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Kia ora,

Thank you for your request for information below. The Ministry will
consider and respond to your request in accordance with the Official
Information Act 1982 (the Act).

 

Under section 15(1) of the Act, we are required to make and inform you of
our decision on your request as soon as reasonably practicable and in any
case not later than 20 working days after the day on which your request is
received.  You can therefore expect to receive our decision on your
request on or before the 08/11/2023.  If more than 20 working days are
needed due to the potential workload and/or consultations involved in
answering your request, we will notify you accordingly.

 

The Ministry may publicly release on our website the response to your
request five days after you have received it. Any personal information
will be removed.

In the interim, if you have any questions about your request, please email
[1][email address].

 

Ngā mihi,

 

 

Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of
Education | SW

[2]education.govt.nz

We shape an education system that delivers equitable and excellent
outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
[3]Te TD huhu o te MD tauranga

From: Erika Whittome <[4][FOI #24391 email]>

Sent: Tuesday, 10 October 2023 7:24 pm

To: Enquiries National <[5][email address]>

Subject: Official Information request - How many clause 9 exemptions were
received and approved for unvaccinated workers?

 

Dear Ministry of Education,

 

According to the legislation at the time in Nov 2021, there were
exemptions available for those who were not getting vaccinated against
Covid 19 under clause 9 of the COVID-19 Public Health Response
(Vaccinations) Order 2021 which I will copy and paste:

 

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

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

 

(1) This clause—

(a) applies despite anything in clause 7 or 8; but

(b) does not apply to an affected person who belongs to a group specified
in Part 7 or 9 of the table in Schedule 2.

(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
quarantine 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
Maritime 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:

(ca) in relation to a staff member of a corrections prison, means the
chief executive of the Department of Corrections:

(d) in relation to any other worker, means the chief executive of the
relevant PCBU.

 

Kindly share:

1. How many such clause 9 CEO operational exemptions were received?

2. Please share the break down by school type, eg integrated, private,
state funded. 

3. How many were approved, total number?

4. A breakdown by school type for the above approvals in 3.

 

Yours faithfully,

 

Erika Whittome

 

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Kia ora

 

Please find attached the response to your OIA request.

 

Ngā mihi

 

Enquiries National Team | Te Tāhuhu o te Mātauranga | Ministry of
Education | MC

[1]education.govt.nz

We shape an education system that delivers equitable and excellent
outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
[2]Te TD huhu o te MD tauranga

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email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
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References

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2. https://www.education.govt.nz/

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