How many Corrections staff remained unvaccinated after being granted a 7A Medical Exemption?

Colin Whiting made this Official Information request to Mark Mitchell

The request was successful.

From: Colin Whiting

Dear Mark Mitchell,

In a recent previous FOIA request made to Corrections, I was informed that 220 Corrections staff who had contracted Covid19, were granted a 7A Medical Exemption under the, "COVID-19 Public Health Response (Vaccinations) Amendment Order 2021"
And that these staff on returning to work would not require, a Covid19 vaccine for the 6 months from being infected with Covid19.
It is my understanding that the 7A medical exemption was revoked by the New Zealand Government at 11.59pm November 7th 2021. Along with the Covid19 vaccination Mandates for Prisons being lifted from July 2nd 2022.

Given the above information, my FOIA request is therefore as follows.
How many of these 220 Corrections staff given a 7A medical Exemption who returned to work in New Zealand Prisons, remained unvaccinated against Covid19 (zero vaccinations) for the 8 months between November 8th 2021 and July 2nd 2022.

Below I have copy and pasted the pertinent text from my previous FOIA replies along with the link,.which has instigated this current FOIA request,

"In accordance with clause 7A, The Chief Executive authorised 220 Corrections staff to return to work following their recovery from Covid-19."

https://fyi.org.nz/request/24455-the-num...

"Under clause 9, the Chief Executive authorised 220 Corrections staff to return to work following their recovery from COVID-19. It is important to note that public health guidance discourages vaccination for six months following an infection of COVID-19."

https://fyi.org.nz/request/24455-the-num...

Yours faithfully,

Colin Whiting

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From: Mark Mitchell (MIN)
Mark Mitchell

Tēnā koe Colin

On behalf of Minister Mitchell, thank you for your OIA request. A response will be provided to you as per the requirements of the Official Information Act.

Nāku noa, nā

Office of Hon Mark Mitchell
Minister of Corrections
Minister of Police
Minister of Emergency Management and Recovery

Parliamentary Service Te Ratonga Whare Pāremata
Private Bag 18041, Wellington 6160, New Zealand
www.parliament.nz

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From: Radhika Bhikha

Good morning Colin,

On behalf of the Minister of Corrections, Hon Mark Mitchell, thank you for your email received on 6 December 2023. You have requested under the Official Information Act 1982 (OIA):

'...How many of these 220 Corrections staff given a 7A medical Exemption who returned to work in New Zealand Prisons, remained unvaccinated against Covid19 (zero vaccinations) for the 8 months between November 8th 2021 and July 2nd 2022...'

This request is considered more closely connected to the Department of Corrections. Consequently, I am transferring this request to Corrections for consideration and direct response in accordance with section 14 of the OIA. You should expect a response from Corrections in due course.

Kind regards

Radhika Bhikha
Private Secretary | Office of Hon Mark Mitchell
Minister of Police
Minister of Corrections
Minister for Emergency Management and Recovery
MP for Whangaparaoa

Email: [email address] Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

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From: Info@Corrections


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Kia ora,

 

Please find attached.

 

Ngā mihi | Kind regards,

 

Ministerial Services

Department of Corrections, Ara Poutama Aotearoa

a: National Office, Mayfair House, 44-52 The Terrace, Wellington 6011

[1][IMG] [2][IMG] [3][IMG] [4][IMG] [5][IMG]

 

 

 

 

 

 

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From: Colin Whiting

Dear Info@Corrections,
Thankyou for your reply.
Unfortunately only part of my request has been answered.
I would still like to know how it was possible for 220 Corrections staff to be exempted from having a Covid19 vaccination booster under clause 7A, when clause 7A was replaced by clause 9B on the 12th November 2021.
It is my understanding that at the time any unvaccinated Corrections staff who had received an exemption under clause 7A, had to re-apply to receive an exemption under clause 9B.
My understanding of your reply, (along with your reply from a previous FOIA request) is therefore that 220 fully vaccinated Corrections staff prior to November 12th 2021, were exempted under clause 7A from having to receive a Covid19 vaccination booster, because they had contracted Covid19.

Yours sincerely,

Colin Whiting

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From: Info@Corrections

Kia ora,

Thank you for getting in touch with the Ministerial Services team.

Please note - the [1][email address] inbox is monitored from
8:00am to 4:00pm Monday to Friday excluding public holidays.

If your request is urgent and relates to the wellbeing or safety of
someone in prison, please contact the prison directly. Contact details for
all prisons can be found here:
[2]https://www.corrections.govt.nz/about_us...

If you are looking for the location of a person in prison or if you want
to know if someone is in prison, you can request this information by using
the online form on our website.

[3]https://www.corrections.govt.nz/working_...

