BORA vs pandemic mandate

Written By: - Date published: 2:30 pm, November 23rd, 2021 - 13 comments
Categories: covid-19, health, law - Tags: , ,

The New Zealand Bill of Right Act 1990 (BORA) is an interesting act because it is what I would call a balancing act in that it enshrines certain rights but they are not absolutes. There are requirements that new or updated legislation are tested by the people responsible for making legislation and subsequently by the interpretation of the courts.

They balance the rights of individuals against state actions (ie not against employers or corporations) against the other needs of society.

There have been a number of recent cases taken using BORA arguments against the vaccine mandates. So far in the High Court they haven’t succeeded. I had a look at the most recent decision from November 8th.

Sections 4-6 state…

4 Other enactments not affected

No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—

(a)hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or

(b)decline to apply any provision of the enactment—
by reason only that the provision is inconsistent with any provision of this Bill of Rights.

5 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.

6 Interpretation consistent with Bill of Rights to be preferred

Wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning.

Legislation.govt.nz – New Zealand Bill of Rights Act 1990

This makes sure that BORA has a role in enactments by interpretation in the courts (s6). But it doesn’t override explicit enactments (s4) unless it can be shown that the limits are unreasonable in our society (s5).

So for a motion using BORA to succeed, the applicatents have to claim that the relevant legislation or the interpretation by the crown are unreasonable to them as individuals. The crown has to demonstrate that it is reasonable and justified on the needs of our society.

The high court challenges to date have been by aviation security employees, midwives, and a group representing some doctors and teachers who oppose mandatory vaccination orders. This is where the crown via the Ministry of Health has issued an order that their employers are required to make sure that their employees in certain positions are vaccinated before they are able to work in those positions.

The claims all assert a challenge to the validity of the orders under the Covid-19 Public Health Response Act 2020 and that they are therefore unlawful because they violate s11 of BORA.

11 Right to refuse to undergo medical treatment

Everyone has the right to refuse to undergo any medical treatment.

Legislation.govt.nz – New Zealand Bill of Rights Act 1990

The problem in law is that no-one is being forced to undergo a vaccination. It is a choice that the applicants are having to make between being vaccinated, demonstrating a reason for a very rare exemption, moving to a position that isn’t covered by the order (difficult with the professions in the cases), or not being employed by areas covered by those orders.

They are being coerced in that they may lose their jobs as a result of the orders. This appears to have been recognised by the both the courts and the crown’s lawyers in court.

It is interesting reading the latest decision.

[30] It is a matter of degree whether practical pressure to undergo a medical
treatment will be taken to have limited the right to refuse that treatment. Here the level
of pressure is significant and amounts to coercion. The employees are forced to be
vaccinated or potentially lose their jobs. This involves both economic and social
pressure. I accept that the right is accordingly engaged, and that it is limited by the
Order. The key question in this case is whether this limitation is demonstrably
justified.

Four Aviation Security Service Employees v Minister of Covid-19 Response – [2021] NZHC 3012 8 November 2021.

Other claims under BORA were rejected out of hand. The right to life (s8) sounds like complete bullshit since the risk of death walking a dog is higher than dying from this vaccination. The right to freedom of thought conscience and religion (s13) isn’t affected – people are welcome to believe what they like. The right to freedom of expression (s14) appears to be unrelated at all to employment – all employers can and usually do constrain that during work hours.

Essentially the Judge accepted the evidence that the Pfizer-BioNTech vaccine in use in NZ wasn’t experimental (s10 of BORA), had been provisionally approved for use with covid-19, and was used here. It had been fully tested, the provisional nature of the consent was due to the time it would take to go through the whole approval process in a ongoing pandemic.

Questions of s19 of BORA were raised by the judge on the basis of discrimination – however no evidence was proffered by the applicants.

BORA and other enactments provide nothing that asserts a right for an individual to be employed. Nor are any employers required to employ people who don’t fit the reasonable requirements for a position.

So what was left was the validity of the order under Covid-19 Public Health Response Act 2020, which got denied on the basis that it did conform to the legislation and that the vaccine was demonstrably useful for reducing the transmission of the pre-delta variants of Covid-19. It was also likely to reduce the transmission of delta. There was no requirement for the respondents to prove scientifically that it was able to do the latter. That would cause measures to be taken too late.

[68] In any event the second point is that the statutory prerequisite for making an
order is not that the measure will reduce transmission. Rather, the measures must
“contribute or [be] likely to contribute to preventing the risk” of outbreak or spread.
They are measures that only have to “contribute” to preventing a risk. These
provisions contemplate a risk minimisation approach. That is particularly clear when
the text of the enactment is interpreted in light of its purpose.

Four Aviation Security Service Employees v Minister of Covid-19 Response – [2021] NZHC 3012 8 November 2021.

Challenges on the basis of the medical act and employment law were given short shift.

[74] The answer to these submissions is found in the provisions of the Act.
Section 13(1)(a) provides that a COVID-19 order may not be held invalid just because
it authorises an act or omission that is inconsistent with the Health Act. More
generally, orders made under the Act can be taken to prevail over the provisions of the
Health Act because it addresses particular measures relating to COVID-19.

Four Aviation Security Service Employees v Minister of Covid-19 Response – [2021] NZHC 3012 8 November 2021.

[75] Finally Ms Grey argued that the Order improperly purported to delegate
statutory duties to employers or employees. She argued that this conflicted with the
general principle that a delegated power could not be sub-delegated. She referred
particularly to the duties of employers under cl 8 of the Order, and the obligation of
employees under cl 7 not to carry out work unless they have been vaccinated. The
answer to this argument is, again, in the wording of the empowering provision. This
expressly allows orders made under it to require persons to undertake specified actions or comply with specified measures associated with activities, provided that they meet
the statutory standards that I have already addressed. […] I do not accept
this involves any impermissible sub-delegation.

