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Miq Legal Action

by admin on 23. November 2022 No comments

Murray Bolton says he is relieved by the legal reaction of the Ministry of Innovation and Business Employment (MBIE), which he says constitutes a precedent. However, it is important to remember that this is a complex challenge for a multifaceted regime that has operated with changing attitudes throughout its existence. This is not a simple matter of legality and authority, as we saw in the Borrowdale lockdown challenge. There are countless legal arguments embedded in the challenge. Their weight depends on the aspects of MIQ that are questioned, and perhaps the moment of MIQ`s life implied by certain arguments. In principle, this complaint could gain ground. Judges – supported by common law precedents – tend to favour large doses of discretion and flexibility over strict and irreconcilable rules. The former generally ensure that better justice is done in individual cases. „I have asked my lawyers to share the legal research that has supported and informed our application for judicial review with Grounded Kiwifruit lawyers who are challenging the MIQ system in its current form on behalf of New Zealanders stranded overseas. A complex and delicate challenge to the MIQ system by Kiwis stranded abroad begins today in the High Court.

Dean Knight provides an overview of the legal issues involved. Self-isolation applicants who wish to conduct research to advance their own legal challenges or discuss their situation may contact Jacque Lethbridge, Partner at Martelli McKegg. And the government`s recent announcement to phase out MIQ adds an additional complication. Courts are often timid in judicial review when it comes to deciding issues that are now contentious or outdated, or in circumstances where their views have no direct legal teeth. Bolton said that while his legal steps were costly and should have been unnecessary, he now hoped the significant investment would help others. The legal issues raised by this trial are complex and sensitive, as is often the case with human rights challenges. Bill of Rights cases involve a delicate and focused assessment of the government`s justification for restricting individual rights in pursuit of the broader public good. In the end, however, the judicial review process ended with a much narrower scope. The grounded Kiwis did not actually challenge the operation of MIQ until the last months of last year, their complaint largely boasting that the system had not been adequately reformed or that it had not been eliminated quickly enough. He now wants to help other New Zealanders who lack the financial resources to defend their human rights, which he calls a „broken system“, and plans to publish his legal team`s research and fund other candidates to adopt the MIQ system.

At the end of the day, this is an important case. Our constitutional system is based on the responsibility of government, both politically and legally. These judicial review procedures rightly require the government to declare, justify and defend its border restrictions under legal and human rights standards. The judge`s task is not easy, especially since the court`s task involves delicate weighing and values-based evaluation. While individual cases tended to make headlines, exception management was not directly part of this court challenge. Emphasis was placed on the overall design of the system. The MIQ`s virtue and vices debate has its legal episode this week when the Supreme Court hears a challenge to the border restrictions by Grounded Kiwis, a group that advocates for New Zealanders abroad affected by border restrictions. It is argued that the MIQ unduly restricts the right of citizens to return home, in violation of the New Zealand Bill of Rights Act 1990: section 18(2) provides that „every New Zealand citizen has the right to enter New Zealand“. The case brought by the lobby group Grounded Kiwis concerned the legality of the MIQ system, in particular its impact on citizens` right to return home and whether border controls were justified in the public interest. However, their application was denied, so Bolton hired a legal team led by high-profile lawyer John Billington QC to challenge MBIE`s decision, resulting in the ministry being ordered to reconsider Bolton`s application. She said one of the main problems in the lawsuit against the government was the lack of inclusion of alternatives in the MIQ.

Whatever the outcome, the case invites us to reflect on the importance of being able to return home – to return to our tūrangawaewae – and how this can be achieved without unduly endangering the health and well-being of our community members. A difficult balance. „In some cases, in a way that was not demonstrably justified in a free and democratic society.“ „But we believe that in a democratic society, the courts play an important role in controlling the government`s exercise of power.“ Predicting the chances of success is a fool`s game, especially since this evaluation is very factual and always a difficult judgment.

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