133 Molesworth Street
PO Box 5013
Wellington 6140
New Zealand
T+64 4 496 2000
5 April 2022
Chuck Schooner
By email: [FYI request #18863 email]
Ref:
H202203884
Tēnā koe Chuck
Response to your request for official information
Thank you for your request under the Official Information Act 1982 (the OIA) on 14 March 2022
for information relating to the Covid-19 Public Health Response (Vaccinations) Order 2021. You
specifically requested:
“Documents that outline the origination of the Covid-19 Public Health Response
(Vaccinations) Order 2021
- Did the order originate from politicians or a group of professionals
- All of the parliamentarians that supported / recommended this be approved
- Who were the people / persons that came up with the order and recommended it to the
politicians - the reporting and signatories involved
Like other Public Health Response Orders, the Vaccinations Order is made by the Minister for
COVID-19 Response under section 11 of the
COVID-19 Public Health Response Act 2020 (the
Act) in accordance with section 9 of that Act. The purpose of the COVID-19 Public Health Act
Response is to support a public health response to COVID-19.
Section 11 of the Act sets out the purposes for Orders can be made under the Act (for example
preventing, containing, reducing, controlling, managing, eliminating, or limiting the risk of the
outbreak or spread of COVID-19), an
d Section 9 of the Act specifies the requirements for
making (or amending) COVID-19 Orders. This includes, having regard to advice from the
Director General of Health and to have consulted with the Prime Minister, the Minister of
Justice, and the Minister of Health before making (or amending) an Order.
During the pandemic, Public Health Response Orders are made in response to problem where
a regulatory solution to help prevent the risk of an outbreak or spread of COVID-19, is the most
appropriate way forward. This includes a culmination of public health, scientific, policy, etc.
advice.
The requirements under the Act also means that for the Minister for COVID-19 Response to
make or amend the Vaccinations Order, certain criteria need to be met so that the Order meets
the requirements under the Act.
Are there provisions in the Pfizer contract that required the government to mandate the
vaccine in any form - if so who are the individual persons responsible for agreeing the
Pfizer contract - please provide all recommendation reporting recommending that the NZ
Government enter into contract with Pfizer and the signatories to the report .”
Copies of the contracts between Pfizer and the New Zealand Government are withheld in full
under the following sections of the OIA:
• section 9(2)(b)(ii) – where their release would likely unreasonably prejudice the
commercial position of the person who supplied the information; and
• section 9(2)(ba)(ii) – to protect information which is subject to an obligation of confidence
or which any person has been or could be compelled to provide under the authority of
any enactment, where the making available of the information would be likely otherwise
to damage the public interest.
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.
Under section 28(3) of the OIA, 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.
Nāku noa, nā
Jan Torres
Acting Manager, OIA Services
Office of the Director-General
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