1 00:00:09,133 --> 00:00:12,013 Speaker 1: You're listening to a podcast from News Talks. It be 2 00:00:12,413 --> 00:00:16,213 Speaker 1: follow this and our wide range of podcasts now on iHeartRadio. 3 00:00:16,773 --> 00:00:19,813 Speaker 1: It's time for all the attitude, all the opinion, all 4 00:00:19,853 --> 00:00:22,493 Speaker 1: the information, all the debates. 5 00:00:21,973 --> 00:00:24,293 Speaker 2: Of theists, now. 6 00:00:24,293 --> 00:00:27,813 Speaker 1: The Layton Smith podcast Coward by news Talks. 7 00:00:27,493 --> 00:00:30,013 Speaker 3: It be Welcome to podcasts two hundred and sixty for 8 00:00:30,053 --> 00:00:34,133 Speaker 3: October sixteen, twenty twenty four. What do these subjects have 9 00:00:34,173 --> 00:00:39,933 Speaker 3: in common? Freedom of speech, censorship, rule of law, judicial activism, politics, 10 00:00:40,173 --> 00:00:44,733 Speaker 3: the administrative state, morality, and there's plenty more. They are 11 00:00:44,813 --> 00:00:48,413 Speaker 3: all part of an ongoing discussion, an important discussion over 12 00:00:48,453 --> 00:00:51,733 Speaker 3: where society is headed and what the social future of 13 00:00:51,773 --> 00:00:54,213 Speaker 3: the country, if not much of the world, will be like. 14 00:00:54,853 --> 00:00:58,413 Speaker 3: Politics has always been a scene of changing alliances. Law 15 00:00:58,493 --> 00:01:02,613 Speaker 3: and freedom have always gone together, but judicial activism now 16 00:01:02,733 --> 00:01:06,733 Speaker 3: casts a shadow over that connection. Rights have in the 17 00:01:06,773 --> 00:01:10,133 Speaker 3: past been a formulation of the essentials of freedom, but 18 00:01:10,373 --> 00:01:14,333 Speaker 3: utopians have learned to turn a vast range of rights 19 00:01:14,373 --> 00:01:19,373 Speaker 3: into the blueprint for some supposedly largest social perfection. That 20 00:01:19,493 --> 00:01:24,373 Speaker 3: is why vigilance and political connoisseurship are necessary in sustaining 21 00:01:24,413 --> 00:01:27,893 Speaker 3: the practices of our free world. The author of the 22 00:01:27,893 --> 00:01:33,013 Speaker 3: book was Kennethmanogue, Kywe born and bred, lived most of 23 00:01:33,013 --> 00:01:36,133 Speaker 3: his life in the Northern Hemisphere, specifically in London, where 24 00:01:36,133 --> 00:01:38,493 Speaker 3: he was a professor at the London School of Economics. 25 00:01:38,933 --> 00:01:41,853 Speaker 3: He was an economist, but he was also known very 26 00:01:41,853 --> 00:01:45,533 Speaker 3: widely as a philosopher, and a very good one. He 27 00:01:45,613 --> 00:01:48,813 Speaker 3: came back to New Zealand to do a speech. I 28 00:01:48,853 --> 00:01:50,973 Speaker 3: think it might have been a Sir John Graham's speech, 29 00:01:51,293 --> 00:01:54,653 Speaker 3: and that is where I met him, and memory serves 30 00:01:54,693 --> 00:01:57,973 Speaker 3: me correctly, I interviewed him. But that's beside the point. 31 00:01:58,213 --> 00:02:00,373 Speaker 3: The point is that we've reached the stage that men 32 00:02:00,533 --> 00:02:03,853 Speaker 3: like Kenneth Minogue, and there's a list of others could 33 00:02:03,853 --> 00:02:06,813 Speaker 3: see coming. The second quote I want I want to 34 00:02:06,893 --> 00:02:13,373 Speaker 3: utilize is by Robert Bork, a judge in America, and 35 00:02:13,693 --> 00:02:16,373 Speaker 3: he was a candidate for the Supreme Court, and he 36 00:02:16,453 --> 00:02:21,853 Speaker 3: was destroyed by the present President of the United States. 37 00:02:22,533 --> 00:02:26,813 Speaker 3: Robert Bork coercing virtue the worldwide rule of judges quick 38 00:02:26,893 --> 00:02:31,173 Speaker 3: quote judicial activism, the ordering of results not supported by 39 00:02:31,213 --> 00:02:36,453 Speaker 3: any reasonable interpretation of the constitution. They have their written constitution. 40 00:02:36,613 --> 00:02:41,333 Speaker 3: We have our unwritten constitution. May be rampant, but it 41 00:02:41,373 --> 00:02:45,893 Speaker 3: is completely unsupportable. Numerous attempts at justification have been made 42 00:02:45,933 --> 00:02:49,013 Speaker 3: by academic lawyers and by left wing activist groups such 43 00:02:49,053 --> 00:02:52,773 Speaker 3: as the American Civil Liberties Union, and more recently by 44 00:02:53,173 --> 00:02:56,453 Speaker 3: heated statements from the leaders of the American Bar Association 45 00:02:57,333 --> 00:03:01,093 Speaker 3: that swing should not be surprising. Some people will always 46 00:03:01,173 --> 00:03:04,093 Speaker 3: rally around the center of power, particularly if it is 47 00:03:04,213 --> 00:03:08,493 Speaker 3: the center most accessible to them and it produces the 48 00:03:08,533 --> 00:03:11,733 Speaker 3: results that they want. Now, as you would already be 49 00:03:11,773 --> 00:03:16,093 Speaker 3: aware because you've seen it in the notes or heard 50 00:03:16,133 --> 00:03:20,613 Speaker 3: it on the radio, this podcast centers around the New 51 00:03:20,653 --> 00:03:25,093 Speaker 3: Zealand Supreme Court. Tuesday afternoon, the fifteenth of October, which, 52 00:03:25,333 --> 00:03:28,933 Speaker 3: as this is being released on the sixteenth, was just yesterday, 53 00:03:29,613 --> 00:03:33,213 Speaker 3: the New Zealand Initiative add its chairman, released a paper 54 00:03:33,413 --> 00:03:38,093 Speaker 3: written by Roger Partridge, who is a lawyer and the 55 00:03:38,453 --> 00:03:42,173 Speaker 3: chairman of the New Zealand Institute. It's called Who Makes 56 00:03:42,213 --> 00:03:45,813 Speaker 3: the Law Reigning in the Supreme Court and the report 57 00:03:45,933 --> 00:03:49,853 Speaker 3: challenges the Supreme Court's recent decisions and their implications for 58 00:03:49,973 --> 00:03:54,093 Speaker 3: our constitutional balance. So, in the discussion that follows, how 59 00:03:54,133 --> 00:03:57,213 Speaker 3: the Supreme Court has adopted a loose approach to interpreting 60 00:03:57,253 --> 00:04:00,813 Speaker 3: laws passed by Parliament. The Court's reshaping of the common 61 00:04:00,893 --> 00:04:04,573 Speaker 3: law based on judge's perceptions of changing social values and 62 00:04:04,613 --> 00:04:10,013 Speaker 3: the consequences of judicial overreach for them, critic legitimacy and 63 00:04:10,053 --> 00:04:13,213 Speaker 3: the rule of law, and then provides some suggestions for 64 00:04:13,573 --> 00:04:16,293 Speaker 3: solutions to the above problems. So in just a moment 65 00:04:16,333 --> 00:04:19,453 Speaker 3: we'll talk with Roger Partridge. After which, of course there 66 00:04:19,533 --> 00:04:22,493 Speaker 3: is the mail room with Missus Producer, and there are 67 00:04:22,573 --> 00:04:25,813 Speaker 3: some advisories with regard to things that I think will 68 00:04:25,813 --> 00:04:43,853 Speaker 3: interest you which we have recently introduced. But next Roger Partridge. 69 00:04:46,293 --> 00:04:50,733 Speaker 3: Leverix is an antihistamine made in Switzerland to the highest quality. 70 00:04:50,933 --> 00:04:54,773 Speaker 3: Leverix relieves hay fever and skin allergies or itchy skin. 71 00:04:55,253 --> 00:04:59,573 Speaker 3: It's a dual action antihistamine and has a unique nasal 72 00:04:59,813 --> 00:05:04,413 Speaker 3: decongestant action. 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Farmer Broker 81 00:05:35,933 --> 00:05:40,373 Speaker 3: Auckland Layton Smith Roger Partridge was for twenty three years 82 00:05:40,413 --> 00:05:44,173 Speaker 3: a litigation partner at law firm Bell Gully. He is 83 00:05:44,293 --> 00:05:47,373 Speaker 3: now the chairman of the New Zealand Initiative and has 84 00:05:47,413 --> 00:05:52,093 Speaker 3: written numerous papers on matters of public importance. His most 85 00:05:52,133 --> 00:05:57,333 Speaker 3: recent was Prescription for Prosperity, a briefing to the incoming 86 00:05:57,373 --> 00:06:00,693 Speaker 3: government of twenty twenty three. He has now written and 87 00:06:01,093 --> 00:06:05,653 Speaker 3: released who Makes the Law reigning in the Supreme Court 88 00:06:06,613 --> 00:06:10,093 Speaker 3: While somebody needed to do it? Roger Partridge, great to 89 00:06:10,093 --> 00:06:14,133 Speaker 3: talk with you and I congratulate you on what you've done. 90 00:06:14,733 --> 00:06:19,173 Speaker 3: It's very impressive. What brought you to the point of 91 00:06:19,213 --> 00:06:22,293 Speaker 3: realizing you needed to do this well. 92 00:06:22,933 --> 00:06:26,293 Speaker 2: I've spent nearly nine years now working with the team 93 00:06:26,333 --> 00:06:30,493 Speaker 2: at the Initiatives as well as sharing the organization, and 94 00:06:31,413 --> 00:06:35,053 Speaker 2: most of those nine years I've tried to pretend I 95 00:06:35,173 --> 00:06:37,973 Speaker 2: wasn't formerly a lawyer, and I've written on a range 96 00:06:38,013 --> 00:06:43,773 Speaker 2: of public policy matters, monitoring fiscal policy, New Zealand's culture health, energy, 97 00:06:44,293 --> 00:06:49,693 Speaker 2: anything really the team lets me. I was drawn back 98 00:06:49,733 --> 00:06:53,133 Speaker 2: into writing on the law by what I saw as 99 00:06:53,493 --> 00:06:59,493 Speaker 2: increasingly erratic decisions from the Supreme Court. It started three 100 00:06:59,613 --> 00:07:02,813 Speaker 2: years ago with the Make It sixteen case, that's the 101 00:07:02,893 --> 00:07:07,093 Speaker 2: voting age case, where the Supreme Court weighed in on 102 00:07:07,173 --> 00:07:13,933 Speaker 2: something that's obviously a political issue and and and in 103 00:07:13,973 --> 00:07:17,853 Speaker 2: its enthusiasm it made a really very basic error in 104 00:07:17,853 --> 00:07:21,653 Speaker 2: interpreting the Bill of Rights Act. The Minority there was 105 00:07:21,693 --> 00:07:24,133 Speaker 2: a minority judgment of Stephen Kosch which got the law 106 00:07:24,253 --> 00:07:31,053 Speaker 2: right justice coach, but it was an obvious flaw and 107 00:07:31,493 --> 00:07:36,053 Speaker 2: it belied a court very keen to intervene on on 108 00:07:36,053 --> 00:07:38,493 Speaker 2: on political matters and matter is that really should be 109 00:07:38,533 --> 00:07:42,613 Speaker 2: left to Parliament and to voters. Earlier this year then 110 00:07:42,853 --> 00:07:47,293 Speaker 2: another extremely erratic cases I saw at the Climate change case, 111 00:07:47,333 --> 00:07:51,213 Speaker 2: where the Court of Appeal had said civil proceedings between 112 00:07:51,293 --> 00:07:54,053 Speaker 2: a plaint of and a defendant couldn't couldn't really hope 113 00:07:54,053 --> 00:07:56,453 Speaker 2: to address the challenge that is climate change in it 114 00:07:56,533 --> 00:08:01,293 Speaker 2: that it required a complex regulatory regime and international treaties. 115 00:08:01,333 --> 00:08:03,253 Speaker 2: But the Supreme Court was having none of that and 116 00:08:03,293 --> 00:08:09,333 Speaker 2: granted granted leave for the for the unsuccessful plaintiff to 117 00:08:09,533 --> 00:08:11,853 Speaker 2: appeal the decision from the Court of Appeal striking out 118 00:08:11,853 --> 00:08:14,253 Speaker 2: the claim. So we're now going to have the judges 119 00:08:14,453 --> 00:08:20,653 Speaker 2: inserting themselves into into a show trial on climate change, 120 00:08:20,653 --> 00:08:23,893 Speaker 2: on an issue which many will think is best left 121 00:08:23,893 --> 00:08:29,453 Speaker 2: to Parliament. And then in I think it was early March, 122 00:08:29,493 --> 00:08:33,733 Speaker 2: it might have been late February, the CAC Jack Hodd 123 00:08:34,413 --> 00:08:36,653 Speaker 2: sent me a draft of an article he was going 124 00:08:36,693 --> 00:08:39,533 Speaker 2: to deliver at a conference run by the Legal Research 125 00:08:39,573 --> 00:08:43,373 Speaker 2: Foundation marking twenty years of the Supreme Court's anniversary. It 126 00:08:43,453 --> 00:08:46,373 Speaker 2: was written in very polite language, but it was at 127 00:08:46,413 --> 00:08:51,093 Speaker 2: trenchant criticism of a court that's really straight outside its 128 00:08:51,093 --> 00:08:54,893 Speaker 2: bounds and misunderstood its role. I wrote it up in 129 00:08:54,933 --> 00:09:01,053 Speaker 2: my herald column that Jack's criticisms confirmed some of my 130 00:09:01,173 --> 00:09:04,373 Speaker 2: own thinking. I wrote a follow up column with some 131 00:09:04,893 --> 00:09:07,333 Speaker 2: a couple of thoughts on what Parliament might do to 132 00:09:07,413 --> 00:09:12,693 Speaker 2: reign in the Court and kept thinking about it and 133 00:09:12,693 --> 00:09:16,173 Speaker 2: that led to the project which is released today. 134 00:09:17,333 --> 00:09:20,973 Speaker 3: So the Supreme Court has adopted a loose approach to 135 00:09:21,053 --> 00:09:25,253 Speaker 3: interpreting laws passed by Parliament is one of the lead 136 00:09:25,333 --> 00:09:29,293 Speaker 3: lines of the email that I first received. Who decides 137 00:09:29,413 --> 00:09:32,453 Speaker 3: whether the Court is following what are perceived to be 138 00:09:32,493 --> 00:09:35,573 Speaker 3: the rules and what the rules are well. 139 00:09:36,093 --> 00:09:41,733 Speaker 2: It's a mix of jurisprudential analysis by academics and the 140 00:09:41,773 --> 00:09:46,453 Speaker 2: politicians themselves. It is, after all, Parliament that's supreme in 141 00:09:46,493 --> 00:09:50,613 Speaker 2: the legal hierarchy. Parliament makes the laws, Parliament created the 142 00:09:50,613 --> 00:09:55,013 Speaker 2: Supreme Court. Parliament has laid down the guidelines that the 143 00:09:55,013 --> 00:10:00,613 Speaker 2: courts must follow when interpreting Parliament's words. And what we're 144 00:10:00,693 --> 00:10:05,773 Speaker 2: seeing now is a radical departure from those guidelines by 145 00:10:05,933 --> 00:10:12,333 Speaker 2: a court that has becoming increasingly unconstrained and increasingly inserting 146 00:10:12,373 --> 00:10:16,733 Speaker 2: itself into the role of lawmaker, which is traditionally Parliament's 147 00:10:16,813 --> 00:10:23,173 Speaker 2: role rather than just adjudicator deciding disputes between parties. And 148 00:10:23,213 --> 00:10:27,053 Speaker 2: when you become a lawmaker, you're making policy decisions, and 149 00:10:27,093 --> 00:10:31,533 Speaker 2: that inevitably politicizes the judicial role. And I think we 150 00:10:31,573 --> 00:10:34,373 Speaker 2: can see from the US the cautionary tale of what 151 00:10:34,533 --> 00:10:39,093 Speaker 2: happens when a Supreme Court becomes too activist, and the 152 00:10:39,213 --> 00:10:43,533 Speaker 2: erosion of trust in the impartiality of the judiciary and 153 00:10:44,493 --> 00:10:47,613 Speaker 2: in a sense, the erosion of the democratic legitimacy of 154 00:10:47,653 --> 00:10:51,173 Speaker 2: the law if the laws are being made by unaccountable 155 00:10:51,973 --> 00:10:55,253 Speaker 2: not politically accountable judges rather than accountable politicians. 