Sounds like reckless endangerment. I can see the police point of view. If she were infected and they lacked PPE, then better to let her go home and then confine her.
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Sounds like reckless endangerment. I can see the police point of view. If she were infected and they lacked PPE, then better to let her go home and then confine her.
Geektastic:
Thanks. I am trying to find the legal wording.
It's really just an intellectual activity to stave off boredom! I read a letter in a UK paper from a solicitor in which he pointed out that there were reasonably significant differences between the wording of the Statutory Instrument that created and defined the lockdown, what you can and cannot do etc and the interpretation of that by the Police. In essence, he said that the Police were attempting to make law rather than enforce it, which of course they should not do.
The starting point would be the Epidemic Preparedness Act 2006 (you'll notice this is not a new Act) and the Civil Defence Emergency Management Act 2002. There is also an army of changes to the Taxation and Social Security Acts in the COVID-19 Response (Taxation and Social Assistance Urgent Measures) Act 2020 and changes to Education, Tenancy, and Local Government Acts in the COVID-19 Response (Urgent Management Measures) Legislation Act 2020. There is an amendment to the Health Act 1956 in the Infectious and Notifiable Diseases Order 2020 (to enable contact tracing) and Infectious and Notifiable Diseases Order No 2 2020 (to add COVID-19 by name, as it was added before it was named). There is also the Social Security (COVID-19—Temporary Additional Support and Expiry and Regrant of Benefits) Amendment Regulations 2020 which negates the benefit expiry periods, the Social Security (Exemption from Stand-Down - Coronavirus COVID-19) Amendment Regulations 2020 which negates the stand-down periods for benefits, and the Social Security (Rates of Benefits and Allowances) (COVID-19 Recovery Package) Amendment Order 2020 which increases the benefit.
I believe the statutory powers are conferred by the Epidemic Preparedness Act and Civil Defence Emergency Management Act, and enacted by a notice in the Gazette.
Relevant notices appear to be these:
Epidemic Preparedness (COVID-19) Notice 2020 - declares that there is an Epidemic.
Epidemic Preparedness (Epidemic Management— COVID-19) Notice 2020 - activates dormant provisions of Immigration, Social Security Acts.
Epidemic Preparedness (Epidemic Management— COVID-19—Parole Act 2002 and Sentencing Act 2002) Notice 2020 - activates dormant provisions of the Parole and Sentencing Acts.
Declaration of State of National Emergency by Minister of Civil Defence - declares the State of National Emergency that allows Civil Defence to make up the rules as it goes along.
I think you'll find there's no statutory instrument for the matter, because Civil Defence are empowered to just make up the rules. So whatever is on the web page is whatever applies.
What's wrong with people? "Three police officers in self-isolation after being spat on"
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In a time we need people to take care of themselves, four NZ Post courier stood down for not keeping their distance.
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kingdragonfly:kiwiharry: @Geektastic Did you receive the ZOONO product? We ordered some on March 07, but still hasn't been shipped/delivered.
I put in a complaint to the Commerce Commission regarding their exaggerated, and unsubstantiated claims.
Nothing protects "up to 24 hours". Also the chemicals they use are irritants, despite their claims.
I see they modified their web pages to water down their claims a little, but still exaggerated.
I read the owner got very rich, in the millions, from this outbreak.
I've been using at least twice per day for weeks now. I'm prone to skin irritation and none so far.
We use similar compounds at work for cleaning food premises, but at higher concentrations and have do have a persistent anti-microbial effect. Have the Clear 24 in wall mounted dispensers as hand sanitiser in office corridors etc. Not relying on 24hr protection or substituting for handwashing, but even something that last a few hours offer significantly better protection than to alcohol solutions.
Alcohol is an irritant too, as are most sanitisers, because they attack biological tissue.
Mike
Press release:
The State of National Emergency to help stop the spread of COVID-19 has been extended for a further seven days, Minister of Civil Defence Peeni Henare said.
The initial declaration on March 25 lasted seven days and can be extended as many times as necessary.
“Since we went into isolation as a nation most New Zealanders have done the right thing and stayed at home to break the chain of transmission, which saves lives,” Peeni Henare said.
“Extending the State of National Emergency ensures we have all the resources, support and powers we need to prevent the spread of COVID-19 in our communities.
“This includes ensuring our civil defence emergency management workers can carry out critical work during this time including managing roads, traffic and public places, issuing first aid, and providing food, shelter and accommodation.
