Coronavirus: ‘Troubling’ arrests during lockdown ‘undermine rule of law in New Zealand’ – former Attorney-General:
Newshub
New Zealand Police’s decision to arrest Kiwis during alert level 4 despite being advised they had little legal basis to do so “undermines the rule of law” in New Zealand, the former Attorney-General believes.
The comment from Chris Finlayson comes just hours after leaked emails to NZ Herald revealed that police were told by Crown Law that they had little to no power to enforce lockdown rules.
Finlayson, a former National MP who served as Attorney-General for nine years between 2008 and 2017, says it’s clear the police have acted beyond their powers during the coronavirus crisis.
“We’re a society that is governed by the rule of law, which means the state can’t exercise power over people without the legal authority to do so,” he told Magic Talk host Ryan Bridge on Monday.
“Where do they get this legal authority? From the laws, and the laws should leave no one – not you, nor me – in any doubt at all about what our rights and duties are.
“I’m not surprised that Crown Law has provided that opinion, and I find it very troubling that people were arrested and certain actions taken without a proper legal basis. That total undermines the rule of law in this country.”
Finlayson says he doubts those arrested for breaking lockdown rules will be prosecuted, as Crown Law’s advice proves police don’t have a leg to stand on.
But he says for the sake of clarity for the New Zealand people, Crown Law’s advice on its powers to enforce the Government’s COVID-19 rules must be made public.
Incumbent Attorney-General David Parker has thus far refused to make public the advice, despite mounting pressure from the Epidemic Response Committee and MPs to do so.
Finlayson believes Parker’s refusal means there are parts of the advice “he may not like” – but says that shouldn’t change whether it’s released or not.
“There’s an overwhelming public interest, for people whose freedoms have been curtailed over the last few months, to know exactly the legal basis upon which certain decisions were made,” he said.
Police Commissioner Andrew Coster, who only started in the role last month following predecessor Mike Bush’s retirement, said the legal basis for enforcing the lockdown rules was in the Civil Defence Emergency Management Act.
“I remember, going back to my time as Security Minister, [the Department of the Prime Minister and Cabinet] had a list of national security concerns, and the pandemic possibility was toward the top of that list,” he said.
“I would’ve thought that it would be incumbent on the Government to make sure that the legislative basis for steps that needed to be taken were crystal clear.
“It’s obvious that they weren’t.”
Findlayson has a very sharp mind even if we don’t like the man much.
Lets see him use that mind and his legal prowess to get this govt. crucified.
Parker is an evil bastard. Watched the interview at the committee and he was basically thumbing his nose at the committee. Surely there are some in NZ First or even in Labour or even in the Greens who dislike the removal of our right to know about the reasons for unlawful decisions.
Jacinda’s expediaency is not a good reason. Even if Parker and her think so.
Worst government ever in NZ’s history.
Useless little rodent who worked for Anderson Lloyd solicitors in Dunedin.
Staff I knew there were pleased to see him go.
Watched part of Q+A last night. The part where Winston was interviewed.
HIs body language was interesting.
He looked like a propped up, drugged up person.
None of his usual banter, laughing, challanging the ointerviewer etc which is his normal manner.
His breathing was so heavy that it was noticeable all the way through the interview and his hands were rested on the table the whole time.
He was talking about Labour in 193o’ and what they did to recover from the already recovering depression.
( As a by the way, the housing that is so often attributed to Savage was in fact driven by John A Lee who was Housing Minister outside of Cabinet. Why was he not in Cabinet? That Labour Govt. had a rule that no returned Service Man could be in Cabinet. Lee was so popular that they almost made an enemy of him and like only Labour can do viliified him in every way they could. His books, if you can find one are very interesting. ” Simple on a Soapbox” is one of them.
Makes John Keys rise to politics look positively bourgeois. )
If you didn’t see it go have a look.
He is not for this world for much longer IMHO.
That will start a shit fight.
Never forget that Labour are dirty buggers. At the meeting when they ousted John A Lee from the party for criticising them over their departure from socialist principles he had the right of reply.
They turned off the microphone so no one could hear his response.
Labour wouldn’t recognise a principle if it flew in through the window, did six laps of the room & disappeared up the PM’s arse!
Viking…..
I Agree …Peters looked like an embalmed corpse apart from very heavy breathing.
If he did depart his state funeral will be limited to 10. Does that include him ?
If that bastard Cullen hurries along we could get a two-for-one deal.
Was working for some Funeral Directors today. They were saying that there are some very sad people not being allowed to see there loved ones off.
something I find interesting is that in the Greens shit fight the position of Genter doesn’t seem to be clear. Is she with Shaw or is she in the mad lfar left camp?
No mention of her position that I have seen.
