A legal battle to overturn the Government's COVID-19 vaccine mandate has fallen flat in the High Court.
Four midwives had challenged the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Act), which requires them to be vaccinated against the virus to do their job.
They didn't say why they opposed getting the vaccine, but argued the Act does not authorise the placing of a limit on their right to refuse to undergo any medical treatment.
The challenge was heard alongside a first cause of action brought by New Zealand Doctors and Teachers (NZDSOS) and Speaking Out with Science (NZTSOS) - two groups that oppose the Government's vaccine mandates.
The groups had argued the COVID-19 Public Health Response (Vaccinations) Order is not legally valid because it undermines the right to refuse medical treatment under the Bill of Rights.
But the judge on Friday declined their application, saying the text of the Act explicitly indicates that orders may be made which limit one's rights so long as they are reasonable, prescribed by law and can be demonstrably justified in a free and democratic society.
A second cause of action of NZDSOS and NZTSOS, that the Order is invalid because it is not a reasonable and justified limit on the right under Section 5 of the Bill of Rights, has yet to be heard.
