19 Aug 2020
BORROWDALE v DIRECTOR-GENERAL OF HEALTH [2020] NZHC 2090
- Citation
- [2020] 2 NZLR 864
- Court
- High Court
The Court held that Orders 1, 2 and 3 were within the Director-General's powers under s 70 of the Health Act 1956 when read purposively and in context, including national application and use of s 70(1)(f) to require population isolation; Order 1 did not unlawfully delegate the Director-General's core power because the Order set the defining standard and operational determinations by lead agencies were advisory/implementational; however, public announcements between 26 March and 3 April 2020 conveyed mandatory Restrictive Measures limiting NZBORA rights that were not prescribed by law during t…