Richlister slams bureaucrats in MIQ legal challenge

• Author: Lane Nichols
• Published date: 28 October 2021
• Publication title: New Zealand Herald, The (Auckland, New Zealand)

But lawyers representing Auckland entrepreneur Murray Bolton, 73, who hopes to travel with his partner, say he is prepared to take myriad precautions to ensure he does not become infected or transmit the virus.

They also claim the Government is ignoring the lucrative economic benefits his whirlwind sojourn will deliver to the country and say requests to the COVID Response Minister to intervene have been met with “deafening silence”.

Bolton and his partner Wati Talei Zoing say they are fully vaccinated.

Bolton’s legal team, headed by high profile barrister John Billington QC, yesterday presented their case for a judicial review of the decision to reject his application in the High Court at Auckland before Justice Geoffrey Venning.

“He needs to go the US to participate in a pre-listing board meeting,” Billington told the court.

“He needs to go to help generate significant income — $30 million to $50 million — for the New Zealand economy. Unless you’re living down a rabbit hole in Wellington, which we certainly are not, you know that Auckland’s economy is under significant stress ... Mr Bolton’s business contributes to the economy significantly both by employment and funding into the economy by tens of millions of dollars.”

Bolton is the director of US-based company Xplor Technologies and his wealth is estimated to be more than $500m. The company is preparing to publicly list on the New York Stock Exchange. Bolton says he needs to attend a crucial two-day board meeting in November to discuss the listing and promote the firm’s New Zealand operations, which employ 180 staff.

Bolton claims New Zealand’s economic interests would be disadvantaged if he was forced to participate remotely by Zoom.

However, he does not have an MIQ space under the Government’s lottery system, so wishes to travel by private jet to reduce his exposure to the virus then self-isolate with his partner at his Herne Bay home upon their return.

The Ministry for Business Innovation and Employment (MBIE) rejected the exemption application so Bolton filed a landmark legal challenge against the country’s MIQ system, arguing it unreasonably limits citizens’ freedom of movement and breaches the Bill of Rights Act.

Billington told the court MBIE had applied too narrow a focus on health reasons when rejecting Bolton’s application, rather than considering broader social and economic factors required under the relevant legislation.

Any decision limiting a...