CORPORATE CAPTURE OF GLOBAL FOOD SYSTEMS ‘ THE COLLABORATION BETWEEN THE WEF AND UN FOOD  AGRICULTURE ORGANIZATION (FAO)

CORPORATE CAPTURE OF GLOBAL FOOD SYSTEMS ‘ THE COLLABORATION BETWEEN THE WEF AND UN FOOD  AGRICULTURE ORGANIZATION (FAO)

The Un / WEF Official Partnership was officially adopted 13th June 2019. With a Proviso to jointly  accelerate UN Agenda 2030 Global Goals across the world. (SDGs) Transforming Our Lives By 2030. Leaving No-one Behind- Everyone-Everywhere at Every Age. To collaborate Global Food Security * Transform Agri-food Systems. Resource Management * Digital Global Innovation * Public-Private Partnerships * Multistakeholder Capitalism

However there have been many critics that have raised multiple concerns primarily Civil Society Organizations about the Conflicts of Interests * The Influence of Private Corporation as whisperers in the ears of UN Agencies .This includes the Corporate Capture of the Global Food System and the UN FAO’s role in the Global Food Initiatives that include:-Strategic Partnerships with Corporations (a wide range of stakeholders) including UN Entities * Governments * Leaders of Civil Society and the Private Sector (The Mask they hide behind is (Eradicating Hunger- Poverty World Wide) Global Agenda 2030- SDG 1 and SDG2

The FAO (UN) works in a broader UN Framework in that of Food Security & Nutrition. Guiding Global, Regional and National efforts into Policy & Decision making. And encourages Multistake-holderism dialogue, developing common approaches to Global Food Systems. Supporting UN Member States to create coalitions of Public-Private Actors to foster Agri-food System Transformation. The deepening of institutional engagement as to Global Challenges such as Climate Change – Health – and the coined phrase ‘Sustainable Development

The WEF-UN Collaboration (Partnership) with the FAO (UN)..In 2022 they signed a Letter of Intent to facilitate the channeling of the Private Sector resources towards Transforming Agri-food Systems worldwide. The WEF launched the Food Innovation Hubs Global Initiative with FAO (UN) as the Collaborator. Leveraging Market Based Partnerships with Public-Private and Civil Society Partners to Scale Up Innovations

Critics have reported that the UNs growing collaboration with the WEF is a platform for Transnational Corporations that allows ‘Global Corporate Capture’ and a dialogue of  Global Decision Making. 240 Civil Society Organizations condemned the 2019 WEF-UN Partnership in an Open Letter stating that it ‘Delegitimizes the UN and weakens the role of UN Member States in Global Decision Making – Increasing the influence of corporations, promoting industrial, technological focused solution to Food Security which risks harming small scale farming practices, causing socio-economical problems. Favoring Corporate Interests over that of vulnerable populations-Threatening Human Rights.

Giving disproportionate power to Corporate Interests, undermining  the Democratic State Nature of the UN as it was originally set out to be. With the WEF & UN public-private relationship increasing investment in Agrifood systems, aborting traditional farming. Collaborating on Data & Digital conditions that produce WEF/UN Initiatives Eg: (One Map & the Future Market Place Playbook) With the FAO (UN) and WEF Co-publishing a White Paper titled ‘Transforming Food Systems for Country Led Innovation’

The WEF/FAO (UN) Food Summit and the Digital and Data Coalition. The WEF long standing relations with UN Agencies. The Alignment of Food Systems Transformation.  Inclusive Partnerships with common goals. The common goal of Transforming Global Food Systems. Providing Data and Stats crucial for informing Policy and Tracking Progress in the Transformation of Global Food Systems

Partnerships that are focused on attracting Investment for the Transformation of Global Food Systems, this includes how Food is Produced, Distributed and Consumed globally. The total destruction of the Free-market Enterprise Innovated Economy (The Freedom To Choose). Multistakeholder Capitalism Klaus Schwabs baby (600 Page Global Redesign Initiative 2010) Produced and adopted post the 2008-2009 World  Financial Recession. Adopted by Governments worldwide

Critics state that this approach shifts Economic Governance away from Competitive Markets towards a model of Self Appointed Group of Corporate and Political Elites. There are also many critics that view the annual DAVOS gatherings as an Undemocratic Opaque Governance Venue where powerful political and corporate leaders make decisions without accountability to the public they represent in UN Member Nation States thus diminishing National Sovereignty

