Professional Documents
Culture Documents
______________________________________________________________________
CHRONOLOGICAL SUMMARY,
QUESTIONS OF LAW,
ARGUMENTATION FOR HEALTH-DATA PRIVACY
______________________________________________________________________
AND TO West Coast District Health Board, 146 High Street, Greymouth 7805
[1] Should precedence case law under the Privacy Act be started by
defining/interpreting Principles of “Natural Justice” per SS.6,27(1)
Bill of Rights Act 1990 BORA and S.105(1,2(a)) Human Rights Act
1993 HRA according to article 2.1. of the Universal Democracy
Constitution, in order to reduce the monarch’s courts’ totalitarian at-
will discriminatory discretion:
[8] (to question of law [2]) Similar to the Bill of Rights and the Human
Rights Act, the Privacy Act’s main purpose is to prevent fascistic totalitarian
dictatorship regimes like the Nazi regime and (hereditary) fascistic
dictatorships incl. the British/NZ monarchy, as such generally cause severe
damage to individuals and the wider world population! As the upholding of
such regimes needs the population’s personal data to eliminate critics and
opponents directly or by making their lives unbearable (incl. framing with
wrongful prosecution and imprisonment), the Privacy Act aims to limit such
unrestricted info sharing by these regimes’ officials and activists; Otherwise
its purpose would be unlawfully restricted to window-dressing propaganda.
Health data are probably the most private data, as they can show severe
physical and mental vulnerabilities and habits of individuals that could be
exploited and used for reputation- or direct clandestine assassinations,
including euthanasia that was practiced by the Nazis (and may well be
practiced by the monarchy’s fascists in form of eg. repeated accumulative
administration of the strongest poison 1080 (a Fluor connection) under the
cover of widespread pest control… According to a quote of SIS govt spy
agents in a NZ Herald’s internet publication, the SIS is operating a
“Wrecking Crew”, probably to damage targets’ lives if they cannot be
silenced by lawful means!).
Furthermore, such unrestricted centralized info sharing severely affects the
necessary trust between health professionals and patients, and a consequent
avoidance of the patient to give essential info to these professionals
increases the risk to their lives, which is also an outcome desired by these
regimes…
Therefore the Privacy-Act Principles and provisions need to be interpreted
in favour of enabling the restriction of unnecessary, general and/or
unchecked access and sharing of personal private info by a regime’s officials.
This interpretation frame is to be preferred over any other interpretation
according to S.6 BORA! The law structure already provides for restricted
health data access in cases of dangerous diseases, injuries resulting from
crimes, and fraud.
[9.2] Quote 4) shows that BORA’s democratic values are relevant, not
royal-judicial might-is-right.
[9.3] Quote 5) shows that S.6 BORA (interpretation direction) applies also
to BORA itself, “as a duty of the courts”, synonymous to “must” in quote 6.
[9.4] Quote 6) shows that consistency with BORA “… must be done even
if it involves departure from previous interpretations” (“orthodoxy”…).
[9.5] Quote 7) shows that interpretation consistency with the BORA “…is
to be preferred…”, which is synonymous to “must” in quote 6.
[10] As the raised Health Information Privacy Code Rules 1-4 use the
correlating Privacy-Act Principles’ wording, they do not limit these
Principles and thus effectively do not substitute/overrule them per S.53(a,b).
[13] (to question of law [5]) According to Oxford dictionary 10th edition,
“fair” means in Rule4/Principle 4(a)’s context “treating people equally/just
or appropriate in the circumstances; moderately good”. But as above
rhetoric self-answering law questions show, MoH’s action is based on brutal
power-play-only besides on total control via total info gathering, because
patients are by their very nature under duress when filling-in PHO forms,
and even full payment by them would not change MoH’s data access. This is
neither equal, just, appropriate nor even slightly good treatment of people,
but malicious and therefore wrong in law and against a major public interest!
[14] (to question of law [6]) The Privacy Act’s requirement of the
signature of the Governor-General should not be interpreted as
rubberstamping of anti-privacy govt policies, but as a safeguard against
undermining the Privacy Act in a way hidden from the public and its
parliamentary representatives in the opposition. For this purpose S.96N-Y
involves the Privacy Commissioner (at present a corrupt govt crony) and
other safeguard procedures. Therefore MoH and PHO acted wrong in law
by ignoring and thus invalidating S.96!
