Ep 45 N8 17th 23 - May Cases Against the State and Education Subcommittee Report

Tonight on Number 8

Liz updates us on her, Dora's and other awesome kiwis fantastic presentations of their objections(aka submission) to the Education and Training Amendment Bill (No 3). Liz also details some of the other presentations that she had time to listen in on. Great work Liz and Dora and all those that took the time to do this.

Our children will remember those that stood up for their rights

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Timeline:

00:17 Liz: Discusses the select committee hearing and submissions – Concern over Clause 38 of Education and Training Amendment Bill (No 3) which proposes to make it lawful that every board of trustees in the country have two appointed Rainbow Community representatives – 2024 curriculum concerns with start date of 01/05/2024 – Dora’s submission – Curriculum following the Alfred Kinsey model that did experiments on children

06:47 Liz: Liz submission – Sue them and not lawful to interfere in workplaces such as schools under section 54 Public Service Act, 2020 - Section 54 is noninterference by the Minister with workplaces, conditions, hiring and firing etc. – Rankin case relevance due to matters of public interest – Confidence of public to be kept alive – Rankin case jurisdictional matter – Boards are employers not employees – Sue the Boards and Ministers in the employment court

12:04 Liz: Submission by Meg from Section 83 in School – Other submissions – If it passes be prepared for Judicial reviews – And more.

33:41 Liz: Pt 2 – Research skills from N8’s Karen uncovers the Worksafe v NEMA case taken in district court – Liz discusses the relevance and importance of the case to N8 – Said to the judge “Covid was not a workplace hazard’ – Not an industrial disease

38:15 Liz: Liz dissects the case highlighting paragraphs 17, 21, 22, 28* and more – Listen here – Section 36 (2) Health and Safety at Work Act 2015 - Primary duty of care – Section 3 Health and Safety at Work Act 2015 – Purpose of the Act – Act creates a strict liability offence – No duty on NEMA as a PCBU – [12] The purpose of the Act is important – Have to get business to turn on the administrators – Work activity explained using Erika’s explanation – The slamming case!!! - Relevance to OSHA mandate, the bosses took this case, argued it was not an occupational health and safety issue and the separations of power argument – HSWA is evidence based and risk assessed

47:39 Liz: Discusses public health in workplaces tbc – No remedies for breach of HSWA but exemplary remedies/damages for coercion – Can’t do retrospective legislation – Elimination strategy to remove covid from the workplace was to remove the people, the people were the hazard – Six-year window Section 142 Employment Relations Act 2000 - Limitation period for actions other than personal grievances

55:38 Liz: Member question, is testing allowed in the workplace? – Policies must come in line with employment law – Employers adding medical procedures to the contract and what to do – Misfeasance in public office – People individually can take judicial reviews – Section 34 COVID-19 Public Health Response Act 2020 then refers to Section 129 Health Act 1956, but must be exercised in good faith and not recklessly – Business and misfeasance in public office against Worksafe – Geoff speaks of misfeasance in public office case – reminder of Section 191 Health and Safety at Work Act 2015 - Designated agencies

01:01:36 Liz: Importance of paragraph 17 NEMA case “But critically NEMA needs to have that duty also under the HSWA – but didn’t exist ordinarily, it could have been conferred under 191 but it wasn’t – Applies to everyone.

01:02:47 Robyn: Update on council complaints – Human rights complaint accepted against?? – Six Others added to complaint – Section 7 Fair trading Act unconscionable conduct – Employment case & Schedule 3A (4) Employment Relations Act 2000 - Provisions relating to COVID-19 vaccinations – Legislation is the gift that keeps on giving – Liz likes the court = golden ticket

01:06:08 Robyn: Cases with complaint against company and former employers in private capacity – Karen question from the chat: What happens if the boss we are going after resigns or in my case is maneuvered into resigning by an H R new person on the board? Liz: Continue as it’s suing the business.

Content links:

Sexuality education in primary schools NZ
https://ero.govt.nz/sites/default/files/media-documents/2021-05/ERO-18262-Sexuality-Education-brochure-Primary-BOT-v2.pdf

WHO International technical guidance on sexuality education
https://cdn.who.int/media/docs/default-source/reproductive-health/sexual-health/international-technical-guidance-on-sexuality-education.pdf?sfvrsn=10113efc_29&download=true

InsideOUT Kōaro – CC48531
https://insideout.org.nz/

Charitable trusts - Rainbow accreditation – RainbowYOUTH
https://diversityworksnz.org.nz/case-studies/2020-diversity-awards-nz/rainbow-inclusion-ministry-of-education/
https://supermarketnews.co.nz/news/supermarkets-support-for-rainbowyouth/