Never let a Good Crisis Go To Waste. Large Corporate Interests that prioritize Conformity over Disruption. The WEF is accused of ‘Crony Capitalism’. Where Corporations use their influence to lobby for favorable regulations and protectionism through Legislations at the expense of a genuine Free-Market enterprising Innovative Economy. Corporations accused of Green Washing (ESG’s)

Initiatives such as the Great Reset proposed by the WEF, advocating for the restructuring of the Global Economy. The lack of Democratic Engagement within UN Member Nation States and Beyond -Globally that do not reflect the interests of UN Member State or Global Population interests but those of the Economical /Political Elite. The Stakeholder Capitalism model seeks to shift responsibility beyond shareholders to a broader group of stakeholders has been criticized as rebranding of the worlds economy. And the Erosion of National Sovereignty

The increasing influence of the WEF over UN Nation State policies and the erosion of National Sovereignty is not without serious concern. The WEF pushing for Global Governance Models that by-pass Nation State Legislatures without civil societies explicit consent. The WEF Global Digital Identification Systems, * Centralized Climate Policies * International Tax Frameworks all encroachments on Nation State Government and the voting public of the Sovereign Nation State. Decision making that cannot be challenged, hence the government is not held accountable by its voting  citizens

The WEF a strong powerful proponent of the Forth Industrial Revolution which encompasses Artificial Intelligence * Automation * Biotechnology being implemented even though populations worldwide have serious concerns about this push into a Technocratic Future of Controlling Forces of Compliancy. The WEF reporting its Vision ‘A Technology Driven Future that includes Mass Digital Surveillance which is being played out rapidly across the world eight now. AI Digital Identification Global Governance (Transforming Our Live by 2030. UN Agenda 2030 SDG 16.9 Everyone is to have a digital ID by 2030) Otherwise you wont be recognized as existing.

NZ participating in the WEF Pilot ‘Digital Regulations’. Without transparency. Did the Government share this information publicly? NO. Was there any public discussion- debate with  the population of NZ. No.  WEF mass digital surveillance, monitoring and a push for a ‘cashless society’. Digital Identity Systems. Government/Corporate surveillance restricting individual autonomy- freedoms- liberties. (Judith Collins Portfolio)

COVID 19 – The WEF played an increasing significant role in shaping Global Health Policies particularly during the COVID Pandemic. Collaborating with Organizations like the WHO (UN) and major Pharmaceutical companies (Big Pharma) to influence  Vax Policies, Digital Health Passes and Pandemic Preparedness Strategies. Concerns have been raised about the WEFs role in promoting policies that benefit Bif Pharma at the expense of transparency and Public Choice. The rapid push for vaccine mandates and Digital Health Passports seen by some as an over-reach prioritizing Corporate Interests over Individual Freedoms

The WEF and the UN have positioned themselves as a global force, with zilch accountability to National Sovereignty and the people whom vote political parties in. This empowers a small global powerful elite to shape the Global Future that do not align with the broader interests of Humanity. This is a global concentration of centralized power (Top Down and Bottom Up) that poses a huge risk to our personal- individual freedoms. Where Governments engage with the WEF /UN behind closed doors when they collaboration – plan to implement the Transforming Of Our Lives before 2030. (Leaving No-One Behind..Everyone..Everywhere.. At Every Age)

We No… What They Are Doing.. They Know- We know what they are Doing.. But they still keep on Doing it.. Yet there is a deafening Silence in the public Arena as the UN Member State Puppets implement ‘Transforming Our Lives By 2030’ Locking us into a Digital Prison. Industrial Corporate Global Food Systems and Smart City Surveillance-Monitoring-Facial Recognition.

WakeUpNZ.. RESEARCHER: Cassie

 

 

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OPRESSION- LIBERATION THE QUEERING OF SCHOOLS IN NEW ZEALAND STARTED IN 2011

27th August 2019 ‘The Red – Brown Alliance in ‘Policing Gender’, communist politics in New Zealand, they deliberately hide the words that label them as to what they really are ‘Cultural Marxist Socialist with a Communist agenda’. Daphne Lawless is a member of the Socialist Far Left Marxist Workers Party NZ, as is Byron Clark who recently authored the book ‘FEAR’ targeting and naming groups, individuals who publicly speak out opposing govt policies character assassinating them, he himself clear, evidentially violating the NZ Bill Of Rights 1991 and international Human Rights Agreements that give people the right to freedom of expression and to freedom of peaceful public assembly. We are experiencing the very aggressive rudeness of the Woke in NZ. Peaceful Assembly to them does not equate, they deliberately want to destroy peaceful assemble and the freedom of expression this is clearly communism and totalitarianism a regime of tyranny.

