Ep 33 N8 31st Mar 23 - The Battering Ram - HSWA s191

Tonight Liz explains how HSWA s191 clearly outlines how legal processes where not followed for legislation around covid 19

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Timeline:
00:55 Liz: § 191 Health and Safety at Work Act 2015, Designated agencies - COVID-19 is not an occupational disease - quote US case New York State Supreme Court Judge Invalidates COVID-19 Vaccine Mandate – Biden Mandate/executive order - US started with five groups then kept adding

03:50 Liz: “Example” info relevant to member who worked for Air New Zealand - COVID-19 Public Health Response (Vaccinations) Order 2021, Schedule 2 Groups of affected persons and relevant requirements, Part 5: Groups in relation to aircraft - Order came in 5 mins to midnight 30th April 2021 by Associate Minister of Health Ayesha Verrall not the Minister of Health

05:38 Liz: Health Act 1956 Schedule 1 Part 3 - Quarantinable infectious diseases - COVID-19 designated 11 of March 2020 - Look at cases that didn’t win for judges remarks - § 92 I (5) Health Act 1956, in no case was a person to be vaccinated without their informed consent - E, airport could have granted exemptions

09:01 Liz: Clause 9 Exceptions - Exemptions Clause 12A Power of Minister to grant exemptions - The regulator of all matters under the health and Safety Work Act is WorkSafe - Delegated ‘designations’ must be gazetted § 191 (2) Health and Safety at Work Act 2015 - (3) The agencies are (a) the chief executive of a department or departmental agency (within the meaning of section 5 of the Public Service Act 2020): …

11:35 Liz: §168 (4) Health and Safety at Work Act 2015 - specifically prohibits the collection or inspection of any documents that identify the health status of a worker that may then be used in any way without the consent of the worker - Revisit last Friday 20230324 (F) Rout of the Enemy about getting case for information on those registered gathered up and destroyed

13:02 Liz: Made actions on order void ab initio - GF v Minister of COVID-19 Response [2021] NZHC 2526 - Judicial review - Case - Section 11 COVID-19 Public Health Response Act 2020 - Orders that can be made under this Act - Waiting on mediations and have one in the courts

16:49 Liz: Importance of looking at judicial review cases as they provide insight from judges – Look at winning and losing cases - Liz discussed judicial review of GF v Minister of COVID-19 Response [2021] NZHC – Not signed of as Order in Council

21:49 Liz: Lawyer tactics - Threat to strike out – Using “insist” – Importance of the HSWA

24:55 Open chat: Geoff discussing bouncy castle and council $10k compensation, Liz analysis

29:41 Liz: Vicarious liability – Discrimination :) lol – Sue council?

33:27 WorkSafe – Open chat – Mike Bull and UK 15 minute cities – Hamilton 20 minute city – Get control of the workplace, make people feel safe & beyond

38:38 Liz: Air New Zealand put 200,000 passengers CVC details onto the frequent Flyer database, tracking capabilities - Terrorist designations in New Zealand that have been produced by the Security services – Liz breaking down the Turner case

52:54 Member: Covid fines dropped in Australia

1:01:34 Liz: Quarantine was a deprivation of freedom – Australians penal colony past – read book “The Fatal Shore” about the people being shipped out from the UK to Australia - Henry VIII clauses & the rule of law – Minister in Medicines Act 1986 - Australian equivalent of the Gazette, ACT Legislation Register

1:06:24 Liz: Henry VIII clause in the GF v Minister of COVID-19 Response [2021] NZHC 2526 case v – Liz “It's about the way the executive basically has been running Parliament, not the other way around, and using all of these clauses to basically change using secondary law to change primary law and it was, and it's rife in Australia and New Zealand and especially.”

Content links:

§ 191 Health and Safety at Work Act 2015 - Designated agencies
The Prime Minister may designate an agency listed in subsection (3) as a designated agency, having regard to the specialist knowledge of that agency
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977182.html#DLM5977182

New York State Supreme Court Judge Invalidates COVID-19 Vaccine Mandate
https://www.hancocklaw.com/publications/healthcare-law-alert-new-york-state-supreme-court-judge-invalidates-covid-19-vaccine-mandate/

January 20, 2022
https://www.akerman.com/en/perspectives/us-supreme-court-strikes-down-administrations-vaccination-or-testing-mandate-for-large-employers.html

COVID-19 Public Health Response (Vaccinations) Order 2021, Schedule 2 Groups of affected persons and relevant requirements, Part 5: Groups in relation to aircraft
https://www.legislation.govt.nz/regulation/public/2021/0094/18.0/LMS487909.html

43rd Minister of Health 2023 Ayesha Verrall – previously associate Minister of Health.
https://en.wikipedia.org/wiki/Ayesha_Verrall

Health Act 1956 Schedule 1 Part 3 - Quarantinable infectious diseases - COVID-19:
amended, on 11 March 2020, by clause 3(2) of the Infectious and Notifiable Diseases Order (No 2) 2020 (LI 2020/31).
https://www.legislation.govt.nz/act/public/1956/0065/latest/DLM308729.html

