Former All Black and Sevens legend Eric Rush has been recorded in a heated row with an anti-masker after Rush, who now owns a supermarket in Whangārei, refused her entry.
The encounter at New World Regent on May 20 was shared online by Zeb Jackson, who claims to be an "independent citizen journalist" and built her following during the occupation of Parliament grounds this year.
The video begins with Rush telling Jackson to "get outside" and advising her that he will call police.
Jackson claims that she has a mask exemption but was never asked for it, also telling Rush that she captured that on video.
That part of her visit was not in the video shared, nor has Jackson shared it separately.
"Rory! I've got a security officer touching me," Jackson yells out across the busy supermarket, seemingly unaware that she is speaking to the owner and All Black legend.
Rush also accuses Jackson of "just trying to be a b****".
Zeb Jackson. Photo / Facebook
Elsewhere in the tense encounter, Rush tells Jackson that he is not worried by her "conspiracy theories" and bluntly tells her: "If you can't wear a mask for five minutes don't come here".
Official advice from the Ministry of Health states that while it is inappropriate for a business owner to ask why someone might claim an exemption, it is reasonable for them to ask whether the person has the exemption in the first place.
But because the supermarket is private property, the Trespass Act allows any owner or manager to refuse entry and ask customers to leave. Anyone not leaving at this point is committing trespass, a criminal offence.
As the pair wait for police, Jackson spends some of her time pointing out other unmasked shoppers in the store and approaching some of them to share her story.
One such encounter led to a spirited discussion between Jackson, Rush and another unmasked shopper.
Rush tells the pair that supermarket employees did not enjoy wearing masks either, but were subject to complaints from older shoppers when unmasked shoppers were allowed in.
"We've gotta wear these things eight hours a day, you guys gotta wear them for 10 minutes. You think we like wearing them? We don't like wearing them.
"Then when you guys walk in like this all the kaumatuas get stuck into me because you're not wearing masks," Rush said.
Eric Rush hard at work in 2010. Photo / Richard Robinson
At one point Rush threatens to take her phone and an incensed Jackson tells him that removing her private property would breach her rights, to which Rush responds by telling her that she was on his private property.
"You're quite happy to breach my rights, but you'll moan like anything when yours get breached," Rush tells her.
He tells her she has a "bad attitude" and that his approach to entry to his supermarket is "pretty easy".
"Come in here and be respectful and you'll get it back. Come in here and be what you are and you'll get that back too."
A police officer eventually attends, spelling out the law to Jackson and escorting her from the premises.
Police told the Herald they explained the trespass to Jackson.
Emma Wooster, head of co-operative public relations at Foodstuffs NZ, released a statement to the Herald backing Rush's actions, refuting Jackson's claims that she claimed an exemption and urging shoppers to be respectful.
"We looked into an incident at New World Regent some weeks ago and found the customer wasn't wearing a mask on entry - and when politely offered one to wear in the store by the owner-operator they said they 'preferred' not to wear a mask," Wooster said.
"The customer did not say that they were exempt from wearing a face mask and so they were refused entry and this escalated. Had the customer simply said they had an exemption up front, there would have been absolutely no problem - and what happened next could have been avoided.
"After being provoked and argued with for some 30 minutes while being filmed and then receiving abuse when the video, which is only part of what happened, was shared online, we believe the owner-operator of the store was extremely patient under the circumstances. Our stores have a right to require people to leave due to inappropriate behaviour whether they have a mask exemption or not."
Wooster also had a message for shoppers who took issue with mask requirements.
"We get it can be frustrating, but it's never been, and never will be, okay to give any of our team members a hard time about mask-wearing.
"Our strong view is if you don't agree with mask-wearing when shopping at the supermarket, don't take it out on the very people tasked with making sure you have access to groceries, and be respectful for the job they're doing and the work they put in every day - and be respectful to fellow customers who may need the protection."
