COVID-19 inoculations and culpability for human rights violations, crimes against humanity, and/or war crimes

ASE made this Official Information request to Department of the Prime Minister and Cabinet

Response to this request is long overdue. By law Department of the Prime Minister and Cabinet should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: ASE

To The Department of the Prime Minister and Cabinet,

To the extent that it is practicable, this request extends to all persons, boards, councils, committees, subcommittees, organisations, bodies, or individuals advising on such matters, or otherwise exerting influence in any capacity. If this request relates to information that you have reason to believe may be held by any other persons or bodies, I trust that you will forward this request to them and advise accordingly.

Is The Department of the Prime Minister and Cabinet aware of any long-term safety data for any COVID-19 inoculations? If so, what is that data?

Is The Department of the Prime Minister and Cabinet aware of any long-term efficacy data for any COVID-19 inoculations? If so, what is that data?

Considering what is and what is not known of long-term safety and efficacy of COVID-19 inoculations, what consideration within The Department of the Prime Minister and Cabinet has been given to the status of COVID-19 inoculations as “experimental” medical treatments? What scientific and medical basis does The Department of the Prime Minister and Cabinet have for asserting that COVID-19 inoculations are not “experimental” medical treatments? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

What contingency plans have been considered within The Department of the Prime Minister and Cabinet, if COVID-19 inoculations may prove to be unsafe, ineffective, unnecessary, and/or otherwise harmful to personal health and/or public health (as “public health” is generally understood)? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

In consideration of positions, polices, and/or legislation (including, but not limited to messaging and medical advice, collective punishments, and segregation) which may appear as intent to use force, fraud, deceit, duress, over-reaching, or other ulterior forms of constraint or coercion to encourage, incentivize, or otherwise promote COVID-19 inoculations, what consideration within The Department of the Prime Minister and Cabinet has been given to the effects of such positions, polices, and/or legislation respecting healthcare providers' legal and ethical obligations to empower their patients to exercise their rights of informed consent (including rights of informed refusal)? How do such positions, polices, and/or legislation respect patients' rights regarding informed consent (including rights of informed refusal)? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

In consideration of positions, polices, and/or legislation (including, but not limited to messaging and medical advice, collective punishments, and segregation) which may appear as intent to use force, fraud, deceit, duress, over-reaching, or other ulterior forms of constraint or coercion to encourage, incentivize, or otherwise promote COVID-19 inoculations, what consideration within The Department of the Prime Minister and Cabinet has been given to the effects of such positions, polices, and/or legislation respecting individual human rights (including human rights as recognised under national and international frameworks), such as individual human rights to privacy and confidentiality of medical information; and individual human rights to refuse medical treatment, with or without reason? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

In consideration of the questions raised above, and related matters, what consideration within The Department of the Prime Minister and Cabinet has been given to the possibility that positions, polices, and/or legislation (including, but not limited to messaging and medical advice, collective punishments, and segregation) which may appear as intent to use force, fraud, deceit, duress, over-reaching, or other ulterior forms of constraint or coercion to encourage, incentivize, or otherwise promote COVID-19 inoculations, may expose proponents, advocates, and/or actors on behalf of such positions, polices, and/or legislation to culpability for human rights violations, crimes against humanity, and/or war crimes? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

Thank you,
ASE 2021120303

Link to this

From: Information [DPMC]
Department of the Prime Minister and Cabinet

Tēnā koe 

 

Thank you for emailing the Department of the Prime Minister and
Cabinet (DPMC), including the National Emergency Management
Agency (NEMA).   

Please note, DPMC is not able to respond to emails that are
outside its purview. If the subject of your email does not relate to the
work of DPMC, we will forward your email to the appropriate Minister
or agency who will respond to you directly. To find out more about the
functions of DPMC please view our website - [1]https://dpmc.govt.nz/ 

 

If your correspondence is intended for the Prime Minister please email her
office at - [2][email address]. Contact information for other
Members of Parliament can be found at
- [3]https://www.parliament.nz/en/get-involve...

