Ep 89 N8 Wed 1st Nov 23 No Time For Popcorn

A fantastic zoom tonight!!

An inspiring presentation and pep talk from Liz -

We are in a war and this is no time to be sitting on the sidelines watching events and eating popcorn!

We talk border exemptions - Sports Teams got them and we will be researching how many people that is

How to find designated terrorist groups on the police website

Court of Appeal Freedom of Speech case comes from a poor decision from the employment court. This gives N8 Union a great venue for asking very powerful questions

We talk about a number of other great subjects so a must watch to find out what those are!

TIMELINE
1 – 00:00:50 – Section 83 letters – Settlements – Focus has been on educating all sides about how the law works in the new pandemic paradigm, as the situation is unprecedented.
The Health and Safety at Work Act and Employment Relations Act were not properly understood or considered by those in authority when implementing COVID measures.
Section 11 of the COVID-19 Public Health Response Act 2020 allowed ignoring existing Acts of Parliament, raising alarm bells. Secondary legislation (orders) were prioritized over settled law. Section 92 I (5) Health Act 1956.
Some private individuals have run out of money appealing COVID measures after losing at the employment authority level due to legal costs.
Lost the freedom of speech/Turner at the employment court but has filed for leave to appeal at the Court of Appeal to clarify legal questions around public servant rights and employment contracts overriding Bill of Rights protections.
Section 13 New Zealand Bill of Rights Act 1990 – Freedom of thought, conscience, and religion – Fundamental Rights.

2 – 00:09:07 –Section 13 & 14 can not be derogated by Section 5 BORA NZ – Yardley, Mid wives case & others were taken in HC but it should have been Employment court.
Justice Cook’s comments re Yardley.
Liz examines exemptions to border orders by looking at information released via the New Zealand Gazette. This includes who entered NZ without vaccinations under clause 15 exemptions like sports teams.
Aviation NZ and Maritime NZ only had authority under the HSWA for planes/ships actively in operation, not things like reception areas.
The gazette and NZ Police website list designated terrorist groups in NZ under the Terrorism Suppression Act. These groups have been designated since 2010.
Clicking on the "statement of case" shows the background as to why each group was designated. Liz encourages exploring this information in detail.
Examples discussed include looking up exemptions, designations under section 191 of unclear meaning, and terrorist group designations from international bodies like the UN Security Council that New Zealand incorporates into domestic law.

3 – 00:19:28 – The appeal questions if Turner is protected by Article 3 of the Treaty of Waitangi as an ordinary person, distinct from a Māori chief.
Article 3 granted the rights and duties of English citizenship to ordinary people based on the Bill of Rights 1688.
The Bill of Rights 1688 came out of the English Civil War and constitutional monarchy, limiting the Crown's power and establishing law as supreme.
These rights and duties came to New Zealand through the Treaty and were a swap for Māori giving up governance.
The appeal aims to establish the relationship between the Bill of Rights 1688, Treaty Article 3 rights, and the NZ Bill of Rights Act.
It questions recent government/Minister actions like signed agreements in conflict with Parliamentary sovereignty per the Bill of Rights 1688.
The preamble discusses how the Bill of Rights came about due to evil judges, councillors and ministers under King James II dispensing and suspending laws without consent.

4 – 00:28:57 – Discussion on terrorist group designations listed on the New Zealand Gazette. These come from the UN and are incorporated into New Zealand law via the Suppression of Terrorism Act.
The designations provide background on each group's history, ideology, objectives, structure, tactics, weapons used and case studies of attacks.
Criteria for designation include acts intended to cause death/injury to advance ideology, induce terror in civilians, or compel governments.
Designated groups also include those like Proud Boys who were listed for supporting Trump and "traditional values".
International humanitarian law explains when actions count as terrorism versus armed conflict between militaries. Terrorism involves targeting civilians.
New Zealand lists these groups because some have followers/supporters in NZ, like the Tarrant. Authorities monitor for financial support coming from NZ.

5 – 00:38:00 – Article deconstruction – The 2019 Whakaari/White Island volcanic eruption in NZ killed 22 people on a tourist tour.
WorkSafe NZ charged 13 parties for alleged health and safety breaches regarding the active volcano as a workplace.
Whakaari Management Ltd, which managed the volcano workplace, was found guilty of failing in its duty to safely conduct tours.
Advice from NZ's volcano monitor to the company was deemed inadequate.
The verdict provided relief to victims' families, with sentencing upcoming.
Lessons drawn about delineating PCBU responsibilities for workplaces versus general public health issues
NZ health and safety at work legislation was the relevant framework for charges relating to the volcano workplace duties and responsibilities..

