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The director general of health, Dr Ashley Bloomfield speaks to media during a press conference at the Beehive (Photo: Hagen Hopkins/Getty Images)
The director general of health, Dr Ashley Bloomfield speaks to media during a press conference at the Beehive (Photo: Hagen Hopkins/Getty Images)

The BulletinMay 7, 2020

The Bulletin: Questions swirling about legality of lockdown 

The director general of health, Dr Ashley Bloomfield speaks to media during a press conference at the Beehive (Photo: Hagen Hopkins/Getty Images)
The director general of health, Dr Ashley Bloomfield speaks to media during a press conference at the Beehive (Photo: Hagen Hopkins/Getty Images)

Good morning, and welcome to The Bulletin. In today’s edition: Questions swirling about legality of lockdown, Microsoft moves towards much bigger presence in NZ, and Transmission Gully in turmoil.

On one level, it’s quite a bizarre question – was it legal for the whole country to be ordered to go into lockdown? The question feels strange because in one sense, it doesn’t matter – we did it anyway, and it worked to stop the spread of Covid-19. But looking ahead, it matters a great deal, and it’s worth exploring why. We might need to go into lockdown again at some stage, and the perception that authority is being enforced legitimately matters a great deal to whether people accept it. And on a more fundamental level, it sets an extremely bad precedent if governments and senior public servants can put vast constraints on civil liberties without the legal authority to do so.

As such, a court case will be brought against Dr Ashley Bloomfield, reports Stuff’s Thomas Coughlan. It has been filed by top lawyer and former parliamentary counsel Andrew Borrowdale, who says up front that “bringing the application is not in any way intended to impugn Dr Bloomfield personally or to decry his admirable work”. Rather, he contends that Dr Bloomfield overstepped the powers given to him by the Health Act – the law under which the lockdown was ordered.

The ministry have said they’re confident they acted within the law, and won’t comment further while it is before the courts. For more on the particular legal questions swirling around this, have a read of this piece by academics Claudia Geiringer and Andrew Geddis.

National leader Simon Bridges has also made a move to test the legal basis of the lockdown, reports the NZ Herald. He’s summonsed the Solicitor-General to the Epidemic Response Committee (which he chairs as leader of the opposition) and will ask them to present legal advice given to the government. The story also notes the position taken by Bridges in his capacity as a minister in 2013, when he noted that the Crown never makes legally privileged documents public. Current minister David Parker has also made that point in saying that the advice is legally privileged, so won’t be released now. It’s an unprecedented move by Bridges, and speaking to Radio NZ, Claudia Geiringer suggested it was “quite improper.” In a One News report, Bridges said that National would handle the matter cooperatively if it was brought before parliament.

These are certainly issues that have been closely considered, including by those at the top of the police. Two days ago Newstalk ZB’s political editor Barry Soper reported on leaked emails that show police were deeply uncomfortable about what powers officers would actually have – and in effect, officers were told not to push the issue with the public in all but the most egregious situations. But hundreds of charges have been laid against people for breaching the lockdown over the course of the last month, so these are now legal issues with quite urgent implications for many.

It might be tempting to write all of this off as just procedural nonsense – because as mentioned before, the lockdown prevented a mass outbreak of a deadly virus. But this sort of thing taking place is what it looks like when civil society systems are working as they are supposed to. It might not make for particularly exciting or juicy scandals, but these questions are fundamental to a functioning society, and we have to pay attention when they’re raised.


We’ve got a back to work survey: As alert level two beckons, we’re running a survey with Stickybeak to find out how employees feel about returning to the workplace. Click here to give us your view. It only takes a minute to complete, and results are aggregated and anonymised.


The announcement that Microsoft will set up a datacentre in New Zealand made a lot of noise yesterday. It was heavily talked up by the government as a vote of confidence in investing in New Zealand, which may well be fair, though we don’t yet know how many jobs will be created – either directly, or indirectly through wider benefits to the tech industry. As this Business Desk (paywalled) story notes, there will be significant advantages for Microsoft in terms of gaining and retaining market share for data storage that would preferably stay in NZ, which is an important consideration for some organisations.


