GF v Minister of COVID-19 Response - [2021] NZHC 2526

Date of Judgment

24 September 2021

Decision

GF v Minister of COVID-19 Response (PDF 389 KB)

Summary

Unsuccessful application for judicial review of the COVID-19 Public Health Response (Vaccinations) Order 2021. 

The Order was delegated legislation validly made pursuant to section 9 of the Public Health Response Act 2020. The Associate Minister of Health was authorised to sign the Order by section 7 of the Constitution Act 1986. The process for creating the Order met all the prerequisites contained in the empowering act and the Order itself. The Order did not contain an unlawful right to override primary legislation. To the extent that the Order infringed the rights protected by ss 11 and 19 of the New Zealand Bill of Rights Act, the infringement was no more than was justified in a free and democratic society. In judicial review proceedings it was not appropriate for the Court to second-guess the policy decisions made by the Minister. Those decisions were logical and rational on the basis of the available evidence.