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Tonight Liz takes us through now Attorney General Judith Collin’s clip on YT where Judith speaks about ministries, such as MoH, are creating legislation without them having any law training or legal right to draft. Legislation states that this must be done by the parliamentary law office.

This is likely being pushed Ministry of Business Innovation and Employment

When you take even a brief look at what has been happening it is clear the parliament if being held to ransom by the public service!!
Liz shows the connection to HSWA and Health Act 1956

Another stunning lesson in law not to be missed!

Judith clip https://youtu.be/4_gRzeLvybU?si=YMC9G63vjftx63nO

TIMELINE
1 – 00:00:00
Liz is recapping a previous zoom call from December about legal challenges and pushbacks related to Covid legislation.
- A clip is played of Judith Collins, former Attorney General, criticizing Covid legislation for not being properly scrutinized and drafted by ministries instead of the proper legal offices. Under the Legislation Act 2019, it's always got to be the Parliamentary Council office.
- Collins says the legislation was drafted like communications material instead of proper legal documents. It used vague terms and was not up to proper standards.
- Liz agrees with criticisms and believes cases will find the legislation exceeded legal authority, especially around vaccine mandates in workplaces.
- Subpart 1 - Drafting and publishing legislation – Section 69 (1)(c) and 69 (2), Legislation Act 2019 - PCO must publish all legislation
- Previous submissions argued the proper authorizing legislation was the Health Act 1956, not what was used, and that law does not allow mandatory medical procedures under section 92. Secondary legislation (orders) were prioritized over settled law. Section 92 I (5) Health Act 1956- in no case was a person to be vaccinated without their informed consent
- Upcoming court cases are expected to further challenge the legitimacy of the pandemic response legislation and enforcements. The discussion recaps legal arguments that will be used.

2 – 00:14:25 – Liz introduces a 1937 case called Victoria Park Raceway that discusses property rights and the legal concept of nuisance.
- The plaintiff in the case was Victoria Park Racing, who owned land used as a racecourse. The defendant Taylor owned nearby land and erected a platform where his friend Angles could watch the races.
- Angles would then vividly describe and broadcast the races over the radio station, which some people preferred to listening to instead of attending the races themselves.
- Victoria Park Racing argued this was a nuisance affecting their use and enjoyment of their land, and an "unnatural use" of Taylor's land.
- However, the court found the defendants had not interfered with the use of Victoria Park's land. Their actions merely made the plaintiff's business less profitable by providing a competing form of entertainment.
- Liz notes this was a common law case exploring rights and precedents, not focused on being "new" law. It demonstrates established legal principles can apply regardless of changing times. The summary cuts off the speaker's additional comments.

3 – 00:25:10 – The 1937 case found that the defendants did not interfere with the plaintiff's land or enjoyment of it. The broadcast only affected those not on the land by providing alternative entertainment.
- It was argued the maxim "use your own property in such a manner as not to injure another's" did not apply, as no right was violated or wrong done by the broadcast descriptions.
- Maxim "sic utere tuo ut alienum non laedas" - Meaning "use your own property in such a manner as not to injure another's".
- Notes this established there is no general principle that one is liable for damage caused to another by their own act if able to justify it.
- Reference is made to employment law and whistleblower protections. It is argued the descriptions did not violate laws around defamation, offensive language, contracts or confidential information.
- Whistleblower acts allow protected disclosures of serious wrongdoing to employers and regulators. Previous cases have found these protections can apply to employees revealing company information.
- The discussion touches on whether contractual or copyright issues could limit descriptions, but whistleblower principles may override these regarding health and safety issues.
- Section 14 allows further disclosure if the initial receiver did not properly address the wrongdoing
- Liz briefly discusses finding some whistleblower cases potential cases, tbc

4 – 00:36:35 – Liz refers to a past case involving a woman who worked for Waikato and disclosed information to the standards authority. She was found to be a protected whistleblower.
- No specifics are provided about the case details, but it may have involved concerns about how degrees/diplomas were being scrutinized or marks reported.
- The speaker notes there are around 157 whistleblower cases that could be analysed to extract legal principles, but they have not had time to review many yet.
- The main points of focus will be arguing there was no authority for Covid legislation/orders under Section 191of the Health Safety Work Act 2015, and asserting strong whistleblower protections so employees cannot be fired for whistleblowing, especially in the public sector.
- Whistleblowing will be used as a "weapon" and "fine art" this year to help push back against corruption. Past cases showed even delayed disclosures can still be defended.
- In general, the discussion reviews using whistleblower laws and principles from past cases to strategically protect disclosures, with the goal of increasing transparency and accountability, particularly regarding government/public bodies.

CONTENT LINKS
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

Victoria Park Racing & Recreation Grounds Co Ltd v Taylor [1937] HCA 45; (1937) 58 CLR 479 (26 August 1937)
https://en.wikipedia.org/wiki/Victoria_Park_Racing_%26_Recreation_Grounds_Co_Ltd_v_Taylor
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1937/45.html
https://www.austlii.edu.au/au/cases/cth/HCA/1937/45.pdf

The Use of Maxims in Jurisprudence
https://www.jstor.org/stable/1322311?seq=1

Protected Disclosures (Protection of Whistleblowers) Act 2022:
Current New Zealand law protecting whistleblowers from reprisals. It came into force in July 2022.
Section 3 – The purpose
Section 7 - view the flowchart which gives an overview of how the Act applies to the discloser.
Section 8 - Meaning of a disclosure in this act.
Section 9 - Meaning of protected disclosure
Subpart 2 - To whom disclosures can be made
Sections regarding requirements for receivers of disclosures and protections for whistleblowers.
Section 11 (3) - A discloser is entitled to protection for a protected disclosure made to an appropriate authority at any time.
Section 13 - Guidance: what receiver should do
Section 14 - Guidance for receivers of disclosures
Section 16 - Referral of disclosures
Section 21 - Prohibition on retaliation
Section 22 - No victimisation
Section 23 - Immunity from liability
Section 29 - Public sector organisations must have internal procedures
https://www.legislation.govt.nz/act/public/2022/0020/latest/LMS301283.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

Take the quiz and test your knowledge on the content of this meeting. https://poe.com/universal_link_page?handle=N8_Ep102_quiz

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