Kia ora,

Thank you for contacting the Official Information Act request mailbox for
the Ministry of Justice. 

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You can find more information about how we can help you at our [1]Official
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Ngā mihi,

Ministerial Relations and Services

Governance and Assurance

DDI: +64 4 918 8800

Justice Centre I Aitken Street

DX Box SX 10088 I Wellington

[4]www.justice.govt.nz

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Kia ora John,

Thank you for contacting the Ministry of Justice.

We acknowledge receipt of your request regarding obligations, correspondence, derogation, and remedies under the International Covenant on Civil and Political Rights (ICCPR).

This has been forwarded to the relevant business unit for consideration and response.

You can expect a response by 18/07/2023.

The Ministry of Justice may publish the response to your request on our website, you can expect that if your OIA is to be published that this will take place at least 10 working days after it has been sent you. Your name and any other personal information will be withheld under Section 9(2)(a) (protect the privacy of natural persons).

Ngā mihi,

Ministerial Relations and Services | Strategy, Governance and Finance
Ministry of Justice | Tāhū o te Ture
Level 6 Justice Centre | Aitken Street
DX Box SX 10088 | Wellington
www.justice.govt.nz

-----Original Message-----
From: John <[FOI #23181 email]>
Sent: Monday, 19 June 2023 4:47 pm
To: [Ministry of Justice request email]
Subject: Official Information request - Obligations, correspondence, derogation, and remedies under the International Covenant on Civil and Political Rights

To whom it may concern at the Ministry of Justice,

This notification is a request for information through the Official Information Act 1982.
I note that the Ministry of Justice website (www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/human-rights/international-human-rights/international-covenant-on-civil-and-political-rights/ regarding the International Covenant on Civil and Political Rights (ICCPR) states that “The Ministry of Justice is responsible for administering the ICCPR and its Optional Protocols” and “New Zealand ratified the ICCPR on 28 December 1978”.

This is a request that the Ministry of Justice release official documentation and correspondence relating to the following questions:

1. Over the time period between 1st of October 2019 and 1st of June 2023, has New Zealand, the New Zealand Government, and/or the Ministry of Justice availed itself of the right of derogation under Article 4 of International Covenant on Civil and Political Rights?

2. Can all documentation and communications sent, over the time period between 1st of October 2019 and 1st of June 2023, to other State Parties and/or the Secretary-General of the United Nations which relate to the International Covenant on Civil and Political Rights be released?

3. When was the Secretary-General of the United Nations, or the Human Rights Committee formed under the International Covenant on Civil and Political Rights, informed that the COVID-19 Public Health Response Act 2020 and/or any of that act’s amendments or orders (including the COVID-19 Response (Vaccinations) Legislation Act 2021) represented a situation where the New Zealand Government was not fulfilling its obligations under the International Covenant on Civil and Political Rights?

4. What domestic remedies have been invoked and effected to remedy the rights and freedoms violated by the COVID-19 Public Health Response Act 2020 and/or any of that act’s amendments or orders, including the COVID-19 Response (Vaccinations) Legislation Act 2021?

5. When was the Ministry of Justice informed that the COVID-19 Public Health Response Act 2020 and/or COVID-19 Response (Vaccinations) Legislation Act 2021 could represent a situation where the New Zealand Government was not fulfilling its obligations under the International Covenant on Civil and Political Rights?

6. When did the Ministry of Justice inform the Minister of Justice, Prime Minister, Attorney-General, and/or the Minister for COVID-19 Response that the COVID-19 Public Health Response Act 2020 and/or COVID-19 Response (Vaccinations) Legislation Act 2021 could represent a situation where the New Zealand Government was not fulfilling its obligations under the International Covenant on Civil and Political Rights?

Can the Ministry of Justice provide all their correspondence and official documentation which relates to the matters raised in the above six questions?

Sincerely,
John

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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #23181 email]

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hide quoted sections

Kia ora,

 

Please find your OIA response attached.

