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Bring Back Common Sense for the NZTSOS Appeal Case on 19 April

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A plain-language approach to deciding whether mandates were appropriate.

The role of a lawyer sometimes seems to be to make something that is simple and straightforward, as convoluted, complicated and unfathomable as possible by wrapping it in complex and deceptive language and arguing tangential issues while at the same time avoiding the key questions.

With the upcoming High Court appeal by NZTSOS of our combined case in March 2022 challenging the vaccine mandate, we thought a common sense, plain English commentary might be helpful.  Sometimes common sense gets lost in the jargon.

When deciding whether mandating vaccines in 2021 was appropriate, an ordinary person might have asked:

Is the proposed measure up to the task?  This could encompass three questions:

  • Is it necessary?
  • Is it safe?
  • Is it effective?

Let’s consider these points in order.

Was a vaccine mandate necessary?  

NZDSOS and NZTSOS argued they weren’t.  By the time mandates were imposed on their sectors it was evident that: 

  • Covid was an illness with a mortality (death rate) and morbidity (illness rate) similar to the flu, (where draconian measures were already known to be ineffective),
  • definitions of things such as ‘pandemic’, ‘case’, ‘vaccine’, ‘herd immunity’ had all been altered to make things appear much more serious than they were,
  • PCR tests and other measures had been used to inflate the numbers of both cases and deaths artificially,  
  • Covid was a treatable illness with readily available medications for those cases where anything more than supportive measures were needed,  
  • doctors had been severely curtailed – even driven from medicine-  for discussing the above or prescribing effective treatments,
  • there were other ways to mitigate the perceived risks such as RATs, remote working, staying home when unwell and natural immunity.

Was the vaccine safe?

NZDSOS and NZTSOS argued that there was insufficient evidence to show this.  By the time mandates were imposed on their sectors:

  • the vaccine still only had provisional consent due to missing data,
  • the Risk Management Plan (RMP) detailed a list of known and potential risks which included myocarditis, pericarditis and vaccine-associated enhanced disease,
  • information detailed as missing in the RMP included long term safety data, use in pregnancy, the frail elderly, autoimmune and in inflammatory conditions,
  • it was evident that some of the risks could be lethal as people had died from myocarditis,
  • the three-month safety data provided to Medsafe had documented 1223 reports of death following vaccination,
  • there was a lengthy list of other possible adverse effects in the same document,
  • the NZ government was expecting 1% vaccinees to suffer a serious reaction requiring time off work,
  • there were already 982 cases of serious adverse events and 91 deaths reported to NZ’s Centre for Adverse Reactions Monitoring (CARM) in Safety Report 32 as at 9 October 2021
  • there was evidence of vaccine damage suffered by both health and education workers,
  • those injured by jab one were denied exemptions and were being forced to get the second, despite Pfizer itself advising against a second if a significant reaction occurred. 

Was the vaccine effective?

NZDSOS and NZTSOS argued that the evidence was not there to show this.  By the time mandates were imposed on their sectors:

  • it was known that the original clinical trial had not studied prevention of transmission,
  • the absolute risk reduction in the clinical trial was only 0.84% (it was the relative risk reduction reflective of only 170 trial participants that was 95%)
  • Chris James of Medsafe had said in February 2021 ‘I am not satisfied that I should give my consent to the distribution of the product’, because the benefit-risk balance was not clear to him,
  • Dr Bloomfield had advised Chris Hipkins in February 2021: “We do not yet have conclusive evidence on the effectiveness of the Pfizer vaccine at preventing or reducing transmission to be confident of the public health value of this vaccination, beyond the individual level.”,
  • Dr Bloomfield had also advised Minister Hipkins that ‘mandatory vaccination is unlikely to be a justified limitation of the right to refuse medical treatment under Section 11 of the BORA’ due to the lack of evidence about prevention of transmission,
  • it was becoming increasingly obvious that vaccination did not prevent infection as ‘breakthrough’ infections were occurring,
  • studies were finding just as much viral load in vaccinated as unvaccinated people.

