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3rd March 2023 HSWA c9 Relevant chief executive may authorise affected persons not vaccinated Ashley Bloomfield was never authorised under the law to anything, let alone grant or not grant exemptions Plus N8 member Fiona gives us a Hawkes Bay rescue effort report from her time there helping out. Our thoughts are with everyone there.
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3rd March 2023 HSWA c9 Relevant chief executive may authorise affected persons not vaccinated Ashley Bloomfield was never authorised under the law to anything, let alone grant or not grant exemptions Plus N8 member Fiona gives us a Hawkes Bay rescue effort report from her time there helping out. Our thoughts are with everyone there.
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The speaker discusses the aftermath of a natural disaster, specifically a cyclone that caused significant damage and loss of life. They express frustration with the government's response and criticize the prioritization of certain areas over others. They also mention the need for assistance from volunteers and caution against donating to corporate entities like the Red Cross. The speaker shares personal stories of the destruction and the resilience of affected communities. They also touch on issues related to food shortages and government corruption. The speaker suggests that people take action and hold those in power accountable for their actions. They conclude by emphasizing the importance of community support and sharing information. Maybe people want to ask you a few questions. I mean at 8 o'clock we've got to start, we've got, well, we might hold off a bit, who knows, you know. We've got a guest coming that has been advertised about... Oh, sure, sure, I mean I'll just repeat the bit about the damage, the scale of the damage is way, way worse than anything that we've ever seen, I believe, I think the death rate will be higher. Obviously they have changed the criteria about how they announce that, they are now saying that they won't announce how many people until they know who the people are, which has never been the case before, because when I lost my son in a car crash, it was quite, you know, well out there and announced that two people had lost their lives in a car crash prior to them announcing the names. So this is a departure from the norm, even though they're saying this is normal procedure, it's actually not normal procedure because, you know, shortly after or shortly before that accident, there was a big accident in the Waikato where seven people were killed in one accident, but they announced that way before anybody knew their names. So this is a departure and I think a lot of things are being done differently and maybe it's just because they've never had this sort of scale before. No, you know why? Because they think that we've got the attention span, and a lot of people have, of a goldfish. That because people have forgotten, a lot of people in this country will have forgotten it's even happened. I'm sorry to say. Oh, I know. It's business as usual in a lot of places it is. It's just, it's quite, it's quite soul destroying to know that people are actually just so ignorant of what's happening throughout the rest of the country. I see too, Hutch, the guy from Taranaki who's got the mini, you probably saw him at Parliament if you were at Parliament. The little yellow mini, yeah. The yellow mini guy, Hutch, he's over there. He's actually got a Facebook page, sorry, a website called, oh God, sorry, it's written down in the car. Yeah, I'll have to look it up. Sorry, I will look it up. And this is the Freedom Mini? Yes, mini, freedommini.com. Telegram. Yeah. Okay, I'll have to go and see if I can find it in a minute, but I'll just finish what I'm saying. So he's got a website set up, and he's been showing areas, and he decided, he went over with his shovel, and then he realized the scale of it, and what needs to happen is more people need to go there and help. They need boots on the ground, they need diggers, they need machinery operators, they need lots and lots and lots of things. You can donate money, but just be really wary about where it goes. I would really avoid putting it into a corporate entity like Red Cross. I would find a local group. There are several Facebook pages set up, Hawke's Bay Cyclone Help or something like that. They'll pop up quite quickly, because a lot of people have been on them. Can I just comment on that while I remember? Chris Lind is doing an amazing job, because I donated and it went through a lady called Zeb. I can't remember. She's really great. She's got a really great team of people. They're going house to house. They've got a different job on every day. She puts it on her page. She's doing an awesome job. She's mainly based in the Hastings, over the Hastings side. So that's really great. But there's a huge other need. I believe that the roading problem is really going to hit home soon for a lot of backcountry people, because they're already very marginalised. I took my aunt to town in Napier to sort out a new phone for her. She had no communication, no power, no water, no nothing. I said, here, we'll go and sort it out. While we were there, I saw tractors and trailers and all sorts of bloody machinery clearing logs off the foreshore in the city, which nobody can swim at. Nobody gives a shit about. And for the council to be