The legislation soon to be signed into law allows the government to keep doing what it’s done so far – while also giving it controversial new powers, writes political editor Justin Giovannetti.

The government is currently attempting to quickly push through legislation that provides ministers and police with sweeping powers to battle Covid-19 for years to come. The new rules will impact every New Zealander as we enter a new normal.

Why are they doing this?

The country went into lockdown under a series of laws designed for short-term emergencies. The main law used, the nearly 65-year-old Health Act, wasn’t really designed to create and enforce constraints on people’s lives over many years. The government also received legal advice that it was probably flirting with a court challenge if it didn’t come up with a law for the long-term.

While this legislation is necessary to allow for Covid-19 rules to continue under level one and two, it also allows the government to quickly ramp back up to level three or four again if needed.

So what do I need to know?

The most important point about this is that the legislation allows the government to keep doing what you’ve seen over the past number of weeks. Lockdowns, quarantines as well as police warnings and fines for flouting social-distancing rules are now something the government can create and enforce with ease.

You may have heard that police will be able to enter your house without a warrant if they think you’re violating the government’s Covid-19 rules. The health minister can also designate almost any government employee to enter a business and shut it down if people aren’t following the rules.

Initially the government wanted to give police the explicit power to enter marae without a warrant. However, they dropped the language in the legislation because of widespread unease that the law seemed to target marae.

Prime minister Jacinda Ardern said today that the language was meant to protect marae, but conceded that it had not been well received. With the change, police can still enter marae without warrant and must report the entry to a local marae committee. In practice, nothing changed.

So what changes?

Up to now most of the rules you’ve been living under have been approved by the director general of health, Ashley Bloomfield. Under the new legislation, those powers are now shifted to the health minister. The minister can now order regions into quarantine if the virus flares up again, or he can order entire groups of people to stay home.

How long will this law be in effect?

Initially the government wanted the legislation to last for two years, but it eventually agreed with a change proposed by the National Party that parliament vote every 90 days or so to keep the law going.

Why does the government say we need this?

Enforcing level one and two is pretty much impossible without it.

And what does the opposition think?

They aren’t all that happy about it. National’s Judith Collins warned that it felt like we would be entering a “police state”. ACT leader David Seymour initially said he supported the government because the legislation allowed for the return of rule of law. But on Wednesday morning, after reading more of the 36 page document, he said it went too far and retracted his support.

Wait, go back a minute. The cops can enter my home without a warrant?

Yep. Under this legislation, if the police have “reasonable grounds” to suspect you’re failing to comply with Covid-19 rules they can now enter your house without getting a court order. In practice, that means if you have a lot of cars parked out front or loud music and lots of voices spilling out of your house, you should probably expect a visit from the police. It’s unclear if they’ll knock before they let themselves in.

They can also enter any vehicle, land, boat or pretty much anything else you can imagine.

Police have been allowed to enter without a court order throughout the Covid-19 emergency. They now need to write up a report and document their reasonable grounds after they’ve made a warrantless entry to your house. That’s a new rule meant to create more accountability.

Were police allowed to enter my house without a warrant before Covid-19?

While the new enforcement powers are “pretty extreme”, according to Andrew Geddis, professor of law at the University of Otago, New Zealand has a long history of allowing police to make warrantless entry into private homes.

Existing legislation lets police enter your house without warning to stop a serious crime, to take your guns, to take your drugs or to catch a spy (really).

What do business owners need to know?

While only uniformed constables can enter your home, the legislation allows the minister to pretty much designate any government employee as an “enforcement officer” to enter businesses. Those officers can enter a business and order it closed immediately if the rules are being broken.

The government asked Andrew Geddis for his advice before making the legislation public and this was one of the sections he was worried about, he told The Spinoff. Enforcement officers don’t actually need to provide businesses with any type of written order or reasoning for shutting them down under the legislation. So if a businesses had to go to court to complain, their evidence for the judge would be: “Mate in a fluorescent vest walked in and told me to shut down”.

The government could create rules in the future to require more from enforcement officers.

This feels like it goes pretty far. 

The legislation certainly restricts some civil liberties in exchange for combating Covid-19. The government released a 12-page legal opinion that concluded the legislation respects New Zealand’s Bill of Rights.

While during normal times you can expect that police can’t enter your house without a warrant, the legal advice concluded these aren’t normal times. “The exceptional nature of the risk posed by Covid-19 does justify some limits”, it said.

Do civil liberties groups back the government on this?

Not really. Amnesty International has said that it doesn’t “believe sufficient human rights scrutiny has taken place”. The group has asked parliament to undertake a deeper review in the coming weeks so that the public can have faith in what are really far-reaching new powers. The Human Rights Commission had similar problems with the rushed nature of the legislation and the lack of public oversight so far.

So when does the government want this legislation to come into force?

