Via The Epoch Times
Justice Francis Cooke was asked by a group of Police and Defence Force personnel to judicially review the vaccine mandate enacted under the COVID-19 Public Health Response Act in December.
The mandate required all Defence Force personnel and all Police constables, recruits, and authorized officers to receive two doses of the vaccine by March 1.
But on Jan. 6, three unvaccinated staff who did not wish to receive the shots sought a judicial review of the mandate. They were supported by affidavits from 37 of their colleagues in the same position.
The group claims that two rights of the New Zealand Bill of Rights Act 1990 had been limited by the mandate: the right to refuse a medical treatment and the right to manifest religious beliefs.
Part of the group’s religious objections to the mandate were concerns over the fact that “the Pfizer vaccine had at some point been tested on cells that had been derived from a human foetus.”
According to UCLA Health, COVID-19 vaccines do not contain aborted fetal cells but Johnson & Johnson did use fetal cell lines when developing and producing their vaccine, and Pfizer and Moderna used them to test their vaccines to ensure they work.
The group claimed that “requiring vaccination by such a vaccine was in conflict with the religious beliefs of some of the affected persons.”
Cooke, in a judgment (pdf) released on Friday in New Zealand, did not accept some of the applicants’ arguments but agreed that the mandate “is not a reasonable limit on rights that can be demonstrably justified” and set the order aside.
“I conclude that the Order does not involve a reasonable limit on the applicants’ rights that can be demonstrably justified in a free and democratic society and that it is unlawful,” Cooke said.
“The order limits the right to be free to refuse medical treatment recognised by the New Zealand Bill of Rights Act (including because of its limitation on people’s right to remain employed), and it limits the right to manifest religious beliefs for those who decline to be vaccinated because the vaccine has been tested on cells derived from a human foetus which is contrary to their religious beliefs,” Cooke said.
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