[15] A govt-institutional official affidavit about temporary self-limited
computer access is as deceivingly worthless as former Prime Minister
Shipley’s promise that her National-Party fascist govt will not spy on
NewZealanders as long as she is P.M., under her generous law allowing
spying if NZ’s economic interests are affected – she didn’t last, and later
govts whitewashed such spying by law, because they could not hide it
anymore! For nation-internal espionage the government needs no separate
shit-sniffing SIS spy agents, because its ministries are doing this job!
Every official knows extremely well that the monarch’s govt has total power,
that the judges are appointed by the govt, and that they will do all to
invalidate the statutory law and protect the govt institutions from law suits –
criticizing such govt power and practices would result in their removal from
official position! External checks & balances are needed (see point [18])!
[16] Remedies
As a consequence of breaching these Rules and Privacy-Act Principles, MoH
and PHO have in a collaborative way interfered with the plaintiff ’s privacy
per S.66(1(a(i)) with (b(ii,iii))); The adverse affects are described in a letter to
the Privacy Commissioner dated 28/10/15. Compensation of the
victim/plaintiff is required for humiliation, loss of dignity, injury to feelings,
and to prevent repetitions of such unlawful behavior in the general public
interest as a Natural-Justice principle. Proof of a specific or even any
intent is inherently not required, but obviously exists.
An order should also be made to issue new NHI numbers by DHB, and to
restrain DHB from sharing the NHI personal details to MoH.
Distribution of corrective payment: 60-70% by MoH for insisting on
breaches, the rest by DHB for complicency without informing clients.
[17] Costs
Due to the constitutional powers of the Tribunal to correct the
discriminatory invalidation/limitation of the Costs In Criminal Cases Act
against effort costs of self-represented persons contrary to the victim-
supporting Natural-Justice principle, the appellant applies for such costs for
pursuing this claim These effort costs could be included in the remedies
above much like the Tribunal did in the Privacy-Act case [2012] NZHRRT
15 point [107], but be preferably dealt with under guidance of SS.4(1,4),11
of this Costs Act. It is grossly unjust that an unsuccessful person is liable to
pay the other party’s lawyer costs, while a successful person cannot get
compensation for his own efforts to bring/defend a case, which the Police
and govt exploits with drawn-out processes and unjust charges!
______________________________________________________________________
[0.1.] The HRRT chairman’s minute 20/3/17 allowed the defendant to file
further evidence on the point that the plaintiff stated that the MoH can
access his personal clinical health data, and that “secret” data matching is
both possible and likely.
MoH subsequently filed a further affidavit 3/4/17 that is meant to deny the
above statement and prove the necessity of health-data matching, but in fact
and logic proves it to be true and this data matching unnecessary and thus
unlawful per Privacy-Act Principle 1/Privacy-Code Rule 1! The plaintiff only
received it after he notified the Tribunal of not having received it…
[0.2.] In the proceeding and hearing MoH did not defend any of the claim’s
law questions/issues, but diverted attention by incorrectly pretending that
the claim questions the lawfulness of the NHI number. However, it was also
clarified that the NHI has the purpose of making health data anonymous
on-the-face-of-it, and that consequently its use (data collection) by MoH
must retain this anonymity.
[0.3.] In point 14.13. this affidavit also proves that such MoH data
matching is also unlawfully undertaken on mental-health and
addiction activities, outcomes and clinical information provided by
non-governmental organisations (NGOs) like the Salvation Army and
other voluntary common-good groups, which have recently publicly
voiced objections against the government’s plans to create a privacy-
removing data-sharing highway and force them to provide such info
that would remove the necessary trust basis between them and
persons seeking their help. This protest proves that such NGOs and
their clients do not know this presently hidden and therefore indeed
”secret” and unlawful practice!
[1.] Points 3.- 14.13. below refer directly to the MoH’s affidavit points
for clarity, and deviate therefore from the standard incremental point
numbering of court documents per High-Court Rules.
[3.,4.] The issue is not about there being a “secret” data-matching system,
but whether MoH can or does match personal health data with the NHI at
will, which is well-established that it can and does.
[8.] S.136 Mental Health Act states that other laws are not limited etc. by it
unless expressly provided by it; There is no such provision regarding the
Privacy Act nor MOH that allows the misuse of the Mental Health Act for
pre-emptive general NHI-health-data matching! The Director of Mental
Health can by law explicitly require (mental-health) clinical notes of
compulsory mental-health (incl. temporary) patients to be provided directly
from the involved DHBs, but this must be done without forcing the
permanent provision of all person-matched (NHI-)health data! The director
appointment per SS.91,92 show why NZ’s governments dangerously misuse
the mental health service as an out-of-court submission- and detention tool!