It needs the bill to pass into law by 11.59pm, when alert level two begins. If that sounds ridiculously fast for legislation only made public yesterday afternoon, that’s because it is.

This piece was written for the move to level two in May, 2020. For the up-to-date rules for delta level two in September 2021, read this.

The rules for level two will be introduced in three phases. Here’s our bumper collection of the restrictions that will apply when we jump down from alert level three.

When does New Zealand move into alert level two?

Mostly on Thursday May 14. Or, more specifically, if you’re desperate to burst that bubble, at 11.59pm on Wednesday May 13.

Why “mostly”?

It’s a bit staggered. Education is back on May 18. Bars on May 21. More on that soon.

So bubbles can be burst under alert level two?

Yes. Kiss your bubbles goodbye. They fly so high, nearly touch the sky, then like your dreams – well, bubbles cease is the point.

I can meet up with friends and family?

Go ahead. The only rule is that groups need to be kept to 10, maximum – at least until May 25, when that number will be reviewed.

What if my existing bubble is currently more than 10? Will evictions be required?

Of course not. But it could be a good way to spend an evening / tear what is left of your family solidarity apart.

What if I get sick?

Stay home. Do not go to work. Do not go to school. Call Healthline.

What can I do to help the contact tracing part of the equation?

We’re still waiting for contact tracing app news. If you run a business or a workplace, you need to retain information on visitors. But you can keep a record of where you’ve been and who you’ve come into contact with. Think of it as a diary. For posterity.

Which businesses can open?

Almost all. Workplaces need to meet distancing, hygiene and contact tracing requirements.

Education. What’s open?

Pretty well everything. Early childhood centres: open. Schools: open. Tertiary institutions: open. But not until Monday May 18.

Do kids have to go to school?

The default switches now from stay at home if you can to go to school unless you can’t. If students are vulnerable or have health issues, contact the school to discuss keeping them at home. For more information about education provisions in general, see here.

How on earth can schools and ECE realistically achieve distancing?

It’s clearly not feasible for under-5s, and barely at schools. In both cases, they will introduce their own measures, but those will include a big boost in hygiene precautions.

Doesn’t that make these education providers a big risk as transmission vectors?

The evidence suggests otherwise. See Siouxsie Wiles’ article on the subject for more.

Can I go to a cafe or restaurant?

You can and you deserve it. As long as you’re seated and there are fewer than 100 people there. And the establishment must meet distancing, hygiene and contact tracing requirements. And the four S’s.

What are the four S’s?

Patrons must be seated and separated, with a single server. That is, you can’t have a bunch of different waiting staff serving the table.

Can I go to the pub?

As of Thursday May 14, pubs and bars can open as long as they serve every customer a meal. Otherwise, pubs and bars and taverns and brasseries, and even, I supppose, “drinkeries” can open from May 21.

Does the 100 person maximum include staff?

No. A hundred punters plus staff is the limit.

Will the movies be back?

Cinemas can reopen. A film can only be screened to up to 100 people, however. And they must meet distancing, hygiene and contact tracing requirements.

Markets and malls?

These can reopen, but will need to meet distancing, hygiene and contact tracing requirements.

What about public libraries?

They’ll reopen, but will need to meet distancing, hygiene and contact tracing requirements.

Museums and galleries?

Same. Reopen, as long as they meet distancing, hygiene and contact tracing requirements.

Does the 100 rule apply to the likes of malls and museums?

No, so long as there is not “intermingling”. But they’ll need to meet distancing, hygiene and contact tracing requirements.

Is it annoying typing meet distancing, hygiene and contact tracing requirements over and over?

It’s a pleasure. Meet distancing, hygiene and contact tracing requirements. Meet distancing, hygiene and contact tracing requirements. Meet distancing, hygiene and contact tracing requirements. Meet distancing, hygiene and contact tracing requirements. And they’ll need to meet distancing, hygiene and contact tracing requirements.

How many people can attend a funeral, or a tangi, or a wedding?

A maximum of 10.

Important update: on Wednesday afternoon the health minister, David Clark, announced this rule had been changed, following a “genuine wave of public concern”, from 10 to 50. More information in the live updates here.

Ten? But a restaurant or a cinema can have up to 100?

This is proving one of the most controversial measures. But yes. The rationale is that it’s hard to keep people apart at such emotional times.

Religious services?

Ten. If you have a dozen apostles you have some difficult decisions to make.

If you can’t do more than 10 at a funeral can you at least gather 99 at a pub for a wake?

No. You’re not permitted to gather a group of 10 or more together to go to a cafe, or a cinema, or wherever.

Didn’t Winston Peters say you could?

Winston Peters has said a lot of things.

Is travel allowed?

Yes. Travel across regions is all good.

Can I fly?

You can. Air New Zealand says it will be enforcing distancing rules, which means it won’t be able to sell the full cabin, which means – well, it may not be cheap.

Any idea which destinations Air NZ will be flying to?

