Government Accountability for the Lawfulness of Lockdown: New Zealand Parliamentary Scrutiny and Privileged Legal Advice
Abstract
The New Zealand Government recently lifted its "Level 4" COVID-19 restrictions. Significant restrictions, including coercive powers restricting basic liberties, remain active. Parliament's Epidemic Response Committee is now planning to issue summonses for the production of legal advice given to the Government for these extraordinary measures. This advice is covered by legal professional privilege, which can be waived by the Government. This note explores the current context of scrutiny of the lawfulness of New Zealand's lockdown measures, and what could (and should) be done by Parliament, if the Government refuses to waive its privilege.
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The United Kingdom Constitutional Law Association (UKCLA) Blog