NZherald- ‘Not demonstrably justified’: High Court upholds challenge to Police and NZDF vaccination mandates, terminations suspended
In a decision released today, Justice Francis Cooke determined that ordering frontline police officers and Defence staff to be vaccinated or face losing their job was not a “reasonably justified” breach of the Bill of Rights.
The lawyer for the police and Defence staff at the centre of the claim is now calling for the suspended workers to return to their jobs immediately, saying many have given decades of service to their community and are still committed to their jobs.
Will Prime Minister Karen obey her Supreme Court?
Odds are she won’t. Leftists only like, and more importantly obey, legal regimes when they work in their favour. Jacinda’s already indicated on multiple occasions that she’s perfectly happy violating peoples’ “rights,” because her attitude is all rights come from government and can be switched off at any time if convenient to the government.
Kinda like Our Charter, which has the Great Big Kill Switch of Section 1.
Rights.
To a Left ‘Rights’ are what evil Alt-Right people use. They are made to be ignored because deep down, “Everything Would Be Better if only *I* was in Charge”.
They are a distraction.
To a Conservative ‘Rights’ are based on long standing Common Law type concepts. While Your Nation May Vary and Common Law may not be literally ‘law’ in your part of the world, Common Law is in many ways the cultural understanding that binds the society together.
Remove ‘Rights’ and you are removing history, you are removing culture and you are removing an entire social structure from existence.
So of course the Left don’t give a toss. You can’t Build Back Better unless you first destroy.
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Won’t happen here in Canada. Prinz Dummkopf will see to that.
Maybe, maybe not. Judges aren’t necessarily immune to changing currents.
Plus, we know we’d have the Conservatives fighting tooth and nail against the injustice of it all … right?
I’m putting a slice of kiwi in my glass of beer right now even if it’s weird …looking for my kids old Lord of the rings dvds too, uhhh…maybe not.
Hang in there down under!
New Zealand isn’t Down Under.
They had their chance back when Federation was being discussed between the colonies to be part of the soon to be formed Australia but they said “totally not choice, bro” and went solo.
Kiwi’s like to think of Australia as ‘The West Island’, mainly because so many of them live here, but basically if it wasn’t for shared ANZAC heritage and a just fear of the All Blacks we would throw rocks at them.
Our relationship is somewhat complete, esp for outsiders. We will gang up against 3rd parties, but since they live the other side of the arse end of the world they – esp with the current Tyrant – like to woke talk against us about how much more compassionate they are because THEY don’t force illegal immigrants to stay in processing camps. What they fail to mention is illegals are not sailing death trap boats to New Zealand and attempting to claim welfare, they are sailing to Christmas Island (technically part of Australia) and attempting to claim welfare. They are basically a child still living at home on Mummy and Daddy’s money who scold you for voting for tax cuts over saving the environment while they work on their art projects. All ethics and morals and none of the brutal realities of having to budget to ensure you make rent each month.
They are not as such horrible people, but they are run by horrible people and they fail to realise the rest of the world isn’t all love and Hobbits.
remember – Trevor Chappell did nothing wrong!
(also, keep thinking that Australians are Nice. That is what we WANT you to think… 😛 )
Also – Kiwi is a small flightless bird.
I guess you can slice them… You would need a quality knife and probably should also cook first.
Are you maybe thinking Kiwi Fruit? 🙂
Is it any wonder that Russia has absolutely no trust in the West?
That’s why he’s Nuclear Missles prepared in case one of these idiots in charge decides to do a first strike while Russia isn’t quite prepared.
Hopeful sign. Do we have any judges that don’t believe in authoritarian government?
We don’t have any judges who aren’t Liberal toadies and fourth rate legal hacks who got to the bench by service to the Party. They will decide what Justin tells them to decide.
Naturally not a peep about this in the Canadian press. Instead CBC has a nice long article about how stupid truckers are for thinking their rights matter.
The Empire is facing an enemy able and willing to destroy it. So it’s pulling out all the stops to make it look like it was never an abomination and to convince Physicals to support the Empire in a battle to the death with Russia.
The only appropriate response: Go fuck yourselves.
I don’t know the legal system for the Kiwis, but my thoughts would be that they should sue for wrongful termination, and only after settlement should they negotiate for a return to their old jobs.
Hit back twice as hard.
Cooke determined that ordering frontline police officers and Defence staff to be vaccinated or face losing their job was not a “reasonably justified” breach of the Bill of Rights.
so is this stopping the jab or not
the internet seems to think the gov will
continue to jab away
Some interesting aspects of this judgment:
(1) The NZ Bill of Rights Act 1990 contains the following clause (which some have described as “genius”):
“Justified limitations
Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
The judgment is made under this clause.
(2) The same judge ruled with the government in a similar case in December (4 aviation workers). However, he clearly stated that circumstances were subject to change, thereby giving the government notice to get their act together (they failed to listen).
(3) The judgment is cautiously and clearly written, and I believe will be difficult to appeal (the government is considering whether to do so).
(4) There is a 3-week old protest (camp) in the grounds of the NZ parliament. The protesters are now protesting for the same rights as the court has just granted to the police watching over them. Rather delicious.
(5) The judge is IIRC 3rd generation (his father and grandfather were judges). Hereditary judiciary, lol. But in the English-style system (appointed judges) I take this as likely implying no politically partisan affiliation on his part.
Hope that helps.
I forgot to add:
The NZ judgment will likely create a precedent in Canadian courts. Not only is the NZ Bill of Rights Act partly inspired by the Canadian Charter of Rights (with a similar early clause as referenced above), but the judgment cited 3 Canadian cases as precedents .
Hope that helps.
“Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
That’s nearly word for word the same Get Out Of Jail Free card in Canuckistan’s Charter of Rights.
Yes, but it is the clause under which a judgment was made AGAINST the NZ government in this case.
The onus is on the government to prove that a limit “can be demonstrably justified in a free and democratic society”. Which depends on the facts of the case, rather than on the arbitrary wishes of the government.
NZ is not a litigious society (in contradistinction to e.g. the USA). The handful of previous vaccine employment mandate cases in NZ courts were “poorly brought” (the words of a lawyer I spoke to).