Ngā mihi,

Paul

 

 

 

 

From: Easton, Paul <[email address]>
Sent: Wednesday, 2 August 2023 7:27 pm
To: [Ministry of Justice request email]
Subject: Fwd: OIA response

 

Kia ora

 

Thank you for contacting the Ministry of Justice.

 

We acknowledge receipt of your request regarding the International
Covenant on Civil and Political Rights (ICCPR).

 

This has been forwarded to the relevant business unit for consideration
and response.

 

You can expect a response by 30/08/2023.

 

The Ministry of Justice may publish the response to your request on our
website, you can expect that if your OIA is to be published that this will
take place at least 10 working days after it has been sent you. Your name
and any other personal information will be withheld under Section 9(2)(a)
(protect the privacy of natural persons).

 

Ngā mihi, 

   

Ministerial Relations and Services | Strategy, Governance and Finance

Ministry of Justice | Tāhū o te Ture
Level 6 Justice Centre | Aitken Street

DX Box SX 10088 | Wellington

[1]www.justice.govt.nz

Begin forwarded message:

From: John <[2][FOI #23181 email]>
Date: 2 August 2023 at 5:19:19 PM NZST
To: "Easton, Paul" <[3][email address]>
Subject: Re: OIA response

To whom it may concern at the Ministry of Justice,

This notification is a further request for information through the
Official Information Act 1982.
It is a reply to the Ministry of Justice’s response letter of the 18th
of July 2023, OIA ref. 105425).

Thank you for the responses provided. However, the answer provided to
Question 1 was unclear.

Question 1 was:

“Over the time period between 1st of October 2019 and 1st of June 2023,
has New Zealand, the New Zealand Government, and/or the Ministry of
Justice availed itself of the right of derogation under Article 4 of
International Covenant on Civil and Political Rights?”

Based on the answers the Ministry of Justice provided to question 1, 2,
and 3 it is implied that the New Zealand Government did not availed
itself of the right of derogation under Article 4 of the International
Covenant on Civil and Political Rights?

Can your organisation clearly confirm that the New Zealand Government
and/or the Ministry of Justice did not avail itself of the right of
derogation under Article 4 of the International Covenant on Civil and
Political Rights at any stage between 1st of October 2019 and 1st of
June 2023?

Though not a request for further information, I also need to reply to
the Ministry of Justice’s response to Question 5. The claim that the
COVID-19 Public Health Response Act 2020 and the COVID-19 Response
(Vaccinations) Legislation Act 2021 were consistent with the New Zealand
Bill of Rights Act 1990 is disputed by many people and parties within
New Zealand. Court cases, such as YARDLEY v MINISTER FOR WORKPLACE
RELATIONS AND SAFETY [2022] NZHC 291 [25 February 2022], have found
related orders to be unlawful and proved that the government was
struggling to demonstrably justify the limitations using Section 5 of
the New Zealand Bill of Rights Act 1990.  In addition, the severe,
unprecedented, and widespread breaches of many affirmed rights since the
passing of the COVID-19 Public Health Response Act 2020, particularly
those rights required for the functioning of a healthy democracy (such
as rights of expression, thought, conscience, belief, association,
movement, and peaceful assembly), undermines the assumption that we were
actually living in a “free and democratic society”. This is a major
assumption which allows Section 5 of the New Zealand Bill of Rights Act
1990 to be used.

Sincerely,
                      John

-----Original Message-----

Kia ora,

 

Please find your OIA response attached.

Ngā mihi,

Paul

 

 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #23181 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[5]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA
or LGOIMA page.

-------------------------------------------------------------------

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hide quoted sections

Dear John,

 

Please find your OIA response attached.

 

 

Ngā mihi,

Communications Services
Ministry of Justice | Tāhū o te Ture

www.[1]justice.govt.nz

 

 

 

 

 

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