The High Court in Wellington has rejected the latest Covid-19 vaccine mandate legal challenge – this time from a small number of midwives, doctors and teachers seeking a judicial review.
Justice Matthew Palmer dismissed arguments heard earlier this week that the Covid-19 Public Health Response (Vaccinations) Order is not legally valid as the Covid-19 Public Health Response Act does not explicitly mention ‘vaccination’ and the New Zealand Bill of Rights Act allows for medical treatment to be refused.
"While any power must be exercised consistently with the purpose of the empowering Act, that does not imperil the making of the Order here," Palmer said in his judgement.
He said the order was made in the context of Covid-19 laws which were created to support the public health response during the pandemic.
Palmer also discussed how Parliament: "Envisaged that orders may be made which limit rights and freedoms under the Bill of Rights, as long as the limits are reasonable and demonstrably justified."
The judge agreed with Justice Francis Cooke, who earlier this week stated that the significance of a vaccine mandate may be, "better suited to legislation that squarely addresses the issues that arise from the measures."
In rejecting a claim from four aviation workers seeking to overturn their dismissal for refusing the Covid-19 vaccine, Cooke said it was surprising that such an important aspect of reducing the risk of the virus was put in place through law with no clear reference, which leads to a degree of uncertainty.
"None of this means that the Order is invalid, but neither should my conclusion be interpreted as clearing a path for more extensive use of this power for other circumstances," Cooke stated.
All health, disability and education workers must have received their first dose of the vaccine by next week.
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