16 May 2022
Chuck Schooner
[FYI request #18907 email]
Ref: OIA0687
Dear Chuck Schooner
Official Information Act request for documents relating to proof of vaccination for
non-New Zealand citizens
Thank you for your Official Information Act 1982 (the Act) request, transferred to this office
on 12 April 2022. You requested:
“ Just a fol ow up on this - as per Government policy
- non-New Zealand citizens including New Zealand permanent residents need
proof of vaccination to enter NZ
- non-New Zealand citizens who are transiting New Zealand require proof of
vaccination
- foreign air crew arriving in New Zealand require proof of vaccination
Proof of vaccination is not required for refugees or people entering from Ukraine
amongst other groups - can you please provide all documentation collaborating
with The Ministry of Health relating to the following
- Documents, reporting, risk assessments and recommendations as to why the
above groups are required to have proof of vaccination - is it a perceived higher
risk? Please provide the public health recommendation for this group of people
requiring vaccination
- Documents, reporting, risk assessments and recommendations as to why
refugees and people from Ukraine ARE NOT required to have proof of vaccination
- is it a perceived lower risk? Please provide the public health recommendation for
this group of people and why the don't require vaccination.
If the above has not been done then why not? Surely refugees and people from
Ukraine would then fall under the category of non-New Zealand citizens entering in
New Zealand who require vaccination.”
As you will be aware, since 1 November 2021, vaccination requirements have been in
place for non-New Zealand citizens entering New Zealand by air. Unlike other travellers,
New Zealand citizens have a right to enter New Zealand under the New Zealand Bill of
Rights Act 1990. That right does not extend to Permanent Residents of New Zealand.
Vaccination has played a key role in our COVID-19 response. Vaccination helps protect
travellers against severe illness (or death). Vaccination requirements also help to reduce
the pressure on our health system. In keeping with the Government’s longstanding
approach to the COVID-19 response, border settings, including vaccination requirements,
are kept under constant review and informed by public health advice.
On Tuesday 3 May 2022, I announced that the Government is broadening the ability for
residence class visa holders to re-enter New Zealand by allowing these visa holders who
are not vaccinated against COVID-19 entry to New Zealand from 6 May 2022.
This broadened criteria for return is being enabled initially by the Director-General of
Health signing a class exemption which allows unvaccinated travellers holding either a
Permanent Resident Visa or a Resident Visa, and Australian citizens ordinarily resident in
New Zealand, to enter the country. This class exemption will not prevent people in other
groups from continuing to apply for exemptions based on their individual circumstances.
Currently, travellers entering New Zealand by air must have proof of vaccination unless
they:
are a New Zealand citizen
have a New Zealand residence class visa
are an Australian citizen ordinarily resident in New Zealand
are a child aged 16 years and under
cannot be vaccinated for medical reasons —electronic or paper evidence from a
health practitioner is required
are a refugee arriving in New Zealand for the first time
are a citizen of Afghanistan and they are being evacuated
are arriving from Antarctica
have been granted a visa under the 2022 Special Ukraine Visa Policy; or if they
are or were ordinarily resident in Ukraine at any point on or after 1 January 2022.
With regard to your request for certain documents, the following three documents have
been identified as being within scope of this part of your request. These documents will
be published shortly on the Unite Against COVID-19 website:
https://covid19.govt.nz/about-our-covid-response/proactive-releases/border/
Date
Title
10 September 2021
Advice on Requiring Non-New Zealand citizens entering
managed isolation facilities to be vaccinated
4 October 2021
Cabinet Minute:
COVID-19 Vaccination requirements for
non-New Zealand citizens entering New Zealand
14 March 2022
Cabinet Paper:
Reconnecting New Zealanders: Further
Changes to International Border Settings
This part of your request is therefore refused under section 18(d) of the Act as the
information requested is soon to be publicly available.
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I am advised that the Department of the Prime Minister and Cabinet (DPMC) does not
undertake risk assessments or provide public health recommendations regarding the
requirement for non-New Zealand citizens to be vaccinated before being able to enter
New Zealand. Public health advice on this issue is provided by the Ministry of Health and
I understand you have sent this same request to the Ministry.
Additionally, I am advised that DPMC does not undertake risk assessments or provide
public health recommendations which outline or ascertain the risk of those granted a 2022
Special Ukraine visa or refugees who are unvaccinated against COVID-19.
New Zealand’s resettlement of quota refugees reflects the Government’s commitments
and contribution to global humanitarian crises. Quota refugees have been granted
exemptions from vaccination requirements on humanitarian grounds due to their specific
circumstances such as not having access to vaccines approved by the New Zealand
Government and the urgency in which they had to travel to New Zealand.
I am advised that my colleague, Minister Faafoi in his response to your initial request dated
17 March 2022 confirmed details of the 2022 Special Ukraine visa category are contained
within a Cabinet paper which is soon to be proactively released by the Ministry of
Business, Innovation and Employment. This part of your request therefore is also refused
under section 18(d) of the Act, as the information requested will soon be publicly available.
You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
Yours sincerely
Chris Hipkins
Minister for COVID-19 Response
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