spending money on clearing logs, which are absolutely everywhere all up the coast, just clearing the front of the town so that the normie people who are doing their business in town don't see them. I know, it's just ridiculous. Absolutely, absolutely ridiculous. So I had a big complaint. I went to the local hall and I complained to the council about it before I left, made a point of it. But up the side gullies where the farmers are cut off, their land is cut off now because their roads are destroyed, they can't get stock out. Their fences are all munted. They need to get fences and supplies and electric fence gear and everything up to their farms because all their internal fences are absolutely obliterated by the slips. So all their stock is getting bogged. It's getting mixed up. And if you've got a mob of large Friesian bulls, they cannot be mixed with another mob of large Friesian bulls because all they do is fight and destroy everything more. So there are a lot of guys that are in serious trouble coming up very soon and it's just going to compound it for them. So those council people that are clearing logs off the foreshore, they need to go up those side gullies and do that. And transit is focusing on the Nate's and Taupo Road. Now I don't know why, but Nate's and Taupo Road is apparently way more important than the main road to Wairoa where thousands of people live. So it's all about faith. Waka Kotahi, I mean, don't even get me started. But there's a lot of stuff that's not being done the right way around. So they're basically focusing on the town people, so it all looks good because that's where the population is. Yeah, and the Nate's and Taupo Highway, I would say, even though it's a main route through to Taupo, and there are people on that road that need to be able to get in and out, there are probably less people affected than Wairoa, which is massive, absolutely massive. The amount of destruction up there was huge. So, yeah, I mean, I don't know. I'm just bewildered by the whole thing. And I think the people in those positions of power, they've just been appointed, obviously. They're all new, aren't they? I've got no bloody idea. Somebody says NZPA, right? Now, this is a little segue in here, but it's to do with what we've been talking about the last few Zooms. NZPA, they got their workers' backs, right? Who else? Department of Conservation, et cetera, et cetera. Now, the fact is that they did that because they were directed to by the government. That's who directed them to. But they did that not under any authorisation. Those orders, and not just the people who were under these things, yeah, but there was nobody authorising those under the Health and Safety at Work Act because it was supposed to fix a problem in the workplace, right? There was no authorisation. Now, if we can start everybody who was in a government role, we need to start immediately onto those CEOs and get them out because it's the CEOs who are giving these stupid orders and stopping people from helping, right? Yep, yeah. I'm going to talk a little bit later about the letter I've been writing in the case of a health worker to show you how Section 191 works in operation. I've been talking about it. This is the first letter I've written, but it all pans out on how we are going to approach this. Get rid of the top people and the workers will be okay. They'll start doing proper... Because we've got to destroy the confidence in those top people. Yeah. And we've got to destroy them by making sure that they know they're going to jail, they're going to be in court cases. Ashley Bloomfield has got the responsibility for not just the medical stuff, but under the Health and Safety at Work Act, he's liable. He was pretending that he could give exemptions. That was a lie. He wasn't ever authorised to do that. He wasn't authorised to do anything under the Health and Safety at Work Act. That was supposed to be WorkSafe's job. And I'll illustrate it for you a bit later on. Anyway, this is what I'm thinking. A lot of those organisations are government-related or government agencies, and under the Health and Safety at Work Act, they had to be designated. It's just everybody who's worked for anybody who's on here, or if you know anybody who was working in a government department, get onto them straight away and start doing what you'll be showing how to do very soon. OK? I'm going to work out a way. I've also got another bug there about the fact that downers are up for probably huge contract work. Yeah, well they were another one. It really pisses me off. Yeah, because they're corporate-owned. It all goes back to BlackRock. Yeah, and what I would say is to anybody who knows a small operator, if they can pack up and get over there, if they're over there already doing something voluntarily, I believe that they will get work. And I think there is going to be so much work. Get over there with the machinery and just get started, and then it'll roll on, and they will get work. Downers, they'll put in for the big jobs and the big contracts, but they're not usually the best people for the work. Did you see the blurb by the Army with the music and the whole thing, handing out stuff? I didn't. The truck, which was basically, and they're part of Fletcher's. Every time, the Christchurch earthquake, Fletcher's got all of the contracts. Yeah, I believe it. It's so corrupt. It's worse than Mahuta, isn't it? Anyway, boots on the ground, that's