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1. Covid-Priority.docx [docx, 6.5 MB]

   ...2.1 Introduction 7 2.2 covid-19: the agreed facts guiding this inquiry 7 2.2.1 covid-19 generally 8 2.2.2 Relevant statistics for Maaori 8 (1) Health statistics 8 (2) Housing statistics 8 (3) Poverty 9 (4) Rural populations and covid-19 9 (5) Children 9 2.2.3 Vaccine and vaccinations 9 (1) Vaccine 9 (2) Vaccination rollout process 10 (3) Paediatric vaccine 10 (4) Vaccination rates 10 2.2.4 Whaanau hauaa/Taangata whaikaha 10 2.2.5 Delta variant outbreak and Maaori 11 (1) sars-cov-2 variants 11 (...

2. [2025] NZEmpC 2 Young v Port of Tauranga Ltd [pdf, 236 KB]

   ...Port of Tauranga Ltd [2024] NZERA 26 (Member Fuiava). [4] There are three key issues: (a) whether it was reasonable for the Port to conclude that Mr Young was an affected person according to sch 2 of the COVID-19 Public Health Response (Vaccinations) Order 2021; (b) whether Mr Young held a valid exemption from vaccination; and (c) whether the Port’s process leading up to and including the dismissal of Mr Young was what a fair and reasonable employer could have done in...

3. [2022] NZEmpC 201 Young v Port of Tauranga Ltd [pdf, 216 KB]

   ...port that receives cargo ships from around the world. The plaintiff was employed there as a tug engineer. 1 HLI v VMZ [2022] NZERA 164 (Member Fuiava). 2 At [19]–[56]. [4] On 30 April 2021, the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Order) came into effect. The Order required certain people who worked at the defendant’s port to be vaccinated against COVID-19. [5] Effective from 14 July 2021, the Order was amended so that it applied t...

4. [2023] NZEmpC 101 GF v Comptroller of Customs [pdf, 513 KB]

   ...three-pronged strategy – educate, expect and support. The strategy had a national focus across Customs, and it was a strategy that was being advanced within other public sector border agencies.1 [5] GF was not what was later described as “vaccine hesitant”. GF did not wish to be vaccinated and did not consider it necessary that their work be performed by a vaccinated worker. Ultimately, GF and four other ACOMS from the same port who 1 Border Executive Board Report, Impl...

5. [2024] NZEmpC 238 Preece v Synlait Milk Ltd [pdf, 224 KB]

   ...plaintiff J C Sanders and P Goredema, counsel for the defendant Judgment: 2 December 2024 JUDGMENT OF JUDGE J C HOLDEN [1] At the end of 2021, Synlait Milk Ltd instituted a COVID-19 health check plan. This plan included a vaccination policy covering all staff onsite. [2] Nicola Preece disagreed with that policy and did not get vaccinated, so her employment was terminated by Synlait. [3] Ms Preece has three personal grievance claims: (a) She says she suf...

6. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...club) has brought a challenge to a determination of the Employment Relations Authority.1 [2] The Authority determined that on 31 December 2021, Mr Benjamin Harwood had been unjustifiably dismissed by the club for his failure to comply with its vaccination policy. It found the dismissal was procedurally unjustified in light of 1 Harwood v Whangamata Golf Club Inc [2022] NZERA 693 (Member Urlich). sch 3A of the Employment Relations Act 2000 (the Act). Schedule 3A was a h...

7. [2021] NZEmpC 205 WXN v Auckland International Airport Ltd [pdf, 455 KB]

   ...Judgment: 23 November 2021 JUDGMENT OF JUDGE B A CORKILL Background [1] WXN was a longstanding and respected employee of Auckland International Airport Ltd (AIAL). His employment was terminated after he chose not to be vaccinated against COVID-19. This judgment considers whether he should be reinstated until the claim he has brought can be heard in the Employment Relations Authority. [2] A vaccine obligation was introduced in relation to specified border p...

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

   ...caregivers to provide as much access as possible by other means – such as by phone, Zoom, Facetime, Skype and other social media channels. We encourage caregivers to be generous with phone or social media contact. Back to top I want my child to be vaccinated against COVID-19 but my child's other parent won't agree. What should I do? The Ministry of Health website has information and resources for parents deciding whether their child should get vaccinated. You may also wish to discuss any heal...

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9. 22 4 4 MEDIA STATEMENT Revised court operating protocols published today [pdf, 170 KB]

   4 April 2022 MEDIA STATEMENT Revised court operating protocols published today The Prime Minister has announced that at 11.59pm tonight, vaccine passes will no longer be mandatory under the COVID-19 Protection Framework. The court operating protocols have been revised following this announcement, and are now available on the Courts of New Zealand website. Court operating protocols are under regular review The judiciary – working with the Ministry of Justice – has taken...

10. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

    ...JUDGMENT OF JUDGE B A CORKILL Introduction [1] Five employees say they were discriminated against by their respective employers, because they were required to be vaccinated against COVID-19 under an enactment requiring mandatory vaccinations of certain workers. [2] They raised employment relationship problems in the Employment Relations Authority, which determined that they were in essence challenging the legality of the COVID-19 Public Health Response (Vaccinations)...