A man in his 60s has died from a supected case of Covid-19.

A special law to enforce health measures such as social distancing under Covid-19 alert level 2 is being considered by the Government, which has acknowledged its strict response to the virus is breaching human rights.

Attorney-General David Parker has released advice he provided to Cabinet ministers considering New Zealand's exit from a severe lockdown.

The Cabinet paper reveals the Government is considering special Covid-19 legislation to continue to enforce public health measures beyond alert level 3, which will begin on Monday and is expected to last two weeks.

The paper also details the "significant restrictions on fundamental human rights" New Zealanders face under alert level 3, and shows Parker considered that allowing small religious gatherings could have been legally justifiable - though it never eventuated.

ABIGAIL DOUGHERTY/STUFF Police pull cars over on Tamaki Drive in Mission Bay checking if people are adhering to the nation-wide lockdown.

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Parker, who released the paper on Friday, said it was "important to be open and clear about the legal basis for the requirements to follow alert level 3".

The document says officials from the all-of-government team currently running the lockdown are considering what powers are needed to enforce alert level 2.

This more permissive alert level will allow most people to go to work, businesses including cafes and bars will be able to open, and many sports and recreational activities could resume.

Measures like maintaining social distancing of one metre in public places and restrictions on gatherings will remain.

"Non-compliance with some restrictions could have a disproportionately large public health impact because there are more people interacting," the paper says.

Such restrictions are currently enforced through emergency powers given under a national state of emergency and epidemic notice declared before lockdown.

As there may no longer be a national state of emergency in place under alert level 2, a specific Covid-19 law to enforce such restrictions may be required, and both Health Minister David Clark and leader of the House Chris Hipkins were said to be taking advice to Cabinet on Thursday.

Finance Minister Grant Robertson, speaking for the Government at a Friday press conference, said the Government continued to consider specific Covid-19 legislation.

"As we move though the levels there will be different forms of regulation that are required and whether or not there needs to be extensions of both the pandemic notice and the state of emergency are the very issues that Crown Law is advising the Attorney-General on," he said.

The Ministry of Health will issue a new health order to enforce restrictions under alert level 3, such as an order for people to stay at home if they're not at work.

MONIQUE FORD/STUFF Attorney-General David Parker.

The paper says such an order will breach the rights to freedom of movement, association and assembly, which are given under the Bill of Rights Act.

Several rights under New Zealand's international obligations, such as the rights to work and the right to have the best health and mental health possible, will also be limited due to work restrictions and the cancellation of elective surgery.

Parker, in the paper, said it was possible that small religious gathering could be justified under alert level 3. But as the Government's policy was to limit gatherings to "big life moments (such as funerals) which could not wait", this was not allowed.

The breach of human rights was deemed permissible as it was a "proportionate and lawful response" to a public health risk, the spread of Covid-19.