Democracy’s Response in a Crisis

This unit of work looks at the events of March 2020 and the Government’s response to the COVID-19 pandemic. This is used as a means to explore ideas about democracy in .

It uses a range of learning activities, including literacy strategies and is comprised of approximately 8-10 lessons.

1 Democracy’s Response in a Crisis 2 Democracy’s Response in a Crisis This resource is for teachers and students and contains: Page

1. Overview 2 Teachers’ guide Students’ guide Links to achievement objectives in New Zealand Curriculum: Social Sciences

2. Teachers’ guide 4 Brief timeline of events Background to lockdown Scrutiny of Government actions

3. Student resource activities 9 Visualising ideas and challenges - collage Restrictions on democratic freedoms - continuum Emergency powers used in response to COVID-19 - reading comprehension Challenges to democracy - chart Steps taken to protect our democracy - SWOT analysis Presenting your ideas and understanding - presentation

4. Appendices 21 Appendix A: Prime Minister’s Press Conference, 25 March 2020 Appendix B: Prime Minister’s Press Conference, 31 March 2020 Appendix C: Epidemic Response Committee Appendix D: Health Act Notices Additional learning resources

1 Social Actions and Parliament Democracy’s Response in a Crisis 1 Overview

Teachers’ guide

This resource contains notes for the educator or teacher. It is general information about the response of Parliament and the to the COVID-19 pandemic in March 2020, with specific reference to the emergency powers that were put in place.

This resource aims to cover the concepts, laws, and parliamentary processes that surrounded the emergency powers used, the Epidemic Response Committee which was set up, and content on features of democracy connected to these events.

It is intended to be used as an example of where we can see features of democracy being challenged through legislation and a government’s actions. It also offers an example of what safeguards could be put in place to help preserve features of a democracy in certain circumstances. The appendices give more detail on this information with specific links to democratic freedoms.

Teachers and educators will need to be aware of the different experiences that students will bring to their learning for this unit on the COVID-19 pandemic. Sensitivity to what life may have been like at home during this period of time, and with coping with different family and friend dynamics, is needed.

Students’ guide to resource activities

The second part of this resource is for students to use either in class or to be worked on via remote learning. It covers the powers that were brought in at the start of the COVID-19 pandemic in New Zealand (March 2020) and gives students an opportunity to understand what measures were taken and why. Students will then examine how features of our democracy were affected or challenged. Examples of measures put in place to safeguard those features are then investigated.

Activities include: • Exploring ideas and challenges surrounding this period of history: creative collage activity • Restrictions on democratic freedoms: point of view continuum • Emergency powers used in March 2020 in response to the COVID-19 pandemic: three level reading comprehension activity • Challenges to democracy: chart • Examples of measures taken by Parliament to safeguard democratic freedoms: SWOT analysis • Consolidate understanding activity: choice of how to communicate ideas • Responding to the decision–makers: writing activity

2 Democracy’s Response in a Crisis Links to Achievement Objectives in the New Zealand Curriculum: Social Sciences

Level 3: Understand how groups make and implement rules and laws. Understand how people make decisions about access to and use of resources.

Links made in this resource material to laws made by our Parliament which set out plans for emergency situations, and laws which limited people’s access to resources (e.g. alert level 4, a national state of emergency).

Level 4: Understand that events have causes and effects. Understand how formal and informal groups make decisions that impact on communities.

Links made in this resource material on the spread of the COVID-19 virus to NZ and the effects on our communities, and the decisions made at a national level to deal with this crisis.

Level 5: Understand how systems of government in New Zealand operate and affect people’s lives, and how they compare with another system. Understand how economic decisions impact on people, communities, and nations.

Links made in this resource material on how the systems in place in our government (plans for emergencies, House of Representatives and its committees) operate, even in a crisis.

The New Zealand Curriculum also identifies five key competencies. The activities in this resource attempt to help develop these competencies in the following ways:

Thinking: SWOT analysis activity, challenges to democracy chart Relating to others: including a wide range of people and ideas in collage activity Using language, symbols, and texts: collage activity and consolidating understanding activity Managing self: working through these tasks independently before checking in with a teacher Participating and contributing: writing to share an opinion activity

3 Social Actions and Parliament Democracy’s Response in a Crisis 3 Teacher’s guide

Brief timeline of events

A pneumonia of unknown cause detected in Wuhan, China was first reported to 31 December the WHO Country Office in China on 31 December 2019.

January 24: First COVID-19 monitoring team established in New Zealand.

January 2020 January 28: National Health Coordination Centre activated in New Zealand to respond to virus and health staff began meeting people on flights from China to New Zealand.

The declared the COVID-19 a worldwide 11 March 2020 World Health Organization (WHO) pandemic.

