New Zealand Defence Force appeals Covid-19 vaccination mandate decision

By Newstalk ZB+

The New Zealand Defence Force (NZDF) is appealing a court decision which ruled the internal workplace Covid-19 vaccination mandate was unlawful.

In a statement to ZB Plus this afternoon, a spokesperson for the NZDF said: “An application for leave to appeal has been filed. The NZDF will not be making any further comment as the matter is currently before the court.”

In February, the Court of Appeal ruled that in relation to the NZDF’s own vaccination mandate, the Defence Force had limited the right to refuse medical treatment and to manifest religious belief.

The Court of Appeal decided the Chief of the Defence Force was not justified in limiting those rights by imposing a vaccine mandate in the way he did.

In their decision, a bench of three Court of Appeal judges stated: “It should have been very clear to the NZDF, following the Yardley decision, that any materially less-flexible response to a failure to be vaccinated would require clear justification.”

The judgment stated that the evidence provided by the NZDF “fell well short of providing justifications for the relevant measures that are sufficient to meet the s 5 NZBORA [New Zealand Bill of Rights] burden.”

Following the decision, lawyer Matthew Hague, who represented the appellants in the Court of Appeal, said: “It is a fantastic result for the protection of fundamental rights in New Zealand.

“Members of our Armed Forces sacrifice much in the service of our country, which means upholding their fundamental rights all the more important.

“I call on the Chief of Defence to reinstate everyone who lost their jobs because of the unlawful mandate.”