There have been a few interesting pieces published about Transmission Gully this week – the major roading project north of Wellington which appears to be stalling. As Newsroom’s Dileepa Fonseka reports, there are signs that the ‘private’ part of the public-private partnership behind the project could be about to walk away, leaving the government carrying the can. There has already been confirmation that it won’t open until 2021, which is behind schedule. Radio NZ’s Charlotte Cook reports that a construction error has meant that parts of the road will now need to be re-laid, and the impression given by sources quoted in that story suggest the whole project is starting to resemble a giant money-pit. Finally, we’ve republished a piece on The Spinoff by transport blogger Matt Lawrie, who argues that it all raises serious concerns about the PPP model, which is being used for other major infrastructure projects around the country.


Auckland Council is likely to impose water restrictions on the city today, reports the NZ Herald’s Bernard Orsman, as Watercare struggles with both heavy demand and a bad drought. The storage dams are now well below half full, and even very heavy rain at the start of the week has failed to make a dent in that. The city is currently scrambling around for more sources of water, and has bids in to take more from the Hunua Ranges and Waikato River.


A contract cleaner for Auckland Council says they’re making less than minimum wage after taking a Covid-related pay cut, reports Todd Niall for Stuff. They’re not directly employed by the Council, but rather a company that has instituted a 20% pay cut which fulfils Council contracts. But the worker says it contradicts an election promise made by Auckland mayor Phil Goff to put all Council-contracted staff on a living wage. In turn, Goff says the payment of contractors is a matter for the company that employs them, and the Council is not currently in a financial position to meet the shortfall.


We’re going to get an explanation today of what the rules will be if the country moves to level two. As always, you can keep an eye on the developments on The Spinoff’s live blog. What we’re probably not going to get today is a declaration on exactly when we’ll move to level two. On that point, the latest from Siouxsie Wiles and Toby Morris is well worth reading – it’s about the recent low numbers of new cases, and why there could still be a lag in infections lurking around the corner.


Got some feedback about The Bulletin, or anything in the news? Drop us a line at thebulletin@thespinoff.co.nz

Right now on The Spinoff: Planning expert Hamish Rennie urges the government to put more emphasis on climate change in their rush to get shovel-ready projects going. Nicole Pervan explains why a mortgage holiday isn’t as fun as it might sound. James Dann writes about the Christchurch earthquake rebuild, and how it should be a guide for what not to do now. Pamela Wood looks at the experience of nurses during the pandemic of 1918, with many getting sick and dying. And Josie Adams speaks to Troy Kingi about winning the Taite music prize for this year.


A couple of days ago was the 50th anniversary of the Kent State University shootings – an event that had a profound effect on the course of US political culture afterwards. For many today, it might seem like the shooting of unarmed student protesters is impossible to imagine – that it couldn’t possibly happen now. But as this piece from left-wing journal Overland argues, the political ferment that led to it is perhaps not so different to other periods in the past, and even today. Here’s an excerpt:

Kent State matters now more than it did a decade ago simply because today it’s easier to imagine a Trump – or a Trump wannabe – whipping up the kind of murderous atmosphere that preceded the shootings in Ohio.

‘If it takes a bloodbath,’ declared Ronald Reagan as he pledged to defeat radical students in California, ‘let’s get it over with.’

Trump might say something very similar, probably on Twitter.


Sport NZ has put together a $25 million package to support struggling community and regional sports organisations, reports Stuff’s Dana Johannsen. Right now, a lot of clubs are up against it – it’s not like the sector was flush with cash before all of this, and the hit to revenues will not have helped. Sport NZ boss Peter Miskimmin says the focus of the money will be directed at the community level, because it “is the heartbeat of our sector.”