12 March 2020 The National Crisis Management Centre in New Zealand was activated.

The Government announced a four-level alert system to respond to the 21 March 2020 COVID-19 pandemic.

The Epidemic Preparedness (COVID-19) Notice was placed in the New Zealand 24 March 2020 Gazette.

A State of National Emergency was declared and placed in the New Zealand Gazette (the NZ Gazette is the government’s official newspaper).

The House of Representatives was recalled from an adjournment and the Prime Minister delivered a ministerial statement on the emergency powers being enacted as well as New Zealand’s moving into a level 4 alert.

Emergency legislation was passed during this sitting, which included an Imprest 25 March 2020 Supply Bill (giving the Government the authority to spend public money outside the annual Budget), as well as legislation associated with taxation, social assistance, and management measures associated with the COVID-19 response.

The House of Representatives agreed to the establishment of the Epidemic Response Committee.

The House of Representatives adjourned.

4 Democracy’s Response in a Crisis The background to lockdown

New Zealand’s Parliament (being the House of Representatives and the Sovereign) has the important function of making laws. Our House of Representatives also serves to provide a Government, to scrutinise the government of the day’s actions, and to represent the people of New Zealand. Parliament also approves and passes the laws which enable the Government to spend public money. In the case of a national emergency some of these functions can be altered.

In New Zealand law, we have emergency legislation, such as the Civil Defence Emergency Act 2020, and the Epidemic Preparedness Act 2006, which serves to help governments in times of crisis. Having emergency legislation in place allows the House to respond to an ongoing event of national significance. In an emergency, the House will continue to scrutinise Government actions and responses - namely, how the powers are being exercised. The ability to scrutinise is a core role of the House.1

From January 2020 onwards, there was a growing concern about the COVID-19 virus and its movement around the world, leading to the declaration of a global pandemic by the World Health Organisation (WHO) on 11 March. Health officials here had started to monitor the growing situation in New Zealand, by monitoring travellers from certain areas of the world.

In general, the Ministry of Health has its own pandemic planning, including national planning, risk management, and coordination of the delivery of health services. It liaises with other agencies, and this is coordinated through a group called the Officials Committee for Domestic and External Security Coordination (ODESC).2

The National Crisis Management Centre was activated on 12 March 2020, meaning that an overall body could coordinate a response between many different Government agencies. The ODESC mentioned above appointed John Ombler as Chair of the all-of-Government response.

The Government already had legal powers available to assist with how it responded to COVID-19, such as the powers given to the Director-General of Health, the Minister of Health, and medical officers of health under the Health Act 1956. Health Act orders were issued at different times to implement requirements under alert level 4. These orders have now been revoked or replaced by orders made under COVID-19 Public Health Response Act 2020. For details of the Health Act orders see Appendix D.

However, the issuing of an epidemic notice under the Epidemic Preparedness Act 2006 gave the Government further powers they felt were needed.

The Epidemic Preparedness Act 2006 states that:

The Prime Minister may, by notice in the Gazette, declare that he or she is satisfied that the effects of an outbreak of a stated quarantinable disease (within the meaning of the Health Act 1956) are likely to disrupt or continue to disrupt essential governmental and business activity in New Zealand.3

The Epidemic Preparedness Notice (COVID-19) was placed in the New Zealand Gazette on 24 March 2020.4 The Gazette is the official newspaper of the New Zealand Government. This is where official commercial and government notifications required by legislation to be published can be found.

The Epidemic Preparedness Act 2006 goes on to state this notice must be given after consideration of the written recommendation of the Director-General of Health, and that as soon as is possible after giving the notice, the Prime Minister must present a copy to the House of Representatives.5

.

5 Social Actions and Parliament Democracy’s Response in a Crisis 5 In the case of the COVID-19 pandemic, the House had adjourned the previous week (on 19 March) for a recess. Under the Standing Orders (rules) of the House of Representatives, the Speaker called the House back early to meet on Wednesday, 25 March 2020, where the Prime Minister delivered a ministerial statement in the House.6 In this statement the Prime Minister declared that the epidemic notice had been given, and that the Minister of Civil Defence had declared a state of national emergency. This gave the Government sweeping powers to manage the lockdown that was to occur at midnight later that day.7

The House then moved to consider and pass an Imprest Supply Bill, which authorised the Government to spend public money for their respond to the epidemic. This totalled around $52 billion.8 Other legislation was also passed connected with this response - e.g. associated with taxation and social assistance. Before adjourning, the House also agreed to establish the Epidemic Response Committee, a special select committee set up to “consider and report to the House on matters relating to the Government’s management of the COVID-19 epidemic” - in other words, to fulfil the House’s functions of scrutinising Government actions.

