IN-CONFIDENCE

Tēnā koe Erika Whittome,

I am writing to acknowledge receipt of your request under the Official Information Act 1982.

We will endeavour to respond to you as soon as possible, and in any case, no later than 13 November 2023 , being 20 working days from our receipt of your request on 13 October 2023, as provided for under the Act.

If we are unable to respond to your request within those 20 working days, we will notify you of an extension to that timeframe.

Nāku noa, nā
Ministerial Support
PO Box 546, Wellington 6140
P E: OIA [email address]

-----Original Message-----
From: Erika Whittome <[FOI #24438 email]>
Sent: Friday, October 13, 2023 11:30 AM
To: OIA_Requests (OT) <[email address]>
Subject: Official Information request - How many clause 9 exemptions were received and approved for unvaccinated workers?

[You don't often get email from [FOI #24438 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

Dear Oranga Tamariki—Ministry for Children, 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 role within your organization.
3. How many were approved, total number of workers affected?
4. A breakdown by the roles for the above approvals in 3. above.

Yours faithfully,

Erika Whittome

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------------------------------- This email message is intended solely for the person or entity to which it is addressed. The information it contains may be confidential and legally privileged. Any retransmission, dissemination or other sharing of the contents of this email with unauthorised persons may be unlawful. If you are not the intended recipient, please notify us immediately and destroy all copies of this email. Thank you. Oranga Tamariki-Ministry for Children accepts no responsibility for changes made to this email or to any attachments after transmission. ------------------------------

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IN-CONFIDENCE

 

Tēnā koe Erika Whittome

 

Please find attached a response to your Official Information Act request
of 13 October 2023.

Nāku noa, nā

 

Ministerial Support

PO Box 546, Wellington 6140

* E: [1][email address]

 

 

[2][FOI #24438 email]>

Sent: Friday, October 13, 2023 11:30 AM

To: OIA_Requests (OT) <[3][email address]>

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

 

[You don't often get email from
[4][FOI #24438 email]. Learn why this is
important at [5]https://aka.ms/LearnAboutSenderIdentific... ]

 

Dear Oranga Tamariki—Ministry for Children, 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 role within your organization.

3. How many were approved, total number of workers affected?

4. A breakdown by the roles for the above approvals in 3. above.

 

Yours faithfully,

 

Erika Whittome

 

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

 

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

 

Please use this email address for all replies to this request:

[6][FOI #24438 email]

 

------------------------------- This email message is intended solely for
the person or entity to which it is addressed. The information it contains
may be confidential and legally privileged. Any retransmission,
dissemination or other sharing of the contents of this email with
unauthorised persons may be unlawful. If you are not the intended
recipient, please notify us immediately and destroy all copies of this
email. Thank you. Oranga Tamariki-Ministry for Children accepts no
responsibility for changes made to this email or to any attachments after
transmission. ------------------------------

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