Ep 69 N8 11th August 2023 The Crown Cheats at Simon Says Part 2

Well it was another awesome Friday night presentation from Liz with the Number 8.
Liz details very useful aspects of Liz Gunn's new policy announcement around gun laws and her "Gun Club" concept
How is gun law legislation being implemented? The timing of legislation changes is interesting in correlation with ChCh event
Liz teaches us about who is able to enforce things under Covid 19 Health Response Act Sections 11 "Orders that can be made under this Act"

What does enforcement mean under Health and Safety at Work Act?

NZ Customs Service - What is an enforcer there?

Health and Safety at Work Act - What is an enforcer there?

Worksafe got themselves in a complete pickle!

Another must watch :) Thanks Liz :)

Timeline:

00:19 Liz: Liz discusses Liz Gunn club and secondary legislation re gun laws and more - worth a listen

05:01 Liz: The Enforcers – Section 18 COVID-19 Public Health Response Act 2020- Authorised enforcement persons (WorkSafe for workplaces) – Section 11 COVID-19 Public Health Response Act 2020 - Orders that can be made under this Act – Section 18 (4)(d) Persons arriving in New Zealand, puzzling how they have jurisdiction on someone overseas? – All the section 18 is in the HA 1956

10:00 Liz: Section 11 cont. – Reason they didn’t use HA 1956 as the notifiable disease was for individuals, voluntary to follow directions and required court proceedings – Section 96, the Customs and Excise Act, stopped Ivermectin being imported – Section 11, nothing about vaccination orders – (8) Secondary legislation – Show/Hide Default results exclude revoked and amendment legislation.

14:23 Liz: Legislation Act 2019 requirements for secondary legislation – Must be notified in the Gazette – back to section 18 Enforcers – Under the Act it appears they can only issue fines – WorkSafe could only enforce and issue tickets under it’s own Act = HSWA 2015 – Enforcers must be suitably qualified and trained according to carry out… - Where is WS suitably qualified and trained to issue notices that unvaxxed customers couldn’t enter a business?

18:23 Liz: Act for each enforcer category – Section 18 (1)(c) the New Zealand Customs Service – Section 221 Customs and Excise Act 2018 - Detention for public health or law enforcement purposes & Section 206, 208 - Cases requiring investigation for public health or law enforcement purposes – (v)(B) Human Assisted Reproductive Technology Act 2004 – Injections should have been imported under the 2004 Act?? – It’s a very big deal to arrest or detain someone – Must use their expertise in which they’re trained in

25:17 Liz: The Ministry of Health enforcers – Health Practitioners Competence Assurance Act 2003, no hits for enforcer action under the act – New Zealand Defence Force - Defence Act 1990 – One hit for enforcement and is in reference to regulations in the mess etc – Section 141 Health and Safety at Work Act 2015 - Subpart 7—Criminal proceedings – 141 Meaning of enforcement action – WorkSafe as the enforcer for the HSWA 2015 - In this subpart, unless the context otherwise requires, enforcement action means ***(a) in relation to the regulator, the filing of a charging document under section 14 of the Criminal Procedure Act 2011 or the issuing of an infringement notice in respect of an offence under this Act:***Can only issue infringement notices under this Act

28:58 Liz: Ants is not Liz’s barber – Discussing the fines of My Barber and Masterton business – Follow link from 141 to Section 14 Criminal Procedure Act 2011 - Subpart 1 -Filing a charging document Commencement of criminal proceedings – This is how Ants ended up in Rotorua District Court – Section 142 Health and Safety at Work Act 2015 - Person may notify regulator of interest in knowing of enforcement action taken by regulator – Relevance to Erika’s OIA re number of section 199 notifications & response – Section 199 Health and Safety at Work Act 2015 - Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury – Acknowledgement, no further action taken – There were no notifications of work-related notifiable disease – Use section 142 to make enquiries to WS as to who made the notification? – Preface cases with these facts

36:54 Liz: OIA by Paul Lynch “Number of successful prosecutions since inception” with two questions – Responses - Bullying question refused but answered in an alternative way – Relevance to the principals of N8wunz and reason to join N8 union – Liz expands on rewording the Section 83 notices from N8

44:40 Liz: Open chat – Ivermectin and OIA to be submitted re section 95 or 96? Importation of PCR and RAT tests? – Ivermectin and other antiparasitic medications