 

This is an automatic reply to confirm we have received your email and we
will contact you if any further information is required.  Please do not
reply to this message.

Ngā mihi | Kind regards,

The Ministerial Services Team

[4][email address]

 

 

 

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From: Info@Corrections

Kia ora Colin,
 
Thank you for your email.
 
We are in receipt of your email.
 
If you are requesting information, we are required to comply with the
Privacy Act 2020, the Official Information Act 1982 and the Victims Rights
Act 2002.
 
Depending on the nature of your request you may not receive an official
response for up to 20 working days.
 
We will respond to you in due course.
 
Ngā mihi | Kind regards,
Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: National Office, Mayfair House, 44-52 The Terrace, Wellington 6011
 
 
 
 
 
 
 
 
 

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From: Info@Corrections


Attachment C177729 WHITING Colin SENS OIA Extension.pdf
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Kia ora,

Please see attatched reponse to the below correspondence.

Ministerial Services
Ara Poutama Aotearoa, Department of Corrections
Wāhi mahi: National Office, Mayfair House, 44 -52 The Terrace, Wellington 6011

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From: Info@Corrections


Attachment C177729 WHITING Colin SENS OIA R.L.20240313.pdf
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Good afternoon Colin,

Please see the attached response to the below request.

Kind regards,

Ministerial Services
Ara Poutama Aotearoa, Department of Corrections
Wāhi mahi: National Office, Mayfair House, 44 -52 The Terrace, Wellington 6011

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From: Colin Whiting

Dear Info@Corrections,
Thankyou for your reply, to my above OIA request on the granting of 7A Covid19 vaccination exemptions.
In your reply you stated below.
"Please be advised that Corrections provided you with the incorrect information in response
to both OIA requests dated 16 October and 6 December 2023 and we wish to apologise for
this error. All 220 staff referred to previously, returned to work under the version of clause
7A that came into force on 15 May 2022 which can be found here. https://www.legislation.govt.nz/regulati...
No staff were authorised under clause 9 or the version of clause 7A that was in force as of 25 October 2021."

In order to reach a conclusion from your above reply, I first need to clarify my findings thus far from your previous replies to my initial OIA request, in that it has so far been stated by you.

That no staff working within Corrections remained unvaccinated against Covid19 (zero vaccinations) for the 8 months, between November 8th 2021 and July 2nd 2022.
The only vaccination exemptions given were those given to 220 fully vaccinated staff who had contracted Covid19, (despite being double vaccinated) thus resulting in them being immune from requiring a booster vaccination for the 6 month period, from the time of no longer testing positive for Covid19.
The only Covid19 vaccination exemptions were those given when implementing, the new version of the 7A exemption from 15th May 2022.
My question to Corrections following their above March 13th 2024 reply, is for the timeframe in using the 7A booster exemptions..

What process was used by Corrections for giving a Covid19 booster exemption to fully vaccinated Corrections staff who returned to work, prior to the15th May 2022 after recovering from contracting Covid19, and no longer testing positive for Covid19?
Or did these staff just remain off work until 15th May 2022, and were subsequently included in the 220 staff who 'returned to work' after the 15th May 2022, when the new version of the 7A Exemption was enacted ?

Yours sincerely,

Colin Whiting

Link to this

From: Info@Corrections

Kia ora,

Thank you for getting in touch with the Ministerial Services team.

Please note - the [1][email address] inbox is monitored from
8:00am to 4:00pm Monday to Friday excluding public holidays.

If your request is urgent and relates to the wellbeing or safety of
someone in prison, please contact the prison directly. Contact details for
all prisons can be found here:
[2]https://www.corrections.govt.nz/about_us...

If you are looking for the location of a person in prison or if you want
to know if someone is in prison, you can request this information by using
the online form on our website.

[3]https://www.corrections.govt.nz/working_...

 

This is an automatic reply to confirm we have received your email and we
will contact you if any further information is required.  Please do not
reply to this message.

Ngā mihi | Kind regards,

The Ministerial Services Team

[4][email address]

 

 

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From: Info@Corrections

Kia ora Colin,

Thank you for your email.

We are in receipt of your email.

If you are requesting information, we are required to comply with the Privacy Act 2020, the Official Information Act 1982 and the Victims Rights Act 2002.

Depending on the nature of your request you may not receive an official response for up to 20 working days.

We will respond to you in due course.

Ngā mihi | Kind regards,
Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: National Office, Mayfair House, 44-52 The Terrace, Wellington 6011

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From: Info@Corrections


Attachment C179663 WHITING Colin Sens OIA Extension Letter.pdf
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Good morning Colin,

Please see attatched reponse to the below correspondence.

