19 Jan 2022

MIQ system High Court challenge delayed

3:50 pm on 19 January 2022

New Zealanders challenging the government's management of MIQ will have to wait three weeks longer for their High Court case to be heard.

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Photo: RNZ / Marika Khabazi

Grounded Kiwis is seeking a judicial review of the MIQ system, alleging the lottery room releases and limited emergency allocations - which make it difficult for New Zealanders to get home - are unlawful, unreasonable and breach the Bill of Rights.

Yesterday in an urgent teleconference, the Crown made an application to adjourn the High Court hearing scheduled next week, seeking more time to respond to evidence filed in January.

Grounded Kiwis said the judge agreed on a short adjournment until 14 February.

The group has raised more than $192,000 through crowdfunding for the legal challenge.

Just last night the government paused the next MIQ lottery altogether, due to the number of new Omicron cases at the border.

Covid-19 Response Minister Chris Hipkins says pausing the next MIQ lobby is temporary while the facilities are "under extreme pressure" from New Zealanders returning from overseas with Omicron.

"It recognises how easily Omicron spreads, despite the extra layers of protection put in place in MIQs, and will help protect New Zealanders."

Hipkins says no decisions have been made about when the border will reopen, the conditions of this and in what sequence this will happen.

Cabinet will be considering its options in the next weeks based on the most up to date advice but no rooms will be released until then, he said.

"In the meantime, our focus will be on getting booster rates up and immunising as many 5-11 year-olds as possible before Omicron takes hold in the community.

"There are no easy calls when managing Covid-19 and the government recognises that while this is temporary, it will be disruptive and stressful for a number of people."

Epidemiologist Michael Baker backed the postponement of Thursday's MIQ room release, describing it as a tough decision but one that bought time for the community to get vaccine booster shots.

"We can't manage the number of people infected with Omicron who are arriving into MIQ at the moment.

"Based on past experience, with having this number of infected people arriving into MIQ it just greatly increases the risk of a border failure.

"Turning down the number of infected people arriving is the right decision."

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