my message. And I'll try and get that website, freedommini.com or something like that. And just remember, you've always got a home here to tell everybody what's going on. Yeah, that's awesome. It's really good to be able to tell people what's happening. Whole houses floated 300 metres down the valley. Whole houses were just obliterated. Some of them had people in them at the time. It's unreal. And you can't imagine driving up the road and seeing a massive, massive log. Obviously, not the butt log. It's come down with the slash. It's the next log above the butt log. So the top of it's probably 500 round. Well, 500 diameter rather, not round, 500 diameter. Some of those logs are through the windows and the big doors in people's homes. And the silt's piled up over halfway up the house. It's just smashed everything. Cars upside down. You name it. All the vineyards up there are absolutely gone. They're buried. You can't even see. You can just see the top of some of the posts. All orchards, just absolutely the same. Smashed to bits. Big avocados tipped over. They'll all die if they don't get the silt cleared off them probably by now. Anything that's still sitting with its roots in silt apparently will die. They need aeration straight away. It's fine, isn't it? Do they know where the big wave come from? Has anyone really talked very extensively about where this wave is? Because there's obviously been a big wave of water that's come through and smashed some of these homes as well. Yeah. It came up that fast. It was unbelievable, unbelievable speed. Some minutes they reckon. They reckon with the minutes was filling up to almost a ceiling, right? Oh, yeah. I mean, it came up as fast as they could put a child on a table and then three people on the table, four people up on the table. And then the guy said it was at the top of the table and then he smashed a hole in the ceiling and started putting the family up into the ceiling and then it was nearly at the ceiling by the time they all got in there. So that's how fast it was. And I know people, neighbours of my aunt's who climbed up onto their roof then they realised that wasn't high enough so then a gate must have come down so it was up against the house so they manoeuvred it so they could climb across to the roof of the shed which was higher and then got over onto the shed roof and then another neighbour came with a boat two neighbours with a boat and a 35 horsepower motor plucked those two off that roof and they just got away. They were trying to get the boat back over to the hill. They looked around and the shed was gone. Just gone. So they just barely made it out and anyway, there's lots of stories like that. I met a lady who had spent six hours standing in her studio apartment that had just been built for her at her daughter's house all brand new and she watched it just absolutely just be destroyed by water swirling around in it. As she held up her husband who'd had a stroke last year she held him above the water until some big guys turned up they had a boat as well I think they busted in got her and her husband out and they winched them in a helicopter out of it but she held that man for six hours and yeah, I mean that she was in her late 60s I believe. That's true love, isn't it? Absolutely. Hand on heart I don't know if I could have done the same. I'm just kidding, I'd have tried. I'd have tried. No, with your husband. Don't tell him. If he'd been holding you it'd be the fireman holding you holding your feet. I know. That poor lady I mean honestly yeah, she just she said when I got out of the helicopter I couldn't stand up anymore I'm not surprised you know, she just sat and chatted to us at the local thing down at Bayview and she said afterwards she said, oh my gosh, it's been so nice to just be able to sit and tell somebody about it because it just feels like a horror movie I don't even, she said I'm just feeling so weird about everything, I've got nothing This is the thing, they seem to be wanting people to fall into mental health illness so they can do something else to them now, people just It's been capitalised more drugs Capitalise on every disaster, get all your own employers in there to fix the disaster create the disaster, fix the disaster and then help everyone with pharmaceutical drugs on the rest of the disaster They have the medical professionals they had a little room in the building in the community that already got the medical team out and they were giving people tetanus shots and boosters on site right there Boosters of that bloody drug Yep Yep and you know, people were scared into getting shots because they thought Oh that was the other thing, the dirty mud the rumour going around that there could be sewage in the mud and it's not safe to eat the fruit, and I tell you what there was that much fruit, I wanted to bring some home for my chickens It was that much wasted fruit It was just piled up everywhere It's piled on the beaches, it's piled everywhere mate, it's just such a waste, pumpkins Watermelons Are people still waking up Did I not tell you about the drug that they've got then And Heinz Watties Did anybody see the list There's a massive list of food that they're saying Heinz Watties will not be canning this year or in the near future because they are now so short of what would be local produce and their plants being affected So Here we go, more food shortages people What a strife, and in Gisborne one of