Our nation was divided, families destroyed, careers lost and businesses bankrupted.
It was the nastiness that shook me: the Prime Minister’s office had Facebook take down a vaccine-injured support group. A vital lifeline for the lonely and the distressed was pulled from under them.
I was not injured but was one of the distressed drawing solace and support from the group. Our own Prime Minister broke us up. We weren’t allowed to meet in person or online. We weren’t counter-revolutionaries. We were just a group supporting one another.
These were the Covid Years. They hang over us still.
But bit-by-bit the truth and the horror is seeping out. Bit-by-bit transparency and accountability is coming.
Brave people are standing up to hold despotic power to account.
Former Minister Barry Brill and his wife have one such case pending in the Wellington High Court (3-day hearing commencing 10 March). They are claiming damages from the 'Minister for COVID-19 Response' (Chris Hipkins) for their enforced 8-month exile in Australia during 2021-22.
Like many of us, they were denied the right to return home.
They visited family in Perth in July 2021. The “Trans Tasman Bubble” that had enabled their travel was summarily suspended and consequently there were no flights from Western Australia until March 2022. That was despite Western Australia not having a single community case.
The Brills joined Grounded Kiwis Inc. in September and then both offered affidavit evidence for their Judicial Review case filed in October. The Grounded Kiwi case was a rare example of ordinary people fighting back against the COVID madness. It took a massive effort by volunteers, crowd-funding from the public, pro bono services by senior lawyers, and so on.
The Crown kept asking for adjournments but the case was finally heard in February and the Judge found, in April 2022, that the Minister’s Virtual Lobby MIAS (Managed Isolation Allocation System) was a breach of New Zealanders "rights to return" under the Bill of Rights Act. Therefore the entire system was unlawful and invalid.
Crown Law then fought every aspect of the Court’s formal declaration but they lost again. In June 2022 the Court handed down a Declaration. Hipkins mulled an appeal for several weeks but finally tossed in the towel.
Despite being chased by the media, the Minister refused to apologise to the tens of thousands of New Zealand citizens who had been unlawfully locked out of their own country. There were no consequences at all for such an appalling breach of the rights of citizenship.
In December 2022, the Chief Ombudsman delivered his long-gestated report on the lottery system. He was highly critical of the Virtual Lobby and demanded an apology from MBIE. But again there was no Ministerial apology … and no consequences.
Fed up with the lack of accountability the Brills wrote to Minister Verrall in September 2022 seeking an apology and payment of their accommodation expenses during their forced and unlawful exile. She denied liability so the Brills issued their claim for the amount of away-from-home costs approved by the Australian Tax Office. They also sought exemplary damages to vindicate the fundamental importance of New Zealanders' guaranteed rights to return to their homeland.
It was the nastiness that shook me: the Prime Minister’s office had Facebook take down a vaccine-injured support group. A vital lifeline for the lonely and the distressed was pulled from under them.
I was not injured but was one of the distressed drawing solace and support from the group. Our own Prime Minister broke us up. We weren’t allowed to meet in person or online. We weren’t counter-revolutionaries. We were just a group supporting one another.
These were the Covid Years. They hang over us still.
But bit-by-bit the truth and the horror is seeping out. Bit-by-bit transparency and accountability is coming.
Brave people are standing up to hold despotic power to account.
Former Minister Barry Brill and his wife have one such case pending in the Wellington High Court (3-day hearing commencing 10 March). They are claiming damages from the 'Minister for COVID-19 Response' (Chris Hipkins) for their enforced 8-month exile in Australia during 2021-22.
Like many of us, they were denied the right to return home.
They visited family in Perth in July 2021. The “Trans Tasman Bubble” that had enabled their travel was summarily suspended and consequently there were no flights from Western Australia until March 2022. That was despite Western Australia not having a single community case.
The Brills joined Grounded Kiwis Inc. in September and then both offered affidavit evidence for their Judicial Review case filed in October. The Grounded Kiwi case was a rare example of ordinary people fighting back against the COVID madness. It took a massive effort by volunteers, crowd-funding from the public, pro bono services by senior lawyers, and so on.
