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As NZ Goes Into Lockdown, Authorities Have New Powers To Make Sure People Obey The Rules Alexander Gillespie Professor of Law, University of Waikato

New Zealand is now in lockdown for IRXUZHHNVZLWKRQO\bHVVHQWLDO VHUYLFHVbOLNHVXSHUPDUNHWVDQG pharmacies remaining open.

3ROLFHDQGPHGLFDORɝFLDOVDOUHDG\KDYHOHJDO SRZHUVXQGHUH[LVWLQJODZVWRȴQHSHRSOHZKR ȵRXWWKHORFNGRZQUXOHVEXW3ULPH0LQLVWHU-DFLQGD Ardern has foreshadowed she will also declare a state of emergency and issue an epidemic notice.

Ardern has instructed people to stay at home, in WKHȊPRVWVLJQLȴFDQWUHVWULFWLRQRQ1HZ=HDODQGHUVȇ movements in modern history”, as the country PRYHVWRDOHUWOHYHOIRXUWRbVORZWKHVSUHDGRI &29Ζ'

Highest Alert Level 7KHUHDUHQRZbFRQȴUPHGRUOLNHO\FDVHVbLQ New Zealand, and 12 people who have recovered from the illness. 7KHGL΍HUHQFHEHWZHHQOHYHOVWKUHHDQGIRXULV the scale of transmission. Level four means that &29Ζ'LVȊVXVWDLQHGLQWHQVLYHDQGZLGHVSUHDGȋ and stricter measures are necessary to try to eliminate it.

7KHGL΍HUHQFHLQSROLF\LVWKDWWKHJRYHUQPHQW moves from strong and escalating recommendations for many people to mandatory prohibitions and controls for all people.

There are now four cases of community transmission in New Zealand, and even though there is no conclusive evidence that the disease will become widespread, authorities can act in a preemptive way in response to a clear threat that comes ZLWKbXQFHUWDLQW\LQVRPHDUHDV7KHJRYHUQPHQW does not need absolute proof that disease transmission is occurring within the community at multiple levels before moving to level four.

([LVWLQJbLPPLJUDWLRQODZbDQGKHDOWKOHJLVODWLRQ give authorities powers to implement border and PRYHPHQWUHVWULFWLRQV&29Ζ'LVDbTXDUDQWLQDEOH LQIHFWLRXVGLVHDVHDQGWKHb+HDOWK$FWbDOORZV PHGLFDORɝFLDOVZLWKWKHbKHOSRIWKHSROLFHWRWDNH DUDQJHRIDFWLRQVWRbSUHYHQWDQRXWEUHDNRUVSUHDG RIWKHGLVHDVH7KHODZDOORZVRɝFLDOVWR • isolate or quarantine people • shut down, disinfect or even destroy many types of premises • stop people from congregating in outdoor spaces • force people to take medical tests • ban travel. ΖIWKHLQIHFWLRXVGLVHDVHbEUHDNVRXWbDVDOHYHOIRXU designation suggests), authorities gain further powers. They can requisition property (private and public) for the transport or treatment of the sick or the holding of bodies. Anybody who fails to to follow orders FRXOGbIDFHȴQHVbRIXSWR1=RUVL[PRQWKVLQMDLO

In addition, as anxiety levels rise, the police have H[LVWLQJSRZHUVWRFRQWURObGLVRUGHUO\bRUbR΍HQVLYH EHKDYLRXURUODQJXDJHbZLWKLQFHUWDLQDUHDVDVWKH\ maintain public order.

National Emergency %H\RQGWKHVHH[LVWLQJODZVWKHJRYHUQPHQWLV expected to take two further steps. It is likely to GHFODUHDbVWDWHRIQDWLRQDOHPHUJHQF\ZKLFKLVXVHG in situations of such a magnitude that a high-level response is required, involving both national and local governments, emergency services and lifeline XWLOLWLHVUROOHGLQWRDFRQȴJXUDWLRQQHFHVVDU\IRU H΍HFWLYHFLYLOGHIHQFH Although the military is not directly part of the civil defence and emergency management structure, WKHDERYHDXWKRULWLHVFDQUHTXHVWLWVKHOS*LYHQ the sheer scale of what is being contemplated, it is likely the military will need to be deployed. The laws available to authorities to deal with the emergency include the ability to: • IRUFLEO\HYDFXDWHbSODFHVDQGSUHPLVHV • DOORZbUHTXLVLWLRQbRIERWKPRYDEOHDQG immovable property • gain entry onto premises • inspect, secure, disinfect or destroy any property • JLYHRUGHUVbWRSHRSOHWRGRRUUHIUDLQ from certain acts • FORVHURDGVbRUSXEOLFSODFHV 5HIXVDOWRFRPSO\bZLWKWKHVHUXOHVPD\ result in up to three months in jail, and/ RUD1=ȴQHIRUDQLQGLYLGXDORU 1=IRUDFRUSRUDWH The second option the government has LVWKHb(SLGHPLF3UHSDUHGQHVV$FW This becomes available if the prime minister issues an epidemic notice, VKRXOGVKHEHVDWLVȴHGWKDWDGHVLJQDWHG quarantinable infectious disease is “likely to disrupt” or continue to disrupt essential governmental and business DFWLYLW\LQ1HZ=HDODQGVLJQLȴFDQWO\ This notice allows the government, in its truncated form of the executive branch, WRbFKDQJHH[LVWLQJODZVVXEMHFWWRRQO\ a few safeguards of review, some civil rights and constitutional structure.

This means that if deemed absolutely necessary, the government can do nearly anything that needs to be done WRVWRSWKHHSLGHPLFRI&29Ζ'LQ New Zealand.

We can all slow the spread

We all need to work together if we want to slow the spread of COVID-19. Unite against the virus now.

Be kind. Check-in on the elderly or vulnerable Make a difference by: • checking-in on any elderly or vulnerable people you know • dropping supplies to those at home sick.

Washing and drying your hands kills the virus Wash often. Use soap. 20 seconds. Then dry. This kills the virus by bursting its protective bubble.

Cough or sneeze into your elbow It keeps the virus off your hands, so you won’t spread it to other people and make them sick too.

Stay home if you are sick Call your GP before visiting them. Or call Healthline on 0800 358 5453.