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Covid-19 Public Health Amendment Act and "requirement that someone is vaccinated"

M.R.M. made this Official Information request to Ministry of Health

This request has an unknown status. We're waiting for M.R.M. to read a recent response and update the status.

From: M.R.M.

Dear Ministry of Health,

Labour recently passed - under urgency - the Covid-19 Public Health Amendment Act. It was said - I believe by Megan Woods (MP) in Parliament at that time: "A critical part of this legislation is making sure that it is future proofed. That this is a rapidly evolving global situation. It could, in the future, include the requirement that someone is vaccinated ... if there is access to a vaccine in the future, and that is something the legislation will have the legal framework to allow for."

Can you please, under the Official Information Act, provide me with the following information:

1. A snippet of the relevant part of the legislation that will allow, in the future, the inclusion of a requirement that someone be vaccinated (be that for Covid-19 or any other disease).

2. Copies of all information related to how the government, including the Ministry of Health, is proposing or planning to change the NZ Bill of Rights Act to allow for the requirement that someone be vaccinated when the NZ Bill of Rights Act provides the right to refuse such medical treatment.

3. If the government, including the Ministry of Health, is not proposing the abovementioned change, then copies of all information related to how the government, including the Ministry of Health, is proposing or planning to circumvent the NZ Bill of Rights Act right to refuse medical treatment including vaccination.

Yours faithfully,

M.R.M.

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From: M.R.M.

Dear Ministry of Health,

If you are not able to provide me with a copy of a snippet - refer clause 1. - then please provide me with the relevant details of a) the correct title of the relevant amendment act, b) a link where I can access and read same, and c) the relevant clause/s and/or sub-clauses.

Yours faithfully,

M.R.M.

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Mr Rodgers left an annotation ()

Any statue or regulation is publicly available on the PCO website. Here's your act:
http://www.legislation.govt.nz/act/publi...
Section 11 tells you what the Act can do, no mention of mandatory vaccination and sections: 9, 13, and 32C limit the Act in light of the Bill of Rights Act.

Here's a list of the Covid Orders:
http://www.legislation.govt.nz/all/resul...
Again no mention of vaccination

Link to this

Mr Rodgers left an annotation ()

But, wait, there's more...

I had a closer look at the Act as enacted and as amended by the amendment act of which you speak. The amendment actually *strengthened* the Bill of Rights protections.

You aren't going to get any substantive answer on your paranoid query other than a s18(e) response - the information does not exist.

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Ministry of Health


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Kia ora

Thank you for your request for official information received on 28 August
2020 for:

" Labour recently passed - under urgency - the Covid-19 Public Health
Amendment Act. It was said - I believe by Megan Woods (MP) in Parliament
at that time: "A critical part of this legislation is making sure that it
is future proofed. That this is a rapidly evolving global situation. It
could, in the future, include the requirement that someone is vaccinated
... if there is access to a vaccine in the future, and that is something
the legislation will have the legal framework to allow for."

Can you please, under the Official Information Act, provide me with the
following information:

1. A snippet of the relevant part of the legislation that will allow, in
the future, the inclusion of a requirement that someone be vaccinated (be
that for Covid-19 or any other disease).

2. Copies of all information related to how the government, including the
Ministry of Health, is proposing or planning to change the NZ Bill of
Rights Act to allow for the requirement that someone be vaccinated when
the NZ Bill of Rights Act provides the right to refuse such medical
treatment.

3. If the government, including the Ministry of Health, is not proposing
the abovementioned change, then copies of all information related to how
the government, including the Ministry of Health, is proposing or planning
to circumvent the NZ Bill of Rights Act right to refuse medical treatment
including vaccination.

If you are not able to provide me with a copy of a snippet - refer clause
1. - then please provide me with the relevant details of a) the correct
title of the relevant amendment act, b) a link where I can access and read
same, and c) the relevant clause/s and/or sub-clauses."

The Ministry's reference number for your request is: H202006647.

As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 25 September 2020,
being 20 working days after the day your request was received.  

If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.

If you have any queries related to this request, please do not hesitate to
get in touch.

