Police never raised concerns with him that they did not have the legal powers to enforce the Covid-19 lockdown, the Director General of Health says.
The first Health Act order for lockdown was put in place on March 25 with stricter measures made in a more detailed order partway through lockdown on April 3.
“No, they (police) didn’t raise concerns, but both ourselves and the police and Crown Law were very thoughtful about making sure that the section 70 notices that have been issued sequentially did provide a sound legal basis for the full range of expectations that we were putting on people, including the police powers to enforce those expectations,” Dr Ashley Bloomfield said today.
Dr Bloomfield says he believes police were covered at the beginning of lockdown prior to the issuing of a detailed section 70 notice.
“Our sense was they were (covered) however we felt that issuing a very detailed section 70 notice was the best way to just provide that assurance that there was the legal basis for them to exercise those powers.”
He said the Health rather than the Civil Defence Act was used because there was a very real public health threat.
“The fundamental reason we have put these very significant restrictions in place is because of a public health threat - the threat of a pandemic from an infectious agent.
“And so it’s very appropriate that we use these powers that are there under the Health Act 1956 and it was felt that was the best basis for providing a legal framework for the lockdown measures to be implemented,” Dr Bloomfield said.
He emphasised close discussions have continued with police and Crown law over Alert Level 4 and into the move to Level 3.
Earlier today, the Police Commissioner told RNZ he is confident police acted lawfully in enforcing the level 4 lockdown.
A state of national emergency remains in place across New Zealand.
A link to the relevant legislation and the Government's legal notices can be found here.
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