet reshuffle, Dr Ayesha Verrall has taken over from Chris Hipkins as the Covid-19 Response Minister.

"Due to the complexities of this ruling, we are not yet in a position to comment," a ministerial spokeswoman said today.

Joshua Gray hugs mum Clara after arriving from Dubai. They were among families reunited as the first international flight not subject to MIQ rules arrived at Auckland in March. Photo / Sylvie Whinray

Last month, Prime Minister Jacinda Ardern would not rule out an apology to people the MIQ lottery system disadvantaged.

Asked again this afternoon about a possible apology or appeal, the PM said the Government had to consider the court ruling thoroughly first.

"[It] relates to those areas where we were trying to respond to concerns that the system wasn't fair, and that's the area where the court has found that the system could have been better."

Ardern said possible compensation to Grounded Kiwis was not an issue.

National's Covid-19 spokesman Chris Bishop this afternoon said the Government should rule out appealing against the High Court decision.

"Appealing this judgment would be nuts," Bishop said.

"The sooner we can put it behind us as a country, the better."

He said last week's High Court declarations confirmed MIQ operations breached the fundamental right of Kiwis to return home.

"The Government tried unsuccessfully to get the formal declaration to include aspects of MIQ that did not breach the Bill of Rights," Bishop said.

He said the Government also tried unsuccessfully to get the formal declaration to not mention the errors of law in MBIE's exercise of powers relating to offline MIQ allocations.

Only four out of 32 managed isolation hotels are expected to stay in the network from the end of June.

Rydges in Auckland CBD was the first hotel to leave the network, on April 30.