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‘Not demonstrably justified’: High Court upholds challenge to Police and NZDF vaccination mandates, terminations suspended

    NZ HeraldBy: Ethan Griffiths and Caitlan Johnston – 25 Feb, 2022 12:00 PM

    The High Court has determined a government-ordered vaccination mandate for Police and NZDF employees is unlawful. Photo / NZME

    A High Court challenge questioning the legality of Covid-19 vaccination mandates for Police and Defence Force employees has been upheld, with the court determining that the government mandate is an unjustified incursion on the Bill of Rights.

    In a decision released today, Justice Francis Cooke determined that ordering frontline police officers and Defence staff to be vaccinated or face losing their job was not a “reasonably justified” breach of the Bill of Rights.

    The lawyer for the police and Defence staff at the centre of the claim is now calling for the suspended workers to return to their jobs immediately, saying many have given decades of service to their community and are still committed to their jobs.

    The challenge, put forward by a group of Defence force and police employees, questioned the legality of making an order under the Covid-19 Public Health Response Act to require vaccination for frontline employees.

    The challenge was supported by a group of 37 employees affected by the mandate, who submitted written affidavits to the court.

    Minister of Workplace Relations and Safety Michael Wood, Deputy Police Commissioner Tania Kura and NZDF Chief People Officer Brigadier Matthew Weston filed affidavits defending the mandate.

    As it stands, 164 of the overall police workforce of nearly 15,700 were affected by the mandate after choosing not to be vaccinated. For NZDF, the mandate affected 115 of its 15,500 staff.

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