Four Aviation Security Service Employees v Minister of Covid-19 Response – [2021] NZHC 3012 8 November 2021.

Which really left s11 of BORA and if that was applicable. In a lot of respects that comes down to the question of who is required to provide a evidence and argument to the court to help it make a decision. The judge rightly points out that the burden falls to both sides.

[86] When it is alleged that statutory powers have been exercised in a manner that
limits fundamental rights in a way that is not demonstrably justified, and it is
established (or, as here, admitted) that the right is in fact limited, the burden falls on
the Crown to put forward evidence that the limitation is demonstrably justified. But
if the applicant then wishes to establish that what that Crown’s evidence establishes is
factually wrong, it still has the burden to persuade the Court of this.

Four Aviation Security Service Employees v Minister of Covid-19 Response – [2021] NZHC 3012 8 November 2021.

From the judgement it appears that the Crown fulfilled this requirement, but the applicants did not.

[87] In the present case the Crown has filed relevant evidence from Dr Bloomfield,
Dr Town and from Mr James (the Group Manager of Medsafe). The evidence of
Dr Bloomfield and Dr Town, and the underlying information to which they have
referred, forms the evidential basis for the Crown’s argument that the measure is
demonstrably justified. The applicants initially filed no expert evidence of this kind.
Dr Febery put relevant publications and articles before the Court, particularly in her
evidence in reply. I accept that that material is to be properly considered by the Court
in its assessment of whether the measures are demonstrably justified, but it is not
expert evidence of the kind filed by the respondents.

Four Aviation Security Service Employees v Minister of Covid-19 Response – [2021] NZHC 3012 8 November 2021.

Further opinion was provided outside of the normal court processes and was considered but not tested in court.

The rest of the judgement was pretty routine from there on, and lot of judges commentary was focused on on what I’d describe as incoherent blathering by the applicants and their witnesses. It amused me. For instance on the evidence about the ability of the vaccine to reduce the risk of transmission of Delta

[106] This evidence was disputed by Dr Thornley, who said that Dr Town’s evidence
failed to “recognise or address the many studies which now confirm that the Pfizer
vaccine is ineffective at stopping transmission of the Delta variant”. I have looked
carefully at Dr Thornley’s evidence to understand the basis for that conclusion. One
of the key studies he referred to had been addressed by both Dr Febery and Dr Town.
It is from the University of Oxford involving significant community surveillance. But
that study does not seem to me to stand for Dr Thornley’s conclusion. […]

[107] I do not take evidence from this study as confirming that the vaccine is
“ineffective at stopping transmission” as suggested by Dr Thornley. Moreover his
evidence then went on to say, in relation to the various studies that have been presented
in evidence, that “there is clearly a mix of epidemiological evidence, some suggesting
some effectiveness of the COVID-19 vaccine [in reducing transmission], some
suggesting none”. That is very different from saying that the evidence now confirms
that the vaccine is ineffective at stopping the transmission of the virus.

Four Aviation Security Service Employees v Minister of Covid-19 Response – [2021] NZHC 3012 8 November 2021.

So when it came to considering s11 of BORA.

[125] Apart from the factors I have already addressed it is also important to note that
those in the position of the applicants are not actually compelled to be treated. They
retain the option to refuse vaccination. The implication is that, if they are unable to
be redeployed by their employer, their employment may be terminated. That has
happened for the applicants. But what they have lost is their job, rather than their right
to refuse to be vaccinated. That is relevant to assessing the proportionality of the
measures imposed here. The Act is not being used to literally compel vaccination for
anybody

[126] I accept that the evidence that the vaccine materially reduces transmission of
the Delta variant is uncertain. This has not been proved in a scientific sense. I
conclude that it does contribute to reducing transmissibility, and that it accordingly
contributes to minimising the risk of the outbreak or spread of COVID-19. But it is
an open question that may be more readily demonstrated as further evidence comes to
light. On the scientific evidence as it currently stands the measure can be justified on
a risk minimisation basis given the implications of an outbreak, or the spread of
COVID-19.

[127] I accordingly conclude that the measure is demonstrably justified, and the
Order is accordingly not invalid for being inconsistent with the Bill of Rights.

Four Aviation Security Service Employees v Minister of Covid-19 Response – [2021] NZHC 3012 8 November 2021.

Which perfectly sums up the current course of this pandemic and the trade offs with between the community needs and those of individual rights. You can’t manufacture a individual right that doesn’t actually exist in the legislation to countervail the right of the Crown to protect the overall community.

In the absence of the kind of absolute certainty, of the type that we currently have in the course of a rolling set of waves of a pandemic, then the assessment of community risk lies with the Crown and they make orders on that basis.

And in any case the Crown are required by the relevant legislation to continue to assess risk and to adapt their orders to quit.

The other recent decisions on various issues around mandates were similar in nature.

I’m pretty sure that these decisions will keep moving up the legal system. I can’t see that the Court of Appeal would have much to say because it appears that the High Court dealt with a urgent matter as well as could be expected and most of the procedural issues were from applicants side. So eventually it will be interesting to see how the Supreme Court deals with it.


BTW: My interest in this post comes from a article by Michael Andrew writes about recent cases in “The unvaccinated v Chris Hipkins” (paywalled at BusinessDesk). I’d have liked to have quoted from my subscription to it – however there is an bloody obnoxious javascript copy blocker on the site. Unlike the NZ Herald there is content worth reading on BusinessDesk. So I’m not planning on dumping my subscription. But I am irritated by whatever dimwitted dickhead added that junk javascript to that site. I’ll see if I have time to find or code and publish a counter measure.

