David Garrett
Kiwiblog
Over the past few weeks – and particularly since “lockdown” began only two short weeks ago – we have seen police powers growing, seemingly by the day. It began with what former Commissioner Bush called a “three step process”: firstly educate, then warn, then if necessary arrest. Bush seemed to think the veiled threat of “a trip to our place” for those who didn’t satisfy his men somewhat amusing. It was made clear that what was envisaged for persons taken on that “trip” was a period of detention and then – if the person concerned was a good boy and agreed to whatever was asked of them – release without charge. So far so only slightly sinister, although it would be fair to say that most people didn’t really see it that way. It was only libertarians like me who had some disquiet from the beginning.
The next step was a exponential increase in police powers granted by the Medical Officer of Health, the apparently very capable Dr Ashley Bloomfield, by way of a Notice issued under s.70 of the Health Act 1956. It is no exaggeration to say that the powers granted to the police under that Notice far exceed anything seen in this country since the waterfront strike/lockout in 1951; they are arguably greater than 70 years ago.
If any reader thinks that statement is hyperbole, I strongly urge them to read the said section 70 – just Google “New Zealand Legislation” and insert “Health Act” into the box. A Notice under s.70 allows persons acting under the direction of the Medical Officer of Health to: order that animals be destroyed; require persons to submit themselves for medical examination or testing at a prescribed place and time; require persons and places to be disinfected; require persons to remain where they are until declared free of disease; and most draconian of all – and that is not a word I use lightly – do anything listed under s.70 (2), which bears quoting in full:
s.70 (2) The medical officer of health, and any environmental health officer or other person authorised in that behalf by the medical officer of health, may at any time, with or without assistants, enter on any lands, buildings, or ships, and inspect the same and all things thereon or therein; and may do, with respect to any persons, places, lands, buildings, ships, animals, or things, whatever in the opinion of the medical officer of health is necessary or expedient for the purpose of carrying out the foregoing provisions of this sectionIn other words, the police – or any other “authorized” person – may enter into your home and do “whatever in the opinion of the Medical Officer of Health is necessary or expedient…”. These are extraordinary powers, seemingly without obvious limit.