6 – 00:46:37 – The Whakaari/White Island eruption verdict provides relief to victims' families after responsibility was long denied. The fine may be distributed to families.
Discussions draw parallels to vaccine warning issues in workplaces under the HSWA.
Only Maritime NZ and Aviation NZ were designated with authority under legislation. All others weren't designated.
Terrorism legislation could apply to ideology around socialism/taking down capitalism through regulatory capture.
Sports teams and airline crew entered NZ without vaccination under clause 15 exemptions, staying in nice hotels/bubbles rather than true MIQ like public.
Clause 15A of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020
The selective approach to border exemptions and different treatment was seen as galling given public restrictions purportedly for a deadly disease.

7 – 00:53:42 – Sue Grey's video discussed the NZ Gazette notice that all COVID vaccine provisions will end on November 3rd, except Paxlovid until March.
This could open the door for ACC claims as informed consent requirements may not have been met. Informed consent relies on the disability codes.
The decision came from the Cartwright report from the 1980s about Professor Green who unethically experimented on cancer patients without consent.
Some doctors still defended Green's actions, showing an ideology that doctors can experiment without consent. Like those who got vaccine exemptions.
Discussion of past unethical medical experimentation on women and concerns about some medical screening practices.
The HSWA provides an avenue for workers to raise safety issues, like in schools regarding medical interventions.
The Union can organize workplaces and support breach of contract claims for unvaccinated workers who lost jobs.
Continued support for using employment law and unions to advocate for workers' rights and safety.

CONTENT LINKS
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
Section 92 I (5) Health Act 1956, in no case was a person to be vaccinated without their informed consent
(5) In no case may a direction require an individual to submit to compulsory treatment. https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html#DLM307440

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/whole.html#LMS344177

Section 13 New Zealand Bill of Rights Act 1990 – Freedom of thought, conscience, and religion
Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference.
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225512

Section 22 of the Terrorism Suppression Act
https://www.legislation.govt.nz/act/public/2002/0034/latest/whole.html#DLM152753

Lists associated with Resolution 1373 – NZ Police website
https://www.police.govt.nz/advice/personal-community/counterterrorism/designated-entities/lists-associated-with-resolution-1373 The TSA also allows a designation to be judicially reviewed (s 33)

43 notices found under "Terrorism Suppression Act" GAZETTE
https://gazette.govt.nz/home/NoticeSearch?act=Terrorism+Suppression+Act&soloRedirect=false
Tarrant 18 Aug 2023 https://gazette.govt.nz/notice/id/2023-go3748

Whakaari Management Limited found guilty as White Island criminal proceedings conclude
https://www.abc.net.au/news/2023-10-31/white-island-trial-over-as-verdict-on-final-defendant-issued/103038648

Clause 15A of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020: 15APower for Minister to grant exemptions from this Part
https://legislation.govt.nz/regulation/public/2020/0241/25.0/LMS409889.html

NZ Gazette - 72 notices found containing "clause 15 exemption covid"
https://gazette.govt.nz/notice/NoticeSearch?keyword=clause+15+exemption+covid&year=&pageNumber=&noticeNumber=&dateStart=&dateEnd=&noticeType=&act=&start=32&soloRedirect=false&soloRedirect=false

NZ Gazette - 230 notices found containing "exemption covid"
https://gazette.govt.nz/notice/NoticeSearch?keyword=exemption+covid&year=&pageNumber=&noticeNumber=&dateStart=&dateEnd=&noticeType=&act=&start=208&soloRedirect=false&soloRedirect=false

Sue Greys video
https://www.facebook.com/share/v/8YJG56JgWTnboTeK/?mibextid=00RHnp

Cartwright Inquiry
https://en.wikipedia.org/wiki/Cartwright_Inquiry

FROM THE CHAT
Gazette - Provisional Consent to the Distribution of New Medicines https://gazette.govt.nz/notice/id/2023-go5029?year=2023&noticeNumber=5029
Medsafe - NEW ZEALAND DATA SHEET https://www.medsafe.govt.nz/profs/Datasheet/c/ComirnatyOriginalOmicronBA1inj.pdf
Medsafe - Updated summary of risk management plan (version 8) for Comirnaty https://www.medsafe.govt.nz/COVID-19/Comirnaty-RMP.pdf

OTHER
631?

COVID-19 Public Health Response (Protection Framework) Order 2021
https://www.legislation.govt.nz/regulation/public/2021/0386/latest/whole.html#LMS573242
CVC requirements relating to regulated businesses and services
https://www.legislation.govt.nz/regulation/public/2021/0386/latest/whole.html#LMS607373

The Oxford Compendium of National Legal Responses to Covid-19 [OCC19]
https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e4 ?