New legal framework for self-isolation

New legal framework for self-isolation • The COVID-19 Public Health Response (Self-isolation Requirements and Permitted Work) Order 2022 has replaced class section 70 notices • Cl 9 says a person is required to remain at their place of self isolation except when undertaking permitted activities • Breach of clause 9 is a high risk infringement offence - $4000 fee • Permitted activities (cl 13) include outdoor exercise and permitted work for household contacts • Cl 29 says a MOoH or HPO may determine a person must be isolated in accordance with the I and Q Order (i.e. MIQ) if person does not have a suitable residence or other accommodation for the purposes of complying with the self-isolation provisions

Responding to non-compliance • In most situations enforcing non-compliance is no longer proportionate to the public health risk arising from breaches • Police can exercise powers under the COVID-19 Public Health Response Act 2020 such as the power of entry and to give directions to comply • Failure to comply makes person liable to imprisonment and they may be arrested and detained – Courts may then remand to a MIQ • The Ministry of Health recommends using powers available in the Order rather than a section 70 direction – although a s 70 notice is not precluded

Wakaminenga Health Council • WHC claims it is a “health authority under sovereign native customary ture tikanga” and that holders of the WHC Annual Practicing Certificate can “legally practice under Māori jurisdiction”.

• WHC has set up a number of professional bodies (Councils) for health practitioners including most standard RA (e.g. medical council) and others like Homeopathy, Natuopathy and Herbalist Councils. They issue APCs. • Section 8 of the Health Practitioners Competence Assurance Act 2003 (the HPCA Act) says health practitioners must hold an APC issued by their responsible authority to practice. A WHC Council does not have authority to issue APCs. • Some health practitioners have voluntarily deregistered from or been deregistered by their responsible authority and continue to practice under the WHC umbrella. This is unlawful.

https://whc.maori.nz/page5.html

COVID-19 policy: https://whc.maori.nz/page9.html

Questions?

Contact the enforcement team: • Vicki Blake • Jane Birdsall enforcement@health.govt.nz