Newsletter #6 – July 18th, 2022
NZTSOS Newsletter #6 July 18th, 2022
FROM THE CHAIR
Greetings to the family of NZTSOS; and yes, I am going to be presumptuous and call you whanau. I think over the last eight months we have all gone through hardship of soul and so together we have formed a battle wary family. Though these months at times have been devastating on so many levels, the people we have met on this journey have restored my faith in New Zealand and humanity as a whole.
When the mandates were announced in October last year I remember thinking that this could not and would not happen because this was NZ, my home and a place where we stood for each other. When everything hit, I think many were stunned by those who enforced this process and treated their own people (under the orders of the PM) as a separate class. I just want to say I am honoured to have been in this battle with you all. Each of you have faced your own problems the best way that's been right for you. This government has tried its hardest to separate and keep people fighting amongst themselves to their own end, but we now have a strong group who are united in standing together against the overreach of the government and the idiotic measures they have tried to enforce.
Thank you to those who have stood firm and held the line at great cost to yourselves. Thank you to the members who have had no choice but to stay in the system, but have been a voice of reason in the dark of day. Thank you to those brave enough to have gone back and faced the criticism and backlash for your stand and thank you members who have started to forge a new path. All of you are incredibly brave and we at NZTSOS are very honoured to have you as members of this incorporated society. We as a society are still fighting in your corner. We have multiple projects that the steering group are working on, for you. We have the appeal; a big “HELL NO” back at the courts for the wrong decision that was made in March. We have another court case being explored with all the professional groups joining forces. In the last few weeks letters have been sent out to PPTA, the Ministry of Education and the Teaching Council of NZ all demanding action of some kind for our members. We will continue to keep fighting on your behalf. We thank you for your support in this fight together.
Rachael Mortimer
NZTSOS Chairman
APPEAL UPDATE
"We are excited! Last week we instructed our solicitors McKenna King to put together the case of appeal and apply for a hearing date. There are four specific grounds of appeal. The first being that the High Court erred in law when determining that the right to refuse medical treatment under s 11 of the New Zealand Bill of Right Act 1990 ('the right') was not absolute. (See court documents attached)
Would you share our appeal on your social media platforms and by email? All you have to do is click on this link and then hit the share button!
As appellents we seek the following judgement from the Court of Appeal: That the appeal be allowed, that the High Court's judgement be reversed and the COVID-19 Health Response (Vaccinations) Order 2021 be declared invalid!
Our goal with this appeal is to protect the future of human rights in New Zealander for everybody. Currently under the Covid-19 Public Health Response Act 2020, a small group of unelected individuals can mandate that whole sectors of people must be injected or lose their jobs if they deem it to be a public health measure. Unless the law is changed, Government overreach will increase and gain more power and control in the future.
You can be part of breaking the complacency by sharing the message. Be part of the awakening!"
NZTSOS Appeal Working Group
NZTSOS HEALTH AND SAFETY OIA REQUEST FINALLY RECEIVED AFTER SIX MONTHS
I’m a teacher from Hawke's Bay who was mandated out of his job in November and am on the Steering Group for NZTSOS. In late January I submitted an OIA request of the Ministry of Health (MOH) for details of the Health and Safety risk assessment carried out by the MOH in advance of the mandate, since the Ministry of Education (MOE) hadn't done one, and suggested I ask the MOH. I also asked for the peer reviewed literature referred to in making the assessment, and, that if the MOH had deemed the mandate to trump the Health and Safety regulations 2015, what was the legal advice that allowed that determination.
After six months, the full request has been responded to. The MOH said that they do not keep peer reviewed literature, but provided links to already publicly available papers. They referred me to the Medsafe website, and the details of Medsafe's approval process, as well as already publicly available information about safety and efficacy. They did, however, say that there was no risk assessment carried out, as this was not necessary, being an Order under the Covid-19 Public Health Response Act 2020. After several more weeks, they also answered the last question as to the legal basis. The answer was that under the Act: "section 13(1) of the Act provides that a COVID-19 order may not be held invalid just because it is, or authorises any act or omission that is, inconsistent with the Health Act 1956 or any other enactment relevant to the subject matter of the order."
In summary, the mandate did not require a risk assessment to be carried out, which was legal under the Covid-19 Public Health Response Act 2020.
Remember that when you have to fill in RAMS forms for a trip to the dairy.
John Goodhind
NZTSOS Steering Group