This committee was made up of eleven members of Parliament, chaired by the Leader of the Opposition, and members of the Opposition held a majority, with six seats. It first met on Tuesday, 31 March 2020, with proceedings broadcast on Parliament TV, website and Facebook page. Detail on this committee is given in the appendices.

So what powers did the Epidemic Preparedness (COVID-19) Notice and the national state of emergency give to the Government and Government agencies?

Epidemic Preparedness (COVID-19) Notice

The Epidemic Preparedness (COVID-19) Notice gave the Government and their agencies a number of special powers such as empowering medical officers to require people to submit for medical examinations or testing, control over the supply of medicines, and the power to isolate people and areas for quarantine purposes. There were also measures that influenced legislation affecting emergency benefits and temporary entry class visas.

By far the most wide-ranging power in this kind of notice is that the Governor-General may by Order in Council (e.g. on the recommendation of all Cabinet Ministers) modify requirements and restrictions set out in almost all existing laws. The exceptions are the Constitution Act 1986, the Electoral Act 1993, and the New Zealand Bill of Rights Act 1990. These modifications can be prospective (set for a later date) or immediate, and the immediate ones can be disallowed by Parliament within six sitting days of their being made.

National State of Emergency

Powers under a national state of emergency would enable Civil Defence and Emergency Management to:

• close or restrict access to roads or public places • remove or secure dangerous structures or materials • provide rescue, first aid, food, shelter • conserve essential supplies • regulate traffic • make arrangements for fatalities • enter a premises to rescue people or save lives • evacuate premises or places, remove vehicles and vessels • requisition equipment and materials and assistance.

These tasks would be carried out by central and local government, emergency services, the New Zealand Defence Force, and a wide range of other agencies. is responsible for the maintenance of law and order during an emergency.

6 Democracy’s Response in a Crisis References:

1 Mary Harris and David Wilson (eds.), Parliamentary Practice in New Zealand 4th edition (: Oratia Books, 2017), 699-705.

2 “Inquiry into the Government response to COVID-19 – John Ombler, All of Government Controller (Briefing paper),” New Zealand Parliament Pāremata , accessed 21 December 2020, https://www.parliament.nz/en/pb/sc/submissions-and-advice/ document/52SCEP_EVI_96420_EP18/john-ombler-all-of-government-controller-briefing-paper.

3 Epidemic Preparedness Act 2006 (New Zealand), accessed 21 December 2020, http://legislation.govt.nz/act/public/2006/0085/latest/ DLM404459.html.

4 “Epidemic Preparedness (COVID-19) Notice 2020”, New Zealand Gazette Te Kāhiti o Aotearoa, accessed 21 December 2020, https:// gazette.govt.nz/notice/id/2020-go1368.

5 Epidemic Preparedness Act 2006 (New Zealand), accessed 21 December 2020, http://legislation.govt.nz/act/public/2006/0085/latest/ DLM404459.html.

6 Standing Orders of the House of Representatives 2020, SO 55(1), SO 55(2).

7 Civil Defence Emergency Act 2002 (New Zealand), accessed 21 December 2020, http://www.legislation.govt.nz/act/ public/2002/0033/51.0/DLM149789.html.

8 “Imprest Supply (Third for 2019/20) Act 2020: Bills Digest 2617”, New Zealand Parliament Pāremata Aotearoa, accessed 21 December 2020, https://www.parliament.nz/en/pb/bills-and-laws/bills-digests/document/52PLLaw26171/imprest-supply-third-for-201920-act- 2020-bills-digest.

7 Social Actions and Parliament Democracy’s Response in a Crisis 7 Scrutiny of Government’s actions

In response to the COVID-19 epidemic, Parliament authorised the Government with emergency powers; however, the House still retains parliamentary control to scrutinise how the Government is exercising these powers.

The most public way these special powers were scrutinised was through the Epidemic Response Committee, set up by Parliament before its adjournment. There is more detail on this committee in the appendices.

Another way that Parliament can keep an eye on the Government’s activities is through a select committee called the Regulations Review Committee.

Regulations are legal rules that have been delegated by Parliament to different bodies such as government departments like ACC. An example of a regulation are the right to issue a permit or to set a fee.

The Regulations Review Committee had a role to check that the Government’s use of epidemic-related emergency regulations was appropriate. This provided another check on the special powers given to the Government at this time.

Further information on texts used in the student activities and how they can be used to relate to challenges to, or support of, democratic principles can be found in the appendices.

8 Democracy’s Response in a Crisis Student resource activities

This resource will cover the powers that were brought in by our Government during the COVID-19 pandemic in 2020. You will explore what changes were made to our lives, and examine how features of our democracy were affected or challenged. There will also be an opportunity to understand a few examples of measures that were put in place to protect those features of our democracy.