Trade Union organizers Daphne Whitmore and Don Franks are described as veteran socialists and union organiser, they say they defend free speech, but that free speech must only be defined as their free speech, everyone else ‘just shut up and sit down’. The Workers Party NZ whom they represent have been reported to be truly nasty far left that represents ideas such as the ‘zombie plague’, they have an immoral compass. In 2011 promoted marches to ‘Queer schools in New Zealand. A key member of the Workers Party also being a political activist a leading member of the group from Wellington ‘The Queer Avengers’. Their goal to establish political reform in parliament for transgender diversity teaching, they communicated with Grant Robertson whom was well established in the Labour Party back then, worked for Helen Clark.

The promoting of ‘progressive transgender in the school classroom. The rising of trans activism in New Zealand those that called themselves ‘Comrade, comrade, comrade’, neo liberal New Zealand communist, the non-binary, gender-queer’,  the globalisation of gender-queer’ politics common in veteran activists and young people mostly from universities, institutes worldwide… hence the fantasy construction of the biological male or female body, namely the illusion of gender fluidity, chose what sex you want to be, choose from a multiple of genders and remember its all in the language.. Pronouns He-She etc.,

The insanity gets worse, and continues to so, the rainbowing of schools in NZ, the dumbing down of education. Kids should be taught their ABC’s not their LGBT’s. Byron Clarks Workers Party NZ and its published ‘Fightback’ magazine promoting the Palestinian Liberation Front a designated terrorist org., in four out of the Five Eyes group. New Zealand Government does not list the Palestinian Liberation Front as a Designated Terrorist Org., like the other ‘Four Eyes Country Members’. The Palestinian Liberation Front that has used children as suicide bombers and messengers in war like situations.  Byron Clarks Fightback magazine advertised raising funds and send money directly to the Palestinian Liberation Front. Selling Tee shorts, street stalls and meetings to support this terrorist org., he now gives seminars and workshops at Massey Universities and reports for Mainstream media in NZ. Yet it was the Workers Party Fightback that supported and promoted the Palestinian woman terrorist who hijacked commercial airliners several times. Byron Clark who campaigned to be mayor of Christchurch in 2007 as a representative of the Workers Party NZ, the publishers of ‘The Spark’ and ‘FightBack’ magazine that promoted the ‘Queering of Schools in New Zealand’.

NOTE: QUEERING OUR SCHOOLS IN NZ..(This is a true story). The ‘QUEER AVENGERS’ MARCH September 26th 2011 Central Wellington Started at Ministry Of Education Courtyard and went through to Lambton Key . The first campaign of its kind in New Zealand, to queer the schools in New Zealand.  The word ‘Queer’ was used to mash to multiple transgender diversity that was being promoted throughout NZ by the Queer Avengers and the Socialist Marxist Far Left Workers Party NZ. Byron Clark mayoral campaign in Christchurch 2007 representing the Workers Party NZ. He was a key player and wrote articles in ‘The Spark’ and ‘Fightback’ magazine published by the Workers Party NZ. He is the author of the book ‘FEAR’ that targets anyone that speaks up in opposition to NZ Govt. He names those in his book.. Voices for Freedom, Counter Spin, Groundswell Lee Williams, myself and many others. He character assassinate all those that resided Parliaments grounds. He holds seminars and workshops at Massey University and writes for the main stream news. His book is in the governments archives. Those that speak out about the governments narratives he calls ‘the hostile underworld of extremists’

 

LINK:

https://fightback.org.nz/category/oppression-liberation/queer/

 

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BYRON CLARK FAR LEFT EXTREMIST STALKS THOSE THAT OPPOSE GOVERNMENTS NARRATIVES ‘IDEOLOGIES’

