MIQ returnee who went on hunger strike calls High Court decision 'bittersweet'

Kurt Lehndorf returned to New Zealand in February when his father Des' heath declined. Photo / Supplied

A New Zealander who went on a hunger strike in MIQ while his father's health deteriorated has called the High Court decision "bittersweet".

Justice Jillian Mallon released her decision this afternoon and found that although MIQ was a critical component of the Government's elimination strategy, the combination of the virtual lobby and narrow emergency criteria meant New Zealanders' rights to enter their country were infringed.

"In some instances in a manner that was not demonstrably justified in a free and democratic society," Justice Mallon said.

Kurt Lehndorf travelled to New Zealand in February to spend time with his dying father.

"It's fantastic that some of the incompetence and lazy policy of the Government's [decision] has been acknowledged but it doesn't get me any time back with dad."

His father Des' had been diagnosed with cancer and his health worsened on day two of
Lehndorf's MIQ stay.

Australian-based Lehndorf decided to take things into his own hands going on a hunger and fluid strike. In total, he didn't consume food and drink for a total of 66 hours.

Mallon found that the MIQ system didn't allow for individual circumstances to be considered and prioritised, and examples of extreme delays were not prioritised.

The MIQ booking system did not allow for individuals, and the prioritisation of returning citizens, due to the "virtual lobby" that operated as a lottery and the criteria for emergency allocation was narrow and too tightly set.

Like many New Zealanders in MIQ, Lehndorf applied to spend the rest of his quarantine time out of MIQ. However, he was instead granted a temporary visit to see his father before he passed away.

Lehndorf is grateful he got to spend a short period of time with his father. But knows many people weren't as lucky.

"I remember getting a message from someone I went to university with when I was 19 and he had been in the exact same situation before.

"[He] had to watch his dad die on Facetime and then spend days in isolation mourning."

While he appreciated the court decision, Lehndorf said the news will bring up old feelings New Zealanders are trying to forget.

"When we really needed each other and we were hit with 'no' and lazy policies."

With this ruling coming a week after it was revealed health officials agreed in November last that MIQ was "no longer justified", Lehndorf said it doesn't mean anything now.

"I could have had a Christmas with my dad and a birthday before his heath had really deteriorated.

"I'm just pleased that these incompetencies and inhumane policies are being exposed."