Read The Times Australia

Daily Bulletin

There is no legal right to free quarantine — but there is a fair way to set the price

  • Written by: Alexander Gillespie, Professor of Law, University of Waikato

Welcome home – now here’s your invoice.

The debate over whether New Zealand should charge arriving Kiwis for quarantine has divided opinion, but one thing is clear: citizens and permanent residents have the right to return home.

However, like many other liberties, this right can be subject to reasonable limits, especially during times of global emergency.

But it’s a surprisingly difficult issue. Despite all the newly minted law around COVID-19, the question of financial liability for isolation is not covered.

The challenge for the next government will be to balance rights and costs in a way that is seen to be fair.

Quarantine costs will rise

Right now, the 2020 Public Health Act Response Act authorises quarantines and control of our air and maritime borders. In short, anyone returning to New Zealand may be subject to mandatory medical examination, testing and isolation or quarantining.

That is, of course, if they can make it home. With inbound numbers regulated due to quarantine and isolation capacity, the first hurdle for many would-be returnees is getting a flight.

From March 26 to July 6, 26,414 people have been quarantined or in managed isolation at 26 different sites. On the last day of that period there were just under 5,700 under control.

Read more: How New Zealand could keep eliminating coronavirus at its border for months to come, even as the global pandemic worsens

We’ve already spent NZ$81 million on such operations. Another nearly NZ$300 million has been budgeted for the rest of the year.

There is no legal right to free quarantine — but there is a fair way to set the price Border control minister Megan Woods: a ‘very complex’ issue. AAP

These costs will probably increase in 2021. Current trends suggest a growing, not diminishing, global pandemic. As the health and economic impacts of this wave crash over other countries, it’s likely many more Kiwis will want to return to their (hopefully) safe homeland.

Inevitably, then, quarantine standards (and costs) will grow too. The lessons from Victoria and our own experience of people abusing the system only reinforce the need for a fail-safe system.

Australia has also grappled with the question of who should pay and has concluded there is no federal right to free quarantine. Each state has the right to ask for a contribution to the cost of quarantine.

For New Zealand, there are two ways to think about this. One says free quarantine is a right and also a public good; if people have to pay for their isolation their right to return to New Zealand is threatened.

Read more: The sun is setting on unsustainable long-haul, short-stay tourism — regional travel bubbles are the future

The other says that returning is a free choice with a financial cost. Both major political parties want to charge returnees, with the National Party putting a figure of NZ$3,000 on a single adult’s quarantine.

How to balance those views?

Entitlement versus privilege

The government has already spent, or plans to spend, an incredible NZ$62.1 billion on fighting COVID-19. It can be argued, then, that the cost of isolating our fellow Kiwis is the same as the cost of keeping people in work, creating new jobs, building infrastructure and propping up critical sectors of the economy.

Quarantine is therefore an entitlement, like the right to paid parental or sick leave, and should be free.

The opposing argument is that it is fair to require those who took advantage of a liberty to travel and return to pay the associated costs. Within two weeks of their return they will reap all of the benefits of being home in a COVID-free country.

This isn’t what they would experience if they had stayed abroad. A New Zealander requiring isolation overseas could expect consular assistance, including advice and help contacting family and insurance providers. But they would not have their quarantine paid for.

Similarly, in New Zealand there is actually no legal right to have quarantine paid for by the government.

Read more: The law is clear – border testing is enforceable. So why did New Zealand's quarantine system break down?

Under the Health Act it is possible to charge a reasonable cost for isolation and also to exempt someone from having to pay. Legally, the government can demand payment but also, it can waive it.

This suggests a middle ground needs to be found based on what is fair.

A reasonable way forward

Potentially, some people should pay more than others. Those who travelled overseas after the pandemic was declared and then sought to return, or those who are coming home for a holiday or short-term respite from the horrors overseas could pay the full amount.

The government could offer a range of quarantine hotels at different prices. Those returning broke to their homeland should be given discounted rates and zero- or low-interest loans to pay for quarantine.

Should those required to pay the full cost expect preferential treatment and better accommodation? Does this open the door for private providers to exploit a growing quarantine market?

These questions undoubtedly help explain why the minister responsible for managed isolation and quarantine, Megan Woods, says it is a “very complex” issue.

It seems fair, though, that although there is no right to free quarantine, the price of rejoining the “team of 5 million” should be charged according to a person’s ability to pay.

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/there-is-no-legal-right-to-free-quarantine-but-there-is-a-fair-way-to-set-the-price-143082

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How Wide Should Running Shoes Be? Signs Your Shoes Are Too Narrow

Running shoes should be wide enough for the forefoot and toes to sit naturally under load, but not...

Trail Running Shoes vs Hiking Shoes: Which Is Better for Australian Trails?

Australia does not offer one neat definition of a “trail.” A weekend walk might mean a hard-packed...

Architectural Window Shading: Solutions for Triangle Blinds, Raked Glazing, and High Ceilings

Mastering Light and Privacy with Specialized Window Coverings Modern architectural de...

From Suburban Streets to Modern Events: Why Australians Still Love the Ice Cream Truck

Did you know Australia consistently ranks among the world's highest ice cream-consuming countries? ...

Will These Bloody Kids Ever Move Out? The Resurrection of the Duplex Says No

Whilst Baby Boomers and Gen Xer’s typically finished school, got a job and moved out of home relativ...

Critical Structural Checks to Prioritise Before Renovating an Older Property

The Australian home renovation market is experiencing unprecedented growth. The total value of thi...

Why Regular Gutter Cleaning Northern Beaches Is Important

Living in the Northern Beaches offers beautiful coastal scenery, fresh air, and leafy surroundings...

Double Glazed Sliding Doors vs Standard Sliding Doors: Key Differences

Sliding doors are a popular choice in modern homes due to their space-saving design and ability to...

How to Plan a Bathroom Renovation Timeline (Without Surprises)

A bathroom renovation rarely feels “small” once work begins. Even modest updates involve multiple ...