The role of the court when conducting this judicial review for NZDSOS and NZTSOS in March 2022 was to determine whether the mandates were a ‘reasonable and demonstrably justified limitation’ (as per section 5 of the New Zealand Bill of Rights Act) on the right to decline medical treatment.

New Zealand has legislation in place to protect our fundamental rights, legislation such as the Bill of Rights Act (BORA) and Health and Disability Commissioner (HDC) Acts.  If these fundamental rights are to be infringed upon, in a potentially lethal way, it is the job of the courts to ensure this is justified.  Justice Cooke said there was a “very significant evidential burden placed on the Crown” to demonstrate this justification. Common sense agrees and we would like to see the justification for mandates demonstrated by the Crown.

In light of the above, would an ordinary person say that the mandates were a justified limitation of our right to decline medical treatment?  We think not, and even more strongly so now, with excessive All-Cause Mortality and Sudden Adult (and Child) Death Syndrome being clearly caused by the jab rollout.

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32 Comments

    1. The bioweapon was manufactured over many years in laboratories under the direction of DARPA, the USA defence department and NIH funding. It was indeed efective in its objectives, which are control and submission of the population. It was and is still safe to have been part of the developlment and release of this bioweapon for recipients of World Goverment favour [ Tedros, Fauci, Gates Baric, and Daszak ] . Bloomfield and the deranged useful idiot Ardern are despicable. . Ardern is soon enough to be favoured with high appointment within the World Government’s UN. The World Government actions against us will eventually lead to revolution if people can ever drag themselves away fron their TV sets

  1. This terrible time would have been so much worse were it not for NZDSOS and The New Zealand Health Forum, working to insert common sense into the frenzied and nonsensical chaos.

  2. The facts are catastrophic. Judges are normative agents. Ignorance is clearly the norm.

    The math depends on us.

  3. My gut feeling told me that this was not a good idea and reading readers digest when i was a kid made me very hesitant about pharmaceuticals.

  4. After so many court cases, including the recent one from whistleblower Brooke Jackson being denied justice, I’m afraid it may take longer for the judicial system to be held to account for allowing our Human Rights to be trampled over. But there is always hope, and setting things out like this in plain English helps spread the logic of ethical, common sense more widely. Thank you.

  5. Mandates were a violation of human rights and not justified on a corrupt experimental medicines may the crimson be tried and convicted for their crimes against humanity.

  6. common sense, logic and facts will always be just that. There is simply no other reason for ignoring exceptional medical advise and all the injured peopleand then silencing highly intelligent respected people’s point of view if this all wasn’t pre meditated?? Nzdsos are experts in there fields and have all done extensive research and are been silenced?? speaks volumes people?? wake up, simply wake up. enough nonsense is enough nonsense. we the people have the power, ( hence the divide) they want us arguing over any thing, sex, gender, vax, non vax, race, because they no wen we stand together we will beat them so easily. c’mon kiwis were 1, were not racist, sexist, byist . they are our public servants, they work for us, they don’t tell us what to do? we tell them, powers with the people and there voted in only to serve the people. let’s stand, let’s roll

  7. Much wrongdoing was done by the higher personal and fed through the chain of departments effected by the Mandates, which caused many different unnecessary situations which effected many people in so many ways of which the list is to long to name.

  8. I hope and pray that justice is served and that all those mandated out of their jobs (and continue to be as of this day) will get their jobs back. It was never safe or effective – this was all a ruse to make millions for big pharma at the expense of our own health.

  9. Thank you for continuing on with this. I understand that Joe Biden’s Mandates, though unpopular in parts of the US and the cause of notable controversy and litigation, required testing OR vaccination. Unlike NZ.

  10. Lets hope we can get some kind of justice and accountability. I think the public would appreciate it.

  11. I don’t understand: do you disagree that the Crown has significant evidential burden to demonstrate that mandates were justified??

  12. This case will, unfortunately, necessarily and artificially fail.
    The facts do not matter, it is the plan to override country’s rights, by WHO, that matters most because that is a manipulated entity that can provide more massive profits to those really in control of us.
    The judges are shown to no longer be independent, and I am hopeful there will be a “deathbed confession” soon.

