CHOIA 185 final binder.pdf

Ashleigh Fechney
[FYI request #17838 email]
Ref. CHOIA185
Dear Ashleigh
Response to your request for official information
Thank you for your requests under the Official Information Act 1982 (the Act) on 1 December
2021 and 16 December 2021 which were consolidated by my Office. I wil respond to each
part of your request in turn:
I am interested in understanding the level of union involvement in the creation and
implementation of the COVID-19 Public Health Response (Vaccinations Order) 2021
(all amendments).In the first instance, I would like to know what unions were invited to
provide feedback on any draft of the Vaccinations Order, and what union provided
feedback on any draft of the Vaccinations Order.
Relevant unions were invited into discussions on the development of each of the iterations of
the Order, however we did not share the draft Order, nor did we seek feedback on the draft
Order. This is due to the fact that draft legislation is legally privileged so could not have been
shared outside the Crown.
I also seek all correspondence between the office for the Minister of COVID-19
Response and any person using an email domain which is identified as being part of
one of New Zealand's registered unions (including the New Zealand Council of Trade
Unions).
Eight documents have been identified within scope of this part of your request. These are
itemised in Appendix 1 to this letter, and copies of the documents are enclosed. Where
information is withheld, this is outlined in the Appendix and noted in the document itself.
Please note that 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 2021 Annual Report
referred to in Document 5 is publicly available at: www.unionaid.org.nz/annual-report/.
I request the following documents received by your office:
• Implementing the COVID-19 Vaccine Rollout to Border Workers (BEB RPT 21/002)
• Draft Cabinet Paper - Refining and Improving the elimination strategy for COVID-
19 (DPMC-2020/21-509)
• Elimination Strategy Update: Emergence of New Variants (DPMC-2020/21-484)
• Meeting with union leaders to discuss Tier 1a Vaccine rollout (2021-2918)
• Establishment of COVID-19 Engagement Mechanisms for Business (DPMC-
2020/21-615)

• Further advice on stronger regulatory levers to support the Covid-19 vaccine rollout
to border workers (2021-2776)
• Increase in Funding for COVID-19 Response Unit Due to COVID-19 Resurgence
(DPMC-2020/21-612)
These documents have been identified as being received on the official COVID-19
website. I am unable to find any proactive releases.
I have identified a number of additional documents that haven't been listed on the official
COVID-19 website as being documents received by the Minister of COVID-19 Response.I
would therefore like to request copies of the following documents, as well as the reasons
they have not been transparently listed as document received by the Minister of COVID-
19 Response:
• Maximising uptake of COVID-19 vaccines in Tier 1 (Briefing paper provided by the
Ministry of Health, 10 February 2021).
• Briefing on Policy decisions: COVID-19 vaccination requirements for high risk work
in managed isolation, and attached "options for additional support mechanisms for
workers who are not vaccinated." (Briefing paper provided by the Ministry of
Business, Innovation and Employment, 16 April 2021)
• Briefing on COVID-19 Public Health response (Vaccinations) Order for signature.
(Briefing paper provided by the Ministry of Health, 28 April 2021).
• Briefing on COVID-19 Vaccination requirements at the Border Tranche 2 Advice
(Provided by Ministry of Transport, 12 May 2021).
• Briefing on Final policy decisions required to draft amendments to COVID-19 public
health response order (Provided by Ministry of Health, 4 June 2021).
• Briefing on Further clarification on final policy decisions required to draft the
amendments to the COVID-19 public health response order (Provided by Ministry
of Health, 15 June 2021).
• Briefing on COVID-19 public health response amendment order 2021 for signing
(Provided by Ministry of Health, 8 July 2021)
To ensure transparency, can you please let me know if there are other documents which
have been received by the Minister for COVID-19 Response which have not been
published on the website? It would also be of assistance to have a list of documents
received by the Minister of COVID-19 Response from June 2021 to December 2021.
The information requested in these parts of your request was provided to you on 28 February
2022 in a previous response under the Act (CHOIA181 refers). Please refer to that response
for the decision made on the release of this information.
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.
Yours sincerely
Chris Hipkins
Minister for COVID-19 Response

Appendix 1: List of documents for release
#  Date
Document details
Decision on release
1  21 September 2021
Email from NZ Tertiary  Released in full.
Education Union
2  21 October 2021 – 28
Email and letter from
Released with some information
October 2021
TEU, NZ Tertiary
withheld under section 9(2)(a) to
Education Union.
protect the privacy of natural
persons.
3  28 January 2022
Email from NZ Tertiary  Released in full.
Education Union
4  2 February 2022
5  10 February 2022
Email from UnionAID
6  25 February 2022
Email and letter from
Released with some information
PSA and E tū.
withheld under section 9(2)(a).
7  7 March 2022
Email and letter from
the Corrections
Association New
Zealand.
8  23 March 2022
Email from UnionAID
Released in full.