THE WORKERS PARTY NZ comprises of Far Left Wing Cultural Marxist Socialists they published two magazines  ‘The Spark’ and Fightback’. Byron Clark  has recently published a book called ‘FEAR’ on thee front cover reads ‘New Zealand’s hostile underworld of extremists’. The extremists he refers to Counterspin, Groundswell, Voices for Freedom, Hannah & Brian Tamaki, Lee Williams, Sue Grey, Carol Sakey others that have spoken out publicly against the governments narratives. Byron Clark 2007 campaigned as Mayor for Christchurch as a representing the Workers Party NZ.  26th September 2011 an article in the Workers Party NZ ‘Fightback’ magazine titled ‘Queer Our Schools’,  saying this is the first campaign to ‘Queer our Schools’ in New Zealand by a Wellington group called ‘The Queer Avengers’. They emerged from the ‘Queer Night March’ that took place in the central city of Wellington. Deliberating they used the term ‘Queer’ deliberately masking the multiple list of gender identities  by just using the word ‘Queer’. Once the march had finished they went back to their daily lives, their jobs etc., However they still had meetings once a week, not only did they include gender diversity (queering) but also climate change.

The Queer Avengers planned a three pronged campaign, firstly focusing on youth. A march took place from the Ministry Of Education 47 Pipitea St, Thorndon through to Midland Park, Lambton Quay where there were speeches and entertainment. The Workers Party NZ ‘Fightback’ magazine promoted, published. The ‘Queer Avengers Group were political activists, they made clear demands to the Govt’s Ministry of Education. (1) Government resourcing for the formation of student led, community supported queer straight alliances in every secondary school in New Zealand. Incorporating sexuality and gender variance diversity into all relevant subjects, including history, health, science, English.  Making schools accessible and safe for gender variant students. zero tolerance of homophobic & transphobic bullying

NOTE: (A) Gender neutral bathrooms/private changing facilities (B) Non-gendered dress codes  (C) Resources and education which fits the needs of gender variant students (D) Trans affirming spaces and role models, requiring professional development staff to model queer positive spaces.

The ‘Queer Avengers’ spokesperson Jason Froch told GayNZ that he wanted to question the Ministry of Education’  as to “why they have not provided programs to enable students to recognize their full potential as individuals,  saying  “schools are generally not an affirming space of queer peoples identities and are unacceptable places for trans-youth. That they should be able to go to school in the appropriate uniform and use the bathroom of their choosing”. Jason Froch blamed the government for “its failing to provide a legal duty of care” saying “the march is on- the march of the ‘Queer Avengers -we will call the government out -the ‘Queer Avengers’ will continually agitate the government until the Ministry Of Education does something about their demands.  Froch said “What we need to do as a community is to continue to organize the valuing of our identities, having more people involved so that the ‘Queer Avenger’ can call up the Ministry of Education, for example in the campaign planned by the ‘Queer Avengers’. Froch referred to other groups such as ‘Safety in Schools 4 Queers’ (SS4Q), this group had been operating for some years before the ‘Queer Avengers’ were established, however Froch said “they did not have a driving force behind them, no social movement to push them. The ‘Queer Avengers’ aims, goals were to be a political action group, to organize the community and educate society.

A ‘Queer Night Demonstration’ took place where 600 people gathered, a number of them were youth, others were involved including some school aged students. Froch explained why he used the term ‘Queer’- “Its about being inclusive without the alphabet soup” (Advertised in the  Workers Party NZ Fightback magazine) Froch said “his political goal was to educate people about there being no such thing as natural identity “all people are created by society, co-one is born straight, he would fight Queer oppression and leave no-one out”.

A Wellington group called ‘Legalise Love’ were acting similar to the ‘Queer Avengers’ but in a different manner. Not that interested in social change like Froch was, he had his mind fixated on Parliamentary reform, trying to change social values that could be passed by Parliamentary reform. At this time another Wellington group were ‘Queer Avenger’ like-minded-‘Legalize Love’, they were doing similar to the ‘Queer Avengers’ but in a different manner. Froch was more interested in Social Change, fixated on Parliamentary reform. ‘Queer Avenger’ leader Froch explained that he was trying to change social values that could be passed by parliament so he said we need to create our own space for public debate”. However he fully supported the group “Legalize Love’. The ‘Queer Avengers’ advertised for further people to jump on board with them.

