New Zealand’s High Court has ruled that the mandate requiring Defence Force personnel and police officers to be vaccinated by March 1, at the risk of being fired, is illegal. Among the arguments used to overturn this measure are: (1) that the threat (of transmission) exists for both vaccinated and unvaccinated personnel, and (2) the right to freedom to refuse medical treatment.
As reported by Radio New Zealand , on 6 January, three unvaccinated employees, supported by the testimony from 37 of their peers in the same situation, asked for a judicial review of the mandate.
The Judge released his decision and confirmed that the vaccination order violated rights under the Bill of Rights Act.
The judge did not accept all of the appellants’ arguments, but he agreed that the warrant violated section 11 and section 15 of the Act.
“The order limits the right to be free to refuse medical treatment recognized by the New Zealand Rights Act (including by virtue of its limitation on the right of persons to remain employed) and limits the right to manifest religious beliefs to those who refuse to be vaccinated because the vaccine was tested on cells derived from a human foetus that is contrary to their religious beliefs.”
Despite recognizing that Covid-19, in particular the Omicron variant, can threaten the continuity of the police and defence forces, he stresses that this risk “exists both for vaccinated and unvaccinated personnel”.