Document 1
From:
NZ Tertiary Education Union <[email address]>
Sent:
Tuesday, 21 September 2021 3:12 pm
To:
Hon Chris Hipkins
Subject:
Say “NO” to unsafe workloads; pay equity; restructuring win; COVID-19 survey launch
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1982
HAU TAKI HAERE
Tertiary Update Vol 25, No 18
Say “NO” to unsafe workloads; pay equity; restructuring win; COVID-19 survey
ACT
launch
In this edition:

It’s time to say “NO” to unsafe workloads

Pay equity – Let’s make it happen!

Auckland Uni restructuring yields win for Māori and Pacific
students

New COVID-19 survey report raises more dire workload concerns

New COVID-19 health and safety expectations
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INFORMATION
It’s time to say “NO” to unsafe workloads
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TEU is launching a campaign to raise awareness of unsafe workloads and to
help to expose the dangerously low staffing levels in our institutions that are
pushing our members over the edge.
Read more...
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Document 1
Pay equity – Let’s make it happen!

At the beginning of 2021, the TEU Council endorsed a gender equity vision and
strategy, developed by the National Women’s Committee. One of the key
objectives of the strategy is to achieve the fair and appropriate valuing of
women’s work in our sector.

Read more...
1982

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Auckland Uni restructuring yields win for Māori and Pacific students ACT

Due to numerous strong and coordinated individual and collective submissions
from TEU members, new Māori and Pasifika roles have been put into the
structure, both in areas that currently have them and in areas where either
none previously existed or where mahi was undertaken on a more informal
basis.

Read more...

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New COVID-19 survey report raises more dire workload concerns

INFORMATION
Part Three of researcher Charles Sedgewick’s report, commissioned by TEU,
looking at ‘the continuing and future impact of COVID-19 on tertiary education
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staff’ is now complete – and it makes for disturbing reading.

Read more...

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New COVID-19 health and safety expectations
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TEU has published two new position papers setting out health and safety
expectations for both COVID-19 vaccinations, and assessment and research
protocols needed due to COVID-19.

Read more...

Other News:
Open letter to Minister Hipkins on student support during COVID-19 – NZUSA
1982

Five of eight NZ universities see rise in cheating in 2020 – RNZ

Australian university sector sheds 40,000 jobs – ABC
ACT

Te Herenga Waka’s Grant Guilford is retiring after eight years as Vice
Chancellor – VUW


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Authorised by Sandra Grey, TEU, 204 Wil is St, Wellington 6011.

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 New Zealand
License. 2019 Tertiary Education Union.

INFORMATION
You are receiving this email either because you are a financial member of TEU and we have added
you to our mailing list, or because we have a record of you previously opting to add yourself to our
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mailing list.

Our mailing address is:
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PO Box 11 767
Wellington, Wellington 6142
New Zealand


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Document 1

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Tertiary Education Union · PO Box 11 767 · Wellington, Wellington 6142 · New Zealand

