Modern Australian
Men's Weekly

.

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

Someone Trips at Your Fundraiser. Now What? Understanding Public Liability for NFPs

Three months of planning. Volunteers giving up their weekends. Sponsorships chased, catering sorted, tables decorated. And then, about an hour into ...

Stainless Steel Tube: A Complete Specification Guide for Engineers, Project Managers, and Industrial Buyers

Few materials in the industrial and manufacturing world are as universally relied upon — or as frequently misspecified — as stainless steel tube...

How to Choose the Right Barber Shears Scissors for Professional Results

Since a barber is only as good as their tool, choosing the right barber shear scissor must not be taken lightly. Most barbers end up buying the first ...

Why Commercial Construction Companies Play A Critical Role In Modern Urban Development

Urban development requires highly organised planning, engineering expertise, and professional construction teams capable of delivering complex build...

Essential Features for Comfortable Family Caravan Trips

Choosing the right van for family travel requires careful consideration of how the space will be used on a daily basis. Families have specific needs...

Chatswood Tutor: Helping Students Achieve Academic Success With Personalised Learning

Education plays a crucial role in shaping a student’s future, and many students benefit from additional academic support outside the classroom. A pr...

How External Consulting Can Guide Enterprise IT Strategy and Procurement

Internal IT teams carry deep operational knowledge, but that familiarity can create blind spots in strategic decisions. An external IT consultant br...

Why Sports Nutrition Australia Is Important for Performance and Recovery

Athletes and fitness enthusiasts place significant demands on their bodies during training and competition. Maintaining energy levels, supporting mu...

How Body Contouring Bundoora Helps Improve Shape And Confidence

Modern aesthetic treatments have made it possible to refine body shape without the need for invasive surgery. One of the most popular non-surgical o...

Why Plantation Shutters Are a Stylish and Practical Choice for Modern Homes

Window coverings play a major role in the comfort, privacy, and overall design of a home. Homeowners often look for solutions that provide both visu...

Why a Retractable Hose Reel Is Essential for Efficient Water Management

Managing hoses efficiently is important for both residential and commercial environments. Whether watering gardens, cleaning outdoor areas, or maint...

Best Ways to Trade In Your Old Tech for Cash in Australia

Upgrading your mobile is exciting, but many Australians are left wondering what to do with the device they no longer use. Instead of leaving it in a...

Why Doctors in Bundoora Play an Important Role in Community Health

Access to quality healthcare is essential for maintaining a healthy lifestyle and managing medical conditions effectively. Visiting experienced doctor...

Backyard Aesthetics Decoded: Mediterranean, Coastal, Retro, Rustic, and Beyond

Backyard design has come a long way from a patch of lawn, a barbecue in the corner, and a few chairs chosen purely for practicality. Today, outdoor ...

What Stops a Home From Feeling Flat-Pack Generic

There is nothing wrong with convenience. Flat-pack furniture, fast styling decisions, and online checkouts have made it easier than ever to furnish ...

5 Best Dental Clinics in Beecroft, NSW

The best dental clinics in Beecroft, NSW are Beecroft Smiles Dental Surgery, Beecroft Elegant Dental Clinic, McConnell Dental, Dentistry for Life, a...

Executive Recruitment: Finding Leadership Talent That Drives Organisational Success

Hiring the right leadership team can significantly influence the direction and performance of any organisation. Strong executives bring strategic thin...

Understanding the Importance of Abrasive Blasting in Industrial Surface Preparation

Surface preparation is an essential step in many industrial processes. Whether preparing metal structures, removing old coatings, or cleaning equipmen...