Casey: Returns to processes within MBIE for "advice" on whether businesses were essential etc. Ombler evidence that MBIE received 25,000 emails and calls about whether businesses were essential.

#LockdownLegalityNZ

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ᴅʀ ᴅᴇᴀɴ ᴋɴɪɢʜᴛ

@drdeanknight

Casey returns for govt. Argues there was no delegation in fact.

#LockdownLegalityNZ

Casey:
- Health order was "chatty".
- Not drafted by PCO.
- Should be read in that light.

#LockdownLegalityNZ

PS #stumps #daytwo

Back at 10am Wednesday but prob not for long.

#LockdownLegalityNZ

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ᴅʀ ᴅᴇᴀɴ ᴋɴɪɢʜᴛ

@drdeanknight

Day two. 🍿

#LockdownLegalityNZ

The argument first today is about meaning and scope of s70, incl critically whether DG's power to require people to "isolate" could be used over the entire country or was restricted to case-by-case individualised application.

legislation.govt.nz/act/public/195…

#LockdownLegalityNZ

Folk will recall us constitutional trainspotters have debated this interpretative question for months now - and there are many views!

#LockdownLegalityNZ

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ᴅʀ ᴅᴇᴀɴ ᴋɴɪɢʜᴛ

@drdeanknight

Court is back.

#LockdownLegalityNZ

Casey: Distinguishes between: (a) power to make a statement (ie legality) and (b) legal requirement to do something that exposes person to criminal prosecution if not followed. Section 5 and prescribed by law only requires, she says, the former.
#LockdownLegalityNZ

Thomas J: "Isn't is it important what was *inferred* from the statements?"
Casey: Doesn't matter.

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ᴅʀ ᴅᴇᴀɴ ᴋɴɪɢʜᴛ

@drdeanknight

Permission granted. Tweets will follow (subject to 10min delay). 🍿
#lockdownlegality

Suggestions welcomed for the an alt hashtag.

#BorrowdalevsTheEliminator

Will add a NZ suffix to the hashtag — seems the have similar issues elsewhere...

#lockdownlegalityNZ

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