Things are moving fast.

The following statements were in my email over the weekend. There are parts of these statements that I do not like. Any employee has to work in good faith, and if I’m capable of work I will work. If I am stressed out to the point that I cannot work I don’t. Kea at times has told me that I’m not tracking — take a day off. The first email was from yesterday.

A Statement from NZDSOS and Voices For Freedom
Late Amendment to the Vaccinations Order

Late Friday night, the government made a sudden law change amending the COVID-19 Public Health Response (Vaccinations) Order 2021 (Vaccination Order (No 3)) by introducing the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021 (New Order). The link is here.
The main changes in the new order are:

health care workers mandated to be vaccinated have been redefined
individual exemptions under clause 7a have been revoked.

1. Changes to health care worker definition.

Last week, we urgently sought clarification from the Ministry of Health about the nonsensical breadth of the Vaccination Order (No 3) that required all health care workers (even those that worked remotely and had no contact with patients) be vaccinated.

This New Order has clarified this with the following definition change of “Health Practitioners” to be “Health practitioners providing health services to patients in person”.

This means a whole group of people who were affected (such as medical typists, or anyone who does not have face to face contact such as those conducting telehealth) are no longer affected by the vaccination mandate and can continue working.
2. Changes to exemptions.

Individual exemptions – clause 7A – revoked

Effective at 11:59pm on Sunday 7 November 2021, the low level broadly available exemption that was available in clause 7A is revoked.

The clause 7A exemption was one that a suitably qualified health practitioner could give having examined and determined that it was inappropriate for an affected worker to be vaccinated because of a “physical or other need”.

Exemptions given for education or health care workers pursuant to clause 7A are invalid as of 11:59pm on Sunday 7 November 2021.

Exemptions given for prison workers and those handling affected items are valid until 11:59pm until 21 November 2021.

The new individual exemptions process is covered in clause 9B of the New Order:

a mdical practitioner or Nurse practitioner can apply for an exemption, this must be sent to the Director General for approval
strict criteria will come out that must be followed. These have not been released yet.

Minister-granted exemptions/exceptions – clause 12A An employer in the educational arena can now apply for an exemption from the Minister where supply of services would be interrupted. Previously, clause 12A exemption could only be applied for by an employer in prisons and health care. However, with the New Order this has been extended to education. These are referred to as exceptions.
What should I do if I’m an exemption provider? New clause 9B.

Exemptions for healthcare workers and teachers will need to be considered under new clause 9B. Criteria is very strict and requires evidence to be provided in many cases. Further information about criteria and process is here.

However, you can still provide exemptions for other workers under informal mandates from their own industries, as we are aware that many industries are mandating the vaccine now. The law change does NOT affect other industries, medical exemptions should still be valid.

You can also continue to give ‘off work’ certificate for stress leave.
What does this mean for those who already have exemptions?

For education or health care workers who obtained an exemption pursuant to clause 7A are invalid as of 11:59pm on Sunday 7 November 2021.

For prison workers or persons who handle affected items that have obtained an exemption can continue working up until 21 November 2021. After this date they may no longer work in a prison or continue in a position that handles affected items.
Are there any other options?

An employer of prison, healthcare worker or in education can apply for a Minister-exemption (as described above) under clause 12A.

Another option is to consider joining the Maori Government of Aotearoa Nu Tireni. They have set up the Wakaminenga Health Council which is an alternative registering body which you could be able to continue working under, once registration is granted. You can pre-enrol on their website to start this process. Then apply to join the Wakaminenga Health Council. This information is given with the caveat that we don’t know how the NZ corporation with respond to this.
What do I do if I am an affected worker?

Before 15 November 2021 we are expecting one, if not two decisions from the High Court that are considering whether the government has the power to mandate vaccination. We are fairly confident that the decision/s will find that the government’s vaccination mandates are illegal and also inconsistent with the Bill of Rights. This could force the government to either change the current law or modify it.

You have a number of options: seek a medical exemption under clause 9B (very narrow criteria, few exemptions will be granted), ask your employer to seek a Minister’s exemption under clause 12A, wait for your employer to terminate you. In the meantime, you can take sick leave or stress leave while you consider your options. Given the severe stress that has been placed on people who are under the vaccination order there is nothing illegitimate about doing this.

