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Synopsis
How do constitutional conventions play into the Government’s announcement that the 2020 election is delayed due to the resurgence of COVID-19 in New Zealand? Geoff, Dean, Nessa and Eddie gather in an urgent fashion to discuss the drums beats of a constitutional crisis…or lack thereof.
Also in this episode, the panel dives deeper into how the Government is approaching lockdown post-Borrowdale, as it grapples with how to best encourage continued compliance with public health measures. Is this best achieved via signalling and advice, or rules and compulsion?
How do different professional cultures think of and respond to executive powers during a crisis? While public officials work out how to best exercise their powers for good to help communities respond to the crisis, lawyers ask, in the event that exercising those powers is not good or indeed unhelpful, how exercising those powers can be restricted. It is in this somewhat paradoxical post-Borrowdale landscape that the panel share their insights on these issues and more.About the Guests
Dr Nessa Lynch, Associate Professor, Victoria University of WellingtonSpecialises in criminal law, New Zealand Law Reports, discretion, youth justice and police action.
Dr Eddie Clark, Lecturer, Victoria University of WellingtonAreas of interest include Judicial review, administrative law, courts and democracy/public accountability.
Dr Dean Knight, Associate Professor, Victoria University of WellingtonSpecialises in Constitutional law, administrative law, judicial review and local government
Cases Discussed:
Executive powerBorrowdale v Director-General of Health [2020] NZHC 1379
Further Reading:
Claudia Geiringer, No, National, the caretaker convention doesn’t apply now – and nor should itDean Knight and Nessa Lynch, Special Topic: Covid-19 and the Law
Geoff McLay practices as a barrister and is a member of the New Zealand Law Society and the New Zealand Bar Association. He served as a Law Commissioner at the New Zealand Law Commission 2010-2015 where he led a large number of projects, served on the board of a Crown entity, and generally looked after the excellent staff that helped them in their work.