Modern Australian
The Times

The law is clear – border testing is enforceable. So why did New Zealand's quarantine system break down?

  • Written by Alexander Gillespie, Professor of Law, University of Waikato
The law is clear – border testing is enforceable. So why did New Zealand's quarantine system break down?

The anger and frustration at New Zealand’s border quarantine failure have been palpable.

Two women, recently arrived in New Zealand, were granted compassionate leave from quarantine to be with grieving family after a parent’s death. But they were not tested for COVID-19 before being allowed to travel the length of the North Island by car. Both later tested positive.

Since news of the failure broke, other examples of mismanagement and claims of an overly relaxed quarantine regime have emerged.

Having endured lockdown and now nursing an ailing economy back to life, the “team of 5 million” has not been forgiving. Nor has Prime Minister Jacinda Ardern, who directed her director-general of health to immediately suspend compassionate exemptions for anyone in quarantine.

Read more: 2 new COVID-19 cases in New Zealand, but elimination of community transmission still stands

The fact she has also called in the military to oversee quarantine facilities and strengthen border control speaks volumes. The deployment of our armed forces was always an option during the emergency. The government wisely chose not to do so in any highly visible way.

Now it’s different. But rather than being a move against non-compliant New Zealand citizens or visitors to the country, it’s a last resort in response to the failed bureaucracy that allowed the mistakes to happen.

Legal uncertainty is not to blame

While the specific point of breakdown in the chain of command governing quarantine management has yet to be pinpointed, one thing is beyond doubt: this is not a matter of legal uncertainties.

The powers of the government in times of infectious and notifiable disease are vast under the Health Act. With the paramount goal of protecting public health, the obligation to direct people for medical examination and contact tracing is clear.

If there was any doubt about those existing powers during the COVID-19 crisis, two other pieces of legislation cleared it up.

First, specific laws were introduced with the Immigration (COVID-19 Response) Amendment Act. This gave the government additional powers to add conditions to all forms of visas as is “reasonably necessary to manage the effects, or deal with the consequences, of […] COVID-19”.

Second, the much-disputed COVID-19 Public Health Response Act 2020 established orders that could be made to “require persons to refrain from taking any specified actions that contribute or are likely to contribute to the risk of the outbreak or spread of COVID-19”.

Read more: The next once-a-century pandemic is coming sooner than you think – but COVID-19 can help us get ready

Those orders extend to requiring people to be isolated or quarantined, report for medical examination or testing, and provide any information needed for contact tracing.

At the core of this debate is a question of compulsion. The challenge lies in finding a path between the continuing global emergency and a domestic situation that is largely controlled but vulnerable. Enforced quarantine, mandatory testing and contact tracing are the logical solutions in protecting our borders, and the current legislation provides for them.

Longer term – especially if and when a vaccine is developed – this will be a difficult debate. Kiwis (rightly) do not like the idea of compulsion, unless there is a clear and declared emergency.

Furthermore, the right to refuse to undergo any medical treatment became part of our Bill of Rights. This has been interpreted as the right to object to a range of medical practices, vaccinations being most notable. The question will be whether this interpretation is correct and, if so, whether it can be overridden for the public good.

Regardless, the existing pieces of legislation should have been ample to protect the population from exposure to the two women in question.

Read more: The coronavirus crisis shows why New Zealand urgently needs a commissioner for older people

We need a royal commission of inquiry

There is now an immediate need to assign accountability to the individuals or groups responsible for putting the community at risk. And this leads to the greater need for a royal commission to critically examine this current problem and many others, in the overall way that COVID-19 had been dealt with.

From the first national diagnosis of the COVID-19 crisis all the way to the recovery processes, a royal commission should be tasked with reviewing it all: the health, scientific, economic, constitutional, legal and cultural elements of the event.

This would provide a public record of what worked, what didn’t, what gaps were apparent and what could be improved next time. And it is the next time we have to be particularly worried about. Pandemics are an intergenerational problem, and what we are enduring will not be the last such experience.

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/the-law-is-clear-border-testing-is-enforceable-so-why-did-new-zealands-quarantine-system-break-down-141036

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...

National Survey Launched to Measure Operational Impacts of Federal NDIS Policy Reforms

The effects of recent NDIS reforms are beginning to move beyond policy papers and into day to day service delivery. A new national survey is asking ...

Beyond the Nappy Cake: Baby Shower Gifts That Get Used

What new Australian parents unwrap, keep, and quietly thank you for months later. Six weeks after my daughter was born, I did an audit of the baby sh...

Parent-Advocates Are Reshaping Frontline Disability Service Delivery

Parents have always been part of the disability sector. They advocate, coordinate services, challenge decisions and often become the person holding ev...

Vista Cruises Enters "Two-Flagship Era" as Vista Aurora Completes Inaugural Voyage

Vista Aurora Sets Sail along the Yangtze. (Photo courtesy of the company)YICHANG, China — August 5, 2026 — Vista Aurora, a high-end interprovinc...

A Digital Preparation Checklist For International Medical Conferences

An international medical conference compresses many responsibilities into a few days. A delegate may need to present research, move between venues, ...

The Growing Popularity of Lab Grown Diamonds in Sydney and Hong Kong

The diamond industry has changed significantly in recent years as more buyers seek ethical, affordable, and sustainable alternatives to mined diamon...

Modern AI SEO Agency vs Traditional SEO: What’s the Difference

Search engine optimisation has changed dramatically over the past few years. Search engines have become smarter, user behaviour has evolved, and bus...