The advantages of taking stress leave:

You use sick leave which would otherwise go unused (if applicable);
gives you the time to consider your options;
allows time for the court decisions, which may change everything;

If you are under severe stress you have every right to go to your GP and request an ‘off work’ certificate for stress leave. This does not need to state the reason for your leave. This could either happen this week, or the week after in retrospect. It is common practice for GPs to provide retrospective off work certificates from the date the illness started (in the case of gastroenteritis or flu for example).

The idea that we have a second parallel government is a legal fiction. But it may be that the current health practitioner registration bodies lose the support of the people and government, and many will move elsewhere. Second statement: same day.

I have omitted a fair amount of their blurb and links. Trying to stick to what we are fairly sure is the case. Today. Tomorrow everything could change.

Late Friday night (5 November 2021) the government made an abrupt law change amending the COVID-19 Public Health Response (Vaccinations) Order 2021(Vaccination Order (No 3)) by introducing the COVID-19 Public Health Response (Required Testing and Vaccinations) Amendment Order 2021.

As a result we’ve had to update the information on our website: The new updated exemption information is here.

We also ran an employment law webinar dealing with these changes yesterday. This is an important webinar to watch. We mention options relating to law, the new changes and practical tips. We will send another email tomorrow with more information and a shorter clip of the info relating to Health and Safety Act compliance. Be sure to sign up for the next employment webinar on Tuesday evening.

The main changes in the New Order:

See our notes for more detailed information. This is a quick summary but you have to see our full notes to understand.

1. Several categories of persons covered by the mandate have been redefined including “health care practitioners” and “care and support workers”;

2. The new clause 7A has been revoked in its entirety meaning that all individual exemptions have been revoked. In a nutshell, the exemption you may have obtained (legitimately) this past week will no longer be valid. However, file it safely, watch the above webinar and prioritise this Tuesday’s webinar (as it is much easier to explain on video) AND PLEASE READ THROUGH OUR NOTES which break down the changes. We will endeavour to do a short form video tomorrow to share;

3. New transitional provisions affecting police employees involved in health or educational facilities (Schedule new part 4, clause 9);

4. New transitional provision for workers who were exempt – essentially providing a one week extension for prison workers and workers who handle affected items;

5. Appears to narrow the “affected workers” related to prisons by making reference to corrections prison rather than prison (if you are a prison worker we recommend you look into this more).

Reminder Re Non Mandated Workers (ie everyone not covered by govt mandates):

At this time (7 November 2021) there is no government mandate requiring vaccination for the group mentioned by the Prime Minister the other week in relation to “traffic lights” and “vaccine passports”. That is, “close contact” businesses like gyms, hospitality businesses, hair dressers etc, that would be (apparently and again there is as yet no law on this) required to operate with a vaccine passport system. Any mandates that are being “required” outside of the government mandates are being sort by your employer of their own volition. We have materials to help you with this on our website.

Remember. They are pushing back because you are pushing back.

Hold The Line. There are more options.

You are not alone. Over 1 million Kiwis are NOT jabbed.

I had a phone call from my mate in the hills yesterday, then an email today. He noted the passages today. He adds that there is a promise there: If God says we must provide for our families, then a way to provide for your family will be found. I am fairly sure there is a way through this.

My elder says that the church considers at this time we should not, as a church, actively disobey the law. They are wanting unity between those who chose the vaxx and those who did not. But he acknowledged this: the need for our doors to be open for the needy will at some time break the orders that the government makes.

But we have no duty to keep laws that perpetuate evil. We are to obey God, not man.

The sand is shifting. Our nation has no sure foundation. At this time, turn to God. Hard. For he is sure. Our rulers are not.

Update:

Frances Berger has some wise thoughts on resistance.

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Heresolong
Heresolong(@heresolong)
1 month ago

I have 120 days of sick leave on the books that has built up over fifteen years of being ridiculously healthy. I was put on unpaid leave for a week pending a decision on my exemption (which was granted eventually). If they had fired me I would have lost every one of those days. I would not feel in the slightest bit guilty for taking those 120 days of paid leave off WHICH I EARNED as a part of my contract agreement. The hardest part is for me would be abandoning my students who have done nothing to cause the situation.