I have now had a chance to look at the very useful information and analysis of the New Zealand Pandemic plan by Australian, Maria Zee.
I am absolutely dumbfounded that this hugely important and alarming information has only been referenced so far, as far as I know, by the inestimable Lynda Wharton of Health Forum New Zealand.
When I put this information out on social media last night 24 hours later I got not one response.
Neither have I, as of now seen any further reference to it
This is so important in my mind that I have gone through Maria’s information that I have gone through it and produced this article to help unpack it.
This has been put together in some haste so I apologise if I have not doted the i’s or crossed all the t’s
Here is Maria’s analysis (which starts at 17’34”)
I have taken the long (page) document and highlighted what I think are the important parts.
It seems that everything has been already been put in place during the covid plandemic.
All the legislation was put in place back then.
The goal of the paper is to put it together and work out how it is to be implemented.
And it is truly a shocker.
All the fears that we had about mandatory jabs and people being dragged away by police are now becoming a potential reality, in black-and-white.
And you don’t have to be a legal genius to see it.
https://www.health.govt.nz/system/files/documents/publications/interim_nz_pandemic_plan_v2.pdf
Here is the legislation referenced in the paper, in particular the the Civil Defence Emergency Management Act 2002
Relevant documents and legislation noted in the New Zealand Health Plan include:
• the Epidemic Preparedness Act 2006
• the Civil Defence Emergency Management Act 2002
• clauses 47–51 and 71 in the Schedule to the National Civil Defence Emergency Management Plan Order 2015
• the National Health Emergency Plan (Ministry of Health 2015)
• Communicable Disease Control Manual (Health New Zealand).
Much of the Plan talks about different phases
On page 130 (Legislation: Mandatory measures are authorised by statute) the Report cuts to the chase and talk about the mandatory actions they might take.
I am going to take this and emphasise parts by underlining, interspersed with some comments.
Legislation
Legislation Mandatory measures are authorised by statute
Any action specified in this plan in relation to individuals, businesses or other entities that includes the possibility of compulsory measures being taken must be authorised by statute.
They specifically say their compulsory measures will be contrary to the New Zealand Bill of Rights Act.
The action is otherwise likely to be unlawful and, in particular, might be contrary to the New Zealand Bill of Rights Act 1990.
Mandated measures may include:
• requirements for people to be tested, screened or vaccinated (may include arrivals to New Zealand)
• quarantining or isolating people (ie, supporting those potentially exposed and those with the disease in a quarantine or treatment/isolation facility (or at home) or prohibiting them from leaving a particular facility/home)
• restricting the movement of people into or out of an area
• restricting travel (within or out of New Zealand)
• imposing a duty to supply information for risk assessment or contact tracing (eg, future travel plans or past travel history)
• requirements for people to undergo PREVENTATIVE TREATMENT.
Maria Zeee says that non-seasonal influenza {’the sniffles’), is part of what needs to be vaccinated against.
A pandemic no longer has to be sars-covid-2 but anything they decide it to be.
• requirements for people not to go to work or other public places or to do so only under certain conditions
• commandeering of resources (eg, land, buildings or vehicles).
Where response measures involve mandated actions, particularly those that restrict basic freedom of movement and association, a system needs to be developed with clear criteria and processes to allow for exemptions to be sought and issued in a timely and transparent manner.
How many people do you know that got a covid exemption in 2021-22?
Legislative measures
In a pandemic response, Government and designated officers may use available legislative powers as appropriate to the particular situation.
These include:
• powers provided for in the Health Act 1956 (‘routine’ and ‘special’ powers)
• additional powers available under the Epidemic Preparedness Act 2006 to facilitate the management of serious epidemics of specified diseases
Put differently, serious situation is really whatever they say it is.
• additional powers under the Civil Defence Emergency Management Act 2002 (in a state of emergency declared under that Act) if required in a very severe situation. The powers in the Health Act 1956 and the Epidemic Preparedness Act 2006 can be exercised only in relation to specific diseases or categories of disease (notifiable disease and infectious disease, in the case of the Health Act, and quarantinable disease, in the case of the Epidemic Preparedness Act).
In particular, the Epidemic Preparedness Act relates to only nine named quarantinable diseases set out in Part 3 of Schedule 1 of the Health Act. (Quarantinable diseases are specifically dealt with in Part 4 of the NEW ZEALAND PANDEMIC PLAN: A FRAMEWORK FOR ACTION 123 Health Act.)
