25 February 2022
The High Court has quashed the Covid-19 vaccine mandate for police and Defence Force staff.
The order
required Defence Force personnel, and police constables, recruits and authorised officers to have two doses of the vaccine by 1 March, or face termination.
On 6 January, three unvaccinated staff sought a judicial review of the mandate.
They were supported by affidavits from 37 of their colleagues in the same situation.
Justice Cooke today released his decision which upheld their claims the vaccination order breached their rights under the Bill of Rights Act.
While the judge did not accept some of the applicants' arguments, he agreed the mandate infringed on section 11 and section 15 of the Act.
"The order limits the right to be free to refuse medical treatment recognised by the New Zealand Bill of Rights Act (including because of its limitation on people's right to remain employed), and it limits the right to manifest religious beliefs for those who decline to be vaccinated because the vaccine has been tested on cells derived from a human foetus which is contrary to their religious beliefs," Justice Cooke said.
He pointed out the court's decision did not affect any other vaccine mandates nor internal vaccination policies of the police or Defence Force.
"In essence, the order mandating vaccinations for police and NZDF staff was imposed to ensure the continuity of the public services, and to promote public confidence in those services, rather than to stop the spread of Covid-19. Indeed health advice provided to the government was that further mandates were not required to restrict the spread of Covid-19. I am not satisfied that continuity of these services is materially advanced by the order," he said.