That’s it for The Bulletin. If you want to support the work we do at The Spinoff, please check out our membership programme

Keep going!
Orchard workers in Hawke’s Bay. (Photo: RNZ Lynda Chanwai-Earle)
Orchard workers in Hawke’s Bay. (Photo: RNZ Lynda Chanwai-Earle)

The BulletinMay 6, 2020

The Bulletin: Disconnect between unemployment and rural worker needs

Orchard workers in Hawke’s Bay. (Photo: RNZ Lynda Chanwai-Earle)
Orchard workers in Hawke’s Bay. (Photo: RNZ Lynda Chanwai-Earle)

Good morning and welcome to The Bulletin. In today’s edition: Challenges loom in matching unemployed with rural jobs, trans-Tasman travel bubble agreed in principle, and Greens push for urgent Fair Pay Agreements.

It is increasingly becoming clear that one of the country’s biggest economic challenges over the rest of the year will be matching people with jobs. With food exports expected to continue thriving, there is going to be heaps of work out there for people who want it. But because of the rural nature of food exports, these jobs aren’t necessarily going to be in places where the people actually are, nor paying at a level that would make relocation worthwhile. And rural employers will also be competing with big infrastructure projects in cities, which will create huge demand for workers.

There have been plenty of recent examples of rural employers crying out for workers. Radio NZ reports the horticulture industry is warning that labour shortages could even lead to food shortages, if they aren’t addressed. The dairy industry is also desperate right now. As Federated Farmers dairy spokesperson Chris Lewis told Mike Hosking on Tuesday, for some workers the switch has been relatively straightforward – former tourism workers in Southland are putting in applications to become sharemilkers. But he made a key point in mitigation, which was that “others are telling me they live in areas where no one lives, half an hour out of town, so they are still having the same struggles.”

When conversations about redeploying the unemployed comes up, it’s often framed as a case of simply telling a worker they need to go where the job is. That almost never takes into account that the worker is then taking on significant personal and financial risk, and will likely also be moving away from crucial support or family networks. Previously, this has been sidestepped by relying on migrant labour, which the primary industries do heavily. For an example of that, read this piece from the Marlborough Express about the recent harvest down there, which looked at a purpose-built facility to house about 100 people from Papua New Guinea and Vanuatu. While some migrant workers will likely stay longer in New Zealand now – and changes are being made to immigration laws to allow for easier visa extensions and alterations – the flow of new migrant workers is effectively going to stop for the foreseeable future.

Regardless of that, we are likely to see thousands – or even hundreds of thousands – of New Zealanders becoming unemployed this year. Leaked MSD documents reported on by Radio NZ show that the ministry is preparing for a wave of 300,000 benefit applications – a staggering figure, but one in line with recent Treasury scenarios about how bad unemployment could get. There are a host of negative economic and social outcomes that come with long-term unemployment. To avoid that coming to pass, much more will need to be done to not just tell people that there are jobs available, but to actually make it possible for them to do the jobs.


Just quickly, a message from our editor Toby Manhire:

“Here at The Spinoff, members’ support is more important than ever as the Covid-19 crisis lays waste to large chunks of our commercial work. It’s a tight time for everyone, of course, but if you’re able to, please consider joining Spinoff Members to help us stay afloat and keep producing work by the likes of Siouxsie Wiles and Toby Morris, whose collaborations have had a real impact in New Zealand and around the world.”


The trans-Tasman travel zone is going to happen – as soon as it is safe to do so, at least. The NZ Herald reports the issue came up in discussions between PM Ardern, Australian PM Scott Morrison and other Australian political leaders yesterday, with an agreement being made in general terms that it will happen. But little indication has been given about how long that might actually take – as Politik reports, one date being thrown around as a possibility is to have the bubble open by the start of the school holidays in July. There was also some interesting comment from foreign minister Winston Peters at the back end of the Herald story, who talked up the need for Australasia to start thinking of itself as “one ANZAC nation.”


The Greens are pushing for Fair Pay Agreement laws to be passed urgently, as part of a package of measures to raise the pay of essential workers, reports Stuff. It comes after supermarket workers allowed the rest of the country to lock down, and prevent a widespread outbreak of Covid-19, by continuing to go into work for little more than a temporary 10% pay bump. However, the push from the Greens is likely to hit a roadblock in Labour – despite FPAs being a flagship policy for the latter, the legislation has stalled badly over the course of this parliamentary term.


