Ep 107 N8 9th Feb Puppet Strings become Visible

In this zoom - Liz takes us for a fascinating deep dive in to one our N8 super duper OIAs related to Section 191 of HSWA. This OIA clearly shows that most gvt agencies had no designation under section 191 to carry out any C19 mandates, enforcement lockdowns etc.


Staggering!


N8 seems to the lone voice in the wilderness with this! Most other legal (so called) professionals are asleep at the wheel. 




We also take a lot at two other OIAs which have been bought together on a spreadsheet to show the names of jab administrators such as medical clinics, pharmacies, marae, jab buses and so on and the dollars per jab they have been paid for dishing out the poison. 
The figures are nuts - tens of thousands to millions. Oh how money hungry these people are! They are in the firing line big time now with the outcome of the recent Australian case “Shepherd v The State of South Australia in right of Child Protect” where a worker injured by the poison has won his case against his employer as his jab injury is a workplace injury - This has blown the door wide open for court cases all over the world!


please support Number 8 by being a paid member - even if you do not have an employment problem - think of it as a great insurance policy and you will also be supporting those that have current cases. 


You can also make a donation here - TSB account Number 8 Workers’ Union Inc 15-3968-0114433-00




Thanks so much!

TIMELINE, SHOWNOTES & CONTENT LINKS

Section 1 – 00:00:00
- Intro and explanation of the title “Puppet Strings become Visible” and ultra vires actions of the employers.
- Summarising Butler v Shepherd, the employment case from 2011 where employee/Butler sued the University of Auckland (crown agent)over workplace issues and complaints. Butler decided to take the case to the High court rather than the employment authority.
- Butler also argued his right to freedom of speech under the Bill of Rights Act was violated. - The court ruled that an employment contract is not considered a "function" under section 3B of the BORA, so employees cannot use BORA arguments in employment cases. Additionally his judicial reviews were struck out.
- This ruling was cited in later cases like Turner to block employees from using BORA rights.
- Overview of the case Liz is arguing in a current Court of Appeal case that employers do have a "duty" to be a good employer, which could be considered a function under the BORA. This duty has never been properly tested.
- Discussion on the relevance of the Mighty River Power case. The Mighty River Power case involved a union contract incorporating section 11 of Bill of Rights (expressed term). The court recognised this could apply in employment contracts, but in the end they didn’t win and that was justified under Section 5.
- If successful, it would allow public sector employees to argue violations of their BORA rights in employment disputes, as the Public Service Act also references rights under the BORA. Section 22 PSA 2020 Rights and freedoms of public service employees.
- Practice developing the BORA duty arguments as the Union awaits the Court of Appeal's decision on whether to fully hear the Turner case. Leave to appeal stage but will find out in March.

Section 2 – 00:13:49
- The Bill of Rights Act is seen as New Zealand's key constitutional law that outlines citizens' rights and sets standards for how government should operate.
- The BORA places limits on the executive, courts and Parliament to prevent them overstepping individual rights. It’s their set of rules!! Recent government actions may have breached these rights.
- Boxes (bound authority) and strings (legislation) example.
- Section 191 of the Health and Safety at Work Act (string) allows some agencies to take on powers usually held by WorkSafe NZ as the regulator.
- An Sept 2023 OIA request by Erika revealed several agencies had Section 191 designations extending their regulatory powers, including Maritime NZ and the Civil Aviation Authority (CAA).
- View the OIA and Gazette designation notices provided/not provided by MBIE OIA response https://gazette.govt.nz/notice/id/2016-go958
- The CAA's 2015 designation covered the aviation sector except military flights. It granted all of WorkSafe's functions and powers regarding aircraft workplaces. Kirsten Hewlitt CEO was the CAA authority person designated for granting 12A exemptions.
- Issues were raised that the CAA purported to exercise oversight beyond just aircraft workplaces as defined, overstepping its designated authority.
- Proper designations that clearly define an agency's extended powers and scope are important constitutional 'strings' that empower agencies to take certain actions. an important legal precedent.