1982
ACT
INFORMATION
RELEASED UNDER THE
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Document 2
From:
Rewa Wehipeihana <[email address]>
Sent:
Thursday, 28 October 2021 7:55 am
To:
Hon Chris Hipkins
Cc:
Sandra Grey; Tina Smith
Subject:
RE: Urgent request to work on an agreed risk assessment process for the tertiary education sector with regards to COViD-19 and the health and safety of staff and students Ref: INV-0457
Tēnā koe  Minister Hipkins
As yet we have not had a reply to our urgent request for a meeting.  We did receive your auto reply.  We did ask that this be actioned within the week as you would know this is now a priority meeting, we are
1982
requesting.  We would like to discuss the issue before we have to make a media statement on the tertiary sector heading back to campuses.
Could our request please be given the necessary attention.
Ngā mihi nui
Rewa Wehipeihana
ACT
On behalf of Sandra Grey
From: Rewa Wehipeihana
Sent: Thursday, 21 October 2021 3:37 pm
To: Chris Hipkins <[email address]>
Cc: 'Sandra Grey ([email address])' <[email address]>; Tina Smith <[email address]>
Subject: Urgent request to work on an agreed risk assessment process for the tertiary education sector with regards to COViD-19 and the health and safety of staff and students
Sent on behalf of Sandra Grey (National Secretary) and Tina Smith (National President) of TEU
Tēnā koe Minister Hipkins
Please find enclosed an urgent request from the Tertiary Education Union regarding the ongoing Health and safety of Students, staff and visitors to our Tertiary Education Institutes.
We would very much appreciate an answer within the next week as our members head back onto the campus and in front of the students.
Ngā mihi nui
INFORMATION
Rewa Wehipeihana
Executive Assistant - National Secretary
Executive Assistant – National President
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Administrator - Industrial Support
PO Box 11-767, Wel ington 6140
Mobile:
s 9(2)(a)

Visit:
http://www.teu.ac.nz

CAUTION: This email and any accompanying data may contain information that is confidential and subject to privilege. If you are not the intended recipient, you are notified that any use, dissemination, distribution or copying of this message or data is prohibited. If you have received this email in error, please notify me
immediately and delete all material relating to it. Thank you.
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Document 2
www.teu.ac.nz
+64 4 801 5098
PO Box 11767
Wellington, NZ
Minister Chris Hipkins
NZ Parliament
By email
21 October 2021
Kia ora Minister,
1982
The tertiary education sector has been substantial y impacted on by the COVID-19 pandemic.
Much of the impact is due to the inability to continue fully with face-to-face teaching and
student support.
ACT
TEU’s vaccination position paper states that COVID-19 must be dealt with as a health and safety
issue. The union bases its actions on the expert science and health advice; encouraging
members to get vaccinated and fol ow al  precautions of masking, distancing, and hand
hygiene. However, we support all staff and wil  ensure anyone whose job may be affected is
treated fairly and given options, including redeployment or alternative duties.
We urge you to work rapidly on an agreed [with TEU] risk assessment process for the tertiary
education sector, and if necessary, put in place a Public Heath Order mandating vaccinations
as staff and learners need consistency and certainty as an essential part of education.  If
vaccines are mandated for staff only, we ask that a risk analysis with regard to students,
contractors, and other visitors is carried out with a view to requiring masks/face coverings to
INFORMATION
be worn when on a TEI site.
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New Zealand needs a strong, public tertiary education sector both during this human and
social crisis and beyond if our country is to build a better future.
Ngā mihi OFFICIAL
Tina Smith
Sandra Grey
National President
National Secretary
Tertiary Education Union | 204 Willis St, Te Aro, Wellington 6011

Document 3
From:
NZ Tertiary Education Union <[email address]>
Sent:
Friday, 28 January 2022 12:45 pm
To:
Hon Chris Hipkins
Subject:
It’s big, so plan!
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1982
It’s big, so plan!
ACT
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With 260,000 learners and 30,000 staff all converging on campuses over the
next few weeks, we need leaders of the tertiary education system to stand up
and put people first.
This means getting the balance right between teaching face-to-face (we know
that’s best for many, many students) and trying to do our bit as a sector to slow
the spread of Omicron.
Some institutional leaders are doing well and saying, ‘only head to the campus
for things that can’t be done from home’.
INFORMATION
Our members thrive in the room with learners. Teaching and learning is a very
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human interaction. But they understand the need to be cautious and protect the
vulnerable.
Other employers are demanding almost double the workload from their staff,
wanting both in-person and online teaching as well as student support provided
by staff.
OFFICIAL
Just a reminder that in this moment, living with a global pandemic, moving a
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Document 3
class that was supposed to be in a room into zoom isn’t easy. And what is
happening in zoom for most teaching staff is emergency remote teaching.

Similarly, if you’re there to support students through their journey, that support
is not the same when provided through a computer screen, it’s emergency
remote support.

And yes, we need to do those things, but it’s not as simple as many think. Drop
out rates are higher when provision and support services move online.
1982

Too many leaders and managers – even a number of vice chancellors – are
saying ‘its business as usual, get back to campus’.

