E 96 N8 Wed 29th Nov 23 Wednesday War on the Wokesters

Tonight Liz takes us through what is also "The Great Resigning". There has been a great number of resignations of govt CEO's and the like. We are keeping a list.
JA, Stuart Nash, Michael Woods, Kiri Tapu Allen Worksafe CEO, Phil Parkes, Mayor of Wellington.
We have a deep dive on Michael Wood - He had to resign due to his multiple conflicts of interests - He has shares in businesses that would directly benefit from the info gained from his ministerial position. He was the minister during the Yardley case. Chorus, Spark & National Australia Bank and Auckland Airport.

Liz talks about her Court of Appeal case and more details of the submission she has just finished - Amazing stuff and so much more

Remember this Court of Appeal case is incredibly important for all of us - Without Freedom of Speech we have not other rights
Please help support Amanda with her court costs. As we all know freedom doesn't come for free but many hands make light work. You can find Amanda's bank account info on our website here - https://number8.org.nz/press-releases-news-updates/ground-breaking-nz-case-constitutional-freedom-of-speech-case/
Also please support Ants the incredibly brave man and barber from Rotorua who is taking on Worksafe who imposed unlawful fines accompanied with loads of coercion and bullying - You can support him here https://givealittle.co.nz/cause/my-battle-with-work-safe

TIMELINE
1 – 00:00:06 – Discussion about a list of public figures who have recently resigned from positions in New Zealand. Names mentioned included Jacinda Ardern, Stuart Nash, Kiritapu Allan and Michael Wood. Used search “Woke-resignation-New Zealand.”
- Michael Woods resigned as Minister of Immigration and Transport after it came to light he had undisclosed shareholdings in companies like Chorus, Spark and National Australia Bank but was making decisions impacting those industries. OIA’s revealed the information. JM Fairy family trust trustee
- Woods also linked to unions as the MBIE minister involved in the "Yardley case". Questions about his objectives in meetings with unions given his shareholdings.
- MBIE, Department of Prime Minister and Cabinet and Justice COVID team all had a part in putting together the covid orders.
- Telecommunications green-list
- The speakers attended an event (1914 Waihi strike) where Wood spoke and got the impression he and the unions wanted more people on welfare and were willing to damage the economy to achieve higher wages.
- Employment insurance.
- Liz discusses touch various legal cases and appeals, including the appeal of the Amanda Turner case and a precedent case Butler v Shepherd (2011, NZ District Court) involving medical treatment and employment obligations. Suing the university staff (servants) and Attorney General. From Employment courts to District court.
- Why lawyers didn’t take on cases during the scamdemic.

2 – 00:20:44 – Section 3(b) of the New Zealand Bill of Rights Act 1990 discussed in relation the Butler case. It outlines that the Act applies to any public body or person performing public functions through law or statute.
- Section 3(a) is the three branches of the government: legislative, executive and judicial.
- Examples given were government ministries that were susceptible to judicial review challenges. It also covers other "tentacles" of the executive branch like state entities.
- The precedent case of Butler v Shepherd further analyses. It involved suing fellow employees at the University of Auckland. The judge found the employees did not have rights under Section 3B to sue, only the Vice Chancellor could be. Vicarious liability.
- Liz argues the judge Bell lacked employment law expertise and there may have been gaps in understanding. An appeal was being prepared citing this case.
- The crown witnesses in the Yardley case were not cross-examined.
- Employment Relations act is supposed to address the imbalance of power between the employer and employee. The employer provides the workplace, control the money, flow of work etc* read Karl Marx “Surplus value.”
- Section 5 of the Bill of Rights Act, on reasonable limits, was also discussed. It allows rights to be limited if justified in a democratic society through lawful means. Emphasis on “reasonable limits prescribed by law” and in relation to Butler v Shepherd case.
- The other case used against Amanda Turner was 2001 case of Electrical Workers Union v Mighty River Power regarding random drug testing was mentioned. The union had incorporated Section 11 rights into its collective agreement to argue against random testing.

3 – 00:33:41 – Continued discussion was analysing the concepts of "reasonable limit prescribed by law" from Section 5 of the NZ Bill of Rights Act.
- It was noted that a workplace policy is not the same as a law and cannot be used to limit rights under Section 5. The 2001 Electrical Workers Union v Mighty River Power case found that a policy is not a law.
- Liz to keep fighting to enable workers to use the Bill of Rights Act in employment cases, as the precedent of Butler v Shepherd was still being used to claim workers cannot access it.
- Can’t use section 5 because a group right cannot limit a individuals. Public health should not have overcome a individual person’s right not to be forced to have a vaccination.
- Sole jurisdiction, Non-CVC rules, South Taranaki District Council Fluoride case.
- Use of law degrees for practising law or ego-based gains.
- More discussion on Yardley. All the above in relation to the Amanda Turner appeal.
- Comment from Judge Holden about guidance, policy and rights.
- Are job ads still requiring jab status and what to do
- Names of public officials who had resigned in New Zealand were reviewed, including Stuart Nash, Michael Wood, Kiri Allan. Earlier resignations mentioned were Dr. Ashley Bloomfield and an official named Caroline who returned to Ireland. After FDA were forced to release post marketing report.
- It was reported that Caroline had apparently commented on Irish radio about feeling thrown under the bus in New Zealand's COVID response, but the recording was later removed.

