Ep 99 N8 WUNZ Wed 13th Dec 2023 How to Become a Protected Whistle Blower

2 months ago

Join us for a totally on point zoom where Liz guides us through the powerful protection for Whistle Blowers under the Protected Disclosures Act 2022 and the Employment Relations Act 2000.
Very few people know about these weapons of law including most Lawyers! They really need to get up to speed for their client sake if not their own!!
We have never needed these Acts more than we do now!!! Bringing these in to action in the courts is our key to stopping the extreme corruption and injuring of our loved ones, friends and family
Please watch and share far and wide so more caring kiwis can learn and utilize these powerful tools to bring to a halt the massive wrong doing that is happening around us.
Please also watch this from Liz Gunn where she interviews a now ex police office about his efforts over a very long period to have his concerns about the jab and the roll out, the jab injuries and the police response to all of these goings on investigated - All to no avail.


1 – 00:00:20 – Liz discusses the Protected Disclosures (Protection of Whistleblowers) Act 2022 in New Zealand, which aims to facilitate whistleblowing and protect whistleblowers. It is modelled after similar laws in other countries like Australia. It is considered only 7% of the population are aware of the Act. Barry Young falls under the category of whistleblower.
- In Australia the equivalent is the Public Interest Disclosure Act 2013 – updating in 2019?
- The NZ HSWA 2015 is modelled on the Model Work Act in Australia
- Note the Protected Disclosures (Protection of Whistleblowers) Act 2022 covers both public and private sector organizations. Public sector orgs have additional responsibilities to make employees aware of the act.
- Key section of the Act dissected. Section 3: Purpose.
- Controller and Auditor-General is John Ryan who took office on 2 July 2018. Ombudsman.
- Section 4: Interpretation. Key definitions are reviewed, including protected disclosure, serious wrongdoing, appropriate authority, and retaliation.
- Anyone employed by or contracted to an organization can make a protected disclosure, including volunteers. Disclosures must be made in good faith with reasonable belief of serious wrongdoing.
- Serious wrongdoing is broadly defined and includes offenses, health/safety risks, environmental risks, and risks to fair trials or law enforcement.
- Specific sections of the act are highlighted for further discussion, including the obligations of public sector orgs and protections for whistleblowers. Barry Young's case is mentioned.
- Liz highlights that you don’t have to be a trained lawyer to be able to use the Act.
- Liz “so if nurses saw something in the hospitals that they were concerned about, but they were afraid to put out there, this is their time to whistle blow.”
- The role of oversight bodies like the Ombudsman is also briefly touched on. Liz plans to take questions and discuss applications to recent issues afterwards.

2 – 00:16:52 – Discussion on ways to open up secrecy around what happened with the public service during the pandemic, noting major figures but wanting whistleblowers from lower levels.
- Unlawful, corrupt, or irregular use of public funds is mentioned as something that could be disclosed, referencing the Christchurch City Council and 3 Waters.
- Gross mismanagement, oppression, unlawful discrimination, or gross negligence could also be disclosed.
- Liz wants to rename it “The Games Up Act.”
- Section 11 covers making disclosures to the organization or appropriate authority. Section 13 adds disclosure to an appropriate authority can be made at any time.
- Maybe those exempt were made to sign an NDA, but according to Section 23 (2) they will be protected. The NDA will be of no effect. Don’t have to go to the employer, they can go straight to the Ombudsman.
- Note the green highlighted sections “or.”
- Section 14 allows further disclosure if the initial receiver did not properly address the wrongdoing. Disclosures can then be made to ministers or the Speaker in some cases.
- Organisations cannot retaliate against employees for whistleblowing. Sections 20-22 cover obligations to not retaliate or treat employees less favourably due to a protected disclosure.
- Barry Young's case is an example of disclosing internally first but still being able to further disclose. The Ministry of Health is criticized for not informing employees of the act's protections. They have not acted appropriately under section 13.
- Mayor of Hamilton & Dr Sharma should have used the whistleblowers act
- Section 20, it outlines options for whistleblowing, protections from retaliation, and notes the act could be applied to uncover more of what happened during the pandemic response.

3 – 00:28:17 – Section 21 of the Protected Disclosures Act is discussed, regarding retaliation against employees for whistleblowing.
- If an employer retaliates, the employee has a personal grievance under Section 103(1)(k) of the Employment Relations Act. Barry Young's case is an example.
- Section 103(1)(k) falls under Part 9 of the Employment Relations Act, which covers matters like unjustified dismissal.
- Section 103(1)(b) would be in the course of employment.
- Retaliation is defined similarly to health and safety laws, including actions like dismissal, refusal of work, and adverse treatment.
- Raising health and safety issues in the Employment Relationship Act Section 89 HSWA 2015.
- Section 22 relates to victimization and notes similar wording is also in the Human Rights Act. Section 66 HRA 1993.
- Section 23 provides immunity from civil, criminal and disciplinary proceedings for both whistleblowers and those who refer disclosures.
- This immunity applies despite any confidentiality agreements or policies under any other legislation.
- The Ministry of Health is critiqued for its handling of Barry Young's disclosure regarding possible misrepresentation to police, or the police haven’t got the charges correct.
- Questions are invited from those concerned about whistleblowing or retaliation in hypothetical scenarios, without using real names.