156 00:10:55,773 --> 00:10:59,693 Speaker 3: So you raise the US scenario, and I'm glad you did. 157 00:11:00,213 --> 00:11:03,493 Speaker 3: What are the similarities and what are the differences between 158 00:11:03,693 --> 00:11:06,373 Speaker 3: the Supreme Court of New Zealand and the Supreme Court 159 00:11:06,413 --> 00:11:08,733 Speaker 3: of the US and how they both operate. 160 00:11:09,773 --> 00:11:12,213 Speaker 2: Well, the big difference is that the Supreme Court in 161 00:11:12,253 --> 00:11:15,973 Speaker 2: the US can strike down legislation. Because the US has 162 00:11:16,013 --> 00:11:19,773 Speaker 2: a written constitution, the Supreme Court in the US can 163 00:11:20,773 --> 00:11:27,173 Speaker 2: declare legislation passed by Congress to be unconstitutional and therefore invalid. 164 00:11:27,773 --> 00:11:32,373 Speaker 2: New Zealand's Supreme Court can't do that. It's given itself 165 00:11:32,453 --> 00:11:37,213 Speaker 2: the right to declare legislation inconsistent with the Bill of Rights. 166 00:11:37,253 --> 00:11:39,333 Speaker 2: But the Bill of Rights is just an ordinary piece 167 00:11:39,373 --> 00:11:45,333 Speaker 2: of legislation, doesn't result in legislation being invalidated. That's the 168 00:11:45,333 --> 00:11:50,373 Speaker 2: biggest difference. The biggest similarity now is that we've got 169 00:11:50,653 --> 00:11:57,533 Speaker 2: a Supreme Court that is increasingly keen to get involved 170 00:11:57,693 --> 00:12:02,493 Speaker 2: in political contentious political issues. The voting age is a 171 00:12:02,533 --> 00:12:07,293 Speaker 2: good example. Climate change is another good example. The sentence 172 00:12:07,373 --> 00:12:10,133 Speaker 2: in case the three strikes legislation. Whether you like the 173 00:12:10,133 --> 00:12:12,813 Speaker 2: three strikes legislation or not, I was never a fan 174 00:12:12,893 --> 00:12:18,173 Speaker 2: of it. But it was undoubtedly within Parliament's reavemant to 175 00:12:18,213 --> 00:12:22,613 Speaker 2: pass it. But it's the court took a hostile approach 176 00:12:22,733 --> 00:12:27,693 Speaker 2: to three strikes. So we're seeing a court increasingly involved 177 00:12:27,933 --> 00:12:32,693 Speaker 2: in making policy, in inserting itself into important policy decisions 178 00:12:33,013 --> 00:12:36,013 Speaker 2: which traditionally the courts would have left to Parliament. 179 00:12:37,213 --> 00:12:43,533 Speaker 3: So it's referred to here mostly as judicial overreach. Is 180 00:12:43,533 --> 00:12:46,053 Speaker 3: there a difference in your to you? Is there a 181 00:12:46,053 --> 00:12:48,613 Speaker 3: difference between overreach and the activism? 182 00:12:50,453 --> 00:12:55,653 Speaker 2: No? I no, I think the terms are pretty much interchangeable. 183 00:12:56,493 --> 00:12:58,093 Speaker 3: So let me go, let me take you back to 184 00:12:58,133 --> 00:13:01,213 Speaker 3: the very beginning, if I can put it that way, 185 00:13:01,653 --> 00:13:05,173 Speaker 3: of how how a judge becomes a Justice of the 186 00:13:05,213 --> 00:13:09,093 Speaker 3: Supreme Court in this country. 187 00:13:09,333 --> 00:13:15,573 Speaker 2: Appointed appointed by the executive by the Prime minister. So 188 00:13:15,773 --> 00:13:20,373 Speaker 2: the judicial appointment process as either the either the Attorney 189 00:13:20,373 --> 00:13:22,493 Speaker 2: General or the Prime Minister in cabinet. 190 00:13:23,133 --> 00:13:23,773 Speaker 3: And that's it. 191 00:13:24,693 --> 00:13:25,213 Speaker 2: Yes, that's it. 192 00:13:25,373 --> 00:13:28,373 Speaker 3: There is no interrogation, there's no cross examination, there's no 193 00:13:28,453 --> 00:13:30,133 Speaker 3: hearings like they have in the Senate. 194 00:13:31,133 --> 00:13:33,973 Speaker 2: That's right. And I think we've got a pretty good 195 00:13:35,333 --> 00:13:42,573 Speaker 2: cross party track record of appointing judges based on on 196 00:13:42,773 --> 00:13:47,813 Speaker 2: quality and not based on their political leanings. But I 197 00:13:47,853 --> 00:13:51,053 Speaker 2: don't think what we haven't paid enough attention to is 198 00:13:52,173 --> 00:14:00,813 Speaker 2: whether judges are committed to parliamentary sovereignty, committed to judicial restraint, 199 00:14:01,773 --> 00:14:04,973 Speaker 2: and committed to ensuring and upholding the rule of law. 200 00:14:05,853 --> 00:14:08,973 Speaker 2: And it's probably worth dwelling from home on just what 201 00:14:09,013 --> 00:14:12,653 Speaker 2: the rule of law means. It's reasonably well understood by lawyers, 202 00:14:13,093 --> 00:14:16,733 Speaker 2: but most importantly, it means that laws are certain and predictable. 203 00:14:17,253 --> 00:14:21,253 Speaker 2: And if you've if you've got judges weighing in and 204 00:14:21,453 --> 00:14:27,293 Speaker 2: taking radical or perhaps even unreasonable views of what legislation means, 205 00:14:27,293 --> 00:14:29,733 Speaker 2: then the law becomes less certain and predictable. And that 206 00:14:29,853 --> 00:14:33,573 Speaker 2: challenge is the rule of law. So the report recommends 207 00:14:34,053 --> 00:14:37,693 Speaker 2: one of the five recommendations is that we sharpen up 208 00:14:37,773 --> 00:14:43,333 Speaker 2: judicial appointment processes to focus more on those qualities, the 209 00:14:43,373 --> 00:14:46,493 Speaker 2: qualities of judicial restraint, respect for the sovereignty of parliament, 210 00:14:46,573 --> 00:14:47,493 Speaker 2: and the rule of law. 211 00:14:47,973 --> 00:14:50,253 Speaker 3: How much of a part would track record play on that. 212 00:14:51,853 --> 00:14:52,493 Speaker 2: A huge part? 213 00:14:53,173 --> 00:14:56,773 Speaker 3: Okay. The reason I'm pushing this line a little bit 214 00:14:56,973 --> 00:15:02,853 Speaker 3: is because we've witnessed in the United States lawyers, sorry, judges, 215 00:15:02,893 --> 00:15:06,733 Speaker 3: who have been appointed to the Supreme Court who, particularly 216 00:15:06,933 --> 00:15:13,653 Speaker 3: by Republicans presidents, have not necessarily lived up to expectations. 217 00:15:13,773 --> 00:15:18,413 Speaker 3: In fact, there are suggestions, if not accusations, that one 218 00:15:18,533 --> 00:15:22,573 Speaker 3: or two of them I have been dishonest in their 219 00:15:23,133 --> 00:15:24,773 Speaker 3: interrogation period. 220 00:15:25,533 --> 00:15:30,013 Speaker 2: Well, sorry, I jump in. I don't think you'd find 221 00:15:30,053 --> 00:15:33,933 Speaker 2: the Democrats feeling that. We've had a long period where 222 00:15:33,933 --> 00:15:41,493 Speaker 2: the US Supreme Court was dominated by Democrat Democrat appointments, 223 00:15:41,773 --> 00:15:45,773 Speaker 2: the Democratic Party appointment so social democrats or socially liberals 224 00:15:45,853 --> 00:15:48,773 Speaker 2: or the Americans like to call them progressives. So we've 225 00:15:48,773 --> 00:15:52,613 Speaker 2: had a progressive dominated bench. We've now got it and 226 00:15:54,773 --> 00:15:59,333 Speaker 2: quite an activist Supreme Court, and the Conservatives have railed 227 00:15:59,333 --> 00:16:04,893 Speaker 2: against that. Now we've got a conservative dominated Supreme Court 228 00:16:04,973 --> 00:16:09,373 Speaker 2: bench and that's also activist, and the Democrats are railing 229 00:16:09,533 --> 00:16:12,573 Speaker 2: against it. And it's a cautionary tale for us. We 230 00:16:12,653 --> 00:16:19,013 Speaker 2: don't want a judiciary that's overtly or subject overtly to 231 00:16:21,053 --> 00:16:25,853 Speaker 2: the charge that it's politically partial, because that undermines trust 232 00:16:25,893 --> 00:16:30,653 Speaker 2: and the judiciary and the democratic legitimacy of the legal 233 00:16:30,653 --> 00:16:31,453 Speaker 2: system and the law. 234 00:16:32,453 --> 00:16:35,853 Speaker 3: So you're happy with the way that judges are appointed 235 00:16:35,893 --> 00:16:38,373 Speaker 3: here to the Supreme Court? Do you think there's not 236 00:16:39,293 --> 00:16:40,293 Speaker 3: advances we could make. 237 00:16:41,253 --> 00:16:44,533 Speaker 2: I don't I wouldn't want to change the process of appointment. 238 00:16:44,613 --> 00:16:51,373 Speaker 2: I'd like I'd like more focus on judges demonstrated respect 239 00:16:51,413 --> 00:16:53,733 Speaker 2: for the sovereignty of Parliament and the rule of law 240 00:16:54,013 --> 00:16:59,653 Speaker 2: and the doctrines of precedents, President and the other. The 241 00:16:59,693 --> 00:17:05,053 Speaker 2: other suggestion, though, and this is not as radical as 242 00:17:05,053 --> 00:17:09,093 Speaker 2: it sounds, is to introduce term limits for Supreme Court judges, 243 00:17:09,173 --> 00:17:10,853 Speaker 2: so they'd spend they'd come up out of the Court 244 00:17:10,853 --> 00:17:14,653 Speaker 2: of Appeal and spend five to seven years perhaps in 245 00:17:14,693 --> 00:17:16,373 Speaker 2: the Supreme Court and then go back to the Court 246 00:17:16,373 --> 00:17:19,693 Speaker 2: of Appeal or retire, and that way we'd I think 247 00:17:19,693 --> 00:17:25,413 Speaker 2: we'd counter an Ivory Tower concern that spending too long 248 00:17:25,653 --> 00:17:28,333 Speaker 2: at the top in the palace that we've built for 249 00:17:28,373 --> 00:17:33,493 Speaker 2: the Supreme Court in Wellington gives the risks giving Supreme 250 00:17:33,493 --> 00:17:38,533 Speaker 2: Court judges hears above their station. Their role is to 251 00:17:38,573 --> 00:17:43,053 Speaker 2: adjudicate on disputes, not to be not to take over 252 00:17:43,133 --> 00:17:46,893 Speaker 2: Parliament's role. So I think Supreme Court terms for Supreme 253 00:17:46,893 --> 00:17:49,693 Speaker 2: Court judges would be a good idea, and a greater 254 00:17:49,733 --> 00:17:53,413 Speaker 2: focus on judicial restraint in their track record. 255 00:17:53,533 --> 00:17:58,533 Speaker 3: The appointment to the superior courts, the retention of seventy 256 00:17:58,693 --> 00:18:04,533 Speaker 3: sorry that the tension of retirement at seventy Yes, retention 257 00:18:04,613 --> 00:18:07,773 Speaker 3: of that. Why is it that somebody who's had an 258 00:18:08,493 --> 00:18:15,293 Speaker 3: a lifelong experience in the legal system is necessarily useless 259 00:18:15,373 --> 00:18:21,133 Speaker 3: at Seventy's just a question that I've often pondered. Why 260 00:18:21,213 --> 00:18:23,853 Speaker 3: there isn't why there aren't other arrangements. 261 00:18:24,973 --> 00:18:29,333 Speaker 2: I think anything else becomes too hard. So it's a 262 00:18:29,373 --> 00:18:34,933 Speaker 2: blunt rule to avoid having to deal with judges with 263 00:18:34,973 --> 00:18:38,453 Speaker 2: cognitive decline. And you want to put the cut off 264 00:18:38,493 --> 00:18:41,253 Speaker 2: point early enough so that you're not you're not running 265 00:18:41,253 --> 00:18:43,893 Speaker 2: into the risk of it. We've seen that with some 266 00:18:43,933 --> 00:18:48,453 Speaker 2: Supreme Court judges in the US. Perhaps it could be 267 00:18:48,493 --> 00:18:51,533 Speaker 2: seventy five, but I think you need a blunt rule 268 00:18:51,853 --> 00:18:55,613 Speaker 2: rather than an evaluation of a particular judges cognitive performance. 269 00:18:56,573 --> 00:19:00,733 Speaker 3: You may mention of the Americans being a written constitution, 270 00:19:00,933 --> 00:19:08,253 Speaker 3: which of course is right. We don't our constitution is well, 271 00:19:08,853 --> 00:19:10,213 Speaker 3: is it a living constitution. 272 00:19:12,733 --> 00:19:18,413 Speaker 2: It's not a living constitution in the sense that progressive 273 00:19:18,493 --> 00:19:21,293 Speaker 2: or activist judges in the US would claim it to be. 274 00:19:21,853 --> 00:19:27,533 Speaker 2: And this idea of living law the meaning and just 275 00:19:27,573 --> 00:19:31,933 Speaker 2: to explain it, that's generally the idea that the meaning 276 00:19:32,133 --> 00:19:38,093 Speaker 2: of legislation changes as society's values. Change. I think that's 277 00:19:38,133 --> 00:19:41,773 Speaker 2: a very dangerous concept. I think it's inconsistent with the 278 00:19:41,853 --> 00:19:46,013 Speaker 2: rule of law. I think legislation means what it meant, 279 00:19:46,053 --> 00:19:49,453 Speaker 2: including a constitutional document, means what it was meant when 280 00:19:49,453 --> 00:19:54,853 Speaker 2: it was enacted. And if society of voters the electorate 281 00:19:54,933 --> 00:19:59,653 Speaker 2: wants changes to us, then that should go through the 282 00:19:59,693 --> 00:20:03,533 Speaker 2: democratic process and so and we've seen that with the 283 00:20:03,613 --> 00:20:08,933 Speaker 2: US Constitution with a series of amendments. That's the democratically 284 00:20:09,013 --> 00:20:14,533 Speaker 2: legitimate way of changing both your founding constitution and any 285 00:20:14,613 --> 00:20:19,533 Speaker 2: other law that needs updating. Not the courts saying well, 286 00:20:19,653 --> 00:20:22,453 Speaker 2: Parliament might have meant one thing in nineteen ninety, but 287 00:20:22,573 --> 00:20:26,413 Speaker 2: in twenty twenty four it would have decided something else 288 00:20:26,533 --> 00:20:30,813 Speaker 2: because we think society's values are changed. Therefore we'll interpret 289 00:20:30,853 --> 00:20:34,253 Speaker 2: it in a different way. That's not the job for 290 00:20:34,293 --> 00:20:37,973 Speaker 2: the courts. That's a job for our democratically elected parliament. 291 00:20:38,293 --> 00:20:41,453 Speaker 2: The courts are not equipped to make social policy decisions. 