13 comments on “BORA vs pandemic mandate ”

  1. Chris 1

    Yes, it will be extremely interesting to see how the SC approaches these kinds of challenges, both under the BORA and the HRA. It does look as though the nature of the subject matter gives the Crown a real advantage defending its actions, but it will also mean that the strength of the specific protections will get a good work out. That said, my feeling is that even if an applicant manages to shoehorn their claim into the statutory framework, for example by raising valid comparisons for a discrimination claim, or showing their situation is captured by one of the 13 grounds under the HRA, the importance of the particular policy will prevail. I just can't see the SC wanting to interfere with the government's covid response. Courts don't like to do that, and the medical health of the nation gives them an easy reason to hold back and let the government do its job.

  2. In times such as these is when the usually unsung legal writing 'heroes' such as Parliamentary Counsel in the Law Drafting office come into their own with their focus on Bora and how legislation and regulations (orders) fit together. There was a piece of land related law that needed working on in dead of night under urgency and it was just such a privilege for me as an adviser to see these people from Parliamentary Counsels office. Crown Law and departmental solicitors plus a very knowledgeable constitutional lawyer who happened to be deputy PM at the time, hammer out the draft legislation.

    I think if there are any obiter dictum statements coming out or any concerns from a judgement they would be dealt with very quickly under urgency to fix them up. The health issue is so important.

  3. Ad 3

    Supreme Court is the right place for it legally and I look forward to it.

    Over 92% of New Zealanders have been part-vaccinated so there is no issue with the courts being a proper mirror to what is socially acceptable.

    Perhaps rather than expanding the NZ underclass, over 2022 the employment mandates coupled with the "traffic light system" will drain the swamp of irrationality and our outsiders.

    It is remarkable that our great feared waves of social media contrarian opinion actually dissolves to nothing when faced with the stark facts of your job, your rent and your mortgage.

    • RedLogix 3.1

      It is remarkable that our great feared waves of social media contrarian opinion actually dissolves to nothing when faced with the stark facts of your job, your rent and your mortgage.

      May however remain a resolutely undissolved lumpen in the ballot booth.

      • Ad 3.1.1

        Even with all Melbourne's protests storming the National Memorial, in the cold light of Parliament yesterday Pauline Hansen still got the slapdown when it came to the vaccine mandate debate.

    • Julian Richards 3.2

      I hope they're right.?!

      *also a correction to your statement is required: "over 92% of New Zealanders have been part vaccinated so there's no issue…."

      92% of eligible New Zealanders have been partly vaccinated. Of that the actual total % of New Zealanders partly vaccinated once you include the under 12 year olds (approx 16-17%) in the equation of 'New Zealanders' total population party vaccinated is an approx modest 75%.

      "Oh won't somebody think of the children…. " the non-vaccinated will be blamed for their vaccination/protection even though the youth are at highly minimal risk of covid19 and in a very good position to end the generational viral pandemic. Then New Zealand will achieve 92%.

      #notantivax

      Just thinking out loud

      • Julian Richards 3.2.1

        Excerpt from Lancet medical journal;NZs vaccination strategy… 'Note the contributors'

        "Where vaccination is not allocated to the 0–15 year olds[5] or the 0–11 year olds, the maximum attainable total population vaccine coverage is 79.8% or 84.9%. At a high R0 value of 4.5 or higher, these maximum total coverage levels are not enough to achieve HIT. Therefore, opening borders without vaccinating the under-12 group or the under-16 group were predicted to result in a large number of cases, hospitalisations, and deaths. For instance, where 0–11 year olds are not vaccinated and R0=4.5, the high-risk targeting strategy with a high uptake level 80% (over the maximum 84.9%) and a vaccine of 90/80% effectiveness was predicted to have lower deaths and total hospitalisations and more community cases."

        https://www.thelancet.com/journals/lanwpc/article/PIIS2666-6065(21)00165-6/fulltext

        The return to normal is NOT around the corner. Traffic lights ahead for quite some time… More discussions needed?

        • Julian Richards 3.2.1.1

          "and a vaccine of 90/80% effectiveness" … Six months down the track %effectiveness NOT looking so good. Not tracking well, 'red light'. Guaranteed mandatory boosters for all, 'green light'. And so on?

          Thinking… 

          • Ad 3.2.1.1.1

            So let me see …

            – Lowest .5% worldwide per capita for COVID mortality

            – Lowest 1% worldwide per capital for COVID infections

            – Health system adequately managing the stress of a 1-in100 year event

            – Lowest unemployment rate and plummeting underutilisation rate in the OECD

            – Booming economy, simultaneously weaned off multiple bulk low quality exports

            – One of the most popular governments in the world

            – In short New Zealand's government (particularly for its size and capacity) has been for nearly two years the best managed in the world.

            Wherever your "thinking aloud" is going, I challenge you right now to show how your "thinking aloud" will deliver better results than that.

            • Julian Richards 3.2.1.1.1.1

              Your 'challenge' is little more than ego. No single person is holy right or has the golden ticket!

              This is why A.i will be so much better than humans at anything and everything, A.i works together to problem solve just as a super organism should! And humans have this capability, but compromise and corrupt on our accent to the dizzying economical hieghts of monetary 'success'.

              To qoute Wal-E "I don't want to survive, I want to live"

            • Julian Richards 3.2.1.1.1.2

              Emotions don't care for facts. As seen by your triumphant display.

  4. DS 4

    This makes sure that BORA has a role in enactments by interpretation in the courts (s6). But it doesn’t override explicit enactments (s4) unless it can be shown that the limits are unreasonable in our society (s5).

    OK. There's a wee misunderstanding here. Ironically, it's (partly) the same misunderstanding advanced by the plaintiffs (see paragraphs 54-58 in the decision).

    For regulations and administrative decisions, you don't get to s6 and s4 of BORA. Basically, unless a statute has explicitly authorised unjustified BORA violations, subordinate decisions and orders made under that statute are thrown out under s5. Game over, unless the respondents can justify the infringement on rights. Which, in this case, they can, of course.

