New Zealand Government successfully sued for unlawful vaccine mandate

New Zealand Prime Minister Chris Hipkins

A group of care and support workers have successfully sued the government in the High Court for an “unlawful vaccine mandate.'“

In November 2021, Prime Minister Chris Hipkins, who at the time was the Minister for COVID Response, extended the vaccination mandate to care and support workers who were looking after family members within a home or place of residence. 

The decision prevented people who were providing care to family members from receiving financial support that was previously available to them.

This was despite there being no evidence of any change to the risk of infection or spread of COVID-19 in these circumstances – which was what the mandate sought to achieve. 

This week, the High Court was asked by both parties to rule that the Prime Minister’s decision to require care and support workers to be vaccinated when looking after family members in their homes was unlawful. 

Lawyer Matthew Hague said “we call for the Prime Minister to apologise to the hundreds of care and support workers who had vital financial support unlawfully withheld from them.” 

Lawyer Matthew Hague the case was another example of the cavalier way that this government has disregarded the fundamental right of all New Zealanders to make choices about their own health.” 

A caregiver, who asked to remain anonymous to protect the identity of her son said “It felt so wrong that I could not live in my house, caring for my son, and have the life we had, unless I was vaccinated. To have someone in an office, who had never met us and didn't know our situation, make this law, felt like a gun to my head.” 

Caregiver Jude Bignell said “our funding was cut and we were threatened with a hefty fine for providing the intensive care our son required. After years of planning and expense, this put an end to plans to build a new home to accommodate our son’s needs. Today is a win for common sense.” 

The High Court decision means that the affected care and support workers and their families can ask for the financial support that was unlawfully withheld from them to be reimbursed. 

Lawyer Aly Miller said “for many affected caregivers our next work in having the financial support withheld reimbursed, will go a small way in repairing the harm done. The Government must exercise caution in future decision-making; especially when placing limits on individual rights.” 

The High Court has repeatedly ruled that vaccine mandates limit the right to refuse medical treatment guaranteed by the New Zealand Bill of Rights Act. The government must demonstrate that this limitation on rights is justified. 

As a result of the mandate, care and support workers could not receive financial support to care for family members because of the alleged risk posed by the carer being near the person being cared for.

However, in this case, carers were near their family member anyway, whether or not financial support is provided. 

The government admitted that the Prime Minister did not have enough information available to justify requiring care and support workers to be vaccinated when looking after family members in their home.

The parties have asked the High Court to rule that the Prime Minister’s decision was unlawful. 

Lawyer Matthew Hague said “vaccines are medical treatment, the New Zealand Bill of Rights Act guarantees all New Zealander’s the right to decide what medical treatment they receive.” 

“This is yet another example of the cavalier way that this government has disregarded the fundamental right of all New Zealanders to make choices about their own health.”