§ 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

Clause 9 Exceptions - COVID-19 Public Health Response (Vaccinations) Order 2021
https://www.legislation.govt.nz/regulation/public/2021/0094/18.0/LMS487897.html?search=sw_096be8ed81ab63f3_exception_25_se&p=1&sr=1

Clause 12A Power of Minister to grant exemptions - COVID-19 Public Health Response (Vaccinations) Amendment Order 2021
https://www.legislation.govt.nz/regulation/public/2021/0182/latest/LMS519345.html

§ 191 (2) & (3) Health and Safety at Work Act 2015
(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

§168 (4) Health and Safety at Work Act 2015 - Powers of entry and inspection
(4) Despite subsection (1)(e), if all or any part of the information relates to a person’s health status and identifies the person, an inspector must not, without that person’s consent,—
(a) require the production of information; or
(b) examine the information; or
(c) make a copy of, or take an extract from, the information.
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977151.html

Void ab initio
https://fotislaw.com/lawtify/difference-between-void-voidable-and-void-ab-initio/

GF v Minister of COVID-19 Response [2021] NZHC 2526 - High Court – Judicial review – COVID-19 – Border worker – Vaccinations Order

https://www.courtsofnz.govt.nz/assets/cases/2021/2021-NZHC-2526.pdf

3 A “Henry VIII clause” is a provision in delegated legislation such as the Vaccinations Order, authorising the overriding of primary legislation such as an Act of Parliament. See Phillip Joseph: Joseph on Constitution and Administrative Law (5th ed, Thomson Reuters, Wellington 2021) at 26.5.1.

Spotlight on COVID-19 related judicial review cases - Friday, June 17, 2022
https://duncancotterill.com/publications/spotlight-on-covid-19-related-judicial-review-cases-0

Cases of interest: September 2021: A summary of interesting or topical employment cases - GF v Minister of COVID-19 Response [2021] NZHC 2526
https://www.employment.govt.nz/about/employment-law/cases-of-interest/september-2021/

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/LMS344177.html Very interesting link - recommended reading

Section 11 New Zealand Bill of Rights Act 1990 - Right to refuse to undergo medical treatment
https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM225509.html

Judicial Review Procedure Act 2016
https://www.legislation.govt.nz/act/public/2016/0050/latest/whole.html

Order in Council
https://en.wikipedia.org/wiki/Order_in_Council

13 notices found under "Order in Council"
https://gazette.govt.nz/home/NoticeSearch?act=Order+in+Council&soloRedirect=false

Terrorist designations in NZ
https://www.police.govt.nz/advice/personal-community/counterterrorism/designated-entities/lists-associated-with-resolution-1373

Terrorists Entities on NZ Gazette https://gazette.govt.nz/notice/id/2022-go3689

Henry VIII clauses
HENRY VIII CLAUSES: THEIR PLACE IN MODERN NEW ZEALAND
https://researcharchive.vuw.ac.nz/xmlui/bitstream/handle/10063/6303/paper_access.pdf?sequence=2

Henry VIII clauses & the rule of law – Australia
https://www.ruleoflaw.org.au/wp-content/uploads/2012/08/Reports-and-Pres-4-11-Henry-VIII-Clauses-the-rule-of-law1.pdf

THE USE OF “HENRY VIII CLAUSES” IN QUEENSLAND LEGISLATION hhttps://documents.parliament.qld.gov.au/committees/SLC/1997/Report003.pdf%20 - Excellent download
A “Henry VIII clause” is a clause in an Act of Parliament which enables the Act to be amended by subordinate or delegated legislation.

Medicines Act 1986 NZ – Ministers
https://www.legislation.govt.nz/act/public/1981/0118/latest/resultsin.aspx?search=sw_096be8ed81c5751b_minister_25_se&p=1

Government Gazettes: Commonwealth of Australia
https://www.nla.gov.au/research-guides/finding-government-gazettes/finding-government-gazettes-commonwealth

From the chat:
https://www.stuff.co.nz/waikato-times/news/300843731/thamescoromandel-dc-to-pay-10000-to-dad-injured-in-bouncy-castle-collapse

https://hamilton.govt.nz/your-council/news/growing-hamilton/a-20-minute-life-changer

Smoke and Mirrors book https://www.facebook.com/edfitzgeralduk/

Magna Carta Libertatum (Medieval Latin for "Great Charter of Freedoms"), commonly called Magna Carta (also Magna Charta; "Great Charter")

About ACT legislation https://www.legislation.act.gov.au/Static/UsefulResources/About/about_act_legislation.html
Legislation on the register—Acts and legislative instruments
"Subordinate legislation (i.e. regulations and disallowable instruments) is made by the Executive. It generally operates from the day after the day that it is notified on the ACT Legislation Register. It also operates until such time as it is disallowed by the Legislative Assembly. "