Just read the article again. They had to use the word ' detained ' , because imprisonment without a trial would be illegal. And the definition of arbitrarily explains it's use. So to my untrained eye, and even less trained mind, it would seem the good Professor knows his stuff.
section 22
arbitrarly.
"without restraint in the use of authority; autocratically."
A more recent declaration of principle is found inof the New Zealand Bill of Rights Act 1990, which says, “Everyone has the right not to be arbitrarily arrested or detained.”
I’m pretty sure the dinosaurs died out when they stopped gathering food and started having meetings to discuss gathering food
A bookshop is one of the only pieces of evidence we have that people are still thinking
I’m pretty sure the dinosaurs died out when they stopped gathering food and started having meetings to discuss gathering food
A bookshop is one of the only pieces of evidence we have that people are still thinking
There is no eraser on the pencil of life.
Now - Not a Land Rover (2018 Dmax)
Was - 2008 D3 SE 4.0l V6
Was - 2000 D2 TD5 with much fruit.
Ray
The problem is a series of elisions - he's started off referring to a principle of the Common Law that you can't be arbitrarily imprisoned i.e., without legitimate authority. No argument there. The Kiwis have enshrined this in their Bill of Rights as a right against "detention" - which arguably has a wider meaning than "imprisonment". So then, unless it's defined somewhere else, the question becomes what's "detention" mean? The author then slides again by asserting that simply being required to stay indoors in a lockdown is "detention" meaning imprisonment meaning breaches the Common Law principle - notwithstanding that no-one is actively restraining or imprisoning you. So, net result of his argument is that being required to self-quarantine is imprisonment and therefore breaches a basic principle of the Common Law. Then he suggests that would only be OK after they issued a lockdown instruction under a specific Act. I just think that it's all bit of a stretch.
Arapiles
2014 D4 HSE
Can't close a state border to residents of other states only, that's unconstitutional but you can order a border closure as long as you also include residents of the state as well. That is, as long as the border closure is non discriminatory with regards to a persons residency, the border can be closed to the movement of people. Unsure if you can restrict trade via a border closure though.
That's how it's been explained in WA.
2024 RRS on the road
2011 D4 3.0 in the drive way
1999 D2 V8, in heaven
1984 RRC, in hell
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