Ep 90 N8 Fri 3rd Nov 2023 FREE SPEECH Goes to CoA

Liz's Red Hot Questions for the Court of Appeal

This has the potential to blow things wide open for court cases in the future and likely those recently decided poorly

This is a definite must watch and memorise these key questions which we can discuss and use in our daily interactions with all the agents/employers/agencies which we come in to contact with who could do with informing of what our lawful rights are in NZ legislation

TIMELINE

1 – 00:00:05 – Turner took an employment case regarding free speech to the Employment Court, which ruled against them a month ago.
Turner appealed to the Court of Appeal, which requires leave/permission.
The appeal argues legal principles, not case facts
It lists important legal questions that have not been before the courts previously regarding free speech and public interest
Turner submitted questions on whether the NZ Bill of Rights applies to public employees in employment agreements/ability to complain about employer Bill of Rights issues
The questions relate to whether sections 13 and 14 of the NZ Bill of Rights Act
The Court of Appeal accepted the leave application, allowing the case to proceed for a hearing. However, the appeals process will still be lengthy.

2 – 00:05:42 – Turner argued the judge ignored process issues with the union assisting the employer
The appeal questions if political speech at and outside work was wrongly limited, referring to the Employment Relations Act and one past case allowing it.
Questions if Turner's dismissal for private Facebook posts and religious views against vaccination breached her rights under the NZ Bill of Rights and Human Rights Act given her public service employer.
Specifically, it argues the employer policy appeared to breach protections for public servants' rights under the Acts.
Section 105(1)(J) of the Employment Relations Act: Prohibited grounds of discrimination for purposes of section 104 political opinion.
Section 21(1) of the Human Rights Act 1993: Prohibited grounds of discrimination

3 – 00:13:47 – 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 – 00:28:24 – The Bill of Rights 1688 and Magna Carta are part of New Zealand's constitutional framework through the Imperial Laws Application Act.
Many imperial laws are still in force in NZ even if no longer in England. They establish equal treatment under law regardless of status.
The Bill of Rights prohibited things like standing armies without parliamentary consent and interfering in elections.
It questions if some modern practices like additional representation contradict the freedom of elections.
Article 3 of the Treaty coupled with the Bill of Rights could form the basis for a new body of legal principles on equal citizenship rights.
Winston Peters referenced the Treaty translations saying all are equal under law.
An FOI request asked DHBs how much was spent on additional COVID health and safety activities like terminating employee jobs. The response was late but linked in the discussion.

5 – 00:39:27 – An FOI to DHBs asked about COVID spending like on advisors/roles but response was vague claiming difficult to assess centrally as each DHB has separate budgets/systems.
Oranga Tamariki spent $25M and only rehired 3 of 17 staff terminated for no vaccine. No designation found.
Housing NZ required vaccines for employees/visitors but didn't state a policy, just a requirement, unlike trying to establish a risk-based policy.
Response shows organizations wanting vaccines but without proper designations/risk analysis as required by law.
Discussion on how towing company worked throughout lockdowns for essential services like police with no vaccines/passes required as the boss refused demands.
Overreach by authorities and organizations wanting vaccines without proper process, while essential workers could operate freely without them. Rules appear contradictory and lacked consistency.

6 – 00:56:16 – The towing company operated without vaccines/passes as required by law under their contract. Others imposed rules without legal basis.
Non-CVC rules in COVID legislation allowed voluntary vaccine certificates but rules were still required legally.
McKenzie Friends group will help those impacted legally, while the appeals focus on higher courts.
AA had duty of care to help stranded customers yet imposed illogical vaccine rules contradicting contracts.|
Tow drivers questioned military figures' authority during checks, given their oath to the Queen not a "communist dictator".
Suggests overreach by government compared to a constitutional monarchy, with economic damage from excessive rules.
Discussion of King Charles proroguing UK parliament until mid-November possibly related to scrutiny of pandemic policies.

7 – 01:02:46 – Discussion of NZ parliament being sworn in and governor general opening parliament, with some closed due to Winston Peters.
Questions around whether elections require NZ citizenship given 1688 Bill of Rights doesn't specify, compared to later citizenship laws.
Examples given like Australian MP resigning after found to not be a citizen, and some past NZ politicians of dubious citizenship status.
Article 7 of 1688 protects right to bear arms within the law, but recent arms legislation is questioned as potentially infringing.
Article 12 around fines mentioned in relation to infringement notices issued without convictions. Loophole identified of disputing notices to avoid paying fines.
Potential employment discrimination case identified where taxi job was cancelled after being contracted due to client requesting a female driver only.
Parallels drawn to issues Uber drivers faced from some customers with cultural preferences not to engage male drivers late at night.

