Wednesday, October 20, 2021

Submission on the COVID-19 Public Health Response Amendment Bill (No 2)

I set a new record for making a submission at the last possible moment with this one. The deadline was quickly approaching, but I had plenty more I wanted to say! At 11:59pm last Monday I gave up hope of finishing everything I wanted to say, and uploaded it. I got confirmation of successfully submitting at 12am!! I thought I might continue writing and upload the entire piece here, and I added the text between square brackets in time for my oral submission last Friday. Sadly, there are plenty more problems with the Bill than I've discussed here, but I would like to work on some other things and I've already spent a long time on this so I am calling it done.

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I appreciate the opportunity to make a submission on the proposed COVID-19 Public Health Response Amendment Bill (No 2) which would amend the COVID-19 Public Health Response Act 2020.

Having read the proposed legislation and the Regulatory Impact Statements that are currently available I am deeply concerned about this legislation and its implications for the country of New Zealand and her citizens.

As I read the Regulatory Impact Statements I was struck by the way they focus almost solely on Managed Isolation and Quarantine Facilities, and apparently give no regard to the general population—which is certainly much larger and stands to lose much more. This disregard for the vast majority of New Zealanders is horrifying, regardless of whether it was deliberate or a negligent oversight.

I object to the undemocratic process by which the COVID-19 Public Health Response Act 2020 was originally passed into law, and while it is a slight improvement that the COVID-19 Public Health Response Amendment Bill (No 2) has been open for submissions, the timeframe is still much too short to allow the citizens of New Zealand to read the proposed legislation and accompanying documents, and then prepare a considered response. Many people will simply not have the time to do so and will unfortunately miss out on sharing their views. Given the magnitude of change proposed in this legislation there is no justification for rushing the process and denying people the opportunity to provide well-researched and well-prepared feedback on it.

Although the Bill’s stated aim is “to enable the public health response to Covid-19 to continue to function in a co-ordinated and orderly way, informed by the experience of working with the Act since its commencement”, the truth is that health, coordination, and orderliness simply do not come to mind when reading through the Bill. On the contrary, the Bill extends the government’s already drastic powers, and threatens to turn good citizens into criminals through incredible confusion and disorderliness.

This Bill disregards a number of fundamental rights protected by the Bill of Rights Act 1990, attacking the civil liberties of all New Zealanders, both at home in New Zealand and stranded overseas, trying to return.

The huge increase in fines and fees proposed in this Bill is unjustified and unreasonable. Given the rapid changes and large number of rules it would be entirely understandable for someone to break one without even realising. Adding huge fines on top of limiting or entirely removing the ability to work and earn an income would be a huge slap in the face to anyone.

Where is the trust in the “team of five million”? [This Bill shows no regard for personal responsibility, instead removing freedom and imposing draconian regulations on the population at large. We should instead be encouraging people to take personal responsibility for their own health, and allowing the freedom to do so. Fear and extensive rules have been imposed on the entire country over the last eighteen months, but I have no recollection of any encouragement or education in regard to improving overall health, which would’ve reduced any threat posed by COVID-19, and been generally beneficial both to individuals and our country as a whole. Making more nutritious food choices, exercising regularly, maintaining a healthy weight, sleeping sufficiently, and getting adequate and regular vitamin D are all scientifically supported methods to acquire and maintain health and none of them incur any cost to the government.

In a letter, the Ministry of Justice described the measures in the COVID Act as: "[A]rguably the most extreme and significant limitations on New Zealanders’ ability to freely go about our daily lives as has occurred in modern New Zealand history. Their broad scale and scope have the potential to significantly impact on people’s ability to socialise, do business, and move freely.

These observations have proven true in my life and the lives of others I know closely. We have lost work, making it difficult to pay our bills and provide for our families. My car developed some problems several weeks ago, and cannot be driven until some maintenance is performed on it. I am unable to acquire the necessary parts under current restrictions. Long-time family friends recently experienced a death in the family and have been refused travel exemptions to cross the border in either direction, leaving them unable to process their grief properly or comfort one another during this difficult time.

New Zealand citizens have fought hard for the freedoms we have enjoyed until recently, which are foundational to a democratic society and protected under the Bill of Rights and other documentation. The original COVID Act unacceptably removes a number of these, and the proposed Amendment Bill makes no attempt to correct the situation, instead worsening it and allowing for even greater removal of rights from New Zealand citizens.

Clause 12 amends section 22 to allow a class of persons identified solely by their ancestry to have powers to block roads under the ’supervision’ of a constable. No definition of what ‘supervision’ entails is provided, nor is any information or direction given in the Bill regarding what constitutes ’suitably qualified and trained’. On the police have the power to stop the general public and it should remain this way.

Science is all about asking questions and challenging assumptions. The government’s efforts to censor and silence any and all opposing views are deeply concerning, bearing some resemblance to a cult leader who carefully selects the material his followers may view or hear, for fear they will discover the truth and he will lose power over them. Hopefully this is nothing close to the case here, but we will need open debate and uncensored sharing of ideas to re-establish trust in our leaders.]

I strongly oppose the extension to May 2023 of the original provisions in COVID Act, which were due to expire in May 2022.

I also oppose any and all extensions or additions of power as suggested in this Bill.

I recommend that the Bill be withdrawn.

I wish to make an oral submission the COVID-19 Public Health Response Amendment Bill (No 2).

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