Infectious disease management powers, whether or not applied in an emergency, were revised in 2017; they are set out in Part 3A of the Health Act. They apply to all the infectious diseases set out in Schedule 1, including quarantinable diseases.
Other legislation that contains provisions relevant to managing a pandemic includes:
• the Health (Infectious and Notifiable Diseases) Regulations 2016
• the Health (Burial) Regulations 1946
• the Health (Quarantine) Regulations 1983
• the Cremation Regulations 1983
Already, under regulations brought in under Labour, autopsies need not be done.
• the Health Practitioners Competence Assurance Act 2003
• the Medicines Act 1981 (and regulations made under that Act)
• event-specific legislation that may be enacted, such as the COVID-19 Public Health Response Act 2020
• the Pae Ora (Healthy Futures) Act 2022.
The Medicines Act 1981 provides mechanisms for the approval and classification of medicines and controls conditions for prescribing, dispensing and selling medicines (including vaccines). These controls can be changed quickly by notice in the Gazette and may be relevant in particular pandemic situations. For example, in 2009 a Gazette notice authorised the supply of prescription medications without a prescription when supplied from a CBAC. Table 9 provides a summary of specific legislative provisions.
Health Act 1956
The Health Act 1956 (and its associated regulations) is the core statute for a wide range of public health functions. It details significant health protection roles for the Minister of Health, the Director-General of Health, the Director of Public Health, statutory officers (such as medical officers of health and health protection officers) and local government officers (such as environmental health officers). Medical officers of health and health protection officers would rely on two kinds of primary powers in a pandemic: routine and special, as follows.
• Routine powers are available to the officers, and do not usually need prior approval by someone else to use (although exercise of the Part 3A powers with regard to non-notifiable infectious diseases requires the prior approval of the Director of Public Health under delegation from the Director-General of Health).
• Special powers (for medical officers of health only) need prior authorisation granted: – by the Minister of Health
– by virtue of an epidemic notice having been issued by the Prime Minister under the Epidemic Preparedness Act 2006 in connection with a quarantinable disease
– by virtue of a state of emergency having been declared under the Civil Defence Emergency Management Act 2002.
When authorised to do so, medical officers of health can exercise potentially very significant powers. Such officers are accountable to, and subject to direction from, the Director-General of Health. During COVID-19, significant powers were exercised at a national level by the Director-General rather than by local medical officers of health.
Routine and special powers as defined in the legislation relate to specific diseases or categories of disease.
The term ‘non-seasonal influenza’ (capable of being transmitted between human beings) applies to any new form of influenza. Non-seasonal influenza is now specified as a notifiable, infectious disease (i.e. the sniffles) by its inclusion in Part 1 of Schedule 1 of the Health Act. As such, medical officers of health may be authorised to use the Health Act’s special powers to help manage non-seasonal influenza in the event of a pandemic, or simply use the powers in Part 3A of the Act. However, there are some distinctions between the two sets of powers, which means advice should be sought at the time about which set is appropriate. For example, the special powers can be used NATIONALLY AND APPLY TO WHOLE COMMUNITIES AS WELL AS INDIVIDUALS. In most cases, Part 3A powers only apply to individual cases and contacts, or suspected cases. An exception is a direction to close an educational institution or part of it. The POLICE are not expressly authorised to enforce directions under Part 3A, but have an explicit enforcement role with regard to the special powers.
Health Act 1956
The Health Act 1956 (and its associated regulations) is the core statute for a wide range of public health functions. It details significant health protection roles for the Minister of Health, the Director-General of Health, the Director of Public Health, statutory officers (such as medical officers of health and health protection officers) and local government officers (such as environmental health officers).
Medical officers of health and health protection officers would rely on two kinds of primary powers in a pandemic: routine and special, as follows.
• Routine powers are available to the officers, and do not usually need prior approval by someone else to use (although exercise of the Part 3A powers with regard to non-notifiable infectious diseases requires the prior approval of the Director of Public Health under delegation from the Director-General of Health).
• Special powers (for medical officers of health only) need prior authorisation granted:
– by the Minister of Health
– by virtue of an epidemic notice having been issued by the Prime Minister under the Epidemic Preparedness Act 2006 in connection with a quarantinable disease
– by virtue of a state of emergency having been declared under the Civil Defence Emergency Management Act 2002.