ACT
Not only are they saying its business as usual, they have very scant plans of
how they are going to cope with the very likely spread of Omicron and the
resulting staff absences this will cause on the campuses they are responsible
for.

It’s not good enough. It’s time for all leaders of the sector to make sure they are
working with staff, listening to their expert opinions to put together clear plans.
The best way to get through this together.

Tertiary education staff have played a range of important roles during the last
two COVID years. They’ve kept training much needed nurses, builders,
teachers, social workers and more. They’ve been providing amazing, expert
public commentary on what we need to do as a country to get through this
INFORMATION
moment. They’ve been supporting 260,000 learners so they can get the
education needed to transform lives and communities. Right now, they want to
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keep their sector running. But that can’t happen unless we think and act
responsibly.

That means empowering and enabling staff to work safely from home, then to
go onto campuses for critical tasks that can’t be done remotely. You can plan a
lesson at home, but you can’t teach a chemistry lab from home. You can write
correspondence at home, but in some cases need to be face-to-face with a
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Document 3
learner to talk about their next steps in their PhD journey.

And when we do go on campus, we need to know that rooms are well
ventilated; vaccine passes have been checked; and, that we’ve got the right
employer-provided masks.

It doesn’t seem too much to ask to keep us, learners, whanau, and
communities safe.
1982


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ACT

Authorised by Sandra Grey, TEU, 204 Wil is St, Wellington 6011.

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 New Zealand
License. 2019 Tertiary Education Union.

You are receiving this email either because you are a financial member of TEU and we have added
you to our mailing list, or because we have a record of you previously opting to add yourself to our
mailing list.

Our mailing address is:
Tertiary Education Union
PO Box 11 767
Wellington, Wellington 6142
New Zealand
INFORMATION



RELEASED UNDER THE

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3

Document 4
From:
NZ Tertiary Education Union <[email address]>
Sent:
Wednesday, 2 February 2022 10:21 am
To:
Hon Chris Hipkins
Subject:
Welcome to Tertiary Update 2022
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1982
HAU TAKI HAERE
Tertiary Update Vol 26, No 1
Welcome to Tertiary Update 2022
ACT
In this edition:
•
Te Kāhui Kaumātua Welcome
•
Te Pou Ahurei | National Secretary’s Welcome
•
Te Tumu Whakarae | National President’s Welcome
•
Te Mana Hakahou – Reshaping TEU
•
Workloads Focus
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Te Kāhui Kaumātua Welcome
Nau mai, piki mai, hoki mai rā. Greetings and welcome back.
INFORMATION
Read more...
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Te Pou Ahurei | National Secretary’s Welcome
I’m not much into New Year’s resolutions and joke every year to give up bad
habits that I don’t even have (and to keep the ones I do). But there’s a
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Document 4
resolution that I want us all to make this year – to stand together for better pay
across the tertiary education sector.

Read more...

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Te Tumu Whakarae | National President’s Welcome
1982

The start of a new year is usually a time of hope, goals, and plans.

Read more...
ACT

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Te Mana Hakahou – Reshaping TEU

Since our formation in 2009, like our predecessor unions before us, Te Hautū
Kahurangi | Tertiary Education Union has advanced mahi to recognise and
honour our commitments to Te Tiriti o Waitangi.

Read more...

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INFORMATION
Workloads Focus

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Over the course of the last few years, and 2021 particularly, workloads have
been identified repeatedly as an issue for our members. Without doubt the
ongoing impact of COVID-19 has seen workloads increase for many with often
little acknowledgement from employers.

Read more...

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Document 4
Other News:
It’s big, so plan! – TEU

Students likely Omicron vector: experts – ODT

A unified funding system (vocational education and training) – TEC

Annual inflation hits a three-decade high at 5.9 percent – Stats NZ
1982


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ACT

Authorised by Sandra Grey, TEU, 204 Wil is St, Wellington 6011.

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 New Zealand
License. 2019 Tertiary Education Union.

You are receiving this email either because you are a financial member of TEU and we have added
you to our mailing list, or because we have a record of you previously opting to add yourself to our
mailing list.