292 00:20:41,453 --> 00:20:44,013 Speaker 2: They don't have the process of decisions. They don't have 293 00:20:44,053 --> 00:20:48,253 Speaker 2: the submission making process that occurs in Parliament with select committees. 294 00:20:52,453 --> 00:20:55,213 Speaker 2: They are dealing with issues in a very constrained way. 295 00:20:55,613 --> 00:20:58,173 Speaker 2: The issues come before the courts in a dispute between 296 00:20:58,213 --> 00:21:01,613 Speaker 2: two parties, so not everybody with an interest is represented, 297 00:21:03,813 --> 00:21:06,933 Speaker 2: and so they're not equipped to make social policy decisions. 298 00:21:07,533 --> 00:21:11,173 Speaker 2: And then they're not but obviously obviously they think they are. 299 00:21:12,413 --> 00:21:15,333 Speaker 2: Well they think they are. And that's the problem that 300 00:21:14,693 --> 00:21:18,973 Speaker 2: the report primarily addresses. How to reign in a court 301 00:21:19,013 --> 00:21:24,093 Speaker 2: that thinks that it's got a function that's beyond its remit. 302 00:21:25,533 --> 00:21:30,173 Speaker 3: I know I'm retreading where we've already been, but the 303 00:21:30,213 --> 00:21:35,893 Speaker 3: suggestion that they are overreaching and the reasons that we've 304 00:21:35,973 --> 00:21:40,453 Speaker 3: discussed makes it makes it more difficult to accept the 305 00:21:41,373 --> 00:21:44,973 Speaker 3: appointment process. And I know that you've explained that. I'm 306 00:21:45,013 --> 00:21:48,413 Speaker 3: just expressing my frustration with it. Can I quote you something? 307 00:21:48,653 --> 00:21:53,893 Speaker 3: The living constitution argument usually proceeds from the observation of 308 00:21:54,053 --> 00:21:57,613 Speaker 3: that society's morality is involving and the Constitution should be 309 00:21:58,013 --> 00:22:02,173 Speaker 3: interpreted by the courts to reflect that. The argument is disingenuous. 310 00:22:02,253 --> 00:22:05,773 Speaker 3: When a court invalidates a statute, it invalidates the best 311 00:22:05,813 --> 00:22:11,453 Speaker 3: evidence available of what society's morality, and the evolving morality rationale, 312 00:22:11,493 --> 00:22:13,893 Speaker 3: which the Supreme Court has used a number of times, 313 00:22:14,013 --> 00:22:16,253 Speaker 3: is actually no more than a statement that the court 314 00:22:16,293 --> 00:22:20,813 Speaker 3: believes the morality it prefers should be enforced. The society 315 00:22:20,893 --> 00:22:28,213 Speaker 3: is not involving only the court is will. That summarizes here, well, 316 00:22:28,213 --> 00:22:31,213 Speaker 3: that's that is a central issue. 317 00:22:31,373 --> 00:22:35,133 Speaker 2: But the living constitution concept is not really taken hold 318 00:22:35,693 --> 00:22:41,333 Speaker 2: in New Zealand except in some specific instances, and one 319 00:22:41,333 --> 00:22:45,333 Speaker 2: of the recommendations in the report is that to nip 320 00:22:45,373 --> 00:22:48,013 Speaker 2: it in its court. That's described in the report as 321 00:22:48,053 --> 00:22:51,853 Speaker 2: the ambulatory approach, so that the meaning of legislation changes 322 00:22:51,933 --> 00:22:56,653 Speaker 2: over time, the ambulatory approach or the living the living 323 00:22:56,693 --> 00:23:02,573 Speaker 2: constitution approach. In the US, the Parliament gives guidelines to 324 00:23:02,613 --> 00:23:07,733 Speaker 2: the courts on how they interpret legislation. It provides that 325 00:23:07,853 --> 00:23:13,453 Speaker 2: legislation is to be the meaning is to be determined 326 00:23:14,013 --> 00:23:17,093 Speaker 2: from the text of the legislation and in light of 327 00:23:17,133 --> 00:23:22,733 Speaker 2: its purpose and context. So that's the purpose that Parliament 328 00:23:22,773 --> 00:23:26,813 Speaker 2: had when it passed the legislation. Those last three words 329 00:23:26,853 --> 00:23:31,133 Speaker 2: and the context and its context I think could be 330 00:23:31,173 --> 00:23:36,573 Speaker 2: sharpened up. It does not make clear that the context, 331 00:23:36,613 --> 00:23:39,533 Speaker 2: the relevant context is the context when the law was passed, 332 00:23:40,733 --> 00:23:43,533 Speaker 2: and there are some suggestions that the court can look 333 00:23:43,573 --> 00:23:50,893 Speaker 2: to later context, so changing values. I'm suggesting that Parliament 334 00:23:51,453 --> 00:23:55,573 Speaker 2: sharpen up that wording to introduce some guardrails to make 335 00:23:55,613 --> 00:23:58,013 Speaker 2: it clear that we're talking about the context when the 336 00:23:58,093 --> 00:24:02,773 Speaker 2: law was enacted, and so that's designed to stop the 337 00:24:04,293 --> 00:24:09,093 Speaker 2: mischief you've described in that quote of the courts updating 338 00:24:09,133 --> 00:24:14,173 Speaker 2: the meaning of legislation without it going through Parliament simply 339 00:24:14,213 --> 00:24:17,773 Speaker 2: by interpreting it differently based on their perceptions of changing 340 00:24:17,813 --> 00:24:18,933 Speaker 2: society's values. 341 00:24:20,413 --> 00:24:26,253 Speaker 3: The report runs forty six pages. It starts off with 342 00:24:26,733 --> 00:24:31,413 Speaker 3: the introduction Chapter one, which came from a New Zealander 343 00:24:31,453 --> 00:24:32,933 Speaker 3: I believe, originally. 344 00:24:33,533 --> 00:24:40,733 Speaker 2: The reference to the Ford from Richard, Professor Richard Eakins. Yes, yes, yes, 345 00:24:40,933 --> 00:24:45,533 Speaker 2: Richard's the graduate of That's right. Richard's a graduate of 346 00:24:45,573 --> 00:24:51,133 Speaker 2: Auckland Law School. He was for a period, he was 347 00:24:51,173 --> 00:24:56,573 Speaker 2: for a period on the elector at Auckland and during 348 00:24:56,573 --> 00:24:58,973 Speaker 2: that time he was a council member of the Legal 349 00:24:58,973 --> 00:25:01,613 Speaker 2: Research Foundation, of which I was the executive director for 350 00:25:01,693 --> 00:25:06,053 Speaker 2: nearly a decade. And he's gone on to a glittering 351 00:25:06,133 --> 00:25:09,493 Speaker 2: career for a man of such a young age. I 352 00:25:09,493 --> 00:25:11,253 Speaker 2: don't want to put a name a figure on it, 353 00:25:11,293 --> 00:25:13,773 Speaker 2: but he must be in his early forties at most. 354 00:25:13,933 --> 00:25:16,133 Speaker 2: He's a King's Council in the UK and a full 355 00:25:16,133 --> 00:25:21,373 Speaker 2: professor at Oxford of Law and Constitutional government. So he's 356 00:25:21,413 --> 00:25:24,173 Speaker 2: a bright star in constitutional law. 357 00:25:25,053 --> 00:25:29,573 Speaker 3: So chapter Chapter two is the problem and overreaching Supreme Court, 358 00:25:30,333 --> 00:25:34,213 Speaker 3: which we've covered of course, subverting Parliament the Supreme Court's 359 00:25:34,253 --> 00:25:38,973 Speaker 3: approach to statutes because there are two areas, statutes and 360 00:25:39,093 --> 00:25:43,613 Speaker 3: common law. That's right, and they are behaving the same 361 00:25:43,813 --> 00:25:46,893 Speaker 3: or tend to behave the same on both counts. Am 362 00:25:46,933 --> 00:25:47,213 Speaker 3: I right? 363 00:25:48,213 --> 00:25:50,293 Speaker 2: Well, the same in the sense that the approach they're 364 00:25:50,333 --> 00:25:56,013 Speaker 2: taking is radical. So when it comes to interpreting statutes, 365 00:25:56,813 --> 00:26:01,013 Speaker 2: for most just to finish off on the statutory interpretation 366 00:26:01,173 --> 00:26:04,653 Speaker 2: peace first before moving to the common law. For most 367 00:26:04,733 --> 00:26:10,933 Speaker 2: of the last twenty years they've been relatively constrained when 368 00:26:10,973 --> 00:26:14,773 Speaker 2: interpreting statutes. They'd accepted that the license given to them 369 00:26:15,733 --> 00:26:20,053 Speaker 2: by Parliament didn't allow them to adopt an unreasonable interpretation. 370 00:26:20,733 --> 00:26:23,973 Speaker 2: But the Chief Justice in the three Strikes case, Fitzgerald 371 00:26:24,013 --> 00:26:27,653 Speaker 2: in twenty twenty one, was quite splicit and casting off 372 00:26:28,173 --> 00:26:32,533 Speaker 2: those shackles and saying the word reasonable didn't exist when 373 00:26:32,573 --> 00:26:36,213 Speaker 2: they were looking at laws that conflicted with rights protected 374 00:26:36,213 --> 00:26:38,493 Speaker 2: by the Bill of Rights, and that they could that 375 00:26:38,573 --> 00:26:42,093 Speaker 2: they weren't constrained by a reasonable interpretation. It follows from 376 00:26:42,093 --> 00:26:45,213 Speaker 2: that that they were willing to adopt an unreasonable interpretation 377 00:26:45,293 --> 00:26:49,893 Speaker 2: which could never have been Parliament's intent. So they became 378 00:26:50,453 --> 00:26:56,333 Speaker 2: they've become increasingly unconstrained in relation to the interpretation of legislation. 379 00:26:56,813 --> 00:26:57,653 Speaker 3: Becawed. 380 00:26:58,973 --> 00:27:01,973 Speaker 2: No, but they've given themselves license, that's what I mean. 381 00:27:02,053 --> 00:27:05,853 Speaker 3: They've been allowed to make up their own rules. 382 00:27:06,893 --> 00:27:10,333 Speaker 2: That's right. And another one of the recommendations and the 383 00:27:10,373 --> 00:27:14,853 Speaker 2: report is that Parliament may clear ed its guidelines on 384 00:27:14,933 --> 00:27:19,093 Speaker 2: how the court's approach to interpreting statutes. Again, to titan 385 00:27:19,893 --> 00:27:23,333 Speaker 2: up the guidelines to make it clear or not guidelines, 386 00:27:23,333 --> 00:27:27,133 Speaker 2: they're rules, to make it clear that they can't adopt 387 00:27:27,213 --> 00:27:32,813 Speaker 2: meanings of legislation that's inconsistent with Parliament's intent, or interpretations 388 00:27:32,853 --> 00:27:39,253 Speaker 2: that are unreasonable. So the report recommends changes to the 389 00:27:39,373 --> 00:27:45,933 Speaker 2: rules Parliament sets for the courts when interpreting legislation. Of course, 390 00:27:46,133 --> 00:27:51,853 Speaker 2: Parliament is supreme and so it can overturn and if necessary, 391 00:27:51,893 --> 00:27:55,893 Speaker 2: pass legislation clarifying its intent, but it shouldn't have to 392 00:27:55,933 --> 00:27:59,413 Speaker 2: do that. Sometimes Parliament can be careless with the words 393 00:27:59,413 --> 00:28:01,893 Speaker 2: it used, and sometimes they do need to be fine tuned, 394 00:28:02,493 --> 00:28:06,453 Speaker 2: but they shouldn't be facing a court that is insisting 395 00:28:06,613 --> 00:28:10,893 Speaker 2: on a meaning that is different from what Parliament clearly intended, 396 00:28:11,453 --> 00:28:14,253 Speaker 2: and that's what we saw in the Fitzgerald Fitzgerald case. 397 00:28:15,293 --> 00:28:18,133 Speaker 2: So I've dwelt a little bit on the legislation side 398 00:28:18,173 --> 00:28:21,213 Speaker 2: of things. Shall we come to the common law side now? Yes? 399 00:28:22,773 --> 00:28:26,173 Speaker 2: And perhaps the best place to start as a description 400 00:28:26,533 --> 00:28:30,693 Speaker 2: for your listeners of what the common law is, because 401 00:28:31,093 --> 00:28:34,693 Speaker 2: it is judge made law. Our law is very largely 402 00:28:34,733 --> 00:28:39,173 Speaker 2: made up of statutes passed by Parliament, but there's a 403 00:28:39,213 --> 00:28:43,213 Speaker 2: body of common law that we inherited from England in 404 00:28:43,253 --> 00:28:47,773 Speaker 2: eighteen fifty two when the English Laws Act was passed, 405 00:28:48,613 --> 00:28:52,533 Speaker 2: and these are the sets of laws, many of which 406 00:28:52,533 --> 00:28:55,613 Speaker 2: have been codified subsequently in statute, but these are the 407 00:28:55,693 --> 00:28:58,653 Speaker 2: laws that were created by the courts over many centuries, 408 00:28:59,093 --> 00:29:03,093 Speaker 2: for example, determining what sorts of promises are enforceable in 409 00:29:03,133 --> 00:29:08,973 Speaker 2: the courts as contracts. The taughts or civil wrongs like 410 00:29:09,093 --> 00:29:14,013 Speaker 2: negligence and slander and trespass all are originally part of 411 00:29:14,013 --> 00:29:20,453 Speaker 2: the common law, equitable notions of trust. So there's a 412 00:29:20,453 --> 00:29:24,013 Speaker 2: whole body of law that is judge made, that's the 413 00:29:24,013 --> 00:29:27,893 Speaker 2: common law, and from that body of law you can 414 00:29:27,973 --> 00:29:33,573 Speaker 2: draw principles and the courts on a conventional or traditional 415 00:29:33,653 --> 00:29:37,013 Speaker 2: orthodox approach to common law method will fill the gaps 416 00:29:37,053 --> 00:29:41,213 Speaker 2: in it to deal with new circumstances, drawing on those principles, 417 00:29:42,213 --> 00:29:45,413 Speaker 2: or make corrections when it's clear that courts in the 418 00:29:45,453 --> 00:29:48,613 Speaker 2: past have earred and they've taken an approach in one 419 00:29:48,693 --> 00:29:51,173 Speaker 2: part of the common law that's clearly inconsistent with the 420 00:29:51,173 --> 00:29:53,653 Speaker 2: body of the common law, and so they'll iron out 421 00:29:53,733 --> 00:29:58,453 Speaker 2: any wrinkles. So that's the traditional common law method. What 422 00:29:58,613 --> 00:30:03,333 Speaker 2: our Supreme Court has said repeatedly in cases and in 423 00:30:04,253 --> 00:30:08,933 Speaker 2: it's the judge's extrajudicial writings and lectures and speeches, is 424 00:30:08,973 --> 00:30:14,773 Speaker 2: that their approach involves reshaping established legal principles to match 425 00:30:14,933 --> 00:30:18,973 Speaker 2: judge's views of today's social values. So rather than taking 426 00:30:19,013 --> 00:30:22,093 Speaker 2: the common law and filling gaps in it or ironing 427 00:30:22,133 --> 00:30:28,333 Speaker 2: out wrinkles, they are willing to change its fundamental values 428 00:30:28,373 --> 00:30:30,933 Speaker 2: and take it on a journey by developing it having 429 00:30:31,013 --> 00:30:34,093 Speaker 2: regard to their views of social values. Now that's an 430 00:30:34,293 --> 00:30:41,133 Speaker 2: unquestionably radical approach, and it's inconsistent with the rule of 431 00:30:41,213 --> 00:30:43,813 Speaker 2: law because it throws the law into a state of chaos. 