The Crown kept asking for adjournments but the case was finally heard in February and the Judge found, in April 2022, that the Minister’s Virtual Lobby MIAS (Managed Isolation Allocation System) was a breach of New Zealanders "rights to return" under the Bill of Rights Act. Therefore the entire system was unlawful and invalid.
Crown Law then fought every aspect of the Court’s formal declaration but they lost again. In June 2022 the Court handed down a Declaration. Hipkins mulled an appeal for several weeks but finally tossed in the towel.
Despite being chased by the media, the Minister refused to apologise to the tens of thousands of New Zealand citizens who had been unlawfully locked out of their own country. There were no consequences at all for such an appalling breach of the rights of citizenship.
In December 2022, the Chief Ombudsman delivered his long-gestated report on the lottery system. He was highly critical of the Virtual Lobby and demanded an apology from MBIE. But again there was no Ministerial apology … and no consequences.
Fed up with the lack of accountability the Brills wrote to Minister Verrall in September 2022 seeking an apology and payment of their accommodation expenses during their forced and unlawful exile. She denied liability so the Brills issued their claim for the amount of away-from-home costs approved by the Australian Tax Office. They also sought exemplary damages to vindicate the fundamental importance of New Zealanders' guaranteed rights to return to their homeland.
The Brill’s claim is the long-delayed completion of the Grounded Kiwis Case. Liability is settled, so the legal argument is over – but all the parties who were wronged have received neither apologies nor restitution.
If the claim is vindicated by a damages award, there are several hundred thousand other kiwis who were locked out of their country for similar periods and may well feel entitled to compensation as well. Class action litigators are waiting in the wings.
The details of this pending trial will surely be of interest to the hundreds of thousands of Kiwis who were likewise hindered in returning home, especially those who were unnecessarily delayed for six to twelve months – as the Brills were.
The Brills have been very discreet in pursuing their claim and the Crown even more so. Until now, there has been no publicity. However, on the eve of the hearing the Brills have decided the information should be public – the aggrieved parties should know – and the government again asked (by journalists) -- why it doesn't just apologise for breaking the law and for causing so much unnecessary heartbreak and costs.
The hearing is set down for three days starting 10 March.
It’s one of many small steps on the way to ensuring we never so readily slip into tyranny again.
Rodney Hide is former ACT Party leader, and Minister in the National-ACT Government from 2008 to 2011. This article was first published HERE
If the claim is vindicated by a damages award, there are several hundred thousand other kiwis who were locked out of their country for similar periods and may well feel entitled to compensation as well. Class action litigators are waiting in the wings.
The details of this pending trial will surely be of interest to the hundreds of thousands of Kiwis who were likewise hindered in returning home, especially those who were unnecessarily delayed for six to twelve months – as the Brills were.
The Brills have been very discreet in pursuing their claim and the Crown even more so. Until now, there has been no publicity. However, on the eve of the hearing the Brills have decided the information should be public – the aggrieved parties should know – and the government again asked (by journalists) -- why it doesn't just apologise for breaking the law and for causing so much unnecessary heartbreak and costs.
The hearing is set down for three days starting 10 March.
It’s one of many small steps on the way to ensuring we never so readily slip into tyranny again.
Rodney Hide is former ACT Party leader, and Minister in the National-ACT Government from 2008 to 2011. This article was first published HERE
17 comments:
And this all originally perpetrated by a Prime Minister - a darling of the left and our msm, who proclaimed she was "kind".
It was not only the nastiness and crumbling of institutions that disgusted me but also the zeal with which institutions like the NZ police delighted in bullying everyone.
Language was also perverted.
"Bubble" used to describe enforced home detention and freedom of movement.
"Be Kind", "Trust the Science" and "We are the Single Source of Truth" were all phrases intended to quell dissenting views in a completely flawed set of policies.