Good points from Chris Findlayson. As a citizen I am bound to follow the law and it is reasonable to expect that the government making the laws and regulations has abided by all necessary provisions.
Advice this was not the case indicates rushed and poorly considered actions. This government has form with short process, rushed and poorly developed legislation. It is difficult to have any confidence in them or their pronouncements that impact on the population.
This is the government that accidentally passed the wrong bill. I cannot imagine more incompetence.
Give them time, I am sure Twitford and Clarke will do their best to plumb new depths of stoopididy.
133 pages of it. Less than 24 hours to read and understand the bill.
Outrageous.
At what point can we as citizens ask the Gov Genral to disband this Govt.
The Aussies did it.
If this government want us to abide by the laws of New Zealand they should bloody well ensure they are using them, or…. they should get parliament sitting to ensure that all parties have a vote on what they should enforce or not. I am so sick of this government and its cohorts. They are underhanded and possibly worse than the mob. All gangs too, at least they know what the rules are or so it seems. To make up rules then refuse to release anything supporting them, just shows they are ruling under no law at all, if not why would they not support their actions by proving it. People with nothing to hide are open and transparent. This crowd are just a shower of Shi**
An interesting example in Australia with the police having pulled over a driver and her passenger, then “detaining” them.
https://www.facebook.com/100038614730957/videos/220328035931019/
7 minute video.
A quick skim through the comments brings up the answers to what finally happened. 🙂
Some support the police, others see that it is the police over reach.
Still interesting as both driver & passenger answer back in the comments, and see it as look & learn experience in guarding their liberty.
– Police questioning people on their political affiliations and donations on behalf of the government
– Police intimidation of people critical to the government
– Police acting outside the legal framework
– Police acting on behalf of the Prime Ministers family
– Immigration acting on behalf of the Prime Ministers friends
– Government contracts awarded without tender to family of the government
– Disarming the population
– Electoral law changes without parliament
– Electoral law changes without cross-bench support
– Captain’s calls
– Suspension of parliament
– Prime Minister controlling media outlets
– Policy being sold for money
– Prime Minister allocating money to media outlets
– Prime Minister removing media outlets from circulation
– Increase in police powers
– Laws applied unequally
– Government support for illegal activities such as checkpoints
– State of emergency declared
Does any of this remind you of a democratic, free country? These are the real actions of Jacinda Ardern.
This voter has stopped listening to our so-called government. I don’t believe anything they say. Socialist Cindy and her crew of misfits are ‘The boy who cried wolf’. They lie and obfuscate, and pass buck. They have achieved absolutely nothing of significance and don’t take responsibility for their frequent F*ups. Look how many ministers should have been sacked but “Cindy doesn’t do that”. They appear not to understand NZ has established laws so the CoL can’t just make shit up and impose whatever they choose on an unsuspecting population. Believing in an ideology doesn’t give the CoL the right to change our NZ culture, our way of life to suit themselves and use our polce force for their own ends. All I hear when Cindy and her minions speak is: “me, me, me, me, me, me, me, me, me, me, me…” 😡 😢
The events of the French Revolution should be a warning to these commie pricks who are habitual liars.
Time to bring out the wagon for their last ride to the town square.
This voter has stopped listening to our so-called government.
No mention of the police execution squad roaming the north island looking for ppl to shoot out of hand, we have a perfectly good Armed offender squad so why do we need cowboys?
Ardern is the former world youth communism leader and conforms to the grand take over plan of one world government lead bye communist china, the U.N., and the U.S. Democrap party.
The picture of her handing a 5 mill check to Crooked Hilary will come back to haunt her, ever ask yourself why the CH-CH massacre defendant pleaded guilty during this manufactured crisis?
Their Climate crisis bull has failed spectacularly so they have brought forward this next False Flag operation to speed up the operation, they poo poo DJ Trumps treatment options to discredit the Prez because hes put a dampener on their takeover plans, they use the Mainstream media to brainwash the people into rejecting simple cheep treatments and push a non existent vaccine, complete with a electronic health certificate track and trace set up.
Why? Its all part of the cunning plan to depopulate the earth, eugenics anyone? Dont support their anti-human agenda, they dont know best, they are just following the orders of the Super rich who are afraid of the general population finding out all about this shiz.
Open your eyes folks, there is a war coming and it is not going to be pretty, best turn the bullshit meter all the way up and lock an load.
Ask your self if you value freedom or do you want a CCP style future, everyone can see where that leads now, systemic violence, Green lockdown to combat Climate change and welfare for all at 25 percent under the poverty level, involuntary organ donation, detention with out trail and low wage slavery for the working poor, while the party members get filthy rich (and free organs for life).
Where We Go One We Go All
Dear oh dear… when will people wake up. We are under martial law. The lockdown was a military coup.
Sadly I agree with you.