8 Nov 2021
FOUR AVIATION SECURITY SERVICE EMPLOYEES v MINISTER OF COVID-19 RESPONSE [2021] NZHC 3012
- Citation
- [2021] NZHC 3012
- Court
- High Court
The Vaccinations Order was within the empowering power in s11(1)(a)(v) of the COVID-19 Public Health Response Act 2020 and, although it limits s11 NZBORA, the limitation is demonstrably justified under the proportionality/Oakes framework given that vaccination of border workers is likely to contribute to preventing the risk of outbreak or spread (risk‑minimisation) and the measure is proportionate; accordingly the judicial review challenge is dismissed.