“The Queer Avengers are looking for school aged people or those that have left school less than 5 years ago to get in contact with them to share their school experiences. Giving the email address as thequeeravengers@gmail.com. Byron Clark was a key member of the ‘Workers Party NZ’ published and promoted the ‘Queering of Schools’ in NZ. (Workers Party NZ- 26th September 2011) supporting the Queer Avengers). Byron Clark who campaigned to be mayor of Christchurch representative of the Workers Party NZ a ‘far left wing, cultural Marxist Socialist. Clarke gives seminars, lectures in Massey University. Plus gives a damming description of those that resided at parliaments grounds. His book ‘FEAR’ has earned a place in the Govts National Library. He often reports for main stream media and has been interviewed also by Mainstream media about his book ‘FEAR’. 4th October 2011 ‘Fightback’ Workers Party NZ magazine article read ‘Queer Our Schools – I am a ‘Queer Avenger -and advertising , promoting ‘GLBT Campaigning ‘ in Wellington and also an interview with ‘Queer Avengers’. Fightback magazine article dated 26th August 2019.. Daphne Lawless article on ‘Socialist Feminism’. Byron Clark’s new book ‘FEAR’ has a special place in the ‘National Archives of New Zealand’

Demands by ‘The Queer Avengers’ to the Ministry of Education: (Promoted and advertised by Byron Clark’s Workers Party NZ.

  1. Government resourcing for the formation of student-led, community supported queer-straight alliances in every secondary school in the country.
  2. Incorporating sexuality and gender variance diversity into all relevant subjects, including history, health, science and English.
  3. Making schools accessible and safe for gender variant students
  4. Gender neutral bathrooms/private changing facilities
  5. Non-gendered dress codes
  6. Resources and education which fits the needs of gender variant students
  7. Trans affirming spaces and role models
  8. Zero-tolerance of homophobic & transphobic bullying and requiring professional development of staff to model queer positive spaces.

 

LINK

https://web.archive.org/web/20130208162751/http://workersparty.org.nz/2011/09/26/the-queer-avengers-march-on/#more-4877

 

 

 

 

 

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NZ GOVERNMENT SUPPORTING WHITE HATRED ‘TUSIATA AVIA’S SAVAGE COLONISER’

Associate Prof., Sarah Ross Victoria University compiles online poems Avia Tusiata’s poems are included. I am making reference to the controversy of her poem that was produced for the Auckland Arts Festival the 250th  anniversary of Captain Cooks arrival in NZ. No this is not clearly a historical remnant of his arrival in New Zealand but is clearly very graphic rudimental wording white hatred.  Stuff NZ published the poem and should have been taken over the coals by the Race Relations Minister and other MPs representing different Govt Agencies. Tusiata’s poem has caused much anger throughout New Zealand. I note quite a number of her poems are in the Governments National Archives.

Tusaita Avia’s poems content for the Auckland Arts festival includes a group of brown girls planning violent revenge on Capt Cook and white men. The poem is highly provocative and hateful the seeking of revenge referring to Capt Cook or white men like him that might be thieves, kidnappers and rapists or murderers. These are Tusiata’s murderous hateful words to be spoken and published by the Auckland Arts Festival. Her Savage Coloniser Book was published in 2020 it won the Ockman Book Awards in 2021 despite the hateful white men content within the book. This is what the judges said about Tusiata’s book “In a year of outstanding poetry publications that respond to Covid, Black Lives Matter, the Christchurch Massacre, and ongoing violence against women, Avia expresses the outrage shared by many, while maintaining faith that love helps the healing process,”

Stuff NZ then states in its media publication, in the same article about Tusiata white hatred of men poem that seeks revenge on white men and Capt Cook that the poem was condemned and circulated by racist hate speech right wing You Tuber Lee Williams and Sean Plunket (The Platform). Stuff NZ using the opportunity to attack anyone publicly speaking out publicly about the governments agenda or the wokeness it deliberately pushes. Of course Stuff NZ is like other mainstream news media are getting their share of the government journalist fund, they work for the Woke Governments Agenda (Gender Diversity-Sexualizing Politicizing NZ Children in Schools ).  People get sucked in all these Woke messages that are lies, told enough to the public through the propaganda machine ‘lies told continuously and often enough become the truth in peoples minds, and tghey act on those lies because they believe its the truth)

As Sean Plunket said “publicly-funded art must serve the national interest, and should be positive rather than critical”. Studd Ne that Stuff NZ does not support or promote free speech which the reporter calls Sean Plunket a ‘free speech advocate’, its  clearly obvious that Stuff NZ opposes the NZ Bill Of Rights 1991 and other International laws that include freedom of expression, freedom of speech, freedom to choose your own political ideology.  Democracy does not exist in NZ, however institutional racial apartheid does and is promoted by the woke far left cultural Marxist Socialist community. I question are we living in a totalitarian state in New Zealand, I personally believe “We sure are and I have no doubt about it”. When the State promotes support ‘brown girls rising up and killing white men (Tusiata’s Poem) and you clearly evidentially see the increased political policing of law abiding citizens, the sovereign people of New Zealand we are definitely living under a Authoritarian Regime of Tyranny.

When the State targets the very young by sexualizing and politicizing them in schools we are on a slippery slope to living under a communist type regime.  It is our duty for the love dignity caring and respect of our children that we as descent law abiding citizens speak out publicly in an effort to protect your children and future generations to come.  One day they may ask you “what did you do to stop us being slaves to this communist regime”. how will you respond? Will you hang your head in shame, or will you stand proud and respond “I did everything in my power to stop this volatile state abuse of our children”. Surely enough is enough, already the state has gone too far. Time right now to NO, NO MORE_KEEP YOUR GRUBBY EVIL HANDS OF OUR CHILDREN NOW”.

Tusiata received an Order Of Merit by the Govt of NZ  for her book ‘The Savage Coloniser’. Its unbelievable NZ taxpayers now pay for Diversity Police Officers in the NZ Police Force.

https://www.stuff.co.nz/national/300826137/poetic-anger-or-racism-in-reverse-the-controversy-over-a-captain-cook-poem

 

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REFERENCES TO LAWS IN NEW ZEALAND.

SOFT LAW: The term soft law is used to denote agreements, principles and declarations that are not legally binding. Soft law instruments are predominantly found in the international sphere. UN General Assembly resolutions are an example of soft law.. For example when NZ signed the Non-Binding UN Agenda 2030 it was accepted by all political cronies in the toilet bowl of Wellington. Soft Law is a stop gap to ‘hard law’- legislations. Ardern entered the UN Agenda 2030 into Domestic Policies, it them became ‘legalized hard law’ (Note not necessarily lawful). Soft Law needs no political consensus, it is just accepted as it is and not opposed in parliament. Hence mobilises a consistent general response without consensus. (Soft law is non-binding)

CONTRACT LAW:Is common throughout the country, some specific court interpretations of a particular element of the contract may vary between the states, countries. In New Zealand there are 5 key elements of a valid contract, a clear offer, unequivocal acceptance, adequate consideration, an intention all parties enter into legal relations under certain terms. Based on the principle that agreements must be honoured

CUSTOMARY LAW:The rulings of Customary Law institutions can be inconsistent, unpredictable and discriminatory. As decisions are often not recorded, and appeals from  decisions may be difficult, there is insufficient monitoring and supervision of their operations. Customary Law: Under the doctrine of aboriginal rights, customary laws or practices of a continuous nature may be granted the force of law by the courts and an associated rights enforced if they have not been extinguished by statute. The four principles of customary law, the general principles of law are laches, good faith, res judicata, and the impartiality of judges. International tribunals rely on these principles when they cannot find authority in other sources of international law. Customary Law is consuetudinary or unofficial law) exists where: a certain legal practice is observed and. the relevant actors consider it to be an opinion of law or necessity (opinio juris).

CIVIL LAW: The term civil law derives from the Latin ius civile, the law applicable to all Roman cives or citizens. Its origins and model are to be found in the monumen- tal compilation of Roman law commissioned by the Emperor Justinian in the sixth century CE. Civil Law covers disputes between individuals, companies and sometimes local or central government. Civil law disputes are generally the cases in court that are not about breaking a criminal law. New Zealand’s civil justice system works in such a way that cases can be resolved through a claims process. What are 4 examples of civil law? Four types of Civil Law deal with Contracts, Property, Family Relations, Civil wrongs causing physical injury or injury to property (tort). Civil law, also known as private law, regulates disputes between private individuals or entities (e.g. companies). It is thus different to cases dealing with matters between individuals and the state, i.e. public law and criminal law. The drawback of Civil Law is that even if previous cases show you should win your case, there is no guarantee a judge will interpret the code in the same way on your case,