4 – 00:35:33 – Irene is asked if she wants to share her situation. Contact information is provided for Steve Osborne at the Ministry of Health to make complaints about responsible authorities like the Midwifery Council.
- MOH put on notice.
- Section 29 of the Protected Disclosures Act is referenced regarding obligations of public sector organizations to have proper internal disclosure procedures.
- Follow up re employment agreement?? 42:10
- It is argued these organizations have failed to properly inform employees of the act and establish internal procedures.
- Irene faced retaliation for disclosures made to the Ministry about COVID responses and vaccine risks.
- Section 23 immunity and ability to disclose to the Ombudsman at any time under the act are discussed as ways to defend against retaliation.
- Irene discusses her ongoing legal battles, including a case being struck out in Wellington High Court and ongoing issues in the criminal court system.
- Irene is encouraged to formally disclose to the Ombudsman and use the act's protections against further retaliation from the Midwifery Council and others involved in her case. Section 11 (3) A discloser is entitled to protection for a protected disclosure made to an appropriate authority at any time.
- Setting a date to jointly disclose to the Ombudsman before Christmas is proposed to help Irene's ongoing legal matters. Her large volume of evidence is acknowledged. Section 21 - Prohibition on retaliation will apply to Irene.
- So in summary, the conversation focuses on applying the Protected Disclosures Act to Irene's situation and defenses against retaliation through disclosure to the Ombudsman.

5 – 00:57:05 – QUESTION FROM THE CHAT - The discussion focuses on whether the Protected Disclosures Act protects disclosures regarding imminent risk or risk of harm by individuals within organizations. It is clarified the act covers wrongdoing by organizations and individuals.
- An example is given of disclosing abuse of elderly residents by a boss to be protected under the act.
- Irene's ongoing legal issues are acknowledged, and patience in progressing cases is encouraged.
- Manslaughter and other damages from lockdowns won’t be protected under Section 34 of the COVID-19 Public Health Response Act.
- A recent employment court case (Cronin-Lampe v Board of Trustees of Melville High School) awarding over $1.79 million in damages is discussed as potentially relevant for breach of contract claims. Pecuniary loss.
- The Employment court found that section 21B of the Accident Compensation Act 2001 did not act as a bar to the claims.
- Reminder about Section 142 Employment Relations Act 2000 - Limitation period for actions other than personal grievances, for breach of contract.
- The importance of ongoing whistleblowing to keep pressure on organizations and "shock and awe" them is emphasized.
- Encouragement to join the union to collectively address issues and set precedents through the legal system as well as enable self-governance in workplaces.
- Sharing the discussions on social media to spread information is recommended. Continued monitoring of issues and potential future whistleblowers is hoped for. Support to Ants’ and Amanda Turners page.
- In summary, the conversation focuses on clarifying protections under the Act and strategies for legal recourse and organizing through whistleblowing and union participation. Justice and happy and safe workplaces.

Protected Disclosures (Protection of Whistleblowers) Act 2022:
Current New Zealand law protecting whistleblowers from reprisals. It came into force in July 2022.
Section 3 – The purpose
Section 7 - view the flowchart which gives an overview of how the Act applies to the discloser.
Section 8 - Meaning of a disclosure in this act.
Section 9 - Meaning of protected disclosure
Subpart 2 - To whom disclosures can be made
Sections regarding requirements for receivers of disclosures and protections for whistleblowers.
Section 11 (3) - A discloser is entitled to protection for a protected disclosure made to an appropriate authority at any time.
Section 13 - Guidance: what receiver should do
Section 14 - Guidance for receivers of disclosures
Section 16 - Referral of disclosures
Section 21 - Prohibition on retaliation
Section 22 - No victimisation
Section 23 - Immunity from liability
Section 29 - Public sector organisations must have internal procedures

Commonwealth Act: Public Interest Disclosure Act 2013
Section 22 prohibits detrimental action against public officials who make protected disclosures. Same as Section 21 NZ Act.
Section 26 provides immunity from civil, criminal and administrative liability for public interest disclosures made under the Act. Equivalent protection to Section 23 NZ Act.

Australia - Model WHS laws

Controller and Auditor-General

Section 28 Ombudsmen Act 1975 - Delegation of powers by Ombudsman

Dr Sharma

Section 103 (1)(k) Employment Relations Act 2000:
Provides right to bring personal grievance for retaliation.

Section 89 Health and Safety at Work Act 2015 - Meaning of prohibited health and safety reason

“Victimisation” search in the Act - Human Rights Act 1993

Section 66 Human Rights Act 1993 -
Victimisation of whistleblower or person making use of rights prohibited

Section 34 COVID-19 Public Health Response Act 2020 - Protection of persons acting under authority of this Act

Section 129 of the Health Act 1956 - Protection of persons acting under authority of Act

School counsellors win $1.8m in damages for workplace stress over student suicides, deaths

2023 NZEmpC 144 Cronin-Lampe v Board of Trustees of Melville
See damages/remedies

Section 21B Accident Compensation Act 2001 (New Zealand):
Discussion of case awarding damages and relevance of section 21B.

Section 142 Employment Relations Act 2000 - Limitation period for actions other than personal grievances
No action may be commenced in the Authority or the court in relation to an employment relationship problem that is not a personal grievance more than 6 years after the date on which the cause of action arose.

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.

Amanda Turner - Fundraiser and info on N8WUNZ website


In Queensland, Australia, the equivalent whistleblower protection legislation is the Public Interest Disclosure Act 2010.
Australia (national) - Commonwealth Public Interest Disclosure Act 2013
Queensland Act: Public Interest Disclosure Act 2010
Section 40 prohibits reprisals against a person because they make a public interest disclosure. This is equivalent to Section 21 of the NZ Act.
Section 41 provides immunity from civil and criminal liability for public interest disclosures made in accordance with the Act. Equivalent to
Section 23 of the NZ Act.

INDUSTRIAL REGISTRY Industrial Court of Queensland and Queensland Industrial Relations Commission Public Interest Disclosure Procedure 2021

Queensland Ombudsman - What is a public interest disclosure?

25 years of whistleblower protection in Queensland

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