All activities are highlighted by this arrow

Visualising ideas and challenges

You are going to start your work on the impact on us during the COVID-19 pandemic by thinking about all the different kinds of ideas, opinions, and images we have from this time. It is your choice how you do this – maybe through your own drawings and thoughts, or maybe by using images and quotes from the internet, or a combination of these.

You can complete this activity digitally or on paper. The aim is to spend some time thinking about this important event in New Zealand history, an event that affected all our lives.

Here’s an example of what your collage could look like:

9 Social Actions and Parliament Democracy’s Response in a Crisis 9 Restrictions of democratic freedoms

In March 2020, the Government put in place a number of different ways to help fight back against the COVID-19 pandemic in New Zealand. Some of these ways took away people’s freedoms, and lots of people had different opinions about this.

Here is a continuum of views from different people. They are talking about how they feel about the restrictions to their freedoms during the alert level 4 lockdown in March 2020. Place the person’s name on the continuum as to where you think their point of view sits.

Doesn’t agree with Thinks some Agrees with restrictions restrictions are OK restrictions

I think it’s We need to think important to have time to get the of others and act like you’ve virus under control, but that’s not going got COVID-19, and think about the to stop me from going for a surf. I mean, consequences if you go out unnecessarily. If what damage can that do? The Governement we don’t stick to our bubbles and follow the just needs to find out where people who rules, the virus will spread and people will have it are and stop them, and let the die. It’s that simple. rest of us carry on like normal! - Brian - Dave I’m concerned about my parents. They’re high risk and are relying on me to go to the supermarket for them. This thing is I don’t see why I If we didn’t have the restrictions, costing the economy more can’t go and see my friends. how could we feel safe that the than $3 billion a week. Why is It will just be for a coffee and we’ll disease isn’t spreading? the governement telling us we all stay two metres apart. I don’t hang - Tipene need to be at home doing nothing? out with old people anyway. And aren’t people just being - Jackie paid to not do work? - Miranda

Choose TWO of these people and write • the person’s name • what their point of view was • why they may have held this point of view e.g. what they might value?

10 Democracy’s Response in a Crisis Emergency powers used in response to COVID-19

This task will help develop your ability to read and think about the main ideas in texts which you may not be familiar with.

Read through the Prime Minister’s statement from Tuesday 31 March 2020 on the next page. You can do this aloud with another person, or on your own.

Glossary of words and terms

An eight-member committee run by the Prime Minister. The Ministers Government’s COVID-19 of Finance, Health, Education, and Social Development were on the Committee committee, as well as the Leader of the New Zealand First Party, Deputy Leader of the Labour Party, and a co-leader of the Green Party.

A member who is part of the Executive, usually responsible for a Minister Government department or agency.

Organisations that are formed to support or advocate (put a case on Unions someone’s behalf) for workers.

Employers People or companies who pay people to work for them.

Employees People who work for others.

Newspapers, websites, or publications that bring you news from different Community media content communities.

Other words from the next page you’d like your teacher to help explain:

11 Social Actions and Parliament Democracy’s Response in a Crisis 11 Prime Minister’s Press Conference: Tuesday 31 March

PM: Kia ora, good afternoon, and welcome. . . .

1. Before I start, I do want to acknowledge that I do not underestimate the difficulty of the challenge of being in alert level 4—for families, for those living on their own, for anyone in New Zealand right now. While we are doing all we can to stop the spread of the virus, we are also aware of our need to do all we can to make the experience of those at home the best it can be.

2. . . . the Government’s COVID-19 committee met today, so I can update you on several decisions that Ministers have made. First, the state of national emergency put in place to help stop the spread of COVID-19 has been extended for a further seven days. . . . Extension ensures the continuity of the resources, support, and powers needed to prevent the spread of COVID-19 in our communities. This includes ensuring our Civil Defence Emergency Management workers can carry out critical work, including managing roads, traffic, and public places; issuing first aid; and the provision of food, shelter, and accommodation.

3. . . . The committee also had further discussions about Easter trading. Ministers agreed that supermarkets will be closed as usual on Good Friday but will be able to open on Easter Sunday. Making this decision, we considered input from supermarkets, from unions who represent the workforce of those supermarkets, and communities. It’s fair to say that there were a range of views amongst Ministers, and I do want to acknowledge the religious significance of Easter Sunday for many .

4. . . . In the end, the important issue for us was that we wanted to avoid people rushing to the supermarket if there were two days of closure, which would defeat the work everyone is doing to try and reduce people’s contact with one another. Given supermarkets are often closed on Easter Sunday, it is important that employees know they still have the right to refuse to work that day. I’m sure that employers will act fairly with these requests, and I have been told that the supermarkets have already advised us that employees will be able to volunteer to work on that day, rather than being rostered on. . . .

