Ep 46 N8 19th May 23 - Cases Against the State Part 2

Another super interesting N8 Zoom

Timeline
00:08 Liz & Emz: In constant state of war with the state – Recap of Wednesday 17/05/2023 zoom and Select Committee submissions

05:58 Erika: Cease & Desist to be sent to Iwi trust that’s offering $50 to participants of a “medicine” – Breaches Advertising Standards Authority – Must state name, address, and medicine – Australian FOI report Pfizer clinical report with drop in T cells – Injuries in children – Union case & Erika’s case update – Midwives case, court costs refused as the proceeding concerned a matter of public interest – Covid-19 is public interest, religion is public interest (Orewa case), what about sport?

12:40 Liz: $50 medicine event tactics – Steve Oliver – Worksafe tried to sue NEMA in District court over section 36 (2) Of the Health and Safety Work Act – Using the jurisprudence out of the Health and Safety Work Act – Must follow whole Act not cherry pick – Occupational Safety – Charge dismissed – Case relevance as public health is beyond the scope of Worksafe – Worksafe had no business with pushing employers to require/force staff to vax unlawfully – Outside the workplace was for social reasons = voluntarily

20:28 Liz: Worksafe saying there’s an obligation under HWSA, but it’s only an obligation about industrial diseases, nothing to do with public health – Public health response, not occupational health response – Health Act 1956, should be called Public Health Act – Plenty of cases against the state – Judicial review cases – Justice for everybody – Sue the Dr’s and jabbers!

25:03 Open chat: Member chats and questions Liz on Nuremberg code and lawyers – Status

31:23 Liz & Geoff: Medical malpractice and insurance claim – All civil claims have now got a 6-year window – Fry employment law case – Common law action on breach of contract - Lawyers may get sued for bad advice? – Companies to go after Worksafe – Crossclaim and sue for damages (Oliver) – Number of possible civil claims against doctors

34:48 Geoff: Personal injuries and insurance policies – Mental anguish, defamation, malicious prosecution & more – Marxism tactics being used to divide the people – Geoff’s question to lawyers “how do I file a personal injury claim in NZ” & response “can’t do it, it’s covered under ACC” – Section 26 Accident Compensation Act 2001 - personal injury definition – If not statutory barred can file suit – Write to them & find their insurer – OIA to Inland Revenue and ACC for insurance information and search for “personal injury”

40:03 Erika & Liz: Loyalty to the BAR is a duty to be a part of the administration of justice & example – Getting struck of the BAR – Authorities are backlogged – OIA request on vaccine quantities purchased, 18 million!!!

46:19 Emz & Liz: Fluoride question, could it be classed as a forced medical treatment - New Health New Zealand Incorporated v South Taranaki District Council NXSC (59) Fluoride case – Reference to Yardley case – There are no group rights in NZ BoRA – The individual can never be defeated by the group (public health) under the New Zealand Bill of Rights – Mentioned in the Turner case so is in the public record

52:11 SC & Liz: Does the medical ethics code that doctors sign have the 1947 Nuremberg code – Select committee hearing speaker discusses children with disabilities in schools and International Treaties - Health Practitioners Competence Assurance Act 2003

55:52 Carleen: Update

57:53 Liz & SC: 1688 & 1990 NZ Bill of Rights and how they apply – 1688 Bill of Rights are the basis of NZ Constitution – SC discusses 1852 Constitution of New Zealand & 1986 Geoffrey Palmer – Cabinet manual is guidance to politicians – Politics and law are two different things – Every act of parliament should not infringe on any persons rights – The Rule of law has been breached numerous time in the last years – The COVID-19 Public Health Response Act 2020 deliberately tried to exclude the Health Act 1956 – Unlawful – Was the main lawyer, the AG asleep?