As it happens, yes. From Auckland to Christchurch, Gisborne, Kerikeri, Napier, Nelson, New Plymouth, Palmerston North, Tauranga, Wellington, Whangarei and Queenstown. From Wellington to Auckland, Blenheim, Christchurch, Gisborne, Hamilton, Napier, Nelson, New Plymouth, Rotorua, and Tauranga. And from Christchurch to Auckland, Dunedin, Invercargill, Nelson, Palmerston North, Wellington and Queenstown.

What about overseas?

Not for business or pleasure.

Isn’t there a “trans-Tasman bubble”? Can’t I fly to Australia?

No. That’s an idea that is being discussed. We don’t know when it might actually happen.

What about sport?

As far as professional sport is concerned, the likes of Super Rugby and Premiership Netball can resume on the basis that they “take place in controlled workplaces”.

Can we go and watch them?

No. But they may be televised.

What about community sport?

It won’t go back to anything like normal. Unlike professional sport, community sport has to stick to the 10 person maximum.

Can I go to the pub?

We covered that already. Try to calm down.

Do borders stay closed?

Yes. Anyone who arrives – and with a few exceptions that’s New Zealand citizens only – must go into isolation for 14 days. The state pays for it, and some people end up in flash hotels.

Can I travel out of the country and back in again to get a fortnight in a flash hotel with an inescapable requirement not to see anyone and just read books and watch television and?

This is not covered in any official advice but we’re going to say no.

Will playgrounds reopen?

Yes. This includes the “four S’s”: slides, swings, and see-saws.

What are the physical distancing rules, generally speaking?

Keep your distance when you’re out. Aim for two metres. When you’re in the workplace, or venues such as cafes, cinemas, shops, malls or places of worship, make that one metre.

Domestic and home cleaners?

All go.

Hairdressers, beauticians, nail bars?

All can open. Distancing won’t be possible for many, so there are guidelines around the use of protective equipment. Normal chat may be difficult via the mask but you’ll work it out.

Physiotherapists? Dentists? Chiropractors?

Same.

Will gyms reopen?

Yes. With the distancing rules and the rest.

Pools?

Open.

Walking, biking and hunting on public conservation land?

Yup. Ideally not all at the same time.

Can I go out on the boat, including motorised watersports?

Yes.

Jetskis?

Jetskis are now banned permanently and by law must be smeared in duck fat and buried in a very deep hole with your favourite pyjamas. No need to look this one up, take my word for it.

How about hospitals, doctors, other health and disability care services?

As far as possible these resume normal service. Remote consultations will remain wherever possible. Distancing and infection control guidelines will apply.

Will hospital visitors be allowed?

As explained by Ashley Bloomfield, in high risk areas such as emergency, intensive care and maternity, it will be one visitor per day, and in other parts of the hospital, one visitor at a time. There will be flexibility on the part of individual DHBs and clinicians.

And rest home visitors?

Visits to most retirement homes and aged care facilities will begin to return to normal, but there will be restrictions. Call ahead to check on the details.

Any more detail on what businesses need to do?

Absolutely. You can have customers on the premises if you have a good functioning contact register or system that will record everyone who visits. Keep physical distancing of a metre between customers – or two metres if it’s not possible to keep contact tracing records. No groups of customers over 10 (in number, not age). And customers shouldn’t stay on site for more than two hours. You’ll want hygiene procedures in place, such as hand washing and regular cleaning of surfaces.

What about providing services at a customer’s home or workplace?

Go right ahead, usual caveats.

Should businesses still have people work at home if possible?

That’s “encouraged”.

What are the rules for travelling?

Here’s the official guidance: “You can travel around the country if you follow good personal health measures. You will need to keep records of what travel services you use and keep track of who you have been in contact with. You should keep your distance from groups of people you don’t know. You should minimise the number of places you stop on the way to your destination.” If you can avoid peak times, do. Avoid sitting next to someone you don’t know, or standing. Which for most of us is not difficult.

Can I still drive around with an expired warrant of fitness or driver licence?

As of the time of writing, the NZTA official site says you can continue to drive with a driver’s licence or warrant of fitness that expired on or after January 1 2020. Unless you’re reading this at the time I’m writing it, however, you might want to check.

How will these rules be enforced?

The government is pushing through legislation under urgency to enable fines and criminal charges for breaches. They need it signed and sealed by the end of today (Wednesday).

How long does alert level two last?

Cabinet will review the rules, particularly as far as that “groups of 10, tops” rule is concerned, on Monday May 25.

Will the daily Ardern-Bloomfield campfire briefings continue?

Look, last time we did one of these monster posts, we said no they won’t, because Jacinda Ardern had said they wouldn’t, but then she changed her mind, so who knows really? Maybe they will just keep doing them forever, long after Covid-19 has disappeared, day after day, through the seasons, until the sun explodes.