5. Now more than ever, it’s important that people have as much information and access to news as is possible, but it’s also about reducing the risks of exposure to COVID-19. Where people can provide their community media content online, we ask them to focus on that mode of publication during this heightened alert, but we accept that there are remote communities and, for instance, non-English language communities who may not be accessing information through other means. . . .

6. . . . I want to share one last thing. I’ve received a lot of correspondence from the relatives of pharmacists, reminding me and all of us of the front-line role their family members are playing as we fight to stop the spread of COVID-19 and to keep our communities well. And so we thank our 1,072 community pharmacies spread across New Zealand for continuing to provide such an essential service at this time, especially as they also support our medical and nursing workforce in the early flu vaccination campaign for our most vulnerable New Zealanders, and also for adapting to Alert Level 4 requirements and providing virtual services for working on split shifts to observe physical distancing. From all of us, we say thank you.

Rt Hon , “Press Conference: Tuesday, 31 March,” (Press conference, , Tuesday 31 March 2020), accessed 3 December 2020, https://www.beehive.govt.nz/sites/default/files/2020-04/3103%20PM%20Press%20Conference%20.pdf.

12 Democracy’s Response in a Crisis Here is a list of the main ideas for each of the paragraphs. Match the number of the paragraph to the main idea. One is done for you to help get you started.

Main idea Paragraph number this is linked to Workers have rights that are linked to not being made to work on a public holiday.

It is important in a democracy to have freedom of the press, or in other words access to different kinds of news media.

There are restrictions on the movement of people and who they can meet with to help slow the spread of COVID-19.

Restrictions on people’s lives can provide a challenge for some families.

Many different New Zealanders are providing an Paragraph 6 important service to our communities at a time of national emergency.

In a democracy people should be able to practise the religion they want to.

13 Social Actions and Parliament Democracy’s Response in a Crisis 13 Answer the questions below: • What emergency powers does the Prime Minister describe the Government as having? • How are people affected by these powers, and the Alert Level 4? • The Prime Minister states these are important changes. What reasons does she give for why these are necessary?

In your opinion:

• What was the best sentence or idea used to communicate about the emergency powers the Government had and their importance?

• Why did you choose this sentence/idea?

14 Democracy’s Response in a Crisis • What was the sentence or idea you felt didn’t really communicate very well about the emergency powers?

• Why did you choose this sentence/idea?

15 Social Actions and Parliament Democracy’s Response in a Crisis 15 Challenges to democracy

In New Zealand we have different democratic rights, and some of these are contained in the New Zealand Bill of Rights Act 1990. This law sets out our rights such as: • The right to vote for people to represent us • Freedom of thought, conscience, and religion • Freedom of expression (e.g. the freedom to seek, receive, and give information and opinions of any kind, in any form) • Freedom of peaceful assembly • Freedom of association (e.g. form clubs, meet with other people individually) • Freedom of movement (within New Zealand, and including a citizen’s right to enter or leave New Zealand)

Some of the changes that were brought in to combat the spread of COVID-19 affected our democratic rights. The emergency powers brought in were: • a state of national emergency; • the powers given under an epidemic notice; and • the four different level alerts.

As the Prime Minister explained on 25 March:

Yesterday, I issued the epidemic notice, and today the Minister of Civil Defence declared a state of national emergency, both of which provide us the powers for Government to move the country to level 4.

A physically-distanced House of Representatives under the COVID-19 alert levels

16 Democracy’s Response in a Crisis Below is a list of changes, and a space for you to explain how our democratic rights may have been affected by these different emergency powers. Use examples to explain your opinion, and why this is positive or negative.

To help you with this task, use the list of features of our democratic rights given on the previous page. An example is given for you to help you get started:

Changes due to one of the emergency How our democratic rights were powers affected, using examples. Why is this positive or negative?

Travel around New Zealand limited across levels 2 to Our right to freedom of movement was affected, e.g. 4. we couldn’t visit our family who didn’t live with us. This is negative because ...

People instructed to stay at home unless involved with an essential service, e.g. health service, emergency service, transportation, or essential goods and services. Businesses closed except for essential services (supermarkets, pharmacies).

Provision of first aid, food, shelter, and accommodation where needed (under state of emergency powers).

Schools closed, and public venues such as libraries, museums, gyms, swimming pools and cinemas closed.

Use of police to enforce travel and movement restrictions.

Mass gatherings not allowed.

Authorities able to take over spaces, e.g. using a carpark for COVID-19 testing.

Although many businesses closed, the media is classified an essential service to ensure information is still given to people about the restrictions.

