Four Aviation Security Service Employees v Minister of Covid-19 Response - [2021] NZHC 3012

Date of Judgment

08 November 2021

Media release

Decision

Four Aviation Security Service Employees v Minister of Covid-19 Response (PDF 417 KB)

Summary

Challenge to Order requiring Aviation Security Service employees to be vaccinated dismissed. Order was within empowering provision notwithstanding the provision made no reference to vaccination as it helped to minimise the risk of outbreak or spread of COVID-19. Order limited the applicants rights to refuse to undergo medical treatment, but this was demonstrably justified under the Bill of Rights as vaccination contributed to minimising the risk of outbreak or spread. The Minister had not failed to take into account relevant considerations, or made an irrational decision. The Court commented on the desirability of vaccination mandates being addressed by primary legislation.