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Ep 35 N8 7th Apr 23 - Good Friday Group v Individual Rights
A super educational and interesting watch where Liz explains the applications of Individual Rights in law. Is there such a thing as group rights in law?
The alleged existence of group rights is propagandised to make it appear to the uninformed that the greater good as in the group has priority over the individual and if you standup for your individual rights you are selfish - no you are not!
Erika and Liz also discuss Hitler and other socialist leaders and their use of propaganda
A very interesting discussion and a must watch
Hotkeys for viewing Rumble on a PC:
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Timeline:
00:42 Emz & Liz: Welcome & intro 1688 Bill of Rights Act & Schedule 1of Imperial Laws Application Act 1988 - Bill of Rights Act 1990 is the modern version which includes political rights - No group rights in NZ BoRA - Power balance between the individual and State/agents - Only place there is group right is in the voting booth - Reasoning on need to do away with political parties.
04:10 Liz: There are strong individual rights because they are to counter the very dangerous power of the group over the individual - Each section of Bill of Rights Act starts off with every person etc, therefore no group rights - Health Act 1956 rights may be ‘asserted’ by the group - Crown is the group and bound by the statutes - Cases & judicial reviews in the three years were asserted as group rights.
07:12 Liz: Yardley case and relevance to today’s zoom - WorkSafe threatening to fine businesses - Balancing of rights under Section 5 of the Bill of Rights Act as seen in Yardley and South Taranaki District Council cases - Workers denied work and the right to engage in work - Section 191 Designated agency’s
10:32 Liz: New Health New Zealand Incorporated v South Taranaki District Council NXSC (59) Fluoride case - Crown shonky dealings - Simpson v Attorney General [Baigent's case] [1994] - Only in NZ BoRA, Section 5 balancing of the rights of two Parties - The parties must always be individuals
14:04 Liz: 2009 Hipkins received a payout and apology from Parliament for protesting in 1997, that was a group right - Hipkins group was suing the state - BoRA include the right to protest, freedom of movement and they are individual rights
16:34 Liz: Back to South Taranaki District Council fluoride case & allowing medication (fluoride)into the water supply - In employment cases the Director of the company answers your claim - There is a group right to be protected from criminals, but the criminals are tried individually
19:46 Liz: Prisoners in New Zealand prison are forced to consume fluoridated water - Prisoners weren’t required to take the vaccine - Possibility for fluoride new case - Anybody who wasn't in the workplace wasn't required to take the vaccine however the other coercive tool was to shut people out of society
22:55 Open Chat - Erika: 1920’s example of common interest over individual interest - National Socialist German Workers' Party - Nuremberg code
29:21 Liz: Individual rights are not selfish
33:52 Liz: N8 Workers Union, a union of the individuals with no political interference - Chat about electorates and Parliament - Propaganda
45:47 Liz: Voice Media - Open chat
50:25 Liz: Cases update
53:46 Liz: Will businesses start to sue WorkSafe - Disrupting the systems of hierarchy - Businesses that suffered as a consequence of the mandates - example of business owner stresses - Steve Oliver case? - Erika’s submitted OIAs
57:49 Erika: OIA - How much has the Department of Justice spent prosecuting 253 arrests in Wellington a year ago
1:12:17 Open chat - Watch “Silenced” a documentary by Peter Williams
Content links:
Imperial Laws Application Act 1988, Schedule 1, Imperial enactments in force in New Zealand, Constitutional enactments
https://www.legislation.govt.nz/act/public/1988/0112/latest/DLM135091.html
Bill of Rights Act 1688
https://www.legislation.govt.nz/act/imperial/1688/0002/latest/whole.html#DLM11115
Yardley v Minister for Workplace Relations and Safety [2022] NZHC 291
https://www.courtsofnz.govt.nz/assets/Uploads/2022-NZHC-291.pdf
Health Act 1956
https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html
CASE BRIEF: YARDLEY V MINISTER FOR WORKPLACE RELATIONS AND SAFETY [2022] NZHC 291
https://www.franksogilvie.co.nz/news/case-brief-yardley-v-minister-for-workplace-relations-and-safety-2022-nzhc-291
https://mcelroys.co.nz/yardley-v-minister-for-workplace-relations-and-safety/