Ngā mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

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Ministry of Health


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Kia ora

I am writing further to your request for official information:

" Labour recently passed - under urgency - the Covid-19 Public Health
Amendment Act. It was said - I believe by Megan Woods (MP) in Parliament
at that time: "A critical part of this legislation is making sure that it
is future proofed. That this is a rapidly evolving global situation. It
could, in the future, include the requirement that someone is vaccinated
... if there is access to a vaccine in the future, and that is something
the legislation will have the legal framework to allow for."

Can you please, under the Official Information Act, provide me with the
following information:

1. A snippet of the relevant part of the legislation that will allow, in
the future, the inclusion of a requirement that someone be vaccinated (be
that for Covid-19 or any other disease).

2. Copies of all information related to how the government, including the
Ministry of Health, is proposing or planning to change the NZ Bill of
Rights Act to allow for the requirement that someone be vaccinated when
the NZ Bill of Rights Act provides the right to refuse such medical
treatment.

3. If the government, including the Ministry of Health, is not proposing
the abovementioned change, then copies of all information related to how
the government, including the Ministry of Health, is proposing or planning
to circumvent the NZ Bill of Rights Act right to refuse medical treatment
including vaccination.

If you are not able to provide me with a copy of a snippet - refer clause
1. - then please provide me with the relevant details of a) the correct
title of the relevant amendment act, b) a link where I can access and read
same, and c) the relevant clause/s and/or sub-clauses."

As set out in section 12 of the Official Information Act 1982 (the Act),
if you wish to pursue obtaining information that is not in the public
domain, you may be asked to provide evidence that you meet the
requirements of the Act, as set out below.

Section 12
(1) Any person, being—
(a) a New Zealand citizen; or
(b) a permanent resident of New Zealand; or
(c) a person who is in New Zealand; or
(d) a body corporate which is incorporated in New Zealand; or
(e) a body corporate which is incorporated outside New Zealand but which
has a place of business in New Zealand,—

If you are requesting information through FYI.org.nz, please be advised
that copies of your personal ID may be published on this website. The
Ministry recommends that you send us this information privately through
[email address]

If you could please provide a response by 8 September 2020 so the Ministry
can proceed with processing your request.

Please note that if we do not receive a response from you by this date,
your request will be withdrawn.

For further information about the Act, please refer to the New Zealand
Legislation website:
[1]http://www.legislation.govt.nz/act/publi...

Please feel free to get in touch if you have any queries.

Ngâ mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

From:        OIA Requests/MOH
To:        [FOI #13611 email]
Cc:        OIA Requests/MOH@MOH
Date:        31/08/2020 10:10 am
Subject:        Acknowledgment of your request for official information
(ref: H202006647)
Sent by:        Catherine Simpson

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References

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1. http://www.legislation.govt.nz/act/publi...

Link to this

From: M.R.M.

Dear Ministry of Health,

The request that I prove my identity is considered frivolous and vexatious. Please refer to https://fyi.org.nz/request/13503-the-rig... where I made a request merely days ago and which information was provided without any request for me to prove my identity.

My wife and I are both New Zealand citizens and it is extremely offensive to us to be asked to provide evidence of this fact.

Ask yourself this simple question please ... why would I be provided information in response to the above quoted information request without being asked to prove my identity, but now - with the 2nd information request - I am asked to prove my identity. Makes no sense, right? Well then please let sense prevail and provide me - again - with the requested information. In any event, I had to provide my personal identifying information to FYI to enable me to register/sign up with them.

I am absolutely, as is my wife, a New Zealand citizen and the aim and purpose of using the FYI website is to protect our identities and allow your responses to be publicized so that all New Zealander's can educate themselves as to what the government is doing and planning.

Yours faithfully,

M.R.M.

Link to this

From: M.R.M.

Dear Ministry of Health,

Pursuant to my earlier reply of today's date;

I have read Section 12 of the Official Information Act 1982 (the Act).

You stated in your response: "... if you wish to pursue obtaining information that is not in the public domain, you may be asked to provide evidence that you meet the
requirements of the Act, as set out below
Section 12
(1) Any person, being—
(a) a New Zealand citizen; or
(b) a permanent resident of New Zealand; or
(c) a person who is in New Zealand; or
(d) a body corporate which is incorporated in New Zealand; or
(e) a body corporate which is incorporated outside New Zealand but which
has a place of business in New Zealand,—"

Nowhere in Section 12, of for that matter anywhere else in the Official Information Act 1982, is there any express or implied wording that supports your claim that I "may be asked to provide evidence that you (I) meet the requirements of the Act ..." as quoted by you.

