COVID-19 Public Health Response (Protection Framework) Order 2021

Mathew Ultee made this Official Information request to Chris Hipkins

Currently waiting for a response from Chris Hipkins, they must respond promptly and normally no later than (details and exceptions).

From: Mathew Ultee

Dear Chris Hipkins,

Exactly what legislation/order/act and or clauses make it legal for a non regulated business as defined under COVID-19 Public Health Response (Protection Framework) Order 2021 to use and run the CVC system/rules?

The only businesses that I can see in the schedules that can run the CVC system/rules are:

Food and drink businesses or services
Close-proximity businesses and services
Gyms

As well as defined Events and Gathering

As per clause 26 Only regulated businesses have to display CVC or Non CVC signs is this correct? If it is not please point to the clauses and or acts/orders/bills that make this legal.

regulated business or service has the meaning given by clause 25(3) of the COVID-19 Public Health Response (Protection Framework) Order 2021

25(3)
In this clause,—
CVC rules means the COVID-19 provisions that apply to that business or service as specified in Part 3 of the active COVID-19 response schedule
non-CVC rules means the COVID-19 provisions that apply to that business or service as specified in Part 3 of the active COVID-19 response schedule
regulated business or service means a business or service of a kind specified in an active COVID-19 response schedule for the purpose of this clause.

This sort of discrimination was not legal before the frame work order so what makes it legal now?

Yours faithfully,

Mathew Ultee

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From: C Hipkins (MIN)
Chris Hipkins

Kia ora

 

Thank you for taking the time to write to Hon Chris Hipkins, Minister for
COVID-19 Response, Minister of Education, Minister for the Public Sector
and Leader of the House.

We are receiving a significant amount of correspondence at the moment and
although your email will be carefully considered and noted, it is not
possible to respond to each individual email. However we will endeavour
to respond to your individual queries as soon as we can.

In the meantime, information about the COVID-19 Protection Framework can
be found here:
[1]https://covid19.govt.nz/traffic-lights/c...
and guidance for businesses can be found here:
[2]https://www.business.govt.nz/covid-19/
Current locations of interest are set out
at [3]https://www.health.govt.nz/our-work/dise...
encourage anyone who has been at one of the locations of interest at the
time specified to self-isolate and call Healthline on 0800 358 5453. 

 

You can find the nearest testing centre to you
at [4]https://www.healthpoint.co.nz/covid-19/ and your nearest
vaccination centre at
[5]https://www.healthpoint.co.nz/covid-19-v.... You can also book
your vaccination at [6]https://bookmyvaccine.covid19.health.nz/ or by
calling 0800 28 29 26.

 

To get your My Vaccine Pass online head to
[7]https://mycovidrecord.health.nz/ or for help over the phone you can
call 0800 222 478 between 8am and 8pm, 7 days a week. Those pharmacies
giving COVID-19 vaccines can also help with My Vaccine Pass face to face,
and can be found here:
[8]https://www.healthpoint.co.nz/covid-19-v...
.

We appreciate that this is a challenging time. If you need to talk, you
can call or text 1737 at any time. Mental health and wellbeing resources
are also available
at [9]https://www.health.govt.nz/our-work/dise...
about the financial support available to individuals and businesses can be
found
at [10]https://covid19.govt.nz/business-and-mon....

We also understand that there are several other aspects to the response
that are very important to people. You can find more information about:

o Managed Isolation and Quarantine (MIQ)
at [11]https://www.miq.govt.nz/, including how to request an emergency
allocation
at [12]https://www.miq.govt.nz/travel-to-new-ze...
make a complaint or request a review of your application by
emailing [13]https://www.miq.govt.nz/about/contact-us....
o Travel with Australia
at [14]https://covid19.govt.nz/travel/quarantin...
you are in Australia, please register
at [15]https://www.safetravel.govt.nz/ and if it is an emergency,
contact the Consulate on +64 99 20 20 20.
o Vaccine data and statistics
at [16]https://www.health.govt.nz/our-work/dise...
Medsafe’s vaccine safety monitoring reports
at [17]https://www.medsafe.govt.nz/COVID-19/vac...
o The Government’s plan to reconnect New Zealand with the rest of the
world
at [19]https://covid19.govt.nz/reconnecting-new....

