By Mike Shaw
New Zealand Teachers Speaking out With Science (NZTSOS) has been allocated a 1 day hearing before the Permanent Court (Court of Appeal) by his Honour Justice Goddard. The Permanent Court is made up of three judges, usually all permanent members of the court.
NZTSOS are heading back to court to appeal the High Court’s decision that breaching their human rights to refuse medical treatment was ‘demonstrably justified in a free and democratic society.’
NZTSOS has asked the Court of Appeal to set aside the previous decision of the High Court in March this year, and rule that the vaccine mandate for teachers was unlawful.
Spokesperson group Mike Shaw says, “This appeal is vitally important to uphold the fundamental rights that all New Zealanders have, and to prevent the government imposing similar unjustified mandates in the future. We are cautiously optimistic that we will win this appeal as more and more evidence comes to light that we were right all along.”
The government lifted the vaccine requirement for teachers in April, however Mike Shaw says, “This matter involves issues of basic human rights. If we leave it, it means that the government can slap mandates on whenever they get advice from one or two of their health officials without any democratic process. It is also very important that the government is properly scrutinised by the judiciary. At the moment faith in the justice system is low. This is an opportunity to demonstrate that the government is not above the law.”
The group maintains that the vaccine mandate had a devastating effect on teachers, other professionals and the whole education community. “One pro-vaccine principal described it to me as a ‘trauma upon trauma’ and he would be right from what we have observed. Clearly anyone can see that forcing teachers to be vaccinated did not protect children or stop the virus from spreading in schools. Instead it caused massive division, anxiety and significant cases of vaccine related harm.”
NZTSOS has appealed against the High Court decision that the government vaccine mandate for teachers was not unlawful. “We will argue that the High Court was wrong to decide that the right to refuse medical treatment was not absolute.” Says Shaw.
NZTSOS will also argue that the mandate was not a demonstrably justified limitation on this right. NZTSOS has engaged Matthew Hague and his team from Frontline Law. Frontline Law represented the applicants in Yardley v Minister for Workplace Relations and Safety, which was the first successful legal challenge to a vaccine mandate in New Zealand.
“We are excited to have Frontline Law in our corner. They won their case for the Police and New Zealand Defence Force. They are passionate about the cause. So we are cautiously optimistic”
