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A Miscarriage of Justice in the NZDSOS and NZTSOS Court Case in March 2022?

Miscarriage of Justice NZTSOS NZDSOS Mandates
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Three years on since the ‘no jab, no job’ mandates were forced on New Zealanders, new damning evidence has come to light detailing an inconvenient truth – information that contradicted the need for mandates – this now begs the question, was there a miscarriage of justice in the NZDSOS and NZTSOS court case of March 2022?

NZTSOS is currently seeking leave to appeal to the Supreme Court after Justice Cooke found that vaccine mandates for teachers and healthcare workers were justified, on the evidence presented to him.  However, as well as various legal grounds as the basis of the appeal, a Miscarriage of Justice is being claimed based upon the Crown’s failure to inform the High Court of the following highly relevant document and facts in their possession.  

‘Science and Insights’ Report showing transmission in education and healthcare settings as minimal.


Embedded below is a Ministry of Health ‘Science and Insights’ report from 19 October 2021 that has recently been obtained via an Official Information Act (OIA) request.  The significance of this document is that it totally contradicted the purported need for the Education and Healthcare mandates, yet the Crown kept this information from the High Court in the NZDSOS/NZTSOS High Court hearing in March 2022.

Its existence was only uncovered as Dr Town – Chief Science Advisor to the Ministry of Health – used it in the subsequent Orewa Community Church case to support his contention that churches had a much greater risk of transmission than schools!* 

This report, dated 19 October 2021, contains the analysis of the transmission of covid-19 in New Zealand between August and October 2021, using data the Ministry had obtained from their contact tracing. 

There are 5 significant points:

1. This was the best and most relevant study that the Crown had in its possession concerning transmission of covid-19 in New Zealand schools and healthcare settings when they decided to implement the Education and Healthcare Workers mandates.

a.     It was the Government’s own data.

b.     The sample sizes were large (>11,000, >5000) making it very reliable. 

c.     It relates to the Delta variant, which the courts have stressed as pertinent.

d.     It specifically analysed transmission within NZ school and healthcare settings.

2. It showed that educational and healthcare settings had incredibly low rates of transmission (only 1-2 in 1,000 contacts became infected), completely negating the need for the mandates.

3. It was produced** by the MoH before Hipkins signed the Education and Healthcare Workers vaccination orders.

4. The Crown’s expert witnesses (Drs Bloomfield and Town) as well as Hipkins omitted to share this information with the High Court in their sworn affidavits.

5. By withholding this highly relevant information from the High Court, Bloomfield and Town contravened the High Court rules for expert witnesses. (Dr Town did refer to a similar but much smaller study from NSW that had a higher transmission rate!)



Serious Service Disruption (SSD) exemptions.


As well as the above, it also appears that the Crown misrepresented the situation with Serious Service Disruption (SSD) exemptions when Rachel Mackay (Group Manager, Operations, National Immunisation Programme) informed the High Court that only 11 ‘applications’ had been approved, while failing to inform the court that each ‘application’ could cover many hundreds of workers. 

We believe the High Court had a right to know that by the time of the NZTSOS/NZDSOS hearing, many thousands of people had been granted these exemptions, while other dedicated teachers, doctors, nurses and midwives were being terminated or suffering adverse effects from coerced vaccination. 

From Rachel Mackay’s affidavit:

“32. As at 26 January 2021(sic), we had received 450 applications for significant service disruption exemptions.  Eleven applications had been granted, 1 was returned from the Minister with a request for further information, 235 applications were declined, and 1 application that was before the Minister was not proceeded with.  Thirty-one applications have been assessed by the Panel and are awaiting a final decision; nine applications were withdrawn after Panel assessment; and 4 were returned as incomplete after Panel assessment.  158 applications were returned as incomplete from the triage process.”

It is hoped that the Courts have not been unduly influenced by the Labour Government’s unprecedented propaganda campaign, but unfortunately various aspects of previous judgments do not inspire confidence. For example, it stretches belief that Bloomfield could be accepted by the Court as an unbiased, impartial expert witness, when he was the second respondent in the case!

According to the legislation there is a ‘Code of conduct for expert witnesses’.  By appearing in court, among other things;

  1. An expert witness has an overriding duty to assist the court impartially on relevant matters within the expert’s area of expertise.
  2. An expert witness is not an advocate for the party who engages the witness.

It is difficult to see how Bloomfield fitted these criteria. 

For more information on this aspect of the case we recommend this substack article by Ursula Edgington.

Summary:


Why was this significant and possibly game-changing evidence withheld from the High Court? The judge may well have found that unvaccinated teachers and healthcare workers were not a sufficient risk to have their rights trampled and careers ended.

It is yet to be determined whether the Supreme Court will approve an appeal of the NZTSOS case.  We certainly hope so as there is still a lot to unpack about the NZ government’s c-19 response, and the vaccine mandates in particular.

It is our view that the mandates were unethical, unnecessary, discriminatory and have caused immeasurable harm to New Zealand and its citizens and we hope the legal system will step up and demonstrate that it actually serves the people of this country.

* At para 193 of the judgement by Gwyn J, Dr Town’s comments are noted: “In the first Delta Outbreak SAR [Secondary Attack Rate] Analysis, the SAR of education was 0.1%, compared to a SAR of 10.4% for private gatherings.”  Thus the government knew that the risk of transmission in private gatherings was 100 times higher than in education settings and 50 times higher than in healthcare settings! 