4 – 00:46:35 – OPEN CHAT – Trevor Mallard, the former Speaker of the New Zealand House of Representatives, was discussed. He faced criticism for using music and sprinklers against the Wellington freedom protesters.
- After facing pressure, Mallard received a diplomatic posting in Ireland rather than being fired. Others thought he deserved to be sacked for his actions.
- Stuart Nash resigned as Police Minister after admitting discussing a criminal case with a friend on the radio. This came around the time of Cyclone Gabriel hitting Hawke's Bay.
- Nash appeared unprepared when visiting Hawke's Bay after the cyclone, as looting and gang activity were widespread. His resignation followed two weeks later.
- It was commented that political parties can more easily force resignations of MPs if desired, rather than pursuing wrongdoing directly. Concerns were raised about representing constituencies without knowing people's backgrounds.

5 – 00:55:24 – The question was asked whether a judge can be held in contempt in their own court. It was clarified that under the Judicature Act, the bailiff is the only person who can detain or arrest a judge if they are not following proper process.
- Examples discussed where a bailiff could be called upon, such as if a judge was being improper or violating the rule of law. However, it was noted this has never actually happened
- Discussing past politicians who had held roles like Attorney General and concerns about possible conflicts of interest if they returned.
- A question was asked about changing prescriptions without consent. It was suggested this could fall under consumer law as a service issue rather than the Bill of Rights.
- Contractual remedies –
- Roberts and Corrections, a brief employment case involving Corrections was mentioned. Health and safety law precedents like WorkSafe v NEMA - White Island disaster response were also briefly referenced. Finding acts to use to sue. If you have a right, somebody has a duty.
- Article 3 Treaty of Waitangi (ordinary people get same rights) & Section 14 Public Services Health Act 2020 - Crown’s relationships with Māori: “are all citizens of New Zealand who are also public service employees protected by Article three of the Treaty via the Bill of Rights 1688 and the operation of Section 14 of the Public Service Act 2020.”

CONTENT LINKS
Jesse Waiariki Temanava Butler v Martin Shepherd Hc Ak
https://nz.vlex.com/vid/jesse-waiariki-temanava-butler-793537537

Section 3 (b) New Zealand Bill of Rights Act 1990 – Application
(b) by any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.
https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224799.html

ELECTRICAL UNION 2001
INCORPORATED, DEAN GREGORY COWELL
v AND MIGHTY RIVER POWER LIMITED
https://www.disputestribunal.govt.nz/assets/2013-NZEmpC-197-Electrial-Union-2001-Inc-and-Anor-v-Mighty-River-Pow.pdf

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

Theories of Surplus Value, Marx 1861-3
https://www.marxists.org/archive/marx/works/1863/theories-surplus-value/add1.htm
eBook THEORIES OF SURPLUS-VALUE https://www.marxists.org/archive/marx/works/subject/tsv/tsv-v1.pdf
https://en.wikipedia.org/wiki/Surplus_value

Section 5 New Zealand Bill of Rights Act 1990 - Justified limitations
Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225501

Bailiff’s
https://en.wikipedia.org/wiki/Bailiff

Human Rights Act 1993
https://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html

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

Section 14 Public Services Health Act 2020 - Crown’s relationships with Māori
https://www.legislation.govt.nz/act/public/2020/0040/latest/LMS356875.html

OTHER
Research requested: WOKESTER LIST

Constitutional Freedom of speech Case in NZ –
Fundraiser
Freedom of speech, our most fundamental freedom has been under attack, especially for the last 3 years. At least, the New Zealand Court of Appeal will hear arguments (Amanda Jean Turner and Te Whatu Ora- Health New Zealand in Respect of the Former District health board CA652/2023.
https://www.givesendgo.com/GBB4J

Amanda Turner - Fundraiser and info on N8WUNZ website
https://number8.org.nz/press-releases-news-updates/ground-breaking-nz-case-constitutional-freedom-of-speech-case/

ANTS HAINES: ‘MY BARBER' OWNER, ROTORUA: ON REFUSING TO CLOSE HIS BUSINESS OR COMPLY WITH COVID VAX PASSES, AND CHALLENGING WORKSAFE OVER $48,000 IN FINES 17 November 2023
https://realitycheck.radio/ants-haines-my-barber-owner-rotorua-on-refusing-to-close-his-business-or-comply-with-covid-vax-passes-and-challenging-worksafe-over-48000-in-fines/