The Supreme Court has overturned a Court of Appeal ruling that found the New Zealand Defence Force’s internal COVID vaccine mandate breached the Bill of Rights.
The ruling reinstated the military’s authority to discharge unvaccinated personnel and ordered four former servicemen to pay $30,000 in legal costs.
The case centred on the NZDF’s 2022 Temporary Defence Force Order (TDFO), which declared unvaccinated members “ineffectual” and made them subject to discharge without the usual procedural protections.
The applicants, all former full-time personnel, argued the mandate unjustifiably infringed their rights to refuse medical treatment and manifest belief under the Bill of Rights Act.
However, in a unanimous decision released Friday, the Supreme Court found the TDFO did not materially increase restrictions beyond earlier policies and that any added burdens were justified in light of operational needs.
The Court said decisions about readiness and discipline were within the Chief of Defence Force’s statutory mandate and expertise and that a “margin of appreciation” should be given in such cases.
Of note is the $30,000 cost order imposed on the applicants – unusual in Bill of Rights litigation, where courts often avoid deterring future challenges. Its inclusion will likely be read by critics as a warning to future dissenters.
The Human Rights Commission had intervened in the case, urging a close look at the mandate’s justification.
The Court acknowledged the seriousness of the rights involved but found the NZDF’s actions demonstrably justified in a free and democratic society.
Centrist Ltd.