If you are writing about an issue relating to COVID-19, we encourage you
to first refer to the [4]COVID-19 website. Here’s a list of links that you
may find helpful: 

o [5]Current Alert Level
o [6]Latest Government COVID-19 information
o [7]Jobs, training and financial support
o [8]Travel and the border
o [9]Mental wellbeing, accessing health care and violence protection
o [10]Information for businesses
o [11]Proactive release of Government Response documents
o [12]Managed Isolation and Quarantine 

If you are showing symptoms of COVID-19, please call your local GP or
contact the Healthline team on 0800 358 5453

Common Questions:

* Official Information Act (OIA) Requests will be formally acknowledged
during office hours and actioned accordingly. For more information
about the statutory OIA timeframes please see
- [13]http://www.ombudsman.parliament.nz/.
* For Job opportunities within DPMC please see
- [14]https://centralagenciesjobs.cass.govt.nz.... Please use
this website to apply for vacancies, unfortunately resumes received
through other avenues will not be considered.
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New Zealand. Please see - [15]https://www.immigration.govt.nz/. 

We hope one of the above links helps answer your question.  

We appreciate your patience at this time. Thanks again and please take
care.

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Copies to:

Jacinda Ardern - https://fyi.org.nz/request/17824-covid-1...

Chris Hipkins - https://fyi.org.nz/request/17825-covid-1...

Department of the Prime Minister and Cabinet - https://fyi.org.nz/request/17826-covid-1...

Parliamentary Counsel Office - https://fyi.org.nz/request/17827-covid-1...

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From: Information [DPMC]
Department of the Prime Minister and Cabinet

[IN-CONFIDENCE]

Kia ora

Thank you for your request under the Official Information Act 1982 which was received on 3 December 2021, copied below. A response will be provided in accordance with the Act. Please note under Section 2(1) of the Act, days in the period commencing 25 December 2021 through to 15 January 2022, are not counted as working days.

The Department of the Prime Minister and Cabinet (DPMC) may publish the response to your Official Information Act (OIA) request.

When you are provided with a response to this request, you will be informed about whether the response to your OIA request will be published. If DPMC does publish the response to your OIA request, personal information, including your name and contact details, will be removed. This publication process does not apply to extension letters or transfers.

Ngā mihi,

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet

E    [DPMC request email]

The information contained in this email message is for the attention of the intended recipient only and is not necessarily the official view or communication of the Department of the Prime Minister and Cabinet. If you are not the intended recipient you must not disclose, copy or distribute this message or the information in it. If you have received this message in error, please destroy the email and notify the sender immediately.

-----Original Message-----
From: ASE <[FOI #17826 email]>
Sent: Friday, 3 December 2021 4:13 pm
To: Information [DPMC] <[DPMC request email]>
Subject: Official Information request - COVID-19 inoculations and culpability for human rights violations, crimes against humanity, and/or war crimes

To The Department of the Prime Minister and Cabinet,

To the extent that it is practicable, this request extends to all persons, boards, councils, committees, subcommittees, organisations, bodies, or individuals advising on such matters, or otherwise exerting influence in any capacity. If this request relates to information that you have reason to believe may be held by any other persons or bodies, I trust that you will forward this request to them and advise accordingly.

Is The Department of the Prime Minister and Cabinet aware of any long-term safety data for any COVID-19 inoculations? If so, what is that data?

Is The Department of the Prime Minister and Cabinet aware of any long-term efficacy data for any COVID-19 inoculations? If so, what is that data?

Considering what is and what is not known of long-term safety and efficacy of COVID-19 inoculations, what consideration within The Department of the Prime Minister and Cabinet has been given to the status of COVID-19 inoculations as “experimental” medical treatments? What scientific and medical basis does The Department of the Prime Minister and Cabinet have for asserting that COVID-19 inoculations are not “experimental” medical treatments? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

What contingency plans have been considered within The Department of the Prime Minister and Cabinet, if COVID-19 inoculations may prove to be unsafe, ineffective, unnecessary, and/or otherwise harmful to personal health and/or public health (as “public health” is generally understood)? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

In consideration of positions, polices, and/or legislation (including, but not limited to messaging and medical advice, collective punishments, and segregation) which may appear as intent to use force, fraud, deceit, duress, over-reaching, or other ulterior forms of constraint or coercion to encourage, incentivize, or otherwise promote COVID-19 inoculations, what consideration within The Department of the Prime Minister and Cabinet has been given to the effects of such positions, polices, and/or legislation respecting healthcare providers' legal and ethical obligations to empower their patients to exercise their rights of informed consent (including rights of informed refusal)? How do such positions, polices, and/or legislation respect patients' rights regarding informed consent (including rights of informed refusal)? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

