Four Midwives v Minister for COVID-19 Response - [2022] 2 NZLR 65

Constitutional law — New Zealand Bill of Rights — Right to object to medical treatment — Interpretation consistent — Reference to the relevant right and whether the limit is reasonable and demonstrably justified in a democratic society — COVID-19 vaccination orders — Right to refuse medical treatment engaged and limited — Not inconsistent with right if limit reasonable and demonstrably justified in a democratic society — Advice of Attorney-General not conclusive — New Zealand Bill of Rights Act 1990 ss 5, 6 and 11.

Constitutional law — Principle of legality — Overlap with s 6 of the New Zealand Bill of Rights Act 1990 — Principle part of New Zealand common law — If limit justified in a free and democratic society under s 5 of New Zealand Bill of Rights Act 1990 — Principle of legality does not require a different interpretation.

Interpretation — Meaning ascertained from the text in light of its purpose and context — Legality of vaccination orders — Vaccination mandate not expressly provided for — Plain words provide for orders restraining association and requiring vaccination — “Specified action” — “Specified measure” — Legislation Act 2019 s 10(1).

Judicial review — COVID-19 pandemic — Legality of vaccination orders — Vaccination orders required persons to refrain from carrying out specified activities in specified ways or in compliance with specified measures — COVID-19 Public Health Response Act 2020 s 11(1)(a)(v).