The appeal does not aim to reverse the decision, but focuses on "points of law" in the judgment
The New Zealand government has launched an appeal against the High Court’s finding in February that vaccine mandates for police and defence force personnel unjustifiably limited fundamental rights.
The Court of Appeal confirmed that the government filed its challenge on 25 March. A Crown Law spokesperson told the NZ Herald the appeal does not seek to reverse the High Court’s finding, but rather seeks to contest “points of law” in the decision.
“The appeal is in no way an attempt to reverse the removal of mandates…and there is no intention to reinstate those mandates on those workforces,” the spokesperson said in the statement.
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High Court Justice Francis Cooke had previously concluded that the COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021, which required all NZDF personnel, police constables, recruits and authorised workers to be fully vaccinated against COVID-19, limited the following fundamental rights:
- the right to refuse medical treatment
- the right to manifest religious beliefs
While Cooke accepted that the transmissibility of COVID-19 presented a threat to police and NZDF services, he found that the adverse effect on employees facing termination over their vaccination status was not a “reasonable limit” on fundamental rights.
The appeal has attracted criticism from those within the NZDF. Detective Senior Sergeant Ryan Yardley said the government had admitted that even a successful appeal would have no practical effect on the revoked mandate.
“The personal toll this entire process has taken on the affected officers and their families is beyond measure, and to have this process prolonged when there is no clear reason to do so, simply amplifies the serious harm that has already been caused,” he said in a statement published by the Herald.
Employee Cherry Johnson added that the NZDF had not made any attempt to repair the damage caused by the mandate’s introduction.
“The Crown Law appeal shows no compassion to the people affected by the termination process, rather it feels like it supports ongoing discrimination and segregation,” Johnson said in a statement published by the Herald.
The case is expected to be heard by the appeals court in the next three to six months, according to applicants’ counsel Matthew Hague.