    Here, the plaintiffs were trying to get a reinterpretation of the Order under s6. But s6 doesn't apply to regulations and administrative decisions. It only applies to statutes themselves, and this case does not concern the primary statute, only the downstream Orders.

    Incidentally, if you can't reinterpret a statute to make it consistent with BORA, the statute is applied anyway under s4. There is no scope for courts overturning statutes, thank goodness.

  5. Foreign Waka 5

    You could add this for emphasis. I personally belief that people should have the right to chose but also the obligation to wear the consequences.

    https://bmcmedethics.biomedcentral.com/articles/10.1186/1472-6939-13-16

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    “I’ve been internalising a really complicated situation in my head.”When they kept telling us we should wait until we get to know him, were they taking the piss? Was it a case of, if you think this is bad, wait till you get to know the real Christopher, after the ...
    Nick’s KōreroBy Nick Rockel
    3 days ago
  • Bring out your Dad
    Happy fourth anniversary, Pandemic That Upended Bloody Everything. I have been observing it by enjoying my second bout of COVID. It’s 5.30 on Sunday morning and only now are lights turning back on for me.Allow me to copy and paste what I told reader Sara yesterday:Depleted, fogged and crappy. Resting, ...
    More Than A FeildingBy David Slack
    3 days ago
  • Bring out your Dad
    Happy fourth anniversary, Pandemic That Upended Bloody Everything. I have been observing it by enjoying my second bout of COVID. It’s 5.30 on Sunday morning and only now are lights turning back on for me.Allow me to copy and paste what I told reader Sara yesterday:Depleted, fogged and crappy. Resting, ...
    More Than A FeildingBy David Slack
    3 days ago
  • Bring out your Dad
    Happy fourth anniversary, Pandemic That Upended Bloody Everything. I have been observing it by enjoying my second bout of COVID. It’s 5.30 on Sunday morning and only now are lights turning back on for me.Allow me to copy and paste what I told reader Sara yesterday:Depleted, fogged and crappy. Resting, ...
    More Than A FeildingBy David Slack
    3 days ago
  • The bewildering world of Chris Luxon – Guns for all, not no lunch for kids
    .“$10 and a target that bleeds” - Bleeding Targets for Under $10!.Thanks for reading Frankly Speaking ! Subscribe for free to receive new posts and support my work.This government appears hell-bent on either scrapping life-saving legislation or reintroducing things that - frustrated critics insist - will be dangerous and likely ...
    Frankly SpeakingBy Frank Macskasy
    3 days ago
  • Expert Opinion: Ageing Boomers, Laurie & Les, Talk Politics.
    It hardly strikes me as fair to criticise a government for doing exactly what it said it was going to do. For actually keeping its promises.”THUNDER WAS PLAYING TAG with lightning flashes amongst the distant peaks. Its rolling cadences interrupted by the here-I-come-here-I-go Doppler effect of the occasional passing car. ...
    3 days ago
  • Manufacturing The Truth.
    Subversive & Disruptive Technologies: Just as happened with that other great regulator of the masses, the Medieval Church, the advent of a new and hard-to-control technology – the Internet –  is weakening the ties that bind. Then, and now, those who enjoy a monopoly on the dissemination of lies, cannot and will ...
    3 days ago
  • A Powerful Sensation of Déjà Vu.
    Been Here Before: To find the precedents for what this Coalition Government is proposing, it is necessary to return to the “glory days” of Muldoonism.THE COALITION GOVERNMENT has celebrated its first 100 days in office by checking-off the last of its listed commitments. It remains, however, an angry government. It ...
    3 days ago
  • Can you guess where world attention is focussed (according to Greenpeace)? It’s focussed on an EPA...
    Bob Edlin writes –  And what is the world watching today…? The email newsletter from Associated Press which landed in our mailbox early this morning advised: In the news today: The father of a school shooter has been found guilty of involuntary manslaughter; prosecutors in Trump’s hush-money case ...
    Point of OrderBy Bob Edlin
    3 days ago
  • Further integrity problems for the Greens in suspending MP Darleen Tana
    Bryce Edwards writes – Is another Green MP on their way out? And are the Greens severely tarnished by another integrity scandal? For the second time in three months, the Green Party has secretly suspended an MP over integrity issues. Mystery is surrounding the party’s decision to ...
    Point of OrderBy poonzteam5443
    4 days ago
  • Jacqui Van Der Kaay: Greens’ transparency missing in action
    For the last few years, the Green Party has been the party that has managed to avoid the plague of multiple scandals that have beleaguered other political parties. It appears that their luck has run out with a second scandal which, unfortunately for them, coincided with Golraz Ghahraman, the focus ...
    Democracy ProjectBy bryce.edwards
    4 days ago
  • Bernard’s Dawn Chorus with six newsey things at 6:46am for Saturday, March 16
    TL;DR: The six newsey things that stood out to me as of 6:46am on Saturday, March 16.Andy Foster has accidentally allowed a Labour/Green amendment to cut road user chargers for plug-in hybrid vehicles, which the Government might accept; NZ Herald Thomas Coughlan Simeon Brown has rejected a plea from Westport ...
    The KakaBy Bernard Hickey
    4 days ago
  • How Did FTX Crash?
    What seemed a booming success a couple of years ago has collapsed into fraud convictions.I looked at the crash of FTX (short for ‘Futures Exchange’) in November 2022 to see whether it would impact on the financial system as a whole. Fortunately there was barely a ripple, probably because it ...
    PunditBy Brian Easton
    4 days ago
  • Elections in Russia and Ukraine
    Anybody following the situation in Ukraine and Russia would probably have been amused by a recent Tweet on X NATO seems to be putting in an awful lot of effort to influence what is, at least according to them, a sham election in an autocracy.When do the Ukrainians go to ...
    4 days ago
  • Bernard’s six stack of substacks at 6pm on March 15