the grain producers was on fire I see today or yesterday Yes, how on earth does that happen The chook farms catching fire They said that was purposely lit fire they thought suspicious fire in Gisborne today or yesterday Everyone's got to produce their own food or be in a small satellite community Lots of communities where everybody grows their bit and then they can't target that And set up little groups to trade amongst yourselves Yeah I would say Sorry Go Fiona If anybody's got any questions about it, that's all I can say Don't donate to corporate Red Cross and Civil Defence I would say they are asking for money but find a group that is on the ground Civil Defence would pay for it out of the taxes for God's sake Yep, I know So, massive massive sign in Palmerston North when I was on my way home I drove through the town and it was a massive big sign on the side of a government building Talking about Red Cross and how you can donate I mean it was like one of those gigantic bloody billboards in Times Square, honestly Really pushing people to donate to Red Cross Literally throwing money at every problem and hoping that it solves it and it's never solved the problems in the past Well, half those people won't see any money That's it, because it never goes to the right people No Have your own scam Yeah Well, I'm just looking somebody's saying Cook Strait boats are out as well, stopping trucks to take you over to HB No The workers are going to have to say no This is it, the people are going to have to say no to the police Yeah, well so police and army and navy, I heard this when I got over there, were as we originally heard were very inconspicuous and the first guy I met on the ground over there told me that he had seen navy people once and they had turned up a little bunch of them had turned up at a house that looked like it needed some silt digging in their fancy uniforms and stuff not really for work but with a photographer so they were doing a photo and then they had the music on it to go with it and they had them posing, you know, completely clean, posing, giving out packages of something and then they had the Higgins truck moving something and they were all talking about oh yeah, they're all getting the road through Wow They were really slow getting started doing anything, put it that way On the Bayview meeting the bit that I saw, they did actually say that the local cops were actually being really helpful and doing a good job, but then one person reported how they saw five cops was doing speed camera work, all standing there together, doing speed cameras You know that thing, I saw the start of it and I thought it started off badly, right? They had Nash there who they were saying, oh you don't have to say anything Oh they should have forced them to say something For God's sake, it would have been they should have been there holding their feet to the fire but people are still timid Oh, you know, they respect these big wallahs with the big titles and think that they must have got to there because they're good workers or something Ordinary people are naive Exactly, the first thing they should have done is hauled them up in front and said, right, we want to know what your plan is Yeah None of the forces were there There was one apologist looking female cop there but there was an army guy got up and ex-army and said, this is what should happen You should have brought the army in straight away and a curfew, because people were talking about the looting mostly Yeah, right, that's what they should have done, exactly because they said there were guys going up the valley you know, on rainy nights and they stopped them the community had a checkpoint and they said where are you going we're trying to keep the valley shut down to only residents at this point because the wet roads are so bad and they said oh, we're going to the cemetery to visit our you know, whatever Bullshit They weren't going to the cemetery and when they came out they had their mongrel mob colours on so they'd put their jackets on they'd taken their jackets off to go up get through the checkpoint and then while they were up there they stuck their colours back on and drove back out past them and you know, these were just community guys just trying to do their best they couldn't stop them really, but you know it's fucking shitty because there were a lot of people who had to leave everything behind and the helicopter guy that got stopped from rescuing people and he was worried about saying too much because he'd get in the shit with WorkSafe and I'm like, oh my god Right, WorkSafe Segue We'd better talk about what's going on OK Thank you very much Fiona Don't worry I'll try and find that thing and then I'll put it in the chat I'll go and see if I can find it now Perfect transitioning Liz I love that Perfect transitioning OK Just before Em I sent you an email with something that says Zelda's case I've got it You've got it Cool OK, well I'll go over here and this is how Hang on a minute That's not the right one Oh my goodness I'm always sending stuff aren't I Oh no it's the right Oh yeah So I'm half way through this but this is kind of an explanation of how it all works It's probably going to take a while to come up on my screen Yeah Because I've got I'll take a few things off Righto, this time This time Oh OK, if you've got it up I'll have a look on the screen OK OK Now this was This is section This is a piece of Oh is this the one