Our mailing address is:
Tertiary Education Union
PO Box 11 767
Wellington, Wellington 6142
INFORMATION
New Zealand



RELEASED UNDER THE

This email was sent to [email address]
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3

Document 5
From:
Violet - UnionAID <[email address]>
Sent:
Thursday, 10 February 2022 9:29 am
To:
Hon Chris Hipkins
Subject:
UnionAID's 2021 Annual Report
View this email in your browser
1982
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Kia ora Chris
Please find attached UnionAID’s annual report for the year 2021.
ACT
With the impacts of Covid it has been a difficult year for UnionAID and our
partners. However, despite this challenge more than $157,000 has been
donated by our supporters which, together with funding from MFAT for our
young leader programmes we have been able to fund:

11 union projects in 9 countries

4 Unions with Covid-19 crisis support

The establishment of 2 new unions

Education and skil s training for 1,378 people

5 local campaigns to improve worker rights

The Myanmar Young Leaders Programme
INFORMATION
Following the coup in Myanmar in February we had strong support for our
Myanmar Democracy Fightback Campaign and this continues.
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Unfortunately, we have been unable to run the MYLP this year but we
continue to support and fund alumni projects and the Mindanao Young
Leaders Programme and the East Indonesia INSPIRASI Programme have
been run online successful y.
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I roto I te kotahitanga
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Document 5
In unity
Violet Wilson-Baird
Digital Operations and Communications





1982
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Document 6
From:
Kirsty McCully <[email address]>
Sent:
Friday, 25 February 2022 4:56 pm
To:
Hon Andrew Little; A Little Office (MIN); A Verrall (MIN); C Hipkins (MIN)
Cc:
David Hawkins; Melissa Woolley; Jocelyn Pratt; Anaru Ryall
Subject:
PPE in Home and Community Support - Correspondence from PSA and E tu
Attachments:
PSA E tu letter to Ministers Little Hipkins and Verrall re PPE in HCSS.pdf
Kia ora Ministers,
1982
Please find attached correspondence from PSA and E tū regarding the ongoing issue of PPE provision and safety for workers in Home and Community Support settings.
Appreciate if you can look into this and come back to us as soon as practicable.
Many thanks,
Kirsty, on behalf of the unions.
ACT
Kirsty McCully
Director – Member Led Organising

P: s 9(2)(a)
| M: s 9(2)(a)

E: [email address] |  W: www.etu.nz

0800 1 UNION (0800 186 466)
An email sent from E tū may be confidential and subject to legal privilege. If you are not an intended recipient, you may not
use, disseminate, distribute, or reproduce such email, any attachments, or any part thereof. If you have received a message
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Document 6

25 February 2022

Minister of Health, Hon Andrew Little
Minister for COVID-19 Response, Hon Chris Hipkins
Associate Minister of Health, Hon Dr Ayesha Verrall
Parliament Buildings
WELLINGTON

Dear Ministers,

We write to you in urgency relating to the provision of PPE for care and support workers in  1982
community settings.

We have often raised issues during the pandemic because community care and support workers
have often had different standards applied to them when compared to other health workforces, for
example those directly employed by DHBs.
ACT

As you will recall Just before the end of last year gloves were the primary concern, specifically the
appropriate nitrile gloves being available for support workers instead of the vinyl gloves which were
being supplied and which split frequently, leaving workers exposed to bodily fluids. This issue was
eventually resolved, and we thank you for your action to resolve this. Earlier in the pandemic
response, the lack of masks for community care and support workers was of concern. Despite not
being able to maintain a distance from those they support, workers had to gain media attention to
achieve the outcome that surgical masks would be supplied for their visits. We share this
background and context because care and support workers are frustrated once again to have to
raise the following issues about PPE provision.

1.  PPE and RAT testing is required for critical community health workers in circumstances but
there is minimal provision of these to workers as of today, and what is provided is drip fed.
Workers are provided with enough PPE for up to a week and have to reorder every time they
INFORMATION
run out. They’re constantly having to follow up orders of PPE, and constantly at risk of running
out of what they need. Some workers are required to drive to pick up PPE from their employers
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and RAT tests from elsewhere in their own time, with no payment for the time or the travel.
This adds pressure to an already underpaid workforce who are feeling the pressure of increased
petrol and day to day costs as it is. In rural areas, workers or clinical managers may be required
to drive some distance and sometimes for hours, to access RAT tests and PPE.