§191 Health and Safety at Work Act 2015 - Designated agencies
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977182.html#DLM5977182
New Health New Zealand Incorporated v South Taranaki District Council NXSC(59) – Fluoride case
High Court Ruling 2014
https://fluoridefree.org.nz/wp-content/uploads/2023/03/Fluoridation-High-Court-Ruling.pdf
Appeal Court Ruling 2016
https://fluoridefree.org.nz/wp-content/uploads/2023/03/Legal-Court-of-Appeal-Ruling-Sep-2016.pdf
https://fluoridefree.org.nz/fluoridation-is-compulsory-medical-treatment-nz-supreme-court-rules-june-2018/
https://fluoridefree.org.nz/can-people-sue-councils-or-dhbs-for-fluoridating-the-water/
https://www.stuff.co.nz/taranaki-daily-news/news/105048182/taranaki-council-wins-legal-fight-to-put-fluoride-in-water Wrongly decided case
https://www.tompkinswake.com/insights/knowledge/supreme-court-upholds-councils-power-to-fluoridate-water/
https://www.odt.co.nz/star-news/star-lifestyle/waverley-water-fluoridated-first-time-new-water-treatment-plant-opens 2020
Simpson v Attorney General [Baigent's case] [1994] 3 NZLR 667 is a leading case in New Zealand regarding the New Zealand Bill of Rights Act
http://www8.austlii.edu.au/nz/journals/AukULRev/1995/11.pdf
https://en.wikipedia.org/wiki/Simpson_v_Attorney-General
The Bill of Rights Act, Baigent’s case and its implications
http://www.nzlii.org/nz/other/nzlc/report/R37/R37-3.html
Crown Liability and Judicial Immunity - A response to Baigent’s case and Harvey v Derrick
http://www8.austlii.edu.au/nz/other/nzlc/report/R37/
Baigent Damages for Breaches of Natural Justice
https://cdn.auckland.ac.nz/assets/law/Documents/2022/Research/PastVolumes/Baigent%20Damages%20for%20Breaches%20of%20Natural%20Justice.pdf
https://web.archive.org/web/20150224215142/http://nzhumanrightsblog.com/newzealand/case-note-on-simpson-v-attorney-general-baigents-case/
Section 5 New Zealand Bill of Rights Act 1990 - Justified limitations
Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225501
Hipkins compensation - Parliament to say sorry to protestors
https://www.stuff.co.nz/dominion-post/news/local-papers/hutt-news/2595536/Parliament-to-say-sorry-to-protestors
https://thespinoff.co.nz/live-updates/20-04-2023/national-criticises-political-pressure-on-police-response-to-parliament-protest
Billy is upset Chris Hipkins got an apology and compensation when….
https://twitter.com/BrutalNz/status/1645055435794419719
Prisoners' rights in New Zealand – Prisoners not mandated to be vaccinated
https://en.wikipedia.org/wiki/Prisoners%27_rights_in_New_Zealand
https://www.health.govt.nz/our-work/preventative-health-wellness/fluoride-and-oral-health
Visitors to prisons required to be fully vaccinated against COVID-19
https://www.corrections.govt.nz/news/2021/Visitors_to_prisons_required_to_be_vaccinated_against_covid-19
NEW ZEALAND COVID-19 27 Jan 2022 Dozens of Corrections staff lose jobs over Covid-19 vaccine mandate
https://www.rnz.co.nz/news/national/460302/dozens-of-corrections-staff-lose-jobs-over-covid-19-vaccine-mandate
One in five prisoners not vaccinated against Covid-19
https://www.rnz.co.nz/news/national/466709/one-in-five-prisoners-not-vaccinated-against-covid-19
Regulatory Impact Analysis: Removing prison workers from the COVID-19 Public Health Response (Vaccinations) Order 2021
https://www.treasury.govt.nz/sites/default/files/2022-08/ria-corr-rpw-jun22.pdf
Nazi Party summary
National Socialist German Workers’ Party when Adolf Hitler became leader (1920–21). The nickname Nazi was taken from the first word of its full name, Nationalsozialistische Deutsche Arbeiter-Partei
https://www.britannica.com/summary/Nazi-Party
Nuremberg Code
https://en.wikipedia.org/wiki/Nuremberg_Code
OIA’s from Erika
https://fyi.org.nz/request/19193-details-of-appeal-for-yardley-case
https://fyi.org.nz/user/erika_whittome
Watch “Silenced” a documentary by Peter Williams
https://www.silenced.co.nz/?fbclid=IwAR0dXHkXlWpOTvUbaOvYoE6LJIfBGAorZDtvvM3z3MjgyJCkRJK58VAgxxM
Chat and other:
https://www.rnz.co.nz/news/national/480075/cafe-owner-jailed-over-selling-food-while-not-registered
The Public’s Right to Know: Review of the Official Information Legislation
https://www.lawcom.govt.nz/sites/default/files/projectAvailableFormats/NZLC%20R125.pdf
Reasons for COVID-19 vaccine refusal among people incarcerated in Canadian federal prisons
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8906611/
Museum of Australian Democracy
https://www.foundingdocs.gov.au/
https://en.wikipedia.org/wiki/New_Zealand_Bill_of_Rights_Act_1990
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