17 Social Actions and Parliament Democracy’s Response in a Crisis 17 Steps taken to protect our democracy

As we can see above, a lot of the measures taken in the Government’s response to the COVID-19 pandemic affected our democratic rights. There were also steps taken to make sure that some of our rights were protected. Two of these involved our Parliament.

Here are two examples of steps that were taken by New Zealand’s Parliament, and the democratic rights they are linked to.

1. Step taken – to set up the Epidemic Response Committee (a special select committee of Parliament)

Democratic right linked to: The right to vote for people to represent us

2. Step taken: Written questions to Government Ministers allowed to continue

Democratic right linked to: Freedom of thought, conscience, and religion Freedom of expression (e.g. the freedom to seek, receive, and give information and opinions of any kind, in any form).

Key ideas have been bolded to help you read about these processes in our Parliament.

Epidemic Response Committee

The House of Representatives established the Epidemic Response Committee (ERC), a special select committee to “consider and report to the House on matters relating to the Government’s management of the COVID-19 epidemic” - in other words, to make sure there was a group of MPs who would examine the actions the Government took or should be taking. This committee was made up of eleven members of Parliament, chaired by the Leader of the Opposition. Members of the Opposition held the majority, with six seats. It first met on Tuesday, 31 March 2020, withproceedings broadcast on various media channels including Parliament TV, New Zealand Parliament’s website and Facebook page.

A meeting of the Epidemic Response Committee, with witnesses.

18 Democracy’s Response in a Crisis Written questions to Ministers

During level 4, when Parliament was not sitting, the practice of MPs being allowed to ask questions to Ministers through a parliamentary process called “written questions” still continued. This process means Ministers, and the organisations they are responsible for, can have their activities scrutinised (examined, questioned). 1,812 questions were asked of Ministers during the level 4 lockdown. For more information on written questions, visit https://www.parliament.nz/en/pb/order-paper-questions/written-questions/.

Key question for each chart: Does this step help protect a democratic right?

Complete the SWOT analysis below on how the steps taken help preserve a feature of democracy.

Step taken: Set up of the Epidemic Response Committee

Strengths of this action: Weakness of this action:

Opportunities this action could create: Factors that could threaten the success of the action:

Step taken: Continuation of written questions in Parliament

Strengths of this action: Weakness of this action:

Opportunities this action could create: Factors that could threaten the success of the action:

19 Social Actions and Parliament Democracy’s Response in a Crisis 19 Presenting your ideas and understanding

Presentation activity

This activity is designed for you to show what you have understood from the work you have done so far. You can use any form of communication you want to show what you have understood about: • The emergency powers that were put in place by the Government in response to the COVID-19 pandemic in March 2020 • What features of our democracy were affected • What are examples of steps taken to make sure some of our democratic rights weren’t lost.

Use examples such as quotes, information, and/or images that help show your understanding. Here are some suggestions for how to present your ideas: • Poster with diagrams and images • Short report with images • Short video • Visual storyboard with a timeline • Anything else your teacher suggests as a mode of communicating your ideas.

What’s important to you?

Write a letter or an email to a person involved in the COVID-19 crisis and who was involved in either the management of the crisis or in the safeguards e.g. was on the Epidemic Response Committee (the special select committee)

Tell them: • Your view about what happened • What you think was the most important thing you’ll remember • Whether you think the changes were enough/ Some ideas about who to write to: not enough/too much • Whether you felt that we still managed to The Prime Minister keep some features of our democracy. https://www.parliament.nz/en/get-involved/have- your-say/contact-an-mp/

Leader of the Opposition https://www.parliament.nz/en/get-involved/have- your-say/contact-an-mp/

Director-General of Health Postal address: Ministry of Health, PO Box 5013, Wellington 6140 Email: [email protected]

Director of Civil Defence Emergency Management Postal address: 70-84 Lambton Quay, PO Box 5010, Wellington 6145 Email: emergency. management@nema. govt.nz

20 Democracy’s Response in a Crisis Appendices

This information provides further detail to help support teachers/educators exploring democratic freedoms being challenged and supported.

(NB: “. . .” indicates that is there is other material that has not been included)

Appendix A

PRIME MINISTER’S PRESS CONFERENCE: WEDNESDAY, 25 MARCH 2020

PM: Good afternoon, everyone. We are now a matter of hours away from an unprecedented lockdown of our country, in order to combat an unprecedented virus that, left unchecked, would have an unacceptable toll on New Zealanders. I have one simple message for New Zealanders today as we head into the next four weeks: stay at home. It will break the chain of transmission and it will save lives. . . .