** Point 3. Amended July 6, 2024 from previously ‘published’ to ‘produced’.

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9 Comments

  1. If the above is entirely correct those responsible for concealing the truth and still proceeding with forcing teachers and school aid workers to take the untested GMO’s, then accountability is called for. Having the fox in the hen-house in the form of Bloomfield, a UN plant in essence, is unaccpetable in the extreme.
    I admire NZDSOS’s efforts to expose the corruption and lies and can only hope the appeal is accepted by the so called powers that be. But don’t hold your breath.
    There is such overwhelming evidence coming to light from scientists with no vested interest, that it’s breathtaking to see media still largely turning a blind eye.
    People such as Dr John Hamilton, recent UK MP Andrew Bridgen, and not to forget that brave Queensland independent MP whose name escpapes me at this early hour, all valiant and united in their efforts to expose the cover-ups and corrupt narratives in common since 2020.
    In NZ Tv ads now use well known faces from the 5pm prime time show ‘The Chase’ to extol the virtues of getting jabs for those as young as six months of age. Shocking in the extreme. That’s taking things several steps too far in my opinion.

    What I would like to see is Hipkins, the departed witch PM, Bloomers and his ilk recalled to NZ to stand trial and face justice. Charges should include breaches of the human rights provision for all NZ’ers, and manslaughter for the innocent people who listened to their advice and paid the ultimate price.

  2. That squirming rodent Bloomfield, Jacinda’s pathetic little gimp. What a revolting piece of work. Only out to line his own pockets.
    Thanks for the work you do. You guys are amazing.

  3. Hi Team,

    I am not sure if you received my email, copied from the British Workers Union, although I realize our Laws here in New Zealand would be the same as England, as we operate under the same Law system.
    Here is the excerpt I sent prior, which could shed some light on your (our) case.
    I am not sure if our Govt wrote mandatory vaccination into Law?

    Cheers
    Jeff

    Ambulance worker Paul Bailey was sacked after declining COVID-19 jabs. As he was a Workers of England Union member, they took on his case and the Tribunal hearing established a really vital point, securing a vital freedom for workers all over the country.

    The tribunal judge has ruled that belief in a homeopathic lifestyle and bodily autonomy is a “protected characteristic” under the Equality Act in an unfair dismissal case for a former ambulance operations manager who lost his job for declining the COVID-19 vaccines.

    This follows the Trotman ruling, where another important WEU victory established that it was never written into law that any workers had to take the vaccines in order to keep their jobs, meaning all such sackings could be considered unlawful.

    Mr. Tilbrook, who is chairman of the WEU and acts as the main solicitor in the cases it brings, told The Epoch Times the ruling was “significant.”
    “It’s a point of law, and although it’s a preliminary hearing, it has actually determined that point.”

    “It’s significant for Mr. Bailey and also it means we’ve got the door open now, we’ve got our foot in the door on bodily autonomy and homeopathy.
    “It’s in the same section as religion, and now also what is important is your philosophical beliefs.”

    An estimated 40,000 workers lost their jobs because they refused to accept interference with their bodily autonomy during Covid.

  4. The Team is so right, the former Labour Government should front up by apologizing and holding all those responsible publicly accountable.

    Unfortunately, Dame Jacinda is headed up on a new world venture, Field Fellowship, a new program for emerging leaders where she hopes to “rehumanise leadership” and change the status quo of Politics.
    No idea of the struggles of the populous left behind to clean up the mess.

    An effrontery to all New Zealanders.

    1. In reply to your comment that Jacinda wouldn’t have any idea of our struggles. I feel she does well and truly knows the carnage she has left behind and doesn’t give a damn, as it doesn’t effect her. She feels insulated in her huddle with other elites who think, we a a river of filth and worthless eaters and beneath them. I don’t know how she, and the likes of her can sleep knowing they have broken trust, murdered people who innocently “trusted the science”who now have broken families, due to lost lives, jobs or homes all because fallen under her witchy spell and believed her lies. Her and the rest of them, like Bloomfield, Hipkins etc need to be held accountable, and for us to witness their accountability that is judged treason.

  5. I lost my job working in community mental health. And last month was denied a job I was interviewed for on the basis the SDHB is still mandating. Is it true that they are the only DHB still mandating. The job I applied for was not in the hospital or at a medical practice but in the community. Can I still be didescriminsted against when the job description did not state vaxed people only my It took 2 weeks for them to get back to me after the interview. They also informed me they had changed the wording in regards to vax status but this was untrue .

  6. It is becoming clear, nefarious intent was carried out world wide. Particularly western so called democracies. The evil intent is to reform society into a surveillance, controlled, compliant, fascist society. Compliance to covid mandates was a test. Fascism won and you can kiss democracy goodbye. Trouble is the small minority who said no, no and no again began to grow when the injured and dead piled up. Question is what are we going to do about it. Reform of the medical system is a must. Retribution is also a must. If we do not stand now and demand reform, what future is there for our children. If any. This must never happen again.

  7. This is great news that all this evidence is starting to appear. The group of Ardern, Hipkins, Bloomfield, Baker and many more should be charged with man slaughter.

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