    TL;DR: Shaun Baker on Wynyard Quarter's transformation. Magdalene Taylor on the problem with smart phones. How private equity are now all over reinsurance. Dylan Cleaver on rugby and CTE. Emily Atkin on ‘Big Meat’ looking like ‘Big Oil’.Bernard’s six-stack of substacks at 6pm on March 15Photo by Jeppe Hove Jensen ...
    The KakaBy Bernard Hickey
    4 days ago
  • Buzz from the Beehive Finance Minister Nicola Willis had plenty to say when addressing the Auckland Business Chamber on the economic growth that (she tells us) is flagging more than we thought. But the government intends to put new life into it:  We want our country to be a ...
    Point of OrderBy Bob Edlin
    4 days ago
  • National’s clean car tax advances
    The Transport and Infrastructure Committee has reported back on the Road User Charges (Light Electric RUC Vehicles) Amendment Bill, basicly rubberstamping it. While there was widespread support among submitters for the principle that EV and PHEV drivers should pay their fair share for the roads, they also overwhelmingly disagreed with ...
    No Right TurnBy Idiot/Savant
    4 days ago
  • Government funding bailouts
    Peter Dunne writes – This week’s government bailout – the fifth in the last eighteen months – of the financially troubled Ruapehu Alpine Lifts company would have pleased many in the central North Island ski industry. The government’s stated rationale for the $7 million funding was that it ...
    Point of OrderBy poonzteam5443
    4 days ago
  • Two offenders, different treatments.
    See if you can spot the difference. An Iranian born female MP from a progressive party is accused of serial shoplifting. Her name is leaked to the media, which goes into a pack frenzy even before the Police launch an … Continue reading ...
    KiwipoliticoBy Pablo
    4 days ago
  • Treaty references omitted
    Ele Ludemann writes  – The government is omitting general Treaty references from legislation : The growth of Treaty of Waitangi clauses in legislation caused so much worry that a special oversight group was set up by the last Government in a bid to get greater coherence in the public service on Treaty ...
    Point of OrderBy poonzteam5443
    4 days ago
  • The Ghahraman Conflict
    What was that judge thinking? Peter Williams writes –  That Golriz Ghahraman and District Court Judge Maria Pecotic were once lawyer colleagues is incontrovertible. There is published evidence that they took at least one case to the Court of Appeal together. There was a report on ...
    Point of OrderBy poonzteam5443
    4 days ago
  • Bernard's Top 10 @ 10 'pick 'n' mix' for March 15
    TL;DR: My top 10 news and analysis links this morning include:Today’s must-read: Climate Scorpion – the sting is in the tail. Introducing planetary solvency. A paper via the University of Exeter’s Institute and Faculty of Actuaries.Local scoop: Kāinga Ora starts pulling out of its Auckland projects and selling land RNZ ...
    The KakaBy Bernard Hickey
    5 days ago
  • The day Wellington up-zoned its future
    Wellington’s massively upzoned District Plan adds the opportunity for tens of thousands of new homes not just in the central city (such as these Webb St new builds) but also close to the CBD and public transport links. Photo: Lynn Grieveson / The KākāTL;DR: Wellington gave itself the chance of ...
    The KakaBy Bernard Hickey
    5 days ago
  • Weekly Roundup 15-March-2024
    It’s Friday and we’re halfway through March Madness. Here’s some of the things that caught our attention this week. This Week in Greater Auckland On Monday Matt asked how we can get better event trains and an option for grade separating Morningside Dr. On Tuesday Matt looked into ...
    Greater AucklandBy Greater Auckland
    5 days ago
  • That Word.
    Something you might not know about me is that I’m quite a stubborn person. No, really. I don’t much care for criticism I think’s unfair or that I disagree with. Few of us do I suppose.Back when I was a drinker I’d sometimes respond defensively, even angrily. There are things ...
    Nick’s KōreroBy Nick Rockel
    5 days ago
  • The Hoon around the week to March 15
    Photo: Lynn Grieveson / The KākāTL;DR: The five things that mattered in Aotearoa’s political economy that we wrote and spoke about via The Kākā and elsewhere for paying subscribers in the last week included:PM Christopher Luxon said the reversal of interest deductibility for landlords was done to help renters, who ...
    The KakaBy Bernard Hickey
    5 days ago
  • Labour’s policy gap
    It was not so much the Labour Party but really the Chris Hipkins party yesterday at Labour’s caucus retreat in Martinborough. The former Prime Minister was more or less consistent on wealth tax, which he was at best equivocal about, and social insurance, which he was not willing to revisit. ...
    PolitikBy Richard Harman
    5 days ago
  • Skeptical Science New Research for Week #11 2024
    Open access notables A Glimpse into the Future: The 2023 Ocean Temperature and Sea Ice Extremes in the Context of Longer-Term Climate Change, Kuhlbrodt et al., Bulletin of the American Meteorological Society: In the year 2023, we have seen extraordinary extrema in high sea surface temperature (SST) in the North Atlantic and in ...
    5 days ago
  • Melissa remains mute on media matters but has something to say (at a sporting event) about economic ...
     Buzz from the Beehive   The text reproduced above appears on a page which records all the media statements and speeches posted on the government’s official website by Melissa Lee as Minister of Media and Communications and/or by Jenny Marcroft, her Parliamentary Under-secretary.  It can be quickly analysed ...
    Point of OrderBy Bob Edlin
    5 days ago
  • The return of Muldoon
    For forty years, Robert Muldoon has been a dirty word in our politics. His style of government was so repulsive and authoritarian that the backlash to it helped set and entrench our constitutional norms. His pig-headedness over forcing through Think Big eventually gave us the RMA, with its participation and ...
    No Right TurnBy Idiot/Savant
    5 days ago
  • Will the rental tax cut improve life for renters or landlords?