Today, a state of national emergency has been declared across New Zealand. Through the early and hard measures we’ve taken at the border using the powers under the Health Act, the signing of epidemic notices, and now being in a state of national emergency, we have all of the legislative means possible, all of the enforcement powers, all the tools we need at our disposal to combat the spread of COVID-19. In particular, the state of national emergency declaration allows Civil Defence Emergency Management controllers to take the necessary steps, if they need to, to ensure the conservation and supply of food, fuel, and other essential supplies; regulate land, water, and air traffic; close roads and public places; evacuate any premises, including any public place; and, if necessary, to exclude people or vehicles from any premises or place. I also issued an epidemic notice, which gives us flexibility to make common-sense and pragmatic changes across our crucial governmental services to keep them functioning well during the lockdown. . . .

. . . Every New Zealander coming through our borders will be screened. If they are symptomatic, they will be tested and they will be put into isolation in an approved facility. If they are not symptomatic but they have no plan or ability to self-isolate, they will also be placed in an approved facility. . . .

Media: Do you have any reservations about so many powers being given to the Government and authorities?

PM: No. These are all necessary. This is an extraordinary time. Of course, we are very mindful of the way we exercise them. We’re also making sure we’re putting into our system accountabilities. We have now, for instance, within Parliament, a select committee that is being chaired by the Opposition where they can continue to scrutinise all the activities of Government, and I do think that’s important.

Rt Hon Jacinda Ardern, “Prime Minister’s Press Conference: Wednesday, 25 March,” (Press conference, Wellington, Wednesday 25 March 2020), accessed 3 December 2020, https://www.beehive.govt.nz/sites/default/files/2020-03/250320%20PM%20Daily%20Covid-19%20 Press%20Conference.pdf.

Ideas for teachers/educators connected to challenges to democratic principles

• In a democracy, laws are made by our representatives that affect our different communities. The powers under the epidemic notice and the National State of Emergency (both enabled by legislation) affected all communities in New Zealand, e.g. control of food, fuel, roads • Our freedoms of association and movement were limited • Freedom of the press to ask questions of the Government • The House of Representatives’ responsibility to scrutinise a government’s actions.

21 Social Actions and Parliament Democracy’s Response in a Crisis 21 Appendix B

PRIME MINISTER’S PRESS CONFERENCE: Tuesday, 31 MARCH 2020

PM: Kia ora, good afternoon, and welcome. . . .

. . . the Government’s COVID-19 committee met today, so I can update you on several decisions that Ministers have made. First, the state of national emergency put in place to help stop the spread of COVID-19 has been has been extended for a further seven days. The initial declaration on 25 March lasted seven days and can be extended as many times as necessary. Extension ensures the continuity of the resources, support, and powers needed to prevent the spread of COVID-19 in our communities. . . .

The committee also had further discussions about Easter trading. Ministers agreed that supermarkets will be closed as usual on Good Friday but will be able to open on Easter Sunday. Making this decision, we considered input from supermarkets, from unions who represent the workforce of those supermarkets, and communities. It’s fair to say that there were a range of views amongst Ministers, and I do want to acknowledge the religious significance of Easter Sunday for many New Zealanders.

. . . In the end, the important issue for us was that we wanted to avoid people rushing to the supermarket if there were two days of closure, which would defeat the work everyone is doing to try and reduce people’s contact with one another. Given supermarkets are often closed on Easter Sunday, it is important that employees know they still have the right to refuse to work that day. I’m sure that employers will act fairly with these requests, and I have been told that the supermarkets have already advised us that employees will be able to volunteer to work on that day, rather than being rostered on. . . .

I was asked yesterday about the status of media as an essential service, and this was also discussed by COVID Ministers today. As you can see, we have treated media as an essential service, but several media publications have expressed concern over which forms of media production and distribution meet the criteria of essential services. . . .

With that in mind, Ministers have agreed to expand the essential business guidance for media to include targeted production of printed newspapers for communities that are hard to reach. It is important to note that our priority remains to stop the movement of people unnecessarily. It is a decision that a very limited number of publications which can demonstrate they fill an unmet need, and can also show they have appropriate health and safety measures in place to minimise the transmission of COVID-19 during production and delivery, will be approved as essential. . . .

Rt Hon Jacinda Ardern, “Press Conference: Tuesday, 31 March,” (Press conference, Wellington, Tuesday 31 March 2020), accessed 3 December 2020, https://www.beehive.govt.nz/sites/default/files/2020-04/3103%20PM%20Press%20Conference%20.pdf.

Ideas for teachers/educators connected to challenges to democratic principles

• Extension of powers restricting freedom of movement and association • Range of views represented in discussions on restrictions to supermarket trading hours • Challenges and safeguards concerning freedom of expression, especially religious freedom, on Easter trading hours • Support for freedom of the press in communities where access to information is limited, e.g. some printed community newspapers.

