URGENT: Protection Framework and Right to Justice
Ashleigh Fechney made this Official Information request to Ministry of Business, Innovation & Employment
The request was successful.
From: Ashleigh Fechney
Dear Ministry of Business, Innovation & Employment,
I am concerned that New Zealand’s Courtrooms and Tribunals are not “designed premises” for the purposes of the COVID-19 Public Health Response (Protections Framework) Order 2021.
This means that a person could be lawfully refused entry to the Employment Relations Authority if they are not vaccinated.
I am gravely concerned about this limitation on the right to justice. The Employment Relations Authority is the first judicial body for unvaccinated employees to challenge their vaccination policies. Prior to reaching the Employment Relations Authority, most employees will attend mediation services, as offered by the Ministry of Business, Innovation and Employment.
Please urgently supply the following information under the Official Information Act 1982:
- Any briefing paper or advice paper from MBIE in relation to the COVID-19 Public Health Response (Protections Framework) Order 2021.
- Any vaccination policy applied by MBIE.
- Confirmation of whether MBIE has commenced a “risk assessment” which may give rise to a vaccinations policy.
- Confirmation of whether MBIE have the infrastructure to accommodate widespread remote hearings for unvaccinated people. This is particularly concerning, given the significant number of investigation meetings that have been cancelled, and which have not been considered for remote hearing.
- Any other information that may assist legal representatives in advising the people as to whether, or not, the right to justice has been limited.
I understand that a decision on a request for information under the Official Information Act 1982 should be made within 20 working days of receiving that request.
However, in the circumstances, I request that this request be treated as urgent:
- The COVID-19 Public Health Response (Protection Framework) Order 2021 comes into force at 11.59pm on 2 December 2021.
- Legal representatives are required to provide advice on the effect of the Protection Framework, and it is imperative that the people understand whether, or not, they will be able to access their right to justice to challenge not only the Protection Framework.
- Legal representatives and litigants have a right to know whether, or not, their investigation meeting or mediation will be impacted.
I look forward to receiving your urgent response.
Yours faithfully,
Ashleigh Fechney
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: 2021-1213
Dear Ashleigh,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 02 December 2021 requesting under the Official
Information Act 1982 (the Act), the following:
“- Any briefing paper or advice paper from MBIE in relation to the
COVID-19 Public Health Response (Protections Framework) Order 2021.
- Any vaccination policy applied by MBIE.
- Confirmation of whether MBIE has commenced a “risk assessment” which may
give rise to a vaccinations policy.
- Confirmation of whether MBIE have the infrastructure to accommodate
widespread remote hearings for unvaccinated people. This is particularly
concerning, given the significant number of investigation meetings that
have been cancelled, and which have not been considered for remote
hearing.
- Any other information that may assist legal representatives in advising
the people as to whether, or not, the right to justice has been limited.
I understand that a decision on a request for information under the
Official Information Act 1982 should be made within 20 working days of
receiving that request.
However, in the circumstances, I request that this request be treated as
urgent:
- The COVID-19 Public Health Response (Protection Framework) Order 2021
comes into force at 11.59pm on 2 December 2021.
- Legal representatives are required to provide advice on the effect of
the Protection Framework, and it is imperative that the people understand
whether, or not, they will be able to access their right to justice to
challenge not only the Protection Framework.
- Legal representatives and litigants have a right to know whether, or
not, their investigation meeting or mediation will be impacted.“
Your request is being processed in accordance with the Act and a response
will be sent to you in due course.
Please note that the days from 25 December 2021 to 15 January 2022
(inclusive) are defined as non- working days in the Act and are not
counted in the calculation of the maximum timeframe for our response to
your request. This will affect the time period for responding to your
request.
If you have any enquiries regarding your request feel free to contact us
via email [1][MBIE request email] or using the contact details below.
Yours sincerely,
MINISTERIAL SERVICES
[2]www.govt.nz - your guide to finding and using New Zealand government
services
show quoted sections
References
Visible links
1. mailto:[MBIE request email]
2. http://www.govt.nz/
From: *OIA
Ministry of Business, Innovation & Employment
Dear Ashleigh,
Attached is the Ministry’s response to your Official Information Act
request.
