The New Zealand High Court upheld the challenge of mandating vaccines for police and Wehrmacht staff, stating that it was not a “clearly justified” violation of the Bill of Rights.
Judge Francis Cook was asked by a group of police and Wehrmacht officials to judicial review the vaccine obligations enacted under the COVID-19 Public Health Response Act in December.
The mission required that all defense personnel and all police police officers, recruits, and authorized police officers receive two doses of the vaccine by March 1.
However, on January 6, three unvaccinated staff who did not want to receive the shot called for a mandate judicial review. They were endorsed by affidavits from 37 colleagues in the same position.
The group claims that the two rights of the New Zealand Rights Code of 1990, the right to refuse medical care and the right to express religious beliefs, were restricted by delegation.
Part of the group’s religious opposition to Mandate was concern about the fact that “Pfizer vaccines were at some point tested on cells from human fetuses.”
according to UCLA HealthCOVID-19 vaccine does not contain discontinued fetal cells, but Johnson & Johnson used fetal cell lines during vaccine development and production, and Pfizer and Moderna tested the vaccine to confirm that it worked. did.
The group argued that “requesting vaccination with such a vaccine was inconsistent with the religious beliefs of some of the affected people.”
Cook, in judgment (pdf) Announced Friday in New Zealand, but did not accept some of the applicant’s allegations, but agreed that the mission was “clearly not a reasonable limitation of justifiable rights” and set aside the order. placed.
“I conclude that this order does not contain any reasonable restrictions on the applicant’s rights that can be explicitly justified in a free and democratic society and is illegal,” Cook said. Stated.
“This order limits the right to freely refuse treatments granted by the New Zealand Rights Code (including the limitation of the rights of those who continue to work) and the right to express the religious beliefs of those who refuse. Limit. Because the vaccine has been tested on cells from human fetuses, it needs to be vaccinated, which is contrary to their religious beliefs, “Cook said.
However, he noted that the court’s decision did not affect other vaccine obligations or the police or Wehrmacht’s internal vaccination policy.
“In essence, the order requiring police and NZDF staff to vaccinate is not to stop the spread of COVID-19, but to ensure the continuity of public services and promote public confidence in those services. In fact, the health advice provided to the government was that no further obligation was needed to limit the spread of COVID-19. The continuity of these services was substantially advanced by order. I’m not happy with what I do, “he said.
Cook also concluded that the mission affected only a small number of personnel, or about 15,700 police personnel, who had not been vaccinated. As for the New Zealand Defense Ministry’s workforce, its mission affected 115 of its 15,480 staff.
“Furthermore, there is no evidence that this number differs from the number that remained unvaccinated and employed if the problem was simply dealt with by existing internal vaccine policies applied by police and the NZDF. There is no solid evidence that the personnel of the NZDF and police services have a substantial impact on the continuity of the service, “the judge wrote.
Judges also, based on evidence, that the Omicron variant of COVID-19 is highly contagious and may temporarily affect many New Zealanders, including police and defense, but results from the mission. He said the end of work was apparently permanent.
“Vaccination has important beneficial effects in limiting serious illness, hospitalization, and death, including the Omicron variant. However, it is more of an Omicron than the other variants of COVID-19. The effect of reducing infection and infection was low, “the judge wrote.
However, Cook emphasized that his decision to revoke the order was not “for the purpose of limiting the spread of COVID-19” but for “continuation of police and defense services.”
“But the order in this case is illegal and will be revoked,” he writes.
The cost was paid to the applicant.
Helen Petousis-Harris, an associate professor of vaccines at the University of Auckland, said: New Zealand She was disappointed with the decision, and that it undermined her legal and moral obligations.
“That’s really disappointing. These are temporary obligations. They are for the benefit of our entire community. The community has always been cooperating and cooperating since we camp outside the cave. It has been dependent on, which is an integral part of a successful society, “said Petsis Harris.
“This isn’t working together. It’s not the spirit of trying to keep us all safe in the midst of a pandemic.”
Both police and NZDF spokespersons said New Zealand Herald Dismissal of unvaccinated personnel will be suspended while the government is considering a decision.
The Epoch Times is seeking comment from the New Zealand Police and the NZDF.
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Katabella Roberts is a reporter currently based in Turkey. She focuses primarily on the United States and covers the news and business of The Epoch Times.