In consideration of positions, polices, and/or legislation (including, but not limited to messaging and medical advice, collective punishments, and segregation) which may appear as intent to use force, fraud, deceit, duress, over-reaching, or other ulterior forms of constraint or coercion to encourage, incentivize, or otherwise promote COVID-19 inoculations, what consideration within The Department of the Prime Minister and Cabinet has been given to the effects of such positions, polices, and/or legislation respecting individual human rights (including human rights as recognised under national and international frameworks), such as individual human rights to privacy and confidentiality of medical information; and individual human rights to refuse medical treatment, with or without reason? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

In consideration of the questions raised above, and related matters, what consideration within The Department of the Prime Minister and Cabinet has been given to the possibility that positions, polices, and/or legislation (including, but not limited to messaging and medical advice, collective punishments, and segregation) which may appear as intent to use force, fraud, deceit, duress, over-reaching, or other ulterior forms of constraint or coercion to encourage, incentivize, or otherwise promote COVID-19 inoculations, may expose proponents, advocates, and/or actors on behalf of such positions, polices, and/or legislation to culpability for human rights violations, crimes against humanity, and/or war crimes? If this has not been considered within The Department of the Prime Minister and Cabinet, then why has this not been considered?

Thank you,
ASE 2021120303

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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #17826 email]

Is [DPMC request email] the wrong address for Official Information requests to Department of the Prime Minister and Cabinet? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

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From: Information [DPMC]
Department of the Prime Minister and Cabinet


Attachment DPMCOIA Extension OIA 2021 22 0714 ASE Vaccines human rights crimes against humanity and war crimes Unknown Unknown.pdf
149K Download View as HTML


[UNCLASSIFIED]

 

Kia ora,

 

On behalf of Sarah Corbett, Manager of Ministerial and Business Services,
please find attached the letter extending the time limits for deciding on
your request relating to vaccines and human rights considerations.

 

Ngā mihi,

 

Thomas McDowall [1](he/him)

Kaitohutohu Paetahi | Graduate Advisor, Organisation Direction and
Development

Strategy, Governance and Engagement

Te Tari o te Pirimia me te Komiti Mautua | Department of the Prime
Minister and Cabinet

 

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are not the intended recipient you must not disclose, copy or distribute
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in error, please destroy the email and notify the sender immediately.

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ASE left an annotation ()

Copy to Andrew Little (Minister of Health) -
https://fyi.org.nz/request/18439-covid-1...

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From: Information [DPMC]
Department of the Prime Minister and Cabinet


Attachment image001.png
15K Download


[UNCLASSIFIED]

 

Kia ora ASE

 

I am writing regarding your Official Information Act 1982 (the Act)
requests to the Department of the Prime Minister and Cabinet (DPMC)
received on 3 December 2021 and 3 February 2022.

 

As set out in section 12 of the Act, if you wish to pursue obtaining
information not in the public domain, you may be asked to provide evidence
that you meet the requirements of the Act, as set out below.  

 

Section 12

(1) Any person, being—

(a) a New Zealand citizen; or

(b) a permanent resident of New Zealand; or

(c) a person who is in New Zealand; or

(d) a body corporate which is incorporated in New Zealand; or

(e) a body corporate which is incorporated outside New Zealand but which
has a place of business in New Zealand,—   

 

In this instance, DPMC requests that you provide evidence to show that you
meet the requirements as set out in section 12 of the Act. This can be
a copy of a New Zealand driving license or Passport. Upon receiving
confirmation of your eligibility, DPMC will process your request in
accordance with the Act.  Please provide evidence that you are eligible to
make a request under section 12 of the Act by 4 March 2022.  Thank you.

 

 

 

Ngâ mihi

 

Ministerial Services

Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
 
 
 
 
 
 
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.

 

 

 

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From: ASE

Attn Department of the Prime Minister and Cabinet,

I note that a substantive response to this request has been unilaterally extended, to 21 Feb 2022, citing Section 15A of The Official Information Act.

