Kia Ora Erika,

In response to your request dated 13/10/2023 we have prepared the following in response:

There were no clause 9 CEO operational exemptions received by the Civil Aviation Authority, and there were none approved.

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
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-----Original Message-----
From: Erika Whittome <[FOI #24439 email]>
Sent: Friday, October 13, 2023 11:32 AM
To: OIA <[email address]>
Subject: Official Information request - How many clause 9 exemptions were received and approved for unvaccinated workers?

Dear Civil Aviation Authority of New Zealand, 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
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(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 organizations, companies and roles.
3. How many were approved, total number of workers affected?
4. A breakdown by the organizations, companies and roles for the above approvals in 3. above.

Yours faithfully,

Erika Whittome

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