[10.] It is misleading to state that any use of the National Collection (of
health data) must be permitted by the Privacy Act; Such National Collection
that matches personal details and health data via NHI is in itself already a
use of private info, and is also unnecessary and thus wrong in law as proven
in the proceeding and below.
[14.1.,14.12.] Here MoH admits that the National Collection (of health
data) contains personal details matching the NHI, which initiated this case;
This is unnecessary to collect for PHO enrollments and fee-for-service
payments made to doctors and nurses, because the NHI alone would suffice:
[14.4.] Here again there is no need for data-matching collection to achieve
Elective Services Patient Flow Indicators, because the NHI alone would
suffice -- DHBs require sufficient official proof of eligibility for subsidies…
[14.10.] The Cancer Register Act does not allow the removal of Privacy-Act
Principles, or require the unnecessary removal of anonymity of the NHI.
[14.1. to 14.13.] The defendant has not shown that personal data are
essentially necessary for the purpose of its function/activity regarding the:
General Medical Subsidy Collection
Laboratory Claims Collection
Mortality Collection (with regard to living patients)
National Booking Reporting System Data Warehouse
Elective Services Patient Flow
National Immunisation Register
National Maternity Collection
National Minimum Dataset
National Non-Admitted Patient Collection
National Patient Flow
New Zealand Cancer Register
Pharmaceutical Collection
Primary Health Organisation Collection
Programme for the Integration of Mental Health Data;
[15] Conclusion
[15.1.] If there appears a true necessity for collecting personal details with
matching of health data, then this should not use the NHI with its general
all-including health-data provision, but use a separate collection of data
limited to that specific purpose. After all, one privacy breach involving the
NHI number breaches a patient’s health-privacy rights across the board!
[15.2.] The plaintiff emphasized that the MoH has effectively not provided
any relevant defence to the law questions/issues of the Statement of Claim,
only red-herring regurgitations of NHI/data-collection details that were not
disputed; It has certainly not provided any defence/justification regarding
Principle (1) Privacy Act, which requires that the collection of information
must be necessary for the lawful purpose connected to the agency’s
function/activity. “Activity” must be limited/interpreted to a similar
meaning as “function”, because otherwise the Privacy Act would be invalid
by design, and would prove to be a tool to mislead the general public, which
would justify a (violent) revolution against the monarch to achieve the much-
needed constitutionally safeguarded democracy (see the Universal
Democracy Constitution); The Privacy Act’s Principles must be deemed to
contain privacy rights per SS.6,28 Bill of Rights Act 1990, which is
supported by this proceeding being under the Human Rights Act and
Human Rights Review Tribunal.
______________________________________________________________________
AND TO Official Assignee (No 881705), Private Bag 4714, Christchurch 8140
______________________________________________________________________
[1.] The HRRT unlawfully intended to burden the bankrupt plaintiff with
costs for its unlawful decision that removed his privacy rights and rightful
access to taxpayer-funded healthcare, because he did not inform the
Tribunal earlier about his bankruptcy, nor did he ask the official bankruptcy
assignee for permission to continue this Privacy-Act human-rights case.
However, the defendant then withdrew the cost demand.
[2.] The Insolvency Act cannot and does not make general court
proceedings (incl. Crimes-Act and Human-Rights-/Privacy-Act proceedings,
also against discrimination or health-care removal) dependent on a non-
judicial assignee’s approval – Only court proceedings to recover any
provable debt directly related to the bankrupt’s assets require approval, but
by the High-Court! Fines, penalties, sentences incl. reparations are explicitly
not provable debt per Insolvency Act, and can be asked for in private
criminal proceedings, like in the Human-Rights-Act proceeding below:
[3.] The criminally corrupt chairman Rodger Haines showed not only gross
incompetence, but also deliberate memory loss: In his Tribunal decision
[2014] NZHRRT 17 (a Human-Rights-Act discrimination case by the
plaintiff, see https://www.scribd.com/document/338734323/App-Z-
Human-Rights-Act-Appeal-deactivated-by-the-Supreme-Court-pdf) he
even cited the Insolvency Act’s relevant sections, but then refused to make a
clear decision that prevents bankrupts to evade criminal proceedings with
potential fines-punishment that would have to be paid from their income,
even if only by instalments!