Thread by @drdeanknight

High Court declines to grant interim orders stopping vaccine roll out in New Zealand, in wide-ranging judicial review challenge to provisional approval of Pfizer vaccine and roll out.

However, Court observes that it is "reasonably arguably" that provisional approval is "problematic" because s 23 of the Medicines Act 1981 contemplates provisional approval only for "treatment of a limited number of patients" (~ all those 16+ prob not limited number).

That question will ultimately be decided, in the usual way, at the substantive hearing of application for judicial review. The judge's comments about whether there is a *reasonably arguable* case are not definitive, ie only for interim purposes after limited argument/evidence.

And the judge accepts there may also be an argument that the staged rollout (border workers; high risk etc) might meet the limited number requirement anyways -- even if that doesn't quite square with the way this approval was given.

Also, the Minister of Health has just foreshadowed an urgent legislative amendment tomorrow to better express the approval of the Covid-19 vaccine in these circumstances.

Judgment declining interim orders here:

nzlii.org/nz/cases/NZHC/…

UPDATE: Parliament yesterday passed -- expedited and unanimously -- an amendment to the Medicines Act, removing the limited number qualification to provisional consent and validating the previous grant of provisional consent for the Pfizer vaccine.
parliament.nz/en/pb/bills-an…