    Bryce Edwards writes –  Is the new government reducing tax on rental properties to benefit landlords or to cut the cost of rents? That’s the big question this week, after Associate Finance Minister David Seymour announced on Sunday that the Government would be reversing the Labour Government’s removal ...
    Point of OrderBy poonzteam5443
    5 days ago
  • Geoffrey Miller: What Saudi Arabia’s rapid changes mean for New Zealand
    Saudi Arabia is rarely far from the international spotlight. The war in Gaza has brought new scrutiny to Saudi plans to normalise relations with Israel, while the fifth anniversary of the controversial killing of Jamal Khashoggi was marked shortly before the war began on October 7. And as the home ...
    Democracy ProjectBy Geoffrey Miller
    5 days ago
  • Racism’s double standards
    Questions need to be asked on both sides of the world Peter Williams writes –   The NRL Judiciary hands down an eight week suspension to Sydney Roosters forward Spencer Leniu , an Auckland-born Samoan, after he calls Ezra Mam, Sydney-orn but of Aboriginal and Torres Strait ...
    Point of OrderBy poonzteam5443
    5 days ago
  • It’s not a tax break
    Ele Ludemann writes – Contrary to what many headlines and news stories are saying, residential landlords are not getting a tax break. The government is simply restoring to them the tax deductibility of interest they had until the previous government removed it. There is no logical reason ...
    Point of OrderBy poonzteam5443
    6 days ago
  • The Plastic Pig Collective and Chris' Imaginary Friends.
    I can't remember when it was goodMoments of happiness in bloomMaybe I just misunderstoodAll of the love we left behindWatching our flashbacks intertwineMemories I will never findIn spite of whatever you becomeForget that reckless thing turned onI think our lives have just begunI think our lives have just begunDoes anyone ...
    Nick’s KōreroBy Nick Rockel
    6 days ago
  • Who is responsible for young offenders?
    Michael Bassett writes – At first reading, a front-page story in the New Zealand Herald on 13 March was bizarre. A group of severely intellectually limited teenagers, with little understanding of the law, have been pleading to the Justice Select Committee not to pass a bill dealing with ram ...
    Point of OrderBy poonzteam5443
    6 days ago
  • Gordon Campbell on National’s fantasy trip to La La Landlord Land
    How much political capital is Christopher Luxon willing to burn through in order to deliver his $2.9 billion gift to landlords? Evidently, Luxon is: (a) unable to cost the policy accurately. As Anna Burns-Francis pointed out to him on Breakfast TV, the original ”rock solid” $2.1 billion cost he was ...
    6 days ago
  • Bernard's Top 10 @ 10 'pick 'n' mix' for March 14
    TL;DR: My top 10 news and analysis links this morning include:Today’s must-read: Jonathon Porritt calling bullshit in his own blog post on mainstream climate science as ‘The New Denialism’.Local scoop: The Wellington City Council’s list of proposed changes to the IHP recommendations to be debated later today was leaked this ...
    The KakaBy Bernard Hickey
    6 days ago
  • No, Prime Minister, rents don’t rise or fall with landlords’ costs
    TL;DR: Prime Minister Christopher Luxon said yesterday tenants should be grateful for the reinstatement of interest deductibility because landlords would pass on their lower tax costs in the form of lower rents. That would be true if landlords were regulated monopolies such as Transpower or Auckland Airport1, but they’re not, ...
    The KakaBy Bernard Hickey
    6 days ago
  • Cartoons: ‘At least I didn’t make things awkward’
    This is a re-post from Yale Climate Connections by Tom Toro Tom Toro is a cartoonist and author. He has published over 200 cartoons in The New Yorker since 2010. His cartoons appear in Playboy, the Paris Review, the New York Times, American Bystander, and elsewhere. Related: What 10 EV lovers ...
    6 days ago
  • Solving traffic congestion with Richard Prebble
    The business section of the NZ Herald is full of opinion. Among the more opinionated of all is the ex-Minister of Transport, ex-Minister of Railways, ex MP for Auckland Central (1975-93, Labour), Wellington Central (1996-99, ACT, then list-2005), ex-leader of the ACT Party, uncle to actor Antonia, the veritable granddaddy ...
    Greater AucklandBy Patrick Reynolds
    6 days ago
  • I Think I'm Done Flying Boeing
    Hi,Just quickly — I’m blown away by the stories you’ve shared with me over the last week since I put out the ‘Gary’ podcast, where I told you about the time my friend’s flatmate killed the neighbour.And you keep telling me stories — in the comments section, and in my ...
    David FarrierBy David Farrier
    6 days ago
  • Invoking Aristotle: Of Rings of Power, Stones, and Ships
    The first season of Rings of Power was not awful. It was thoroughly underwhelming, yes, and left a lingering sense of disappointment, but it was more expensive mediocrity than catastrophe. I wrote at length about the series as it came out (see the Review section of the blog, and go ...
    6 days ago
  • Van Velden brings free-market approach to changing labour laws – but her colleagues stick to distr...
    Buzz from the Beehive Workplace Relations and Safety Minister Brooke van Velden told Auckland Business Chamber members they were the first audience to hear her priorities as a minister in a government committed to cutting red tape and regulations. She brandished her liberalising credentials, saying Flexible labour markets are the ...
    Point of OrderBy Bob Edlin
    6 days ago
  • Why Newshub failed
    Chris Trotter writes – TO UNDERSTAND WHY NEWSHUB FAILED, it is necessary to understand how TVNZ changed. Up until 1989, the state broadcaster had been funded by a broadcasting licence fee, collected from every citizen in possession of a television set, supplemented by a relatively modest (compared ...
    Point of OrderBy poonzteam5443
    6 days ago
  • Māori Party on the warpath against landlords and seabed miners – let’s see if mystical creature...
    Bob Edlin writes  –  The Māori Party has been busy issuing a mix of warnings and threats as its expresses its opposition to interest deductibility for landlords and the plans of seabed miners. It remains to be seen whether they  follow the example of indigenous litigants in Australia, ...
    Point of OrderBy Bob Edlin
    6 days ago

