The Court of Appeal has rejected an argument that the Covid-19 lockdown was put in place unlawfully in 2020.
It follows a hearing brought by Dr Andrew Borrowdale against the Director-General of Health Dr Ashley Bloomfield and Attorney General David Parker in July in Wellington.
The High Court ruled in August last year that one aspect of the lockdown was justified but unlawful, then Borrowdale went on to appeal the claims that failed.
In the Court of Appeal, James Farmer QC argued that Bloomfield didn’t have the legal authority to order a national lockdown, claiming section 70 of the Health Act which covers "special powers of the medical officer of health" for infectious and notifiable diseases was not fit for purpose for ordering the country to isolate.
He said this error continued until the Covid-19 Public Health Response Act was passed in May 2020.
James Farmer QC also questioned whether Bloomfield unlawfully delegated the decision on which businesses could stay open during the national lockdown to other Government staff.
The Court of Appeal said in a ruling today it’s satisfied Parliament had intended for the Health Act to be ‘broad enough’ to be used to order a national lockdown.
It said this law limits New Zealander’s rights and freedoms but, "these limits are justified in a free and democratic society".
The Court of Appeal also judged the Director-General of Health did not unlawfully delegate other Government officials to make decisions on what businesses were essential.
However, further exemptions that allowed some businesses to remain open were likely made without authority, the judgement said.
No financial costs were ordered by the Court as it said the issue was a matter of significant public importance.
"Dr Borrowdale and his counsel have provided an important service to the community by presenting the Court with the issues that we have addressed," the ruling said.
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