Did Clutha District Mayor Bryan Cadogan break any laws when he made this public Covid jab statement via a Stuff article?
In a particularly disturbing Stuff propaganda Covid jab article by Dunedin journalist Hamish McNeilly, Clutha District Mayor Bryan Cadogan said the following:
"Those who choose not to get vaccinated put people's lives at risk, Cadogan said.
“It is an untenable situation to think that you have the right to not vaccinate.”"
Section 11 of the New Zealand Bill of Rights Act 1990:
D. Non-Derogable Rights 58.
No state party shall, even in time of emergency threatening the life
of the nation, derogate from the Covenant’s guarantees of the right to
life; freedom from torture, cruel, inhuman or degrading treatment or
punishment, and from medical or scientific experimentation without free
consent; freedom from slavery or involuntary servitude; the right not be
imprisoned for contractual debt; the right not to be convicted or sentenced to
a heavier penalty by virtue of retroactive criminal legislation; the right
to recognition as a person before the law; and freedom of thought,
conscience and religion. These rights are not derogable under any conditions
even for the asserted purpose of preserving the life of the nation. 60. The
ordinary courts shall maintain their jurisdiction, even in a time of public
emergency, to adjudicate any complaint that a non-derogable right has been
violated.
There is mounting evidence now, of course, that the Covid jabs were indeed a medical or scientific experiment.
The Clutha District Council appears to have adopted a new Code of Conduct on 27 October 2022. This is to be read in conjunction with the Local Government Act 2002.
Sections 10 and 14 of the Local Government Act 2002 deal with aspects of well-being and looking after community's interests.
The Clutha District Council Code of Conduct lists Values as follows:
3. Values The Code is designed to give effect to the following values:
1. Public interest: members will serve the best interests of the people within their community or district and discharge their duties conscientiously, to the best of their ability.
2. Public trust: members, in order to foster community confidence and trust in their Council, will work together constructively in an accountable and transparent manner;
3. Ethical behaviour: members will act with honesty and integrity at all times and respect the impartiality and integrity of officials;
4. Objectivity: members will make decisions on merit; including appointments, awarding contracts, and recommending individuals for rewards or benefits.
5. Respect for others: will treat people, including other members, with respect and courtesy, regardless of their race, age, religion, gender, sexual orientation, or disability.
6. Duty to uphold the law: members will comply with all legislative requirements applying to their role, abide by the Code of Conduct and act in accordance with the trust placed in them by the public.
7. Equitable contribution: members will take all reasonable steps to fulfil the duties and responsibilities of office, including attending meetings and workshops, preparing for meetings, attending civic events, and participating in relevant training seminars.
8. Leadership: members will actively promote and support these principles and ensure they are reflected in the way in which the Council operates, including a regular review and assessment of the Council’s collective performance.
These values complement, and work in conjunction with, the principles of s14 of the LGA 2002 and the governance principles of s39 of the LGA 2002.
Relationship with the Public:
5.3 Relationship with the public Given the vital role that democratic local government plays in our communities it is important that Council has the respect and trust of its citizens.
To facilitate trust and respect in their Council members will:
Ensure their interactions with citizens are fair, honest and respectful;
Be available to listen and respond openly and honestly to citizens’ concerns;
Represent the views of citizens and organisations accurately, regardless of the member’s own opinions of the matters raised; and
Ensure their interactions with citizens and communities uphold the reputation of the Clutha District Council.
6. Media and social media
The media play an important role in the operation and efficacy of our local democracy. To fulfil this role, the media needs access to accurate and timely information about the affairs of Council. Any failure by member to comply with the provisions of this section can represent a breach of the Code.
1. In dealing with the media elected members must clarify whether they are communicating a view endorsed by their Council, committee, or community board, or are expressing a personal view.
2. Members are free to express a personal view to the media or social media at any time, provided the following rules are observed: o Comments shall be consistent with the Code; o Comments must not purposefully misrepresent the views of the Council or the views of other members; o Social media pages controlled by members and used for making observations relevant to their role as an elected member should be open and transparent, except where abusive or inflammatory content is being posted; and o Social media posts about other members, council staff or the public must be consistent with section five of this Code. (See Appendix A for guidelines on the personal use of social media).
8. Conflicts of Interest Elected members will maintain a clear separation between their personal interests and their duties as elected members to ensure that they are free from bias (whether real or perceived).
Members therefore must familiarise themselves with the provisions of the Local Authorities (Members’ Interests) Act 1968 (LAMIA).
Members will not participate in any Council discussion or vote on any matter in which they have a pecuniary interest, other than an interest in common with the general public. This rule also applies where the member’s spouse/partner has a pecuniary interest, such as through a contract with the Council.
Members shall make a declaration of interest as soon as practicable after becoming aware of any such interests. If a member is in any doubt as to whether or not a particular course of action (including a decision to take no action) raises a conflict of interest, then the member should seek guidance from the Chief Executive immediately.
Members may also contact the Office of the Auditor-General for guidance as to whether they have a pecuniary interest, and if so, may seek an exemption to allow that member to participate or vote on a particular issue in which they may have a pecuniary interest. The latter must be done before the discussion or vote.
Please note: Failure to observe the requirements of LAMIA could potentially invalidate a decision made, or the action taken, by the Council. Failure to observe these requirements could also leave the elected member open to prosecution (see Appendix B). In the event of a conviction elected members can be ousted from office
Non-pecuniary conflicts of interest
In addition to the issue of pecuniary interests, rules and common law govern conflicts of interest more generally. These rules apply to non-pecuniary conflicts of interest, including common law rules about bias.
In order to determine if bias exists or not members need to ask: “Is there a real danger of bias on the part of the member of the decision-making body, in the sense that he or she might unfairly regard with favour (or disfavour) the case of a party to the issue under consideration?”
The question is not limited to actual bias but relates to the appearance or possibility of bias reflecting the principle that justice should not only be done but should be seen to be done.
Whether or not members believe they are not biased is irrelevant.
Clutha District Council Code of Conduct - page 18 Members focus should be on the nature of the conflicting interest or relationship and the risk it could pose for the decision-making process.
The most common risks of non-pecuniary bias are where:
Members’ statements or conduct indicate that they have predetermined the decision before hearing all relevant information (that is, members have a “closed mind”);
and Members have a close relationship or involvement with an individual or organisation affected by the decision. In determining whether or not they might be perceived as biased, members must also take into account the context and circumstance of the issue or question under consideration. For example, if a member has stood on a platform and been voted into office on the promise of implementing that platform, then voters would have every expectation that the member would give effect to that promise, however he/she must still be seen to be open to considering new information (this may not apply to decisions made in quasijudicial settings, such as an RMA hearing).
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