So this was This was clause 9 Remember I talked about clause 9 and we were going to Oh sorry Liz It'll be a pain before you get going Would it be alright, could you turn your captions on because that really helps Ness do the transcripts Oh show captions Yeah Thank you Oh good OK Relevant Chief Executive This is clause 9 of the COVID-19 Health Response Public Health Response Comma in commas Vaccinations Order Vaccinations in comma Order 2021 Oh I was talking about this the other night The relevant Chief Executive may authorise effective persons not vaccinated or have not received the booster to carry out certain work OK So if we can take it down a little bit please The relevant Chief Executive So it gave you then in relation to a worker in a managed isolation facility Oh by the way this doesn't apply to workers in groups 7 and 9 7 was 7 was the health workers and 9 was the education workers but these were all of the other ones. In relation to a worker and these were people under the schedule remember OK In relation to a worker at a managed isolation facility or a managed quarantine facility means the Chief Executive of a responsible agency In relation to a worker who is not a service worker and works at an affected port The Director of Maritime New Zealand and remember we got I said I'm going to find all of the names That was Hewlett In relation to a worker who is not a service worker a Director of Civil Aviation That was What do you call it Department of Corrections was CD I think that was that might have been can't remember who that was In relation to any other worker means the Chief Executive of the relevant PCBU So the Chief Executive of say one of these ones who would have been supposedly authorised to take over the work of WorkSafe would have been the CEO so the Chief Executive of the relevant PCBU so it's all operational so if we can go down a little bit further just remembering that health workers and education workers were excluded from that okay so you could get exemptions that way supposed to be through those relevant Chief Executives so the applicant was a support worker for Access Community Health Limited this involved looking after people in their own homes so that they could maintain their independence the work was carried out at various locations could be called into the office for agreed training sessions any hours between 7am and 10pm Monday to Sunday the applicant was required to be available for rostering on sleepovers in the homes of clients were sometimes required despite the high level of adaptability and trust required by this type of work the applicant was never subject to any complaints from her clients or the subject of any disciplinary action by ACH Zelda was looking forward to completing her level 3 health and wellbeing training with Akatoi now why we're saying this to the authority is that there is no reason to sack somebody in that case unless as they were saying we had to right now let's look at the order and the designations under section 191 Zelda instead became the victim of an order that all care and support workers were forbidden to work unless they received a COVID injection the order called COVID-19 public health response vaccinations order 2021 purported to require both the worker to refrain from working and the employer to refrain from employing for health and safety reasons of not passing on COVID-19 disease at work health and safety at work are regulated by WorkSafe however WorkSafe has no power under the health and safety at work act 2015 HSWA to require that any person be injected at a workplace or at any other place so if WorkSafe didn't have it then it must have been that they were trying to put it on to somebody put it on to somebody else right because it would have been too obvious Parliament envisaged that WorkSafe may in some circumstances pass its powers onto the heads of certain governmental related CEOs and the Commissioner of Police and the Commissioner of Police or the Chief of the Defence Force. Such designations can be found in section 191 of the HSWA a copy of the section is below and we have a look at section 191 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 2 a designation under subsection 1 must be made by notice in the Gazette. Now you notice the Prime Minister right the Prime Minister is part of the Executive not regarded as a member of Parliament here they're part of the Executive which is the Crown the this is how you see the Crown the Crown is the Executive the Governor General and the Ministries so the Prime Minister may designate an agency a designation under subsection 1 must be made by notice in the Gazette and must specify the scope of the designated agency's role, scope of designation by reference to a particular industry sector or type of work or circumstances and b the functions or powers or both of the regulator under this Act or any other enactment that the designated agency may perform or exercise in respect of a particular industry sector or type of work or circumstances so the agencies are the Chief Executive of a Department or Departmental Agency within the meaning of section 5 of the Public Service Act 2020 a Crown Entity within the meaning of section 7 of the Crown Entities Act and there's probably a hundred of those the Commissioner of Police the Chief of Defence Force a designation under this section is Secondary Legislation Part 3 of the Legislation Act 2019 for publication requirements