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Hartley v Wood [2022] NZFC 1708

Published 30 May 2022

Guardianship dispute — Covid-19 vaccination — global pandemic — Care of Children Act 2004, ss 4, 5 & 6 — Medicines Act 1981, ss 20 & 23 — Gillick v West Norfolk v Wisbech Health Authority [1986] AC 112 — Hawthorne v Cox [2008] 1 NZLR 409 — Oranga Tamariki Ministry for Children v JA and DC [2021] NZFC 3068 — W v W [2021] NZFC 9602 — Gour v Moss [2021] NZFC 12883 — Stone v Reader [2016] NZFC 6130 — Pearce v Bird [2022] NZFC 1042 — Long v Steine [2022] NZFC 251 — Sudworth v Lovell [2019] NZFC 2584 — Bullock v Elliston [2019] NZFC 1025 — Lovell v Metcalf [2022] NZFC 715 — MKD v The Minister of Health, the Group Manager of MEDSAFE, the Minister for Covid-19 Response and Pfizer NZ Ltd [2022] NZHC 67. The case concerned a dispute between the guardians of a five-year old boy, with the applicant mother wanting him to be vaccinated against Covid-19 and the respondent father opposing vaccination. The applicant was concerned about rising numbers of Covid-19 infections, especially as the child had recently started school. The Court found that the child was too young to be able to make the decision for himself, and most of the relevant caselaw related to significantly older children between the ages of 12 and 17. The caselaw however did reveal a general theme of the Court's willingness to be guided by government health advice on the vaccine. The respondent argued that the Court should not follow previous caselaw, for reasons including that Covid-19 did not seriously affect children; the vaccine was not properly tested and was "experimental"; and the vaccine was less effective against the Omicron variant, which was the dominant strain of Covid-19 in New Zealand at the time of the hearing. The Court found that the weight of evidence showed that the vaccine was safe and effective (albeit less effective against Omicron, and requiring a booster shot). It was in the child's welfare and best interests to be vaccinated. The Court ordered that he be vaccinated as soon as possible. Judgment Date: 9 March 2022 * * * Note: names have been changed to comply with legal requirements. * * *