Teacher Mandate Case
Re: the Legality of of the government to violate an individual’s Right to Bodily autonomy by mandating of an experimental injection meant to prevent covid
Facts of the Case
- Dates: March , 2022
- Location: Wellington, New Zealand
- Court: High Court
- Case #:
- Plaintiff: NZTSOS & NZDSOS
- Plaintiff’s Lawyer:
- Defendant:
- Trial Type: High Court
- Judge:
- Status: Ongoing
- Verdict: TBD
*updated March 10, 2022
Background
A legal challenge questioning the lawfulness of the Government’s Covid-19 vaccination mandate for educators and health workers has begun at the High Court in Wellington. [1]
The judicial review, brought to the court by New Zealand Teachers Speaking Out with Science (NZTSOS) and an affiliated group of doctors (NZDSOS), is seeking that High Court Justice Francis Cooke strike down the vaccination order, claiming the mandate breaches the Bill of Rights Act. [1]
The group claims the vaccination mandate is not a “demonstrably justified” breach of the Bill of Rights, namely the right to decline medical treatment. [1]
The High Court challenge also questions the usefulness of vaccination mandates in an Omicron environment, pointing to medical professionals showing that the variant’s extreme transmissibility renders mandates unnecessary. [1]
The challenge to the vaccination order is the second brought to the High Court by the two groups – the first having been dismissed by High Court Justice Matthew Palmer in November. (see NZDSOS Inc and NZTSOS v Minister for Covid-19 Response, case # [2021] NZHC 3071 ) [1]
Supporting the new challenge is a portfolio of 81 affidavits filed by teachers and health workers across the country – a number of whom have lost their jobs after refusing to be vaccinated. [1]
This week’s challenge is similar to that made by a group of Police and Defence Force employees, also in front of Justice Cooke. That group was last week successful in their claim that the mandate affecting that sector was an unjustified incursion on the Bill of Rights. (see Police Mandate Case: High Court). [1]
Both Police and the NZDF have since suspended all terminations of unvaccinated staff as a result of the decision. [1]
Acting for the applicants, lawyer Warren Pyke read the court a number of affidavits from affected education and health staff, including GPs, occupational therapists, and early childhood teachers, detailing the effect of the mandates. [1]
- They detailed the effect that the mandate had on patients – particularly those who lost their GP in the wake of terminations. [1]
“People will lose their family doctor, people will lose their GP. Continuity of care is likely to be compromised,” an affected employee submitted to the court. [1]
- Another affidavit detailed claims of multiple reactions to the first vaccine dose, leading to the person making a decision to not receive a second dose. [1]
- Pyke also told the court that the concept of vaccination mandates was summed up best by Prime Minister Jacinda Ardern herself, when she accepted in an interview with the Herald that the mandates created two classes of people. [1]
“That is, with respect to the Honourable Prime Minister, an accurate observation. That is what it is.” [1]
In the aftermath of the Police High Court Case
March 9, 2022, the Public Service Commission told public agencies to stop the termination of unvaccinated staff given the recent High Court ruling that vaccine mandates for the police and defence force were unlawful. Despite these directions, The Ministry of Social Development has begun to sack up to 220 unvaccinated staff. [2]
Ministry for Social Development (MSD) worker Lynda, who did not want her last name used, says she received her termination letter today. Lynda has mucormycosis and multiple allergies including allergies towards certain drugs. [2]
She said the reason her contract with MSD was terminated was that she was a “danger to people” because she was unvaccinated. [2]
Significance
This case challenges the Right of Government to violate the Right of the individual to their own bodily autonomy.
Plaintiff’s Argument
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Defendant’s Argument
…More information is needed…
Relevant Prior Judgements/ Cases
see the Police Vaccine Case: High Court
Decision
…More information is needed…
Aftermath
…More information is needed…
Further Research
Court Documents:
- Read the Court Ruling
- Court of NZ: C19 Cases & Judgments
In the news:
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Media
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References
- Education and health sector staff launch fresh High Court challenge to vaccination mandates
- Covid 19 Omicron outbreak: Ministry of Social Development begins to sack unvaccinated staff
Keyword
New Zealand, Wellington, NZDSOS, NZTSOS, Vaccine, mandate, teachers, doctors, Cooke, High Court, Supreme Court