432 00:30:45,013 --> 00:30:50,253 Speaker 2: We've seen that with the Elis decision and the quagma. 433 00:30:50,373 --> 00:30:52,933 Speaker 2: They've left that they've left us in relation to the 434 00:30:53,013 --> 00:30:59,013 Speaker 2: role of Teacungor and the law. So your question, if 435 00:30:59,053 --> 00:31:03,133 Speaker 2: I track back, was that they're taking the same approach 436 00:31:03,173 --> 00:31:06,013 Speaker 2: in relation to the common Law as in relation to 437 00:31:06,533 --> 00:31:12,133 Speaker 2: this statutes, a disruptive and radical approach. So it's the 438 00:31:12,173 --> 00:31:15,973 Speaker 2: same in that sense, and it's the same in the 439 00:31:16,053 --> 00:31:18,853 Speaker 2: sense that it undermines the rule of law because it 440 00:31:18,933 --> 00:31:26,333 Speaker 2: creates uncertainty and unpredictability. It also undermines the sovereignty of Parliament, 441 00:31:26,653 --> 00:31:32,053 Speaker 2: quite directly in the case when the Court ignores Parliament's 442 00:31:32,053 --> 00:31:35,533 Speaker 2: intended meaning, but also in relation to the common Law, 443 00:31:35,533 --> 00:31:40,333 Speaker 2: where it's making big social policy decisions which are properly 444 00:31:40,493 --> 00:31:43,293 Speaker 2: the role for our elected representatives. 445 00:31:43,973 --> 00:31:45,893 Speaker 3: Would you put this down to arrogance. 446 00:31:47,253 --> 00:31:53,813 Speaker 2: I think there is a degree of disdain in some 447 00:31:54,133 --> 00:32:00,053 Speaker 2: parts of our legal elites for the democratic process, and 448 00:32:00,133 --> 00:32:03,853 Speaker 2: I think there is a degree of hubris involved in 449 00:32:03,853 --> 00:32:08,053 Speaker 2: the court's approach that they know better. Perhaps I'm just 450 00:32:08,133 --> 00:32:10,493 Speaker 2: using synonyms for the word you used. 451 00:32:11,573 --> 00:32:15,653 Speaker 3: One way or the other. Some of them apply. Yeah, okay, 452 00:32:16,813 --> 00:32:19,213 Speaker 3: So with the common law, how is that? How is 453 00:32:19,253 --> 00:32:20,373 Speaker 3: that to be rectified? 454 00:32:22,213 --> 00:32:26,293 Speaker 2: There are a few things Parliament can do, one of 455 00:32:26,333 --> 00:32:33,613 Speaker 2: which is to give more guardrails. When the Supreme Court 456 00:32:33,733 --> 00:32:37,933 Speaker 2: was created in two thousand and three, the Act of 457 00:32:38,013 --> 00:32:42,973 Speaker 2: Parliament affirmed New Zealand's ongoing commitment to the sovereignty of 458 00:32:43,013 --> 00:32:46,893 Speaker 2: Parliament and to the rule of law. And the rule 459 00:32:46,933 --> 00:32:52,093 Speaker 2: of law traditionally has been regarded as the formal elements 460 00:32:52,533 --> 00:33:00,493 Speaker 2: of laws, so clearly accessible, impartially applied, easily understood, predictable, 461 00:33:00,653 --> 00:33:05,013 Speaker 2: consistently applied and so forth. Yes, so the formal aspects 462 00:33:05,293 --> 00:33:09,293 Speaker 2: of laws, not their substantive content stand of contents up 463 00:33:09,293 --> 00:33:14,973 Speaker 2: to Parliament. It's become increasingly fashionable over the last so 464 00:33:15,133 --> 00:33:20,653 Speaker 2: since the middle of the twentieth century to argue for 465 00:33:20,853 --> 00:33:24,213 Speaker 2: a thicker or a more substantive version of the rule 466 00:33:24,253 --> 00:33:27,533 Speaker 2: of law. So the rule of law then connotes ideas 467 00:33:27,533 --> 00:33:34,573 Speaker 2: of social justice and economic entitlements or rights. And at 468 00:33:34,653 --> 00:33:37,573 Speaker 2: least one member of the Supreme Court adheres to what's 469 00:33:37,653 --> 00:33:40,973 Speaker 2: called the thick version of the rule of law compared 470 00:33:40,973 --> 00:33:44,053 Speaker 2: with a thin formal version of the rule of law. 471 00:33:44,973 --> 00:33:48,013 Speaker 2: And it's unhelpful that the term the rule of law 472 00:33:48,213 --> 00:33:52,333 Speaker 2: is undefined in what's now the Senior Courts Act. And 473 00:33:52,373 --> 00:33:58,533 Speaker 2: so against the risk that the courts embark on a 474 00:33:58,733 --> 00:34:02,733 Speaker 2: journey of developing the common law in the name of 475 00:34:04,173 --> 00:34:07,293 Speaker 2: a thick version of the rule of law that requires 476 00:34:07,333 --> 00:34:14,533 Speaker 2: social justice and addressing disadvantage and so forth, all matters 477 00:34:14,573 --> 00:34:16,853 Speaker 2: which most of us will think were properly for our parliament. 478 00:34:18,253 --> 00:34:22,733 Speaker 2: The report recommends that Parliament legislate the meaning of the 479 00:34:22,813 --> 00:34:25,893 Speaker 2: rule of law and specify that it just means the 480 00:34:25,933 --> 00:34:29,293 Speaker 2: thin components, the formal aspects of the law, so that 481 00:34:29,373 --> 00:34:34,693 Speaker 2: the courts can't go on this reforming crusade in the 482 00:34:34,773 --> 00:34:37,213 Speaker 2: name of the rule of law. So that's one thing. 483 00:34:38,533 --> 00:34:47,053 Speaker 2: Greater attention to greater attention to who's appointed as superior 484 00:34:47,053 --> 00:34:49,213 Speaker 2: court judges and the Court of Appeal in the Supreme 485 00:34:49,253 --> 00:34:53,173 Speaker 2: Court is another. And then a third is for Parliament 486 00:34:53,173 --> 00:34:56,733 Speaker 2: to exercise its legislative power when it thinks that the 487 00:34:56,773 --> 00:35:00,773 Speaker 2: courts have taken the common law off in the wrong direction. 488 00:35:02,533 --> 00:35:06,813 Speaker 2: Parliament shouldn't hesitate to pass law to put it back 489 00:35:06,853 --> 00:35:11,373 Speaker 2: on track. That is Parliament's prerogative, and it shouldn't hesitate 490 00:35:11,453 --> 00:35:11,933 Speaker 2: to use. 491 00:35:11,813 --> 00:35:14,133 Speaker 3: It if it can. 492 00:35:16,013 --> 00:35:18,973 Speaker 2: Well, no, well, it absolutely well if it can. In 493 00:35:19,013 --> 00:35:22,573 Speaker 2: the sense of whether it's that there's a political majority 494 00:35:22,173 --> 00:35:29,893 Speaker 2: for law change, yes, but we've got a our unicameral 495 00:35:30,133 --> 00:35:35,013 Speaker 2: system of parliament means that we often don't get bog 496 00:35:35,133 --> 00:35:40,013 Speaker 2: too bog down within passes. M MP of course changes that, 497 00:35:41,093 --> 00:35:45,573 Speaker 2: and perhaps it requires the passage of time, a change 498 00:35:45,573 --> 00:35:47,773 Speaker 2: of government, whether it's the left or the right, to 499 00:35:47,813 --> 00:35:52,493 Speaker 2: put things straight. But Parliament shouldn't hesitate to use its 500 00:35:52,733 --> 00:35:57,573 Speaker 2: power as the supreme law maker to ensure that the 501 00:35:57,653 --> 00:36:00,653 Speaker 2: law stays on track. 502 00:36:00,933 --> 00:36:04,733 Speaker 3: What do then deal with an issue that is not 503 00:36:04,853 --> 00:36:09,293 Speaker 3: in the in the report, but to me it's a 504 00:36:09,373 --> 00:36:13,853 Speaker 3: very important one, and that is law legal education, in 505 00:36:13,893 --> 00:36:16,613 Speaker 3: other words, the law schools in this country and whether 506 00:36:16,693 --> 00:36:20,733 Speaker 3: or not they're doing an appropriate job. And I would 507 00:36:20,893 --> 00:36:23,973 Speaker 3: I would question, for instance, whether maybe the maybe the 508 00:36:24,053 --> 00:36:28,573 Speaker 3: time gap is too close, but whether the turnouts from 509 00:36:28,733 --> 00:36:34,133 Speaker 3: law schools are not not influencing the law as it is, 510 00:36:34,173 --> 00:36:38,453 Speaker 3: the common law, in particular because they want they want 511 00:36:38,533 --> 00:36:39,373 Speaker 3: social adjustment. 512 00:36:40,493 --> 00:36:47,213 Speaker 2: Well, our university's studies show, certainly international studies show overwhelmingly 513 00:36:47,853 --> 00:36:52,293 Speaker 2: progressive or liberal left leaning. I think that's probably true 514 00:36:52,413 --> 00:36:56,493 Speaker 2: of law schools here as well as overseas. 515 00:36:56,653 --> 00:36:59,093 Speaker 3: Can we can we can we can we accept that 516 00:36:59,813 --> 00:37:03,173 Speaker 3: left leaning means anti democratic. 517 00:37:04,173 --> 00:37:08,253 Speaker 2: I know, not necessarily, but it can not necessarily. I 518 00:37:08,533 --> 00:37:10,653 Speaker 2: think on the left and the right you've got anti 519 00:37:10,693 --> 00:37:18,493 Speaker 2: democratic tendencies. But I think the I think generally the 520 00:37:19,973 --> 00:37:25,973 Speaker 2: political mix of academics, especially in the social sciences, is 521 00:37:27,173 --> 00:37:30,933 Speaker 2: dangerously skewed. So I think that that that's a separate issue, 522 00:37:30,933 --> 00:37:35,333 Speaker 2: and we're we're we're seeing aspects of that in debates 523 00:37:35,373 --> 00:37:39,773 Speaker 2: currently over freedom of speech and academic freedom. And I'm 524 00:37:39,813 --> 00:37:44,133 Speaker 2: sure that has an influence on the product from law 525 00:37:44,173 --> 00:37:51,773 Speaker 2: schools in the sense of the the legal methods law 526 00:37:51,813 --> 00:37:55,253 Speaker 2: students are being imbued with being quite different than perhaps 527 00:37:55,253 --> 00:38:00,093 Speaker 2: it was even twenty years ago. So I think that's 528 00:38:00,253 --> 00:38:03,733 Speaker 2: I think that's that an issue. It just means those 529 00:38:03,813 --> 00:38:07,493 Speaker 2: with differing views need to have the courage to debate. 530 00:38:09,333 --> 00:38:13,173 Speaker 2: And that's that's perhaps another issue, and an even broader 531 00:38:13,213 --> 00:38:17,893 Speaker 2: issue affecting our country, and that is a combination of 532 00:38:17,933 --> 00:38:21,493 Speaker 2: the tall poppy syndrome and the small size of the 533 00:38:21,533 --> 00:38:25,613 Speaker 2: country often leads to people not standing up and challenging, 534 00:38:26,093 --> 00:38:27,573 Speaker 2: and we need to see much more of that. 535 00:38:27,933 --> 00:38:29,893 Speaker 3: I thought you were going to say freedom of speech. 536 00:38:30,773 --> 00:38:33,933 Speaker 2: Yes, well, there's the freedom of speech issue, but there's 537 00:38:33,973 --> 00:38:38,893 Speaker 2: an important job for those to do with the contrarians 538 00:38:38,933 --> 00:38:43,933 Speaker 2: to speak out and I think generally not enough contrarians 539 00:38:43,973 --> 00:38:47,933 Speaker 2: speak out here. It is quite distinctively different in New Zealand, 540 00:38:48,013 --> 00:38:52,813 Speaker 2: even from Australia. Yes, in the business environment which I'm 541 00:38:52,853 --> 00:38:57,493 Speaker 2: most familiar with, Australian business leaders are much more outspoken. 542 00:38:57,693 --> 00:39:00,173 Speaker 2: But I think that's just true of New Zealand society. 543 00:39:01,293 --> 00:39:05,533 Speaker 2: A difference between New Zealand and Australian society generally. But 544 00:39:05,813 --> 00:39:10,413 Speaker 2: debate is healthy and we must have contrarians. I know 545 00:39:10,493 --> 00:39:16,373 Speaker 2: you've interviewed one legal contrarian, Jim Allen. I enjoyed that discussion. 546 00:39:16,613 --> 00:39:18,173 Speaker 3: Yes, and you'll. 547 00:39:18,013 --> 00:39:20,493 Speaker 2: See I quote, I quote, I quote Jim and you 548 00:39:20,573 --> 00:39:23,333 Speaker 2: did in the introduction, in the introduction to the report. 549 00:39:23,533 --> 00:39:27,213 Speaker 3: Yes, he's he is. Here's a how can I put it? 550 00:39:27,333 --> 00:39:29,493 Speaker 3: He's a brilliant opinionist. 551 00:39:29,973 --> 00:39:35,013 Speaker 2: He is, indeed, and but he but he not and 552 00:39:35,093 --> 00:39:37,813 Speaker 2: not at all cautious with the opinions the expresses, which 553 00:39:37,893 --> 00:39:38,733 Speaker 2: is refreshing. 554 00:39:38,973 --> 00:39:42,453 Speaker 3: Absolutely so. I think that he and I may mention 555 00:39:42,573 --> 00:39:47,413 Speaker 3: of a Targo law school in our in our conversation, 556 00:39:48,133 --> 00:39:50,573 Speaker 3: but there is that is a law school for instance, 557 00:39:50,613 --> 00:39:53,693 Speaker 3: that at this point of time, I wouldn't I wouldn't 558 00:39:53,733 --> 00:39:57,933 Speaker 3: send my child, my son, Albeit that he went there 559 00:39:58,693 --> 00:40:04,373 Speaker 3: but got but escaped before the current spate of approaches 560 00:40:04,373 --> 00:40:05,773 Speaker 3: and attitudes set in. 561 00:40:06,973 --> 00:40:10,413 Speaker 2: Yes, well, I think we're seeing a dangerous politicization of 562 00:40:10,453 --> 00:40:16,373 Speaker 2: our universities and the pendulum hasn't yet started to swing back. 563 00:40:16,973 --> 00:40:22,493 Speaker 2: It must do. Universities should be politically neutral institutions, and 564 00:40:22,573 --> 00:40:22,853 Speaker 2: they're not. 565 00:40:24,373 --> 00:40:27,653 Speaker 3: They just jumped to politics for a moment. This is 566 00:40:28,133 --> 00:40:32,733 Speaker 3: a sidebar question, I suppose, But our Prime Minister has 567 00:40:33,533 --> 00:40:37,533 Speaker 3: in the last few days been been guarded with some 568 00:40:39,173 --> 00:40:47,533 Speaker 3: rather complementary opinions from across the Tasman from journalists, particularly 569 00:40:47,573 --> 00:40:52,813 Speaker 3: from the Australian journalists, and suggesting that New Zealand is 570 00:40:53,133 --> 00:40:57,493 Speaker 3: finally back on track and heading in the right direction successfully. 571 00:40:57,973 --> 00:41:01,853 Speaker 3: So the question I have is do you think that 572 00:41:01,893 --> 00:41:06,653 Speaker 3: our Prime minister has the capacity to approach these social 573 00:41:06,693 --> 00:41:11,613 Speaker 3: issues in the country in the with the appropriate attitude 574 00:41:11,773 --> 00:41:17,173 Speaker 3: to you and I are discussing, Yes. 575 00:41:19,213 --> 00:41:21,413 Speaker 2: I'm going to I'm going to give a qualified years 576 00:41:21,493 --> 00:41:24,973 Speaker 2: only because the task in front front of the government 577 00:41:25,013 --> 00:41:28,253 Speaker 2: is an enormous one. But I think they have This 578 00:41:28,373 --> 00:41:33,453 Speaker 2: is almost an entirely different conversation. The political challenges facing 579 00:41:33,453 --> 00:41:38,893 Speaker 2: the country, political and economic and social, and they're they're vast, 580 00:41:41,133 --> 00:41:43,413 Speaker 2: But I think we have a government with a very 581 00:41:43,493 --> 00:41:51,773 Speaker 2: ambitious reform agenda on education, housing, transport, infrastructure policy, a 582 00:41:51,893 --> 00:41:55,773 Speaker 2: range of issues that are critical and health to an extent. 