Court of Appeal rules that NZDF vaccine mandate is unlawful

The Supreme Court ruled in Yardley (2022) that the government's vaccination mandate for all New Zealand Defence Force and uniformed police personnel was unlawful. Despite this, the NZDF then established its own internal vaccination mandate, forcing those in uniform to be vaccinated or lose their jobs.

"This is a fantastic result for the protection of fundamental rights in New Zealand." - Matthew Hague, counsel for the appellants

The Court of Appeal held that the NZDF vaccination mandate restricted the right to refuse medical treatment and to manifest religious beliefs.

The Court of Appeal decided that the Chief of Defence Staff was not entitled to restrict these rights by imposing a vaccination mandate in the way he did.
This is the third time that members of the NZDF have successfully challenged a vaccination mandate.

While the majority of New Zealanders have moved on from mandates, and the new government has promised to remove all mandates in the public sector, the NZDF's internal vaccination mandate has remained in full force to this day. Many highly skilled and valuable service personnel have been discharged for refusing the COVID vaccine, including most recently a young pregnant doctor who was discharged earlier this month.

“Members of our armed forces make great sacrifices in the service of our country, which means upholding their fundamental rights all the more important.” - Matthew Hague, counsel for the appellants

The unlawful mandate has led to the discharge of many uniformed professionals from the NZDF, from new recruits to highly decorated senior officers across all three services. It has also had many second-order effects, limiting career opportunities for those who remain and driving many to leave voluntarily because they do not want to remain subject to it.

“NZDF members are ordinary New Zealanders who commit their service to serving their communities. We call on the Defence Secretary to apologise for the harm he has caused and to provide assurances that he will respect the fundamental rights of the soldiers, sailors and airmen who serve New Zealand.”

The dismissal of capable service members has also been counterproductive at a time when the NZDF is experiencing high levels of attrition and struggling to maintain its operational performance due to record low staffing levels.
The NZDF is the only defence force in the Five Eyes Five Eyes, the US, UK, Australia, Canada and NZ, to maintain a COVID-19 vaccine mandate for its service members.
Those affected are saddened and angry that the NZDF has created its own unlawful mandate, particularly as this came after the government mandate was ruled unlawful.