Rather Section 12(1) states - and very clearly - that "any person, being" of the group described in (a) to (e) above "may request a department or Minister of the Crown or organisation to make available to him or it any specified official information." According I will be compelled to complain to the Ombudsman about this matter should you wrongly insist on me providing you with evidence that I am of the group described in (a) to (e) above.

Yours faithfully,

M.R.M.

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Rich Seager (Account suspended) left an annotation ()

Mr Rodgers,

keep your subjective insults to yourself, there's no need to add paranoid as above.

This site is harshly policed isn't it. I'm surprised it's still here but I guess, by hosting it, it helps the NZ Herald get information that might make it onto their pages.

Rich

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Mr Rodgers left an annotation ()

The OP made the same question to the same department on 11 August. He got a reply on 26 August.

On 28 August he asked again, maybe not paranoid but....

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Ministry of Health


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Kia ora M.R.M

As noted in the Ombudsman guidance, agencies are entitled to make
reasonable enquiries to satisfy themselves that a requester is eligible to
make a request under the Official Information Act 1982.

Please supply evidence that you meet the requirements of the Act. The
Ministry recommends that you send this information privately through
[email address]

Ngā mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

From:        "M.R.M." <[FOI #13611 email]>
To:        "OIA/LGOIMA requests at Ministry of Health" <[Ministry of Health request email]>
Date:        03/09/2020 10:46 am
Subject:        Re: Further information required, (ref: H202006647)

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References

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[3]http://scanmail.trustwave.com/?c=15517&a...

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Please use this email address for all replies to this request:
[FOI #13611 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://scanmail.trustwave.com/?c=15517&...

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

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References

Visible links
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2. http://www.legislation.govt.nz/act/publi...
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Link to this

From: M.R.M.

Dear Ministry of Health,

I have noted your insistence that I provide you with proof of eligibility to receive the requested information. I reiterate that this is frivolous and vexatious. Nonetheless I have read the Ombudsman's online (especially FYI) information requests guidelines and am willing to provide you with a copy of my latest pay advice. This will prove to you that I am working for a New Zealand employer. It is of course redacted to protect my personal identifying information.

I confirm, once again, that I am a New Zealand citizen and that I have a legal right to be provided with the requested information.

I am unable to e-mail you the information as FYI deletes e-mail addresses from all communications at its website. There you need to provide me with a postal address where I should send the evidence to and I will attend to that as soon as I receive this information from you.

Yours faithfully,

M.R.M.

Link to this

From: M.R.M.

Dear Ministry of Health,

Update to the abovementioned message.

FYI has kindly provided me with your e-mail address. In sending you the requested proof of my eligibility I am using a pseudenoym e-mail address to protect my identity. Once you receive this information please conclude my information request.

Yours faithfully,

M.R.M.

Link to this

From: M.R.M.

Dear Ministry of Health,

On 7 September 2020, as I indicated in the message above this one, I e-mailed you proof that I am employed in NZ. Please confirm in response that you are working on providing me with the requested information.

Yours faithfully,

M.R.M.

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Ministry of Health


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Kia ora M. R. M.

We have reviewed the evidence that you provided and have concluded that
this does not satisfy section 12 of the Official Information Act 1982.
Your request has been withdrawn and is now deemed closed.

If you could please supply proof of your identification, we will re-open
your request.

Ngā mihi
 
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

From:        "M.R.M." <[FOI #13611 email]>
To:        "OIA/LGOIMA requests at Ministry of Health" <[Ministry of Health request email]>
Date:        10/09/2020 10:31 am
Subject:        Re: Further information required, (ref: H202006647)

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Dear Ministry of Health,

On 7 September 2020, as I indicated in the message above this one, I
e-mailed you proof that I am employed in NZ.  Please confirm in response
that you are working on providing me with the requested information.

Yours faithfully,

M.R.M.

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Mr Rodgers left an annotation ()

I think your original question is fallacious but nevertheless you have the right to ask it and MoH are giving you the run-around — I would be laying a complaint with the Ombudsman

Link to this

From: M.R.M.

