A group that opposes the government's Managed Isolation and Quarantine (MIQ) system and argues entering New Zealand is a 'foundational right' laid out their concerns today in the High Court.
There has been no end to the heart-wrenching stories of MIQ misery - today they made it to the High Court.
Paul Radich QC listed some of the worst cases of those who could not return to New Zealand.
"The lady whose son had died and she couldn't get home. The person ... who had a 14-year-old whāngai son who was undergoing cancer therapy - couldn't be home to be with him. The person at point three who was separated from her two teenage daughters for a year. At point four, unable to return for six months despite the whole time being desperate to be with her grandmother who was at the end of the life, and her stepfather dying from mesothelioma."
Radich was arguing on behalf of Grounded Kiwis that being able to enter New Zealand is a 'foundational right'. He laid out concerns with the system that has restricted entry to Aotearoa throughout the pandemic.
"New Zealanders, Kiwis, us, have been stranded overseas. We're not talking about holiday-makers, we're not talking about opportunists. We're talking about those needing to come home. We're talking about people who needed to be here for deeply upsetting family reasons."
Radich said the case was about how much the right to return could be limited, while striving all the time to consider less rights-limiting options.
Essentially, he said public health was put above all else, without enough consideration given to the rights of returning New Zealanders.
"The pendulum is firmly in the wrong place. The pendulum is firmly on the public health considerations at the expense of a real understanding of the way in which the fundamental right to be here is to take effect."
Grounded Kiwis is focusing its case on the period between September to December 2021, when people testing positive for Covid-19 in New Zealand could stay at home, but those who tested negative at the border had to stay in MIQ.
He described the case being about putting a stake in the ground and making sure it does not happen again. The court proceedings were scaled back on Monday due to the Parliament protests taking place only about 200 metres away.
Tea Clougher had travelled to Wellington from Te Anau to support Grounded Kiwis, but instead watched on a live feed.
"Because there are so many people still stuck overseas, and what the government is doing is not right. They need to be held accountable, there needs to be a watchdog that stops them from making these sweeping decisions unilaterally without any kind of watchdog basically to say 'this isn't right'."
Clougher had been in the Netherlands last year when her visa expired and she battled the system to get back, eventually returning in November.
"There needs to be some kind of oversight to government making these decisions that affects literally thousands of people, that are citizens, trying to get back to this country."
Sarah Romans had hoped to attend Monday's hearing in person but she too was forced to watch online. She was stuck in Melbourne between August and November last year due to the lack of MIQ availability.
"It's pitting the Human Rights Act, including New Zealand citizens' rights to re-enter New Zealand, against the Public Health Act."
It was vital the issue was resolved, she said.
"It's really important for us now, but also for any future pandemic management, that we have a sense of which bit of legislation takes priority, in what ways."
The hearing is set down for two days, with the Crown to respond tomorrow.
Despite the impending changes at the border, this group wants to make sure they are not shut out, if the border slams shut again.
