Pfizer and BioNTech indemnities granted on 5 November 2020

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

The request was partially successful.

From: M.R.M.

Dear Ministry of Health,

Indemnities from any claims that may arise from use of the Pfizer and BioNTech vaccines are sought by pharmaceutical companies when developing a pandemic vaccine, purportedly because of the need to speed up the clinical trial process.

The Government granted Pfizer and BioNTech indemnities on 5 November 2020. This shields Pfizer and BioNTech from any potential legal action over use of their vaccines.

Considering the above statements, please provide me with the following information:-

1. On what date did the Pfizer Covid-19 and the BioNTech vaccine clinical trials end?

2. If the Pfizer Covid-19 and the BioNTech vaccine clinical trials have not yet ended, on what date will they end, or, on what date will they likely end?

3. If the Pfizer Covid-19 and the BioNTech vaccine clinical trials have not yet ended, did Pharmac nonetheless approve their use in New Zealand, and if so under what conditions did this happen?

4. If the Pfizer Covid-19 and the BioNTech vaccine clinical trials have not yet ended, this would mean that they are still in the experimental phase of development. In such circumstances, and with the Government having taken on the liability of claims that may arise from use of the Pfizer and BioNTech vaccines, what laws, regulations, rules, guidelines etc. make it the responsibility of the Accident Compensation Corporation to accept cover of injuries that are in all probability caused by vaccines that have a) not been fully and properly trialed and b) are still in the experimental phase of development?

Yours faithfully,

M.R.M.

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Kia ora,

 

Thank you for your request for official information received on 19 October
2021 for:

 

"1. Has Medsafe approved the safety and efficacy of Novovax vaccines?  If
not, what progress has been made in this area, and, when is this likely to
happen?

 

2.  What are the delivery timeframes of Novovax vaccines currently?

 

3.  Has consideration been given to the use of Novavax vaccines in New
Zealand, and if so what decision has been reached and the reasons for
that.

 

4.  Has a decision been reached not to use Novovax vaccines in New
Zealand, and if so what are the reasons for that.

 

5.  Has a decision been reached not to use Novovax vaccines in New
Zealand, and what are the consequences of agreeing to purchase 10.72
million doses ... in particular will there be  penalties payable for
breaching the agreement by withdrawing from or cancelling the agreement?

 

6.  Noting that it was also disclosed that New Zealand has bought enough
vaccines for the Cook Islands, Niue, Tokelau, Sâmoa, Tonga, and Tuvalu,
and if a decision has been reached not to use Novovax vaccines in New
Zealand, will the abovementioned agreement be honoured by the New Zealand
government through providing one or more of the aforementioned countries
with Novovax vaccines, and, if so what are the reasons for that?

 

7.  What is the cost to New Zealand of buying enough vaccines for the Cook
Islands, Niue, Tokelau, Sâmoa, Tonga, and Tuvalu?  Please provide the
fullest possible answer with cost breakdowns and giving me complete
disclosure of financial estimates, actual costings, etc.

 

8.  Why is New Zealand responsible for buying vaccines for the Cook
Islands, Niue, Tokelau, Sâmoa, Tonga, and Tuvalu when our health workers
have had a 3 year moratorium placed on salary increases, the cost of
living in New Zealand is robbing people of their hard-earned income and
leaving many families hungry, and, - in my opinion - we need to take care
of our own before we take care of anyone else?  Again, please provide the
fullest possible answer with cost breakdowns and giving me complete
disclosure of financial estimates, actual costings, etc.”

 

A secondary request for official information was received on 19 October
2021 for:

 

“..I, and I am certain millions of other Kiwi's do too, want to know what
caused such a radical change as to bring the Government to recently decide
it is now mandatory that teachers and workers in the health and disability
sectors be fully vaccinated as a condition of their employment (when most
if not all of the Individual and Collective Employment Agreements in New
Zealand do not require this as an health and safety related employment
term and condition).

 

Notably too, with the New Zealand Government accepting and acknowledging -
see 2. above - that Covid-19 vaccination is "medical treatment",  can you
please advise me which law or laws in New Zealand compel people to undergo
Covid-19 treatment to address a public health issue but which recognizes
and upholds the right to consent or not to such treatment?

 

Lastly, what is the Government's position in relation to the punitive
measure for non-compliance which has and will continue to see workers
being fired from their jobs for simply exercising their Bill of Rights Act
endorsed right not to receive medical treatment by declining to have a
Covid-19 vaccination?”

 

A third request for official information was received on 19 October 2021
for:

 

1.  On what date did the Pfizer Covid-19 and the BioNTech vaccine clinical
trials end? 

 

2.  If the Pfizer Covid-19 and the BioNTech vaccine clinical trials have
not yet ended, on what date will they end, or, on what date will they
likely end?

 

3.  If the Pfizer Covid-19 and the BioNTech vaccine clinical trials have
not yet ended, did Pharmac nonetheless approve their use in New Zealand,
and if so under what conditions did this happen?

 

4.  If the Pfizer Covid-19 and the BioNTech vaccine clinical trials have
not yet ended, this would mean that they are still in the experimental
phase of development.  In such circumstances, and with the Government
having taken on the liability of claims that may arise from use of the
Pfizer and BioNTech vaccines, what laws, regulations, rules, guidelines
etc. make it the responsibility of the Accident Compensation Corporation
to accept cover of injuries that are in all probability caused by vaccines
that have a) not been fully and properly trialed and b) are still in the
experimental phase of development?

 

The Ministry of Health has consolidated your requests under reference
number: H202114662.

 

As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 17 November 2021, being
20 working days after the day your request was received.

 

Due to the COVID-19 global pandemic response, the Ministry is experiencing
significantly higher volumes of queries and requests for information. 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.

 

Ngâ mihi

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [1][email address]

 

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Kia ora MRM,

 

Please find attached a response to your official information act request

 

Ngā mihi 

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [1][email address]

 

 

 

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Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
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ASE left an annotation ()

The response from MOH seems to be a response to a different OIA Request, not this one.

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Chris left an annotation ()

The response defers the answer regarding clinical trial dates to a web link. This is unacceptable because the information pointed to by the link may change or even disappear in the future. The link does not point to any specific trial, rather many in a list that the applicant is expected to rummage through, also unacceptable. In addition, the link includes search criteria such as "age=7" which will cause results that are currently showing to no longer appear in the list at some point in the future. Answers should be given clearly and unambiguously in the text of the response instead of shirking responsibility onto an external and potentially temporary source.
Regarding the items currently showing in the list, all are either marked as "Recruiting" or "Not yet recruiting" which means these are proposed trials which have yet to even commence testing and are therefore completely irrelevant to the request being submitted. Are you sure this is the best you can do?

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