1:01:24 Liz: WorkSafe v NEMA case which shows there’s no obligation on a PCBU to be watching out for every public health issue or natural disaster – Wellington City Council? - Different jurisdiction, different constitution says employer re New York Supreme Court case?? NO says Liz, Schedule 1 of the Imperial Laws Application Act is the basis of the amendments to the Constitution of the United States – Both inherited from 1275 onwards – Same constitution in terms of the law

1:04:52 Liz: Liz discusses updates on the judicial system and cases against WS – Workplace policies must be based on what happens in the workplace – revisit this section to 1:09:00

1:09:03 Speaker 3: Open chat – Member discusses a Section 83 response with employer discussing it’s “obligations” – Generic response as usual from an employer re orders etc – Still carrying on about mandates – Breach of contract initially, has until 2027 anyway – Destruction of the country by design

Content links:

Liz Gunn - New Zealand Loyal - The Gunn Club [Gun Rights]
https://rumble.com/v3655pe-new-zealand-loyal-the-gunn-club-gun-rights.html

About secondary legislation
https://www.legislation.govt.nz/aboutlegislation.aspx#aboutsl

Section 18 COVID-19 Public Health Response Act 2020- Authorised enforcement persons
https://www.legislation.govt.nz/act/public/2020/0012/latest/LMS344191.html

Section 11 COVID-19 Public Health Response Act 2020 - Orders that can be made under this Act
https://www.legislation.govt.nz/act/public/2020/0012/latest/LMS344177.html Very interesting link – recommended

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

Secondary legislation under the COVID-19 Public Health Response Act 2020 = Showing 154 results
https://www.legislation.govt.nz/act/public/2020/0012/latest/secondary.aspx?sds=pa&sdr=0&sda=1

Section 221 Customs and Excise Act 2018 - Detention for public health or law enforcement purposes
https://www.legislation.govt.nz/act/public/2018/0004/109.0/DLM7039485.html

Section 208 Section 221 Customs and Excise Act 2018 - Cases requiring investigation for public health or law enforcement purposes
https://www.legislation.govt.nz/act/public/2018/0004/109.0/DLM7039469.html

Human Assisted Reproductive Technology Act 2004
https://www.legislation.govt.nz/act/public/2004/0092/latest/DLM319241.html#DLM319240

Health Practitioners Competence Assurance Act 2003 - no relevant hits for enforcement
https://www.legislation.govt.nz/act/public/2003/0048/latest/resultsin.aspx?search=sw_096be8ed81d6f4e0_enforcement_200_se&p=1
Defence Act 1990 - no relevant hits for enforcement
https://www.legislation.govt.nz/act/public/1990/0028/latest/DLM206936.html?search=sw_096be8ed81ce338c_enforcement_200_se&p=1&sr=0

Section 141 Health and Safety at Work Act 2015 - Subpart 7—Criminal proceedings – 141 Meaning of enforcement action
***THIS ACT***
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977114.html

Section 14 Criminal Procedure Act 2011 - Subpart 1 -Filing a charging document Commencement of criminal proceedings
https://www.legislation.govt.nz/act/public/2011/0081/latest/DLM3360057.html#DLM3360057

Section 142 Health and Safety at Work Act 2015 - Person may notify regulator of interest in knowing of enforcement action taken by regulator
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977119.html

How many Notifications of Covid-19 were received by WorkSafe?
https://fyi.org.nz/request/23394-how-many-notifications-of-covid-19-were-received-by-WorkSafe#incoming-88677

HTML version of an attachment to the Official Information request 'How many Notifications of Covid-19 were received by WorkSafe'.
https://fyi.org.nz/request/23394/response/88677/attach/html/8/OIA%20230648%20Erika%20Whittome%20REPLY.pdf.html

Section 199 Health and Safety at Work Act 2015 - Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977194.html

OIA - Number of successful prosecutions since inception - Submitted by Paul Lynch
https://fyi.org.nz/request/22848-number-of-successful-prosecutions-since-inception#incoming-86261
https://fyi.org.nz/request/22848/response/86261/attach/html/8/OIA%20230475%20Lynch%20REPLY.pdf.html

Section 83 Health and Safety at Work Act 2015 - Right of worker to cease or refuse to carry out unsafe work
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977016.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

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

Amendments - There have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified December 15, 1791
https://constitutioncenter.org/the-constitution/amendments

ADDITIONAL:
Case note: TO REMIND PEOPLE OF THE BILL OF RIGHTS 1688 Fitzgerald v Muldoon – Geoff
http://classic.austlii.edu.au/au/journals/MonashULawRw/1977/3.pdf