Ep 100 N8 Christmas Special Fri 22nd Dec 2023

Join Us For Our Latest Rumble!!
Our 100th Episode Christmas Special

1 – 00:00:00 – The main speaker is Liz Lambert, president of the Number 8 Workers’ Union of New Zealand. This is the 100th+ zoom meeting over the last 2 years discussing worker rights issues.
- Liz thanks all those who have watched and supported their efforts, keeping the work relevant.
- Discussion highlighting some of the notable guests who have joined zooms over time, including Cheryl, Emma, Erika, Geoff Waterhouse, Steve Oliver, Allan Halse, Ants Haines, Irene and Amanda Turner.
- Erika played a key role in pursuing OIAs and setting legal precedents around exemptions.
- Around 50 cases have been settled through mediation already, in addition to cases progressing through authorities and courts.
- The union has gained important legal knowledge and test cases that will help strengthen future cases. Their work has also led to discoveries around New Zealand's constitution and bill of rights protections. Health and Safety Work Act and the Whistleblowers Act are probably the heroes of 2023.
- There will be a short break over Christmas before ramping back up with more authority cases in January.

2 – 00:25:26 – Thanks several guest speakers who have joined the meetings over the last two years, including Brendan and Steph from Lone Star OHS.
- Discusses taking a break over Christmas and having court cases resuming in February. Hopes to get an expert witness Chris Lind involved in future cases.
- Mentions Sam Picknel potentially joining for employment law cases. Plans to pursue cases around breach of contract, whistleblower protections and challenging health status declarations.
- Explaining the difference between unjustified dismissal and disadvantage grievances under the Employment Relations Act.
- Discussion on the hierarchy of legislation and that secondary legislation like public health orders cannot override primary acts like the Employment Relations Act.
- Robin shares sending a painted necklace as a gift and her experience taking on the Human Rights Commission over council worker issues.
- Acknowledges the work of Karen Glass and Dora Smith in researching exceptions and exemptions that helped workers keep their jobs.
- So in summary, it touches on past speakers, upcoming legal plans and strategies, debates the relationship between different laws, and acknowledges individuals who have supported the advocacy efforts.

3 – 00:55:12 – A member thanks Liz, Emma and Erika for their help with a mediation. Appreciates their assistance.
- Mentions a friend who works in real estate got very sick from not being allowed to work without vaccination. Notes real estate agents are independent contractors.
- Discusses a radio interview mentioning New Zealand exemptions and whistleblowers. Texas attorney general plans to sue Pfizer for up to $1 trillion.
- Debates the legality of contracts signed by governments with Pfizer and ability to hold them accountable. Notes NZ legislation prevents ministers claiming vaccines are "safe and effective."
- Iceland now charging for COVID vaccines and offering incentives like discounts for bringing friends.
- Thanks the N8 union for their hard work over the year. Hopes cases will continue in 2023.

4 – 01:14:26 – Discussing Mary Hobbs, a nurse, writer and photographer who wrote about smoking gun data leaks. She was interviewed by Rodney Hyde.
- Mention of whistleblowing information being shared.
- Suggest having a future zoom to help people prepare timelines of events for legal claims regarding issues from mandates/COVID policies.
- General open chat
CONTENT LINKS
Protected Disclosures (Protection of Whistleblowers) Act 2022:
Current New Zealand law protecting whistleblowers from reprisals. It came into force in July 2022.
https://www.legislation.govt.nz/act/public/2022/0020/latest/LMS301283.html

Section 103 (1) (a) Employment Relations Act 2000:
Personal grievance
https://www.legislation.govt.nz/act/public/2000/0024/latest/whole.html#DLM60322

Health and Safety at Work Act 2015
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977026.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/2015/0070/latest/DLM5976660.html

OTHER

Henry VIII clauses
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.
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 https://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.

FUNDRAISERS
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/

Come help us celebrate the huge in roads we all have made over the last 12 months
We want to give Liz a huge thank you for her tireless efforts to support workers and business owners throughout New Zealand
Also a massive thank you to Number 8's amazing advocates and admin staff - you know who you are - once again working tirelessly behind the scenes bringing justice to Number 8 Union members.
Merry Christmas to all of our wonderful Number 8 Union members and all our dedicated supports and fans - We greatly appreciate your help in getting this vital information out there which enables us to be empowered in the face of adversity and uncertainty
Enjoy this wonderful zoom and please share!