Coronavirus Lockdown Laws - New Zealand
<p>It is widely understood that New Zealand is in a "Level 4" lockdown due to the Coronavirus.  While this is sensible and logical - can someone point me to the obvious f I am missing - how have these restrictions been made legal and enforceable?   (Specifically how can I be stopped from opening my shop, or driving to the beach to walk, or meeting with my friends).</p>

<p>The only information I've been able to find refers to the <a href="http://www.legislation.govt.nz/act/public/2002/0033/latest/whole.html#DLM150586" rel="nofollow noreferrer">Emergency Powers Act 2002</a> - but I struggle to believe it allows for the sweeping suspension of many fundamental rights particularly as except where the act provides otherwise  - according to section 6 - "
<em>Act does not limit, is not in substitution for, and does not affect the functions, duties, or powers of any person under the provisions of any enactment or any rule of law.</em>"  - meanwhile the <a href="http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225500" rel="nofollow noreferrer">Bill of rights act 1990</a> specifically allows a raft of things not allowed under Level 4 - including peaceful assembly (section 14), freedom of association, freedom of movement, liberty of the person.</p>

<p><a href="http://www.legislation.govt.nz/act/public/2002/0033/latest/whole.html#DLM151401" rel="nofollow noreferrer">S88 Closing roads and public places:</a></p>

<blockquote>
  <p>...totally or partially prohibit or restrict public access, with or
  without vehicles, to any road or public place...</p>
</blockquote>

<p><a href="http://www.legislation.govt.nz/act/public/2002/0033/latest/whole.html#DLM151405" rel="nofollow noreferrer">S91(1)(a) Power to give directions:</a></p>

<blockquote>
  <p>direct any person to stop any activity that may cause or substantially
  contribute to an emergency</p>
</blockquote>

<p>That is what "this Act otherwise provides"; <a href="http://www.legislation.govt.nz/act/public/2002/0033/latest/whole.html#DLM150586" rel="nofollow noreferrer">S6</a> that you cited only works "unless":</p>

<blockquote>
  <p>Unless this Act otherwise provides, this Act does not limit, is not in
  substitution for, and does not affect the functions, duties, or powers
  of any person under the provisions of any enactment or any rule of
  law.</p>
</blockquote>

<p>Also, from another angle, "functions, duties, or powers" are not the same thing as "rights": the Act does not limit the former (unless provides otherwise), but nowhere does it say it does not limit the latter.</p>

new-zealand covid-19