A legal expert says the sweeping powers the Government is using to expand rules around mandatory mask-wearing aren’t of concern yet.
The Government announced yesterday it was making mask-use mandatory on Auckland public transport and on flights NZ-wide from midnight Wednesday.
University of Otago Law Professor Andrew Geddis said that the Covid-19 Public Response Act was set up to allow precisely these sorts of changes to be made, with the Act delegating to the minister.
He said the fact some public health experts are calling for more drastic measures shows the Government is not overstepping the mark.
“The fact that there are public health experts calling for more draconian actions to be taken more quickly makes me think that the Government certainly isn’t overusing them at the moment,” Geddis said.
“The mandate is pretty minimal in terms of its impairment of individual liberty so it’s a reasonable step,” Geddis said of the new changes.
The effectiveness of legal powers did rest on community buy-in, with spot fines able to be given for people on public transport not wearing a mask, Geddis said.
The new rules come into effect on Thursday. (Source: Other)
“There can’t be a police officer on every street to force people to do what they are ordered to,” he said.
People who deliberately don’t wear a mask on public can be charged and potentially imprisoned, Geddis said.
Challenging these new mask-wearing rules in court would be difficult because as Geddis explained, “the legislative backing was so wide and also the public health advice seems so strong”.
Geddis said Covid-19 Recovery Minister Chris Hipkins was able to make pronouncements under the Covid-19 Public Response Act because the Government had changed the power from the Health Minister to the newly created Covid ministerial role under the Constitution Act.
He believed that was a stretch and parliament should amend the legislation and put the power in the hands of the Covid-19 Recovery Minister, which didn’t exist when the Covid-19 Public Response Act was created.
Director General of Health Dr Ashley Bloomfield was also able to make regional directives under the Act but the minister had to do so with this week’s changes because the directive was for flights nationwide.
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