Stent v Attorney-General

Case [2025] NZHC 3185


IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2022-485-800

[2025] NZHC 3185

BETWEEN

ROBYN KATHLEEN STENT

First Plaintiff

AND

BARRY EDWARD BRILL

Second Plaintiff

AND

THE ATTORNEY-GENERAL

Defendant

Hearing: 10–11 March 2025

Counsel:

B E Brill for Plaintiffs

K Laurenson, S J Jensen and E J Cameron for Defendant

Judgment:

23 October 2025


JUDGMENT OF ISAC J


Introduction

[1]                 On 19 March 2020 New Zealand closed its borders as part of the public health response to the COVID-19 pandemic. New Zealand was largely shut-off from the rest of the world as it pursued an elimination strategy. Entry into New Zealand from  April 2020 was significantly restricted, requiring those arriving to undertake a period of isolation. Subsequently, entry into a Managed Isolation and Quarantine Facility — or MIQ — became a general requirement for those arriving in the country.

[2]                 A year later, in April 2021, the Government announced the opening of quarantine free travel — or QFT — between New Zealand and Australia. This became known as the trans-Tasman bubble.

STENT v ATTORNEY-GENERAL [2025] NZHC 3185 [23 October 2025]

[3]                 The plaintiffs, Mr Barry Brill and Ms Robyn Stent, wished to take advantage of quarantine free travel to visit family living in Western Australia. On 17 July 2021 they boarded a flight to Perth without a return ticket.

[4]                 Five days later, following cross-state transmission of COVID-19 in Australia, the New Zealand government suspended quarantine free travel with Australia. Travellers from Western Australia were told they could return to New Zealand on repatriation flights for a period of seven days. However, for reasons I will come to, the plaintiffs chose not to return during this window.

[5]                 Subsequently they found it difficult to return. They did not wish to enter airports in New South Wales or Victoria, where  there  were  active  outbreaks  of  the Delta strain of the virus. Nor did they have any desire to enter MIQ on returning to New Zealand using  a “red flight”. As a result they remained in Australia for   eight months.

[6]                 The plaintiffs now claim that their right to enter New Zealand under s 18(2) of the  New  Zealand  Bill   of   Rights   Act 1990   was   unreasonably   limited   by   the Government’s decision to suspend quarantine-free travel with Australia. They seek public law damages. They also claim they were falsely imprisoned in Australia, and that the Minister for COVID-19 Response breached a statutory duty actionable in tort to facilitate their right of return.

[7]                 In this judgment I first resolve preliminary and procedural issues before turning to consider the evidence and each cause of action. I will set out the relevant background and my factual findings when dealing with the plaintiffs’ claim under the Bill of Rights.

The appropriate defendant

[8]                 When the plaintiffs filed the  proceeding  in  December  2022  they  named the COVID-19 Response Minister as the defendant. However, that portfolio was disestablished on 1 February 2023, when the Governor-General revoked

the appointment of…

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Stent v Attorney-General [2025] NZHC 3185
Case
[2025] NZHC 3185
Decision Date

CaseChat Overview and Summary

In Stent v Attorney-General, the plaintiffs, Mr Barry Brill and Ms Robyn Stent, brought an action against the New Zealand Government for public law damages and other relief arising from their inability to return to New Zealand during the COVID-19 pandemic. The plaintiffs had travelled to Western Australia under the trans-Tasman travel bubble but found their return delayed due to border restrictions. They claimed their right to enter New Zealand under s 18(2) of the New Zealand Bill of Rights Act 1990 was unreasonably limited, resulting in an unlawful derogation of their rights. They further claimed they were falsely imprisoned in Australia and that the Minister for COVID-19 Response breached a statutory duty to facilitate their right of return.

The Court found that the plaintiffs’ right to enter New Zealand was limited by the Government’s border measures but these limitations were not unreasonable. The evidence showed that the plaintiffs chose to continue their holiday in Australia despite the Government’s announcement that quarantine-free travel would be suspended. They were aware of the potential for travel disruptions and chose to accept the risk of extended travel. The Court concluded that the delay in the plaintiffs’ return was due to their own choices and preferences rather than Government action. The Court also dismissed the claim for false imprisonment, finding that the plaintiffs were not totally restrained in Australia and were not confined there by Government action. Finally, the Court held that the Minister did not owe the plaintiffs a private law duty to ensure that orders made under the COVID-19 Public Health Response Act 2020 were justified limits on their rights, and that there was no basis for an award of damages. The plaintiffs’ claims were dismissed and costs were awarded to the defendant.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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