curious

The decision doesn't per se but the precedent does imo. However, it only applies where orders such as this are not made for substantive public health reasons and there is little evidence of that and even then it would need to also require a booster shot to have much effect for that purpose. It can not be made for the purpose of continuity of business as was the case here. I don't think the NZTR mandates are any different. [106] COVID-19 clearly involves a threat to the continuity of Police and NZDF services. That is because the Omicron variant in particular is so transmissible. But that threat exists for both vaccinated and unvaccinated staff. I am not satisfied that the Order makes a material difference, including because of the expert evidence before the Court on the effects of vaccination on COVID-19 including the Delta and Omicron variants. [107] I should make it clear what this case is not about. The Order being set aside in the present case was not implemented for the purposes of limiting the spread of COVID-19. Health advice was that such a further mandate was not needed for this purpose. Neither should the Court’s conclusion be understood to question the effectiveness and importance of vaccination. The evidence shows that vaccination significantly improves the prospects of avoiding serious illness and death, even with the Omicron variant. It confirms the importance of a booster dose given the waning effect of the first two doses of the vaccine.

Of course, the Crown may yet appeal this decision butI think it effectively does become the rule for everyone in the meantime. It creates a legal precedent and if other employers don't follow that, they are likely to become subject to similar legal action surely.

Justice Cooke upheld the applicants’ claims that two rights in the New Zealand Bill of Rights Act 1990 had been limited by the mandate – the right to refuse a medical treatment and the right to manifest religious beliefs. “I accept [the lawyers] submission, however, that an obligation to receive a vaccine which a person objects to because it has been tested on cells derived from a human foetus, potentially an aborted foetus, does involve a limitation on the manifestation of a religious belief in “observance, practice, or teaching” of religion.” He found the limitation of their fundamental rights was not reasonable, and demonstrably justified in a free and democratic society. “I am not satisfied that the Crown has put forward sufficient evidence to justify the measures that have been imposed, even giving it some benefit of the doubt.

You'd think that NZTR would now move immediately to scrap all the vax pass requirements. They never understood the science and even in their latest Traffic Light missive they are still saying that we "must continue to prove that we can keep all participants safe and eliminate, or mitigate to the greatest possible extent, the risk of transmission of COVID-19." Clearly, from the above data vaccination not only doesn't do that but probably does the opposite. The data above is also consistent with that from the UK and Aus.

Hmmm ... almost double. And that pretty much correlated with the omicron takeoff.

Where did you get that data Chief?

Yes. I'm referring to their red light rules.

It is NZTR policy.

Yes, at a private training facility or a club facility that meets the above criteria and has decided to allow that.

The Alert Level protocols will be enforced by the Government through its various agencies including the Police, WorkSafe New Zealand (WorkSafe) and the Ministry for Primary Industries (MPI). Contact tracing is essential and NZTR requires that you download the NZ COVID Tracer App to and use every time you are at a racecourse or training venue. Participants and attendees are also now required to download or print off their record of double vaccination “My Vaccine Pass” which must be used to ensure entry to a meeting. As these are not classified as ‘events’ NZTR is not mandating a double vaccination requirement for activities other than race or trial meetings. Rather employers or training venues are entitled to undertake a risk assessment to determine whether or not they must mandate a double vaccination requirement upon their staff, contractors or visitors to their site.

That's true. Quite agree. That's not entirely true. If there are generally <15 people and no jockeys on course it is up to the club to decide that, subject to a Workplace Risk Assessment and relevant consultation.

I got another horse after an 8 year spell with the hope I could have the thrill of winning one more race before they carry me out of here in a box and so I could maybe get away for a few days with him to Marlborough or Wairoa and now if we move back south this year, maybe the coast. Most of that incentive has now been taken away and if the coast goes too, that will be it for me.

Next year! And hopefully win one this time

Very sad to hear that Jason. Even more sadly the whole game goes from bad to worse with the decisions being made.

That would be magic but most of us don't have those resources. Why do you think we use beach work? Because they have 10 minutes in the water to cool down joints and ligaments after the work? Why does Freda give my horse a couple of laps in the pool after a gallop? Why do you see super rugby athletes on the sideline with icepacks on when they come off the field? It's a centuries old recovery tool. What level you do it at obviously depends on resources but yes, you still need it in a Riccarton winter though the lower temps help. Why does Waller do it? He didn't come down in the last shower. But my point was this is nothing novel.

Chilli bin and a tube of bute.

A box of these and a fridge freezer in the tack room is a reasonable alternative for us poor people.

Been doing it since the eventing days 50 years ago. Catch up. You can buy ice at the local service station and I'd do it on the way home anyway. Sea is a good alternative when you get there.

Why is that interesting? That or something similar would be usual wouldn't it?

Yes. So, they should be able to sell back their lease and race elsewhere. Pretty hopeless staying there given the state of the track for decades now with no investment in reconditioning it like most tracks in the country.

Well if they don't have any assets then maybe they should close down and let the clubs with assets carry on.

They wouldn't unless there was some arrangement made to that effect

Don't you think it would be better for the city though to sell up and for Taranaki racing to relocate to Stratford and/or Hawera?

Yeahh, that's why I would want to own a whole horse, maybe a couple, not just a share in one. Greedy I know.

All good. True. All good!