Ep 75 N8 Friday 1st Sept - Taking The Kings Shilling

Tonight Liz takes us through the meaning behind the term "Taking the King's Shilling" This is an old term but super relevant to the way in which the government is operating currently and has done for a very long time behind the scenes.

From wikipedia - The King's shilling, sometimes called the Queen's shilling when the Sovereign is female, is a historical slang term referring to the earnest payment of one shilling given to recruits to the Armed forces of the United Kingdom in the 18th, 19th and 20th centuries, although the practice dates back to the end of the English Civil War. To "take the King's shilling" was to agree to serve as a sailor or soldier in the Royal Navy or the British Army. It is closely related to the act of impressment [see wikipedia] The practice officially stopped in 1879, although the term is still used informally and there are some cases of it being used still in the early 20th century, albeit largely symbolically.[5][6]

Timeline:

00:15 Liz: Liz discusses the concepts: Imperial Army under the British crown – King’s Shilling – Earnest Payment – 1649 and the execution of the king – See video 3 on Counterspin where Liz talks about imperial law – Imperial law, military law, maritime law, and land law – The recruiting process and novel incentives

13:58 Liz: The executive and loyal opposition taking the King’s shilling – British Empire modelled on the Roman Empire – Govco - HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND SEC CIK #0000216105 – King’s shilling continued – The modern takers of the King’s shilling – Make pretend happening – WEF trying to takeover – Fascist state: correct definition of when the state and the corporations get together – Maoist ideology – Totalitarianism

17:05 Liz: Connecting the dots on corporation and government happenings – Interview on RCR, Penny Jackson And Matthew Hague: Frontline Law: Taking Fletcher Building To Task – Applicants taking case against Fletchers in Employment Relations Authority – Fletchers approached the Government to schedule their workers - Done by order in council

23:34 Liz: PG in Auckland university case – Risk assessment commissioned by Fletchers is signed off by Epidemiologist Rod Jackson of the University of Auckland – Covid-19 was not a workplace hazard – Risk assessment was applied to all at the uni – Schedule 3A (4) Employment Relations Act 2000 - Provisions relating to COVID-19 vaccinations – Schedule is secondary legislation – Signed off by GG and PM to put the Schedule into the ERA

27:10 Liz: Legislative clues as to why COVID-19 was not a workplace hazard – Section 3 Health and Safety at Work Act 2015 - Purpose, The main purpose of this Act is to provide for a balanced framework to secure the health and safety of workers and workplaces – Contracts between PCBU and workers are private - contract is not with the state – State cannot insert itself into contracts - Section 36 (2) Health and Safety at Work Act 2015 - Primary duty of care – Bringing in a third party, in particular for those working for the state – S. 36 (1)(b) explained

33:15 Liz: PCBU has no responsibility of care when the worker goes home – WorkSafe and NEMA case – Section 3A Health Act 1956 - Function of Ministry in relation to public health – Section 3B Health Act 1956 - Director of Public Health, Bloomfield – Bloomfield was previously working for the UN

36:07 Liz: Note the many repealed sections re the drinking water – Has gone over to another Act

41:14 Liz: Schedule 1AA - Health Act 1956 - Part 1 Provisions relating to Health (Fluoridation of Drinking Water) Amendment Act 2021 – Inserted December 2021 – Can’t medicate population without consent – Case: New Health New Zealand Incorporated v South Taranaki District Council NXSC (59), Fluoride case needs to be overturned

43:33 Liz: Schedule 1, Part 1, Section B, Health Act 1956 - infectious diseases notifiable to medical officer of health – Section 199 Health and Safety at Work Act 2015 - Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury – Health Act 156 should be called Public Health Act 1956

48:47 Liz: What’s the Public Health Response Act doing in workplaces?? Search for PCBU in PHRA – Section 11 COVID-19 Public Health Response Act 2020 - Orders that can be made under this Act – Unlawful and cannot be carried out as it’s public health but the PCBU is a private – Section 192 Health and Safety at Work Act 2015 - Role of designated agencies - Section 191 Health and Safety at Work Act 2015 - Designated agencies - Section 191 (3) 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) – Section 7 Crown Entities Act 2004, Meaning of Crown entity and categories of Crown entities – Section 18 COVID-19 Public Health Response Act 2020 - Authorised enforcement persons – Specialised knowledge is required for the appropriate agency and enforceable under its own powers

54:38 Liz: Section 191 and designated agencies, notice to be put in the Gazette – Examples of specialist knowledge required – There were no designations under s.191 (3)(a-d) – Section 67 Legislation Act 2019 - Subpart 1 - Drafting and publishing legislation – Section 69 (1)(c) and 69 (2), Legislation Act 2019 - PCO must publish all legislation

58:51 Liz: Government departments would have required to be designation to have the powers of WorkSafe – WorkSafe didn’t even have powers to enforce – NZ is not a communist country – The state does not own all of the Workplaces and businesses. The government, the hospitals, etc, belong to the public – People working in them are supposed to be free of overreach – The public/state was overreaching into private space/contracts