  • Government moves to quickly ratify the NZ-EU FTA
    "The Government is moving quickly to realise an additional $46 million in tariff savings in the EU market this season for Kiwi exporters,” Minister for Trade and Agriculture, Todd McClay says. Parliament is set, this week, to complete the final legislative processes required to bring the New Zealand – European ...
    BeehiveBy beehive.govt.nz
    7 hours ago
  • Positive progress for social worker workforce
    New Zealand’s social workers are qualified, experienced, and more representative of the communities they serve, Social Development and Employment Minister Louise Upston says. “I want to acknowledge and applaud New Zealand’s social workers for the hard work they do, providing invaluable support for our most vulnerable. “To coincide with World ...
    BeehiveBy beehive.govt.nz
    12 hours ago
  • Minister confirms reduced RUC rate for PHEVs
    Cabinet has agreed to a reduced road user charge (RUC) rate for plug-in hybrid electric vehicles (PHEVs), Transport Minister Simeon Brown says. Owners of PHEVs will be eligible for a reduced rate of $38 per 1,000km once all light electric vehicles (EVs) move into the RUC system from 1 April.  ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • Trade access to overseas markets creates jobs
    Minister of Agriculture and Trade, Todd McClay, says that today’s opening of Riverland Foods manufacturing plant in Christchurch is a great example of how trade access to overseas markets creates jobs in New Zealand.  Speaking at the official opening of this state-of-the-art pet food factory the Minister noted that exports ...
    BeehiveBy beehive.govt.nz
    15 hours ago
  • NZ and Chinese Foreign Ministers hold official talks
    Minister of Foreign Affairs Winston Peters met with Chinese Foreign Minister Wang Yi in Wellington today. “It was a pleasure to host Foreign Minister Wang Yi during his first official visit to New Zealand since 2017. Our discussions were wide-ranging and enabled engagement on many facets of New Zealand’s relationship with China, including trade, ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Kāinga Ora instructed to end Sustaining Tenancies
    Kāinga Ora – Homes & Communities has been instructed to end the Sustaining Tenancies Framework and take stronger measures against persistent antisocial behaviour by tenants, says Housing Minister Chris Bishop. “Earlier today Finance Minister Nicola Willis and I sent an interim Letter of Expectations to the Board of Kāinga Ora. ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Speech to Auckland Business Chamber: Growth is the answer
    Tēna koutou katoa. Greetings everyone. Thank you to the Auckland Chamber of Commerce and the Honourable Simon Bridges for hosting this address today. I acknowledge the business leaders in this room, the leaders and governors, the employers, the entrepreneurs, the investors, and the wealth creators. The coalition Government shares your ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Singapore rounds out regional trip
    Minister Winston Peters completed the final leg of his visit to South and South East Asia in Singapore today, where he focused on enhancing one of New Zealand’s indispensable strategic partnerships.      “Singapore is our most important defence partner in South East Asia, our fourth-largest trading partner and a ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Minister van Velden represents New Zealand at International Democracy Summit
    Minister of Internal Affairs and Workplace Relations and Safety, Hon. Brooke van Velden, will travel to the Republic of Korea to represent New Zealand at the Third Summit for Democracy on 18 March. The summit, hosted by the Republic of Korea, was first convened by the United States in 2021, ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Insurance Council of NZ Speech, 7 March 2024, Auckland
    ICNZ Speech 7 March 2024, Auckland  Acknowledgements and opening  Mōrena, ngā mihi nui. Ko Andrew Bayly aho, Nor Whanganui aho.  Good morning, it’s a privilege to be here to open the ICNZ annual conference, thank you to Mark for the Mihi Whakatau  My thanks to Tim Grafton for inviting me ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Five-year anniversary of Christchurch terror attacks
    Prime Minister Christopher Luxon and Lead Coordination Minister Judith Collins have expressed their deepest sympathy on the five-year anniversary of the Christchurch terror attacks. “March 15, 2019, was a day when families, communities and the country came together both in sorrow and solidarity,” Mr Luxon says.  “Today we pay our respects to the 51 shuhada ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Speech for Financial Advice NZ Conference 5 March 2024
    Speech for Financial Advice NZ Conference 5 March 2024  Acknowledgements and opening  Morena, Nga Mihi Nui.  Ko Andrew Bayly aho, Nor Whanganui aho. Thanks Nate for your Mihi Whakatau  Good morning. It’s a pleasure to formally open your conference this morning. What a lovely day in Wellington, What a great ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Early visit to Indonesia strengthens ties
    Foreign Minister Winston Peters held discussions in Jakarta today about the future of relations between New Zealand and South East Asia’s most populous country.   “We are in Jakarta so early in our new government’s term to reflect the huge importance we place on our relationship with Indonesia and South ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • China Foreign Minister to visit
    Deputy Prime Minister and Minister of Foreign Affairs Winston Peters has announced that the Foreign Minister of China, Wang Yi, will visit New Zealand next week.  “We look forward to re-engaging with Foreign Minister Wang Yi and discussing the full breadth of the bilateral relationship, which is one of New Zealand’s ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Minister opens new Auckland Rail Operations Centre
    Transport Minister Simeon Brown has today opened the new Auckland Rail Operations Centre, which will bring together KiwiRail, Auckland Transport, and Auckland One Rail to improve service reliability for Aucklanders. “The recent train disruptions in Auckland have highlighted how important it is KiwiRail and Auckland’s rail agencies work together to ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Celebrating 10 years of Crankworx Rotorua
    The Government is proud to support the 10th edition of Crankworx Rotorua as the Crankworx World Tour returns to Rotorua from 16-24 March 2024, says Minister for Economic Development Melissa Lee.  “Over the past 10 years as Crankworx Rotorua has grown, so too have the economic and social benefits that ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Government delivering on tax commitments
    Legislation implementing coalition Government tax commitments and addressing long-standing tax anomalies will be progressed in Parliament next week, Finance Minister Nicola Willis says. The legislation is contained in an Amendment Paper to the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Bill issued today.  “The Amendment Paper represents ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Significant Natural Areas requirement to be suspended
