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Stacy Squires / Stuff
Chief Health Officer Dr. Ashley Bloomfield responded to the legal challenge.
The Wellington attorney, whose challenge to the legality of the coronavirus lockdown was partially successful, has filed an appeal against other parts of the High Court decision.
Andrew Borrowdale, who took the case in his personal capacity, confirmed that documents were presented to the Court of Appeal on Wednesday. No date has been set for the hearing.
The Aug. 19 Superior Court decision he appealed against raised “vital questions related to human rights, constitutional law and the correct interpretation of the statutes,” he said in a statement.
The court decided that for the first nine days of the coronavirus shutdown in late March and early April, the requirement to “go home, stay home” was not legally authorized, and so was an illegal restriction of rights.
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Regardless of what Prime Minister Jacinda Ardern and others said, the decision rested with Health Director General Ashley Bloomfield, and he knew she had not invoked it as a legal requirement, the court said.
But he decided that later stay-at-home orders were imposed in accordance with the law.
Borrowdale said two prominent legal commentators had suggested the decision showed “a high degree of deference to the executive branch.”
It is vital that the laws New Zealanders abide by are properly enacted by Parliament, that their ministries enforce them correctly, and that the law is accessible, intelligible, true and predictable, he said.
“This is even more important in times of real or perceived crisis,” he said.
Compared to other countries, due process law could be quickly invoked for genuine urgency. Setting aside due process on the grounds that it impeded action made it even more important that executive decisions be made and enforced in accordance with the law, he said.
A spokesperson for the Attorney General confirmed that the Government had received a formal notification of the appeal and that no decision had been made on whether to file a cross appeal. The Government had 10 business days to respond.
