Any volunteers that may have engaged in delivery of Voices For Freedom flyers during level 4 lockdown would be entitled to do so lawfully given the permissions relating to “recreation”. Likewise any Voices For Freedom volunteers involved in recreation involving holding signs or wearing tee-shirts in groups of people would be similarly entitled to do so.
That said, as a result of misinformation and disinformation being disseminated by various sources – including mainstream media – a majority of the public appears to have formed the erroneous belief that any type of recreation is prohibited.
Therefore, Voices For Freedom has resolved at this time that it does not authorise flyers to be delivered and nor does it authorise group pop-ups to be held during level 4 lockdown. This is for the security of volunteers who might otherwise be the subject of misguided vigilante action.
Clause 21(d) of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) 2021 (“the Order”) permits people to leave their homes or places of residence to undertake exercise or other recreation in line with the clause relating to recreation in circumstances where they are maintaining two metres distance from each other (as far as is reasonably practicable).
21 Permissions for essential personal movement within alert level 4 area
A person is permitted to leave their home or place of residence to do any of the following as essential personal movement (and then return to their home or place of residence afterwards):
Limited recreation purposes
(d) to undertake exercise or other recreation if—
(i) it is done in an outdoor place appropriate for that kind of exercise or recreation that is readily accessible (including by using their vehicle) from their home or place of residence; and
(ii) it is done in compliance with the requirements that relate to physical distancing (see clause 22) and the prohibition against gathering in outdoor places (see clause 30); and
(iii) it does not involve swimming, surfing, scuba-diving, water-based activities involving boating, sailing boats, motorised craft, or motorised equipment, hunting in motorised vehicles, tramping, or flying manned aircraft; and
(iv) it does not involve any other activities that expose the participant to danger or may require search and rescue services:
22 Physical distancing requirements for all individuals in alert level 4 area
(1) All persons in the alert level 4 area must comply with the 2-metre physical distancing rule so far as is reasonably practicable.
30 Prohibition on gatherings in outdoor places
(1) A person must not attend a gathering in any outdoor place in an alert level 4 area.
(2) A person must not organise a gathering in any outdoor place in an alert level 4 area.
(3)This clause does not apply to—
(a) a gathering of fellow residents; or
(b) any premises referred to in section 12(2)(d) of the Act.
(4) A breach of subclause (2) is an infringement offence for the purposes of section 26(3) of the Act.
(a) means people who are intermingling in a group; but
(b) excludes people who remain at least 2 metres away from each other so far as is reasonably practicable.