NZ high court / A Win Against Vaccine Mandates

[nztimb]

Conserve NZ​

9o215m97usoh020e6mgd5 ·

A Win Against Vaccine Mandates for Police and NZDF Staff — and a Precedent Set for Other Sectors
A game-changing case has just been won today in the New Zealand High Court.
Last year, under the Judicial Review Procedure Act 2016 and the Declaratory Judgments Act 1908, an application was made for a judicial review of the COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021.
The hearing for this Judicial Review was conducted on the 15th of February 2022 in the Wellington High Court, but conducted remotely. It happened to be right in the middle of the Convoy 2022 protest at parliament.
The Applicants:
- Ryan Yardley,
- Joshua Wallace
- Defence Force worker
The Respondents:
- the Minister for Workplace Relations and Safety
- the Commissioner of Police
- the Chief of Defence Force and the Attorney General
The outcome of the judicial review concluded that the order placed unreasonable limits on the rights of the applicants, and that these were not demonstrably justifiable in a free and democratic society. Thus the Order has been concluded to be unlawful on these grounds.
The Order was imposed to ensure the continuity of public services, and to promote public confidence in those services, rather than to stop the spread of COVID-19. These were deemed unjustifiable grounds.
It has also been concluded that COVID-19 would be transmissable and contractable by both vaccinated and unvaccinated staff, so the Vaccination Order made no material difference on COVID-19, including for the so-named "Delta" and "Omicron" variants.
The health advice given to government, that such a mandate was not needed for this purpose, was not heeded by the Legislature, meaning that the Order was not implemented for the purpose of limiting the spread of COVID-19. This was unjustifiable.
Congratulations to Frontline Law Ltd. for a successful case. It is going to contribute greatly to the contra-covid response.





Visit the COVID-19 Information Centre for vaccine resources.
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[Newboomer]

That is great news. Maybe some other countries will get their heads out in the sunshine and enact similar judgements.

 

[MarkB]

If only Canada's DICKtator would start following science, he states he is at every chance he gets, yet I still cannot get a flight anywhere or board any trains. Maybe someday I will be somewhat free again.

Good News for all New Zealanders, especially those who are not totally brainwashed.

MB

 

[Neil Molendyk]

This is great news for the citizens of New Zealand. Here in Canada, (some may call it Chinada with our Prime Ministers appeal of the Communist Party of China's governing behaviour) the biggest challenge will be presenting this reporting of the NZ court ruling and it's on factual basis to the multitudes that have drank the KoolAid that's been perpetuated by the MSM for the federal gov't after the MSM was bought out by the Feds. I don't care one way or the other whether anyone has chosen to get vaccinated or not. I do believe in the rights of freedom of choice.

 

[nztimb]

We can only hope that this flows on to the rest of the country so those sacked for refusing the jab are allowed back to work with back pay for the illegal move against them. The shee commie will undoubtably gainsay it though.

 

[BLJC30]

Nice..... Are you required to be vaccinated to travel to South Africa or any other country?

 

[Neil Molendyk]

Nice..... Are you required to be vaccinated to travel to South Africa or any other country?

To the best of my knowledge, in Canada you have to show proof of vaccination to travel on any means which the public uses, trains, buses, aircraft. I don't know about city public transit. That is unless it has changed recently.

 

[nztimb]

Nice..... Are you required to be vaccinated to travel to South Africa or any other country?

Having no wish to get on any public transport i have no answer for you but

 

[nztimb]

Overview:​

This decision is a watershed, the first domino to fall. If the mandates can not be justified for the Police and for Defence personnel then they can no longer be justified for ANY business or service.
After yesterday’s significant High Court judgment declaring the Ardern regime’s draconian vaccine mandates for Police and Defence Force personnel unlawful, there is now no legal reason to maintain the mandates.


AD

We already know that there is no scientific reason to maintain mandates.

The judge was very clear, saying, “I conclude that the Order does not involve a reasonable limit on the applicants’ rights that can be demonstrably justified in a free and democratic society and that it is unlawful. There will be an order setting the Order aside.”

He also states that he is “not satisfied that the Crown has put forward sufficient evidence to justify the measures that have been imposed, even giving it some benefit of the doubt. The apparently low numbers of personnel the Order actually addresses, the lack of any evidence that they are materially lower than would have been the case had the internal policies been allowed to operate, and the evidence suggesting that the Omicron variant in particular breaks through any vaccination barrier means that I am not satisfied that there is a real threat to the continuity of these essential services that the Order materially addresses. If there is a threat to these services it will arise precisely because vaccination and other measures are not able to prevent the risk that Omicron will sweep through workforces.”


AD
Make no mistake, this decision is a watershed, the first domino to fall. If the mandates can not be justified for the Police and for Defence personnel then they can no longer be justified for ANY business or service.

This is the beginning of the end of mandates, but the job is not done yet.

There will be ongoing implications for this unlawful mandate. Now that it has been found to be unlawful, the government finds itself in a legal quagmire, with sacked, suspended and jabbed staff who now have legal recourse to sue for any injury, physical, mental or financial harm. That is massive.

Private businesses will now be seeking legal advice too, as the implications roll through industry. There will be many staff who have suffered as a result of mandates who will now possibly have legal recourse against their employers. If the mandate was unlawful and could not be justified for Police then how on earth can they apply it to waiters, bar staff, fruit pickers or ANY other staff?

This is the beginning of the end of mandates. But until and unless this heartless regime utters the words that end them then the protesters will remain.


Hold the line. End Mandates Now.

The BFD | End Mandates Now: the First Domino Falls

After yesterday’s significant High Court judgment declaring the regime’s draconian vaccine mandates for Police and Defence Force personnel unlawful there is now no legal reason to maint…

thebfd.co.nz