Employment NZ advice to not answer questions about a medicine's safety
Erika Whittome made this Official Information request to Ministry of Business, Innovation & Employment
The request was partially successful.
From: Erika Whittome
Dear Ministry of Business, Innovation & Employment,
I refer you to the Employment NZ advice from 26 Nov 2021 on your page entitled
"covid-19-vaccination-and-employment"
https://web.archive.org/web/202112261912...
"Before any vaccine is approved for use in New Zealand, it must meet international standards and local requirements for quality, safety and efficacy.
This does not mean employers need to debate or provide detailed answers to questions about the vaccination, its safety, and/or its effectiveness as a control against infection/transmission/severe illness."
Please could I have the minutes, emails and any correspondence and policy documents for the decision to publish the above saying the employers do not need to debate or provide detailed answers to questions about the vaccination [Pfizer] and its safety.
The statement remains on the site today https://www.employment.govt.nz/workplace...
Yours faithfully,
Erika Whittome
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: 2324-0045
Kia ora Erika Whittome,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 6 July 2023 requesting under the Official
Information Act 1982 (the Act), the following:
“Dear Ministry of Business, Innovation & Employment, I refer you to the
Employment NZ advice from 26 Nov 2021 on your page entitled
"covid-19-vaccination-and-employment"
https://aus01.safelinks.protection.outlo...
"Before any vaccine is approved for use in New Zealand, it must meet
international standards and local requirements for quality, safety and
efficacy.
This does not mean employers need to debate or provide detailed answers to
questions about the vaccination, its safety, and/or its effectiveness as a
control against infection/transmission/severe illness."
Please could I have the minutes, emails and any correspondence and policy
documents for the decision to publish the above saying the employers do
not need to debate or provide detailed answers to questions about the
vaccination [Pfizer] and its safety.
The statement remains on the site today
https://aus01.safelinks.protection.outlo...
Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [1][MBIE request email] or
using the contact details below.
Nâku noa, nâ
Ministerial Services
Corporate Services, Finance & Enablement
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 | PO Box 1473 Wellington 6140
References
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1. mailto:[MBIE request email]
From: *OIA
Ministry of Business, Innovation & Employment
Tēnā koe Erika,
Thank you for your OIA request, received on 6 July 2023 to the Ministry of
Business, Innovation and Employment (MBIE).
Please find attached extension letter from MBIE.
Ngā mihi,
Workplace Relations and Safety Policy Branch
Labour, Science and Enterprise Group
Ministry of Business, Innovation & Employment (MBIE)
From: *OIA
Ministry of Business, Innovation & Employment
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DOIA 2324 0045 Erika Whittome response letter.pdf
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Kia ora Erika
We are emailing to let you know that we have finished processing your OIA
request. We apologise for the delay in getting this to you.
The response was sent the afternoon of 18 August 2023 (the due date) but
the email bounced back as our email security system is catching the
attachments. We have attempted to rectify this however the response has
been caught in our system twice now.
We are working to fix the issue and will send you the response as soon as
able. In the meantime please find attached our response letter to you.
Ngā mihi nui
MINISTERIAL SERVICES
Te Whakatairanga Service Delivery
Ministry of Business, Innovation and Employment | Hīkina Whakatutuki
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
[1]http://mbieintranet/assets/MBIE-visual-i...
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From: Erika Whittome
Dear *OIA,
Yeep, I’m still waiting to receive the emails. You may have finished processing the request, but I have not received the information at all, just a cover letter.
Yours sincerely,
Erika Whittome
From: *OIA
Ministry of Business, Innovation & Employment
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Additional emails letters and versions Redacted.pdf
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Main advice email chain Redacted.pdf
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DOIA 2324 0045 Erika Whittome response letter.pdf
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Kia ora Erika,
Further to our response sent to you on 18 August 2023, please see attached
the information released to you.
The documents are password protected, the password for both documents is:
23240045
Thank you for your patience, and apologies that the substantive release
content could not be sent to you on Friday afternoon.
Ngā mihi,
Ministerial Services
Ministry of Business, Innovation and Employment
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
[1]http://mbieintranet/assets/MBIE-visual-i...
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From: Erika Whittome
Dear MBIE,
I see that: "Redactions have been made under section 9(2)(h) to maintain legal
professional privilege between officials and their legal advisors."
I request the redacted comms please, For example this email between MBIE staff:
From: Edward Butler <[email address]>
Sent: Thursday, 30 September 2021 10:59 am
To: Shane Kinley <[email address]>
Cc: Val Sim <[email address]>
Subject: RE: Letters being received [IN CONFIDENCE] [CLO-Docs.HEA007.1059] [IN CONFIDENCE]
IN CONFIDENCE: legally privilege
Yours sincerely,
Erika Whittome
From: *OIA
Ministry of Business, Innovation & Employment
Kia ora Erika,
Thank you for your email referring to the information that was released to
you on 21 August 2023.
The redactions made under section 9(2)(h) of the Official Information Act
1982 (the Act) were made to maintain the legal professional privilege
between officials and their legal advisors.
Legal privilege protects communications between a lawyer and their client,
and extends to requests made to a lawyer for legal advice and the legal
advice provided to the client. In the information released to you we have
redacted both substantive requests for legal advice from MBIE officials
who are not registered lawyers (the client), and the advice provided by
registered lawyers both working in the MBIE legal team, and Crown Law.
Specifically, the example email you have referenced is sent from an MBIE
lawyer to their client and contained legally privileged information.
If this explanation has not sufficiently explained our redaction approach,
please contact [1][email address] and we can arrange to discuss the
matter with you.
You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.
Ngā mihi,
Ministerial Services
Ministry of Business, Innovation and Employment
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
[3]http://mbieintranet/assets/MBIE-visual-i...
References
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1. mailto:[email address]
2. http://www.ombudsman.parliament.nz/
From: Erika Whittome
Dear MBIE,
Sounds like if I took it to court, it would be deemed not under privilege because of public interest for section 9 (1) (h) .
The Ombudsman agrees too in this advice on legal privilege and public interest:
https://www.ombudsman.parliament.nz/site...
Yours sincerely,
Erika Whittome
M Bell left an annotation ()
Quote from that guide to legal privilege ... "A document does not become the subject of legal professional privilege merely because it is signed by a legal adviser or includes a claim to being privileged."
There is certainly public interest in this so should be released purely on that basis. Additionally at face value it appears they are deeming it "necessary" to withhold merely because it could prove embarrassing. These people including MBIE lawyers are public servants, are already personally indemnified against most things and owe an obligation to to the public they serve.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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M Bell left an annotation ()
"Redactions have been made under section 9(2)(h) to maintain legal
professional privilege between officials and their legal advisors."
Might be a good idea to challenge the redactions made in there for emails MBIE to MBIE that are obviously in scope. Seems doubtful there should be any legal professional privileges that apply relating to communication between MBIE public servants.
Link to this