Dear Ministry of Health,

I have now e-mailed you a second document, this time a copy of my NZ passport (redacted for privacy reasons) which clearly shows my initials "M R M" that match my FYI registration initials.

Please can you confirm in response, and without unnecessary delay, that you are now proceeding with completing my information request.

Yours faithfully,

M.R.M.

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Ministry of Health


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Kia ora M. R. M

The evidence you have provided is not sufficient and does not meet the
section 12 requirements.

Your request has been withdrawn and is now deemed closed.

Under section 28(3) of the Act, you have the right to ask the Ombudsman to
review any decisions made under this request.

Ngā mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

From:        "M.R.M." <[FOI #13611 email]>
To:        "OIA/LGOIMA requests at Ministry of Health" <[Ministry of Health request email]>
Date:        18/09/2020 12:50 pm
Subject:        Re: Further information required, (ref: H202006647)

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Dear Ministry of Health,

I have now e-mailed you a second document, this time a copy of my NZ
passport (redacted for privacy reasons) which clearly shows my initials "M
R M" that match my FYI registration initials.

Please can you confirm in response, and without unnecessary delay, that
you are now proceeding with completing my information request.

Yours faithfully,

M.R.M.

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From: M.R.M.

Dear Ministry of Health,

You have refused my information request for the reason that the two lots of information I have provided to yourselves - that a) evidence I am employed by a District Health Board in New Zealand, and b) evidence I am a New Zealand citizen, do not meet the requirements of Section 12.

This is a frivolous and vexatious refusal. Crucially, it is also without legal foundation because there is NO requirement under Section 12, or anywhere else in the Official Information Act for that matter, which allows you to demand that I prove I am a New Zealand citizen or permanent resident, etc. Furthermore, there is NO provision in the Official Information Act for you to refuse my information request for the reason that you have done.

I am extremely aggrieved that you have decided to follow this course of action, and especially after my first information request to the Ministry of Health through this was concluded without me being asked to comply with a section of the Official Information Act that DOES NOT EXIST.

I am requesting that you now provide with the grounds in support of the reason you have given me for refusing my information request, and, that you quote the actual section and sub-section/s of the Official Information Act under which you made this decision and conveyed it to me.

Yours faithfully,

M.R.M.

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Ministry of Health


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Dear M. R. M.

Unfortunately the information you have provided does not constitute proof
to satisfy the Ministry of your eligibility under Section 12 of the OIA.
Your questions have not been treated as a request for information made
under the OIA. Any future requests will be treated in the same manner
until satisfactory proof is received.  

However, in the interests of providing you with reasonable assistance,
here is some information. You asked about legislation and COVID-19
vaccine. The development of a safe and effective vaccine is a crucial tool
in New Zealand's ongoing response to COVID-19. But please be advised that
no immunisations in New Zealand are compulsory and there are no plans to
make a potential COVID-19 vaccination compulsory.  

Kind regards

   

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

From:        "M.R.M." <[FOI #13611 email]>
To:        "OIA/LGOIMA requests at Ministry of Health" <[Ministry of Health request email]>
Date:        21/09/2020 12:38 pm
Subject:        Re: Further information required, (ref: H202006647)

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Dear Ministry of Health,

You have refused my information request for the reason that the two lots
of information I have provided to yourselves - that a) evidence I am
employed by a District Health Board in New Zealand, and b) evidence I am a
New Zealand citizen, do not meet the requirements of Section 12.

This is a frivolous and vexatious refusal.  Crucially, it is also without
legal foundation because there is NO requirement under Section 12, or
anywhere else in the Official Information Act for that matter, which
allows you to demand that I prove I am a New Zealand citizen or permanent
resident, etc.  Furthermore, there is NO provision in the Official
Information Act for you to refuse my information request for the reason
that you have done.

I am extremely aggrieved that you have decided to follow this course of
action, and especially after my first information request to the Ministry
of Health through this was concluded without me being asked to comply with
a section of the Official Information Act that DOES NOT EXIST.

I am requesting that you now provide with the grounds in support of the
reason you have given me for refusing my information request, and, that
you quote the actual section and sub-section/s of the Official Information
Act under which you made this decision and conveyed it to me.

Yours faithfully,

M.R.M.

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