133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
10 March 2022
ASE
By email: [FYI request #17762 email]
Ref:
H202200610
Tēnā koe ASE
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) to the Ministry of
Health (the Ministry) on 26 January 2022 for information about the 19 November 2021
document,
Ministry of Health position statement on pre-consultation testing of unvaccinated
individuals in healthcare settings. I wil respond to each part of your request in turn.
How has The Ministry of Health considered more effective ways of communicating this
information so that it could not be taken out of context, rather than simply removing it from
subsequently revised releases of this position paper? eg, what meeting notes and emails
are associated with these revisions?
Please provide the feedback and consultation referred to here: "The statement was
revised following feedback from and consultation with healthcare professionals, to ensure
the position was clear and to avoid confusion.”
The Ministry has identified a significant number of emails in scope of your request. These
emails concern the initial consultation and subsequent discussions that led to the revision of the
document posted on our website. The table in Appendix 1 outlines the grounds under which
information has been withheld. Where information is withheld, this is outlined in the document
itself. Please note where information is withheld under section 9 of the Act, I have considered
the countervailing public interest in release in making this decision and consider that it does not
outweigh the need to withhold at this time.
Please note that the comments in the emails reflected of the state of the pandemic at the time
and may no longer apply. For example, the Northern region district health boards now have
protocols for dif erent situations of managing planned/elective care. These protocols wil also
change for the different phases with the ongoing response to the Omicron variant (e.g., the shift
to the use of rapid antigen tests).
Can The Ministry of Health disclose all changes between these two documents, and the
reasons for all such changes? [if I understand correctly, there was also a version of this
position paper released on 18 Nov 2021; this question should then be revised to ask: Can
The Ministry of Health disclose all changes between all revisions of these documents, and
the reasons for all such changes?
To provide a comparison to you would require the creation of information which is not a
requirement under the Act. You have been supplied previously a copy of the original version of
the document and the current version of the document is stil available on our website for your
own comparison. Please also refer to the information supplied in Document 1 which outlines
some of the concerns around the initial document.
Can The Ministry of Health disclose what basis of evidence was used to support its 19
Nov position statement (eg data, research, and other information)? In particular, what
basis of evidence was used to substantiate the assertions which were removed or de-
emphasised from version 2.0 of this position statement?
The position statement was produced by my predecessor as Chief Medical Of icer, Dr Andrew
Connolly, to support healthcare professionals in their day-to-day work. This document was
drafted in consultation with the Ministry’s Chief Science Advisor, Dr Ian Town, and the COVID-
19 Science and Technical Advisory team, as well as wider health and disability sector clinical
leaders. Again, please refer to the information supplied in Document 1.
I trust this information fulfils 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.
Please note that this response, with your personal details removed, may be published on the
Ministry website at:
www.health.govt.nz/about-ministry/information-releases/responses-official-
information-act-requests.
Nāku noa, nā
Dr Robyn Carey
Chief Medical Officer
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Appendix 1: Documents for release
#
Date
Title
Decision on release
1
31 October
Email correspondence
Information withheld under the
2021 – 25
following sections of the Act:
November 2021
• section 9(2)(a) to protect
the privacy of natural
persons;
• section 9(2)(ba)(i) to
protect information that is
subject to an obligation of
confidence and making it
available would likely
prejudice the supply of
similar information, or
information from the same
source;
• section 9(2)(g)(i) to
maintain the effective
conduct of public affairs
through the free and frank
expression of opinions by
or between or to Ministers
and officers and
employees of any public
service agency;
• section 9(2)(h) to maintain
legal professional
privilege; and
• section 9(2)(k) to prevent
the disclosure or use of
official information for
improper gain or
advantage.
Page 3 of 3