Please remember to take care, and be kind. We have beaten COVID-19 before,
and we can do it again.

Ngā mihi,

Office of Hon Chris Hipkins

Minister for COVID-19 Response | Minister of Education | Minister for the
Public Sector | Leader of the House | MP for Remutaka

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From: Erin Sampson

Good afternoon Mathew Ultee,
 
Thanks for your enquiry. There are several grounds under which a business
may use the CVC system/rules:
 

* The Health and Safety at Work Act 2015 enables a non-regulated
business to use and run the CVC system/rules for staff and
customers/clients (where non-regulated business is defined under
COVID-19 Public Health Response (Protection Framework) Order 2021).
* The vaccination assessment tool , recently enabled by a Public Health
Order, allows for businesses to require staff to be vaccinated.
* Businesses and property owners are able to place conditions of entry
on access, provided they do not breach the Human Rights Act (this is
an existing right, not something specific to COVID legislation)
* CVC rules under the Protection Framework Order (for regulated
businesses) for customers
* Vaccination requirements for staff set out in the Vaccination Order

 
You are correct in that only regulated businesses are required to provide
signage under the Protection Framework Order, however, the Government
strongly recommends that businesses display signage setting out any
requirements they may have for people to present CVCs/My Vaccine Passes
(see link below for resources).
 
Links to relevant legislation and guidance are set out below.
 
[1]Health and Safety at Work Act 2015
 
Guidance from WorkSafe on CVCs, COVID 19 and health and safety:
 
[2]Operating safely – what you need to think about | WorkSafe
[3]How to decide what work requires a vaccinated employee | WorkSafe
 
[4]COVID-19 Public Health Response (Vaccination Assessment Tool)
Regulations 2021 (SL 2021/418)
 
Guidance on the Vaccination Assessment tool: [5]Vaccination assessment
tool — business.govt.nz (this also notes that businesses and property
owners can place conditions on entry)
 
[6]COVID-19 Public Health Response (Protection Framework) Order 2021
 
[7]COVID-19 Public Health Response (Vaccinations) Order 2021  
 
[8]Posters | Unite against COVID-19 (covid19.govt.nz) provides resources
for businesses and services, including advertising requirements to present
My Vaccine Passes.
 
I note that this is an Official Information Request, but as this
information is all publicly available (as provided above), section 18(d)
of the Official Information Act applies.  You have the right to ask the
Ombudsman to investigate and review my decision under section 28(3) of the
Act.
 
Noho ora mai | Stay wellErin Sampson (he/him) | Private Secretary,
COVID-19 Response
Office of Hon Chris Hipkins   
Minister for COVID-19 Response
īmēra: [email address]  
 
 
 

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From: Mathew Ultee

Dear Erin Sampson,

Thanks for your reply

* The Health and Safety at Work Act 2015 enables a non-regulated
business to use and run the CVC system/rules for staff and
customers/clients

I would like to see the specific clause that is used to justify this under the HSW Act 2015, as per the original OIA (in caps in the below quotations).

"Exactly what legislation/order/act AND/OR CLAUSE'S make it legal for a non regulated business as defined under COVID-19 Public Health Response (Protection Framework) Order 2021 to use and run the CVC system/rules?"

This was not legal before the COVID-19 Public Health Response (Protection Framework) Order 2021, i.e. discrimination based on medical status. I see no clause that allows a non regulated business to do this. I suspected a generic HSW act response "für Ihre Sicherheit" doesn't really wash when such wide spread unjustified discrimination is being enacted. The Flu vaccination or any other is not legally allowed to be mandated for entry so what's new (COVID-19 Public Health Response (Protection Framework) Order 2021, is but it doesn't make it legal for an unregulated business). I feel the law making is sloppy discriminatory and invalid for any unregulated business and this weak response has confirmed it.

If I'm in court for discrimination for refusing entry to someone I cant just say HSW act 2015.

* Businesses and property owners are able to place conditions of entry
on access, provided they do not breach the Human Rights Act (this is
an existing right, not something specific to COVID legislation)

This one doesn't work sorry, right of refusal of sale is allowed but a business must not discriminate on medical status or any other reason under the human rights act i.e. no Jews or AIDS patients allowed!

* The vaccination assessment tool , recently enabled by a Public Health
Order, allows for businesses to require staff to be vaccinated.