COMMON LAW: Began in England in the 11th century with the establishment by William the Conqueror, King of England, of the Kings Courts. The courts, in deciding local disputes, applied local customs. Over time, these customs became rules and were the basis for later courts to make decisions on similar disputes. Henry 11 is recorded as being the alleged ‘Father of Common Law”.  At the centre of common law is a legal principle known as stare decisis, which is a Latin phrase that roughly means “to stand by things decided.” In practice, stare decisis is just a fancy way of saying that courts and judges need to follow earlier decisions and rulings — otherwise known as caselaw. : Much of New Zealand’s law, such as its common law tradition and constitutional framework, has been inherited from the English legal system, which was applied (so far as applicable to the circumstances of New Zealand) in 1840. Independent, fair and efficient courts are an important cornerstone in our democracy. New Zealand has common law, which means judges make legal decisions based on previous judges’ decisions as well as on statutes (written law) passed by Parliament. Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common laws sometimes prove the inspiration for new legislation to be enacted. Common Law is better than Civil Law as it  allows for flexibility allows  judges to be able to respond to future cases, even those that they had not predicted. Common law is independent of political influence, ensures consistency in the legal systems and is clearer in instructions compared to civil law.  Civil law systems are codified statutes predominate.

My Rights Under Common Law:-Blackstone’s Introduction to the Study of the Law and the Constitution lists three primary common law rights: personal security, personal liberty and private property, and auxiliary rights necessary to secure them, such as access to justice.  Common Law protects Human Rights:- These rights and freedoms are protected by the common law principle that legislation should not infringe fundamental rights and freedoms unless the legislation expresses a clear intention to do so and the infringement is reasonable. ‘Firstly Do No Harm’, This harm/noharm distinction at common law cannot be dismissed

NOTE: An interesting case -Judge Wylie (Published 12/3/2020) A High Court Judge opened the door for a new ‘Tort’ laws making corporates responsible for their greenhouse gas emissions. This is related to 2 out of 3 claims made by Climate Change Iwi Leaders Group Chair Mike Smith against Fonterra, Genesis Energy, Dairy Holdings, NZ Steel, Z Energy, NZ Refining and BT Mining. Has had a similar case against the government.

The hearing was to consider the corporates move to strike out the claim could not be reasonable argued. Wylie released a decision saying “while Smith could not proceed on already established rules of negligence and public nuisance, a new area of law could be created. He said “I am reluctant to conclude that the recognition of a new tortious duty which makes corporates responsible to the public for their emissions is untenable. It may, for example, be that the special damage rule in public nuisance could be modified, it may be that climate change science will lead to an increased ability to model the possible effects of emissions”. Smith wanted the court to declare the corporates have caused a public nuisance through their emissions and order they move to ‘zero net’ emissions from their activities by 2030.

The Judge referred to a paper where the Supreme Court chief alongside other judges, states the problem of climate change does not adhere well to established legal doctrine.  “The Common Law method brings stability, but it can also allow for the injection of new ideas and for the creation of a new responses as required” Judge Wiley cited. The statement of claim raises three caused of action, all in tort-public nuisance, negligence and breach of an inchoate duty. Declarations are sought that each of the defendants has unlawfully caused or contributed to the public nuisance alleged or breached duties said to be owed to Smith, Injunctions are also sought requiring each defendant to produce, or cause, zero net emissions from its activities by 2030.

Judge Wylie said “Smith’s negligence claim could not go ahead because there was no proximity between Smith and the Corporates, and that if he ruled in favour, floodgates may open”. He said “”the public nuisance claim was  clearly untenable”

Judge Wylie said “ Even if Smith was successful in his wider claim it would be difficult to craft an injunction which did not clash with Parliament, Government policy and other law. It would in effect have the court acting as regulator requiring specialist no judicial expertise. Meanwhile a High Court judge had declines an application to strike down a judicial review of Thames Coromandel District Councils refusal to sign a ‘climate change’ declaration. Justice Gault also declined the councils bid for security deposit, saying it was in the publics interest for the case to go ahead and the group seeking the review could not afford it.  Justice Gault did not look at the merits of the case, but said “the bar for striking out a judicial review should be hight”. Arguments in the application looked at whether the declaration had any meaningful impact or whether it was simple binary decision for the local Mayor to sign or not. The decision on the Smith case is covered in more detail in the Energy and Environment  documentation

LINKS

https://www.scoop.co.nz/stories/HL2003/S00142/judge-leaves-door-open-on-climate-change-case-just.htm

https://energyandenvironment.net.nz/home.html

 

 

 

 

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