As both the initial deadline and the extended deadline have passed, I believe that invoking Section 12 of The Official Information Act at this time constitutes a lack of good faith, and appears to constitute an undue delay (effectively refusing to make the requested information available), in violation of DPMC's obligations under The Official Information Act.

While I urgently demand that the requested information be released immediately, without any further delay, I invite the DPMC to contact the Office of the Ombudsman directly to verify that I meet the requirements of Section 12 of The Official Information Act, as I am known to the Office of the Ombudsman.

In any case, at this time I will be referring the matter to the Office of the Ombudsman, in the form of a complaint, and I hope that you will release the requested information immediately, before such complaint is actioned.

Thank you,
ASE

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ASE left an annotation ()

Complaint filed with Ombudsman.

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From: Information [DPMC]
Department of the Prime Minister and Cabinet


Attachment image001.png
24K Download

Attachment DPMCOIA Transfer OIA 2021 22 0714 ASE Vaccines human rights crimes against humanity and war crimes Unknown Unknown Part1.pdf
104K Download View as HTML


 

 

[UNCLASSIFIED]

 

Kia ora koe,

 

Please see the attached letter regarding your recent OIA request.

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E    [1][DPMC request email]
 
 
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.

 

 

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From: Information [DPMC]
Department of the Prime Minister and Cabinet


Attachment image001.png
24K Download

Attachment DPMCOIA Reply OIA 2021 22 0714 ASE.pdf
198K Download View as HTML


 

 

[UNCLASSIFIED]

 

Kia ora koe,

 

Please see the attached letter regarding your recent OIA request.

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E    [1][DPMC request email]
 
 
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.

 

 

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From: ASE

Attn Department of the Prime Minister and Cabinet

I appreciate you interim response, and I note that a substantive response is long overdue.

As per the first two questions, relating to long-term safety and efficacy data: These questions are directed to The Department of the Prime Minister and Cabinet. If The Department of the Prime Minister and Cabinet holds information that there is no long-term safety and efficacy data for these treatments, please clearly state so. If The Department of the Prime Minister and Cabinet does not hold any information relating to the long-term safety and efficacy of these treatments, please clearly state that such information is not held by The Department of the Prime Minister and Cabinet. In any case, please provide information explaining how The Department of the Prime Minister and Cabinet has aligned itself with policies that promote these treatments as "safe and effective" in the absence of such data.

As per the 3rd question, relating to the treatments' experimental status, please account for any information held by The Department of the Prime Minister and Cabinet relating to manufacturers submissions publicly made to Medsafe (submissions which explicitly state there is no long-term safety data for these treatments, and efficacy is disclaimed), and also liability waivers which were granted to manufacturers BECAUSE clinical trails were truncated and safety and efficacy of these treatments is unknown. If this information is not held by The Department of the Prime Minister and Cabinet, please explain why this information is not held by The Department of the Prime Minister and Cabinet, as I expect that such information would have been very carefully considered by The Department of the Prime Minister and Cabinet in these matters.

Thank you,
ASE

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From: OIA Requests


Attachment image003.jpg
3K Download


Kia ora ASE,

 

Your below request was transferred from the Department of the Prime
Minister and Cabinet (DPMC) to the Ministry of Health (the Ministry) on 25
March 2022. However, we have been advised that you have also made the
exact same request to the Minister of Health (ALOIA159 refers).

 

1.Is The Department of the Prime Minister and Cabinet aware of any
long-term safety data for any COVID-19 inoculations? If so, what is that
data?

2.Is The Department of the Prime Minister and Cabinet aware of any
long-term efficacy data for any COVID-19 inoculations? If so, what is that
data?

 

Please refer to ALOIA159 for a response to your request for this
information. You can expect a response to ALOIA159 from the Minister of
Health in due course.

 

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: [1][email address] or by calling 0800
802 602.   

 

Ngā mihi

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [email address]

 

 

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From: ASE

Attn Department of the Prime Minister and Cabinet

In case I didn't make myself clear in my response of 25 Mar 2022, I am seeking INFORMATION HELD BY THE DEPARTMENT OF THE PRIME MINISTER AND CABINET.

While I appreciate that transferring parts of the request may serve well to supplement the information I am requesting from The Department of the Prime Minister and Cabinet, it does not satisfy my request to understand what information is held by The Department of the Prime Minister and Cabinet.