22 Democracy’s Response in a Crisis Appendix C

Epidemic Response Committee

The Epidemic Response Committee was established on 25 March 2020 to consider and report to the House on matters relating to the Government’s management of the COVID-19 pandemic.

The cross-party committee was chaired by the Leader of the Opposition, the Hon Simon Bridges, and consisted of 11 members in total, six of whom were Opposition members.

From 31 March, the committee met remotely via video-conference every Tuesday, Wednesday, and Thursday from 10a.m. to 12.30p.m. At that point, the COVID-19 alert level 4 was expected to remain in place for at least four weeks, until late April.

While the committee was operational, it heard from people across different sectors on a range of topics related to COVID-19. This included health, business, police, and civil defence.

The committee meetings were broadcast on Parliament TV and , live streamed on New Zealand Parliament’s website and New Zealand Parliament’s Facebook page. On-demand versions of these streams were also available after each meeting. Streams were only available when hearings were open to the public.

A function of Parliament is to hold the Government to account and to provide scrutiny over its policies and actions. All parties not in Government have the opportunity to provide this scrutiny during debates in the House, and by asking Ministers oral and written questions.

As Parliament was not meeting while New Zealand was at alert level 4, the Epidemic Response Committee was set up to provide this scrutiny over the Government’s response to the COVID-19 outbreak. The Leader of the Opposition chaired the committee.

“Epidemic Response Committee: Covid-19 2020,” New Zealand Parliament Pāremata Aotearoa, accessed 3 December 2020, https:// www.parliament.nz/en/visit-and-learn/history-and-buildings/special-topics/epidemic-response-committee-covid-19-2020/.

Ideas for teachers/educators connected to challenges to democratic principles

• Parliamentary scrutiny of a government’s actions accounted for • Freedom of speech (opinion) – recognition that there will be different opinions about the Government’s response that can filter through to members on the committee when questioning Ministers, officials, and other experts talking to the committee • Freedom of the press – the meetings, when open to the public, can be reported on.

23 Social Actions and Parliament Democracy’s Response in a Crisis 23 Appendix D

Health Act Notices

In March 2020 the Minister of Health authorised the further use of special powers by Medical Officers of Health in accordance with section 70 of the Health Act 1956 for the purposes of preventing the outbreak and spread of COVID-19.

On 16 March 2020 one of the first Health Act orders was the notice to arrivals (except from certain countries) that they would be required to quarantine for 14 days.

A second Health Act order was given on 25 March 2020 giving notice to close premises and forbade congregation in outdoor places of amusement or recreation.

A further section 70 notice was given on 31 March extending the requirement of quarantine upon arrival to all persons arriving in New Zealand, and on 3 April 2020 a Health Act order was given to all persons in New Zealand to remain at home except for essential personal movement, and to maintain physical distancing.

There continued to be Health Act orders which covered the implementation of different alert levels, and these have since been revoked or replaced as a consequence of the passing of the COVID-19 Public Health Response Act 2020.

“Legislation and key documents”, COVID-19, accessed 19 January 2021, https://covid19.govt.nz/updates-and-resources/legislation-and- key-documents/#health-act-notices.

24 Democracy’s Response in a Crisis Additional resources

COVID-19 press conferences from March 2020 https://www.beehive.govt.nz/feature/COVID-19-updates

This link is to the Beehive website, where full transcripts of the press conferences associated with COVID-19 from the Prime Minister, the Director-General of Health, and other Ministers and officials of this time can be found.

Epidemic Preparedness Notice 2020 https://gazette.govt.nz/notice/id/2020-go1369

This notice outlines the measures in the Social Security Act 2018 and the Immigranion Act 2009 that were activated by this notice. For example, measures concerning emergency benefits and extension of temporary entry class visas.

Epidemic Response Committee https://www.parliament.nz/en/get-involved/features/COVID-19-what-is-the-epidemic-response-committee/

Information given on the Epidemic Response Committee, which covers what it would do, how people could watch or listen to it, and why it was needed.

Notice of motion to set up the Epidemic Response Committee https://www.parliament.nz/en/pb/sc/scl/epidemic-response/news-archive/notice-of-motion/

This was the notice of motice lodged by Hon Chris Hipkins on 25 March 2020. It recommended the establishment of the Epidemic Response Committee, which would consider and report to the House on any matter relating to the Government’s management of the COVID-19 pandemic.

25 Social Actions and Parliament Democracy’s Response in a Crisis 25 For any queries our contact details are below: [email protected] Phone [64] 04 817 9565

Other resources on the Parliament website https://www.parliament.nz/en/visit-and-learn/educators-and-students/ 26 Democracy’s Response in a Crisis