Now, they want to extend the powers from the Director-General of Health (who used to be Ashley Bloomfield to medical officers of health
When authorised to do so, medical officers of health can exercise potentially very significant powers. Such officers are accountable to, and subject to direction from, the Director-General of Health. During COVID-19, significant powers were exercised at a national level by the Director-General rather than by local medical officers of health.
Routine and special powers as defined in the legislation relate to specific diseases or categories of disease.
Now, any form of influenza (rather than just covid-19 with the PCR test) is included.
The term ‘NON-SEASONAL INFLUENZA ’ (capable of being transmitted between human beings) applies to any new form of influenza. Non-seasonal influenza is now specified as a notifiable, infectious disease by its inclusion in Part 1 of Schedule 1 of the Health Act. As such, medical officers of health may be authorised to use the Health Act’s special powers to help manage non-seasonal influenza in the event of a pandemic, or simply use the powers in Part 3A of the Act.
This does not have to be within New Zealand but anywhere
They go on to describe the nature of powers, what the police can, and cannot do.
However, there are some distinctions between the two sets of powers, which means advice should be sought at the time about which set is appropriate. For example, the special powers can be used nationally and apply to whole communities as well as individuals. In most cases, Part 3A powers only apply to individual cases and contacts, or suspected cases. An exception is a direction to close an educational institution or part of it. The police are not expressly authorised to enforce directions under Part 3A, but have an explicit enforcement role with regard to the special powers
Routine powers
Several routine powers are relevant in the pandemic context.
A medical officer of health or health protection officer has the power to enter any premises, including by boarding an aircraft or ship, at any reasonable time if he or she ‘has reason to believe that there is or recently has been any person suffering from a notifiable infectious disease or recently exposed to the infection of any such disease’ (section 77 of the Health Act).
The power to examine allows a medical officer of health or health protection officer to medically examine any person in any premises, including on an aircraft or a ship, to ascertain whether a person BELIEVED to be suffering from a notifiable infectious disease or recently exposed is suffering or has recently suffered from the disease (section 77).
The power to detain at a specified place of residence for isolation purposes allows a medical officer of health to issue a written direction to a person or contact whom the officer believes on reasonable grounds poses a public health risk arising from an infectious disease under sections 92I to section 92K.
In other words, those that don’t comply
These sections outline a variety of conditions the officer may specify in the direction, including to stay at all or specified times at a specified place of residence, subject to specified conditions. The direction must specify its duration. Directions cannot be used to compel a person to seek treatment under Part 3A. For that to happen, the officer must apply for and be granted a public health order, order for contacts or medical examination order with a treatment order component under that Part. A medical officer of health may issue a direction under section 92K to a person to undergo a medical examination, although several preconditions must first be met (eg, the person has not complied with a previous request to seek examination).
A medical officer of health can also issue directions to the head of an educational institution where staff or students pose a public health risk because of infectious disease and the risk is unlikely to be managed effectively by solely giving directions to individuals (section 92L). A medical officer of health may, after consultation with the head of the institution, direct them to direct a student or staff member to stay away from the institution for a specified period, until the infection risk has passed (section 92L). The Communicable Diseases Control Manual (Health New Zealand nd) (currently under review) sets out disease incubation periods for various infectious diseases, which will assist in determining how long unimmunised contacts and infectious cases must stay away from the institution. Alternatively, the head may decide to take action themselves, under the Education and Training Act 2020. Where it is necessary to close part or all of the institution, the medical officer of health can issue a direction for closure to the institution’s head.
Subpart 5 of Part 3A of the Health Act provides for formal contact tracing. This is most useful in a situation in which voluntary contact tracing is not working, or the case is not cooperating. A medical officer of health, health protection officer or other person authorised to contact trace under subpart 5 can require the case to provide specified information about contacts, including each of their identifying and contact details, in order for the contact tracer to identify the disease’s source, make contacts aware that they too may be infected and may require testing and treatment, and limit the transmission of the disease.
Special powers
Special powers are authorised by the Minister of Health or by an epidemic notice or apply where an emergency has been declared under the Civil Defence Emergency Management Act 2002.
The power to detain, isolate or quarantine allows a medical officer of health to ‘require persons, places, buildings, ships, vehicles, aircraft, animals, or things to be isolated, quarantined, or disinfected’ (section 70(1)(f)).
This allows the government to requisition or seize whatever they like.
