Alexandra Birt from Grounded Kiwis talks about how she felt about the hearing. Video / Hazel Osborne
A decision on whether the Government acted unlawfully or unreasonably in implementing the MIQ system may take some time due to the sheer volume of information submitted to the courts this week.
A two-day judicial review wrapped up in the High Court at Wellington today with Justice Jillian Mallon reserving her decision and saying she could not give a timeframe for when it would be ready.
The case was taken by a Grounded Kiwis, a group that claims the Government acted unlawfully, unreasonably, and in breach of section 18 (2) of the New Zealand Bill of Rights Act 1990 that states every New Zealand citizen has the right to enter New Zealand.
Spokeswoman Alexandra Birt said the group want an acceptance that MIQ system has failed New Zealand citizens overseas.
Lawyers representing the Government say returning citizens have always been at the heart of the MIQ system - a system designed to bring Kiwis home.
Crown prosecutor Aedeen Boadita-Cormican defended the system, saying the Government created a something that was fair to all Kiwis, home and abroad, under extreme circumstances.
She said she was not trying deny the personal experiences of Kiwis who felt victimised by the MIQ system, and acknowledged that many people have made sacrifices and suffered hardship over the course of the pandemic.
Instead, she said that in the context of the unprecedented pandemic a system such as MIQ that is created out of urgency requires leeway.
The Crown argues that the Government had to look at an outcome that enabled the least impact on all New Zealander's lives, and she said returning Kiwis were always at the heart of the MIQ system since its inception.
"It has been designed to bring New Zealanders home," Boadita-Cormican said.
Grounded Kiwis spokeswoman Alexandra Birt. Photo / Mark Mitchell
The system has been criticised by the Grounded Kiwis legal team as one that hasn't adapted with the times, but the Crown says MIQ has undergone 200 changes and that there has been a constant consideration of how it can change for the better.
Boadita-Cormican said there is a constant push-pull within the system, as opposed to what she referred to as a "set and forget" approach that was discussed in yesterday's proceedings.
This system, as the Crown outlined in court, is a complicated one with a long list of requirements for all 33 facilities.
She said MIQ is a constantly iterating system, but acknowledged it is a system with limits as the Government ruled the most effective quarantine structure was one that was managed.
The crux of what is sought by the Grounded Kiwis is a declaration of inconsistency and for the Government to readjust its lens and put the "pendulum" in a better place in regards to NZ citizens overseas, so that future decisions can be aided by a more just point of view.
Boadita-Cormican said people expected that "pendulum" to swing in a controlled way, but it has met headwinds in a seismic shift.
The Grounded Kiwi group say the social cost of the MIQ system has been too high.
The hearing of Grounded Kiwi seeking a judicial review of the MIQ system and an acceptance that the system itself has failed New Zealand citizens overseas has wrapped up. Now, it's a case of wait and see, Birt said.
The group claims the Government acted unlawfully, unreasonably, and in breach of section 18 (2) of the New Zealand Bill of Rights Act 1990 that states every New Zealand citizen has the right to enter New Zealand.
Justice Jillian Mallon said her decision on the case will be reserved, and due to the volume of information submitted to the courts, would not confirm a time frame of release.
Lawyers representing the Government say returning citizens have always been at the heart of the MIQ system - a system designed to bring Kiwis home.
The judicial review of the MIQ system will continue in the High Court at Wellington.
Crown prosecutor Aedeen Boadita-Cormican defended MIQ, saying the Government created a system fair to all Kiwis, home and abroad, under extreme circumstances.
She began submissions by saying she was not in court to deny the personal experiences of Kiwis who felt victimised by the MIQ system, and acknowledged that many had made sacrifices and suffered hardship over the course of the pandemic.
She add the Crown's argument was not in any way seeking to deny or detract from the impact on people.
Boadita-Cormican instead said that in the context of the pandemic, which they have described as unprecedented, a system such as MIQ that was created out of urgency requires leeway.
The Crown argues that the Government had to look at an outcome that enabled the least impact on all New Zealander's lives, and said returning Kiwis were always at the heart of the MIQ system since its inception.
"It has been designed to bring New Zealanders home," Boadita-Cormican said.
The system has been criticised by the Grounded Kiwis legal team as one that hasn't adapted with the times, but the Crown says MIQ has undergone 200 changes and that there has been a constant consideration of how it can change for the better.
Boadita-Cormican said there is a constant push-pull within the system, as opposed to what she referred to as a "set and forget" approach that was discussed in yesterday's proceedings.
This system, as the Crown outlined in court, is a complicated one with a long list of requirements for all 33 facilities.
She said MIQ is a constantly iterating system, but acknowledged it is a system with limits as the Government ruled the most effective quarantine structure was one that was managed.
The crux of what is sought by the Grounded Kiwis is a declaration of inconsistency and for the Government to readjust its lens and put the "pendulum" in a better place in regards to NZ citizens overseas, so that future decisions can be aided by a more just point of view.
Boadita-Cormican said people expected that "pendulum" to swing in a controlled way, but it has met headwinds in a seismic shift.
The judicial review of the MIQ system will continue in the High Court at Wellington.
Referring to the Bill of Rights, Crown prosecutor Griffin said all New Zealanders have been limited, one way or another, throughout the pandemic.
The MIQ system still upheld section 18 (2) of the Bill of Rights Act as Kiwis were still entering the country through the system, Griffin said.
"A pandemic is always going to have harsh, sad, intolerable outcomes."
Griffin added that at no point was a Kiwi denied returning to their country if a spot was available, and the right to enter was still operating, just under capacity constraints.
These decisions made by the Government were in the context of a global health crisis, and should be viewed with such a lens, Griffin said.
Crown prosecutor Ian Auld responded to the group's claims that the Government didn't move from 14 days to the now implemented 10 fast enough.
The move in December last year was prompted by the shorter incubation period of different Covid variants.
Auld said under an elimination strategy, the 14-day isolation period was the gold standard and that human rights were fulfilled through avoiding cases overall.
Director general of health Dr Ashley Bloomfield said in an affidavit there was a need to wait to be certain they were "only dealing with Delta before moving those time periods".
A small number of the group travelled to Wellington for the hearing, but in-person numbers were restricted to just Crown and Defence council and Grounded Kiwis advocate Alexandra Birt.
The judicial review was filed in October last year. Since then, the group has raised just over $197,000 through crowdfunding to aid with the costs involved in taking a case like this before the High Court.
