Quote:
The Bill of Rights includes an escape hatch. Section 5 allows for the rights and freedoms protected by the act to be subject to “reasonable limits”.
The test is that the limit has to be “demonstrably justified in a free and democratic society”.
MIQ was set up under the Public Health Response Act, which has to be consistent with the Bill of Rights, Geddis says.
“So is the current MIQ system a demonstrably justified limit on the right to return to New Zealand as guaranteed by the Bill of Rights Act? If it is, then it's fine.
“If it's not, then the order can't be made, you can't have that system, because the Bill of Rights Act takes precedence.”
The idea of limiting the rights of returning Kiwis to protect the health and wellbeing of those already in New Zealand is probably justifiable, Geddis says.
| MIQueue: Is it legal to stop New Zealanders coming home?
__________________
Protecting your peace is way more important than proving your point. Some people aren't open to cultivating their views. Just let them be wrong.
|