Wellington High Court: Legality of Covid Vaccine rollout in New Zealand

Vaccine Law InsiderVaccine Law Insider

Kriti Agrawal

A group arguing against the legality of New Zealand’s vaccine launch appeared in the High Court in Wellington, today.

Much of the claimant Nga Kaitiaki Tuku Ihu Inc’s case focuses on whether the vaccine being carried out to the majority of the country falls under the provisional consent law in the Medicines Act under which it has been given.

The vaccine, Pfizer-BioNTech Covid 19, has been formally tested on over 40,000 individuals, with half receiving the vaccine and the other half receiving a placebo consisting of slightly salted water. Tens of millions of people have now received it since it became widely used.

Pike argued that having the vaccine carried out under provisional consent was unnecessary because it was self-evident that there is no need for the launch right now due to our government’s progress with the lockdown.

Judge Rebecca Ellis, on the other hand, stated that there was always the possibility of more virulent strains crossing the border.

Crown attorney Kate Wevers said that director-general of health Dr Ashley Bloomfield was worried about myths about the vaccine spreading and that the country was facing serious danger.

Furthermore, Wevers stated that the Crown was concerned that even a short-term interim order could chill vaccine uptake.

Sue Grey, a Nelson-based lawyer who represents the claimant, advised the hearing that people would be reluctant to agree if they were not aware of the risks.

The MedSafe website, according to Crown lawyer Jessica Gorman, shows the dangers associated with the vaccine and has pages on topics like what people should know before getting the vaccine.

Gorman argued that since the number of people over the age of 16 in New Zealand was restricted, the act should be followed.

According to documents filed in Court by Nga Kaitiaki Tuku Ihu Inc, the Medicines Act was violated, and the vaccine rollout is illegal.

It also claims that there is a lack of consistent studies on the effectiveness or dangers of the Pfizer vaccine for use on the elderly, immunocompromised, pregnant women, or people who use medications.

The lawsuit was filed against the Minister of Health and the Director-General of Health, as well as Prime Minister Jacinda Ardern, among others.

The Judge has put her decision on hold.

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