2.  This is true also of N95s and full Covid PPE kits. These are not made available to support
workers in advance when they may encounter someone isolating at home, but rather the
workers are required to do a risk assessment at the door, not provide care and support
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(sometimes this is urgent cares and are then asked to contact their offices for arrangements to
be made to distribute PPE Further to this the worker-centered system for RAT test distribution
is unfortunately clumsy and time consuming for this workforce – requiring support workers to
gather ID, a letter from their employer, and travel to another location to collect.

3.  Clients are not being advised to wear masks when support workers visit where the client can,
and the PPE guidance most recently updated two days ago unfortunately reinforces that clients
or residents in aged or other residential care residences do not need to wear a mask. For Home

Document 6 and Community Support workers, this means that clients are only be requested, not required
where medically possible, to wear masks. Compulsory mask wearing for those clients who can
for those receiving care from a support worker is, in our members’ view, a simple step which
would improve the protection of workers during their visits and would also minimize the
possibility of transferring Covid-19 from one client to the next, with support workers often
visiting 10 or more clients in a working day, and many more across a week.

4.  This leads to the issue of rostering and work bubbles to minimize the spread of Covid-19. Some
employers are directing support workers to provide care in households with Covid positive
clients or family members, with full PPE, to then travel to other clients who are not Covid
positive or close contacts, utilizing minimal PPE for the second visit. In addition, despite the
need to risk assess at the door or don and doff PPE for each visit, there is no additional time
allocated for this for support workers. Visits can be as short as 15 minutes, and a 30-minute visit
is common. This ultimately means workers are doing this work in their own time. Government
direction on these matters to providers is needed.

To summarise:
•  There is a slow supply from MOH of PPE to providers, and inadequate amounts, meaning
1982
official PPE guidance cannot be followed and support workers feel unsafe doing their jobs.
•  There is inadequate training for home and community support workers on PPE. They are
sent videos to watch and have no in person instruction or guidance. This could mean PPE is
not being used effectively.
•  RAT testing – home and community support workers do not have access to a reliable supply
ACT
of RAT rests. Providers are yet to be supplied these.
•  Client mask wearing still an issue and the guidance does not assist. The guidance should be
updated.
•  Crisis packs with adequate PPE are only being deployed when there’s a positive Covid case,
and support workers do not have access to adequate PPE until this occurs. This system
places support workers at risk, and is too slow, too late. Arguably, all support workers should
have access to N95s for each client at this point.

The care workers are providing is essential, not optional care. It’s toileting and showering, and
wound care, and more. Support workers need access to full PPE, and for RAT tests to be made more
easily accessible. Work bubbles need to be mandated in the sector to segment the workforce dealing
with Covid positive clients/households, and those who are not.

Support workers are feeling frustrated and burnt out, and we are seeing many, at this point, taking
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the decision to leave the sector. They want to feel that their safety is being considered, and is
important, and that they don’t risk their clients lives when they go out there to do their jobs every
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day.

Please can you urgently consider how the above issues may be addressed.

Regards,

OFFICIAL

Melissa Woolley
Kirsty McCully
Assistant National Secretary

Director
NZPSA Te Pūkenga Here Tikanga Mahi
E tū union

Document 7
From:
President | CANZ Union <[email address]>
Sent:
Monday, 7 March 2022 10:00 am
To:
[email address]
Cc:
Ashley Bloomfield; C Hipkins (MIN); K Davis (MIN); MARSH, Leigh (WELLHO); [email address]; FITZPATRICK, Fiona (WELLHO); Vice President | CANZ Union
Subject:
COVID Mandate Concerns
Attachments:
COVID Mandate Letter.pdf
Importance:
High
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Hi Jeremy
Attached is our letter requesting an urgent response and review of the COVID Mandate within prisons.
We are seeking an urgent outcome and have included the following for involvement and comment:
CC to the Minister for Corrections – Kelvin Davis [email address]:
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CC to the Minister for the Covid-19 Response- Chris Hipkins [Chris Hipkins request email];
CC The Director General of Health – Dr Ashley Bloomfield [email address]
Kind regards
Juan (Floyd) du Plessis | President
Corrections Association New Zealand
Mobile: s 9(2)(a)