In the event that that The Department of the Prime Minister and Cabinet does not hold the requested information, please make that clear. Otherwise please provide the requested information.

Thank you,
ASE

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From: OIA Requests

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

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: [1]http://www.ombudsman.parliament.nz/

Due to the COVID-19 global pandemic response, the Ministry is experiencing
significantly higher volumes of queries and requests for information. This
means we may take some time in responding to your request. The Ministry
regularly updates information about the COVID-19 situation and publishes
OIA responses considered to be of public interest:
[2]https://www.health.govt.nz/about-ministr...

Please also refer to the Unite Against Covid-19 website for copies of
papers, minutes, and key advice for the decisions the Government has made
relating to COVID-19.

Sometimes we may need to clarify aspects of a request. You can expect to
hear from us soon if that is the case here.

Ngā mihi,

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [3][email address]

 

 

 

 

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From: Information [DPMC]
Department of the Prime Minister and Cabinet

Tēnā koe ASE

Thank you for your email. In your request, you asked if the Department of the Prime Minister and Cabinet (DPMC) was aware of any long term efficacy and safety data in relation to the COVID-19 vaccine. DPMC interpreted this request as seeking any data held by DPMC relating specifically to any long term efficacy and safety data regarding the COVID-19 vaccine.

Long term efficacy and safety data in relation to the COVID-19 vaccine is held by Medsafe which is a business unit of the Ministry of Health. Under section 14(b)(i) of the Act, if an agency does not hold the requested information, but believes that this information is held by another agency, it will transfer the request to the agency which it believes holds the information, which in this particular case, is the Ministry of Health.

Further, DPMC does not hold any information relating to manufacturers’ submissions made to Medsafe or liability waivers for vaccine manufacturers in relation to the COVID-19 vaccine. Any submissions made by manufacturers regarding the COVID-19 vaccine are made to Medsafe, as New Zealand’s Medicines and Medical Devices Safety Authority.

Any further requests for data regarding the COVID-19 vaccine should be addressed to the Ministry of Health directly.

Ngā mihi,

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet

E [DPMC request email]

-----Original Message-----
From: ASE <[FOI #17826 email]>
Sent: Friday, 25 March 2022 5:28 pm
To: Information [DPMC] <[DPMC request email]>
Subject: Re: Your OIA Request - Transfer Notification

Attn Department of the Prime Minister and Cabinet

I appreciate you interim response, and I note that a substantive response is long overdue.

As per the first two questions, relating to long-term safety and efficacy data: These questions are directed to The Department of the Prime Minister and Cabinet. If The Department of the Prime Minister and Cabinet holds information that there is no long-term safety and efficacy data for these treatments, please clearly state so. If The Department of the Prime Minister and Cabinet does not hold any information relating to the long-term safety and efficacy of these treatments, please clearly state that such information is not held by The Department of the Prime Minister and Cabinet. In any case, please provide information explaining how The Department of the Prime Minister and Cabinet has aligned itself with policies that promote these treatments as "safe and effective" in the absence of such data.

As per the 3rd question, relating to the treatments' experimental status, please account for any information held by The Department of the Prime Minister and Cabinet relating to manufacturers submissions publicly made to Medsafe (submissions which explicitly state there is no long-term safety data for these treatments, and efficacy is disclaimed), and also liability waivers which were granted to manufacturers BECAUSE clinical trails were truncated and safety and efficacy of these treatments is unknown. If this information is not held by The Department of the Prime Minister and Cabinet, please explain why this information is not held by The Department of the Prime Minister and Cabinet, as I expect that such information would have been very carefully considered by The Department of the Prime Minister and Cabinet in these matters.

Thank you,
ASE

-----Original Message-----

 

 

[UNCLASSIFIED]

 

Kia ora koe,

 

Please see the attached letter regarding your recent OIA request.

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet E    [1][DPMC request email]
 
 
The information contained in this email message is for the attention of the intended recipient only and is not necessarily the official view or communication of the Department of the Prime Minister and Cabinet. If you are not the intended recipient you must not disclose, copy or distribute this message or the information in it. If you have received this message in error, please destroy the email and notify the sender immediately.

 

 

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-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #17826 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

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