583 00:41:56,293 --> 00:41:58,453 Speaker 2: A health system needs much more of a shakeup than 584 00:41:58,493 --> 00:42:01,173 Speaker 2: it's going to be given this, but you can understand 585 00:42:01,213 --> 00:42:06,573 Speaker 2: the reluctance to shake up an organization that's reeling already. 586 00:42:09,773 --> 00:42:15,453 Speaker 2: Those range of reforms in housing, education, and improvements to 587 00:42:15,493 --> 00:42:17,413 Speaker 2: the health system are all critical to the good life 588 00:42:17,453 --> 00:42:21,133 Speaker 2: in New Zealand. And I think there's an ambitious reform 589 00:42:21,133 --> 00:42:26,013 Speaker 2: agenda that the government set itself. A lot of it 590 00:42:26,093 --> 00:42:29,733 Speaker 2: builds on research and recommendations made by the Initiative over 591 00:42:29,773 --> 00:42:33,933 Speaker 2: the last decade. And I can see why in Australia 592 00:42:34,013 --> 00:42:39,573 Speaker 2: they look favorably towards the New Zealand the current coalition 593 00:42:39,653 --> 00:42:44,053 Speaker 2: government because of the ambition of its reform agenda. Australia 594 00:42:44,093 --> 00:42:47,333 Speaker 2: is the lucky country. It's much more prosperous than New Zealand, 595 00:42:47,653 --> 00:42:52,333 Speaker 2: but it's track record of political reform over the last 596 00:42:52,413 --> 00:42:57,293 Speaker 2: twenty years is dire. So yes are qualified, Yes, Okay. 597 00:42:58,373 --> 00:43:02,493 Speaker 3: I then am inspired to repeat to you something that 598 00:43:02,853 --> 00:43:07,013 Speaker 3: an Australian commentator said to me yesterday and this was 599 00:43:07,133 --> 00:43:12,453 Speaker 3: just in conversation, not for broadcast, but it will be 600 00:43:12,613 --> 00:43:18,373 Speaker 3: in the near future. Was that Australia is in very 601 00:43:18,613 --> 00:43:22,853 Speaker 3: deep trouble. And this is a guy who who is 602 00:43:23,293 --> 00:43:27,093 Speaker 3: very good at shall we say appropriate and you'll say 603 00:43:27,173 --> 00:43:28,293 Speaker 3: balanced comment. 604 00:43:29,133 --> 00:43:33,253 Speaker 2: Yes, Well, if Australia is in very deep trouble, then 605 00:43:33,293 --> 00:43:39,693 Speaker 2: we're in deeper trouble. Our housing is at least as unaffordable. 606 00:43:40,253 --> 00:43:45,613 Speaker 2: Our government's books are in much dire shape. We have 607 00:43:46,653 --> 00:43:52,213 Speaker 2: deep social divisions. Our health system is teetering on the 608 00:43:52,253 --> 00:43:56,613 Speaker 2: brink of collapse. Our educational standards have been slipping for 609 00:43:56,653 --> 00:44:00,653 Speaker 2: twenty years and haven't yet turned the corner. But there 610 00:44:00,653 --> 00:44:04,253 Speaker 2: are promising signs where the government's reform agenda. So I 611 00:44:05,573 --> 00:44:10,373 Speaker 2: think Australia's got its challenges, but I think we are 612 00:44:10,533 --> 00:44:13,093 Speaker 2: further down the precipice cloring our way up. 613 00:44:13,853 --> 00:44:18,253 Speaker 3: Then they are, well, maybe they're catching up. They made 614 00:44:18,373 --> 00:44:20,933 Speaker 3: his comment to be honest, His comment was basically to 615 00:44:20,973 --> 00:44:25,413 Speaker 3: do with the government of the day and specifically the 616 00:44:27,013 --> 00:44:29,933 Speaker 3: race scenario as it exists at the moment. 617 00:44:31,373 --> 00:44:36,813 Speaker 2: Yes, well, that they are dangerous issues creating expectations that 618 00:44:36,933 --> 00:44:41,333 Speaker 2: can't be fulfilled in liberal democracy is a is a 619 00:44:41,373 --> 00:44:46,293 Speaker 2: slippery slope and and they're going down the same track 620 00:44:46,373 --> 00:44:49,413 Speaker 2: as the second term of the Durn government. A better 621 00:44:49,453 --> 00:44:54,253 Speaker 2: approach is to focus on lifting up. So focus on 622 00:44:54,373 --> 00:45:02,413 Speaker 2: the social policy problems, unequal education outcomes, poor health outcomes, 623 00:45:02,773 --> 00:45:07,933 Speaker 2: housing outcomes. That's the solution to lifting the disadvantaged up. 624 00:45:08,893 --> 00:45:12,053 Speaker 2: Is there anything that is It's almost entirely been the 625 00:45:12,053 --> 00:45:14,333 Speaker 2: work of the New Zealand Initiative over the last decade. 626 00:45:14,333 --> 00:45:18,813 Speaker 3: Also, is there any particular reason why you haven't entered politics. 627 00:45:22,373 --> 00:45:26,173 Speaker 2: I may have left my run too late. In doesn't 628 00:45:26,213 --> 00:45:29,613 Speaker 2: sound a long time. It doesn't sound like spending a 629 00:45:29,613 --> 00:45:34,413 Speaker 2: long time in the law. And then I've I've found 630 00:45:34,413 --> 00:45:39,453 Speaker 2: my niche role as a critic, and not just not 631 00:45:39,533 --> 00:45:43,293 Speaker 2: just as a as a providing criticism, but also in 632 00:45:43,333 --> 00:45:49,533 Speaker 2: an organization that is coming up with ideas. Best decision 633 00:45:49,573 --> 00:45:52,613 Speaker 2: I ever made was to was to recruit our executive director, 634 00:45:52,693 --> 00:45:56,053 Speaker 2: Oliver Hartwitch and and he's built a great team of 635 00:45:56,093 --> 00:46:03,013 Speaker 2: the initiatives. So it's it's New Zealand lacks diversity of 636 00:46:03,053 --> 00:46:08,173 Speaker 2: thought and an organization like the One Eyed Chair is 637 00:46:08,173 --> 00:46:12,013 Speaker 2: is able to challenge the status quo. We're lucky to 638 00:46:12,053 --> 00:46:14,893 Speaker 2: have the independence to be able to speak out and 639 00:46:15,253 --> 00:46:19,013 Speaker 2: then to come up with ideas that may not be 640 00:46:19,013 --> 00:46:21,213 Speaker 2: coming out of either our universities or out of our 641 00:46:21,773 --> 00:46:22,933 Speaker 2: bureaucracy in Wellington. 642 00:46:23,213 --> 00:46:26,093 Speaker 3: And it's a shame that it has to be that way. 643 00:46:27,533 --> 00:46:30,293 Speaker 3: As in with reference to the universities, et cetera. 644 00:46:31,773 --> 00:46:36,973 Speaker 2: It is it is, but we can only hope for 645 00:46:37,053 --> 00:46:40,013 Speaker 2: the pendulum to swing back. It can't happen soon enough. 646 00:46:40,693 --> 00:46:46,453 Speaker 3: So in conclusion, or headed toward the exit door, shall we? 647 00:46:46,733 --> 00:46:51,453 Speaker 3: Shall we just recap on chapter three? How should Parliament 648 00:46:51,893 --> 00:46:53,573 Speaker 3: all the executive respond? 649 00:46:55,493 --> 00:47:01,813 Speaker 2: Yes, So five recommendations. The first is the most blunt one, 650 00:47:01,813 --> 00:47:07,333 Speaker 2: which is legislative intervention. When the court errs, Parliament should 651 00:47:07,333 --> 00:47:12,253 Speaker 2: step in and correct the course. And we're seeing that 652 00:47:12,733 --> 00:47:16,733 Speaker 2: currently with the Coalition government in relation to the Marine 653 00:47:16,773 --> 00:47:20,733 Speaker 2: and Coastal Areas Act, the Coalition commitment between National and 654 00:47:20,773 --> 00:47:25,893 Speaker 2: New Zealand. First, when Parliament used the words exclusive and 655 00:47:26,013 --> 00:47:30,693 Speaker 2: continuous in the legislation, the courts decided it could be 656 00:47:30,733 --> 00:47:34,213 Speaker 2: shared exclusive and didn't need to be continuous. Well, it's 657 00:47:34,253 --> 00:47:37,693 Speaker 2: no surprise that Parliament's now saying, well, we're going to 658 00:47:37,733 --> 00:47:41,973 Speaker 2: make clear that the courts enforce the law as we 659 00:47:42,053 --> 00:47:47,013 Speaker 2: intended it but that's something that Labor did as well 660 00:47:48,013 --> 00:47:51,213 Speaker 2: in twenty sixteen in a case called d in the Police, 661 00:47:51,253 --> 00:47:57,013 Speaker 2: when the courts clearly didn't follow what was in Labor 662 00:47:57,013 --> 00:48:02,453 Speaker 2: intended with the Sex Offenders Registration Act, they jumped in 663 00:48:02,613 --> 00:48:06,413 Speaker 2: immediately and passed legislation under urgency to overrule what the 664 00:48:06,413 --> 00:48:10,693 Speaker 2: court had found. I think on both sides of the 665 00:48:10,973 --> 00:48:15,813 Speaker 2: of the political divide, governments have struggled with the Supreme Court. 666 00:48:16,253 --> 00:48:20,173 Speaker 2: They should intervene, and they should intervene more frequently than 667 00:48:20,213 --> 00:48:24,573 Speaker 2: they do to to correct the course of the law. 668 00:48:25,333 --> 00:48:29,453 Speaker 2: So that's the first thing. Legislative intervention. It's been used 669 00:48:29,493 --> 00:48:33,133 Speaker 2: really in the past, but courts in the past haven't 670 00:48:33,173 --> 00:48:39,533 Speaker 2: been so consciously radicals as the Supreme Courts being now, 671 00:48:39,533 --> 00:48:42,733 Speaker 2: and it can expect to be corrected more frequently. So 672 00:48:42,813 --> 00:48:46,773 Speaker 2: that's the first thing. The second thing is defining the 673 00:48:46,813 --> 00:48:49,053 Speaker 2: rule of law so that it's not seen by the 674 00:48:49,093 --> 00:48:51,333 Speaker 2: courts as a license to go off on a social 675 00:48:51,453 --> 00:48:57,373 Speaker 2: justice crusade. The third thing are tightening up the legisla 676 00:48:57,373 --> 00:49:01,013 Speaker 2: that the instructions from Parliament of the approach the courts 677 00:49:01,013 --> 00:49:04,653 Speaker 2: that are take in relation to interpreting its Parliament's words. 678 00:49:05,453 --> 00:49:08,013 Speaker 2: So making clear that we don't have this living constitution 679 00:49:08,053 --> 00:49:11,333 Speaker 2: idea that the courts can update the meaning of legislation 680 00:49:11,413 --> 00:49:15,533 Speaker 2: based on their sense of changing social values. And also 681 00:49:15,613 --> 00:49:18,093 Speaker 2: tweaking Section six of the Bill of Rights Act, which 682 00:49:18,093 --> 00:49:22,133 Speaker 2: is particularly problematic now. Section we haven't talked about the 683 00:49:22,333 --> 00:49:26,413 Speaker 2: Bill of Rights Act, but Section six provides that wherever 684 00:49:26,573 --> 00:49:29,293 Speaker 2: an enactment can be given a meaning that is that 685 00:49:29,413 --> 00:49:31,813 Speaker 2: is consistent with the rights and freedoms contained and the 686 00:49:31,853 --> 00:49:34,253 Speaker 2: Bill of Rights, that meaning shall be preferred to any other. 687 00:49:35,373 --> 00:49:39,653 Speaker 2: Until the Fitzgerald case, the Supreme Court had said it 688 00:49:39,693 --> 00:49:43,093 Speaker 2: had to be a reasonable interpretation the Supreme Court and 689 00:49:43,133 --> 00:49:46,253 Speaker 2: Fitzgerald said, well, we don't see the word reasonable in there. 690 00:49:46,773 --> 00:49:49,413 Speaker 2: The corollery of that is that they're willing to adopt 691 00:49:49,413 --> 00:49:52,733 Speaker 2: an unreasonable interpretation. That's certainly not what Parliament meant in 692 00:49:52,853 --> 00:49:56,493 Speaker 2: Parliament should make that clear, either by removing Section six 693 00:49:56,613 --> 00:50:04,853 Speaker 2: or tweaking it, and then finally tightening up judicial appointment processes. 694 00:50:04,893 --> 00:50:09,973 Speaker 3: And that's obvious just talking the Bill of Rights. Jim 695 00:50:10,013 --> 00:50:11,293 Speaker 3: Allen's not in favor of it. 696 00:50:13,053 --> 00:50:21,933 Speaker 2: No, and I've got mixed views on it too. The 697 00:50:22,013 --> 00:50:26,893 Speaker 2: risk is it encourages our courts down the path of 698 00:50:26,933 --> 00:50:30,933 Speaker 2: the US Supreme Court. I think the better process is 699 00:50:31,493 --> 00:50:33,933 Speaker 2: the Section seven process and the Bill of Rights, which 700 00:50:35,133 --> 00:50:41,213 Speaker 2: ensures that the Attorney General, as the highest lawyer other 701 00:50:41,253 --> 00:50:45,573 Speaker 2: than judges, reviews legislation and gives independent advice from Crown 702 00:50:45,653 --> 00:50:51,053 Speaker 2: Law on whether any legislation before the House infringes the 703 00:50:51,093 --> 00:50:53,053 Speaker 2: Bill of Rights. So the Parliament at least is aware 704 00:50:53,133 --> 00:50:57,173 Speaker 2: of that. But the risk of the risk of Bills 705 00:50:57,213 --> 00:51:01,053 Speaker 2: of Rights and constitutions is that they're a license to 706 00:51:01,133 --> 00:51:04,973 Speaker 2: the courts to enter the political fray, and that's what 707 00:51:05,013 --> 00:51:08,053 Speaker 2: we've seen all around the world, with the US Supreme 708 00:51:08,093 --> 00:51:12,093 Speaker 2: Court ending with a Canadian Supreme Court as well. 709 00:51:12,373 --> 00:51:15,893 Speaker 3: So in conclusion, I want to quote you two paragraphs 710 00:51:15,933 --> 00:51:19,213 Speaker 3: of your own work, because well it'll be obvious why. 711 00:51:19,453 --> 00:51:23,453 Speaker 3: The most notorious instance of the Supreme Court's circumventing Parliament's 712 00:51:23,453 --> 00:51:28,773 Speaker 3: wishes is the Court's three strikes decision in Fitzgerald, discussed 713 00:51:28,813 --> 00:51:31,293 Speaker 3: in more detail in Chapter three. In a split decision 714 00:51:31,373 --> 00:51:35,853 Speaker 3: three judges to two, the Supreme Court allowed mister Fitzgerald's appeal. 