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New Zealand Police v Ngarimu [2022] NZDC 13518

Published 02 June 2023

Judge-alone trial — intentionally failing to comply with COVID restrictions — COVID-19 — global pandemic — traveling from level 2 area to level 3 area — COVID-19 Public Health Response Act 2020, ss 9, 11, 13, 15 & 26 — New Zealand Bill of Rights Act 1990, ss 4, 5, 14, 16, 17 & 18 — Misuse of Drugs Act 1975, s 6(6) — Health Act 1956, s 70(1) — COVID-19 Public Health Response Order (No 12) 2021, cll 17 & 18 — COVID-19 Public Health Response (Alert Level Requirements) Order (No 12) 2021, cl 2(1) — Taylor v Attorney-General [2014] NZHC 2225 — Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1, (2007) 23 CRNZ 104, (2007) 8 HRNZ 222 — Borrowdale v Director-General of Health [2020] NZHC 2090 — Borrowdale v Director-General of Health [2021] NZCA 520. Three defendants were charged with intentionally failing to comply with an order under the COVID-19 Public Health Response Act. They had traveled from Taihape, an alert level 2 area, to Auckland, an alert level 3 area, to attend a protest against government COVID response measures. One of the defendants denied the offending, and given the lack of admissible evidence the Court dismissed the charge against her. The next defendant had admitted the offending in her statement to the police, and the charge against her was proved. The final defendant argued that she had been allowed to attend the protest in Auckland by virtue of her rights to freedom of association and freedom of speech. However the Court found that it had to give effect to the COVID-19 legislation, and that it was not entitled to refuse to apply the legislation simply because it was arguably inconsistent with the New Zealand Bill of Rights Act. This charge was also proved. Judgment Date: 18 July 2022.