COVID-19: Related cases

This page lists upcoming cases in the High Court involving COVID-19 matters.

Judgments involving COVID-19 matters are available on the COVID-19: Related judgments page.

Te Pou Matakana Limited (t/a Whānau Ora Commissioning Agency) and Anor v Attorney-General

CIV-2021-485-553

Status: Active

Proceeding: Judicial review

Hearing: 26 October 2021, 10:00 am, Wellington High Court, Courtroom 4

These are judicial review proceedings brought by Te Pou Matakana Limited and Whānau Tahi Limited relating to their request of the Ministry of Health for data to enable them to identify Māori not vaccinated against COVID-19 and provide targeted and appropriate vaccine delivery to those Māori.  The applicants claim that the Ministry of Health may lawfully provide the data sought, under the Health Information Privacy Code 2020, and that the Ministry has acted inconsistently, having previously provided similar data to another health service provider.

Grounded Kiwis Group Ltd v Ministry of Health

CIV-2021-485-556

Status: Active

Proceeding: Judicial review

First call: 26 October 2021, 10:00 am

K, B, L, N & Ors v Minister of COVID-19 Response & Ors

CIV-2021-485-509

Status: Active; judgment reserved

Proceeding: Judicial review

Hearing: 21–22 October 2021, 10:00 am, Wellington High Court, Courtroom 3

The first applicants are aviation safety officers who were given a notice of termination of their employment in reliance on the COVID-19 Public Health Response (Vaccinations) Order 2021.  Similarly, the second applicant, who is a commercial pilot, has been given notice by his employer that he will be unable to fly on international flights in accordance with the Order.  A third applicant is an employment advocate representing the interests of those facing dismissal from employment unless they receive the Pfizer vaccine.

The applicants contend that affected employees are forced to choose between receiving medical treatment with the Pfizer vaccine and their employment.  Conversely, employers will be in breach of the Order by allowing unvaccinated employees to attend work.

Accordingly judicial review is sought on the matters arising, including of the Minister and Associate Minister of Health’s statutory powers, inconsistency with the New Zealand Bill of Rights Act 1990, an alleged breach of the Health and Disability Commissioner Act 1994, and an alleged failure to have regard to all relevant considerations when making the Order.

Reddington & Ors v Attorney General

CIV-2021-485-515

Status: Active

Proceeding: Judicial review

Hearing: To be confirmed after 10 December 2021

Bailey v The Medical Council of New Zealand

CIV-2021-485-529

Status: Active

Proceeding: Judicial review

Hearing: To be confirmed

GF v Minister of COVID-19 Response & Ors

CIV-2021-485-474

Status: Dismissed

Proceeding: Judicial review

Hearing: 20 September 2021

Judgment: [2021] NZHC 2526, 24 September 2021

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.