715 00:51:35,933 --> 00:51:40,893 Speaker 3: The judges in the majority effectively rewrote the three strikes 716 00:51:40,973 --> 00:51:45,773 Speaker 3: maximum sentence provision in the Sentencing Act of two thousand 717 00:51:45,813 --> 00:51:50,413 Speaker 3: and two. The Fitzgerald decision, you write, may be remembered 718 00:51:50,493 --> 00:51:53,853 Speaker 3: as the high watermark of judicial activism. It suggests that 719 00:51:53,933 --> 00:51:56,853 Speaker 3: not even clear wording is enough to override what the 720 00:51:56,853 --> 00:52:02,493 Speaker 3: Court regards as basic rights. Instead, it seems the Court 721 00:52:02,533 --> 00:52:06,653 Speaker 3: will insist on clear evidence that Parliament has deliberately confronted 722 00:52:06,693 --> 00:52:09,893 Speaker 3: the possibility of these base rights being set aside before 723 00:52:09,933 --> 00:52:13,893 Speaker 3: it will follow Parliament's words. And I've written under that 724 00:52:14,053 --> 00:52:16,093 Speaker 3: my notation is unbelievable. 725 00:52:17,613 --> 00:52:23,653 Speaker 2: What yes, yes, now what yeah? It's even more unbelievable 726 00:52:23,653 --> 00:52:28,173 Speaker 2: than that to have the Chief Justice saying an interpretation 727 00:52:28,293 --> 00:52:30,933 Speaker 2: the Court's adopted doesn't have to be a reasonable one. 728 00:52:31,413 --> 00:52:36,853 Speaker 2: That's the that's the most unbelievable part of the case. 729 00:52:37,373 --> 00:52:39,613 Speaker 3: Is the Chief Justice fit for purpose? 730 00:52:41,493 --> 00:52:43,293 Speaker 2: I don't want to comment on that. I think the 731 00:52:43,493 --> 00:52:47,453 Speaker 2: Chief the Chief Justice, well at least until this report 732 00:52:47,533 --> 00:52:53,053 Speaker 2: comes out, has been a close personal friend for for 733 00:52:53,893 --> 00:52:59,093 Speaker 2: more than forty years. But I think the Court erred 734 00:52:59,773 --> 00:53:02,253 Speaker 2: in that in that decision. 735 00:53:02,373 --> 00:53:05,173 Speaker 3: Okay, well, I wouldn't want to be responsible for the 736 00:53:05,173 --> 00:53:08,293 Speaker 3: bust up of a forty year friendship, so on that. 737 00:53:08,653 --> 00:53:11,173 Speaker 3: On that note, I can suggest a good a good 738 00:53:11,173 --> 00:53:14,373 Speaker 3: wine to share. Why do you discuss these things? 739 00:53:15,373 --> 00:53:15,693 Speaker 2: It is. 740 00:53:16,453 --> 00:53:20,093 Speaker 3: It's with great appreciation that I thank you for your time. 741 00:53:20,893 --> 00:53:22,533 Speaker 3: You've been generous with it. It's going to be a 742 00:53:22,533 --> 00:53:26,653 Speaker 3: busy day for you and I look forward to further 743 00:53:27,133 --> 00:53:31,013 Speaker 3: work from you in well along the same lines are 744 00:53:31,013 --> 00:53:34,853 Speaker 3: in a similar manner. Thank you later, much appreciated, and 745 00:53:35,173 --> 00:53:36,973 Speaker 3: I wish you the very best of luck with the. 746 00:53:37,213 --> 00:53:40,333 Speaker 2: With the results. Many thanks, and I've enjoyed the discussion. 747 00:54:02,813 --> 00:54:04,813 Speaker 3: Now missus producer will be here in just a moment 748 00:54:04,893 --> 00:54:07,973 Speaker 3: for the mail room for podcast number two hundred and sixty, 749 00:54:08,013 --> 00:54:11,013 Speaker 3: So why don't I entertain you with a short email 750 00:54:11,693 --> 00:54:17,253 Speaker 3: from Grant from a long time listener. You mentioned Cuddle's costa, or, 751 00:54:17,293 --> 00:54:21,453 Speaker 3: as he's known by his colleagues, the lantern in brackets, 752 00:54:21,533 --> 00:54:24,773 Speaker 3: not very bright and has to be carried close bracketts. 753 00:54:25,213 --> 00:54:28,613 Speaker 3: Remember he was handpicked and directed by a Deern. He 754 00:54:28,693 --> 00:54:33,653 Speaker 3: spent time with the heavily politicized British Police, learning their ways, 755 00:54:34,213 --> 00:54:36,253 Speaker 3: then returning to New Zealand to take up the role 756 00:54:36,493 --> 00:54:41,013 Speaker 3: of Commissioner. I was very surprised the new government retained him. 757 00:54:41,213 --> 00:54:43,013 Speaker 3: I think it was a big mistake by the police 758 00:54:43,013 --> 00:54:47,293 Speaker 3: minister who criticized Caster when in opposition. Grant I agree 759 00:54:47,333 --> 00:54:50,773 Speaker 3: with you pretty much in all one, two, three, four 760 00:54:50,813 --> 00:54:53,773 Speaker 3: lines That was following a comment I made. I don't 761 00:54:53,813 --> 00:54:55,893 Speaker 3: know how he held his job under the under the 762 00:54:55,893 --> 00:54:59,893 Speaker 3: new regime, but thank you for the feedback, missus producer 763 00:55:00,093 --> 00:55:04,613 Speaker 3: las Let's go. How are you better than I look? 764 00:55:06,573 --> 00:55:10,133 Speaker 4: No, you look great as usual, Leyton Steve says, as 765 00:55:10,213 --> 00:55:14,653 Speaker 4: always an interesting discussion with Patrick Basham, it was particularly 766 00:55:14,813 --> 00:55:17,973 Speaker 4: enlightening to hear his comments of how the mainstream media 767 00:55:18,013 --> 00:55:22,213 Speaker 4: in the USA has ignored or at least downplayed the 768 00:55:22,253 --> 00:55:26,733 Speaker 4: impact of Hurricane Helene on the Southeast States, probably to 769 00:55:26,813 --> 00:55:29,853 Speaker 4: avoid having to expose the ineptitude of the current Biden 770 00:55:30,013 --> 00:55:34,533 Speaker 4: Harris government disaster response. It reminds me of one of 771 00:55:34,533 --> 00:55:38,333 Speaker 4: Oscar Wilde's quips, which, when asked about the newspapers in America, 772 00:55:38,373 --> 00:55:41,453 Speaker 4: declared that they were full of rubbish, that if people 773 00:55:41,493 --> 00:55:44,133 Speaker 4: read them and are satisfied with them, then this must 774 00:55:44,133 --> 00:55:47,693 Speaker 4: be a nation of lunatics. Personally, I would say the 775 00:55:47,733 --> 00:55:51,253 Speaker 4: same from a New Zealand perspective. We all know that 776 00:55:51,293 --> 00:55:54,413 Speaker 4: liberals in America are no longer liberal. They've been replaced 777 00:55:54,453 --> 00:55:57,693 Speaker 4: by the left, the hard left at that. So it 778 00:55:57,773 --> 00:56:00,293 Speaker 4: seemed to me that America is on a knife edge. 779 00:56:00,733 --> 00:56:03,293 Speaker 4: If Trump wins, there could well be a civil war 780 00:56:03,333 --> 00:56:06,573 Speaker 4: because the left will go ballistic. If Harris and the 781 00:56:06,613 --> 00:56:09,653 Speaker 4: deep State, when I believe we will, will almost certainly 782 00:56:09,693 --> 00:56:13,333 Speaker 4: see a catastrophic war in Europe, if not the entire world, 783 00:56:14,133 --> 00:56:18,853 Speaker 4: because the aforementioned Deep State, all sorts of historical reasons, 784 00:56:19,533 --> 00:56:22,813 Speaker 4: is determined to deal to Russia once and for all. 785 00:56:23,413 --> 00:56:26,493 Speaker 4: Fingers crossed for us all we must all keep going. 786 00:56:26,613 --> 00:56:29,453 Speaker 4: You too too, from Steve, Thank you, Steve. 787 00:56:29,213 --> 00:56:33,213 Speaker 3: Steve good, thank you. Grace writes. I take umbrage to 788 00:56:33,253 --> 00:56:38,333 Speaker 3: the comment by Chris in Brackett's Surgeon because I said 789 00:56:38,573 --> 00:56:42,053 Speaker 3: it was he was a surgeon in last week's mail room. 790 00:56:42,093 --> 00:56:44,973 Speaker 3: Actually it was the second of October last week's mail 791 00:56:45,053 --> 00:56:49,573 Speaker 3: room that common childhood vaccines should be mandated and parents 792 00:56:49,653 --> 00:56:52,373 Speaker 3: should not have the choice to withhold them from their children. 793 00:56:53,173 --> 00:56:56,293 Speaker 3: He has just had a revelation on the dangers of 794 00:56:56,333 --> 00:56:59,373 Speaker 3: the COVID shots. Has it occurred to him that some 795 00:56:59,613 --> 00:57:02,133 Speaker 3: parents have known there is more going on with the 796 00:57:02,213 --> 00:57:05,893 Speaker 3: vaccines than parents have been led to believe by information 797 00:57:06,133 --> 00:57:10,133 Speaker 3: put out by the Ministry of Health. Perhaps he should 798 00:57:10,133 --> 00:57:13,013 Speaker 3: do a bit more investigation himself into the history of 799 00:57:13,093 --> 00:57:16,733 Speaker 3: vaccines and follow the money. I suggest you might consider 800 00:57:16,773 --> 00:57:22,093 Speaker 3: interviewing a Roman Bizarinsky. No, that's not right, author of 801 00:57:22,173 --> 00:57:27,413 Speaker 3: the book Dissolving Illusions with Suzanne Humphrey's MD. It covers 802 00:57:27,493 --> 00:57:31,013 Speaker 3: the history of vaccines, including polio. If you have suffered 803 00:57:31,013 --> 00:57:34,013 Speaker 3: polio or are a child of someone who has, and 804 00:57:34,133 --> 00:57:36,973 Speaker 3: you are told that this is the vaccine that prevents it, 805 00:57:37,053 --> 00:57:39,613 Speaker 3: of course you would say that everyone should be getting 806 00:57:39,613 --> 00:57:44,253 Speaker 3: the vaccine, but what if this is not true? Thanks 807 00:57:44,253 --> 00:57:47,973 Speaker 3: for continuing your show. I look forward to it always, Grace. 808 00:57:48,253 --> 00:57:49,973 Speaker 3: I look forward to your company also. 809 00:57:50,213 --> 00:57:53,693 Speaker 4: And Laton Bronwin says thank you for reading Jeffrey Tucker's 810 00:57:53,693 --> 00:57:56,973 Speaker 4: piece about the cellist. I found it very moving. I 811 00:57:57,013 --> 00:57:59,413 Speaker 4: am thankful there was one in the audience who truly 812 00:57:59,453 --> 00:58:01,733 Speaker 4: appreciated the gift the cellist offered. 813 00:58:01,973 --> 00:58:05,093 Speaker 3: Who wrote that, Ronwin, I appreciate that because you're the 814 00:58:05,093 --> 00:58:07,013 Speaker 3: only one who I think responded to it, which really 815 00:58:07,013 --> 00:58:10,333 Speaker 3: surprised me. I was moved by that. I expected to 816 00:58:10,333 --> 00:58:14,253 Speaker 3: get floods of tears all over pages or something. Anyway, 817 00:58:14,413 --> 00:58:18,173 Speaker 3: appreciate it from Vincent. I can't believe the story I'm 818 00:58:18,173 --> 00:58:21,853 Speaker 3: reading this weekend of Kamala Harris calling for Donald Trump 819 00:58:21,973 --> 00:58:25,573 Speaker 3: to release his medical records for all to see. This 820 00:58:25,973 --> 00:58:29,013 Speaker 3: is the woman who blatantly ignored the state of health 821 00:58:29,053 --> 00:58:33,693 Speaker 3: of the current president and downright lied about his mental 822 00:58:33,773 --> 00:58:37,733 Speaker 3: state or that he was actually even breathing. Add to 823 00:58:37,773 --> 00:58:41,733 Speaker 3: the fact that the MSM even runs this story as 824 00:58:41,773 --> 00:58:44,973 Speaker 3: if everything is normal. I'm nervously waiting for the next 825 00:58:45,013 --> 00:58:47,413 Speaker 3: few weeks to be over and the US election to 826 00:58:47,493 --> 00:58:51,573 Speaker 3: have concluded. Really enjoyed your last podcast with Patrick Basham. 827 00:58:51,613 --> 00:58:53,573 Speaker 3: I hope we hear from him again soon. You will 828 00:58:53,693 --> 00:58:57,813 Speaker 3: on election date and keep up the great work. Latin 829 00:58:57,973 --> 00:58:59,293 Speaker 3: and Carolyn. 830 00:59:00,373 --> 00:59:05,653 Speaker 4: Leighton. Rod says, it's all later people, It's all lateron. 831 00:59:06,493 --> 00:59:11,133 Speaker 4: Rod says, I really enjoyed Dr Paul Marrick. I always 832 00:59:11,173 --> 00:59:16,733 Speaker 4: appreciate keeping the COVID genocide alive. I've been silent commentary wise, however, 833 00:59:16,893 --> 00:59:21,653 Speaker 4: still enjoying your Wednesday morning podcasts and Rod. Forgive me, Rod, 834 00:59:21,773 --> 00:59:24,333 Speaker 4: your email is lengthy, but you understand that we just 835 00:59:24,373 --> 00:59:27,413 Speaker 4: can't get through all of everybody, so I'll take bits 836 00:59:27,453 --> 00:59:30,973 Speaker 4: of it out. We both agree on having disdain for experts. 837 00:59:31,853 --> 00:59:33,813 Speaker 4: To me, an expert as a surgeon who can go 838 00:59:33,893 --> 00:59:37,333 Speaker 4: into an o R and put an accident patient back together, 839 00:59:37,773 --> 00:59:41,053 Speaker 4: a rescue lead hand who can rescue a stranded climber, 840 00:59:41,453 --> 00:59:43,973 Speaker 4: and a builder you can send to a stalled work 841 00:59:44,053 --> 00:59:48,493 Speaker 4: site to quick quickly solve a problem. Doctorates are a 842 00:59:48,493 --> 00:59:52,733 Speaker 4: good memory for secondhand information and a cozy relationship with 843 00:59:52,773 --> 00:59:58,693 Speaker 4: the granting professors. He says, I don't know about the 844 00:59:58,693 --> 01:00:01,293 Speaker 4: New Zealand medical system. Hope it's not the same as 845 01:00:01,373 --> 01:00:04,533 Speaker 4: here and so rod as the guy who lives in Kennedy. 846 01:00:04,573 --> 01:00:04,773 Speaker 3: Yes. 847 01:00:05,973 --> 01:00:08,293 Speaker 4: Since my wife and I returned back to the East 848 01:00:08,413 --> 01:00:11,613 Speaker 4: Coast fifteen years ago, we've gone through three family doctors 849 01:00:11,613 --> 01:00:15,333 Speaker 4: with two year gasps in between. Two years ago our 850 01:00:15,373 --> 01:00:18,893 Speaker 4: last physician escaped to Western Canada. What we have now 851 01:00:19,013 --> 01:00:22,413 Speaker 4: is blood test appointments by phone community clinics which are 852 01:00:22,413 --> 01:00:26,013 Speaker 4: all staffed by nurse practitioners. There's also a walk in 853 01:00:26,093 --> 01:00:28,573 Speaker 4: clinic in North Sydney three days a week where you 854 01:00:28,573 --> 01:00:31,333 Speaker 4: can see a doctor, which opens at seven am, but 855 01:00:31,413 --> 01:00:34,333 Speaker 4: you have to line up outside before six am to 856 01:00:34,413 --> 01:00:37,733 Speaker 4: get in line because they only take fourteen patients. They 857 01:00:37,813 --> 01:00:41,453 Speaker 4: start interviewing patients at eight thirty. This is the seniors 858 01:00:41,493 --> 01:00:46,533 Speaker 4: gift for paying taxes over a lifetime and it's pretty 859 01:00:46,573 --> 01:00:49,573 Speaker 4: ghastly here these days because we have a we have 860 01:00:49,613 --> 01:00:52,173 Speaker 4: a system paucity of doctors. 