Kind regards,
Ministerial Services
Ara Poutama Aotearoa, Department of Corrections
Wāhi mahi: National Office, Mayfair House, 44 -52 The Terrace, Wellington 6011

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From: Info@Corrections


Attachment C179663 WHITING Colin Sens OIA Extension Letter.pdf
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Good morning Colin,

Please disregard our previous email sent to you earlier this morning and see our updated attached response to the below correspondence.

Kind regards,
Ministerial Services
Ara Poutama Aotearoa, Department of Corrections Wāhi mahi: National Office, Mayfair House, 44 -52 The Terrace, Wellington 6011

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From: Info@Corrections


Attachment C179663 WHITING Colin OIA R.L.20240516.pdf
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Good afternoon Colin,

Please see the attached response to the below request.

Kind regards,

Ministerial Services
Ara Poutama Aotearoa, Department of Corrections Wāhi mahi: National Office, Mayfair House, 44 -52 The Terrace, Wellington 6011

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From: Colin Whiting

Dear Info@Corrections,
Thank you for your email of 16th May 2024.

First I would like to clarify the following in your reply.

"Those fully vaccinated staff who tested positive prior to the authorisation regime being
enacted were placed on special leave for a period of 14 days. During this 14-day period,
evidence was gathered and submitted to the Director General of the Ministry of Health to
approve the exemption. Following the granting of an exemption, the person was permitted
to return to work following that 14-day period and the date requirement to receive their
booster was extended for six months as per Ministry of Health advice."

For those fully vaccinated staff who were granted the 14 day 'special leave' prior to 15th May 2022, was this 'special leave' for frontline staff who had contracted Covid19 and were therefore absent as being sick, or was it also for any staff member who had tested positive for Covid19 without showing any symptoms, and therefore not being absent as sick?
Or did both of these above categories qualify for the 14 day 'special leave', awaiting the outcome of a Booster Exemption or extension application, submitted to the Director General of The Ministry Health?

Once a staff member had contracted or tested positive for Covid19, and a Booster Exemption was submitted to the Director General of The Ministry of Health, was their booster date extended for 6 months following the time they had tested positive for Covid19, or for 6 months extending on from the date of their next Booster?

Can you also clarify that the Booster extension was for 6 months and not the 3 months, as mentioned in an earlier paragraph of your reply quoted below ?
"As you are aware, the Ministry of Health advised that people who tested positive for COVID19 should wait three months after they test positive before receiving their booster vaccination."

Finally how many successful Covid19 Booster Exemptions ("temporary medical exemption") were granted by The Director General of the Ministry of Health, for Corrections Staff prior to May15th 2022? (subtracted from the overall 220 following May 15)
Also how many Corrections staff were unsuccessful in being granted the "temporary medical exemption" for the Covid19 Booster prior to May 15th 2022, from The Director General of The Ministry of Health?

Yours sincerely,

Colin Whiting

Link to this

From: Info@Corrections

Kia ora,

Thank you for getting in touch with the Ministerial Services team.

Please note - the [1][email address] inbox is monitored from
8:00am to 4:00pm Monday to Friday excluding public holidays.

If your request is urgent and relates to the wellbeing or safety of
someone in prison, please contact the prison directly. Contact details for
all prisons can be found here:
[2]https://www.corrections.govt.nz/about_us...

If you are looking for the location of a person in prison or if you want
to know if someone is in prison, you can request this information by using
the online form on our website.

[3]https://www.corrections.govt.nz/working_...

 

This is an automatic reply to confirm we have received your email and we
will contact you if any further information is required.  Please do not
reply to this message.

Ngā mihi | Kind regards,

The Ministerial Services Team

[4][email address]

 

 

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From: Info@Corrections


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Kia ora,

 

Thank you for your email.

 

We are in receipt of your email.

 

If you are requesting information, we are required to comply with the
Privacy Act 2020, the Official Information Act 1982 and the Victims Rights
Act 2002.

 

Depending on the nature of your request you may not receive an official
response for up to 20 working days.

 

We will respond to you in due course.

 

Ngā mihi | Kind regards,

Ministerial Services

Department of Corrections, Ara Poutama Aotearoa

a: National Office, Mayfair House, 44-52 The Terrace, Wellington 6011

[1][IMG] [2][IMG] [3][IMG] [4][IMG] [5][IMG]

 

 

 

 

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From: Info@Corrections


Attachment C182306 WHITING Colin SENS OIA signed.pdf
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Good afternoon, Colin.

Please see the attached response to the below request.

Kind regards,

Ministerial Services
Ara Poutama Aotearoa, Department of Corrections Wāhi mahi: National Office, Mayfair House, 44 -52 The Terrace, Wellington 6011

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