  13. Unfortunately the justice system in NZ is demonstrably lacking in true unbiased decision making. Whether the justices are corrupt, or simply stupid, is arguable.
    As for the medical profession, my latest experience is a friend heading off, reluctantly, for a flu shot. The nurse suggested he receive his c19 booster, at the same time. When questioned, she stated it was “proven safe” to get them together. This is the quality of medical advice now in NZ. The NZ Medical council is utterly corrupt. I have written to them, many times. Never answered. We live in a tyranny.

  14. I lost my 23yr career as a very passionate kindergarten teacher and now I’ve watched my very healthy brother die of cancer in 7 months after his 3th jab, my sister has hyperthyroidism and other family and friends always seem to be sick.

  15. Covid is just the flu. The old people in the rest home where my mum is get locked in their rooms for 8 days as if it’s deadly contagious which, after all the boosters it shouldn’t be … right? My mom was tested because she was shivering after shower! Not allowed to sneeze or shiver these days! But the point is the old people in these home are NOT dying form covid. I work in another rest home. The get a runny nose test positive and test positive the after a few days bounce back completely.

  16. Typo?
    “Justice Cooke said there was a “very significant evidential burden placed on the Crown” to demonstrate this justification. Common sense disagrees.”
    Shouldn’t the last sentence be “Common sense agrees”?

  17. Thank you NZDSOS for standing up for us. As one of the vaccine injured, due to mandate, I am eagerly awaiting the outcome of this. If it goes in favour of the people we can proceed with our own class action. My specialist had advised against my having this medication, but in the face of the mandates and no exemptions that were available for autoimmune diseases the choices were grim. Unfortunately I made the wrong choice and am still suffering the consequences.

  18. I totally agree, I was one of the damaged after the first vaccination jab.
    I received a medical exemption from having further jabs, although the Medical fraternity believed I should not have received an exemption as they beleived it was from a preexsisting condition.

    Even if it was a precondition, I was exceptionally fit prior to that jab and was nine months wiped out after it.
    Still not right two years later.

    My first jab only happened because I was threatened I couldn’t visit my 95-year-old mother who was in a Private Resthome, something I will never forgive or forget, when both our constitutional and natural rights were taken from us under an act of tyranny, in my humble opinion.

    Go NZTSOS, we need accountability and justice seen to be dispensed and the truth exposed.
    Many people who were displaced from their livelihood absolutely should be reinstated to their former level of the profession with no mark recorded against their name.

    Also, the absolute decimation of our NZ businesses, whose agony we never hear about until we see the Bankruptcy notices announced.

  19. But still I find very few people around me believe the truth. Something is wrong with kiwis….yes thank you for your valuable support!!

  20. I Watched the live footage of the IICSA in 2017- 2020 England.

    This truthfulness astounds ded me.

    A forum such as this is a hope that I have regarding the systemic failures of global proportion to allow the WORLD to be given the position where Enduring Suffering and Harm including Death, is Publically made known.
    Knowledge which is Less than the Truth is a Factor similar to An ELEPHANT in the Plans in operation For all Humanity.

    Politics is a mastery of Knowledge less than
    TRUTH.

    Commonly we accept this vile statement, in this country of New Zealand…

    History needs uplifting to name the names who, how, when, where, when and why, of our relatively short History has allowed this particular Pandemic Response swept away rights of a Kiwi to participate in Social and Working Life without controls.

    I name Arthur Nelson Field as a Hero for myself personally in his small book published 1929 in NZ. for resolving aspects of the question how was this able to happen in our Country.

    Thankyou for opening the dialogue.You too are each HEROs ..thankyou for this mahi

  21. Common sense is a lost and super valuble commodity these days, its pretty obvious get the jab still get the bug ergo it is ineffective, I mean they are selling buckets full of holes and telling you that they don’t leak! Its hard to bail water with that ! Its a scam lets face it and Pharma are laughing all the way to the bank , how can you believe them in light of the opiod fiasco and many other scams however big corps $$ is behind everything and makes the calls not your vote , it is really naive to think the world works any other way

  22. I was made aware of the Scamdemic early in 2020 when I was told to Google “EVENT 201”,
    This information is still available on line, it is hard to realize that Millions of people have Not
    caught up on this ????

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