861 01:00:52,853 --> 01:00:57,613 Speaker 3: We have a system that is close to collapse. Now, 862 01:00:57,693 --> 01:01:00,573 Speaker 3: just on that note, it doesn't matter where you go 863 01:01:00,653 --> 01:01:06,133 Speaker 3: in the Western world, Written, Canada, Australia, America, New Zealand, 864 01:01:06,653 --> 01:01:11,293 Speaker 3: there's your five eyes, and everyone's complaining of the same. 865 01:01:11,733 --> 01:01:16,693 Speaker 3: Even the politicians themselves are saying that in some cases 866 01:01:16,693 --> 01:01:21,773 Speaker 3: we're close to collapse. You tell me. Ashley Rinsburg and 867 01:01:21,853 --> 01:01:26,333 Speaker 3: Patrick Masham were highly informative. They gave outside the square 868 01:01:26,373 --> 01:01:30,213 Speaker 3: observations and analysis that I'm sure the listeners benefited from 869 01:01:30,213 --> 01:01:34,573 Speaker 3: as much as I did. Ashley Rinsberg's big picture view 870 01:01:34,653 --> 01:01:38,973 Speaker 3: of the Arab Israeli conflict, dubbed dovetails very nicely into 871 01:01:39,053 --> 01:01:43,173 Speaker 3: what the analyst team at Geopolitical Futures has been documenting 872 01:01:43,173 --> 01:01:46,013 Speaker 3: since the start of the current phase of the Arab 873 01:01:46,093 --> 01:01:50,613 Speaker 3: Israeli conflict. On that awful day, he was outstanding in 874 01:01:50,693 --> 01:01:55,133 Speaker 3: his praise and endorsement of Benjamin Netanyahoo and was wonderfully 875 01:01:55,133 --> 01:01:59,973 Speaker 3: correct in emphasizing President Trump's bold and enormously consequential push 876 01:02:00,253 --> 01:02:03,853 Speaker 3: for the Abraham Accords. I have attached a piece that 877 01:02:03,933 --> 01:02:07,253 Speaker 3: I believe is profoundly important to all who value freedom 878 01:02:07,373 --> 01:02:10,333 Speaker 3: was posted on browns Stone Institute, a site that just 879 01:02:10,453 --> 01:02:14,533 Speaker 3: keeps getting better and better, and I'll add my better 880 01:02:14,573 --> 01:02:18,133 Speaker 3: on the end of that. Thank you, Paul. I might 881 01:02:18,213 --> 01:02:20,213 Speaker 3: dig that out and include it. 882 01:02:21,053 --> 01:02:26,373 Speaker 4: Layton Ross says interesting developments in exposing dreadful mRNA vaccines 883 01:02:26,413 --> 01:02:29,853 Speaker 4: in Australia. Who's going to lead the charge here? And 884 01:02:30,013 --> 01:02:36,813 Speaker 4: he cites thewdubthegatewaypundit dot com. So if anybody wants to 885 01:02:36,813 --> 01:02:40,333 Speaker 4: look into it, and you have. 886 01:02:40,413 --> 01:02:45,093 Speaker 3: I'm prepped. Port Headland Council votes to expose DNA contamination 887 01:02:45,373 --> 01:02:51,333 Speaker 3: in mRNA vaccines, demands immediate suspension of COVID nineteen shots nationwide. 888 01:02:51,973 --> 01:02:54,133 Speaker 3: A special meeting had been by the port Headland Council 889 01:02:54,173 --> 01:02:58,893 Speaker 3: on October eleventh, marked watershed moment in the ongoing national 890 01:02:58,893 --> 01:03:04,253 Speaker 3: debate surrounding DNA contamination in mRNA COVID nineteen vaccines, particularly 891 01:03:04,333 --> 01:03:09,773 Speaker 3: Pfizer and Maderna's products. This highly anticipated session was called 892 01:03:09,773 --> 01:03:14,173 Speaker 3: in response to mounting evidence of DNA contamination presented by 893 01:03:14,293 --> 01:03:19,173 Speaker 3: experts such as Dr David's Speecher, alongside a series of 894 01:03:19,253 --> 01:03:22,733 Speaker 3: letters from M P Russell Broadbend. The gravity of the 895 01:03:22,813 --> 01:03:27,133 Speaker 3: concerns raised, along with the Council's proactive stance, has drawn 896 01:03:27,173 --> 01:03:32,573 Speaker 3: attention not only within Western Australia but across the entire nation. 897 01:03:33,453 --> 01:03:38,493 Speaker 3: Now that is only the introductory paragraph, and i'll tell you. 898 01:03:38,853 --> 01:03:41,093 Speaker 3: I'll tell you after the mail room when I'm giving 899 01:03:41,133 --> 01:03:44,053 Speaker 3: you some other information where you can find it. This 900 01:03:44,213 --> 01:03:47,773 Speaker 3: is producer. I have a very long letter. You might 901 01:03:47,813 --> 01:03:50,013 Speaker 3: recall it. Last week. I put one aside, make mention 902 01:03:50,093 --> 01:03:52,893 Speaker 3: of it the author that that I would read it 903 01:03:52,933 --> 01:03:57,093 Speaker 3: thoroughly and then decide very long. So I'm going to 904 01:03:57,173 --> 01:04:01,613 Speaker 3: utilize it. But after you've gone, love, because I know 905 01:04:01,973 --> 01:04:05,493 Speaker 3: that you have another appointment this week in half an 906 01:04:05,493 --> 01:04:07,213 Speaker 3: hour and that's not even here. 907 01:04:07,533 --> 01:04:10,133 Speaker 4: And it's not even that's right. I'm off you are 908 01:04:10,333 --> 01:04:11,493 Speaker 4: all right later, and thank you. 909 01:04:11,453 --> 01:04:13,253 Speaker 3: So much, No, thank you even more. 910 01:04:13,493 --> 01:04:14,493 Speaker 4: Keep writing, guys. 911 01:04:15,173 --> 01:04:17,373 Speaker 3: And before I read it. This is the follow up 912 01:04:17,413 --> 01:04:20,213 Speaker 3: after what I said last week. Craig dropped the note 913 01:04:20,253 --> 01:04:23,253 Speaker 3: and said, I heard your comment on Wednesday. Your call, 914 01:04:23,653 --> 01:04:27,253 Speaker 3: your call if you choose not to use my email. Yes, 915 01:04:27,453 --> 01:04:30,453 Speaker 3: it is somewhat controversial, and I understand why you may 916 01:04:30,533 --> 01:04:33,493 Speaker 3: choose not to use it. That's totally your call, and 917 01:04:33,533 --> 01:04:36,413 Speaker 3: I am okay either way, but I'm going to read 918 01:04:36,413 --> 01:04:40,413 Speaker 3: it because there's no reason why I shouldn't now that 919 01:04:40,493 --> 01:04:43,813 Speaker 3: I have. Now that I've inspected it, shall we say 920 01:04:44,093 --> 01:04:49,013 Speaker 3: thoroughly great writes that when the madness erupted, my wife 921 01:04:49,053 --> 01:04:51,173 Speaker 3: and I I just completed a six weeks South Island 922 01:04:51,253 --> 01:04:55,053 Speaker 3: road trip, pretty much covering the whole island, enjoying brilliant 923 01:04:55,053 --> 01:04:59,053 Speaker 3: weather at a fantastic time of enjoying the beautiful scenery 924 01:04:59,653 --> 01:05:03,333 Speaker 3: which that island affords. We were in Picton for the 925 01:05:03,373 --> 01:05:05,693 Speaker 3: last couple of days before catching the ferry and driving 926 01:05:05,773 --> 01:05:10,093 Speaker 3: up the North Island heading home. Because of the number 927 01:05:10,093 --> 01:05:12,693 Speaker 3: of others doing the same, we struggled to get a booking. 928 01:05:12,933 --> 01:05:15,813 Speaker 3: Remember those days when everyone was racing to get back 929 01:05:15,853 --> 01:05:19,653 Speaker 3: to wherever they lived before lockdown. We struggled to get 930 01:05:19,653 --> 01:05:23,293 Speaker 3: a booking and meet the lockdown requirement and ended up 931 01:05:23,373 --> 01:05:27,133 Speaker 3: driving up the North Island on the extra day afforded 932 01:05:27,173 --> 01:05:31,373 Speaker 3: travelers heading to your home quite an amazing feeling with 933 01:05:31,573 --> 01:05:35,133 Speaker 3: very very few vehicles on the road. The early days 934 01:05:35,133 --> 01:05:39,053 Speaker 3: were somewhat surreal developing a new regime of living. Being 935 01:05:39,093 --> 01:05:42,853 Speaker 3: Boomers the target of the virus, we were fortunate in 936 01:05:43,013 --> 01:05:47,133 Speaker 3: having the support of immediate family for shopping, etc. Early on, 937 01:05:47,413 --> 01:05:50,813 Speaker 3: we as a family were interested in being safe and 938 01:05:50,893 --> 01:05:54,173 Speaker 3: following the rules and generally doing what was expected of us. 939 01:05:55,013 --> 01:05:57,933 Speaker 3: As time went on, we were starting to query the 940 01:05:57,933 --> 01:06:01,613 Speaker 3: information and data that was being spouted daily from the 941 01:06:01,933 --> 01:06:05,933 Speaker 3: podium of truths. We decided to adopt a weight in 942 01:06:06,013 --> 01:06:10,053 Speaker 3: sea regime around the vaccine development, particularly when there was 943 01:06:10,093 --> 01:06:15,013 Speaker 3: a pharmaceutical company planning on producing a conventional vaccine and 944 01:06:15,293 --> 01:06:20,973 Speaker 3: different to the mRNA JAB which was close to release. Also, 945 01:06:21,693 --> 01:06:27,213 Speaker 3: was the info becoming available and suggesting the likely vulnerable 946 01:06:27,253 --> 01:06:31,253 Speaker 3: group were older people with health issues. While Carol and 947 01:06:31,333 --> 01:06:34,693 Speaker 3: I were both in our seventies, we fortunately were in 948 01:06:34,853 --> 01:06:39,053 Speaker 3: very good health. One family member was Slash Is, a 949 01:06:39,133 --> 01:06:44,173 Speaker 3: journalist who has an investigated event started spending time looking 950 01:06:44,213 --> 01:06:47,013 Speaker 3: into the matter, and as time went on he started 951 01:06:47,013 --> 01:06:50,933 Speaker 3: looking into alternative thinking on the subject and eventually this 952 01:06:51,053 --> 01:06:56,453 Speaker 3: led to considering other treatment options as an alternative to 953 01:06:56,533 --> 01:07:03,293 Speaker 3: the proposed JAB introduction. Through the process, Mark which obviously 954 01:07:03,333 --> 01:07:06,253 Speaker 3: is not his real name, was introduced to people like 955 01:07:06,413 --> 01:07:12,213 Speaker 3: Robert Clancy, doctor Robert Malown, Peter McCulloch, Gert van Vandenbosch, 956 01:07:13,293 --> 01:07:18,133 Speaker 3: Brett Weinstein, David Bell, Pierre Corey and others, which led 957 01:07:18,173 --> 01:07:21,613 Speaker 3: him to develop a very open mind on the whole subject. 958 01:07:21,773 --> 01:07:25,213 Speaker 3: He became very skeptical about the MR and A technology. 959 01:07:25,253 --> 01:07:29,373 Speaker 3: Fortunately for our Hamley, early on in his investigation he 960 01:07:29,453 --> 01:07:32,853 Speaker 3: started to focus on finding treatments to help provide immunity 961 01:07:32,933 --> 01:07:37,813 Speaker 3: to the disease. The natural immune system featured high on 962 01:07:37,893 --> 01:07:41,173 Speaker 3: the radar and providing support to this system seemed to 963 01:07:41,173 --> 01:07:44,373 Speaker 3: be a no brainer. Remarkably, very early on he came 964 01:07:44,413 --> 01:07:48,533 Speaker 3: across ivermecton. This, along with zinc and vitamins D and C, 965 01:07:48,733 --> 01:07:52,133 Speaker 3: were seen as an alternative to the emerging JAB which 966 01:07:52,213 --> 01:07:56,613 Speaker 3: was being developed and close to being introduced. Sourcing was 967 01:07:56,653 --> 01:08:00,653 Speaker 3: a challenge and locally was virtually impossible. However, in the 968 01:08:00,693 --> 01:08:03,493 Speaker 3: early days it wasn't too bad to purchase from offshore. 969 01:08:04,253 --> 01:08:06,493 Speaker 3: As time went on, the source was starting to become 970 01:08:06,733 --> 01:08:14,773 Speaker 3: difficult and eventually impossis. Our last shipment was in alternative packaging. However, 971 01:08:14,893 --> 01:08:18,213 Speaker 3: unfortunately the shipment was picked up in customs and we 972 01:08:18,293 --> 01:08:20,853 Speaker 3: never saw it other which they stole it. The good 973 01:08:20,853 --> 01:08:24,093 Speaker 3: news is this shipment was for a rainy day and 974 01:08:24,133 --> 01:08:27,493 Speaker 3: we have managed to have enough to still today have 975 01:08:27,573 --> 01:08:31,333 Speaker 3: good supplies This was during the actual introduction of the JAB. 976 01:08:32,133 --> 01:08:36,533 Speaker 3: Like everyone, our daily lives were impacted by the continued 977 01:08:36,613 --> 01:08:42,613 Speaker 3: input of government politicians, bureaucrats and health experts. The government's 978 01:08:42,613 --> 01:08:45,853 Speaker 3: failure to use the numerous qualified professionals with expertise in 979 01:08:45,893 --> 01:08:50,533 Speaker 3: their fields was pathetic and spoke slash speaks to the 980 01:08:50,773 --> 01:08:54,653 Speaker 3: arrogance of those who chose to ignore that advice. I 981 01:08:54,693 --> 01:08:58,613 Speaker 3: could expand here, but suffice it to say the management 982 01:08:58,693 --> 01:09:01,813 Speaker 3: of the whole COVID issue by the Labor government, bureaucrats 983 01:09:01,853 --> 01:09:06,413 Speaker 3: and other government officials was pure and simply corrupt and criminal. 984 01:09:06,853 --> 01:09:10,573 Speaker 3: A particular frustration was the fact that the New Zealand 985 01:09:10,573 --> 01:09:13,653 Speaker 3: government were absolutely aware that the JAB did not prevent 986 01:09:13,693 --> 01:09:18,853 Speaker 3: transmission prior to the repeat. Prior his emphasis to the 987 01:09:18,933 --> 01:09:24,333 Speaker 3: New Zealand rollout, another government letdown. As things settled down 988 01:09:24,573 --> 01:09:27,413 Speaker 3: and the ability to move around became somewhat easier if 989 01:09:27,493 --> 01:09:31,493 Speaker 3: you were jabbed, we of course, were left stuck indoors 990 01:09:31,533 --> 01:09:34,933 Speaker 3: and isolated from the masses. We were prepared to accept 991 01:09:35,013 --> 01:09:39,733 Speaker 3: the restrictions, believing in our decision. The sideways glances from 992 01:09:39,773 --> 01:09:43,293 Speaker 3: extended family and friends not all were obvious, but we 993 01:09:43,573 --> 01:09:46,853 Speaker 3: as a family three generations but only six of us 994 01:09:47,253 --> 01:09:51,493 Speaker 3: stuck together and became a closer unit and aside I 995 01:09:51,573 --> 01:09:54,333 Speaker 3: decided to try and circumvent the system and managed with 996 01:09:54,413 --> 01:09:58,693 Speaker 3: some help, to replicate a COVID pass. The result was 997 01:09:58,933 --> 01:10:02,653 Speaker 3: two passes, one to view true details and one to 998 01:10:02,773 --> 01:10:07,133 Speaker 3: scan a copy. Managing to visit many places restaurants, cafes 999 01:10:07,173 --> 01:10:12,133 Speaker 3: and bars, etc. Just proved another flaw in the government's plan. Today, 1000 01:10:12,173 --> 01:10:14,493 Speaker 3: three to four years on, none of the family have 1001 01:10:14,613 --> 01:10:17,333 Speaker 3: had COVID. The daily dose of vitamin C and D, 1002 01:10:17,573 --> 01:10:21,453 Speaker 3: along with zinc supporting the immune system, has seemed to 1003 01:10:21,493 --> 01:10:25,253 Speaker 3: do the trick. We are still convinced of the decision 1004 01:10:25,293 --> 01:10:28,133 Speaker 3: we made back then and would certainly follow the same 1005 01:10:28,213 --> 01:10:31,253 Speaker 3: or a similar regime in the future. I enjoy your 1006 01:10:31,253 --> 01:10:34,213 Speaker 3: weekly podcasts and have developed a habit of listening every 1007 01:10:34,213 --> 01:10:37,573 Speaker 3: Saturday morning. Probably listened to around ninety five percent of 1008 01:10:37,573 --> 01:10:41,253 Speaker 3: the podcast. Your balanced approach to the subjects is refreshing 1009 01:10:41,733 --> 01:10:46,093 Speaker 3: given the woky, lefty narratives we are now constantly subjected to. 1010 01:10:46,373 --> 01:10:51,693 Speaker 3: Kind regards, Craig, I can't find anything wrong with what 1011 01:10:52,613 --> 01:10:55,293 Speaker 3: you've said. Some people would probably say that you were 1012 01:10:55,333 --> 01:11:00,733 Speaker 3: wrong in your replication of a COVID pass because at 1013 01:11:00,733 --> 01:11:05,013 Speaker 3: the time, Well, you knew, and a lot of people knew, 1014 01:11:05,053 --> 01:11:09,453 Speaker 3: but not everybody did. Apart from that little adventure, You're 1015 01:11:09,493 --> 01:11:12,853 Speaker 3: to be congratulated on your whole attitude and there were 1016 01:11:12,893 --> 01:11:16,693 Speaker 3: many many people who fell into a footstep with you. 1017 01:11:17,173 --> 01:11:18,773 Speaker 3: And let's hope we don't have to go through anything 1018 01:11:18,853 --> 01:11:22,853 Speaker 3: like that again in the foreseeable future or beyond. 