Email: [email address]
REDUCING REOFFENDING STARTS IN PRISON – STOP THE ASSAULTS ON STAFF
CANZ YOUR UNION IN PRISONS
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Document 7
7th March 2022
Jeremy Lightfoot
Chief Executive
Department of Corrections
By email: [email address]
Dear Jeremy
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VACCINATION MANDATE CONCERNS
1.
The purpose of this letter is to raise with you the very grave concerns that we have for the
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employment of our members, and for the health and safety of our members and others
within prisons, as a result of the enforcement of the vaccination mandate.
Background to Department of Corrections Mandate
2.
As you are aware, when the Department of Corrections initially carried out its risk
assessment the Corrections Association of New Zealand Inc (CANZ) was involved in that
process. This included discussing types of measures and controls, including vaccination,
that may be required in different parts of the prisons to address the then understood risks of
Covid-19. CANZ withdrew from that process when we were led to believe that your
managers purpose of the risk assessment was no longer to assess appropriate measures
and controls but for the purpose of putting in place a vaccination mandate and requesting
the Government to legislate a vaccination mandate order covering Corrections staff.
3.
CANZ made it very clear to your managers that it did not agree with or support the change
INFORMATION
within the process, and it did not agree with the risk assessment that the Department of
Corrections produced. We made it clear that we felt the risk assessment had not been done
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correctly and was geared towards an outcome that was not correct or objective. We also
note that CANZ were not consulted about the final form of the risk assessment.
Current Situation
4.
CANZ has been advised by your managers that approximately 50% or less of the staff at
numerous sites, employed in Corrections prisons are currently ‘non-operational’ as they
OFFICIAL
have either been infected with Covid-19 or are self-isolating in accordance with Department
of Corrections protocols.
5.
As a result of that situation, the Department of Corrections is currently implemented an
emergency plan to deal with extreme staff shortages. The emergency plan includes a
number of levels or phases, as the number of non-operational staff increases.  Our
understanding is that most prisons are currently at level 1, and other prisons, particularly in
the Auckland region are at level 2.

Document 7
6.
We understand from the communication from your managers that this is expected to get
worse during the next fortnight, as the number of Omicron infections within the community
increases.

7.
Earlier this week we were informed that the Department of Corrections started contacting
our members who have not had their vaccination booster and were thus impacted by the
COVID-19 Public Health Response (Vaccinations) Order 2021 and the COVID-19 Public
Health Response (Vaccinations) Amendment Order 2022 (which amendment came into
force on 23 January 2022). We understand that there are approximately 1,000 operational
staff in this category.  We understand that around 200 of those staff were immediately
affected as at 1 March 2022, and have been stood down by the Department of Corrections.
This number is likely to increase as the 183 day timeline within the Vaccination Order
expires for each member.

8.
Our immediate concerns are twofold:
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(a)
the effect of the Order on staff that have not received a booster is causing a great
deal of stress and anxiety caused by the uncertainty as to whether their income (and
employment) will be ongoing;
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(b)
the effect of the requirement for a booster is exacerbating the current staff shortages
caused by the virus itself, and further seriously limiting the ability of frontline staff to
provide and meet the most basic needs of the prisoners, including their periods of
unlock, which are necessary for their welfare. As you know full well, increasing lock
up periods for prisoners has a detrimental effect on them, including an increased risk
of self-harm and increased risk of violence towards other prisoners and frontline
Correction officers.

9.
It is our very real concern that the ongoing effect of the vaccination mandate in the current
circumstances is likely to result in minimal and potentially no daily unlocked time for
prisoners.  When those prisoners are then unlocked (when staffing levels permit),
experience tells us that there is a heightened risk of serious violence, directed at either
frontline staff, or other prisoners.

10.
In CANZ’s view, the original vaccination mandate was unnecessary at the time it was
INFORMATION
effected, and that other targeted controls and measures would have been just as effective,
in many circumstances, at reducing the transmission of Covid-19. Given the low
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vaccination rates of prisoners, and the high number of Covid-19 cases in prisons, our
concerns with the mandate itself appear to have been validated.

11.
In addition, at the time the risk assessment was conducted the impact of the Omicron
variant had not been discussed or consulted about. The view expressed by the health and
safety team at the Department of Corrections at the time was that vaccination was a
necessary control for preventing the transmission of Covid-19. That was the predominant
reason that vaccination was preferred, at that time.
OFFICIAL

12.
It is now abundantly clear that vaccination does little if anything to prevent the transmission
of the Omicron variant. As the purpose of the mandate, to our knowledge (and based on
the Department of Correction’s risk assessment), was predominately to prevent the
transmission of Covid-19 within prisons, that proposition is clearly no longer sustainable.

