25 March 2022
[FYI request #17826 email]
Ref: OIA-2021/22-0714
Tēnā koe ASE
Official Information Act request relating to vaccines, human rights, crimes against
humanity and war crimes
Thank you for your Official Information Act 1982 (the Act) request received on 3 December
2021. You requested:
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?
3. 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?
4. 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 general y understood)? If this has not been considered within The
Department of the Prime Minister and Cabinet, then why has this not been
considered?
5. In consideration of positions, polices, and/or legislation (including, but not limited to
messaging and medical advice, col ective 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?
6. In consideration of positions, polices, and/or legislation (including, but not limited to
messaging and medical advice, col ective punishments, and segregation) which
may appear as intent to use force, fraud, deceit, duress, over-reaching, or other
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Executive Wing, Parliament Buildings, Wellington, New Zealand 6011
64 4 817 9698 www.dpmc.govt.nz
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?
7. 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?”
The Department of the Prime Minister and Cabinet (DPMC) is only in a position to respond to
your request in relation to any relevant information held by this agency. As advised in the
letter dated 24 March 2022 from DPMC, questions 1 and 2 of your request have been
transferred to the Ministry of Health as the information requested is more closely connected
to the functions of this agency.
The time frame for responding to your request was extended under section 15A of the Act by
20 working days because it necessitated consultations to be undertaken before a decision
could be made on the request. Following this extension, I am now in a position to respond. I
apologise for the additional delay in responding to your request.
You have asked about COVID-19 vaccines, and firstly I would like to provide important
context. The deployment of highly effective and safe vaccine enables more options for both
domestic measures and border settings. The COVID-19 Protection Framework (the Traffic
Lights system) aims to minimise the spread of disease without relying on lockdowns.
Vaccinating, effectively testing, tracing and isolating, and controlling the virus through this
framework, reduces the frequency, size and speed of outbreaks.
COVID-19 vaccines are not experimental. Medsafe checks applications for all new
medicines, including vaccines to make sure they meet international standards and local
requirements. Medsafe has given the Pfizer vaccine provisional approval (with conditions) for
use in New Zealand. This means it is been formally approved, but Pfizer must give Medsafe
ongoing data and reporting to show that it meets international standards. Please note that
DPCM is not responsible for approving vaccines in New Zealand.
More information about vaccine clinical trials and the development of the vaccine is available
through the Ministry of Health. The relevant Ministry’s website link is set out below:
https://www.health.govt.nz/covid-19-novel-coronavirus/covid-19-vaccines/covid-19-vaccines-
available-new-zealand/covid-19-vaccine-clinical-trials-and-testing
Your request also asks what consideration DPMC has given to human rights in developing
the COVID-19 Vaccination Certificate policy. In formulating this policy, we have considered
the distinct rights and interests of Māori, as well as the health outcomes for the wider
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population while assessing related issues such as equity, feasibility, employment, access to
lifeline services, human rights, privacy and the Treaty of Waitangi. The policy process has
been aware that vaccine requirements have the potential to deny access to everyday
services to people who are legally exercising their right not to be vaccinated. Acknowledging
that vaccine requirements limit people’s access, Cabinet agreed that providers of life-
preserving basic needs wil be prohibited from introducing vaccine requirements.
DPMC has released key decision making documents relating to the Government’s response
to COVID-19 including the COVID-19 Vaccination Certificate. I draw your attention to the
following documents:
• Joint Briefing:
Initial advice on the domestic use of COVID-19 vaccination
certificates, dated 17 September 2021
• Joint Briefing:
The domestic use of COVID-19 vaccination certificates in high risk
settings, dated 24 September 2021
• Cabinet paper:
COVID-19: A Strategy for a Highly Vaccinated New Zealand, dated
27 September 2021
• Brief Insights Report –
Details on different countries’ approaches to domestic
COVID-19 vaccine passes, dated 1 October 2021
• Cabinet paper:
COVID-19: A Strategy for a Highly Vaccinated New Zealand: Report
Back, dated 4 October 2021
• Joint Briefing:
COVID-19 vaccine certificates – settings for domestic use, dated 14
October 2021
• Cabinet paper:
COVID-19: Confirming a strategy for a highly vaccinated New
Zealand, dated 18 October 2021
• Cabinet paper:
COVID-19 Vaccination Certificates: Implementation in domestic
settings, dated 26 October 2021
• Briefing:
COVID-19 Vaccination Certificates: Further advice on prohibited settings,
dated 5 November
These documents are publicly available and can be found on the Unite Against COVID-19
website:
https://covid19.govt.nz/about-our-covid-19-response/proactive-releases/alert-levels-and-
restrictions/.
This part of your request therefore is refused under section 18(d) of the Act as the
information requested is publicly available.
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
This response may be published on the Department of the Prime Minister and Cabinet’s
website during our regular publication cycle. Typically, information is released monthly, or as
otherwise determined. Your personal information including name and contact details wil be
removed for publication.
Yours sincerely
Cheryl Barnes
Deputy Chief Executive
COVID-19 Response
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