Dear Ministry of Health,

I appreciate that you will likely be under substantial pressure at the moment, and I am happy to discuss this OIA request by phone or email if that would help to reduce your workload.

However, I wish to be sent any advice sent to Medical Officers of Health within the last month (ie. March 2020) on the exercise of their powers under Part 3 of the Health Act and especially sections 70 and 71.

Further, I wish to receive a copy of any administrative guidelines promulgated by the Ministry of Health that may influence the exercise of Medical Officer of Health powers under Parts 3 and 3A of the Act, such as what non-statutory factors ought to be considered, or whether Medical Officers of Health are asked to consult the Ministry or Civil Defence before issuing a directive, order or exercising their powers under sections 70 and 71.

For clarity, I am particularly interested in any guidance or checklists provided to Medical Officers of Health on the exercise of these powers with respect to the Bill of Rights Act 1990 or the possibility of judicial review. I would be happy to receive guidance considered 'legal advice' insofar as this be released consistently with s 9(2)(h) of the Official Information Act. I am not interested in the guidance given to any particular Medical Officer of Health or in respect of any particular instance where the use of these powers may have been considered.

Yours faithfully,

James Adams
Student at the University of Auckland