    Associate Environment Minister Andrew Hoggard has today announced that the Government has agreed to suspend the requirement for councils to comply with the Significant Natural Areas (SNA) provisions of the National Policy Statement for Indigenous Biodiversity for three years, while it replaces the Resource Management Act (RMA).“As it stands, SNAs ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government classifies drought conditions in Top of the South as medium-scale adverse event
    Agriculture Minister Todd McClay has classified the drought conditions in the Marlborough, Tasman, and Nelson districts as a medium-scale adverse event, acknowledging the challenging conditions facing farmers and growers in the district. “Parts of Marlborough, Tasman, and Nelson districts are in the grip of an intense dry spell. I know ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government partnership to tackle $332m facial eczema problem
    The Government is helping farmers eradicate the significant impact of facial eczema (FE) in pastoral animals, Agriculture Minister Todd McClay announced.  “A $20 million partnership jointly funded by Beef + Lamb NZ, the Government, and the primary sector will save farmers an estimated NZD$332 million per year, and aims to ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • NZ, India chart path to enhanced relationship
    Foreign Minister Winston Peters has completed a successful visit to India, saying it was an important step in taking the relationship between the two countries to the next level.   “We have laid a strong foundation for the Coalition Government’s priority of enhancing New Zealand-India relations to generate significant future benefit for both countries,” says Mr Peters, ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Ruapehu Alpine Lifts bailout the last, say Ministers
    Cabinet has agreed to provide $7 million to ensure the 2024 ski season can go ahead on the Whakapapa ski field in the central North Island but has told the operator Ruapehu Alpine Lifts it is the last financial support it will receive from taxpayers. Cabinet also agreed to provide ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Govt takes action to drive better cancer services
    Health Minister Dr Shane Reti says the launch of a new mobile breast screening unit in Counties Manukau reinforces the coalition Government’s commitment to drive better cancer services for all New Zealanders. Speaking at the launch of the new mobile clinic, Dr Reti says it’s a great example of taking ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Govt takes action to drive better cancer services
    Health Minister Dr Shane Reti says the launch of a new mobile breast screening unit in Counties Manukau reinforces the coalition Government’s commitment to drive better cancer services for all New Zealanders. Speaking at the launch of the new mobile clinic, Dr Reti says it’s a great example of taking ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Work begins on SH29 upgrades near Tauriko
    Unlocking economic growth and land for housing are critical elements of the Government’s plan for our transport network, and planned upgrades to State Highway 29 (SH29) near Tauriko will deliver strongly on those priorities, Transport Minister Simeon Brown says. “The SH29 upgrades near Tauriko will improve safety at the intersections ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Work begins on SH29 upgrades near Tauriko
    Unlocking economic growth and land for housing are critical elements of the Government’s plan for our transport network, and planned upgrades to State Highway 29 (SH29) near Tauriko will deliver strongly on those priorities, Transport Minister Simeon Brown says. “The SH29 upgrades near Tauriko will improve safety at the intersections ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Fresh produce price drop welcome
    Lower fruit and vegetable prices are welcome news for New Zealanders who have been doing it tough at the supermarket, Finance Minister Nicola Willis says. Stats NZ reported today the price of fruit and vegetables has dropped 9.3 percent in the 12 months to February 2024.  “Lower fruit and vege ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Statement to the 68th United Nations Commission on the Status of Women
    Tēnā koutou katoa and greetings to you all.  Chair, I am honoured to address the sixty-eighth session of the Commission on the Status of Women. I acknowledge the many crises impacting the rights of women and girls. Heightened global tensions, war, climate related and humanitarian disasters, and price inflation all ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Speech to the 68th United Nations Commission on the Status of Women (CSW68)
    Tēnā koutou katoa and greetings to you all.  Chair, I am honoured to address the 68th session of the Commission on the Status of Women. I acknowledge the many crises impacting the rights of women and girls. Heightened global tensions, war, climate related and humanitarian disasters, and price inflation all ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Government backs rural led catchment projects
    The coalition Government is supporting farmers to enhance land management practices by investing $3.3 million in locally led catchment groups, Agriculture Minister Todd McClay announced. “Farmers and growers deliver significant prosperity for New Zealand and it’s vital their ongoing efforts to improve land management practices and water quality are supported,” ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Speech to Auckland Business Chamber
    Good evening everyone and thank you for that lovely introduction.   Thank you also to the Honourable Simon Bridges for the invitation to address your members. Since being sworn in, this coalition Government has hit the ground running with our 100-day plan, delivering the changes that New Zealanders expect of us. ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Commission’s advice on ETS settings tabled
    Recommendations from the Climate Change Commission for New Zealand on the Emissions Trading Scheme (ETS) auction and unit limit settings for the next five years have been tabled in Parliament, Climate Change Minister Simon Watts says. “The Commission provides advice on the ETS annually. This is the third time the ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government lowering building costs
    The coalition Government is beginning its fight to lower building costs and reduce red tape by exempting minor building work from paying the building levy, says Building and Construction Minister Chris Penk. “Currently, any building project worth $20,444 including GST or more is subject to the building levy which is ...
    BeehiveBy beehive.govt.nz
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  • Trustee tax change welcomed
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