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1. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...Authority and the Court,7 and applications for removal in the Authority, and now the Court – but they were also plaintiffs in judicial review proceedings brought in the High Court, which challenged the validity of the COVID-19 Public Health Response (Vaccinations Order 2021). Following a two-day 4 GF v OO [2021] NZERA 251. 5 GF v New Zealand Customs Service [2021] NZERA 382. 6 GF v New Zealand Customs Service [2021] NZEmpC 162; GF v Comptroller of the New Zealand Customs Se...

2. FQ & TZ v QM [2022] NZDT 77 (8 February 2022) [pdf, 105 KB]

   ...booked in the new date. Later, in October 2021, following the introduction of vaccination requirements for larger gatherings under the New Zealand government’s Covid Protection Framework, QM contacted FQ and TZ to advise that he was not going to be vaccinated against Covid-19, recognising that this meant he would likely not be able to photograph the couple’s wedding in person. He gave the couple three options including proceeding as planned, QM finding a vaccinated photographer to pro...

3. Guidance for managing shared parenting during COVID-19 traffic light settings

   ...recommend they seek legal advice about their options. For more information about seeking legal advice, please refer to the question later in this guidance. Back to top I am vaccinated against COVID-19 and my child’s other parent is not. What impact does vaccination status have on our shared parenting arrangement? It is up to caregivers to decide if their parenting arrangements should be changed to take account of their vaccination status. In making this decision, we encourage caregivers to co...

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4. [2022] NZEmpC 117 QDY v Counties Manukau District Health Board [pdf, 230 KB]

   ...unjustifiably disadvantaged by the Counties Manukau District Health Board (the CMDHB) and that the CMDHB breached its contractual and good faith obligations to her. [2] The applicant was employed by the CMDHB as a nurse. She declined to be vaccinated for COVID-19. After the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Order) was issued, the CMDHB determined that the role held by the applicant had to be performed by a vaccinated person. The applicant’s...

5. KX and NX v GV Ltd [2022] NZDT 47 (14 January 2022) [pdf, 212 KB]

   ...the period 4 January 2022 to 13 January 2022. 2. On 17 November 2021, GV Ltd emailed its customers stating: To ensure our staff and customers stay as safe as possible we will be requiring all of our customers over the age of 12 to be double vaccinated (except where there is a valid Ministry of Health exemption) at the time of using our caravan and we will require evidence of this at check in. If you do not expect that you will be able to meet these requirements we are offering a re...

6. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

   ...unless he can show that it was current at the time he made his booking. That is especially true given at the time he booked in 2022, government requirements and restrictions around Covid and around policies such as masking, vaccination requirements, vaccine passes and permitted limits for gatherings were changing rapidly. I accept IF Ltd’s submission that at all times its communication and messages to its customers was that it would follow the regulations and requirements of the Minist...

7. [2023] NZEmpC 30 Goldie v Chief Executive of the Department of Corrections [pdf, 219 KB]

   ...resolves her challenge. Ms Goldie was dismissed for failing to be vaccinated against COVID-19 [7] Ms Goldie started working for the Department of Corrections in 2017. [8] In early October 2021, the Government announced that mandatory COVID-19 vaccinations would be extended to a number of public service sectors, including prisons. The vaccination order came into effect for the Department of Corrections prisons from 6 November 2021. [9] Ms Goldie was told that her position was...

8. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...[6] In March 2021, an Associate Charge Nurse at the DHB was visiting an aged residential care facility in Carterton and was advised that it had been brought to the attention of one of the nurse managers there that Ms Turner had been posting anti- vaccine information on Facebook. Concern was expressed that, due to Ms Turner being a well-respected Kahukura nurse that other staff looked up to, the posts had caused staff at the aged residential care facility to question whether they shoul...

9. OIA-106871.pdf [pdf, 204 KB]

   ...19 Vaccine’ 2. And how many people received an exemption or “authorised person“ status. 3. Also, how many people applied for exemptions? In response to part 1 and 3 of your request, the Ministry does not grant exemptions from mandatory vaccination, nor does it have a list of people who had applied for one. Requests for exemption from mandatory vaccination can only be assessed by a “suitably qualified medical practitioner or nurse practitioner”. I am therefore refusing this p...

10. TD v X Inc [2023] NZDT 179 (27 April 2023) [pdf, 145 KB]

    ...Page 2 of 5 7. TD submitted that X Inc passed a by-law as the result of a decision made on 16 November that was repugnant to the rules of club, in particular rule 24.1. TD submitted that the decision to require members to provide proof of Covid vaccinations before they could enter or participate was repugnant to both the rules of the club and the provisions of the law. TD submitted that it is not within the ambit of the power of the club to create rules which impinge on the civil rights...