Dear Ministry of Foreign Affairs and Trade,

During the Covid-19 pandemic, on the 30 April 2020, the International Covenant on Civil and Political Rights Human Rights Committee distributed the following communication to all participating member States:

Pursuant to article 4 of the Covenant, it has been brought to the attention of the Committee, that several State parties have resorted to emergency measures in response to the COVID-19 pandemic in a manner seriously affecting the implementation of their obligations under the Covenant, without formally submitting any notification of derogation from the Covenant.

The Committee calls upon all State parties that have taken emergency measures in connection with the COVID-19 pandemic that derogate from their obligations under the Covenant to comply without delay with their duty to notify the Secretary-General thereof immediately, if they have not already done so.

Notification by a State party must include full information about the derogating measures taken and a clear explanation of the reasons for taking them, with complete documentation of any laws adopted.

Further notification is required if the State party subsequently takes additional measures under article 4, for instance by extending the duration of a state of emergency.

Please provide:

1) All communications; recommendations; decisions; and notifications between all Government departments; decision-making groups; Taskforce Committees; and any related agencies, that were involved in providing the compliance required to formally notify the UN Secretary-General of New Zealand’s choice of derogation from the Covenant.

2) The justifications and explanations of:

a) the proportionality of any derogating measures taken

b) the conformity of measures taken with other international obligations

c) assessments of non-discrimination

d) the prohibition on derogating from certain non­derogable rights

e) complete documentation of any laws adopted

f) further notification of extention of emergency use powers; emergency measures; and extention of State of Emergency declarations.

Yours faithfully,
Nadine Connock