The power to prescribe preventive treatment allows a medical officer of health, in respect of any person who has been isolated or quarantined, to require people to remain where they are isolated or quarantined until they have been medically examined and found to be free from infectious disease, and until they have undergone such preventive treatment as the medical officer of health prescribes (section 70(1)(h)).
They can force non-compliant people (which is another way of saying your are not sick but they think you might be), to undertake “preventative treatments’ and to detain them until they comply
The power to REQUISITION PREMISES allows a medical officer of health to requisition premises and vehicles for the accommodation, treatment and transport of patients (section 71(1)).
The closure of premises such as schools can be required under sections 70(1)(1a) and 70(1)(m). This can be made by way of written order to the person in charge of the premises or order published in a newspaper or broadcast by television or radio and able to be received by most households in the district. If specified in the order, premises operating certain infection control measures may be exempted from closure.
Police are being given the power to use force for your forced vaccination
Section 71A states that a member of the police may do anything reasonably necessary (including the use of force) to help a medical officer of health or any person authorised by the medical officer of health in the exercise or performance of powers or functions under sections 70 or 71.
These special powers were used for the first time during the response to COVID-19. In general terms, they performed well.
Let’s do it again!
However, there were some mis-steps in their application, they lack procedural and human rights safeguards and court judgments have found that while they can be used as a stop-gap measure in emergency situations, they are not suitable for sustained, complex responses.
***
Epidemic notices
Mechanism for invoking emergency powers
The provisions in the Epidemic Preparedness Act can take effect once an epidemic notice is issued by the Prime Minister. The Prime Minister may issue an epidemic notice only when the Director-General of Health recommends taking that step. With the agreement of the Minister of Health, the Prime Minister must be satisfied that the effects of an outbreak of a particular quarantinable disease are likely to significantly disrupt (or continue to disrupt) essential government and business activity in New Zealand (or parts of New Zealand). The outbreak can be OVERSEAS or in New Zealand. Epidemic notices last for a maximum of three months and are renewable.
Effects of an epidemic notice
When an epidemic notice has been issued, the special powers for medical officers of health under the Health Act are authorised. While an epidemic notice is in force the Prime Minister may, with the agreement of the responsible minister, issue an epidemic management notice. An epidemic management notice may activate, if this is specified in the notice, action under other statutes (which may refer to an epidemic management notice (section 8(1) of the Epidemic Preparedness Act)) or a modification to a specific statute made by a prospective modification order. Immediate modification orders may also be made; these are designed to allow more flexibility in pandemic management than envisaged and addressed in any prospective modification orders. Implementation of a prospective or an immediate modification order must have the agreement of the minister responsible for administering the relevant statute.
International Health Regulations 2005
The International Health Regulations 2005 (WHO 2006) require WHO member states to be able to detect, plan for and respond to disease outbreaks of all kinds, including pandemics. Their scope is broader than just communicable diseases, and includes any acute or emerging public health event of potential international significance: for instance, emergencies arising from toxicological, radioactive or other sources.
Under the International Health Regulations, countries must designate a National Focal Point for coordination and communication with the WHO, to respond to requests from the WHO for information about public health risks and to notify the WHO within 24 hours of an event that may be a public health emergency of international concern.
A ‘public health emergency of international concern’ is defined in the International Health Regulations as an extraordinary public health event that requires an international response. Countries must notify the WHO in accordance with a decision instrument as set out in Annex 2 of the Regulations. The Public Health Agency within the Ministry of Health is the National Focal Point in New Zealand.
We are told that the WHO Health regulations are voluntary and do not affect a county’s sovereignty. However…
Under the International Health Regulations, countries must develop and maintain core public health capacities for maintain surveillance of, investigate, respond to and report on all potentially significant public health events. These capacities must be in place locally or regionally, nationally and at the border.
One specific requirement of the International Health Regulations is that countries take measures to avoid exporting disease. In a pandemic, this means that once cases have been identified in New Zealand, measures may be needed at the border for departing travellers (eg, exit assessment).
Excellent article thank you! Thanks for doing all the work to bring together all the legislation in one place. Lynda
Central governments will do whatever they want. Many people still believe in Covid-19. Individuals have to be prepared to once more become non-compliant. We must all face our ancestors one day; will you face them with shame or with dignity? Be prepared to rock and sock if and when threatened by government "boots on the ground" when the fake avian flu plandemic hits these shores. Your God given rights trump any governmental criminal legislation.