Covid Vaccine Mandate: Who is the Principle?
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Dear Ministry of Justice,
Is the Covid Vaccine Mandate a contract that must be entered into by two parties?
Please could you provide the name of the man or woman who is the principle of the Covid Vaccine Mandate.
Peter Mark van Wyk
Ministry of Justice
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Ministry of Justice
Kia ora Peter,
I refer to your request of 2 December 2021 for information regarding the
COVID-19 vaccine mandate.
We have transferred your request to the Ministry of Health. The
information to which your request relates is not held by us but is
believed to be more closely connected with the functions of the Ministry
In these circumstances, we are required by section 14 of the Official
Information Act (the ‘Act’) to transfer your request.
You will hear further from the Ministry of Health concerning your request.
You may also contact them directly at [email address]
If you are not satisfied with this decision to transfer, you have the
right to complain to the Ombudsman under section 28(3) of the Act. The
Ombudsman may be contacted by email at [email address]
Ministerial Relations and Services
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From: OIA Requests
Kia ora Peter,
Thank you for your email, that was transferred to the Ministry of Health
for a response. I will respond to your request in turn:
Is the Covid Vaccine Mandate a contract that must be entered into by two
Employers may require prospective employees to be vaccinated as a
pre-condition or a condition of employment, based on the risk of
contracting and transmitting COVID-19 to others. Before deciding that a
role needs to be performed or carried out by a vaccinated worker for
health and safety reasons, businesses must first assess their COVID-19
exposure risk. The duty of good faith in employment relationships, and
consultation requirements, under the Health and Safety at Work Act 2015
also apply to conversations about workplace vaccination issues.
In addition, the Government has mandated that some roles need to be
performed by vaccinated workers. Ordinarily, an employer would not be able
to unilaterally change an existing employment agreement. However, the
COVID-19 Public Health Response (Vaccinations) Order 2021 is a legally
binding instruction which requires workers undertaking certain work to be
vaccinated. As such, conditions in employment contracts will be overridden
where they conflict with the Order.
Please could you provide the name of the man or woman who is the principle
of the Covid Vaccine Mandate
The Order was made by the Minister for COVID-19 Response under section 11
of the COVID-19 Public Health Response Act 2020 in accordance with section
9 of that Act. The current Minister for COVID-19 Response is Hon Chris
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
OIA Services Team
Ministry of Health information releases
Unite against COVID-19