Four Aviation Security Service Employees v Minister of COVID-19 Response - [2022] 2 NZLR 26

Constitutional Law — New Zealand Bill of Rights — Validity of secondary legislation — Cannot be inconsistent with right unless legislation clearly provides for — COVID-19 Public Health Response Act 2020 — Not a question of reviewing a decision made under a statutory power — Measure was demonstrable justified — Conflict of scientific evidence — Scientific proof not required — If likely to inhibit transmission can require vaccination.

Judicial review — COVID-19 pandemic — Legality of vaccination orders — Right to refuse medical treatment engaged and limited by the vaccination order — Right not to be deprived of life, of freedom of thought, conscience and religion not engaged by the vaccination order — Provisional approval of vaccines not engaging right not to be subjected to medical treatment — New Zealand Bill of Rights Act 1990 ss 8, 10, 11, 13 and 14.

Judicial review — COVID-19 pandemic — Legality of vaccination orders — Vaccination not expressly specified in Act — Requirement to refrain from carrying out specified activities in specified ways or in compliance with specified measures — “Way” — Authorised by COVID-19 Public Health Response Act 2020, s 11(1)(a)(v).

Judicial review — New Zealand Bill of Rights — Whether vaccination mandates demonstrably justified — Conflict of scientific evidence — Scientific proof not required — Respondent’s evidence of harm of COVID-19 accepted — Applicants’ evidence not compelling — Applicants had choice — Retained ultimate personal autonomy — Not obliged to take risks.