Kia ora,

 

Thank you for your Official Information Act (the Act) request. This is
an automatic reply to let you know we received it.

 

Due to the COVID-19 global pandemic response, the Ministry is experiencing
significantly higher volumes of queries and requests for information. We
will endeavour to acknowledge your request as soon as possible. Further
information about COVID-19 can be found on our
website: [1]https://www.health.govt.nz/our-work/dise...

 

In accordance with the Act, we'll let you know our decision within no more
than 20 working days. If you'd like to calculate the timeframe, you can
use the Ombudsman's online calculator
here: [2]http://www.ombudsman.parliament.nz/

If you have any questions while we're processing your request, please let
us know via [3][email address]

 

Ngā mihi  

OIA Services Team  

   

[4]Ministry of Health information releases  

[5]Unite against COVID-19 

 

 

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Tçnâ koe Annie, 

 

Thank you for your email. 

 

The Ministry stands by its decision to withhold this information under
section 9(2)(b)(ii) of the OIA, where its release would likely
unreasonably prejudice the commercial position of the person who supplied
the information. The terms and conditions included in the agreement with
Pfizer are commercially sensitive to Pfizer and may prejudice their
commercial position if released. Although the Ministry appreciates the
high degree of public interest in its vaccination programme and the Pfizer
vaccine, this does not outweigh the need to protect information.

 

Also please note that while the OIA enables people to request official
information from the Ministry, it only applies to information it holds.
There is no obligation to create information or compile information it
does not hold in order to respond to requests, nor is the Ministry obliged
to provide or prove an opinion.

 

As you were advised in our previous response to your request, under
section 28(3) of the Act, you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [email address] or by calling 0800 802
602.

 

 

Ngâ mihi

 

OIA Services Team

[1]www.health.govt.nz

[2]Ministry of Health information releases

[3]Unite against COVID-19

 

 

 

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From: Annie Weston <[FOI #17633 email]>
Sent: Saturday, 20 November 2021 13:08
To: OIA Requests <[email address]>
Subject: Official Information request - Informed Consent #2

 

Dear Ministry of Health,

I requested a copy of the terms and conditions of Pfizer’s contract with
NZ. 

I specifically did not request commercially sensitive information.

You replied that you were unable to provide a copy due to commercial
sensitivity, that its release would unreasonably prejudice the commercial
position of the person who supplied that information, and that it would
likely damage public interest.

My questions are listed below:

1) What is commercially sensitive about the terms and conditions you
signed the NZ taxpayers up to?

2) Surely the person that is supposed to supply that information is a
nameless faceless Govt bureaucrat.

3) If they are nameless and faceless how can they be prejudiced against?

4) Who in the NZ Govt is in a commercial position for supplying
information?

5) How does public knowledge of the terms and conditions damage public
interest?

On 18th November 2021 on 1 NEWS at Six Jacinda Ardern said, and I quote:

“People unfortunately are being given information that’s inaccurate and
they’re making decisions based on that”.

I am asking for accurate information please so I can make an informed
decision on whether to take an experimental vaccine.

If I am given information from the “single source of truth” then clearly
I’ll be informed. 

If I’m prohibited to know that information then clearly I’m not informed.

Unless I’m told otherwise then I will believe the potential misinformation
on contracts with Pfizer that is freely available on the internet, eg:

1) If another drug is found to treat Covid then the contract with Pfizer
cannot be voided.  This would explain the NZ Govt’s prohibition of the use
of Ivermectin or any other safe, effective, inexpensive out-of-patent
prophylactic or early treatment.

2) The purchaser acknowledges that the long-term effects and efficacy of
the vaccine are not currently known and that there may be adverse effects
of the vaccine that are not currently known.

3) The state must defend Pfizer - therefore the NZ Govt must assume
conduct and control of the defence of any indemnified claims on behalf of
Pfizer.  There is no limit to the liability of a particular country.

4) Sovereign immunity is waived and assets can be used as collateral
against the cost of any future legal cases against Pfizer.

5) Any intellectual property infringements eg: on patents, that Pfizer
might commit are the responsibility of the Govt purchasers.  But Pfizer
does not guarantee that its product does not violate third-party IP or
that it needs additional licenses.

6) Arbitration not courts are to decide contractual disputes and they must
be kept confidential.

7) The contract must be kept confidential for 10 years and in the case of
Israel for 30 years.

I’m happy to sign a non-disclosure agreement.

Yours faithfully,

Annie Weston

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References

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