Content links:

Pfizer report from FOI Australia
https://www.tga.gov.au/sites/default/files/2022-08/foi-3727-01.pdf

https://www.health.gov.au/sites/default/files/documents/2022/05/foi-2429-release-documents-covid-19-communications-with-pfizer-regarding-covid-19-vaccines-foi-2429-release-documents-covid-19---communications-with-pfizer-regarding-covid-19-vaccines.pdf

Steve Oliver & Worksafe – Interviews with Liz Gunn
https://www.facebook.com/FreeNZMedia/videos/steve-oliver-vs-Worksafe-july-22-update-interview/1108573529733152/

https://odysee.com/$/embed/220520-Steve-Oliver/1df82063f171f70f03d534af163e032edec0323c?r=Etx973X5BSPMb4rRJCh8KGiLxtCSgZH4 3 June 2022

https://www.nzherald.co.nz/nz/auckland-no-vax-gym-seeing-new-members-say-owners/6BNMT53BKNTD4V22WXGWNDFRC4/

Let costs lie as the proceeding concerned a matter of public interest - FOUR MIDWIVES v MINISTER FOR COVID-19 RESPONSE and ATTORNEY-GENERAL No 2 [2021] NZHC 3420 [13 December 2021]
https://www.courtsofnz.govt.nz/assets/Uploads/2021-NZHC-3420.pdf includes NZT SOS
Case https://www.courtsofnz.govt.nz/assets/cases/2021/2021-NZHC-3064.pdf

Clause 14.7 High Court Rules 2016 – 14.7 Refusal of, or reduction in, costs
(e) the proceeding concerned a matter of public interest, and the party opposing costs acted reasonably in the conduct of the proceeding; or
https://www.legislation.govt.nz/regulation/public/2016/0225/latest/DLM6952113.html

OREWA COMMUNITY CHURCH v MINISTER FOR COVID-19 RESPONSE [2022] NZHC 2026 [16 August 2022]
[299] The respondents acknowledge that, given the fundamental rights at issue and the public interest in these matters, they do not seek costs in the proceeding.
https://www.courtsofnz.govt.nz/assets/cases/2022/2022-NZHC-2026.pdf

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

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

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

Health Act 1956 – search within Act for ‘public health’
https://www.legislation.govt.nz/act/public/1956/0065/latest/resultsin.aspx?search=sw_096be8ed81c588c6_public+health_25_se&p=1

Fry v Chief Executive of the Department of Corrections (six-year window)
https://number8.org.nz/wp-content/uploads/2023/05/Fry-v-Chief-Executive-of-the-Department-of-Corrections-1.pdf

Section 26 Accident Compensation Act 2001 – Personal injury
https://www.legislation.govt.nz/act/public/2001/0049/latest/whole.html#DLM100910

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 as mentioned by Liz
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

Yardley v Minister for Workplace Relations and Safety [2022] NZHC 291
https://www.courtsofnz.govt.nz/assets/Uploads/2022-NZHC-291.pdf

1947 Nuremberg Code
https://history.nih.gov/display/history/Nuremberg%2BCode

Health Practitioners Competence Assurance Act 2003
https://www.legislation.govt.nz/act/public/2003/0048/latest/DLM203312.html

Bill of Rights Act 1688
https://www.legislation.govt.nz/act/imperial/1688/0002/latest/whole.html#DLM11115

New Zealand Bill of Rights Act 1990
https://legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html

Health Act 1956
https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html

COVID-19 Public Health Response Act 2020
https://www.legislation.govt.nz/act/public/2020/0012/latest/LMS344134.html

From the chat:

I Am The Last Surviving Prosecutor of the Nuremberg Trials
https://www.youtube.com/watch?v=_FLMRa9WOh4

Other:

Representing yourself in a civil case in the High Court > Costs & disbursements
https://www.justice.govt.nz/courts/going-to-court/without-a-lawyer/representing-yourself-civil-high-court/costs-and-disbursements/

https://www.employment.govt.nz/about/employment-law/compensation-and-cost-award-tables/

National Health Act 1953 – Australia - use of individual and person
https://www.legislation.gov.au/Details/C2017C00250

https://en.wikipedia.org/wiki/Natural_justice

"Justice must not only be done, but must be seen to be done"
https://en.wikipedia.org/wiki/Nemo_iudex_in_causa_sua

Transcript bloopers: South tower Anarchy = South Taranaki

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