1019 01:11:23,973 --> 01:11:24,133 Speaker 2: Right. 1020 01:11:24,213 --> 01:11:27,013 Speaker 3: So that's the mail room for this week, with the 1021 01:11:27,813 --> 01:11:31,213 Speaker 3: additional that was fairly long. If you want to write 1022 01:11:31,213 --> 01:11:33,933 Speaker 3: to us Latent at newstalksb dot co dot inz or 1023 01:11:34,013 --> 01:11:37,573 Speaker 3: Carolyn at newstalksb dot co dot in z. Now I 1024 01:11:37,573 --> 01:11:39,853 Speaker 3: have some recommendations and we'll get into that in just 1025 01:11:39,893 --> 01:11:53,013 Speaker 3: a second. Leighton Smith to what we might call the 1026 01:11:53,013 --> 01:11:57,773 Speaker 3: final segment of podcast two sixty and some references that 1027 01:11:58,653 --> 01:12:00,453 Speaker 3: I hope that some of you at least will find 1028 01:12:00,773 --> 01:12:04,133 Speaker 3: interesting in what to follow up on. Entirely up to you, 1029 01:12:04,453 --> 01:12:07,733 Speaker 3: I will never know. That is the better one, the 1030 01:12:07,853 --> 01:12:11,533 Speaker 3: main one. Put that aside for a moment. We tad 1031 01:12:11,613 --> 01:12:18,053 Speaker 3: about Hillary Clinton and her warning. Very quickly. This is 1032 01:12:18,093 --> 01:12:21,173 Speaker 3: from This is from zero Hedge. If you want to 1033 01:12:21,213 --> 01:12:27,453 Speaker 3: find it as Empire of Lies crumbles, Hillary Clinton warns, 1034 01:12:28,133 --> 01:12:31,333 Speaker 3: is all you need as empire. Do a search on 1035 01:12:31,413 --> 01:12:33,573 Speaker 3: it and you'll find it. I'm sure as empire of 1036 01:12:33,613 --> 01:12:38,213 Speaker 3: lies crumbles, Hillary Clinton warns will lose total control if 1037 01:12:38,333 --> 01:12:44,093 Speaker 3: social media stops censoring content. This is a woman that's 1038 01:12:44,133 --> 01:12:49,533 Speaker 3: been telling us for ages about how Donald Trump is 1039 01:12:49,573 --> 01:12:52,213 Speaker 3: going to ruin America. Donald Trump is going to be 1040 01:12:52,253 --> 01:12:57,853 Speaker 3: a totalitarian tyrant. I think he can be a totalitarian 1041 01:12:57,893 --> 01:13:03,733 Speaker 3: tyrant amongst other things, etc. I have not a word 1042 01:13:03,773 --> 01:13:06,893 Speaker 3: that I can use that describes Hillary Clinton, to be honest. 1043 01:13:07,453 --> 01:13:10,333 Speaker 3: About nine months ago, the Wall Street Journal editor in 1044 01:13:10,413 --> 01:13:15,453 Speaker 3: chief admitted to Davos Elites that the legacy media outlets 1045 01:13:15,493 --> 01:13:19,893 Speaker 3: no longer had a monopoly on information and narratives. In 1046 01:13:19,933 --> 01:13:24,573 Speaker 3: other words, misinformation and disinformation campaigns to brainwash the masses 1047 01:13:25,173 --> 01:13:30,453 Speaker 3: were no longer working. We owned the news, We were 1048 01:13:30,493 --> 01:13:35,133 Speaker 3: the gatekeepers, and we very much owned the facts as well. Nowadays, 1049 01:13:35,173 --> 01:13:37,213 Speaker 3: people can go to all sorts of different sources for 1050 01:13:37,253 --> 01:13:40,813 Speaker 3: the news, and they're much more questioning about what we're saying. 1051 01:13:41,813 --> 01:13:44,853 Speaker 3: This is according to the Wall Street Journal editor Emma Tucker, 1052 01:13:45,453 --> 01:13:48,293 Speaker 3: this is why the fake news media is attacking Elon 1053 01:13:48,493 --> 01:13:51,453 Speaker 3: and the X platform. They have lost control of the 1054 01:13:51,533 --> 01:13:54,773 Speaker 3: narrative they once had we owned the news. We were 1055 01:13:54,813 --> 01:13:57,653 Speaker 3: the gatekeepers and we were very much and we very 1056 01:13:57,693 --> 01:14:02,573 Speaker 3: much owned the facts as well. So there's six pages 1057 01:14:02,613 --> 01:14:08,253 Speaker 3: on that. If you're interisted next misinformation laws will feed 1058 01:14:08,493 --> 01:14:11,973 Speaker 3: attacks on Western history. Now this is from the Spectator 1059 01:14:12,013 --> 01:14:15,413 Speaker 3: Australia and it's not something that you can hunt down 1060 01:14:15,813 --> 01:14:19,533 Speaker 3: and read in its entirety unless you are a subscriber 1061 01:14:19,973 --> 01:14:22,573 Speaker 3: of which I am. So this is a little unfair, 1062 01:14:23,013 --> 01:14:26,453 Speaker 3: but it's to do with Tucker Carlson has a unique 1063 01:14:26,453 --> 01:14:29,053 Speaker 3: ability to blow up the Internet, and he did so 1064 01:14:29,093 --> 01:14:34,013 Speaker 3: again recently. When History podcast host Daryl Cooper appeared on 1065 01:14:34,053 --> 01:14:38,413 Speaker 3: his show, Cooper made some controversial comments, primarily about Winston 1066 01:14:38,493 --> 01:14:41,813 Speaker 3: Churchill on the Second World War. Throughout the episode, Cooper 1067 01:14:41,893 --> 01:14:45,853 Speaker 3: asserted that Churchill was the chief villain of the Second 1068 01:14:45,853 --> 01:14:49,373 Speaker 3: World War. He accused Churchill of wanting war with Germany 1069 01:14:49,413 --> 01:14:53,373 Speaker 3: when hit the only wanted piece with Britain. He suggested 1070 01:14:53,453 --> 01:14:56,733 Speaker 3: Churchill may have been influenced by his Zionist finances to 1071 01:14:56,813 --> 01:15:00,213 Speaker 3: wage war on Germany and that it was Churchill who 1072 01:15:00,293 --> 01:15:03,733 Speaker 3: was the first to start fire bombing cities. The culpability 1073 01:15:03,773 --> 01:15:07,453 Speaker 3: of the Germans, in contrast, was downplayed, with Cooper suggesting 1074 01:15:07,493 --> 01:15:11,133 Speaker 3: that the deaths of millions of Russian POWs on the 1075 01:15:11,173 --> 01:15:14,653 Speaker 3: Eastern Front resulted more from a lack of planning and 1076 01:15:14,733 --> 01:15:18,733 Speaker 3: logistics than a concerted effort to mass murder. There are 1077 01:15:18,733 --> 01:15:22,413 Speaker 3: some insane people in this world. You can't eliminate them. 1078 01:15:22,493 --> 01:15:25,253 Speaker 3: I don't know. I don't know what Carlson was doing 1079 01:15:25,293 --> 01:15:27,493 Speaker 3: with him on Maybe he was having fun at his expense. 1080 01:15:27,533 --> 01:15:31,333 Speaker 3: But for get a chance or have a look. Now. 1081 01:15:31,333 --> 01:15:35,293 Speaker 3: This is the no, it's not, yes, it is. This 1082 01:15:35,373 --> 01:15:39,413 Speaker 3: is the article that is the most important this week. 1083 01:15:40,333 --> 01:15:46,173 Speaker 3: I think it runs fourteen pages. Central Bank Digital Currencies 1084 01:15:46,733 --> 01:15:52,533 Speaker 3: Accelerating toward Dystopia, and you can find that simply by 1085 01:15:53,053 --> 01:15:57,173 Speaker 3: doing a search on Central bank Digital Currencies Accelerating toward 1086 01:15:57,413 --> 01:16:01,933 Speaker 3: Dystopia by Ronan Manly. In fact, you'd probably be better 1087 01:16:01,973 --> 01:16:06,693 Speaker 3: off looking up Ronan Manly, Rona m an l Y 1088 01:16:07,133 --> 01:16:11,973 Speaker 3: Ronan Manly fourteen pages of interest. When it comes to 1089 01:16:12,933 --> 01:16:18,573 Speaker 3: banking and the future, the dangers of CBDCs. All major 1090 01:16:18,613 --> 01:16:21,773 Speaker 3: banks are planning a CBDC. I've read most of this 1091 01:16:22,093 --> 01:16:25,813 Speaker 3: CBDC bridges for those who believe that their own countries 1092 01:16:25,893 --> 01:16:29,653 Speaker 3: CBDC could be a dangerous tool of surveillance and control. 1093 01:16:29,933 --> 01:16:33,053 Speaker 3: They must also stay aware of the fact that the 1094 01:16:33,093 --> 01:16:37,133 Speaker 3: global plans for these financial globalists are to link all 1095 01:16:37,213 --> 01:16:41,373 Speaker 3: of these national CBDCs together in a global network of 1096 01:16:41,493 --> 01:16:46,773 Speaker 3: tightly knit mesh that will envelop the human population trilling 1097 01:16:47,653 --> 01:16:55,133 Speaker 3: unelected elites, the vis unelected elites, the Atlantic Council, unelected elites, 1098 01:16:55,173 --> 01:17:00,733 Speaker 3: the International Monetary Fund, and US Republicans push back against 1099 01:17:00,893 --> 01:17:06,093 Speaker 3: cbdc's push harder. And then there is the conclusion, a 1100 01:17:06,213 --> 01:17:09,733 Speaker 3: touch of the conclusion. Whatever the outcome, it looks set 1101 01:17:09,853 --> 01:17:13,773 Speaker 3: that this CBDC issue will cause lots more debate and 1102 01:17:13,853 --> 01:17:16,813 Speaker 3: wrangling between Republicans and Democrats over the months and years 1103 01:17:16,813 --> 01:17:19,653 Speaker 3: to come, and could even be a major policy issue 1104 01:17:19,733 --> 01:17:23,893 Speaker 3: to debate if the mainstream media, the US mainstream media, 1105 01:17:24,253 --> 01:17:28,573 Speaker 3: bothered to ask the right questions. I think it's worthy 1106 01:17:28,813 --> 01:17:34,013 Speaker 3: of anybody who listens to this podcast should find it 1107 01:17:34,773 --> 01:17:38,293 Speaker 3: of some value. And then finally, I want to make 1108 01:17:38,373 --> 01:17:41,613 Speaker 3: mention of these two books that I have that I 1109 01:17:41,653 --> 01:17:45,093 Speaker 3: have discussed with one of the one of the authors, 1110 01:17:45,573 --> 01:17:50,493 Speaker 3: Andrew Hollis, Climate Actually Nothing to Fear. And then the 1111 01:17:50,533 --> 01:17:55,053 Speaker 3: second volume, which has now come out finally in its 1112 01:17:55,053 --> 01:17:58,893 Speaker 3: own right, Climate Actually the science behind it. So the 1113 01:17:58,933 --> 01:18:02,333 Speaker 3: difference Climate Actually nothing to fear is Volume one Climate 1114 01:18:02,413 --> 01:18:06,213 Speaker 3: actually the science behind it. Volume two speaks for itself, 1115 01:18:07,053 --> 01:18:10,413 Speaker 3: ordinary language explaining the science is associated with climate for 1116 01:18:10,453 --> 01:18:14,493 Speaker 3: everyone to understand by retired lawyer and the man who 1117 01:18:14,813 --> 01:18:18,453 Speaker 3: in his law degree did some climate stuff or associated 1118 01:18:19,133 --> 01:18:25,413 Speaker 3: Andrew Hollis and Mike sank And we've done an interview, 1119 01:18:25,493 --> 01:18:29,293 Speaker 3: as I say, and you've probably heard it. But now 1120 01:18:29,293 --> 01:18:34,053 Speaker 3: that I've got the books in their final form, let 1121 01:18:34,093 --> 01:18:38,773 Speaker 3: me just give you an idea of what caught my attention. 1122 01:18:39,813 --> 01:18:43,493 Speaker 3: These arrived last Saturday. The alleged harm from CO two. 1123 01:18:44,573 --> 01:18:48,693 Speaker 3: CO two is a pollutant question mark, Did you know 1124 01:18:48,813 --> 01:18:51,453 Speaker 3: that the Supreme Court of the United States legislated that 1125 01:18:51,533 --> 01:18:54,333 Speaker 3: CO two was a pollutant and needs to be eradicated. 1126 01:18:54,973 --> 01:18:58,053 Speaker 3: What part of the planet are you from? How delusional 1127 01:18:58,093 --> 01:19:01,293 Speaker 3: are you? It is not a plant destroying toxin. It 1128 01:19:01,373 --> 01:19:04,533 Speaker 3: is the food upon which they survive and thrive. Such 1129 01:19:04,653 --> 01:19:09,333 Speaker 3: is the madness of this climate alarmist hysteria that even 1130 01:19:09,373 --> 01:19:15,053 Speaker 3: the highest court in the United States has seemingly gone bonkers. 1131 01:19:15,133 --> 01:19:18,533 Speaker 3: There were the Democrat appointees that caused that. And you 1132 01:19:18,533 --> 01:19:21,333 Speaker 3: can get these two books from Amazon Australia and they're 1133 01:19:21,373 --> 01:19:24,173 Speaker 3: well priced, I might add, and they're worthy of being 1134 01:19:24,213 --> 01:19:28,013 Speaker 3: in your library, especially if you've got young people in 1135 01:19:28,053 --> 01:19:32,373 Speaker 3: your house, especially if you've got kids at school. Let 1136 01:19:32,373 --> 01:19:35,493 Speaker 3: them educate themselves and take on the teachers, because the 1137 01:19:35,533 --> 01:19:38,493 Speaker 3: teachers deserve to be taken on. And that will take 1138 01:19:38,613 --> 01:19:43,213 Speaker 3: us away for podcasts or from podcast two hundred and 1139 01:19:43,333 --> 01:19:45,973 Speaker 3: sixty later in that News Talks AB dot co dot 1140 01:19:46,053 --> 01:19:49,653 Speaker 3: NZ and Carolyn at Newstalks ADB dot co dot in Z. 1141 01:19:50,213 --> 01:19:52,653 Speaker 3: We shall return with podcasts two hundred and sixty one 1142 01:19:52,773 --> 01:19:55,533 Speaker 3: very shortly. Until then, as always, thank you for listening 1143 01:19:56,293 --> 01:19:57,293 Speaker 3: and we shall talk soon. 1144 01:20:05,173 --> 01:20:08,853 Speaker 1: Thank you for more from News Talks, there'd be listen 1145 01:20:08,933 --> 01:20:11,893 Speaker 1: live on air or online and keep our shows with 1146 01:20:12,013 --> 01:20:15,093 Speaker 1: you wherever you go with our podcasts on iHeartRadio