How many clause 9 exemptions were received and approved for unvaccinated workers
Erika Whittome made this Official Information request to Ministry of Health
The request was successful.
      From: Erika Whittome
      
    
    Dear Ministry of Health,
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 DHB or other tax funded health organization, eg medsafe etc
3. How many were approved, total number of workers affected?
4. A breakdown by the organization for the above approvals in 3. above.
Yours faithfully,
Erika Whittome
        From: OIA Requests
      
    
    Kia ora Erika
   
 Thank you for your request for official information. The reference number
 for your request is: H2023032396
   
 As required under the Official Information Act 1982, Manatū Hauora will
 endeavour to respond to your request no later than 20 working days after
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 Ngā mihi
  
 OIA Services Team
 Manatū Hauora | Ministry of Health
 M[4]inistry of Health information releases 
 U[5]nite against COVID-19
  
  
show quoted sections
        From: OIA Requests
      
    
    Kia ora Erika,
 I am contacting you regarding your request for the below:
 1. How many such clause 9 CEO operational exemptions were received?
 2. Please share the break down by DHB or other tax funded health
 organization, eg medsafe etc
 3. How many were approved, total number of workers affected?
 4. A breakdown by the organization for the above approvals in 3. above.
 Can you please confirm if you have referred to the right provisions under
 the vaccination order? If you are interested in the former DHBs and other
 health agencies, those would’ve been dealt with under the temporary
 medical exemption and significant service disruption provisions, not
 clause 9. Are you looking for information regarding former DHBs and health
 agencies?
Ngâ mihi 
  
OIA Services Team
Manatû Hauora | Ministry of Health
M[1]inistry of Health information releases 
 U[2]nite against COVID-19 
show quoted sections
References
Visible links
 1. https://www.health.govt.nz/about-ministr...
 2. https://covid19.govt.nz/
      From: Erika Whittome
      
    
    Dear OIA Requests,
I copied and pasted from the order. That’s what’s in the order under clause 9.
Please answer the questions ie Did the various CEO receive and approve exemptions under clause 9?
Yours sincerely,
Erika Whittome
        From: OIA Requests
      
    
    Kia ora Erika,
 Please find attached a response to your official information act request 
Ngā mihi 
  
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases 
 U[2]nite against COVID-19 
show quoted sections
References
Visible links
 1. https://www.health.govt.nz/about-ministr...
 2. https://covid19.govt.nz/
Things to do with this request
- Add an annotation (to help the requester or others)
 - Download a zip file of all correspondence (note: this contains the same information already available above).
 

