Dear Prime Minister, Attorney General, Solicitor General and Minister of Covid 19 Response and DG Health
I write to formally put you on notice of unlawful conduct by the Ministry of Health, various DHBs, the NZ Medical Council, the Nursing Council and others which is causing serious harm to a large number of New Zealanders and which appears to meet the threshold of a conspiracy to pervert the course of justice.
Clause 7A of the Covid-19 Public Health Response Vaccinations Order 2021, as amended on 22 October 2021, creates an exemption from the requirement for vaccination for specified affected workers who have a medical certificate. This clause appears to have been added to the Vaccinations Order after the legality of that Order was challenged in the High Court (in the Four Aviation Security Workers case) for breaching the NZ Bill of Rights.The challenge alleges the undermining of fundamental rights and freedoms protected by the NZ Bill of Rights Act, including the s11 right to refuse medical treatment, and the S10 right to be free from being included in a medical or scientific experiment without Informed consent (which requires the absence of duress or coercion). During the hearing, the Crown accepted that the requirement to receive the Pfizer Vaccine under threat of loss of employment ( ie No Jab No Job) is coercion, and is accordingly in breach of the NZ Bill of Rights, unless the Crown could prove that undermining these fundamental rights and freedoms was demonstrably justified in a free and democratic society.In the High Court, the Minister’s legal advisors accepted the requirement for vaccination under threat of loss of employment is coercion which undermines fundamental rights and freedoms protected by the NZ Bill of Rights. The affidavit evidence before the court and other documentation obtained under the OIA shows these concerns are shared ( and were raised by) the Minister of Justice in advice to the Minister of Covid and that exemptions should be available on medical and religious grounds.
The court is currently considering the evidence including that the harm from Covid is now considerably reduced from early concerns ( and is the correct death rate from the delta variant is estimated around 0.15% which is similar as a nasty flu), the safety concerns about the PfizerVax (which still has only Provisional Consent from Medsafe) and whether the Crown could prove the Pfizer jab prevents or even significantly reduces transmission of the Delta depending on the outcome part or all of the Vaccinations Order may be quashed.
The Clause 7A exemption was apparently added to the latest iteration of the Vaccinations Order that day (22 October) in recognition of these fundamental rights and freedoms. The Covid Public Health Response Vaccinations Amendment Order No3 was published later the same day 22 October 2021.
It is part of the law. Affected employees face imminent dismissal unless that obtain a clause 7A exemption. It is not for the Ministry of Health or any other entity to purport to defer or superimpose additional obligations on the important Clause 7A exemption.
It is apparent from the extraordinary amount of correspondence I am receiving, and from public protests, that a large number of New Zealanders do not want to receive the PfizerVax. They have an array of medical, health and safety and religious reasons. Their concerns are supported by the contraindications and uncertainties identified on Pfizer’s Data Safety Sheet and Risk Management Plan, outstanding clinical trials which are not due for completion until at least May 2023, the recent decision of the government’s own regulatory agency Medsafe to decline full consent for the second time due to outstanding concerns about safety, efficacy and product integrity and grant only Provisional Consent and personal observations of family, friends and colleagues who have suffered injuries or death after receiving the Pfizer Jab.The public concerns are exacerbated by the on going propaganda, government denial and attempts to fob off affected families.There are now well over 200 New Zealanders on the Community Initiated Public Register of Post Pfizer Jab deaths ( which has been provided to Medsafe and various officials), and many more New Zealanders have suffered severe adverse effects.Only yesterday I spoke to a young Auckland woman who has suffered debilitating neurological effects since receiving the Pfizer Jab. Sadly she is one of many.
The Prime Minister, Minister Hipkins and some government propaganda continues to claim that this novel Jab is safe and effective despite the expert advice being to the contrary. The serial extension of the No JabNoJob law to an every increasing array of affected workers, and related assertions from various employers, education institutions and residential facilities breaches fundamental rights and freedoms. The exemption in Clause 7A of the amended Vaccinations Order creates some relief. It is both unlawful and cruel for the Ministry of Health or other entities to try to prevent affected persons from using this exemption.I urge you all to reflect on your responsibilities to uphold the rule of law and fundamental rights and freedoms, put aside your assumptions and prejudices, take time consider the ever increasing body of evidence that the Pfizer Jab is neither safe nor effective and meet and support affected individuals and families, and start to act in the public interest of New Zealanders as you were elected to do.
Sue Grey LLB (Hons), BSc, RSHDipPHI