The Chief Ombudsman today said the Ministry of Business, Innovation and Employment acted "unreasonably" when it came to the managed isolation allocation system implemented during the Covid-19 pandemic.
Peter Boshier released the findings of his investigation after receiving "hundreds of complaints" about the way the system was run.
"We ended up with a lottery - a system that did not fully allow for the consideration and prioritisation of individual circumstances of people trying to come home during the Covid-19 pandemic," Boshier said.
"While ministers made the final decisions on the shape of the system, I would have expected MBIE’s officials to provide free and frank, clear and sound advice and recommendations on the fairest options that considered the impact it would have on people.
"This would have allowed decisions to be made, not just with reason, but with sympathy and honour."
However, Boshier admitted that MBIE had a tough job, as New Zealand faced an unprecedented challenge.
"I acknowledge that another type of system, which provided for consideration of individual circumstances would have been more complex, time-consuming and costly to implement than the virtual lobby," he said.
"But I do not consider these challenges provided sufficient rationale for MBIE not to advise and recommend to decision-makers options for such a system - the impact on people was too severe. A fundamental human right was being limited and people's lives were being significantly impacted.
"It is obvious that managed isolation and quarantine (MIQ) and MIAS caused a huge amount of stress and frustration for New Zealanders trying to exercise their right to enter the country."
Boshier listed the ways peoples "individual circumstances" weren't taken into consideration.
- MBIE recommended a virtual lobby over other options when a change in the online application process for spaces within MIAS was being considered;
- While some spaces were set aside for people with special circumstances under the voucher system available off-line, this did not cater for many New Zealanders who had a genuine or urgent need to travel nor those experiencing delays in returning to New Zealand.
- It failed to fully ensure there was a way for disabled people to independently apply for vouchers.
"I also believe MBIE acted unreasonably by failing to undertake an analysis under Te Tiriti o Waitangi when developing its online allocation, and by not consulting with Māori sooner," Boshier said.
Boshier recommended the issues raised in his investigation be applied to, "any future national quarantine system".
Grounded Kiwis case
It comes after earlier this year, the Grounded Kiwis lobby group won a High Court case on MIQ, with a judge ruling the way New Zealand's borders were managed during part of the Covid-19 pandemic did, in some cases, impede the right of returning New Zealanders in a way that was not justified in a free and democratic society.
Justice Mallon acknowledged MIQ had played a vital role in achieving the Government’s public health objectives, but there was evidence that some of those who tried to return were faced with unreasonable delays.
The Government didn't appeal the ruling.
According to MBIE, 229,958 people returned to NZ through MIQ.
MBIE Responds
MBIE this afternoon released a statement saying it welcomes the Ombudsman's investigation.
It added: "MBIE is confident that it provided a high standard of advice to ministers on the operation of MIQ given the challenging environment.
"The need for urgent decisions resulted in an iterative policy process and traversed significantly complex issues and as such, whilst MIQ was in operation MBIE operated under a policy of constant improvement, there were several reviews of the system and MBIE feedback from several areas including the Office of the Ombudsman, users of MIAS, and more recently the findings of the Grounded Kiwis Judicial Review."
However, the agency admitted that the allocation system was "not perfect" and "some people were unable to secure a place in MIQ whilst in extremely challenging circumstances".
"MBIE further acknowledges that due to the speed and urgency with which MIAS was developed meant that there was not the kind of consultation that would ordinarily have taken place when dealing with our Treaty partner/tangata whenua and specific groups, including people with disabilities.
"The lack of engagement and adequate consultation during this process was less than ideal and MBIE has since made considerable efforts to engage with iwi/Māori to ensure the system responded appropriately to their concerns. MBIE also undertook several accessibility reviews in order to improve the system for those with disabilities."
MBIE said work is ongoing to improve the allocations process in case it's needed again.
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