01:01:20 Liz: Summing up the taking of the King’s shilling – 1688 Bill of Rights, civil war, religious divisions, non-conformists – Common law – Petition of ancient rites and customs – Commonwealth was the house of commons – Politically appointed judges – Article of Judge taking King’s shilling

01:05:47 Liz: Not one worker was legally mandated – N8 cases update – PCBU had a duty to look at Clause 12A exemption – Clause 12A Power of Minister to grant exemptions - COVID-19 Public Health Response (Vaccinations) Amendment Order 2021 – 103B Employment Relations Act 2000 - Joining controlling third party to personal grievance

01:10:17 Liz: Section 103A Employment Relations Act 2000 - Test of justification – Planned destruction of businesses to make room for AI and more – Breach of contract will go under section 142 Employment Relations Act 2000 - Limitation period for actions other than personal grievances

Content Links

Earnest payment
https://en.wikipedia.org/wiki/Earnest_payment

King's shilling
https://en.wikipedia.org/wiki/King%27s_shilling

Episode starring Liz L - Counterspin Ep. 03 - LAND TO FREEDOM – Recommended viewing all – otherwise go to 29:00 min
https://rumble.com/vgfeqt-counterspin-ep.-03-land-to-freedom.html

Penny Jackson And Matthew Hague: Frontline Law: Taking Fletcher Building To Task - 31 August 2023
https://realitycheck.radio/penny-jackson-and-matthew-hague-frontline-law-taking-fletcher-building-to-task/

Order in council - see zoom Ep 50. 20230602 (F) N8 Premier - Exposing the Treason Documents
Watch 44:00 and 1:11:00
https://rumble.com/v2ro6ku-n8-2nd-june-2023-n8-premier-exposing-the-treason-documents.html

Rod Jackson
https://profiles.auckland.ac.nz/rt-jackson

Schedule 3A (4) Employment Relations Act 2000 - Provisions relating to COVID-19 vaccinations
3 Termination of employment agreement for failure to comply with relevant duties or determination
(4) Before giving a termination notice under subclause (3), the employer must ensure that all other reasonable alternatives that would not lead to termination of the employee’s employment agreement have been exhausted.
https://www.legislation.govt.nz/act/public/2000/0024/latest/LMS606875.html

Schedule 4 COVID-19 Response (Vaccinations) Legislation Act 2021 - New Schedule 3A inserted into Employment Relations Act 2000
https://www.legislation.govt.nz/act/public/2021/0051/latest/LMS603482.html#LMS603482

Section 3 Health and Safety at Work Act 2015 – Purpose
(1) The main purpose of this Act is to provide for a balanced framework to secure the health and safety of workers and workplaces by—
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976667.html?search=sw_096be8ed81d320e7_workers_25_se&p=1

Section 36 (2) Health and Safety at Work Act 2015 - Primary duty of care
(2) A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976895.html

WorkSafe New Zealand v National Emergency Management Agency [2022] NZDC 8020 Published 16 May 2022
https://www.districtcourts.govt.nz/all-judgments/2022-nzdc-8020-Worksafe-new-zealand-v-national-emergency-management-agency/
https://number8.org.nz/wp-content/uploads/2023/06/2022-NZDC-8020-worksafe-v-NEMA.pdf

Section 3A Health Act 1956 - Function of Ministry in relation to public health
https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html#DLM306476

Section 3B Health Act 1956 - Director of Public Health
https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html#DLM306478

Section 71 Health Act 1956 - Powers of medical officer of health
https://www.legislation.govt.nz/act/public/1956/0065/121.0/DLM307201.html

Part 3A Health Act 1956 - Management of infectious diseases, Subpart 1—Overarching principles - 92A Principles to be taken into account
https://www.legislation.govt.nz/act/public/1956/0065/121.0/DLM7086876.html

Section 92B Health Act 1956 - Paramount consideration
The paramount consideration in the application of the principles in sections 92C to 92H is the protection of public health.
https://www.legislation.govt.nz/act/public/1956/0065/121.0/DLM307410.html

Section 92C Health Act 1956 - Respect for individuals
https://www.legislation.govt.nz/act/public/1956/0065/121.0/DLM307414.html

Section 92D Health Act 1956 - Voluntary compliance
https://www.legislation.govt.nz/act/public/1956/0065/121.0/DLM307418.html

Watch zoom Ep 24. 20230301 (W) The Legal Trap Begins to Close
33:01 Liz: Overarching principles -92A, 92B, 92C respect for
Individuals, 92D Voluntary compliance
https://rumble.com/v2ben0w-1st-march-23-n8-the-legal-trap-begins-to-close.html

Section 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

Schedule 1AA - Health Act 1956 - Part 1 Provisions relating to
Health (Fluoridation of Drinking Water) Amendment Act 2021
https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html#LMS629882