An important one for the regulatory process nerds out there (I say that with admiration, btw) Cabinet has suspended the need for Regulatory Impact Analysis to accompany spending decisions, reports Stuff’s Thomas Coughlan. Those are reports undertaken by Treasury, who assess the potential outcomes of changes. They use precious civil service resources, at a time when everything needs to happen quickly. But there is a lot of concern that will mean decisions get rushed without proper scrutiny taking place. The suspension will be in place until the end of August.


The volume of equity trading on the sharemarket has skyrocketed, with first time and app-based investors piling in over the lockdown. Dan Brunskill at Business Desk (paywalled) reports that it is linked to the crashing of many prices, giving those with less starting capital a chance to get in. It’s seen as very useful for the market itself, and it potentially represents a shift in how people approach investing. Of course, there’s still likely to be a lot of volatility in the coming months, so be warned.


Another strong warning against being hasty in thinking we fully understand Covid-19. The latest piece from Siouxsie Wiles and Toby Morris looks at the significant uncertainty that remains about how the coronavirus spread, what early studies got wrong, and how our current understanding is constantly evolving as new information comes to light. In particular, it tackles the question of asymptomatic transmission – and whether that would be better described as pre-symptomatic transmission.

And for those who are doing country-by-country comparisons (which are probably still too soon for firm conclusions) this is an essential site to bookmark. Toby Manhire has written about Covid-19 Policy Watch, a new piece of work by the people who brought you both Policy, and Policy Local. Basically Covid-19 Policy Watch will compare the key statistics and approaches of 26 roughly comparable countries, across a range of different areas including migration, business support and health policies. It’s an invaluable tool, and I expect I’ll be checking it a lot over the coming months.


A correction to the story about quarantine exemptions from yesterday: It was not actually true that more than a dozen exemptions had been granted, which was based on information originally given by the government. That was itself corrected – the actual number of exemptions before this one was zero – but if anyone’s keeping score, they had actually made their correction before I published it wrong, so sorry about that.


Got some feedback about The Bulletin, or anything in the news? Drop us a line at thebulletin@thespinoff.co.nz

Taika Waititi has been announced as the director for the new Star Wars film, but should we temper our expectations?

Right now on The Spinoff: Toby Manhire reports on a survey from the PR world which shows New Zealand’s government is being widely lauded for its communications. Emily Writes looks at mental health first aid, and why workplaces should take it into account more. I report on the sneaky reentry to supermarket shelves of a magazine claiming to be Woman’s Day, which was formerly New Zealand’s best selling women’s magazine. Sam Brooks writes about Taika Waititi taking on the next Star Wars film, and how it will be a huge challenge for him to get his vision through the notoriously homogenising franchise. And author Benjamin Kingsbury writes about how New Zealand once did quarantine, looking at the treatment of leprosy sufferers 100 years ago.


For a feature today, an interview with someone doing one of the most interesting communications jobs in the country. E-Tangata has spoken to Alan Wendt – better known as one of the NZ Sign Language interpreters for parliamentary press conferences. It’s a really deep and thoughtful interview, and a lot of good points are made, but for an excerpt I thought I’d share this about those pressers – the following is Wendt’s own words.

I was a foreigner to these PM briefings for the media. Much less of a foreigner now, but it was like entering a new world where people had a different vocabulary. And where journaIists would be raising their hands and shouting questions. As interpreters, we’ve had to get our heads around all of that.

Another challenge for us is that we’re interpreting for a community that hasn’t had much access in their everyday lives to political discussions and to the theatre of politics. So we have a responsibility to make sure that what the PM says is accessible  — and that the exchanges are, too.


Some actual news has happened in the rugby world, with Sam Cane being named the new skipper of the All Blacks, reports the NZ Herald. As the story covers, he’s seen as having strong leadership qualities by new coach Ian Foster, and is good at getting results out of teammates. Of course, when he actually gets to take the field as captain is somewhat up in the air, but at the moment Cane seems likely to have a decent long-term tenure in the job.


That’s it for The Bulletin. If you want to support the work we do at The Spinoff, please check out our membership programme