COVID-19 Public Health Response Act 2020

13 Effect of COVID-19 orders

(1)

A COVID-19 order may not be held invalid just because—

(a)

it is, or authorises any act or omission that is, inconsistent with the Health Act 1956 or any other enactment relevant to the subject matter of the order; or

(b)

it confers a discretion on any person, or allows any matter or thing to be granted, specified, determined, designated, defined, approved, or disapplied by any person, or allows a person to impose conditions or give directions, whether or not there are prescribed criteria.

(2)

However, subsection (1)(a) does not limit or affect the application of the New Zealand Bill of Rights Act 1990.

(3)

To avoid doubt, nothing in this Act prevents the filing, hearing, or determination of any legal proceedings in respect of the making or terms of any COVID-19 order.

Section 13 heading: amended, on 6 August 2020, by section 10 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 13(1): amended, on 6 August 2020, by section 10 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 13(1)(b): replaced, on 20 November 2021, by section 10 of the COVID-19 Public Health Response Amendment Act 2021 (2021 No 48).

Section 13(3): amended, on 6 August 2020, by section 10 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).