This is super weak and not legislation, its highly subjective and should involve consultation. I can run an assessment and come out with a very different result. The meth testing industry for houses was an example of how hopeless politicians are and making risk assessments.

I only chose this route as I never get any responses from government departments from standard emails

Yours sincerely,

Mathew Ultee

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From: Erin Sampson

Kia ora Mathew,

Thank you for your email. As noted below, the information you request is publically available and your OIA request has been refused under section 18(d) of the Act.

Your questions ask for a legal interpretation of information that is publically available for which you might consider engaging legal advice.

I note that the formatting of fyi.org has meant that the hyperlinks I provided to your original question were not included. Please let me know if you have trouble finding any of the information referenced and I will provide you with the website addresses.

Noho ora mai | Stay well

Erin Sampson (he/him) | Private Secretary, COVID-19 Response
Office of Hon Chris Hipkins
Minister for COVID-19 Response
īmēra: [email address]

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From: Mathew Ultee

Dear Erin Sampson,

None of the shared links show where it is legal for a non regulated business (as defined under the COVID-19 Public Health Response (Protection Framework) Order 2021) can enact the CVC scheme for their customers.

Since you have refused to answer under 18d the question, what clause's of the HSW Act 2015 say it is legal for a non regulated business as defined in the COVID-19 Public Health Response (Protection Framework) Order 2021 to enact the discriminatory CVC scheme let me re-phrase the question.

Can I see any and all correspondence, emails, meeting minutes, memos and or govt legal advice that show it is legal for a non regulated business (as defined under the COVID-19 Public Health Response (Protection Framework) Order 2021) to use the CVC scheme/system/rules (as defined under the COVID-19 Public Health Response (Protection Framework) Order 2021) for their customers.

Your original answers suggest some clause/clauses in the HSW Act 2015.

Yours sincerely,

Mathew Ultee

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From: Erin Sampson

Kia ora Mathew,
 
Thank you for your request under the Official Information Act for:
 
any and all correspondence, emails, meeting minutes, memos and or govt
legal advice that show it is legal for a non regulated business (as
defined under the COVID-19 Public Health Response (Protection Framework)
Order 2021) to use the CVC scheme/system/rules (as defined under the
COVID-19 Public Health Response (Protection Framework) Order 2021) for
their customers.
 
I believe that the information you have requested in more closely
connected to the functions of the Department of the Prime Minister and
Cabinet. Accordingly, I have decided under section 14(b)(ii) of the Act to
transfer your response to that Department.
 
The Department has the usual time limits under the Act from receipt of
this transfer to make a decision on your request.
 
Noho ora mai | Stay wellErin Sampson (he/him) | Private Secretary,
COVID-19 Response
Office of Hon Chris Hipkins   
Minister for COVID-19 Response
īmēra: [email address]  
 
 

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From: Mathew Ultee

Dear Erin Sampson,

I would just like to add
COVID-19 Public Health Response (Protection Framework) Order 2021
31 Person must not be denied access to certain premises on vaccination grounds
32 Person must not be denied access to goods or services from certain premises on vaccination grounds

Certain Premises is not defined in the act so it can only be assumed it is any thing other than a regulated business or service or anything that isn't in part 4.

Yours sincerely,

Mathew Ultee

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From: Erin Sampson

Thank you, I have passed this onto the Department of the Prime Minister and Cabinet.

Noho ora mai | Stay well

Erin Sampson (he/him) | Private Secretary, COVID-19 Response
Office of Hon Chris Hipkins
Minister for COVID-19 Response
īmēra: [email address]

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Daryl Trask left an annotation ()

For the minister of the covid-19-(re)sponse is with the criminal-(in)tent of the crimes-(a)gainst-humanity & genocide.
For the minister of this role (among others) are with the crimes of the penalty with the death sentence by the hanging or firing-squad.

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Daryl Trask left an annotation ()

: VOID-(A)BOVE.
For the minister of the covid-19-(re)sponse is with the criminal-(in)tent of the crimes-(a)gainst-humanity & genocide.
For the minister of this role (among other ministers) is with the crimes of the penalty with the death-sentence by the hanging or firing-squad.

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Things to do with this request

Anyone:
Chris Hipkins only: