Clause 9 vax exemptions and health and safety designations at CAA

Erika Whittome made this Official Information request to Civil Aviation Authority of New Zealand

The request was successful.

From: Erika Whittome

Dear Civil Aviation Authority of New Zealand,

1. What budget was allocated for Covid 19 health and safety activities at the Civil Aviation Authority of New Zealand for the 2021/2022 financial year? For example Covid advisors, Covid risk specialist roles etc

2. How many exemptions were given under clause 9 of the COVID-19 Public Health Response (Vaccinations) Order 2021 (version as of 25 Oct 2021). I will copy and paste from that clause:

Clause 9 Chief executive may authorise affected persons not vaccinated to carry out
certain work

(2) A chief executive may authorise an affected person who has not been vaccina‐
ted to carry out certain work if the work—
(a) is unanticipated, necessary, and time-critical and cannot be carried out
by a person who is vaccinated; and
(b) must be carried out to prevent the ceasing of operations.
(3) An affected person who is authorised to carry out certain work under subclause
(2) may be authorised to re-enter as many times as is necessary to complete the
work.
(4) An affected person may enter any place without approval if they need to enter
to preserve or protect a person’s life, health, or safety in an emergency.
(5) In this clause, chief executive,—
(a) in relation to a worker at a managed isolation facility or a managed quar‐
antine facility, means the chief executive of the Ministry of Business,
Innovation, and Employment:
(b) in relation to a worker who is not a service worker and who works at an
affected port or on board an affected ship, means the Director of Mari‐
time New Zealand:
(c) in relation to a worker who is not a service worker and who works at an
affected airport or on board an affected aircraft, means the Director of
Civil Aviation:

3 What designations did the Civil Aviation Authority of New Zealand receive under section 191 of the Health and Safety at Work Act 2015 in order to act as a regulator for health and safety matters?

Yours faithfully,

Erika Whittome

Link to this

From: OIA
Civil Aviation Authority of New Zealand

Kia ora Erika,

I acknowledge receipt of your official information request to the CAA for
the following –

“1. What budget was allocated for Covid 19 health and safety activities at
the Civil Aviation Authority of New Zealand for the 2021/2022 financial
year? For example Covid advisors, Covid risk specialist roles etc

 

2. How many exemptions were given under clause 9 of the COVID-19 Public
Health Response (Vaccinations) Order 2021 (version as of 25 Oct 2021). I
will copy and paste from that clause:

 

Clause 9 Chief executive may authorise affected persons not vaccinated to
carry out certain work

 

(2) A chief executive may authorise an affected person who has not been
vaccina‐ ted to carry out certain work if the work—

(a) is unanticipated, necessary, and time-critical and cannot be carried
out by a person who is vaccinated; and

(b) must be carried out to prevent the ceasing of operations.

(3) An affected person who is authorised to carry out certain work under
subclause

(2) may be authorised to re-enter as many times as is necessary to
complete the work.

(4) An affected person may enter any place without approval if they need
to enter to preserve or protect a person’s life, health, or safety in an
emergency.

(5) In this clause, chief executive,—

(a) in relation to a worker at a managed isolation facility or a managed
quar‐ antine facility, means the chief executive of the Ministry of
Business, Innovation, and Employment:

(b) in relation to a worker who is not a service worker and who works at
an affected port or on board an affected ship, means the Director of Mari‐
time New Zealand:

(c) in relation to a worker who is not a service worker and who works at
an affected airport or on board an affected aircraft, means the Director
of Civil Aviation:

 

3 What designations did the Civil Aviation Authority of New Zealand
receive under section 191 of the Health and Safety at Work Act 2015 in
order to act as a regulator for health and safety matters?”

 

We received your request on 11/09/2023 We will endeavour to respond to
your request as soon as possible and in any event no later than 9 October
2023, being 20 working days after the day your request was received. If we
are unable to respond to your request by then, we will notify you of an
extension of that timeframe.

Your request is being handled by the OIA team. If you have any queries,
please feel free to contact us at [1][CAA request email] with the reference
24/OIR/092

If any additional factors come to light which are relevant to your
request, please do not hesitate to contact us so that these can be
considered.

 

 

Nga Mihi,

 

OIA Team

Civil Aviation Authority of New Zealand  Q Aviation Security Service

Te Mana Rererangi Tūmatanui o Aotearoa  |  Kaiwhakamaru Rererangi

 

Legal Services | OIA

 * Level 8, Asteron Centre, 55 Featherston Street, Wellington 6011, PO Box
3555, Wellington, 6140, New Zealand

P  Please consider the environment before printing this e-mail

 

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References

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1. mailto:[CAA request email]

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From: OIA
Civil Aviation Authority of New Zealand

Kia ora Erika,

On 11 September you made requests under the Official Information Act 1982 (OIA) for the following information:

” 1. What budget was allocated for Covid 19 health and safety activities at the Civil Aviation Authority of New Zealand for the 2021/2022 financial year? For example Covid advisors, Covid risk specialist roles etc

2. How many exemptions were given under clause 9 of the COVID-19 Public Health Response (Vaccinations) Order 2021 (version as of 25 Oct 2021). I will copy and paste from that clause:

Clause 9 Chief executive may authorise affected persons not vaccinated to carry out certain work

(2) A chief executive may authorise an affected person who has not been vaccina‐ ted to carry out certain work if the work—
(a) is unanticipated, necessary, and time-critical and cannot be carried out by a person who is vaccinated; and
(b) must be carried out to prevent the ceasing of operations.
(3) An affected person who is authorised to carry out certain work under subclause
(2) may be authorised to re-enter as many times as is necessary to complete the work.
(4) An affected person may enter any place without approval if they need to enter to preserve or protect a person’s life, health, or safety in an emergency.
(5) In this clause, chief executive,—
(a) in relation to a worker at a managed isolation facility or a managed quar‐ antine facility, means the chief executive of the Ministry of Business, Innovation, and Employment:
(b) in relation to a worker who is not a service worker and who works at an affected port or on board an affected ship, means the Director of Mari‐ time New Zealand:
(c) in relation to a worker who is not a service worker and who works at an affected airport or on board an affected aircraft, means the Director of Civil Aviation:

3 What designations did the Civil Aviation Authority of New Zealand receive under section 191 of the Health and Safety at Work Act 2015 in order to act as a regulator for health and safety matters?"

The OIA requires that the CAA advise you of its decision regarding your request no later than 20 working days after the day the received your request. It is not possible to meet that time limit and we are writing to notify you of an extension of the time to make our decision, to 6 November 2023 (being an additional 20 working days).

This extension is necessary because your request for information requires substantial collation and we find it necessary to consult with internal parties regarding the information that you have requested. That said, we will endeavour to provide you with the information requested as soon as practicable.

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 www.ombudsman.parliament.nz or freephone 0800 802 602.
This e-mail (and its accompanying attachments) is intended for the named recipient only and may contain information that is provided in confidence and may be subject to legal privilege. Any classification marking must be adhered to. If you are not the intended recipient please inform the sender and destroy the message. If you have received this message in error you must not distribute or copy this e-mail or its attachments. The Civil Aviation Authority accepts no responsibility for any changes made to this message after the transmission from the Civil Aviation Authority. Before opening or using attachments, check them for viruses and other effects. This communication may be accessed or retained for information assurance and cyber security purposes.

Link to this

From: Erika Whittome

Dear OIA,

I am concerned that you “consult” for the response to this official information act request. The official information act requires that you answer the questions and supply the information, not “consult”.

Yours sincerely,

Erika Whittome

Link to this

From: OIA
Civil Aviation Authority of New Zealand

Kia Ora Erika,

I am writing in reference to your official information request to the CAA for the following –

"1. What budget was allocated for Covid 19 health and safety activities at the Civil Aviation Authority of New Zealand for the 2021/2022 financial year? For example Covid advisors, Covid risk specialist roles etc

2. How many exemptions were given under clause 9 of the COVID-19 Public Health Response (Vaccinations) Order 2021 (version as of 25 Oct 2021). I will copy and paste from that clause:

Clause 9 Chief executive may authorise affected persons not vaccinated to carry out certain work

(2) A chief executive may authorise an affected person who has not been vaccina‐ ted to carry out certain work if the work—
(a) is unanticipated, necessary, and time-critical and cannot be carried out by a person who is vaccinated; and
(b) must be carried out to prevent the ceasing of operations.
(3) An affected person who is authorised to carry out certain work under subclause
(2) may be authorised to re-enter as many times as is necessary to complete the work.
(4) An affected person may enter any place without approval if they need to enter to preserve or protect a person’s life, health, or safety in an emergency.
(5) In this clause, chief executive,—
(a) in relation to a worker at a managed isolation facility or a managed quar‐ antine facility, means the chief executive of the Ministry of Business, Innovation, and Employment:
(b) in relation to a worker who is not a service worker and who works at an affected port or on board an affected ship, means the Director of Mari‐ time New Zealand:
(c) in relation to a worker who is not a service worker and who works at an affected airport or on board an affected aircraft, means the Director of Civil Aviation:

3 What designations did the Civil Aviation Authority of New Zealand receive under section 191 of the Health and Safety at Work Act 2015 in order to act as a regulator for health and safety matters?

Response

1) There was no specific budget allocated for Covid 19 health and safety advisors, or risk specialist roles or activities at the Civil Aviation Authority of New Zealand for the 2021/2022 financial year.

2) The Chief Executive of the Civil Aviation Authority did not give any exemptions to staff under clause 9 of the COVID-19 Public Health Response (Vaccinations) Order 2021 (version as of 25 Oct 2021).

3) The designations the Civil Aviation Authority of New Zealand received under section 191 of the Health and Safety at Work Act 2015 are outlined in the attached https://www.aviation.govt.nz/assets/heal...

We hope this satisfies.

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 www.ombudsman.parliament.nz or freephone 0800 802 602.

Nga Mihi,

OIA Team
Civil Aviation Authority of New Zealand Aviation Security Service
Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi

Legal Services | OIA
Level 8, Asteron Centre, 55 Featherston Street, Wellington 6011, PO Box 3555, Wellington, 6140, New Zealand
 Please consider the environment before printing this e-mail

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