12 Nov 2021
FOUR MIDWIVES, NZDSOS and NZTSOS v MINISTER FOR COVID-19 RESPONSE [2021] NZHC 3064
- Citation
- [2021] NZHC 3064
- Court
- High Court
Section 11(1)(a) of the COVID-19 Public Health Response Act 2020, read by its text and in light of purpose and context, encompasses orders requiring persons to refrain from association unless vaccinated and to undergo vaccination; the s 11 NZBORA right to refuse medical treatment is engaged but the Act contemplates limits on NZBORA rights where justified under s 5 and subject to s 9 safeguards; neither s 6 nor the common law principle of legality requires reading down the empowering provision where limits are reasonable and demonstrably justified under s 5; accordingly the Vaccinations Order…