A challenge is underway to the Covid-19 lock down strategy. The Plaintiffs are claiming it was illegal. That raises a dilemma for the government. Clearly the action taken had the support of the community and seems to have had the desired effect. There remains the possibility that another lock down, either national or regional, may be needed. If the Court decides the Plaintiffs are correct then an emergency session of Parliament has to be an option to allow what is necessary to combat the spread of the disease. Heaven forbid the clear and effective measures taken to date are replaced with the kind of uncertainty, vagueness and in essence stupidity that has been seen in some other countries.
The need for proper procedure and powers to require the kind of action our Government took is without question. Those challenging the law used to authorize the lock down demonstrate that the rule of law exists in NZ, that access to the Courts even in times of crisis is available and that unlike some other countries with written constitutions our system made up in part of written law and in part by convention is robust and effective. The checks and balances to retain personal rights and freedoms have functioned well at a time when the needs of the community as a whole have had to take priority. Sadly, that is not the case elsewhere with disastrous results.