Kind regards,
Cameron W
SENIOR MINISTERIAL SERVICES ADVISOR
Te Whakatairanga Service Delivery
Ministry of Business, Innovation and Employment
[email address]
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
From: Ministerial Services
Sent: Friday, 3 December 2021 10:52 AM
To: [FOI #17805 email]
Subject: Acknowledgement of your Official Information Request (2021-1213)
[UNCLASSIFIED]
Ref: 2021-1213
Dear Ashleigh,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 02 December 2021 requesting under the Official
Information Act 1982 (the Act), the following:
“- Any briefing paper or advice paper from MBIE in relation to the
COVID-19 Public Health Response (Protections Framework) Order 2021.
- Any vaccination policy applied by MBIE.
- Confirmation of whether MBIE has commenced a “risk assessment” which may
give rise to a vaccinations policy.
- Confirmation of whether MBIE have the infrastructure to accommodate
widespread remote hearings for unvaccinated people. This is particularly
concerning, given the significant number of investigation meetings that
have been cancelled, and which have not been considered for remote
hearing.
- Any other information that may assist legal representatives in advising
the people as to whether, or not, the right to justice has been limited.
I understand that a decision on a request for information under the
Official Information Act 1982 should be made within 20 working days of
receiving that request.
However, in the circumstances, I request that this request be treated as
urgent:
- The COVID-19 Public Health Response (Protection Framework) Order 2021
comes into force at 11.59pm on 2 December 2021.
- Legal representatives are required to provide advice on the effect of
the Protection Framework, and it is imperative that the people understand
whether, or not, they will be able to access their right to justice to
challenge not only the Protection Framework.
- Legal representatives and litigants have a right to know whether, or
not, their investigation meeting or mediation will be impacted.“
Your request is being processed in accordance with the Act and a response
will be sent to you in due course.
Please note that the days from 25 December 2021 to 15 January 2022
(inclusive) are defined as non- working days in the Act and are not
counted in the calculation of the maximum timeframe for our response to
your request. This will affect the time period for responding to your
request.
If you have any enquiries regarding your request feel free to contact us
via email [1][MBIE request email] or using the contact details below.
Yours sincerely,
MINISTERIAL SERVICES
[2]www.govt.nz - your guide to finding and using New Zealand government
services
show quoted sections
References
Visible links
1. mailto:[MBIE request email]
2. http://www.govt.nz/
From: Ashleigh Fechney
Dear Nikki,
In your letter you wrote:
"Attached with this response is one briefing titled 2122-1360 Traffic Light Response Framework. Some
some information within this document has been withheld under section 9(2)(a) of the Act, to protect
the privacy of natural persons."
However, the briefing paper was not attached.
Can you please attach this paper.
Yours sincerely,
Ashleigh Fechney
From: Ashleigh Fechney
Dear Nikki,
I do not believe that the Employment Relations Authority is not subject to the Official Information Act 1983.
Section 222 of the Employment Relations Act 2000 provides:
"Nothing in the Official Information Act 1982 applies to any information held by the department or the Authority or the court in relation to any proceedings brought before the Authority or the court."
The information sought does not relate to any proceedings before the Employment Relations Authority.
Please disclose the Employment Relations Authority's health and safety risk assessment and any vaccination policy which has been applied.
Yours sincerely,
Ashleigh Fechney
From: *OIA
Ministry of Business, Innovation & Employment
Hi Ashleigh,
Apologies for not including the briefing, please find it attached.
As for your query about the Authority and the Official Information Act, I will relay it to Nikki and will be in touch.
Regards,
Cameron
show quoted sections
From: *OIA
Ministry of Business, Innovation & Employment
Hi Ashleigh,
Thanks for your email and I appreciate your patience while I coordinated a response to your query.
With regards to your original request for information about the Employment Relations Authority's (the Authority) COVID-19 vaccination policy, I can confirm that because the Authority occupies and utilises sites provided by the Ministry of Business, Innovation and Employment (the Ministry), it is subject to the Ministry's vaccination policy.
Furthermore, since the Ministry's response to your request, the Authority has published detailed information about its vaccination policy online, which you can read here: https://www.era.govt.nz/about-us/updates...
Kind regards,
Cameron W
SENIOR MINISTERIAL SERVICES ADVISOR
Te Whakatairanga Service Delivery
Ministry of Business, Innovation and Employment
[email address]
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
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