CONTENT LINKS

Section 105(1)(J) of the Employment Relations Act: Prohibited grounds of discrimination for purposes of section 104: political opinion
https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM60329.html

Employment Relations Act 2000: Governs employment law and relations.
https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM58317.html

Section 21 Human Rights Act 1993 - Prohibited grounds of discrimination
https://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304475.html

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 Public Service Act 2020: Rights and freedoms of public service employees
https://www.legislation.govt.nz/act/public/2020/0040/latest/LMS372428.html
Provides protections in the public service for rights under the NZ Bill of Rights Act and Human Rights Act.

Article 3 Treaty of Waitangi 1840: Guarantees Māori the rights and duties of British subjects.
https://nzhistory.govt.nz/politics/treaty/read-the-treaty/english-text

Bill of Rights 1688 (England):
https://www.legislation.gov.uk/aep/WillandMarSess2/1/2/introduction
One of the foundational constitutional documents in England that established civil and political rights.

Imperial Laws Application Act 1988 (NZ):
https://www.legislation.govt.nz/act/public/1988/0112/latest/DLM157058.htm
Applied many old English statutes and laws to New Zealand's legal system, including those in Schedule 1.
Schedule 1 includes:
Statute of Westminster 1275
Petition of Right 1627
Bill of Rights 1688
Magna Carta 1215:
https://librarycollections.law.umn.edu/magnacarta/mc_english.php One of the earliest declarations of rights in England.
Magna Carta 1275 https://en.wikipedia.org/wiki/Magna_Carta
Magna Carta 1297 https://www.legislation.govt.nz/act/imperial/1297/0029/latest/DLM10929.html

Section 191 (1), (2) & (3) Health and Safety at Work Act 2015
(1)The Prime Minister may designate an agency listed in subsection (3) as a designated agency, having regard to the specialist knowledge of that agency.
(2) A designation under subsection (1) must be made by notice in the Gazette
(3) The agencies are (a) the chief executive of a department or departmental agency (within the meaning of section 5… https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977182.html#DLM5977182

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

N8 rumble on - CVC OPT-IN OR OPT-OUT could it be that simple? Health Act 1956 - 25 Nov 2022
https://rumble.com/v262br4-cvc-opt-in-or-opt-out-cold-it-be-that-simple.html

COVID-19 Public Health Response (Vaccinations) Amendment Order (No 6) 2021; CVC
In Schedule 2, table, after item 9.2, insert: Part 10: Groups in relation to settings where CVC required for persons to enter place or receive service
https://www.legislation.govt.nz/regulation/public/2021/0385/latest/whole.html

Arms Act 1983 (New Zealand):
http://www.legislation.govt.nz/act/public/1983/0044/latest/DLM72420.html

Article 7 of 1688 - Subjects’ arms
https://www.legislation.govt.nz/act/imperial/1688/0002/latest/whole.html#DLM4663805 That the subjects which are Protestants may have arms for their defence suitable to their conditions, and as allowed by law:

Article 12 of 1688 - Grants of forfeitures
https://www.legislation.govt.nz/act/imperial/1688/0002/latest/whole.html#DLM4663810 That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void:

FOI’s
https://fyi.org.nz/request/24095/response/92673/attach/4/HNZ00029810%20Response%20Letter.pdf
What budget was allocated for Covid 19 health and safety activities at DHBs for the 2021/2022 financial year? For example, Covid advisors, Covid risk specialist roles, website info pages etc.

https://fyi.org.nz/request/24093/response/92448/attach/2/OIA%20Response%20E%20WHITTOME.pdf
Ministry for Children (Oranga Tamariki), requesting information under the Official Information Act 1982 (the Act) regarding COVID-19

FROM THE CHAT
Renewal of Provisional Consent to the Distribution of a Medicine – 2 NOV 2023 - Product:Comirnaty (10mcg/0.2mL dose)
https://gazette.govt.nz/notice/id/2023-go5134

OTHER
Court of Appeal:
Higher court that hears appeals from the High Court, some tribunals and other courts. Part of New Zealand's court system.

Leave to appeal:
Permission required from the Court of Appeal to have a case heard on appeal. Grounds for appealing a lower court's decision must be demonstrated.