Hawkins v Medical Officer of Health

[2021] NZHC 842

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-000121

[2021] NZHC 842

BETWEEN

PRISZILLIA HAWKINS

Applicant

AND

MEDICAL OFFICER OF HEALTH

Respondent

AND

CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND

EMPLOYMENT

Proposed substituted respondent

CIV-2021-409-000122

BETWEEN

GUY DAVIES
Applicant

AND

MEDICAL OFFICER OF HEALTH

Respondent

AND

CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND

EMPLOYMENT

Proposed substituted respondent

Hearing:	On the papers
Judgment:	20 April 2021

JUDGMENT OF NATION J

[1]                 On 7 April 2021, Mr Davies and Ms Hawkins attempted to file with the High Court at Christchurch documents in which they sought release from their detention in managed isolation by way of a writ of habeas corpus. That detention was said to be

HAWKINS & DAVIES v MEDICAL OFFICER OF HEALTH [2021] NZHC 842 [20 April 2021]

in accordance with COVID-19 Public Health Response (Air Border) Order (No 2) 2020 and the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020, orders made under the COVID-19 Public Health Response Act 2020.

[2]                 The documents submitted were not in the form required, affidavits having not been sworn in a manner and before persons before whom affidavits have to be sworn. They were advised by email on 7 April 2021 that a Judge had noted the documents submitted were not in the form of an originating application as required by s 7(1) of the Habeas Corpus Act 2001. They were advised the affidavits must, as a minimum, be be accompanied by an application which outlines why the extension of detention to which they were subject was unlawful, notwithstanding the provisions of the relevant legislative instruments (as set out above at [1]).

[3]                 On 8 April 2021, both parties filed an application for a writ of habeas corpus. It was set down for hearing on 13 April 2021 at 2.15 pm.

[4]                 On 9 April 2021, notices of opposition were filed on behalf of the Chief Executive, Ministry of Business, Innovation and Employment.

[5]                 On 9 April 2021, Ms Quinn, not a solicitor, purported to file on behalf of both Ms Hawkins and Mr Davies a one page document making assertions as to the illegality of Ms Hawkins and Mr Davies’ detention in managed isolation.

[6]                 Crown Law, on behalf of Chief Executive, Ministry of Business, Innovation and Employment, filed detailed submissions on 11 April 2021 as to the lawfulness of their detention.

[7]                 On 13 April 2021, an affidavit was filed on behalf of the Chief Executive, Ministry of Business, Innovation and Employment advising that Ms Hawkins and Mr Davies were released from managed isolation at their respective hotels on 11 April 2021. At 10.04 am, Mr Davies emailed the Court advising he had been released from detention on 11 April 2021.

[8]                 On 13 April 2021 at 10.38 am, a Deputy Registrar at the Christchurch High Court confirmed she had spoken to Ms Hawkins that morning and Ms Hawkins had confirmed she had been released but would not confirm this in writing or in an email.

[9]                 On 13 April 2021, Mander J issued a minute advising that, because both applicants had been released from managed isolation, the hearing previously set down for 13 April 2021 at 2.15 pm was vacated. The matter was placed in the Judges List for call at 11.45 am on 27 April 2021. The Judge directed the positions regarding the applications were to be confirmed in the interim.

[10]            There has been no further communication to the Court from or on behalf of either Mr Davies or Ms Hawkins.

[11]            By memorandum on 14 April 2021, Crown Law, for the Ministry of Business, Innovation and Employment, asked for the applications for habeas corpus writs to be dismissed on the basis both Ms Hawkins and Mr Davies had been released from managed isolation so there was no basis on which the Court could issue a writ of habeas corpus. That is clearly the position.

[12]            I accordingly dismiss the applications. The callover hearing currently scheduled for 27 April 2021 at 11.45 am is vacated.

Solicitors:
Crown Law, Wellington