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  • Writer's pictureGary Moller

Where did our Rights Go?

Updated: Mar 17

A press release by Dr Guy Hatchard.


Justice is blind
Is Justice still blind?

Gary:

The following article is by Dr Guy Hatchard, commenting on a High Court ruling which appears to show our Bill of Rights is not as protective of our rights as most might think. My initial response, when learning of this court ruling was to feel outraged and let down, but we must remain clear and positive in our messaging and encourage critical thinking and positive action to make things better rather than worse. Things are already bad enough, so we must go forward with care. What I like about Dr Hatchard is his diplomacy and clarity, as well as his willingness to speak out on matters that concern him, rather than remain silent.

 

Today the High Court ruled that whilst vaccine mandates can create bullying, harassment, and vilification of the unvaccinated and their family members, they do not breach the NZ Bill of Rights. This means that Justice Matthew Palmer believed that vaccine mandates do not violate the provisions of the NZ Bill of Rights including:

  1. “Right not to be subjected to medical or scientific experimentation” or

  2. “Freedom of thought conscience or religion” or

  3. “Freedom from discrimination” or

  4. “Right to refuse to undergo medical treatment” or

  5. “Rights of minorities”.


In ruling against the plaintiffs' Justice Palmer appealed to section 5 of the NZ Bill of Rights which says: “the rights and freedoms expressed in this Bill of Rights may be subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”. You might join me in thinking that Section 5 is chilling in the way that it asserts the ability of parliament to overrule our rights and implies that the majority may impose its views on the minority. How did this happen? Before 2004, NZers had the right to appeal to the Privy Council in the UK. The UK judicial process has essential guarantees built into its constitution known as Common Law. Common-Law dates back to the 13th century and to the confrontation between the rebel Barons and King John which resulted in the Magna Carta Libertatum (Great Charter of Freedoms) being signed at Runnymede. Common-Law is perpetuated when justices invoke ancient principles of fairness and rights in their interpretation of the law. Lord Chief Justice Denning, Master of the Rolls, and famous advocate of individual justice defined the effect of Common Law as “what right-thinking men consider to be fair between man and man and in these days between man and the state” (please forgive his gender bias in an earlier age) Helen Clark decided that our right of appeal to the Privy Council was archaic and should be replaced by an NZ institution—the Supreme Court. That seems OK, but in so doing she quietly replaced the central role of Common Law in the judicial process with the ‘supremacy of Parliament’. Parliament now has the right to do almost anything it wishes, even extending to the amendment of legislation with retrospective effect. The NZ courts have consistently taken the view that their role is not to interfere with but rather support the intent of Parliament. The NZ Bill of Rights Act of 1990 thereby has no teeth, it is advisory only and its provisions are regularly ignored or overruled by the courts. Jacinda Ardern and her government, riding on an absolute parliamentary majority, have today exploited parliament’s supremacy to the full. Crown lawyers have sought and succeeded in painting the imposition of medical risk as a democratic and social good in times of emergency. Concerns raised by scientific research publications did not play a part in today’s judgement, the law does not require science to be followed only the intention of parliament. Can we be forgiven for drawing a parallel between 12th November 2021 and 31st March 1933 when the German government passed an innocent-sounding law called the Temporary Law for Coordination (Gleichschaltung)? This proceeded along two related paths: synchronisation of all government institutions and mobilization of all citizens for the National Socialist cause. This law paved the way for the creation of all subsequent instruments of mass control and exploitation in the Nazi state. This situation can only be avoided by the repeal of Section 5 of the NZ Bill of Rights.

Guy Hatchard PhD

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6 commenti


chalamad
12 nov 2021

The prolific U.S. historian, Howard Zinn, once stated that most of the hardship in the world has been brought on by willingness to conform to evil systems of control, not resistance to them. In dissent lies the answer, not silent despair. Most people find comfort through conformism, a death knell for the species at this point. It was Plato who said that our silence is a signal of our agreement and that our political inaction will inevitably lead us to being ruled by our inferiors. With the threats of climate change and nuclear war, among others looming on the horizon, will humanity wake up in time? What I am relatively sure of is that the only way to guarantee failure…

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Gary Moller
Gary Moller
12 nov 2021
Risposta a

Chalamad, it is time for change, for people to be consulted. Talk to your friends, attend the rallies coming up and bring everyone you know with you.

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Kiwi Cam
Kiwi Cam
12 nov 2021

And many of us would have thought that good ole NZ would never stoop to these levels. Surely the people would not allow it to happen. Right?! We're in quite the predicament. Hopefully someday in the near future (before too late) we can unite against this tyranny. Stay strong.

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chalamad
12 nov 2021
Risposta a

I used to think the same thing about the "good ole USA." We turned out to be the worst of the worst--rotten to the core! Don't get me started. I might not stop.


It's healthy to lose our patriotic fervor and come together so that one day those who succeed us might find themselves in a world without borders where actual freedom reigns. That spiritual death inside us represents hope for humankind and the dawn of a new era. If only everyone on the planet was having such awakenings...


We might fail. Failure isn't a foregone conclusion.


"Those who love peace must learn to organize as effectively as those who love war."


"Nationalism is an infantile disease; it is the…


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la-nate
12 nov 2021

This is absolutely criminal. This govt, its unelected cohorts, the MSM and the so called Justice system should all be rounded up. I hope the people in this country finally wake up to what is really going on behind the screen of "covid". This Judge should have been asked where the Pandemic was? I have been waiting for 18 months for this "death and destruction" to hit, Still Waiting. The biggest con ever perpetuated on mankind ever.


Since when does a court act on what a govt of the day says? Disgusting, shameful and I can't wait for them all to be brought down.

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Gary Moller
Gary Moller
12 nov 2021
Risposta a

There are many things happening which are very disturbing. What makes it worse is there is no apparent debate by Opposition Parties and the media is quiet. This kind of thing should be headline news.

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