Document 7
13.
Your managers have not advised CANZ what, if any, steps are being taken to address the
potentially disastrous consequences of the extreme staff shortages we already have,
exacerbated by an unnecessary requirement that already vaccinated staff also receive a
booster.  It is not clear to what extent a booster will reduce the serious consequences of
Covid-19 compared to a person who is already vaccinated.

14.
Can you please advise CANZ as soon as possible, and no later than 5:00 pm on Tuesday,
8 March 2022 what steps the Department of Corrections has taken to:

(a)
Consider whether grounds exist under s9 of the COVID-19 Public Health Response
(Vaccinations) Order 2021 to allow affected persons who have not received a
vaccination or booster to carry out the specified work; and/or

(b)
Apply to the Director General of Health under s9A of the COVID-19 Public Health
Response (Vaccinations) Order 2021 to authorize affected persons who have not
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received a vaccination or booster to carry out the specific work; and/or

(c)
Discuss with the Minister for Corrections whether it is now appropriate to have the
Department of Corrections removed from Schedule 2 of the COVID-19 Public Health
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Response (Vaccinations) Order 2021; and/or

(d)
Revise the original risk assessment in light of the nature of the Omicron variant, the
impact of the vaccine and boosters on that variant, and the health and safety risks of
staff shortages; and/or

(e)
Engage effectively with the Department’s workers in relation to the current and
emerging risks and the controls being used.

15.
We advise you that we have instructed lawyers to prepare judicial review proceedings and
will challenge:

(a)
the lawfulness of the vaccination mandate itself at the time it was ordered;

(b)
the lawfulness of the booster mandate at the time it was ordered;

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(c)
the lawfulness and justification for continuing with the mandate in the current
circumstances.
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16.
This situation is urgent. CANZ’s view is that the health and safety detriment that is likely
from the additional staff shortages caused by the vaccination booster requirements in
addition to the expected staff shortages that the Department of Corrections already has due
to the effects of Covid-19, outweigh any possible benefits of requiring all staff to also have a
vaccination booster.

17.
We look forward to your earliest reply.
OFFICIAL

Document 7
Yours Sincerely

Juan (Floyd) du Plessis | President
Corrections Association New Zealand

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cc Minister of Corrections
cc Minister for Covid-19 Response
cc Director General of Health
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Document 8
From:
Helen Wilson - UnionAID <[email address]>
Sent:
Wednesday, 23 March 2022 5:14 pm
To:
Hon Chris Hipkins
Subject:
Solidarity/28: News from our international partners
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1982
Autumn 2022
ACT
Kia ora Chris
Hot off the press in the Autumn newsletter – thanks to your support

youthful unionists are using new and creative ways to build
membership in Indonesia and the Philippines

displaced Myanmar children are back in the classroom thanks to
our teacher unions - NZEI and PPTA

remote Eco village project in Myanmar harvests first crops
Another call for donations to the Myanmar Appeal – our on-the-
ground contacts are requesting money for striking nurses, doctors and
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teachers who are providing free services to internally displaced
people. $100 pays one nurse to work for a month. Every bit counts.
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Ngā mihi mahana
Helen Wilson
Programme Manager | Myanmar Young Leaders Programme
OFFICIAL
1

Document 8

Autumn 2022
1982


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Go BIEN! Catchy
UnionAID funds
Eco Project  ACT
Campaign
two new union
sustains whole
Attracts members
projects
Myanmar village

Who would have
Free Trade Zones and
In a remote village in
thought serenading the
General Services
Myanmar, a recent
government with a
Employees Union in
harvest of gourd, corn,
Christmas carol about
Sri Lanka and the
pumpkin, beans,
pay and conditions for
National Garment
cucumber, radish, and
call centre members
Workers Federation in
marrow shows
would be a useful
Bangladesh have
evidence of the success
campaigning tool?
secured more
of the eco village.

UnionAID funding

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read more >>

read more >>

read more >>

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More stories

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Football tournament wins new union
Striking Myanmar teachers
members in Indonesia
supported by NZ Unions

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