“But this global pandemic has also called on every New Zealander to make sacrifices in their daily lives and we thank them for that,” Peeni Henare said.
Each week, the Director of Civil Defence Emergency Management will provide the Minister with advice on whether the State of National Emergency should be extended again. This will include consideration of the current COVID-19 Alert Level, as Alert Levels decisions and State of Emergency decisions are complementary to each other, but one does not dictate the other.
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freitasm:
What's wrong with people? "Three police officers in self-isolation after being spat on"
Throw an attempted murder charge at them.
gehenna:
Throw an attempted murder charge at them.
As deplorable as the conduct is, that's just not going to stick.
Maybe police need to break out the riot gear which contains face shields.
Kyanar:
The starting point would be the Epidemic Preparedness Act 2006 (you'll notice this is not a new Act) and the Civil Defence Emergency Management Act 2002. There is also an army of changes to the Taxation and Social Security Acts in the COVID-19 Response (Taxation and Social Assistance Urgent Measures) Act 2020 and changes to Education, Tenancy, and Local Government Acts in the COVID-19 Response (Urgent Management Measures) Legislation Act 2020. There is an amendment to the Health Act 1956 in the Infectious and Notifiable Diseases Order 2020 (to enable contact tracing) and Infectious and Notifiable Diseases Order No 2 2020 (to add COVID-19 by name, as it was added before it was named). There is also the Social Security (COVID-19—Temporary Additional Support and Expiry and Regrant of Benefits) Amendment Regulations 2020 which negates the benefit expiry periods, the Social Security (Exemption from Stand-Down - Coronavirus COVID-19) Amendment Regulations 2020 which negates the stand-down periods for benefits, and the Social Security (Rates of Benefits and Allowances) (COVID-19 Recovery Package) Amendment Order 2020 which increases the benefit.
I believe the statutory powers are conferred by the Epidemic Preparedness Act and Civil Defence Emergency Management Act, and enacted by a notice in the Gazette.
Relevant notices appear to be these:
Epidemic Preparedness (COVID-19) Notice 2020 - declares that there is an Epidemic.
Epidemic Preparedness (Epidemic Management— COVID-19) Notice 2020 - activates dormant provisions of Immigration, Social Security Acts.
Epidemic Preparedness (Epidemic Management— COVID-19—Parole Act 2002 and Sentencing Act 2002) Notice 2020 - activates dormant provisions of the Parole and Sentencing Acts.
Declaration of State of National Emergency by Minister of Civil Defence - declares the State of National Emergency that allows Civil Defence to make up the rules as it goes along.
I think you'll find there's no statutory instrument for the matter, because Civil Defence are empowered to just make up the rules. So whatever is on the web page is whatever applies.
The basic powers are set out in the Health Act 1956, Sections 70 - 73.
I think these provisions were designed and enacted in the aftermath of an outbreak of Foot & Mouth Disease in the UK in 1951/52.
Never underestimate the depths of human stupidity.
Officials COVID-19 briefing on RNZ here: https://www.rnz.co.nz/news/national/413028/watch-live-government-officials-on-latest-covid-19-developments-in-nz
frednz:
freitasm:
I think it's time to stop trying to find loopholes or coming up with lame excuses. Please stop the discussion of the "can I drive to play touch rugby on the park across town" discussions now. You are not helping.
OK fair enough. You see, most of my friends want to do the "right" thing and not end up with having their name taken by Police and have warnings issued because they have been doing the "wrong" thing. The question that I asked is quite reasonable and has been asked numerous times on various forums so it is of public interest and the PM has given her interpretation of the "rules" as well on this question.
Thank you for giving your interpretation in answer to my question, which does make sense. I have also read several other interpretations of the answer to this question on various forums, some of which involve defining what the terms "local" or "close by" mean etc etc.
This isn't trying to find "loopholes", but an attempt to understand what the authorities regard as acceptable and what is not so that you don't get offside with Police.
As this discussion is not regarded as helpful on this forum, I consider the matter closed and won't refer to it here again or take the bait when people suggest that it's a really silly question!
freitasm:
In a time we need people to take care of themselves, four NZ Post courier stood down for not keeping their distance.
Guess which 4 Courier workers were speaking to RNZ earlier in the day about working in unhygienic conditions.
Stop flushing your damn wet-wipes you animals.
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