Not all mainstream media follows the same dialogue, Winny P. So here’s something you will unlikely see on stuff.co.nz!
In a bombshell legal decision, the Court of Appeal has sided with members of the Defence Force, deeming the mandate for Covid-19 vaccination at workplaces unlawful.
The court found that while the Defence Force had the right to add Covid-19 vaccinations to its schedule, the consequences imposed by the mandate were disproportionate.
On Tuesday afternoon Winston Peters, Leader of the New Zealand First political party, called out mainstream media for not reporting on the Court of Appeal’s ruling that it upheld an appeal by members of the New Zealand Defence Force by deciding that the Defence Force’s workplace Covid-19 vaccination mandate was unlawful.
We did find the article Winny is referring to here when he said “just one online media outlet has reported this ruling. This solitary report was also behind a paywall – so not accessible to the vast majority of the public.”
In a nutshell, the judge said while it was clear the Government wasn’t forcing Police and NZDF employees to get vaccinated against their will and they still had the right to refuse vaccination, the mandate presented an element of pressure.
“The associated pressure to surrender employment involves a limit on the right to retain that employment, which the above principles suggest can be thought of as an important right or interest recognised not only in domestic law, but in the international instruments,” Justice Cooke stated.
The court accepted vaccination had a significant beneficial effect in limiting serious illness, hospitalisation, and death, including with the Omicron variant, however, it was less effective in reducing infection and transmission of Omicron than had been the case with other variants of Covid-19.
On Friday, the Court of Appeal ruled that in relation to the NZDF’s own vaccination mandate requiring those in uniform to get vaccinated or lose their jobs, the Defence Force had limited the right to refuse medical treatment and to manifest religious belief.
The Court of Appeal decided that the Chief of the Defence Force was not justified in limiting those rights by imposing a vaccine mandate in the way that he did.
In their decision, a bench of three Court of Appeal judges stated, “It should have been very clear to the NZDF, following the Yardley decision, that any materially less-flexible response to a failure to be vaccinated would require clear justification.”
The judgment states that the evidence provided by the Defence Force, “fell well short of providing justifications for the relevant measures that are sufficient to meet the s 5 NZBORA (New Zealand Bill of Rights) burden.”
The Court highlighted that the Defence Force failed to prove that such strict measures were necessary for maintaining the efficacy of the Armed Forces.
Consequently, the Court directed the Chief of Defence Force to reassess the mandate in accordance with the judgment and refrain from taking further action until the reconsideration is completed.
Last year, the Court heard that 55 members, from a workforce of about 15,000 including civilians, had refused the Covid jab at the time the case was filed in 2022. Of those, 17 members were retained and 22 were discharged.
The ruling comes at a time when the Defence Force is experiencing high levels of attrition and struggling to maintain its operational outputs due to record low numbers of service personnel.
Lawyer Matthew Hague who represented the appellants in the Court of Appeal said, “It is a fantastic result for the protection of fundamental rights in New Zealand.”
“Members of our Armed Forces sacrifice much in the service of our country, which means upholding their fundamental rights all the more important.
“I call on the Chief of Defence to reinstate everyone who lost their jobs because of the unlawful mandate.”
ACT Justice and Health spokesperson Todd Stephenson said, “The Court of Appeal’s ruling against the Defence Force’s vaccination mandate demonstrates the need to open up the independent Covid inquiry,” says ACT Justice and Health spokesman Todd Stephenson.
Picture supplied/file