Section 3 – 00:29:24
- The discussion questions whether agencies like Maritime NZ and the Civil Aviation Authority properly acted within their designated powers under Section 191 of the HSWA when enforcing COVID measures. Listen to Erika’s nail file and gasoline explanation as to the powers of CAA under the HSWA 2015.
- An agency's powers are defined by legislation/statutory instruments and going beyond this scope would be considered "ultra vires" or outside their lawful authority.
- The CAA's 2016 designation only applied to aviation workplaces like aircraft, not the broader ports and airport areas they purported to regulate.
- Similarly, Maritime NZ's 2016 designation was limited to ships and work on board ships, not ports. However they have updated the designation 2023 to include ports, which is too late for them as it doesn’t work retrospectively https://gazette.govt.nz/notice/id/2023-go3992
- How the Shepherd v The state of South Australia (In Right of the Department For Child Protection) determination is relevant in NZ re vax injury being a workplace injury. Reference to why the section 83 notices were given to bosses initially.
- Issues are raised about businesses like Foodstuffs requiring vaccinations still. As accredited employers under the ACC scheme, it could create workplace injury liabilities. This could dissuade their woke agenda. Liz to go for a declaration from the employment court about employers being unable to request vax status in advertising for jobs.
- Austin v Silver Fern Farms Ltd [2014] NZEmpC 88 - Employer duties of care case example discussed. Silver Fern Farms Ltd (SFFL) were accredited employers. Judge allowed late PG submission due to SFFL’s conduct in persuading the withdrawal of the work injury claim and subsequent treatment of the plaintiff.
- A “mock” infringement notice from the Ministry of Health is discussed, citing the non-existent "Fish Acts 1996" implying they lacked proper enforcement powers. MOH as controlling third party.
- References are made to relevant case law establishing employers' duties of care and that COVID could constitute a workplace hazard in some contexts.
- See the transcript document titled “COVID-19 RESPONSE VACCINATIONS LEGISLATIONBILL 3rd reading” and discussion that the government has to get the empowering provisions right in order to fine people.
- An OIA was submitted questioning the Ministry of Health's issuance of fines and designation as a regulator under Section 191. Awaiting response…following the money!!!

Section 4 – 00:50:05
- An Excel spreadsheet is shown containing data from an OIA response, listing locations that received COVID vaccine doses from July 2020 along with the number of doses and estimated payment amount assuming $36.05 per dose. Receipt and Dispatch Data - OIA CRM0401037 July 2023
- Over 1400 locations are listed, with some receiving thousands or tens of thousands of doses. Total doses received were over 13 million, equating to an estimated $484 million in payments.
- Examples are discussed of payments made to specific pharmacies and medical centres around New Zealand based on the number of doses they received.
- Concerns are raised that locations may not have had adequate trained staff to administer vaccines but hired temporary workers for the financial incentive.
- An example is given of a mobile vaccinator allegedly providing just 30 minutes training before administering vaccines to school children for $50 each, without proper oversight.
- It is suggested the data obtained could potentially identify problems and be used to investigate improper administration of vaccines for financial gain.
- The large sums of public money involved in the vaccine rollout are criticized as "blood money" given associated health issues. Further transparency around payments is called for.

Section 5 – 01:05:15 OPEN CHAT
- Further discussion on which pharmacies made bank and ability to track batch numbers. Barry Young’s data is discussed re death stats.
- Accredited employers under ACC stand in for ACC and take on risks/liabilities for workplace injuries but pay discounted levies. They bear full responsibility for injuries/costs.
- An example is discussed of a worker seriously injured on the job who is being denied proper compensation and medical care by the employer's private insurer, despite obvious fault. Suggestions are made that the union-provided lawyer may be compromised and not properly advocating for the injured worker.
- The courts can review disadvantage and contract breach against accredited employers, even if insurance matters go to District Court. Reference to the $2M court case (Cronin-Lampe v Board of Trustees of Melville High School)
- Freezing work carries risks and serious injuries could occur, though intentional self-harm for insurance payouts is doubted.
- Life insurers may deny claims if injuries arise from voluntary medical interventions like vaccines.
- Many open legal issues remain around liability, compensation and oversight of accredited employers taking on injury risks. The situation is still developing in a "Wild West" environment.

