Grounded Kiwis files judicial review claim in High Court over MIQ

Friday, 8 October 2021

The Grounded Kiwis advocacy group has filed a judicial review claim in the High Court on Friday.

Grounded Kiwis has filed a judicial review claim in the High Court against the Government over its managed isolation system.

The advocacy group filed the claim on Friday against the minister of health, minister for Covid-19 response, and chief executive of Ministry for Business, Innovation and Employment alleging they acted “unlawfully and unreasonably” in the design and operation of the MIQ system.

In a statement, Grounded Kiwis spokesperson Alexandra Birt said the Government had “failed to take into account and protect the right of New Zealanders to enter New Zealand”.

The claim alleges the previous “first-in-first served” allocation system, the current “lottery” allocation system, and the emergency and group allocation systems are in breach of section 18(2) of the New Zealand Bill of Rights Act 1990.

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Grounded Kiwis spokesperson Alexandra Birt said the judicial review claim had “significant importance” because MIQ was the first time the Government created a system limiting Kiwis’ rights to return home.

The claim also alleges that various aspects of the system were not prescribed by law, and that the Minister for Covid-19 Response breached the public’s legitimate expectation that he would develop a sustainable, scalable model for isolation as a priority.

Paul Radich QC and Lucila van Dam, barristers at Clifton Chambers in Wellington, are acting for the group.

Birt said the legal challenge was of “significant importance', because it is the first time the Government has created a system limiting Kiwis’ rights to return home.

Pregnant Aucklander Roshni Sami is calling for the creation of a specific MIQ emergency allocation criteria for pregnancy and pregnancy support. Sir Peter Gluckman is supporting her campaign.

The group wasn’t challenging the need for some form of isolation but the way in which it was operated, she said.

A recent Grounded Kiwis petition – calling for a fairer managed isolation system – garnered nearly 23,000 signatures.

There have been three rounds of the current virtual lobby system. In the most recent round, 28,406 people queued for 3,739 available rooms between October and January.

In total, 6,449 people from 126 countries secured vouchers.

Tens of thousands of others missed out and have spoken of their frustration and stress to Stuff.

And a pregnant Auckland woman recently filed a legal challenge against the Ministry of Business, Innovation and Employment (MBIE), in a desperate attempt to get an MIQ voucher for her stranded husband hoping to get home for the birth of his first child.

Grounded Kiwis has filed to become an incorporated society, and will bring the claim in its capacity as a society advocating for New Zealanders impacted by MIQ.

The group now plans to crowdfund NZ$70,000 for anticipated litigation costs to bring the case to trial.