so then I say the appropriate person who was purporting to be able to issue exemptions to the Order for both health workers and education workers at the relevant time was Director General of Health and Chief Executive of the Ministry of Health Dr Ashley Bloomfield Dr Bloomfield was never designated as a person in the New Zealand Gazette as is required by both the HSWA and the Legislation Act 2019 section 69.1c and 69.2 now they refer to going back see if you click on part 3 there it would come up with the section 69 which relates to how these things have to be done so you know then boom boom boom boom the upshot of the matter is that although the Order drafted by the Parliamentary Council Office right Crown Law was correctly published there was correctly published there was no, that should be comedy there was no publication of any of the designations Dr Ashley Bloomfield was required required to administer the Order. I have to do a couple of things so basically what I'm saying is there was an Order it was published in the Gazette as they all were but they related to the circumstance of workplaces right and for there to be administration of workplaces the proper agency because WorkSafe is another agent of the Government there has to be a designation if WorkSafe can't do it itself or their specialist knowledge in one of these places where you would see 12A for example were operational the 12A were operational ones the the nine were probably thought people would just say I want to have usually operational but they had they could have decided for themselves yep yep and so in what way is Mr Bloomfield liable or you know how is that going to pan out do you think well here's the thing we have had suddenly everybody wanting to settle funny that they've known this pretty much they got the bombshell dropped just in a in an email just me pointing this out to a lawyer for the ports a week ago a week and a day ago today and suddenly it's all gone quiet and things have started to happen since then this is the first time it's been written up as part of a statement of problem okay so it'll hit the authority although I think the authority probably already knows one of the Wellington officers got the email by mistake isn't that funny and so yeah that's good so we did put it in reinstatement yes I was just going to ask you to talk about what your news is Erica please so we put it in a reinstatement for a worker in Wellington to the ERA and we mentioned what Liz was talking about gazetting gazetting powers from the Ministry of Health and this person hasn't been at work for a couple of months and surprise surprise and surprise surprise this afternoon we get an email and the person said I've been paid like 10 weeks back pay wow that's amazing no announcement nothing we have our employment relations authority meeting next week so they got these submissions on Monday with all the laws that have been broken that Liz informs us on a regular basis you know it's just the stack of laws that have been broken is just piling up higher and higher and higher and then the pages get longer and longer we put in the gazetting you know no one from the ministry was gazetted any special powers and then she gets paid for a couple of months so yeah I think they've got their tail between their legs good yeah amazing it's a nice Friday afternoon gift as opposed to Liz always going oh we're going to go out to get the costs costs yeah it's kind of this is the best that they can think of they don't really have any arguments except for oh costs well we don't know what we can argue about but we will try and get costs from you we will try and get costs yeah they have no other script worked out yet yeah or they just sing mandates and orders mandates and orders you know greatest hits 2021 that's what we were following mandates and orders on and on you know they stretch out pages pages and pages this is the best that they can come up with so yeah what happened to our president she's off getting a drink oh I think you're muted Liz yeah you're muted Liz yeah also I sent off today this morning I sent off all of the information to finally wake the courts up to the fact that we've got a real terrorist problem in this country not the imagined one of the fire and fury or what the hell they call themselves pink haired ladies but the real thing the reports from the security services about all of the terrorists not all of the terrorist groups in the country I only sent off five notifications they have to be notified and put in the terrorist groups have to be notified to the and put into the Gazette but the police and the security services do the cases right and they're all sitting there on the police website under something like he did something like lists of lists of notifications on the rule 1537 or something like anyway I talked about it on one of the previous zooms but it's time that the lawyers the courts the people who the media needs to learn that such things exist that it's not it's not some sort of fantasy that so called conspiracy theorists you're sideways Erica. Hey Liz Stewart's just come on. Oh good I don't like to interrupt you but I know we always talk another time about terrorists and how we're going to classify our government because it's it definitely fits into terrorising the civilian population absolutely now what I'm going to do yeah I'm going to stop the recording. Okay
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