New Health New Zealand Incorporated v South Taranaki District Council NXSC(59) – Fluoride case
High Court Ruling 2014
https://fluoridefree.org.nz/wp-content/uploads/2023/03/Fluoridation-High-Court-Ruling.pdf
Appeal Court Ruling 2016
https://fluoridefree.org.nz/wp-content/uploads/2023/03/Legal-Court-of-Appeal-Ruling-Sep-2016.pdf

https://fluoridefree.org.nz/fluoridation-is-compulsory-medical-treatment-nz-supreme-court-rules-june-2018/
https://fluoridefree.org.nz/can-people-sue-councils-or-dhbs-for-fluoridating-the-water/
https://www.stuff.co.nz/taranaki-daily-news/news/105048182/taranaki-council-wins-legal-fight-to-put-fluoride-in-water Wrongly decided case as mentioned by Liz
https://www.tompkinswake.com/insights/knowledge/supreme-court-upholds-councils-power-to-fluoridate-water/
https://www.odt.co.nz/star-news/star-lifestyle/waverley-water-fluoridated-first-time-new-water-treatment-plant-opens 2020

Schedule 1, Part 1, Section B, Health Act 1956 – infectious diseases notifiable to medical officer of health https://www.legislation.govt.nz/act/public/1956/0065/latest/whole.html#DLM308729

Section 199 Health and Safety at Work Act 2015 - Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977194.html

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

Search for PCBU in COVID-19 Public Health Response Act 2020
https://www.legislation.govt.nz/act/public/2020/0012/latest/resultsin.aspx?search=sw_096be8ed81d9f793_pcbu_25_se&p=1

Section 192 Health and Safety at Work Act 2015 - Role of designated agencies
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977184.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 5 Public Service Act 2020 – Interpretation - public service chief executive or chief executive
https://www.legislation.govt.nz/act/public/2020/0040/latest/LMS356868.html#LMS356868

Section 7 Crown Entities Act 2004, Meaning of Crown entity and categories of Crown entities
https://www.legislation.govt.nz/act/public/2004/0115/latest/DLM329641.html#DLM329641

Section 54 Public Services Act 2020 - Duty to act independently in employment matters
https://www.legislation.govt.nz/act/public/2020/0040/latest/LMS197841.html

Section 18 COVID-19 Public Health Response Act 2020- Authorised enforcement persons
https://www.legislation.govt.nz/act/public/2020/0012/latest/LMS344191.html

Zoom on enforcers - Ep 69. 20230811 (F) The Crown Cheats At Simon Says Pt 2
https://rumble.com/v36nmu4-ep-69-n8-11th-august-2023-the-crown-cheats-at-simon-says-part-2.html

Section 67 Legislation Act 2019 - Subpart 1 - Drafting and publishing legislation
https://www.legislation.govt.nz/act/public/2019/0058/latest/DLM7298343.html#DLM7298343

Section 69 (1)(c) and 69 (2), Legislation Act 2019 - PCO must publish all legislation
https://www.legislation.govt.nz/act/public/2019/0058/latest/DLM7298353.html

Section 9 WorkSafe New Zealand Act 2013 - WorkSafe New Zealand’s main objective
(1)WorkSafe New Zealand’s main objective is to promote and contribute to a balanced framework for securing the health and safety of workers and workplaces.
https://www.legislation.govt.nz/act/public/2013/0094/latest/DLM5302054.html

Section 54 Public Services Act 2020 - Duty to act independently in employment matters
https://www.legislation.govt.nz/act/public/2020/0040/latest/LMS197841.html

Bill of Rights 1688
https://www.legislation.govt.nz/act/imperial/1688/0002/12.0/DLM10993.html

Article of Judge taking King’s shilling
https://heinonline.org/HOL/LandingPage?handle=hein.journals/amlr42&div=67&id=&page=

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

103B Employment Relations Act 2000 - Joining controlling third party to personal grievance
https://legislation.govt.nz/act/public/2000/0024/latest/LMS363779.html

Section 103A Employment Relations Act 2000 - Test of justification
https://legislation.govt.nz/act/public/2000/0024/latest/DLM60327.html

Schedule 3A (4) Employment Relations Act 2000 - Provisions relating to COVID-19 vaccinations
3 Termination of employment agreement for failure to comply with relevant duties or determination
(4) Before giving a termination notice under subclause (3), the employer must ensure that all other reasonable alternatives that would not lead to termination of the employee’s employment agreement have been exhausted.
https://www.legislation.govt.nz/act/public/2000/0024/latest/LMS606875.html

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. https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM60902.html

ADDITIONAL:

January 1649: An Act prohibiting the proclaiming any person to be King England or Ireland, or the Dominions thereof.
https://www.british-history.ac.uk/no-series/acts-ordinances-interregnum/pp1263-1264
https://en.wikipedia.org/wiki/Act_prohibiting_the_proclaiming_any_person_to_be_King_of_England_or_Ireland,_or_the_Dominions_thereof

Schedules
https://www.stylemanual.gov.au/referencing-and-attribution/legal-material/schedules

Ep 24. 20230301 (W) The Legal Trap Begins to Close
33:01 Liz: Overarching principles -92A, 92B, 92C respect for Individuals, 92D Voluntary compliance
https://rumble.com/v2ben0w-1st-march-23-n8-the-legal-trap-begins-to-close.html

Example of Clause 12A exemption application
https://www.transport.govt.nz/assets/Uploads/Application-Exemption-from-COVID-19-Public-Health-Response-Vaccination-Order-2021-clause-12A.pdf