New Zealand court defends religious liberty in vaccine mandate case

The High Court in New Zealand has quashed an order that required all police and army officers to get the Covid vaccines, citing the order violated religious liberties and health laws in the island nation of the south-eastern Pacific Ocean.

New Zealand Defence forces/ Photo by Creative Common


The case ruling on Friday 25 February 2022 (Faith Reporters obtained a copy), declared that the "order was unlawful" in requiring individuals to receive the vaccines that were tested on the cells of human foetus contrary to Christian beliefs.

“An obligation to receive a vaccine which a person objects to because it has been tested on cells derived from a human foetus, potentially an aborted foetus, does involve a limitation on the manifestation of a religious belief in ‘observance, practice, or teaching’ of religion contemplated by [the New Zealand Bill of Rights]” the court said on Friday.

Justice Cooke also dismissed the defendants’ argument that the police and army officers who sued should not claim religious reasons against a vaccine that religious leaders accepted.

“The fact that others observing the same religion do not agree with the stance does not mean that the stance does not involve the observance of a religious belief” Justice Cooke explained.

The court concluded that if the order requiring vaccination of all police and army personnel is implemented, it would violate religious practice in this common law country.

“The right to manifest religion is limited for those who object to vaccination with a vaccine that has been tested using cells derived from a human foetus on religious grounds” the judge concluded.

The court further interpreted the contended order as intended to keep the services rendered by the army and police institutions running rather than preventing the spread of Covid.

The court, therefore, argued that there was no evidence that the two institutions would fail to deliver their services if their workers were not vaccinated.

“Neither is there any hard evidence that this number of personnel materially affects the continuity of [the army] and Police services,” the court explained.

The judge also questioned the order for vaccinating all police and army officers while medical experts were clear that both the vaccinated and unvaccinated can be affected and spread Covid.

“[The] threat [of the spread of Omicron variant] exists for both vaccinated and unvaccinated staff. I am not satisfied that the Order makes a material difference” Justice Cooke said.

The case started in January 2022 with three police and army officers in the country who refused to get vaccinated suing the Minister for Workplace Relations and Safety, Commissioner of Police and Chief of Defence Force.

The case has been decided when only 115 police and army officers in the country remain unvaccinated of the 15000 in total.

Click here for the New Zealand High Court ruling

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