Will never forget that draconian period.
And now if you get covid you are told to come to work if you are not feeling that bad. The whole thing was never about health.
Thank you very much to the Brills for taking this stance. I have always had respect for Barry since he was a MP for Kapiti and helped my mother and me in the '' bloody reading wars that raged in Kapiti last century. He also writes excellent articles countering the climate cult.
I would support Mr Brill and the others. Believe me, I would ........
... except Mr Brill is not just seeking recompense but also punitive damages.
Was Mr Brill seeking a proper remedy, i.e. Hipkins, Adern et al taken out to the nearest tree, stripped, tied to that tree and flogged within an inch of their lives, he would have my support. I'd even help purchase the whip. If he then stripped them of all assets even better,
Instead Mr Brill seeks damages that none of the miscreants will pay. I (and you) will!
The lash would be far more apt and just.
GO THE BRILLS!!!!!
Unfortunately people have short memories, especially if they or their family were not affected by these actions. My wife had to travel to Australia for a family emergency in mid 2021, the border was slammed shut, with Ms Verrall,smugly stating on tv that people choosing to travel, should have thought about that. Refusing to let citizens return was later ruled unlawful, but they were and are not bothered. My wife was stranded for weeks, causing distress to her and our whole family. I hope this case is successful, and that at the very least an apology is ordered.
As one who left home in Aus to be with a lonely ancient parent in NZ for a week or so ( impossible unless I paid or stayed 90 days - as it was at time of arrival) , endured isolation in a sunless noisy hotel room ( maximum 45 minutes per day outside if available) and largely inedible food then for 5 months could neither get out of NZ nor back into Aus, my best wishes to the Brills.
My recollection of the finding re managed isolation was that the system used to allocate places was unfair - not that the numbers should not be limited. And I can't believe that there were hundreds of thousands of NZers prevented from coming home - that has to be an exaggeration.
And she still is trumpeting about her speciality - " the politics of compassion". A very sick joke.
The final outcome should provide precedent for other to take a class action against the Govt.
Might we also see similar action from those who might or will be affected by action the government takes to attain its non
mandated net zero emissions target.
Compensation for the tyranny the then Govt perpetrated is essential. It should be massively substantial and paid directly by the individual ministers responsible, whether it bankrupts them or not.
Unfortunately this may not future proof us as a nation of free people. They are now trying to make it legal to do lockdowns and mandates for the next time. But we will fight, fight, fight. MC
I wonder what she would have done if Barry was a former Labour Party Minister.
Personally, and especially as a susceptible oldie very pleased to still be around to contribute to BV, I am inclined to forgive. They were dealing with the unknown. We avoided 1919 and the convoys of coffin trucks as USA , Italy etc. What I cannot forgive is the financial folly, standard recognised guidelines disregarded and huge inflation (and consequent corrective hardship) created.
Yes, they were dealing with the unknown. Too many people are wise after the event, and some people on social media come across as sick in the head with their feelings of vengeance towards politicians.s
We (my wife and I) got out of Lebanon after a 17-year stint there as the country was falling apart but the drawbridge was up and so we headed for Turkey to await the green light to return home. After 3 months we had to apply for permanent residency to be able to stay in Turkey as our lucky numbers hadn't come up. There's a comic element to this - having to become a permanent resident of a place you don't like much because your own country won't let you back in. So we spent nigh on 6 months there.
Lebanese and Turkish people we explained our situation to were on the whole aghast. Countries like Bangladesh were laying on flights to pick their citizens up across the region to take them home. And here was a 'first world' country blocking the return of its own citizens. One Kurdish man we befriended muttered, "Doesn't the NZ government have any buildings it can turn into temporary accommodation for people returning" when we explained the MIQ system to him.
I approached MBIE about some compensation - I suggested a per diem allowance for our enforced sojourn in Turkey. No ball game, of course. I took it to the Ombudsman but he didn't want to know either.
Good luck to the Brills. You never know, we just might reopen the case file depending on how things go for them.
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