Section 54 Public Services Act 2020 - Duty to act independently in employment matters
https://www.legislation.govt.nz/act/public/2020/0040/latest/LMS197841.html

Christine Rankin case – Case dismissed and costs reserved
https://www.nzherald.co.nz/nz/crown-wins-step-in-fight-for-high-court-rankin-suit/LLDYDXZ2QOMBZPVXHBUPIPOFAA/?c_id=1&objectid=190616

Section 36 (2) Health and Safety at Work Act 2015 - Primary duty of care
(2) A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976895.html

Worksafe New Zealand v National Emergency Management Agency [2022] NZDC 8020 Published 16 May 2022
https://www.districtcourts.govt.nz/all-judgments/2022-nzdc-8020-Worksafe-new-zealand-v-national-emergency-management-agency/
https://number8.org.nz/wp-content/uploads/2023/06/2022-NZDC-8020-worksafe-v-NEMA.pdf

National Emergency Management Agency
https://www.civildefence.govt.nz/about/about-nema/

Section 3 Health and Safety at Work Act 2015 – Purpose
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976667.html?search=sw_096be8ed81d320e7_workers_25_se&p=1

Section 12(2)(c) Health and Safety at Work Act 2015 - Application of Act to prescribed high-risk plant
(c) to work health and safety (however expressed) includes a reference to public health and safety.
This is the only place in the Act using the words ‘public health’ https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976681.html

Section 29 Health and Safety at Work Act 2015 - Insurance against fines unlawful
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM6375600.html

NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. OSHA
https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/supreme-court-vaccine-or-testing-rule.aspx

https://www.cnbc.com/2022/01/25/covid-vaccine-mandate-osha-withdraws-rule-for-businesses-after-losing-supreme-court-case.html

Section 142 Employment Relations Act 2000 - Limitation period for actions other than personal grievances
No action may be commenced in the Authority or the court in relation to an employment relationship problem that is not a personal grievance more than 6 years after the date on which the cause of action arose.
https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM60902.html

Exemplary damages
https://legal-dictionary.thefreedictionary.com/exemplary+damages

Section 34 COVID-19 Public Health Response Act 2020 - Protection of persons acting under authority of this Act
(1) Section 129 of the Health Act 1956 (which relates to the protection of persons acting under authority of that Act) applies as if that Act included a reference to this Act.
(2) However, this section does not limit any other protections from liability that apply under any other enactment.
https://www.legislation.govt.nz/act/public/2020/0012/latest/LMS344210.html

Section 129 of the Health Act 1956 - Protection of persons acting under authority of Act
https://www.legislation.govt.nz/act/public/1956/0065/latest/DLM308498.html

Section 191 Health and Safety at Work Act 2015 - Designated agencies
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977182.html

Section 88 Health and Safety at Work Act 2015 - Meaning of adverse conduct
Prohibition of adverse, coercive, or misleading conduct
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977023.html

Section 7 Fair Trading Act 1986 - Unconscionable conduct
https://legislation.govt.nz/act/public/1986/0121/latest/LMS736890.html

Schedule 3A (4) Employment Relations Act 2000 - Provisions relating to COVID-19 vaccinations
3 Termination of employment agreement for failure to comply with relevant duties or determination
(4) Before giving a termination notice under subclause (3), the employer must ensure that all other reasonable alternatives that would not lead to termination of the employee’s employment agreement have been exhausted.
https://www.legislation.govt.nz/act/public/2000/0024/latest/LMS606875.html

From the chat:

Kinsey
https://www.opindia.com/2021/08/alfred-kinsey-reports-father-of-sexual-revolution-who-said-rape-benefits-children/
https://www.ewtn.com/catholicism/library/video-exposes-kinsey-research-fund-4036

Civil Defence Emergency Management Act 2002
https://www.legislation.govt.nz/act/public/2002/0033/51.0/DLM149789.html

The tort of misfeasance in public office
The tort of misfeasance in public office represents a “safety net” adjustment to that position, by allowing damages where the public defendant's unlawfulness is grossly culpable at a moral level. c. with a conscious and reckless indifference to the probability of harming the claimant.

Uploads from The Healthy American Peggy Hall
https://www.youtube.com/playlist?list=UUwC7VpIHS2uJzJ0q5I11oQA

https://www.labour.org.nz/ibrahimomer

Additional:
https://www.safeworkaustralia.gov.au/development-model-whs-laws

https://www.safeworkaustralia.gov.au/system/files/documents/1705/model-whs-act-explanatory-memorandum-1august2016.pdf

https://www.hancocklaw.com/publications/healthcare-law-alert-new-york-state-supreme-court-judge-invalidates-covid-19-vaccine-mandate/