Four Members of the Armed Forces v Chief of Defence Force - [2024] 3 NZLR 1

Defence — Armed Forces — COVID-19 vaccination regime — Illegality — Individual readiness requirements — Consequences of failure to meet individual readiness requirements relating to vaccination against COVID-19 — Maintaining operational efficacy — Whether addition of COVID-19 vaccine to Armed Forces vaccination schedule amounting to an order — Whether requirement to have vaccine inconsistent with Code of Health and Disability Services Consumers’ Rights — More severe consequences of failure to be vaccinated for COVID-19 than for other vaccines — Judicial Review Procedure Act 2016 ss 15 and 17.

Human rights — New Zealand Bill of Rights Act 1990 — Requirement to have COVID-19 vaccines — Armed Forces — Whether unjustified limit on rights — Right to refuse to undergo medical treatment — Right to manifest religion and belief — Right to freedom from discrimination — Right to work — More severe consequences of failure to be vaccinated against COVID-19 than for other vaccines — Whether reduction in flexibility and pressure to be vaccinated justified — Sufficiently important objectives — Proportionality — Insufficient evidence to demonstrate limit on rights justified — Universal Declaration of Human Rights 1948 art 23(1).

Health — Code of Health and Disability Services Consumers’ Rights — COVID-19 vaccines — Armed Forces — Requirement to have vaccines — More severe consequences of failure to be vaccinated against COVID-19 than for other vaccines — Whether requirement to have vaccine inconsistent with Code of Health and Disability Services Consumers’ Rights — Health and Disability Commissioner Act 1994.