GF v Minister of COVID-19 Response - [2022] 2 NZLR 1

Judicial review — Delegation of powers — COVID-19 pandemic — Lawfulness of vaccination orders — Consultation and decision by Minister of COVID-19 Response — Orders signed by Associate Minister — Constitution Act 1986 s 7.

Judicial review — Employment vaccination mandates — COVID-19 pandemic — Decision on medical evidence not irrational — Consideration of social, economic and other factors discretionary — Not second guess policy decision — Democratic process not required — Satisfied justified limitation on rights — Choice vaccination or employment — Objective of limitation — Sufficiently important — Rational — Proportionate — No evidence alternatives without greater consequences — Benefit outweighs discrimination — New Zealand Bill of Rights Act 1990.

Constitutional law — Delegation of power — COVID-19 pandemic — Lawfulness of vaccination orders — Consultation and decision by Minister of COVID-19 Response — Orders signed by Associate Minister — Constitution Act 1986 s 7.

Constitutional law — New Zealand Bill of Rights Act 1990 — Vaccination mandate orders — COVID-19 pandemic — Right to refuse medical treatment — Right to be free from discrimination — Whether limitation on rights justified by public health interests — New Zealand Bill of Rights Act 1990 ss 5, 11 and 19.