A group of educators who believe the Covid-19 vaccine mandates breached the Bill of Rights have claimed a High Court judge “got it wrong”.

New Zealand Teachers Speak Out on Science (NZTSOS) are today appealing the decision of Justice Francis Cooke, who determined last year that the mandates for educators to be vaccinated were “demonstrably justified”.

The group’s legal challenge questioning the lawfulness of the Government’s vaccination mandates for educators and health workers failed in the High Court last year.

It had sought to have the vaccine order thrown out, citing human rights such as the right to decline medical treatment.

Justice Cooke ruled in April last year that the mandates were a justified restriction on that right, saying it was not an absolute right and was subject to reasonable restrictions.

His earlier ruling stated that, at the time of the mandates, it was important for students to be able to learn in a school environment, and that environment created a potential transmission risk.

The group has now taken its fight to the Court of Appeal in Wellington, with chairperson Rachael Mortimer telling the Herald: “We know Justice Cooke got this wrong.”

Outside court, she said: “The Bill of Rights states we should have freedom over our own bodies.

 “If we allow this precedent to continue that’s been set, it’s a really dark future for our children and grandchildren.

“We know that Justice Cooke got this wrong and we want to make sure people and all New Zealanders have the rights over their own bodies ... that’s what it comes down to, to give everybody the right to choose.”

The hearing took place at the Court of Appeal in Wellington today. Photo / NZME

Lawyer Matthew Hague, on behalf of NZTSOS, said in court the limitations on teachers who chose to reject the mandate and as a result lost their jobs had a “devastating impact” on individuals who believed they were exercising their legal rights.

“These are New Zealanders who dedicated their lives to educating future generations,” he said.

“Nearly all unvaccinated teachers lost their jobs, the majority remain out of that profession.”

Hague submitted the mandate was “unjustified” and “not proportionate” to the objective the Government was looking to achieve, and argued there were alternatives that were less limiting on the rights of educators.

David Jones, KC, on behalf of the minister for Covid-19 response and others, said Justice Cooke was entitled to reach the decision he did.

“There was clearly, we say, there was a sufficient and compelling justification.”

Jones said the mandates were effective in increasing vaccination levels, which meant it was successful in limiting the spread of the Delta and Omicron variants of Covid, improving public protection.

In response to the argument put forward by Hague, that there could have been less restrictive measures, Jones argued the “more protection is put in place, the more protected vulnerable communities are”.

Although the idea of creating bespoke systems that worked in different communities was considered at the time, resources and time constraints meant it wasn’t an approach the Government could take, he said.

The mandates on the education sector came into force in October 2021 and were dropped at the beginning of April last year.

The decision of Justice Murray Gilbert, Justice David Collins and Justice David Goddard was reserved.