In a landmark victory, the High Court has ruled in favour of a group of Police officers and Defence Force members who applied for a judicial review of the government vaccine mandates imposed on them.
Because of the vaccine mandate imposed upon them, more than 100 uniformed professionals were due to be dismissed from March 1, 2022.
However, the High Court has ruled that the mandate was, in fact, unlawful.
The following was provided in a statement to The Daily Examiner:
“The Minister for Workplace Relations and Safety said that he had made the mandate to ensure continuity of services provided by the NZDF and Police, but there was evidence that he had been told by public health experts that there was no requirement for a vaccine mandate on public health grounds.
The Court agreed that the mandate imposed on members of Police and NZDF limited their rights, and that the government had not demonstrated that this limitation was justified in a free democratic society.”
Keeping people safe is what drives the members of Police and NZDF that challenged this mandate. However, the way that the mandate was imposed by the government is unjustified. It applied to everyone, including people who were working from home, and those who had genuine personal reasons to decline the vaccine.
The vaccine mandate is wrong. It does not allow consideration of exceptional individual circumstances. The Vaccine Order does not allow other ways to keep people safe, for example, regular testing or working from home.
This case is not about being “anti-vaccine”. The police officers and NZDF members who challenged this mandate care about the health of all New Zealanders. By making the vaccine mandate in the way that they have, this government has turned what should be a health issue into an issue of fundamental human rights.
Matt King, former National Party MP and Police Officer spoke to The Daily Examiner:
“This is a massive day for us and a massive day for New Zealand. This has set a precedent for all other workforces and strengthens the cases against vaccine mandates across all sectors. Now that this mandate has been ruled unlawful, the effects of it will be reversed, and those NZDF and Police personnel who lost their jobs will now be able to return to work.”
The Daily Examiner also spoke to one of the applicants, Detective Senior Sergeant Ryan Yardley. He said that he was ecstatic, not just for himself, but for the 100+ police staff who were affected by the mandate, as well as equal numbers in the NZDF. Mr. Yardley said that although at times it seemed the success of the case would be ‘touch and go’, the applicants had a strong, clear legal case, and this result has shown that the judiciary system is independent as it is meant to be. He said that from day one of police college, new recruits are taught about personal rights, and this was what this case was all about. He himself lost his job as a result of the mandates, but expects to return to work soon.
The Ministers of Defence and Police have been approached for comment.