Section 6 – 01:21:26 OPEN CHAT
- Conversations are discussed between unions and the World Economic Forum looking to control stakeholders like unions. Video evidence exists of this cooperation.
- Farmers across Europe are protesting major cuts to farming being pushed by the WEF using climate change as an excuse. They are blockading cities with thousands of tractors.
- The protests are being heavily suppressed in mainstream media coverage according to alternative sources.
- Putin is described as an intelligent former KGB agent, and his interview with Tucker Carlson discussing Russia and the oligarchs is recommended viewing.
- Under Soviet rule, state factories and assets were privatized and stripped, which Putin opposed and took action against the oligarchs involved.
- Submissions are being sought by the Royal Commission investigating the government's COVID response. The union is still deciding whether to make a submission focused on rule of law issues.
- Maintaining the rule of law principle is important to prevent unjust overreach of power by governing bodies beyond their proper authority.

CONTENT LINKS

Section 1
Jesse Waiariki Temanava Butler v Martin Shepherd Hc Ak
https://nz.vlex.com/vid/jesse-waiariki-temanava-butler-793537537

Electrical Union 2001 Incorporated, Dean Gregory Cowell V And Mighty River Power Limited
https://www.disputestribunal.govt.nz/assets/20

13-NZEmpC-197-Electrial-Union-2001-Inc-and-Anor-v-Mighty-River-Pow.pdf
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

Public Service Act 2020 (New Zealand) - Section 22 (1) Rights and freedoms of public service employees
(1) This section acknowledges that public service employees have all the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 in accordance with the provisions of that A https://www.legislation.govt.nz/act/public/2020/0040/latest/LMS356882.html

Section 2

Health and Safety at Work (Civil Aviation Authority of New Zealand) Agency Designation 2015
https://gazette.govt.nz/notice/id/2016-go958

Health and Safety at Work (Maritime New Zealand) Agency Designation 2015
https://gazette.govt.nz/notice/id/2016-go957

Shepherd v The State of South Australia (in right of the Department for Child Protection) [2024] SAET 2
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html

Stuart Clive Austin v Silver Fern Farms Ltd [2014] NZEmpC 88 - Employer duties of care case example
https://www.justice.govt.nz/assets/2014-NZEmpC-30-Austin-v-Silver-Fern-Farms-Ltd.pdf

Erika’s OIA re MOH fines
https://fyi.org.nz/request/25596-fines-you-have-issued-under-covid-and-s191-designation-under-hswa#incoming-95954

Receipt and Dispatch Data - OIA CRM0401037 July 2023
https://number8.org.nz/wp-content/uploads/2024/02/Receipt-and-Dispatch-Data-OIA-21339-CRM0401037-Summary-3.pdf

2023 NZEmpC 144 Cronin-Lampe v Board of Trustees of Melville
A recent employment court case awarding over $1.79 million in damages is discussed as potentially relevant for breach of contract claims. Pecuniary loss.
https://www.employmentcourt.govt.nz/assets/
Documents/Decisions/2023-NZEmpC-144-Cronin-Lampe-v-Board-of-Trustees-of-Melville-High-School.pdf
See damages/remedies
https://www.justice.govt.nz/assets/Documents/Decisions/2023-NZEmpC-221-Cronin-Lampe-v-BoT-of-Melville-High-School-No-2.pdf

Ep 104 N8 Fri 19th Jan 2024 C19 IS NOT a Workplace Hazard & ACC the door to vax injrd claims
https://rumble.com/v483pht-ep-104-n8-fri-19th-jan-2023-c19-is-not-a-workplace-hazard-and-acc-the-door-.html

Quiz 107 - https://poe.com/s/cjrjkhm312lIoNsfKMsg